1.The institutions of the Union and any Member States which so desire may engage in a joint procurement procedure conducted pursuant to the third subparagraph of Article 104(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union ( 14 ) and pursuant to Article 133 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union ( 15 ), with a view to the advance purchase of medical countermeasures for serious cross-border threats to health.
2.The joint procurement procedure referred to in paragraph 1 shall comply with the following conditions:
participation in the joint procurement procedure is open to all Member States until the launch of the procedure;
the rights and obligations of Member States not participating in the joint procurement are respected, in particular those relating to the protection and improvement of human health;
the joint procurement does not affect the internal market, does not constitute discrimination or a restriction of trade or does not cause distortion of competition;
the joint procurement does not have any direct financial impact on the budget of Member States not participating in the joint procurement.
3.The joint procurement procedure referred to in paragraph 1 shall be preceded by a Joint Procurement Agreement between the Parties determining the practical arrangements governing that procedure, and the decision-making process with regard to the choice of the procedure, the assessment of the tenders and the award of the contract.