51997AG0409(01)

COMMON POSITION (EC) No 11/97 adopted by the Council on 20 December 1996 with a view to adopting European Parliament and Council of Directive 97/. . ./EC of amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively (97/C 111/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 57 (2), 66 and 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),

(1) Whereas the Council, by its Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (4), approved on behalf of the Community, inter alia, the Agreement on government procurement, hereinafter referred to as 'the Agreement`, the purpose of which is to establish a multilateral framework of balanced rights and obligations with respect to government procurement with a view to achieving liberalization and expansion of world trade; whereas the Agreement has no direct effect;

(2) Whereas Directives 92/50/EEC (5), 93/36/EEC (6) and 93/37/EEC (7) coordinated the national procedures relating to public service, public supply and public works contracts respectively, in order to introduce equal conditions of competition for such contracts in all the Member States;

(3) Whereas the contracting authorities covered by the Agreement which comply with Directives 92/50/EEC, 93/36/EEC and 93/37/EEC, as amended by this Directive, and which apply the same provisions as regards contractors, suppliers and providers of services of third countries signatory to the Agreement are therefore in conformity with the Agreement;

(4) Whereas, in view of the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, the arrangements to be applied to tenderers and products from signatory third countries are those defined by the Agreement, the scope of which does not, in the case of Directive 92/50/EEC, include service contracts listed in Annex I B thereto, R& D service contracts mentioned in category 8 of Annex I A thereto, telecommunications service contracts mentioned in category 5 of Annex I A thereto, whose CPC numbers are 7524, 7525 and 7526, and financial service contracts mentioned in category 6 of Annex I A thereto in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services;

(5) Whereas certain provisions of the Agreement introduce more favourable conditions for tenderers than those laid down in Directives 92/50/EEC, 93/36/EEC and 93/37/EEC;

(6) Whereas, when contracts are awarded by contracting authorities within the meaning of the Agreement, the opportunities for access to public service, public supply and public works contracts available pursuant to the Treaty to undertakings and products from the Member States must be at least as favourable as the conditions of access to public contracts within the Community accorded pursuant to the arrangements contained in the Agreement to undertakings and products from third countries which are signatories to the Agreement;

(7) Whereas it is therefore necessary to adapt and supplement the provisions of Directives 92/50/EEC, 93/36/EEC and 93/37/EEC;

(8) Whereas the application of these Directives must be simplified and the balance which has been reached in the current Community legislation in the field of public procurement must be maintained as far as possible;

(9) Whereas it is therefore necessary to extend the applicability of certain of the adaptations of Directive 92/50/EEC to all the services covered by this Directive;

(10) Whereas the rules contained in Article VI (4) of the Agreement, whereby contracting authorities shall not seek or accept, in a manner which would have the effect of precluding competition, advice which may be used in the preparation of specifications for a specific procurement from a firm that may have a commercial interest in the procurement, are implicit in Article 3 (2) of Directive 92/50/EEC, Article 5 (7) of Directive 93/36/EEC and Article 6 (6) of Directive 93/37/EEC; whereas therefore it is superfluous to amend these Directives to that effect,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Without prejudice to the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, which defines the arrangements applicable to tenderers and products from signatory third countries and the current scope of which does not, in the case of Directive 92/50/EEC, include service contracts listed in Annex I B thereto, research and development (R& D) service contracts mentioned in category 8 of Annex I A thereto, telecommunications service contracts mentioned in category 5 of Annex I A thereto, the common product classification (CPC) references of which are 7524, 7525 and 7526, and financial service contracts mentioned in category 6 of Annex I A thereto in connection with the issue, purchase, sale or transfer of securities or other financial instruments, and central bank services, Directive 92/50/EEC is hereby amended as follows:

1. In Article 7:

(a) paragraphs 1 and 2 shall be replaced by the following:

'1. (a) This Directive shall apply to:

- public service contracts referred to in Article 3 (3), public service contracts concerning the services referred to in Annex I B, the services in category 8 in Annex I A and the telecommunications services in category 5 of Annex I A under CPC references 7524, 7525 and 7526, awarded by the contracting authorities referred to in Article 1 (b), where the estimated net value of value-added tax (VAT) is not less than ECU 200 000,

- public service contracts concerning the services referred to in Annex I A with the exception of the services in category 8 and the telecommunications services in category 5 under CPC references 7524, 7525 and 7526:

(i) awarded by the contracting authorities listed in Annex I to Directive 93/36/EEC where the estimated value net of VAT is not less than the equivalent in ecus of 130 000 special drawing rights (SDRs);

(ii) awarded by the contracting authorities listed in Article 1 (b) other than those referred to in Annex I to Directive 93/36/EEC and where the estimated value net of VAT is not less than the equivalent in ecus of 200 000 SDRs.

(b) The value in ecus and in national currencies of the thresholds laid down in subparagraph (a) shall, in principle, be revised every two years with effect from 1 January 1996. The calculation of these values shall be based on the average daily values of these currencies expressed in ecus and of the ecus expressed in SDRs over the 24 months terminating on the last day of August preceding the 1 January revision.

The method of calculation laid down in this subparagraph shall be reviewed, on a proposal from the Commission, by the advisory Committee for Public Procurement, in principle two years after its initial application.

(c) The thresholds laid down in subparagraph (a) and the values of the thresholds expressed in ecus and in national currencies shall be published in the Official Journal of the European Communities at the beginning of the month of November which follows the revision laid down in the first paragraph of subparagraph (b).

2. For the purposes of calculating the estimated value of the contract, the contracting authority shall include the estimated total remuneration of the service provider, taking account of the provisions of paragraphs 3 to 7.`

(b) Paragraph 8 shall be repealed.

2. Article 12 (1) and (2) shall be replaced by the following:

'1. The contracting authority shall, within 15 days of the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender, and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

However, contracting authorities may decide that certain information on the contract award, referred to in the first subparagraph be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between service providers.

2. Contracting authorities shall promptly inform candidates and tenderers of the decisions taken on contract awards, including the reasons why they have decided not to award to a contract for which there has been an invitation to tender or to start the procedure again and, shall do so in writing if required. They shall also inform the Office for Official Publications of the European Communities of such decisions.`

3. Article 13 (1) and (2) shall be replaced by the following:

'1. This Article shall apply to design contests organized as part of a procedure leading to the award of a service contract whose estimated value net of VAT is not less than:

- the threshold laid down in the first indent of Article 7 (1) (a), as regards the services referred to in Annex I B, the services in category 8 in Annex I A and the telecommunications services in category 5 of Annex I A under CPC references 7524, 7525 and 7526, awarded by the contracting authorities referred to in Article 1 (b), or

- the threshold laid down in (i) of the second indent of Article 7 (1) (a), as regards the services referred to in Annex I A with the exception of the services in category 8 and the telecommunications services in category 5 under CPC refernces 7524, 7525 and 7526, awarded by the contracting authorities listed in Annex I to Directive 93/36/EEC, or

- the threshold laid down in (ii) of the second indent of Article 7 (1) (a), as regards the services referred to in Annex I A with the exception of the services in category 8 and the telecommunications services in category 5 under CPC references 7524, 7525 and 7526, awarded by the contracting authorities listed in Article 1 (b) other than those referred to in Annex I to Directive 93/36/EEC.

2. This Article shall apply to all design contests where the total amount of contest prizes and payments to participants is not less than:

- the threshold laid down in Article 7 (1) (a), first indent, as regards the services referred to in Annex I B, the services in category 8 in Annex I A and the telecommunications services in category 5 of Annex I A under CPC references 7524, 7525 and 7526, awarded by the contracting authorities referred to in Article 1 (b), or

- the threshold laid down in (i) of the second indent of Article 7 (1) (a), as regards the services referred to in Annex I A with the exception of the services in category 8 and the telecommunications services in category 5 under CPC references 7524, 7525 and 7526, awarded by the contracting authorities listed in Annex I to Directive 93/36/EEC, or

- the threshold laid down in (ii) of the second indent of Article 7 (1) (a), as regards the services referred to in Annex I A with the exception of the services in category 8 and the telecommunications services in category 5 under CPC references 7524, 7525 and 7526, awarded by the contracting authorities listed in Article 1 (b) other than those referred to in Annex I to Directive 93/36/EEC.`

4. Article 18 (2) shall be replaced by the following:

'2. The time limit for receipt of tenders laid down in paragraph 1 may be replaced by a period sufficiently long to permit responsive tendering, which, as a general rule, shall be not less than 36 days and in any case not less than 22 days, from the date on which the contract notice was dispatched, if the contracting authorities have sent the indicative notice provided for in Article 15 (1) drafted in accordance with the model in Annex III A (Prior information) to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 15 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model notice in Annex III B (Open procedure) as was available at the time of publication of the notice.`

5. Article 19 (4) shall be replaced by the following:

'4. The time limit for receipt of tenders laid down in paragraph 3 may be reduced to 26 days if the contracting authorities have sent the indicative notice provided for in Article 15 (1) drafted in accordance with the model in Annex III A (Prior information) to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 15 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model in Annex III C (Restricted procedure) or, where applicable, Annex III D (Negotiated procedure) as was available at the time of publication of the notice.`

6. In Article 23, the existing wording shall become paragraph 1 and the following paragraph shall be added:

'2. Tenders shall be submitted in writing, directly or by mail. Member States may authorize the submission of tenders by any other means making it possible to ensure:

- that each tender contains all the information necessary for its evaluation,

- that the confidentiality of tenders is maintained pending their evaluation,

- that, where necessary, for reasons of legal proof, such tenders are confirmed as soon as possible in writing or by dispatch of a certified copy,

- that tenders are opened after the time limit for their submission has expired.`

7. The following Article shall be inserted:

'Article 38a

For the purposes of the award of public contracts by contracting authorities, Member States shall apply in their relations conditions as favourable as those which they grant to third countries in implementation of the Agreement on government procurement, concluded in the framework of the Uruguay Round multilatertal negotiations (*), hereinafter referred to as "the Agreement". Member States shall to this end consult each other within the Advisory Committee for Public Contracts on the measures to be taken pursuant to the Agreement.

(*) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ No L 336, 23. 12. 1994, p. 1).`

8. Article 39 shall be replaced by the following:

'Article 39

1. In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report on the service contracts awarded by contracting authorities during the preceding year not later than 31 October 1997 and thereafter not later than 31 October each year.

2. This report shall detail at least:

(a) in the case of contracting authorities listed in Annex I to Directive 93/36/EEC:

- the estimated overall value of contracts awarded below the threshold by each contracting authority,

- the number and value of contracts awarded above the threshold by each contracting authority, subdivided as far as possible by procedure, category of service according to the nomenclature used in Annex I and the nationality of the service provider to whom the contract has been awarded and, in the case of negotiated procedures, subdivided in accordance with Article 11, listing the number and value of contracts awarded to each Member State and to third countries;

(b) in the case of all other contracting authorities subject to this Directive, for each category of contracting authority, the number and value of contracts awarded above the threshold, subdivided, as far as possible, by procedure, category of service according to the nomenclature used in Annex I and the nationality of the service provider to whom the contract has been awarded and, in the case of negotiated procedures, subdivided in accordance with Article 11, listing the number and value of contracts awarded to each Member State and to third countries;

(c) in the case of contracting authorities listed in Annex I to Directive 93/36/EEC, the number and total value of contracts awarded by each contracting authority pursuant to derogations to the Agreement; in the case of all other contracting authorities subject to this Directive, the total value of contracts awarded by each category of contracting authority pursuant to derogations to the Agreement;

(d) any other statistical information, to be determined pursuant to the procedure provided for in Article 40 (3), which is required in accordance with the Agreement.

The statistical information required pursuant to this paragraph shall not concern contracts having as their object services listed in category 8 of Annex I A, the telecommunications services in category 5 of Annex I A, under CPC references 7524, 7525 and 7526, or the services listed in Annex I B, provided that their estimated value, net of VAT, is less than ECU 200 000.

3. The Commission shall determine, in accordance with the procedure laid down in Article 40 (3), the nature of any statistical information required pursuant to this Directive.`

9. Annex III shall be replaced by the text set out in Annex II to this Directive.

Article 2

Directive 93/36/EEC is hereby amended as follows:

1. In Article 5:

(a) paragraph 1 shall be replaced by the following:

'1. (a) Titles II, III and IV and Articles 6 and 7 shall apply to public supply contracts awarded by:

(i) the contracting authorities referred to in Article 1 (b), including contracts awarded by the contracting authorities listed in Annex I in the field of defence in so far as products not covered by Annex II are concerned, where the estimated value net of value-added tax (VAT) is not less than the equivalent in ecus of 200 000 special drawing rights (SDRs);

(ii) the contracting authorities listed in Annex I whose estimated value net of VAT is not less than the equivalent in ecus of 130 000 SDRs; in the case of contracting authorities in the field of defence, this shall apply only to contracts involving products covered by Annex II.

