NORDIC PROCUREMENT ENFORCEMENT
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c3-23.1
c3-23.2
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c3-23.5
c3-23.6
c3-23.7
c3-23.8
u3-35
c3-24.1
c3-24.2
c3-24.3
c3-24.4.1
c3-24.4.2
w2-19.3
c3-25.1
c3-25.2
c3-26
c3-27.1
c3-27.2

32004L0018: c3-23.5

Standards in functional requirements

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 23.5
5. Where a contracting authority uses the option laid down in paragraph 3 to prescribe in terms of performance or functional requirements, it may not reject a tender for works, products or services which comply with a national standard transposing a European standard, with a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, if these specifications address the performance or functional requirements which it has laid down.
    In his tender, the tenderer must prove to the satisfaction of the contracting authority and by any appropriate means that the work, product or service in compliance with the standard meets the performance or functional requirements of the contracting authority.
    An appropriate means might be constituted by a technical dossier of the manufacturer or a test report from a recognised body.
32004L0017 - Utilities (3rd generation) Article 34.5
5. Where a contracting entity uses the option provided for in paragraph 3 of laying down performance or functional requirements, it may not reject a tender for products, services or works which comply with a national standard transposing a European standard, with a European technical approval, a common technical specification, an international standard, or a technical reference system established by a European standardisation body, if these specifications address the performance or functional requirements which it has laid down.
    In his tender, the tenderer shall prove to the satisfaction of the contracting entity and by any appropriate means that the product, service or work in compliance with the standard meets the performance or functional requirements of the contracting entity.
    An appropriate means might be constituted by a technical dossier from the manufacturer or a test report from a recognised body.

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