Article 37

1. The agreement referred to in Article 36(3), second subparagraph, shall establish a negotiating mandate for the Commission to procure, on behalf of or in the name of the participating Member States, the relevant goods and services of critical importance or crisis-relevant goods and services through the conclusion of new contracts. That negotiating mandate shall include the award criteria. 2. The Commission shall invite participating Member States to nominate representatives to take part in the negotiation of the agreement referred to in Article 36(3), point (b), as well as in the preparation of the public procurement procedure. 3. Under that agreement, the Commission shall be entitled, when procuring on behalf of or in the name of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of critical importance or crisis-relevant goods and services, concerning the provision of such goods or services. 4. Without prejudice to Article 174 of the Financial Regulation, the Commission shall carry out the procurement procedures on behalf of or in the name of the participating Member States, including the adoption of the award decision and conclude the resulting contracts with the economic operators. 5. When implementing the resulting agreements and when carrying out the procurement procedures,the Commission shall ensure that participating Member States are treated in a non-discriminatory manner.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-27 · Text as adopted (Official Journal); later amendments are not incorporated in this text.