(b) This Directive shall apply to public supply contracts whose estimated value equals or exceeds the threshold concerned at the time of publication of the notice in accordance with Article 9 (2).

(c) The value in ecus and in national currencies of the thresholds laid down in subparagraph (a) shall, in principle, be revised every two years with effect from 1 January 1996. The calculation of these values shall be based on the average daily values of these currencies expressed in ecus and of the ecu expressed in SDRs over the 24 months terminating on the last day of August immediately preceding the 1 January revision.

The method of calculation laid down in this subparagraph shall be reviewed, on a proposal from the Commission, by the Advisory Committee for Public Contracts, in principle two years after its initial application.

(d) The thresholds laid down in subparagraph (a) and the values of the thresholds expressed in ecus and in national currencies shall be published in the Official Journal of the European Communities at the beginning of the month of November which follows the revision laid down in the first paragraph of subparagraph (c).`

(b) The following paragraph shall be added:

'7. Contracting authorities shall ensure that there is no discrimination between the various suppliers.`

2. Article 7 (1) and (2) shall be replaced by the following:

'1. The contracting authority shall, within 15 days of the date on which the request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

However, contracting authorities may decide that certain information on the contract award, referred to in the preceding subparagraph, shall be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between suppliers.

2. Contracting authorities shall promptly inform candidates and tenderers of the decisions taken on contract awards, including the reasons why they have decided not to award a contract for which there has been an invitation to tender or to start the procedure again, and shall do so in writing if requested. They shall also inform the Office for Official Publications of the European Communities of such decisions.`

3. The following paragraph shall be inserted in Article 10:

'1a. The time limit for receipt of tenders laid down in paragraph 1 may be replaced by a period sufficiently long to permit responsive tendering, which, as a general rule, shall be not less than 36 days and in any case not less than 22 days, from the date on which the contract notice was dispatched, if the contracting authorities have sent the indicative notice provided for in Article 9 (1), drafted in accordance with the model in Annex IV A (Prior information), to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 9 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model notice in Annex IV B (Open procedure) as was available at the time of publication of the notice.`

4. The following paragraph shall be inserted in Article 11:

'3a. The time limit for receipt of tenders laid down in paragraph 3 may be reduced to 26 days if the contracting authorities have sent the indicative notice provided for in Article 9 (1), drafted in accordance with the model in Annex IV A (Prior information), to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 9 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model in Annex IV C (Restricted procedure), or, where applicable, Annex IV D (Negotiated procedure) as was available at the time of publication of the notice.`

5. The following paragraph shall be added to Article 15:

'3. Tenders shall be submitted in writing, directly or by mail. Member States may authorize the submission of tenders by any other means making it possible to ensure:

- that each tender contains all the information necessary for its evaluation,

- that the confidentiality of tenders is maintained pending their evaluation,

- that, where necessary, for reasons of legal proof, such tenders are confirmed as soon as possible in writing or by dispatch of a certified copy,

- that tenders are opened after the time limit for their submission has expired.`

6. Article 29 shall be replaced by the following:

'Article 29

1. The Commission shall examine the application of this Directive in consultation with the Advisory Committee for Public Contracts and where appropriate shall submit new proposals to the Council with the aim in particular of harmonizing the measures taken by the Member States for the implementation of this Directive.

2. The Commission shall review this Directive and any new measures which may be adopted by virtue of paragraph 1, having regard to the results of the further negotiations provided for in Article XXIV (7) of the Agreement on Government Procurement, concluded in the framework of the Uruguay Round multilateral negotiations (*), hereinafter referred to as 'the Agreement`, and shall, if necessary, submit appropriate proposals to the Council.

3. The Commission shall update Annex I, in accordance with the procedure laid down in Article 32 (2), on the basis of any rectifications, modifications or amendments made thereto and shall have the updated version published in the Official Journal of the European Communities.

(*) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ No L 336, 23. 12. 1994, p. 1).`

7. Article 31 shall be replaced by the following:

'Article 31

1. In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report on the supply contracts awarded by contracting authorities during the preceding year, not later than 31 October 1996 and, in respect of the contracting authorities not listed in Annex I, not later than 31 October 1997 and thereafter not later than 31 October of each year.

2. The statistical report shall detail at least:

(a) in the case of contracting authorities listed in Annex I:

- the estimated overall value of contracts awarded below the threshold by each contracting authority,

- the number and value of contracts awarded above the threshold by each contracting authority, subdivided as far as possible by procedure, category of product according to the nomenclature referred to in Article 9 (1) and the nationality of the supplier to whom the contract has been awarded and, in the case of negotiated procedures, subdivided in accordance with Article 6, listing the number and value of contracts awarded to each Member State and to third countries;

(b) in the case of all other contracting authorities subject to this Directive, for each category of contracting authority, the number and value of contracts awarded above the threshold, subdivided, as far as possible, by procedure, category of product according to the nomenclature referred to in Article 9 (1) and the nationality of the supplier to whom the contract has been awarded, subdivided in accordance with Article 6, listing the number and value of the contracts awarded to each Member State and to third countries;

(c) in the case of contracting authorities listed in Annex I, the number and total value of contracts awarded by each contracting authority pursuant to derogations to the Agreement; in the case of all other contracting authorities subject to this Directive, the total value of contracts awarded by each category of contracting authority pursuant to derogations to the Agreement;

(d) any other statistical information, to be determined pursuant to the procedure provided for in Article 32 (2), which is required in accordance with the Agreement.

3. The Commission shall determine, in accordance with the procedure laid down in Article 32 (2), the nature of any statistical information required pursuant to this Directive.`

8. Annex I shall be replaced by the text in Annex I to this Directive and Annex IV by that in Annex III to this Directive.

Article 3

Directive 93/37/EEC is hereby amended as follows:

1. In Article 6:

(a) paragraphs 1 and 2 shall be replaced by the following:

'1. This Directive shall apply to:

(a) public works contracts whose estimated value net of value-added tax (VAT) is not less than the equivalent in ecus of 5 000 000 special drawing rights (SDRs);

(b) public works contracts referred to in Article 2 (1) whose estimated value net of VAT is not less than ECU 5 000 000.

2. (a) The value in ecus and in national currencies of the threshold laid down in paragraph 1 shall in principle be revised every two years with effect from 1 January 1996. The calculation of this value shall be based on the average daily values of the ecu expressed in SDRs and of the national currencies expressed in ecus over the 24 months terminating on the last day of August preceding the 1 January revision.

The threshold laid down in paragraph 1 and the value of the threshold expressed in ecus and in national currencies shall be published in the Official Journal of the European Communities at the beginning of the month of November which follows the abovementioned revision.

(b) The method of calculation laid down in subparagraph (a) shall be reviewed, on a proposal from the Commission, by the Advisory Committee for Public Contracts, in principle two years after its initial application.`

(b) The following new paragraph shall be added:

'6. Contracting authorities shall ensure that there is no discrimination between the various contractors.`

2. Article 8 (1) and (2) shall be replaced by the following:

'1. The contracting authority shall, within 15 days of the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of this application or his tender, and, any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

However, contracting authorities may decide that certain information on the contract award, referred to in the preceding subparagraph, be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between contractors.

2. Contracting authorities shall promptly inform candidates and tenderers of the decisions taken on contract awards, including the reasons why they have decided not to award a contract for which there has been an invitation to tender or to start the procedure again, and shall do so in writing if requested. They shall also inform the Office for Official Publications of the European Communities of such decisions.`

3. Article 12 (2) shall be replaced by the following:

'2. The time limit for receipt of tenders laid down in paragraph 1 may be replaced by a period sufficiently long to permit responsive tendering, which, as a general rule, shall be not less than 36 days and in any case not less than 22 days, from the date on which the contract notice was dispatched, if the contracting authorities have sent the indicative notice provided for in Article 11 (1), drafted in accordance with the model in Annex IV A (Prior information), to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 11 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model notice in Annex IV B (Open procedure) as was available at the time of publication of the notice.`

4. Article 13 (4) shall be replaced by the following:

'4. The time limit for receipt of tenders laid down in paragraph 3 may be reduced to 26 days if the contracting authorities have sent the indicative notice provided for in Article 11 (1) drafted in accordance with the model in Annex IV A (Prior information) to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 11 (2) was dispatched to the Official Journal of the European Communities, provided that the indicative notice contained, in addition, at least as much of the information referred to in the model notice in Annex IV C (Restricted procedure), or, where applicable, Annex IV D (Negotiated procedure) as was available at the time of publication of the notice.`

5. In Article 18, the existing text shall become paragraph 1 and the following paragraph shall be added:

'2. Tenders shall be submitted in writing, directly or by mail. Member States may authorize the submission of tenders by any other means making it possible to ensure:

- that each tender contains all the information necessary for its evaluation,

- that the confidentiality of tenders is maintained pending their evaluation,

- that, where necessary, for reasons of legal proof, such tenders are confirmed as soon as possible in writing or by dispatch of a certified copy,

- that tenders are opened after the time limit for their submission has expired.`

6. The following Article shall be inserted:

'Article 33a

For the purposes of the award of public contracts by contracting authorities, Member States shall apply in their relations conditions as favourable as those which they grant to third countries in implementation of the Agreement on government procurement, concluded in the framework of the Uruguay Round multilateral negotiations (*), hereinafter referred to as "the Agreement". Member States shall to this end consult each other within the Advisory Committee for Public Contracts on the measures to be taken pursuant to the Agreement.

(*) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ No L 336, 23. 12. 1994, p. 1).`

7. Article 34 shall be replaced by the following:

'Article 34

1. In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report on the works contracts awarded by contracting authorities during the preceding year, not later than 31 October 1997 and thereafter not later than 31 October of each year.

2. The statistical report shall detail at least:

(a) in the case of contracting authorities listed in Annex I to Directive 93/36/EEC:

- the estimated overall value of contracts awarded below the threshold by each contracting authority,

- the number and value of contracts awarded above the threshold, by each contracting authority subdivided as far as possible by procedure, category of work according to the nomenclature used in Annex II and the nationality of the contractor to whom the contract has been awarded, and in the case of negotiated procedures, subdivided in accordance with Article 7, listing the number and value of the contracts awarded to each Member State and to third countries;

(b) in the case of all other contracting authorities subject to this Directive, for each category of contracting authority, the number and value of contracts awarded above the threshold, subdivided, as far as possible, by procedure, category of work according to the nomenclature used in Annex II and the nationality of the contractor to whom the contract has been awarded and, in the case of negotiated procedures, subdivided in accordance with Article 7, listing the number and value of the contracts awarded to each Member State and to third countries;

(c) in the case of contracting authorities listed in Annex I to Directive 93/36/EEC, the number and total value of contracts awarded by contracting authorities pursuant to derogations to the Agreement; in the case of all other contracting authorities subject to this Directive, the total value of contracts awarded by each category of contracting authority pursuant to derogations to the Agreement;

(d) any other statistical information, to be determined pursuant to the procedure provided for in Article 35 (3), which is required in accordance with the Agreement.

3. The Commission shall determine, in accordance with the procedure laid down in Article 35 (3), the nature of any statistical information required pursuant to this Directive.`

8. Annex IV shall be replaced by the text set out in Annex IV to this Directive.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by . . . (8*). They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive and a correlation table between this Directive and the national provisions adopted.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 138, 3. 6. 1995, p. 1.

(2) OJ No C 256, 2. 10. 1995, p. 4 and OJ No C 212, 22. 7. 1996, p. 13.

(3) Opinion of the European Parliament of 29 February 1996 (OJ No C 78, 18. 3. 1996, p. 18), Council common position of 20 December 1996 (not yet published in the Official Journal) and Decision of the European Parliament . . . (not yet published in the Official Journal).

(4) OJ No L 336, 23. 12. 1994, p. 1.

(5) Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures for the award of public service contracts (OJ No L 209, 24. 7. 1992, p. 1). Directive as last amended by the 1994 Act of Accession.

