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Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (Text with EEA relevance)

article  2

CELEX:  32022R1031

1. For the purposes of this Regulation, the following definitions apply:
(a) ‘economic operator’ means an economic operator as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU;
(b) ‘goods’ means goods referred to in the object of a public procurement procedure and in the specifications of the relevant contract, but does not cover any input, material or ingredient incorporated in the supplied goods;
(c) ‘estimated value’ means the estimated value of a contract calculated in accordance with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU;
(d) ‘score adjustment’ means the relative diminution by a given percentage of the score of a tender, resulting from its evaluation by a contracting authority or a contracting entity, on the basis of the contract award criteria defined in the relevant public procurement documents. In cases where price or cost is the only contract award criterion, the score adjustment means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer;
(e) ‘evidence’ means any information, certificate, supporting document or statement that aims to prove compliance with the obligations set out in Article 8, such as:
(i) documents showing that the goods are originating in the Union or a third country;
(ii) a description of manufacturing processes, including samples, descriptions or photographs, for goods to be supplied;
(iii) an extract of relevant registers or of financial statements for the origin of services, including a value-added tax (VAT) identification number;
(f) ‘contracting authority’ means a contracting authority as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU;
(g) ‘contracting entity’ means a contracting entity as defined in Directives 2014/23/EU and 2014/25/EU;
(h) ‘interested party’ means any person or entity whose interest might be affected by a third-country measure or practice, such as undertakings, associations of undertakings or the main cross-industry organisations representing social partners at Union level;
(i) ‘third-country measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, at any level, that results in a serious and recurrent impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country;
(j) ‘IPI measure’ means a measure adopted by the Commission in accordance with this Regulation limiting the access of economic operators, goods or services originating in third countries to the Union public procurement or concession markets in the area of non-covered procurement;
(k) ‘non-covered procurement’ means public procurement procedures for goods, services or concessions regarding which the Union has not undertaken market access commitments in an international agreement in the field of public procurement or concessions;
(l) ‘contracts’ means public contracts as defined in Directive 2014/24/EU, concessions as defined in Directive 2014/23/EU and supply, works and service contracts as defined in Directive 2014/25/EU;
(m) ‘tenderer’ means a tenderer as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU;
(n) ‘country’ means any State or separate customs territory, without such term having implications for sovereignty;
(o) ‘subcontracting’ means arranging the execution of a part of a contract by a third party and does not include the mere delivery of goods or parts that are necessary for the provision of a service.