Even if, in the event of a challenge to a decision of the appeals committee established by the EIB in connection with the appraisal of its staff, the assessment report as well as the decision itself, automatically came before the Courts of the Union, that, taken alone, would not justify those Courts in limiting their consideration to the objections made to the report, and certainly not in failing entirely to exercise their power to review the merits of the Appeal Committee’s decision, insofar as the committee has a full power of review entitling it to substitute its own assessments for those contained in the report, a power which the Civ ...[+++]il Service Tribunal does not enjoy.

2. By way of derogation from Article 23, the competent authorities may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses or for payment for or transfer of goods when procured for a light water reactor in Iran the construction of which has begun before December 2006, or for any goods for the purposes referred to in Article 6(b) and (c), provided that where the authorisation concerns a person, entity or body listed in Annex VIII, the Sanctions Committee has b ...[+++]een notified of that determination by the Member State concerned and the determination has been approved by that Committee.

2. By way of derogation from Article 16, the competent authorities of the Member States, as indicated on the websites listed in Annex V, may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses or for payment for or transfer of goods when procured for a light water reactor in Iran the construction of which has begun before December 2006, or for goods referred to in Article 6(b) and (c), provided that the following conditions are met:

3..Efficiency and appropriateness of Directive 2010/40/EU and the delegation of power 12

As far as the compulsory exclusion criteria provided for under Article 46(1) of the classic Directive are concerned (convictions by final judgment, e.g. for participation in a criminal organisation), it is acceptable to make these provisions applicable where contracting authorities award contracts which are subject to the Utilities Directive, all the more so as it is often the case that one and the same contracting authority operates in both the utilities and the "classic" sectors.

Although the possibility of a change in substance of the provisions is not formally excluded and can not be formally excluded, it is clearly the goal of the Members States that presented the initiative not to allow any substantial changes.