(6) Council Directive 93/36/EEC of 14 June 1993, coordinating procedures for the award of public supply contracts (OJ No L 199, 9. 8. 1993, p. 1). Directive as last amended by the 1994 Act of Accession.

(7) Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ No L 199, 9. 8. 1993, p. 54). Directives as last amended by the 1994 Act of Accession.

(8*) Twelve months after the date of its adoption.

ANNEX I

'ANNEX I

LIST OF CONTRACTING AUTHORITIES SUBJECT TO THE AGREEMENT IN ACCORDANCE WITH ANNEX I THERETO (CENTRAL GOVERNMENT AUTHORITIES)

BELGIUM

A. - L'État Fédéral:

- Services du Premier ministre

- Ministère des affaires économiques

- Ministère des affaires étrangères, du commerce extérieur et de la Coopération au développement

- Ministère de l'agriculture

- Ministère des classes moyennes

- Ministère des communications et de l'infrastructure

- Ministère de la défense nationale (1)

- Ministère de l'emploi et du travail

- Ministère des finances

- Ministère de l'intérieur et de la fonction publique

- Ministère de la justice

- Ministère de la santé publique et de l'environnement

- la poste (2)

- la Régie des bâtiments

- le Fonds des routes

B. - L'Office national de sécurité sociale

- L'Institut national d'assurances sociales pour travailleurs indépendants

- L'Institut national d'assurances maladie-invalidité

- L'Office national des pensions

- La Caisse auxiliaire d'assurance maladie-invalidité

- Le Fonds des maladies professionnelles

- L'Office national de l'emploi

(1) Non-warlike materials contained in Annex II.

(2) Postal business covered by the Law of 24 December 1993.

DENMARK

>TABLE>

FEDERAL REPUBLIC OF GERMANY

List of the central purchasing entities

1. Federal Foreign Office

2. Federal Ministry of Labour and Social Affairs

3. Federal Ministry of Education and Science

4. Federal Ministry for Food, Agriculture and Forestry

5. Federal Ministry of Finance

6. Federal Ministry for Research and Technology

7. Federal Ministry of the Interior (civil goods only)

8. Federal Ministry of Health

9. Federal Ministry for Women and Youth

10. Federal Ministry for Family Affairs and Senior Citizens

11. Federal Ministry of Justice

12. Federal Ministry for Regional Planning, Building and Urban Development

13. Federal Ministry of Post and Telecommunications (1)

14. Federal Ministry of Economic Affairs

15. Federal Ministry for Economic Cooperation

16. Federal Ministry of Defence (2)

17. Federal Ministry of Environment, Nature Conservation and Reactor Safety

Note

Under existing national arrangements, the bodies included in this list must, following special procedures, award contracts to certain groups in order to remove the difficulties caused by the last war.

(1) With the exception of telecommunications equipment.

(2) Non-warlike materials contained in Annex II.

SPAIN

List of entities

1. Ministerio de Asuntos Exteriores

2. Ministerio de Justicia

3. Ministerio de Defensa (1)

4. Ministerio de Economía y Hacienda

5. Ministerio del Interior

6. Ministerio de Obras Públicas, Transportes y Medio Ambiente

7. Ministerio de Educación y Ciencia

8. Ministerio de Trabajo y Seguridad Social

9. Ministerio de Industria y Energía

10. Ministerio de Agricultura, Pesca y Alimentación

11. Ministerio de la Presidencia

12. Ministerio para las Administraciones Públicas

13. Ministerio de Cultura

14. Ministerio de Comercio y Turismo

15. Ministerio de Sanidad y Consumo

16. Ministerio de Asuntos Sociales

(1) Non-warlike materials contained in Annex II.

FRANCE

1. Main purchasing entities

A. Budget général

- Services du Premier ministre

- Ministère des affaires sociales, de la santé et de la ville

- Ministère de l'intérieur et de l'aménagement du territoire

- Ministère de la justice

- Ministère de la défense

- Ministère des affaires étrangères

- Ministère de l'éducation nationale

- Ministère de l'économie

- Ministère de l'industrie, des postes et télécommunications et du commerce extérieur

- Ministère de l'équipement, des transports et du tourisme

- Ministère des entreprises et du développement économique, chargé des petites et moyennes entreprises et du commerce et de l'artisanat

- Ministère du travail, de l'emploi et de la formation professionnelle

- Ministère de la culture et de la francophonie

- Ministère du budget

- Ministère de l'agriculture et de la pêche

- Ministère de l'enseignement supérieur et de la recherche

- Ministère de l'environnement

- Ministère de la fonction publique

- Ministère du logement

- Ministère de la coopération

- Ministère des départements et territoires d'outre-mer

- Ministère de la jeunesse et des sports

- Ministère de la communication

- Ministère des anciens combattants et victimes de guerre

B. Budget annexe

On peut notamment signaler:

- Imprimerie nationale

C. Comptes spéciaux du Trésor

On peut notamment signaler:

- Fonds forestier national

- Soutien financier de l'industrie cinématographique et de l'industrie des programmes audiovisuels

- Fonds national d'aménagement foncier et d'urbanisme

- Caisse autonome de la reconstruction

2. National public administrative bodies

- Académie de France à Rome

- Académie de marine

- Académie des sciences d'outre-mer

- Agence centrale des organismes de sécurité sociale (ACOSS)

- Agences financières de bassins

- Agence nationale pour l'amélioration des conditions de travail (ANACT)

- Agence nationale pour l'amélioration de l'habitat (ANAH)

- Agence nationale pour l'emploi (ANPE)

- Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)

- Assemblée permanente des chambres d'agriculture (APCA)

- Bibliothèque nationale

- Bibliothèque nationale et universitaire de Strasbourg

- Bureau d'études des postes et télécommunications d'outre-mer (BEPTOM)

- Caisse des dépôts et consignations

- Caisse nationale des allocations familiales (CNAF)

- Caisse nationale d'assurance maladie des travailleurs salariés (CNAM)

- Caisse nationale d'assurance-vieillesse des travailleurs salariés (CNAVTS)

- Caisse nationale des autoroutes (CNA)

- Caisse nationale militaire de sécurité sociale (CNMSS)

- Caisse nationale des monuments historiques et des sites

- Caisse nationale des télécommunications (1)

- Caisse de garantie du logement social

- Casa de Velasquez

- Centre d'enseignement zootechnique de Rambouillet

- Centre d'études du milieu et de pédagogie appliquée du ministère de l'agriculture

- Centre d'études supérieures de sécurité sociale

- Centres de formation professionnelle agricole

- Centre national d'art et de culture Georges Pompidou

- Centre national de la cinématographie française

- Centre national d'études et de formation pour l'enfance inadaptée

- Centre national d'études et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts

- Centre national et de formation pour l'adaptation scolaire et l'éducation spécialisée (CNEFASES)

- Centre national de formation et de perfectionnement des professeurs d'enseignement ménager agricole

- Centre national des lettres

- Centre national de documentation pédagogique

- Centre national des oeuvres universitaires et scolaires (CNOUS)

- Centre national d'ophthalmologie des quinze-vingts

- Centre national de préparation au professorat de travaux manuels éducatifs et d'enseignement ménager

- Centre national de promotion rurale de Marmilhat

- Centre national de la recherche scientifique (CNRS)

- Centre régional d'éducation populaire d'Ile de France

- Centres d'éducation populaire et de sport (CREPS)

- Centres régionaux des oeuvres universitaires (CROUS)

- Centres régionaux de la propriété forestière

- Centre de sécurité sociale des travailleurs migrants

(1) Postal services only.

- Chancelleries des universités

- Collège de France

- Commission des opérations de bourse

- Conseil supérieur de la pêche

- Conservatoire de l'espace littoral et des rivages lacustres

- Conservatoire national des arts et métiers

- Conservatoire national supérieur de musique

- Conservatoire national supérieur d'art dramatique

- Domaine de Pompadour

- École centrale - Lyon

- École centrale des arts et manufactures

- École française d'archéologie d'Athènes

- École française d'Extrême-Orient

- École française de Rome

- École des hautes études en sciences sociales

- École nationale d'administration

- École nationale de l'aviation civile (ENAC)

- École nationale des Chartes

- École nationale d'équitation

- École nationale du génie rural des eaux et des forêts (ENGREF)

- Écoles nationales d'ingénieurs

- École nationale d'ingénieurs des industries des techniques agricoles et alimentaires

- Écoles nationales d'ingénieurs des travaux agricoles

- École nationale des ingénieurs des travaux ruraux et des techniques sanitaires

- École nationale des ingénieurs des travaux des eaux et forêts (ENITEF)

- École nationale de la magistrature

- Écoles nationales de la marine marchande

- École nationale de la santé publique (ENSP)

- École nationale de ski et d'alpinisme

- École nationale supérieure agronomique - Montpellier

- École nationale supérieure agronomique - Rennes

- École nationale supérieure des arts décoratifs

- École nationale supérieure des arts et industries - Strasbourg

- École nationale supérieure des arts et industries textiles - Roubaix

- Écoles nationales supérieures d'arts et métiers

- École nationale supérieure des beaux-arts

- École nationale supérieure des bibliothécaires

- École nationale supérieure de céramique industrielle

- École nationale supérieure de l'électronique et de ses applications (ENSEA)

- École nationale supérieure d'horticulture

- École nationale supérieure des industries agricoles alimentaires

- École nationale supérieure du paysage (rattachée à l'école nationale supérieure d'horticulture)

- École nationale supérieure des sciences agronomiques appliquées (ENSSA)

- Écoles nationales vétérinaires

- École nationale de voile

- Écoles normales d'instituteurs et d'institutrices

- Écoles normales nationales d'apprentissage

- Écoles normales supérieures

- École polytechnique

- École technique professionelle agricole et forestière de Meymac (Corrèze)

- École de sylviculture - Crogny (Aube)

- École de viticulture et d'oenologie de la Tour Blanche (Gironde)

- École de viticulture - Avize (Marne)

- Établissement national de convalescents de Saint-Maurice

- Établissement national des invalides de la marine (ENIM)

- Établissement national de bienfaisance Koenigs-Wazter

- Fondation Carnegie

- Fondation Singer-Polignac

- Fonds d'action sociale pour les travailleurs immigrés et leurs familles

- Hôpital-hospice national Dufresne-Sommeiller

- Institut de l'élevage et de médecine vétérinaire des pays tropicaux (IEMVPT)

- Institut français d'archéologie orientale du Caire

- Institut géographique national

- Institut industriel du Nord

- Institut international d'administration publique (IIAP)

- Institut national agronomique de Paris-Grignon

- Institut national des appellations d'origine des vins et eaux-de-vie (INAOVEV)

- Institut national d'astronomie et de géophysique (INAG)

- Institut national de la consommation (INC)

- Institut national d'éducation populaire (INEP)

- Institut national d'études démographiques (INED)

- Institut national des jeunes aveugles - Paris

- Institut national des jeunes sourds - Bordeaux

- Institut national des jeunes sourds - Chambéry

- Institut national des jeunes sourds - Metz

- Institut national des jeunes sourds - Paris

- Institut national de physique nucléaire et de physique des particules (I.N2.P3)

- Institut national de promotion supérieure agricole

- Institut national de la propriété industrielle

- Institut national de la recherche agronomique (INRA)

- Institut national de recherche pédagogique (INRP)

- Institut national de la santé et de la recherche médicale (INSERM)

- Institut national des sports

- Instituts nationaux polytechniques

- Instituts nationaux des sciences appliquées

- Institut national supérieur de chimie industrielle de Rouen

- Institut national de recherche en informatique et en automatique (INRIA)

- Institut national de recherche sur les transports et leur sécurité (INRETS)

- Instituts régionaux d'administration

- Institut supérieur des matériaux et de la construction mécanique de Saint-Ouen

- Musée de l'armée

- Musée Gustave Moreau

- Musée de la marine

- Musée national J. J. Henner

- Musée national de la Légion d'Honneur

- Musée de la poste

- Muséum national d'histoire naturelle

- Musée Auguste Rodin

- Observatoire de Paris

- Office de coopération et d'accueil universitaire

- Office français de protection des réfugiés et apatrides

- Office national des anciens combattants

- Office national de la chasse

- Office national d'information sur les enseignements et les professions (ONISEP)

- Office national d'immigration (ONI)

- Institut français de recherche scientifique pour le développement en coopération (ORSTOM)

