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.