- Office universitaire et culturel français pour l'Algérie

- Palais de la découverte

- Parcs nationaux

- Réunion des musées nationaux

- Syndicat des transports parisiens

- Thermes nationaux - Aix-les-Bains

- Universités

3. Other national public bodies

- Union des groupements d'achats publics (UGAP)

GREECE

List of entities

1. Ministry of National Economy

2. Ministry of Education and Religion

3. Ministry of Commerce

4. Ministry of Industry, Energy and Technology

5. Ministry of Merchant Marine

6. Ministry to the Prime Minister

7. Ministry of the Aegean

8. Ministry of Foreign Affairs

9. Ministry of Justice

10. Ministry of the Interior

11. Ministry of Labour

12. Ministry of Culture and Sciences

13. Ministry of Environment, Planning and Public Works

14. Ministry of Finance

15. Ministry of Transport and Communications

16. Ministry of Health and Social Security

17. Ministry of Macedonia and Thrace

18. Army General Staff

19. Navy General Staff

20. Airforce General Staff

21. Ministry of Agriculture

22. General Secretariat for Press and Information

23. General Secretariat for Youth

24. General State Laboratory

25. General Secretariat for Further Education

26. General Secretariat of Equality

27. General Secretariat for Social Security

28. General Secretariat for Greeks Living Abroad

29. General Secretariat for Industry

30. General Secretariat for Research and Technology

31. General Secretariat for Sports

32. General Secretariat for Public Works

33. National Statistical Service

34. National Welfare Organization

35. Workers' Housing Organization

36. National Printing Office

37. Greek Atomic Energy Commission

38. Greek Highway Fund

39. University of Athens

40. University of the Aegean

41. University of Thessaloniki

42. University of Thrace

43. University of Ioannina

44. University of Patras

45. Polytechnic School of Crete

46. Sivitanidios Technical School

47. University of Macedonia

48. Eginitio Hospital

49. Areteio Hospital

50. National Centre of Public Administration

51. Hellenic Post (EL. TA.)

52. Public Material Management Organization

53. Farmers' Insurance Organization

54. School Building Organization

IRELAND

1. Main purchasing entities

Office of Public Works

2. Other departments

- President's Establishment

- Houses of the Oireachtas (Parliament)

- Department of the Taoiseach (Prime Minister)

- Office of the Tanaiste (Deputy Prime Minister)

- Central Statistics Office

- Department of Arts, Culture and the Gaeltacht

- National Gallery of Ireland

- Department of Finance

- State Laboratory

- Office of the Comptroller and Auditor General

- Office of the Attorney General

- Office of the Director of Public Prosecutions

- Valuation Office

- Civil Service Commission

- Office of the Ombudsman

- Office of the Revenue Commissioners

- Department of Justice

- Commissioners of Charitable Donations and Bequests for Ireland

- Department of the Environment

- Department of Education

- Department of the Marine

- Department of Agriculture, Food and Forestry

- Department of Enterprise and Employment

- Department of Trade and Tourism

- Department of Defence (1)

- Department of Foreign Affairs

- Department of Social Welfare

- Department of Health

- Department of Transport, Energy and Communications

(1) Non-warlike materials contained in Annex II.

ITALY

Purchasing entities

1. Ministry of the Treasury (1)

2. Ministry of Finance (2)

3. Ministry of Justice

4. Ministry of Foreign Affairs

5. Ministry of Education

6. Ministry of the Interior

7. Ministry of Public Works

8. Ministry for Coordination (International Relations and EC Agricultural Policies)

9. Ministry of Industry, Trade and Craft Trades

10. Ministry of Employment and Social Security

11. Ministry of Health

12. Ministry of Cultural Affairs and the Environment

13. Ministry of Defence (1)

14. Budget and Economic Planning Ministry

15. Ministry of Foreign Trade

16. Ministry of Posts and Telecommunications (3)

17. Ministry of the Environment

18. Ministry of University and Scientific and Technological Research

(1) Central purchasing entity for most of the other ministries or entities.

(2) Not including purchases made by the salt and tobacco monopolies.

(3) Postal services only.

LUXEMBOURG

1. Ministère d'État: Service central des imprimés et des fournitures de l'État

2. Ministère de l'agriculture: Administration des services techniques de l'agriculture

3. Ministère de l'éducation nationale: Lycées d'enseignement secondaire et d'enseignement secondaire technique

4. Ministère de la famille et de la solidarité sociale: maisons de retraite

5. Ministère de la force publique: Armée (1) - Gendarmerie - Police

6. Ministère de la justice: Établissements pénitentiaires

7. Ministère de la santé publique: Hôpital neuropsychiatrique

8. Ministère des travaux publics: bâtiments publics - Ponts et chaussées

9. Ministère des Communications: Centre informatique de l'État

10. Ministère de l'environnement: Commissariat général à la protection des eaux

(1) Non-warlike materials contained in Annex II.

THE NETHERLANDS

Ministries and central government bodies

1. Ministry of General Affairs - Ministerie van Algemene Zaken

- Advisory Council on Government Policy - Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid

- National Information Office - Rijksvoorlichtingsdienst

2. Ministry of the Interior - Ministerie van Binnenlandse Zaken

- Government Personnel Information System Service - Dienst Informatievoorziening Overheidspersoneel

- Redundancy Payment and Benefits Agency - Dienst Uitvoering Ontslaguitkeringsregelingen

- Public Servants Medical Expenses Agency - Dienst Ziektekostenvoorziening Overheidspersoneel

- RPD Advisory Service - RPD Advies

- Central Archives and Interdepartmental Text Processing - CAS/ITW

3. Ministry of Foreign Affairs and Directorate-General for Development Cooperation of the Ministry of Foreign Affairs - Ministerie van Buitenlandse Zaken en Ministerie voor Ontwikkelingssamenwerking

4. Ministry of Defence - Ministerie van Defensie (1)

- Directorate of material Royal Netherlands Navy - Directie materieel Koninklijke Marine

- Directorate of material Royal Netherlands Army - Directie materieel Koninklijke Landmacht

- Directorate of material Royal Netherlands Air Force - Directie materieel Koninklijke Luchtmacht

5. Ministry of Economic Affairs - Ministerie van Economische Zaken

- Economic Investigation Agency - Economische Controledienst

- Central Plan Bureau - Centraal Planbureau

- Netherlands Central Bureau of Statistics - Centraal Bureau voor de Statistiek

- Senter - Senter

- Industrial Property Office - Bureau voor de Industriële Eigendom

- Central Licensing Office for Import and Export - Centrale Dienst voor de In- en Uitvoer

- State Supervision of Mines - Staatstoezicht op de Mijnen

- Geological Survey of the Netherlands - Rijks Geologische Dienst

6. Ministry of Finance - Ministerie van Financiën

- State Property Department - Dienst der Domeinen

- Directorates of the State Tax Department - Directies der Rijksbelastingen

- State Tax Department/Fiscal Intelligence and Information Department - Belastingdienst/FIOD

- State Tax Department/Computer Centre - Belastingdienst/Automatiseringscentrum

- State Tax Department/Training - Belastingdienst/Opleidingen

7. Ministry of Justice - Ministerie van Justitie

- Education and Training Organization, Directorate General for the Protection of Young People and the care of Offenders - Opleidings- en vormingsorganisatie Directoraat-Generaal Jeugdbescherming en Delinquentenzorg

- Child Care and Protection Board - Raden voor de Kinderbescherming in de provincies

- State Institutions for Child care and Protection - Rijksinrichtingen voor de Kinderbescherming in de provincies

(1) Non-warlike materials contained in Annex II.

- Prisons - Penitentiaire inrichtingen in de provincie

- State Institutions for Persons Placed under Hospital Order - Rijksinrichtingen voor TBS - verpleging in de provincies

- Internal Facilities Service of the Directorate for Young Offenders and Young Peoples Institute - Dienst Facilitaire Zaken van de Directie Delinquentenzorg en Jeugdinrichtingen

- Legal Aid Department - Dienst Gerechtelijke Ondersteuning in de arrondissementen

- Central Collection Office for the Courts - Centraal Ontvangstkantoor der Gerechten

- Central Debt Collection Agency of the Ministry of Justice - Centraal Justitie Incassobureau

- National Criminal Investigation Department - Rijksrecherche

- Forensic Laboratory - Gerechtelijk Laboratorium

- National Police Services Force - Korps Landelijke Politiediensten

- District offices of the Immigration and Naturalization Service - Districtskantoren Immigratie- en Naturalisatiedienst

8. Ministry of Agriculture, Nature Management and Fisheries - Ministerie van Landbouw, Natuurbeheer en Visserij

- National Forest Service - Staatsbosbeheer

- Agricultural Research Service - Dienst Landbouwkundig Onderzoek

- Agricultural Extension Service - Dienst Landbouwvoorlichting

- Land Development Service - Landinrichtingsdienst

- National Inspection Service for Animals and Animal Protection - Rijksdienst voor de Keuring van Vee en Vlees

- Plant Protection Service - Plantenziektenkundige Dienst

- General Inspection Service - Algemene Inspectiedienst

- National Fisheries Research Institute - Rijksinstituut voor Visserijonderzoek

- Government Institute for Quality Control of Agricultural Products - Rijkskwaliteit Instituut voor Land- en Tuinbouwprodukten

- National Institute for Nature Management - Instituut voor Bos- en Natuuronderzoek

- Game Fund - Jachtfonds

9. Ministry of Education and Science - Ministerie van Onderwijs en Wetenschappen

- Royal Library - Koninklijke Bibliotheek

- Institute for Netherlands History - Instituut voor Nederlandse Geschiedenis

- Netherlands State Institute for War Documentation - Rijksinstituut voor Oorlogsdocumentatie

- Institute for Educational Research - Instituut voor Onderzoek van het Onderwijs

- National Institute for Curriculum Development - Instituut voor de Leerplan Ontwikkeling

10. Ministry of Social Affairs and Employment - Ministerie van Sociale Zaken en Werkgelegenheid

- Wages Inspection Service - Loontechnische dienst

- Inspectorate for Social Affairs and Employment - Inspectie en Informatie Sociale Zaken en Werkgelegenheid

- National Social Assistance Consultancies Services - Rijksconsulentschappen Sociale Zekerheid

- Steam Equipment Supervision Service - Dienst voor het Stoomwezen

- Conscientious Objectors Employment Department - Tewerkstelling erkend gewetensbezwaarden militaire dienst

- Directorate for Equal Opportunities - Directie Emancipatie

11. Ministry of Transport, Public Works and Water Management - Ministerie van Verkeer en Waterstaat

- Directorate-General for Transport - Directoraat-Generaal Vervoer

- Directorate-General for Public Works and Water Management - Directoraat-Generaal Rijkswaterstaat

- Directorate-General for Civil Aviation - Directoraat-Generaal Rijksluchtvaartdienst

- Telecommunications and Post Department - Hoofddirectie Telecommunicatie en Post

- Regional Offices of the Directorates-General and General Management, Inland Waterway Navigation Service - De regionale organisatie van de directoraten-generaal en de hoofddirectie Vaarwegmarkeringsdienst

12. Ministry of Housing, Physical Planning and Environment - Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer

- Directorate-General for Environment Management - Directoraat-Generaal Milieubeheer

- Directorate-General for Public Housing - Directoraat-Generaal van de Volkshuisvesting

- Government Buildings Agency - Rijksgebouwendienst

- National Physical Planning Agency - Rijksplanologische Dienst

13. Ministry of Welfare, Health and Cultural Affairs - Ministerie van Welzijn, Volksgezondheid en Cultuur

- Social and Cultural Planning Office - Sociaal en Cultureel Planbureau

- Inspectorate for Child and Youth Care and Protection Services - Inspectie Jeugdhulpverlening en Jeugdbescherming

- Medical Inspectorate of Health Care - Inspecties van het Staatstoezicht op de Volksgezondheid

- Cultural Castle Council - Rijksdienst Kastelenbeheer

- National Archives Department - Rijksarchiefdienst

- Department for the Conservation of Historic Buildings and Sites - Rijksdienst voor de Monumentenzorg

- National Institute of Public Health and Environmental Protection - Rijksinstituut voor Milieuhygiëne

- National Archeological Field Survey Commission - Rijksdienst voor het Oudheidkundig Bodemonderzoek

- Netherlands Office for Fine Arts - Rijksdienst Beeldende Kunst

14. Cabinet for Netherlands Antillean and Aruban Affairs - Kabinet voor Nederlands-Antilliaanse en Arubaanse zaken

15. Higher Colleges of State - Hogere Colleges van Staat

16. Council of State - Raad van State

17. Netherlands Court of Audit - Algemene Rekenkamer

18. National Ombudsman - Nationale Ombudsman

AUSTRIA

1. Bundeskanzleramt - Amtswirtschaftsstelle

2. Bundesministerium fuer auswaertige Angelegenheiten

3. Bundesministerium fuer Gesundheit und Konsumentenschutz

4. Bundesministerium fuer Finanzen

Amtswirtschaftsstelle

Abteilung VI/5 (EDV-Beschaffung des Bundesministeriums fuer Finanzen und des Bundesrechenamtes)

Abteilung III/1 (Beschaffung von technischen Geraeten, Einrichtungen und Sachguetern fuer die Zollwache)

5. Bundesministerium fuer Jugend und Familie - Amtswirtschaftsstelle

6. Bundesministerium fuer wirtschaftliche Angelegenheiten

7. Bundesministerium fuer Inneres

Abteilung I/5 (Amtswirtschaftsstelle)

EDV-Zentrum (Beschaffung von elektronischen Datenverarbeitungssystemen (Hardware))

Abteilung II/3 (Beschaffung von technischen Geraeten und Einrichtungen fuer die Bundespolizei)

Abteilung I/6 (Beschaffung von Sachguetern (other than those procured by Division II/3) fuer die Bundespolizei)

Abteilung IV/8 (Beschaffung von Fluggeraeten)

8. Bundesministerium fuer Justiz - Amtswirtschaftsstelle

9. Bundesministerium fuer Landesverteidigung (1)

10. Bundesministerium fuer Land- und Forstwirtschaft

11. Bundesministerium fuer Arbeit und Soziales - Amtswirtschaftsstelle

12. Bundesministerium fuer Unterricht und kulturelle Angelegenheiten

13. Bundesministerium fuer oeffentliche Wirtschaft und Verkehr

14. Bundesministerium fuer Wissenschaft, Forschung und Kunst

15. OEsterreichisches Statistisches Zentralamt

16. OEsterreichische Staatsdruckerei

17. Bundesamt fuer Eich- und Vermessungswesen

18. Bundesversuchs- und Forschungsanstalt-Arsenal (BVFA)

19. Bundesstaatliche Prothesenwerkstaetten

20. Austro Control GmbH - OEsterreichische Gesellschaft fuer Zivilluftfahrt mit beschraenkter Haftung

21. Bundespruefanstalt fuer Kraftfahrzeuge

22. Generaldirektion fuer die Post- und Telegraphenverwaltung (nur Postwesen)

23. Bundesministerium fuer Umwelt - Amtswirtschaftsstelle

(1) Non-warlike materials contained in Annex II.

PORTUGAL

Prime Minister's Office

Legal Centre

Centre for Studies and Training (Local Government)

Government Computer Network Management Centre

National Council for Civil Defence Planning

Permanent Council for Industrial Conciliation

Department for Vocational and Advanced Training

Ministerial Department with special responsibility for Macao

Ministerial Department responsible for Community Service by Conscientious Objectors

Institute for Youth

National Administration Institute

General-Secretariat, Prime Minister's Office

Secretariat for Administrative Modernization

Social Services, Prime Minister's Office

Ministry of Home Affairs

Directorate-General for Roads

Ministerial Department responsible for Studies and Planning

Civilian administrations

Customs Police

Republican National Guard

Police

General-Secretariat

Technical Secretariat for Electoral Matters

Customs and Immigration Department

Intelligence and Security Department

National Fire Service

Ministry of Agriculture

Control Agency for Community Aid to Olive Oil Production

Regional Directorate for Agriculture (Beira Interior)

Regional Directorate for Agriculture (Beira Litoral)

Regional Directorate for Agriculture (Entre Douro e Minho)

Regional Directorate for Agriculture (Trás-os-Montes)

Regional Directorate for Agriculture (Alentejo)

Regional Directorate for Agriculture (Algarve)

Regional Directorate for Agriculture (Ribatejo e Oeste)

General Inspectorate and Audit Office (Management Audits)

Viticulture Institute

National Agricultural Research Institute

Institute for the Regulation and Guidance of Agricultural Markets

Institute for Agricultural Structures and Rural Development

Institute for Protection of Agri-food Production

Institute for Forests

Institute for Agricultural Markets and Agri-Foods Industry

Secretariat-General

IFADAP (Financial Institute for the Development of Agriculture and Fishing) (1)

INGA (National Agricultural Intervention and Guarantee Institute) (1)

Ministry of the Environment and Natural Resources

Directorate-General for Environment

Institute for Environmental Promotion

Institute for the Consumer

Institute for Meteorology

General-Secretariat

Institute for Natural Conservancy

Ministerial Department for the Improvement of the Estoril Coast

Regional Directorates for Environment and Natural Resources

Water Institute

Ministry of Trade and Tourism

Commission responsible for the Application of Economic Penalties

Directorate-General for Competition and Prices

Directorate-General for Inspection (Economic Affairs)

Directorate-General for Tourism

Directorate-General for Trade

Tourism Fund

Ministerial Department responsible for Community Affairs

ICEP (Portuguese Foreign Trade Institute)

General Inspectorate for Gambling

National Institute for Training in Tourism

Regional Tourist Boards

General-Secretariat

Enatur (National Tourism Enterprise) - Public enterprise (1)

Ministry of Defence (2)

National Security Authority

National Council for Emergency Civil Planning

Directorate-General for Armaments and Defence Equipment

Directorate-General for Infrastructure

Directorate-General for Personnel

Directorate-General for National Defence Policy

General-Secretariat

Office of the Chief of Staff of the Armed Forces (2)

Administrative Council of the Office of the Chief of Staff of the Armed Forces

Commission of Maintenance of NATO Infrastructure

Executive Commission of NATO Infrastructure

Social Works of the Armed Forces

Office of the Chief of Staff, Airforce (2)

Airforce Logistics and Administrative Commando

General Workshop for Aeronautical Equipment

(1) Authority under joint Ministry of Finance and Ministry of Agriculture control.

(2) Non-warlike materials contained in Annex II.

Office of the Chief of Staff, Army (1)

Logistics Department

Directorate for Army Engineering

Directorate for Army Communications

Service Directorate for Fortifications and Army Works

Service Directorate for the Army Physical Education

Service Directorate Responsible for the Army Computer

Service Directorate for Intendancy

Service Directorate for Equipment

Service Directorate for Health

Directorate for Transport

Main Army Hospital

General Workshop of Uniforms and Equipment

General Workshop of Engineering Equipment

Bakery

Army Laboratory for Chemical and Pharmaceutical Products

Office of the Chief of Staff, Navy (1)

Directorate for Naval Facilities

Directorate-General for Naval Equipment

Directorate for Instruction and Training

Directorate of the Service of Naval Health

The Navy Hospital

Directorate for Supplies

Directorate for Transport

Directorate of the Service of Maintenance

Armed Computer Service

Continent Naval Commando

Açores Naval Commando

Madeira Naval Commando

Commando of Lisbon Naval Station

Army Centre for Physical Education

Administrative Council of Central Navy Administration

Naval War Height Institute

Directorate-General for the Navy

Directorate-General for Lighthouses and School for Lighthouse Keepers

The Hydrographic Institute

Vasco da Gama Aquarium

The Alfeite Arsenal

Ministry of Education

General-Secretariat

Department for Planning and Financial Management

Department for Higher Education

Department for Secondary Education

(1) Non-warlike materials contained in Annex II.

Department for Basic Education

Department for Educational Resources Management

General Inspectorate of Education

Bureau for the Launching and Coordination of the School Year

Regional Directorate for Education (North)

Regional Directorate for Education (Centre)

Regional Directorate for Education (Lisbon)

Regional Directorate for Education (Alentejo)

Regional Directorate for Education (Algarve)

Camões Institute

Institute for Innovation in Education Antonio Aurélio da Costa Ferreira

Institute for Sports

Department of European Affairs

Ministry of Education Press

Ministry of Employment and Social Security

National Insurance and Occupational Health Fund

Institute for Development and Inspection of Labour Conditions

Social Welfare Funds

Casa Pia de Lisboa (1)

National Centre for Pensions

Regional Social Security Centres

Commission on Equal Opportunity and Rights for Women

Statistics Department

Studies and Planning Department

Department of International Relations and Social Security Agreements

European Social Fund Department

Department of European Affairs and External Relations

Directorate-General for Social Works

Directorate-General for the Family

Directorate-General for Technical Support to Management

Directorate-General for Employment and Vocational Training

Directorate-General for Social Security Schemes

Social Security Financial Stabilization Fund

General Inspectorate for Social Security

Social Security Financial Management Institute

Employment and Vocational Training Institute

National Institute for Workers' Leisure Time

General-Secretariat

National Secretariat for Rehabilitation

Social Services

Santa Casa de Misericordia de Lisboa (1)

(1) Authority under joint control of the Ministry of Employment and Social Security and the Ministry of Health Control.

Ministry of Finance

ADSE (Directorate-General for the Protection of Civil Servants)

Legal Affairs Office

Directorate-General for Public Administration

Directorate-General for Public Accounts and General Budget Supervision

Directorate-General for the State Loans Board

Directorate-General for the Customs Service

Directorate-General for Taxation

Directorate-General for State Assets

Directorate-General for the Treasury

Ministerial Department responsible for Economic Studies

Ministerial Department responsible for European Affairs

GAFEEP (Ministerial Department responsible for Studies on the Funding of the State and Public Enterprises)

General Inspectorate for Finance

Institute for Information Technology

State Loans Board

General-Secretariat

SOFE (Social Services of the Ministry of Finance)

Ministry of Industry and Energy

Regional Delegation for Industry and Energy (Lisbon and Tagus Valley)

Regional Delegation for Industry and Energy (Alentejo)

Regional Delegation for Industry and Energy (Algarve)

Regional Delegation for Industry and Energy (Centre)

Regional Delegation for Industry and Energy (North)

Directorate-General for Industry

Directorate-General for Energy

Geological and Mining Institute

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Oil Exploration and Production

Ministerial Department responsible for Community Affairs

National Industrial Property Institute

Portuguese Institute for Quality

Ineti (National Institute for Industrial Engineering and Technology)

General-Secretariat

Pedip Manager's Department

Legal Affairs Office

Commission for Emergency Industrial Planning

Commission for Emergency Energy Planning

IAPMEI (Institute for support of small and medium-sized enterprises and investments)

Ministry of Justice

Centre for Legal Studies

Social Action and Observation Centres

The High Council of the Judiciary (Conselho Superior de Magistratura)

Central Registry

Directorate-General for Registers and Other Official Documents

Directorate-General for Computerized Services

Directorate-General for Legal Services

Directorate-General for the Prison Service

Directorate-General for the Protection and Care of Minors Prison Establishments

Ministerial Department responsible for European Law

Ministerial Department responsible for Documentation and Comparative Law

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Financial Management

Ministerial Department responsible for Planning and Coordinating Drug Control

São João de Deus Prison Hospital

Corpus Christi Institute

Guarda Institute

Institute for the Rehabilitation of Offenders

São Domingos Benfica Institute

National Police and Forensic Science Institute

Navarro Paiva Institute

Padre António Oliveira Institute

São Fiel Institute

São José Institute

Vila Fernando Institute

Criminology Institutes

Forensic Medicine Institutes

Criminal Investigation Department

General-Secretariat

Social Services

Ministry of Public Works, Transport and Communications

Council for Public and Private Works Markets

Directorate-General for Civil Aviation

Directorate-General for National Buildings and Monuments

Directorate-General for Road and Rail Transport

Ministerial Department responsible for River Crossings (Tagus)

Ministerial Department for Investment Coordination

Ministerial Department responsible for the Lisbon Railway Junction

Ministerial Department responsible for the Oporto Railway Junction

Ministerial Department responsible for Navigation on the Douro

Ministerial Department responsible for the European Communities

General Inspectorate for Public Works, Transport and Communications

Independent Executive for Roads

National Civil Engineering Laboratory

Social Works Department of the Ministry of Public Works, Transport and Communications

General-Secretariat

Institute for Management and Sales of State Housing

CTT - Post and Telecommunications of Portugal SA (1)

(1) Postal services only.

Ministry of Foreign Affairs

Directorate-General for Consular Affairs and for Financial Administration

Directorate-General for the European Communities

Directorate-General for Cooperation

Institute for Portuguese Emigrants and Portuguese Communities Abroad

Institute for Economic Cooperation

General-Secretariat

Ministry of Territorial Planning and Management

Academy of Science

Legal Affairs Office

National Centre for Geographical Data

Regional Coordination Committee (Centre)

Regional Coordination Committee (Lisbon and Tagus Valley)

Regional Coordination Committee (Alentejo)

Regional Coordination Committee (Algarve)

Regional Coordination Committee (North)

Central Planning Department

Ministerial Department for European Issues and External Relations

Directorate-General for Local Government

Directorate-General for Regional Development

Directorate-General for Town and Country Planning

Ministerial Department responsible for Coordination of the Alqueva Project

General Inspectorate for Territorial Administration

National Statistical Institute

António Sergio Cooperative Institute

Institute for Scientific and Tropical Research

Geographical and Land Register Institute

National Scientific and Technological Research Board

General-Secretariat

Ministry of the Sea

Directorate-General for Fishing

Directorate-General for Ports, Navigation and Maritime Transport

Portuguese Institute for Maritime Exploration

Maritime Administration for North, Centre and South

National Institute for Port Pilotage

Institute for Port Labour

Port Administration of Douro and Leixões

Port Administration of Lisbon

Port Administration of Setúbal and Sesimbra

Port Administration of Sines

Independent Executive for Ports

Infante D. Henrique Nautical School

Portuguese Fishing School and School of Sailing and Marine Craft

General-Secretariat

Ministry of Health

Regional Health Administrations

Health Centres

Mental Health Centres

Histocompatibility Centres

Regional Alcoholism Centres

Department for Studies and Health Planning

Health Human Resource Department

Directorate-General for Health

Directorate-General for Health Installations and Equipment

National Institute for Chemistry and Medicaments

Support Centres for Drug Addicts

Institute for Computer and Financial Management of Health Services

Infirmary Technical Schools

Health Service Technical Colleges

Central Hospitals

District Hospitals

General Inspectorate of Health

National Institute of Emergency Care

Dr Ricardo Jorge National Health Institute

Dr Jacinto De Magalhaes Institute of Genetic Medicine

Dr Gama Pinto Institute of Opthalmology

Portuguese Blood Institute

General Practitioners Institutes

General-Secretariat

Service for Prevention and Treatment of Drug Dependence

Social Services, Ministry of Health

FINLAND

>TABLE>

SWEDEN

>TABLE>

UNITED KINGDOM

Cabinet Office

Chessington Computer Centre

Civil Service College

Recruitment and Assessment Service

Civil Service Occupational Health Service

Office of Public Services and Science

Parliamentary Counsel Office

The Government Centre on Information Systems (CCTA)

Central Office of Information

Charity Commission

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure only)

Customs and Excise Department

Department for National Savings

Department for Education

Higher Education Funding Council for England

Department of Employment

Employment Appeals Tribunal

Industrial Tribunals

Office of Manpower Economics

Department of Health

Central Council for Education and Training in Social Work

Dental Practice Board

English National Board for Nursing, Midwifery and Health Visitors

National Health Service Authorities and Trust

Prescriptions Pricing Authority

Public Health Laboratory Service Board

United Kingdom Central Council for Nursing, Midwifery and Health Visiting

Department of National Heritage

British Library

British Museum

Historic Buildings and Monuments Commission for England (English Heritage)

Imperial War Museum

Museums and Galleries Commission

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Royal Commission on Historical Manuscripts

Royal Commission on Historical Monuments of England

Royal Fine Arts Commission (England)

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department of Social Security

Medical Boards and Examining Medical Officers (War Pensions)

Regional Medical Service

Independent Tribunal Service

Disability Living Allowance Advisory Board

Occupational Pensions Board

Social Security Advisory Committee

Department of the Environment

Building Research Establishment Agency

Commons Commissioners

Countryside Commission

Valuation Tribunal

Rent Assessment Panels

Royal Commission on Environmental Pollution

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department of Trade and Industry

Laboratory of the Government Chemist

National Engineering Laboratory

National Physical Laboratory

National Weights and Measures Laboratory

Domestic Coal Consumers' Council

Electricity Committees

Gas Consumers' Council

Central Transport Consultative Committees

Monopolies and Mergers Commission

Patent Office

Department of Transport

Coastguard Services

Transport and Road Research Laboratory

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary's Department

Government Communications Headquarters

Home Office

Boundary Commissions for England

Gaming Board for Great Britain

Inspectors of Constabulary

Parole Board and Local Review Committees

House of Commons

House of Lords

Inland Revenue, Board of

Intervention Board for Agricultural Produce

Lord Chancellor's Department

Combined Tax Tribunal

Council on Tribunals

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeals Tribunal

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Pensions Appeals Tribunals

Public Trust Office

Office of the Social Security Commissioners

Supreme Court Group (England and Wales)

Court of Appeal: Criminal

Circuit Offices and Crown, County and Combined Courts (England and Wales)

Transport Tribunal

Ministry of Agriculture, Fisheries and Food

Agricultural Development and Advisory Service

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Wages Board and Committees

Cattle Breeding Centre

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Ministry of Defence (1)

Meteorological Office

Procurement Executive

National Audit Office

National Investment and Loans Office

Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgments Office

Legal Aid Fund

Magistrates Court

Pensions Appeals Tribunals

Northern Ireland, Department of Agriculture

Northern Ireland, Department for Economic Development

Northern Ireland, Department of Education

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health and Social Services

Northern Ireland Office

Crown Solicitor's Office

Department of the Director of Public Prosecutions for Northern Ireland

Northern Ireland Forensic Science Laboratory

Office of Chief Electoral Officer for Northern Ireland

Police Authority for Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

Office of Fair Trading

Office of Population Censuses and Surveys

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health

Service Commissioners

(1) Non-warlike materials provided for in Annex II.

Ordnance Survey

Overseas Development Administration

Natural Resources Institute

Paymaster General's Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

Registry of Friendly Societies

Royal Commission on Historical Manuscripts

Royal Hospital, Chelsea

Royal Mint

Scotland, Crown Office and Procurator Fiscal Service

Scotland, Registers of Scotland

Scotland, General Register Office

Scotland, Lord Advocate's Department

Scotland, Queen's and Lord Treasurer's Remembrancer

Scottish Courts Administration

Accountant of Court's Office

Court of Justiciary

Court of Session

Lands Tribunal for Scotland

Pensions Appeal Tribunals

Scottish Land Court

Scottish Law Commission

Sherrif Courts

Social Security Commissioners' Office

The Scottish Office Central Services

Agriculture and Fisheries Department

Crofters Commission

Red Deer Commission

Royal Botanic Garden, Edinburgh

Industry Department

The Scottish Education Department

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Scottish Higher Education Funding Council

The Scottish Office Environment Department

Rent Assessment Panel and Committees

Royal Commission on the Ancient and Historical Monuments of Scotland

Royal Fine Art Commission for Scotland

Home and Health Departments

HM Inspectorate of Constabulary

Local Health Councils

National Board for Nursing, Midwifery and Health Visiting for Scotland

Parole Board for Scotland and Local Review Committees

Scottish Council for Postgraduate Medical Education

Scottish Crime Squad

Scottish Criminal Record Office

Scottish Fire Service Training School

Scottish National Health Service Authorities and Trusts

Scottish Police College

Scottish Record Office

HM Stationery Office (HMSO)

HM Treasury

Welsh Office

Royal Commission of Ancient and Historical Monuments in Wales

Welsh National Board for Nursing, Midwifery and Health Visiting

Local Government Boundary Commission for Wales

Valuation Tribunals (Wales)

Welsh Higher Education Finding Council

Welsh National Health Service Authorities and Trusts

Welsh Rent Assessment Panels.`

ANNEX II

'ANNEX III

MODEL NOTICE OF SERVICES CONTRACTS

A. PRIOR INFORMATION

1. Name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority, and, if different, of the service from which additional information may be obtained.

2. Intended total procurement in each of the service categories listed in Annex I A.

3. Estimated date for initiating the award procedures, per category.

4. Other information.

5. Date of dispatch of the notice.

6. Date of receipt of the notice by the Office for Official Publications of the European Communities.

7. Indication whether the procurement is covered by the Agreement.

B. OPEN PROCEDURE

1. Name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority.

2. Category of service and description. CPC reference number. Quantity including, where applicable, any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the timing of the subsequent calls for tender for the services to be procured.

3. Place of delivery.

4. (a) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession.

(b) Reference of the law, regulation or administrative provision.

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service.

5. Indication of whether service providers can tender for a part of the services concerned.

6. Where applicable, non-acceptance of variants.

7. Time limits for completion of the service or duration of the service contract and, as far as possible, time limit for starting or providing the service.

8. (a) Name and address of the service from which the necessary documents may be requested.

(b) Where applicable, final date for making such requests.

(c) Where applicable, the amount and terms of payment of any sum payable for such documents.

9. (a) Final date for receipt of tenders.

(b) Address to which they must be sent.

(c) Language or languages in which they must be drawn up.

10. (a) Persons authorized to be present at the opening of tenders.

(b) Date, time and place of such opening.

11. Where applicable, any deposits and guarantees required.

12. Main terms concerning financing and payment and/or references to the relevant provisions.

13. Where applicable, the legal form to be taken by the grouping of service providers winning the contract.

14. Information concerning the service provider's own position, and information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

15. Period during which the tenderer is bound to keep open his tender.

16. Criteria for the award of the contract and, if possible, their order of importance. Criteria other than the lowest price shall be mentioned if they do not appear in the contract documents.

17. Other information.

18. Date(s) of publication of the prior information notice in the Official Journal of the European Communities or reference to its non-publication.

19. Date of dispatch of the notice.

20. Date of receipt of the notice by the Office for Official Publications of the European Communities.

21. Indication whether the procurement is covered by the Agreement.

C. RESTRICTED PROCEDURE

1. Name, address, telegraphic address, telephone, telex and fax number of the contracting authority.

2. Category of service and description. CPC reference number. Quantity including, where applicable, any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the timing of the subsequent calls for tender for the services to be procured.

3. Place of delivery.

4. (a) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession.

(b) Reference of the law, regulation or administrative provision.

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service.

5. Indication of whether the service provider can tender for a part of the services concerned.

6. Envisaged number or range of service providers which will be invited to tender.

7. Where applicable, non-acceptance of variants.

8. Time limit for completion of the service or duration of the service contract and, as far as possible, time limit for starting or providing the service.

9. Where applicable, the legal form to be assumed by the grouping of service providers winning the contract.

10. (a) Where applicable, justification for the use of the accelerated procedure.

(b) Final date for the receipt of requests to participate.

(c) Address to which they must be sent.

(d) Language(s) in which they must be drawn up.

11. Final date for dispatch of invitations to tender.

12. Where applicable, any deposits and guarantees required.

13. Information concerning the service provider's own position, and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

14. Criteria for the award of the contract and, if possible, their order of importance if these are not stated in the invitation to tender.

15. Other information.

16. Date(s) of publication of the prior information notice in the Official Journal of the European Communities or reference to its non-publication.

17. Date of dispatch of the notice.

18. Date of receipt of the notice by the Office for Official Publications of the European Communities.

19. Indication whether the procurement is covered by the Agreement.

D. NEGOTIATED PROCEDURE

1. Name, address, telegraphic address, telephone, telex and fax number of the contracting authority.

2. Category of service and description. CPC reference number. Quantity including, where applicable, any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the timing of the subsequent calls for tender for the services to be procured.

3. Place of delivery.

4. (a) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession.

(b) Reference of the law, regulation or administrative provision.

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service.

5. Indication of whether the service provider can tender for a part of the services concerned.

6. Envisaged number or range of service providers which will be invited to tender.

7. Where applicable, non-acceptance of variants.

8. Time limit for completion of the service or duration of the service contract and, as far as possible, time limit for starting or providing the service.

9. Where applicable, the legal form to be assumed by the grouping of service providers winning the contract.

10. (a) Where applicable, justification for the use of the accelerated procedure.

(b) Final date for the receipt of requests to participate.

(c) Address to which they must be sent.

(d) Language(s) in which they must be drawn up.

11. Where applicable, any deposits and guarantees required.

12. Information concerning the service provider's own position, and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

13. Where applicable, the names and addresses of service providers already selected by the contracting authority.

14. Other information.

15. Date of dispatch of the notice.

16. Date of receipt of the notice by the Office for Official Publications of the European Communities.

17. Date(s) of previous publications in the Official Journal of the European Communities.

18. Indication whether the procurement is covered by the GPA.

E. CONTRACT AWARD NOTICE

1. Name and address of the contracting authority.

2. Award procedure chosen. In the case of the negotiated procedure without prior publication of a tender notice, justification (Article 11 (3)).

3. Category of service and description. CPC reference number. Quantity of services procured.

4. Date of award of the contract.

5. Criteria for award of the contract.

6. Number of tenders received.

7. Name and address of service provider(s).

8. Price or range of prices (minimum/maximum) paid.

9. Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10. Where appropriate, value and proportion of the contract which may be subcontracted to third parties.

11. Other information.

12. Date of publication of the contract notice in the Official Journal of the European Communities.

13. Date of dispatch of the notice.

14. Date of receipt of the notice by the Office for Official Publications of the European Communities.

15. In the case of contracts for services listed in Annex I B, agreement by the contracting authority to publication of the notice (Article 16 (3)).`

ANNEX III

'ANNEX IV

MODEL NOTICES OF SUPPLY CONTRACTS

A. PRIOR INFORMATION

1. The name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority, and if different, of the service from which additional information may be obtained.

2. The nature and quantity or value of the products to be supplied. Classification of products by activity (CPA) reference number.

3. Estimated date for initiating the award procedures in respect of the contract or contracts (if known).

4. Other information.

5. Date of dispatch of the notice.

6. Date of receipt of the notice by the Office for Official Publications of the European Communities.

7. Indication whether the procurement is covered by the Agreement.

B. OPEN PROCEDURES

1. The name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority.

2. (a) The award procedure chosen.

(b) Form of the contract for which tenders are being requested.

3. (a) Place of delivery.

(b) The nature of the goods to be supplied, including whether tenders are requested for purchase, lease, rental or hire purchase or a combination of these. CPA reference number.

(c) Quantity of the goods to be supplied, including any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the timing of the subsequent calls for tender for the supplies to be procured.

(d) Indication of whether the supplier can tender for a part of the goods required.

4. Time limit for completion of supplies or duration of the supplies contract and, as far as possible, time limit for starting or delivering supplies.

5. (a) Name and address of the service from which the contract documents and additional documents may be requested.

(b) Where applicable, the final date for making such requests.

(c) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

6. (a) The final date for receipt of tenders.

(b) The address to which they must be sent.

(c) The languages in which they must be drawn up.

7. (a) The persons authorized to be present at the opening of tenders.

(b) The date, hour and place of such opening.

8. Where applicable, any deposits and guarantees required.

9. The main terms concerning financing and payment and/or references to the provisions in which these are contained.

10. Where applicable, the legal form to be taken by the grouping of suppliers to whom the contract is awarded.

11. Information concerning the supplier's own position, and information and formalities necessary for an appraisal of the minimum economic and technical standards required of the supplier.

12. Period during which the tenderer is bound to keep open his tender.

13. The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned if they do not appear in the contract documents.

14. Where applicable, prohibition on variants.

15. Other information.

16. Date(s) of publication of the prior information notice in the Official Journal of the European Communities or references to its non-publication.

17. Date of dispatch of the notice.

18. Date of receipt of the notice by the Office for Official Publications of the European Communities.

19. Indication whether the procurement is covered by the Agreement.

C. RESTRICTED PROCEDURES

1. The name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority.

2. (a) The award procedure chosen.

(b) Where applicable, a justification for use of the accelerated procedure.

(c) Form of the contract for which tenders are being requested.

3. (a) Place of delivery.

(b) The nature of the goods to be supplied, including whether tenders are requested for purchase, lease, rental or hire purchase or a combination of these. CPA reference number.

(c) The quantity of the goods to be supplied, including any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the subsequent calls for tender for the supplies to be procured.

(d) Indication of whether the supplier can tender for a part of the goods required.

4. Time limit for completion of supplies or duration of the supplies contract and, as far as possible, time limit for starting or delivering supplies.

5. Where applicable, the legal form to be assumed by the grouping of suppliers to whom the contract is awarded.

6. (a) The final date for the receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language(s) in which they must be drawn up.

7. The final date for the dispatch of invitations to tender.

8. Where applicable, any deposits and guarantees required.

9. Information concerning the supplier's personal position, and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

10. The criteria for the award of the contract where they are not mentioned in the invitation to tender.

11. Envisaged number or range of suppliers which will be invited to tender.

12. Where applicable, prohibition on variants.

13. Other information.

14. Date(s) of publication of the prior information notice in the Official Journal of the European Communities or references to its non-publication.

15. Date of dispatch of the notice.

16. Date of receipt of the notice by the Office for Official Publications of the European Communities.

17. Indication whether the procurement is covered by the Agreement.

D. NEGOTIATED PROCEDURES

1. The name, address, telegraphic address, telephone, telex and fax numbers of the contracting authority.

2. (a) The award procedure chosen.

(b) Where applicable, justification for use of the accelerated procedure.

(c) Where applicable, form of contract for which tenders are invited.

3. (a) Place of delivery.

(b) The nature of the goods to be supplied, including whether tenders are requested for rental, purchase, lease or hire purchase or a combination of these. CPA reference number.

(c) The quantity of the goods to be supplied, including any options for further procurement and, if known, an estimate of the timing when such options may be exercised. In the case of regular or of recurring contracts, also, if known, an estimate of the subsequent calls for tender for the supplies to be procured.

(d) Indication of whether the suppliers can tender for a part of the goods required.

4. Time limit for completion of supplies or duration of the contract and, as far as possible, time limit for starting or delivering supplies.

5. Where applicable, the legal form to be assumed by a grouping of suppliers to whom the contract is awarded.

6. (a) The final date for the receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language(s) in which they must be drawn up.

7. Where applicable, any deposits and guarantees required.

8. Information concerning the supplier's personal position, and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

9. Envisaged number or range of suppliers which will be invited to tender.

10. Where applicable, prohibition on variants.

11. Where applicable, the names and addresses of suppliers already selected by the contracting authority.

12. Where applicable, date(s) of previous publications in the Official Journal of the European Communities.

13. Other information.

14. Date of dispatch of the notice.

15. Date of receipt of the notice by the Office for Official Publications of the European Communities.

16. Indication whether the procurement is covered by the Agreement.

E. CONTRACT AWARDS

1. Name and address of the contracting authority.

2. Award procedure chosen. In the case of the negotiated procedure, without publication of a tender notice, justification (Article 6 (3)).

3. Date of award of the contract.

4. Criteria for award of the contract.

5. Number of tenders received.

6. Name and address of supplier(s).

7. The nature and quantity of goods supplied, where applicable, by supplier. CPA reference number.

8. Price or range of prices (minimum/maximum) paid.

9. Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10. Where appropriate, value and proportion of contract likely to be subcontracted to third parties.

11. Other information.

12. Date of publication of the tender notice in the Official Journal of the European Communities.

13. Date of dispatch of the notice.

14. Date of receipt of the notice by the Office for Official Publications of the European Communities.`

ANNEX IV

'ANNEX IV

MODEL NOTICES OF WORKS CONTRACTS

A. PRIOR INFORMATION

1. Name, address, telephone number, telegraphic address, telex and fax numbers of the contracting authority.

2. (a) Site.

(b) Nature and extent of the works to be provided and, where relevant, main characteristics of any lots by reference to the work.

(c) If available, an estimate of the cost range of the proposed works.

3. (a) Estimated date for initiating the award procedures in respect of the contract or contracts.

(b) If known, estimated date for the start of the work.

(c) If known, estimated timetable for completion of the work.

4. If known, terms of financing of the work and of price revision and/or references to the provisions in which these are contained.

5. Other information.

6. Date of dispatch of the notice.

7. Date of receipt of the notice by the Office for Official Publications of the European Communities.

8. Indication whether the procurement is covered by the Agreement.

B. OPEN PROCEDURES

1. Name, address, telephone number, telegraphic address, telex and fax numbers of the contracting authority.

2. (a) Award procedure chosen.

(b) Nature of the contract for which tenders are being requested.

3. (a) Site.

(b) Nature and extent of the works to be provided and general nature of the work, including any options for further works and if known, an estimate of the timing when such options may be exercised.

(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4. Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5. (a) Name and address of the service from which the contract documents and additional documents may be requested.

(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

6. (a) Final date for receipt of tenders.

(b) Address to which tenders must be sent.

(c) Language(s) in which tenders must be drawn up.

7. (a) Where applicable, the persons authorized to be present at the opening of tenders.

(b) Date, hour and place of opening of tenders.

8. Any deposit and guarantees required.

9. Main terms concerning financing and payment and/or references to the provisions in which these are contained.

10. Where applicable, the legal form to be taken the grouping of contractors to whom the contract is awarded.

11. Information concerning the contractor's personal position and minimum economic and technical standards required of the contractor to whom the contract is awarded.

12. Period during which the tenderer is bound to keep open his tender.

13. Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.

14. Where applicable, prohibition on variants.

15. Other information.

16. Date of publication of the prior information notice in the Official Journal of the European Communities or references to its non-publication.

17. Date of dispatch of the notice.

18. Date of receipt of the notice by the Office for Official Publications of the European Communities.

19. Indication whether the procurement is covered by the Agreement.

C. RESTRICTED PROCEDURES

1. Name, address, telephone number, telegraphic address, telex and fax numbers of the contracting authority.

2. (a) Award procedure chosen.

(b) Where applicable, justification for the use of the accelerated procedure.

(c) Nature of the contract for which tenders are being requested.

3. (a) Site.

(b) Nature and extent of the works to be provided and general nature of the work, including any options for further works and, if known, an estimate of the timing when such options may be exercised.

(c) If the work of the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4. Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5. Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is awarded.

6. (a) Final date for receipt of requests to participate.

(b) Address to which requests must be sent.

(c) Language(s) in which requests must be drawn up.

7. Final date for dispatch of invitations to tender.

8. Any deposit and guarantees required.

9. Main terms concerning financing and payment and/or the provisions in which these are contained.

10. Information concerning the contractor's personal position and minimum economic and technical standards required of the contractor to whom the contract is awarded.

11. Criteria for the award of the contract where they are not mentioned in the invitation to tender.

12. Where applicable, prohibition on variants.

13. Other information.

14. Date of publication of the prior information notice in the Official Journal of the European Communities or reference to its non-publication.

15. Date of dispatch of the notice.

16. Date of receipt of the notice by the Office for Official Publications of the European Communities.

17. Indication whether the procurement is covered by the Agreement.

D. NEGOTIATED PROCEDURES

1. Name, address, telephone number, telegraphic address, telex and fax numbers of the contracting authority.

2. (a) Award procedure chosen.

(b) Where applicable, justification for the use of the accelerated procedure.

(c) Nature of the contract for which tenders are being requested.

3. (a) Site.

(b) Nature and extent of the services to be provided and general nature of the work, including any options for further works and, if known, an estimate of the timing when such options may be exercised.

(c) If the work of the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4. Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5. Where applicable, the legal form to be taken, the grouping of contractors to whom the contract is awarded.

6. (a) Final date for receipt of requests to participate.

(b) Address to which they must be sent.

(c) Language(s) in which they must be drawn up.

7. Any deposit and guarantees required.

8. Main terms concerning financing and payment and/or the provisions in which these are contained.

9. Information concerning the contractor's personal position and information and formalities necessary in order to evaluate the minimum economic and technical standards required of the contractor to whom the contract is awarded.

10. Where applicable, prohibition on variants.

11. Where applicable, name and address of suppliers already selected by the awarding authority.

12. Date(s) of previous publications in the Official Journal of the European Communities.

13. Other information.

14. Date of publication of the prior information notice in the Official Journal of the European Communities.

15. Date of dispatch of the notice.

16. Date of receipt of the notice by the Office for Official Publications of the European Communities.

17. Date(s) of previous publication in the Official Journal of the European Communities.

18. Indication whether the procurement is covered by the Agreement.

E. CONTRACT AWARDS

1. Name and address of awarding authority.

2. Award procedure chosen. In the case of the negotiated procedure without prior publication of a tender notice, justification (Article 7 (4)).

3. Date of award of contract.

4. Criteria for award of contract.

5. Number of offers received.

6. Name and address of successful contractor(s).

7. Nature and extent/quantity of the works provided, general characteristics of the finished structure.

8. Price or range of prices (minimum/maximum) paid.

9. Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10. Where appropriate, value and proportion of contract likely to be subcontracted to third parties.

11. Other information.

12. Date of publication of the tender notice in the Official Journal of the European Communities.

13. Date of dispatch of the notice.

14. Date of receipt of the notice by the Office for Official Publications of the European Communities.`

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 27 April 1995 the Commission submitted a proposal for a Directive based on Articles 57 (2), 66 and 100a of the EC Treaty, with the aim of amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC coordinating procedures for the award of public service, public supply and public works contracts.

The European Parliament delivered its opinion on 28 February 1996, suggesting fourteen amendments intended for the most part to limit the changes to be made to existing Directives to what was necessary to comply with the Agreement on government procurement ('the Agreement`) pending a subsequent general review when a wider-ranging adaptation of those Directives would be carried out.

The Economic and Social Committee delivered its opinion on 5 July 1995.

The Commission submitted its amended proposal on . . . December 1996.

II. COMMON POSITION

On 20 December 1996 the Council adopted a common position on the amended Commission proposal in accordance with Article 189b of the Treaty.

III. OBJECTIVE

The purpose of the Directive is to amend Directives 92/50/EEC, 93/36/EEC and 93/37/EEC to take account of the provisions of the Agreement on government procurement ('the Agreement`) set out in Annex 4 to the Agreement establishing the World Trade Organization. It should be noted that the Agreement entered into force on 1 January 1996.

IV. ANALYSIS OF THE COMMON POSITION

1. Recitals

The Council considered that the first recital should specify that the Agreement had no direct effect in the Community.

The third recital has been slightly amended to stress that contracting authorities that comply with the basic Directives as amended by this Directive are in conformity with the Agreement.

The fourth recital has been supplemented by stipulations clarifying what does not come within the scope of the Agreement but does come within that of the Directives.

A new 10th recital has been included, taking the place of the proposed amendment of Article 14 (7) of Directive 92/50/EEC, Article 8 (7) of Directive 93/36/EEC and Article 10 (7) of Directive 93/37/EEC, which reproduced the text of Article VI (4) of the Agreement. The Council did not consider it necessary to include it in the Directives because it was implicit in the principles of Community law on public contracts. A simple reference to those principles in the recitals was therefore sufficient. For that reason, the Council did not consider it necessary to adopt Amendment 17 proposed by the Parliament.

The recitals proposed by the Parliament in amendments 13 and 14 concerning the importance of prompt payment by public authorities in connection with transactions in which they are involved and the establishment of a specific date for payment in public service contracts have not been incorporated in the common position. The Council feels that the recitals of a directive amending existing Directives should refer to the amendments made in the Articles and the considerations that justify those amendments. Accordingly, it was not considered appropriate to incorporate the recitals proposed by the Parliament, which refer to concepts that are not dealt with in the Articles of those Directives.

However, in order to take account of the Parliament's concern, the Council has agreed to enter in the minutes of the Council meeting at which the Directive is adopted a statement referring to the Commission recommendation of 12 May 1995 on payment periods in commercial transactions and inviting the Member States to take the necessary legal and practical steps to ensure that contractual payment periods are complied with and that better payment periods are achieved in the context of public procurement.

2. Amendments relating to Directive 92/50/EEC

(a) Scope (Article 1 of this Directive and Articles 7 (1) and 13 (1) and (2) of Directive 92/50/EEC)

The Council wanted to amend Article 1, which introduces the amendments made to Directive 92/50/EEC, along the lines of the third recital, in order also to stress the services contracts which did not come within the scope of the Agreement. Both the third recital and Article 1 are intended to convey clear signals to third countries that the contracting authorities are not obliged to extend the benefits of the Directives to tenderers from third countries in respect of contracts not covered by the Agreement.

In Article 7 (1) (a) different thresholds are laid down for contracts covered by the Agreement (expressed in SDRs) and for contracts not covered by the Agreement (expressed in ecus), along the lines of Parliament amendment 2. The thresholds laid down in Article 13 for contests have been amended in parallel with those in Article 7 (1).

(b) Particulars to be communicated to eliminated candidates and tenderers (Article 12 (1) and (2) of Directive 92/50/EEC)

In paragraph 1 the Council was unable to incorporate amendment 3 proposed by the Parliament. The Council believes that information concerning the characteristics and the relevant advantages of the tender selected is a fundamental aspect of greater transparency in public contracts, which is the main purpose of Directives in this field. Accordingly the Council considered it preferable to align the Directives on the Agreement rather than include a reverse discrimination clause.

Paragraph 2 has been aligned on the corresponding provision of the Agreement.

(c) Technical specifications (new Article 14 (7) of Directive 92/50/EEC)

For the reasons set out in 1 above in connection with the 10th recital, the Council did not consider it necessary to incorporate the contemplated change in the technical specifications to conform to Article VI (4) of the Agreement. For the same reasons, the Council did not consider it necessary to take up amendment 16 proposed by the Parliament.

(d) Time limit for the receipt of tenders (Articles 18 (2) and 19 (4) of Directive 92/50/EEC)

The Council considered it necessary to alter very slightly the time limits for the receipt of tenders so that they would be calculated from the date on which a contract notice is dispatched rather than that of publication, which is a date over which the contracting authority has no control.

(e) Submission of tenders (new Article 23 (2) of Directive 92/50/EEC)

The Council wanted to simplify the provision proposed by the Commission so that the Member States would be able to authorize the submission of tenders by means of communication that might turn out to be more appropriate following advances in document-transmission technology. Guarantees relating to content, confidentiality, proof and the opening of tenders are required.

In addition, the Council thought it appropriate to couple this provision with a statement to the effect that, when tenders are submitted, the confidentiality of the particulars they contain must be guaranteed up to the date set for the opening of tenders. The guarantee of confidentiality clearly exists when tenders are submitted in writing, directly or by mail, and the same applies to tenders submitted on diskette or on any other medium and submitted under cover, directly or by mail. The statement also points out that it is technically possible to ensure at least an equivalent level of confidentiality using electronic means, in particular electronic mail, for the submission of tenders, but that tenders submitted by telephone are not permitted.

(f) Statistical obligations (Article 39 of Directive 92/50/EEC)

The Council considered it desirable to recast this Article slightly to make it clearer. A substantive amendment was made to paragraph 2 (d), explicitly providing that the statistical reports prescribed in this paragraph shall not deal with category 8 research and development services, certain category 5 telecommunications services or Annex I B services, i.e. services not covered by the Agreement. The Council believes that this change takes account of the Parliament's desire to restrict the changes to contracts covered by the Agreement.

3. Amendments relating to Directive 93/36/EEC

(a) General principles of equal treatment and non-discrimination (new Article 5 (7) of Directive 93/36/EEC)

The Council considered it appropriate to insert a new paragraph making explicit reference to the general principles of Community law on equal treatment and non-discrimination.

(b) Particulars to be communicated to eliminated candidates and tenderers (Article 7 (1) and (2) of Directive 93/36/EEC)

In paragraph 1 the Council was unable to incorporate amendment 5 proposed by the Parliament. The Council believes that information concerning the characteristics and the relevant advantages of the tender selected is a fundamental aspect of greater transparency in public contracts, which is the main purpose of Directives in this field. Accordingly the Council considered it preferable to align the Directives on the Agreement rather than include a reverse discrimination clause.

Paragraph 2 has been aligned on the corresponding provision of the Agreement.

(c) Technical specifications (new Article 8 (7) of Directive 93/36/EEC)

For the reasons set out in 1 above in connection with the 10th recital, the Council did not consider it necessary to incorporate the contemplated change in the technical specifications to conform to Article VI (4) of the Agreement. For the same reasons, the Council did not consider it necessary to take up amendment 17 proposed by the Parliament.

(d) Time limit for the receipt of tenders (new Articles 10 (1a) and 11 (3a) of Directive 93/36/EEC)

The Council considered it necessary to alter very slightly the time limits for the receipt of tenders so that they would be calculated from the date on which a contract notice is dispatched rather than that of publication, which is a date over which the contracting authority has no control.

(e) Submission of tenders (new Article 15 (3) of Directive 93/36/EEC)

The Council wanted to simplify the Commission proposal so that the Member States would be able to authorize the submission of tenders by means of communication that might turn out to be more appropriate following advances in document-transmission technology. Guarantees relating to content, confidentiality, proof and the opening of tenders are required.

In addition, the Council thought it appropriate to couple this provision with the statement set out in 2 (e) above.

(f) Statistical obligations (Article 31 of Directive 93/36/EEC)

The Council considered it desirable to recast this Article slightly to make it clearer.

4. Amendments relating to Directive 93/37/EEC

(a) Scope (Article 6 (1) of Directive 93/37/EEC)

The Council considered it desirable to lay down different thresholds for contracts covered by the Agreement (expressed in SDRs) and for contracts not covered by the Agreement (expressed in ecus). Once more, the differentiation of thresholds is intended to be a clear signal to third countries. It indicates that the contracting authorities are not obliged to extend the benefits of the Directives to persons from third countries tendering for contracts not covered by the Agreement.

(b) General principles of equal treatment and non-discrimination (new Article 6 (6) of Directive 93/37/EEC)

The Council considered it appropriate to insert a new paragraph making explicit reference to the general principles of Community law on equal treatment and non-discrimination.

(c) Particulars to be communicated to eliminated candidates and tenderers (Article 8 (1) and (2) of Directive 93/37/EEC)

In paragraph 1 the Council was unable to incorporate amendment 8 proposed by the Parliament. The Council believes that information concerning the characteristics and the relevant advantages of the tender selected is a fundamental aspect of greater transparency in public contracts, which is the main purpose of Directives in this field. Accordingly the Council considered it preferable to align the Directives on the Agreement rather than include a reverse discrimination clause.

Paragraph 2 has been aligned on the corresponding provision of the Agreement.

(d) Technical specifications (new Article 10 (7) of Directive 93/37/EEC)

For the reasons set out in 1 above in connection with the 10th recital, the Council did not consider it necessary to incorporate the contemplated change in the technical specifications to conform to Article VI (4) of the Agreement. For the same reasons, the Council did not consider it necessary to take up amendment 18 proposed by the Parliament.

(e) Time limit for the receipt of tenders (Articles 12 (2) and 13 (4) of Directive 93/37/EEC)

The Council considered it necessary to alter very slightly the time limits for the receipt of tenders so that they would be calculated from the date on which a contract notice is dispatched rather than that of publication, which is a date over which the contracting authority has no control.

(f) Submission of tenders (new Article 18 (2) of Directive 93/37/EEC)

The Council wanted to simplify the provision proposed by the Commission so that the Member States would be able to authorize the submission of tenders by means of communication that might turn out to be more appropriate following advances in document-transmission technology. Guarantees relating to content, confidentiality, proof and the opening of tenders are required.

In addition, the Council thought it appropriate to couple this provision with the statement set out in 2 (e) above.

(g) Statistical obligations (Article 34 of Directive 93/37/EEC)

The Council aligned this provision on those proposed for Article 39 of Directive 92/50/EEC and Article 31 of Directive 93/36/EEC in order to simplify the administrative burden on the contracting authorities and the Member States for which it was much easier and less costly to use the same models for all statistics concerning public contracts awarded.

The Council was not therefore able to take up amendment 10 proposed by the Parliament. It also feels that the proposed recasting would introduce doubts regarding the arrangements applicable to the contracting authorities listed in Annex I to Directive 97/. . ./EC (contracting authorities subject to the Agreement). The amendment proposed by Parliament would have the effect of making those contracting authorities subject both to the general arrangements laid down in paragraph 2 (a) and to those laid down in paragraph 2 (b).

In addition, the deletion of paragraph 3, which allowed the Commission to determine, in consultation with the Advisory Committee on Public Contracts, the details of the information to be provided, introduced needless rigidity into the procedure for the processing of statistics.

5. Entry into force (Article 4 of this Directive)

The Council considered that the date of entry into force should be 12 months after the adoption of the Directive.

6. Annexes

The Council amended the list of central government authorities in Annex I in order to take account of the list in the Annex to the Agreement and to include the Austrian, Finnish and Swedish Government authorities.

V. CONCLUSION

The amendments made by the Council follow the amended Commission proposal very closely and are mainly intended to include only those amendments necessary for compliance with the Agreement while giving a signal to third countries that the Community is well aware of its obligations vis-à-vis the Agreement and the limits of its obligations.

The Council believes that all these amendments are essentially in the spirit of the European Parliament's opinion on this proposal.