52000PC0275

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts

(presented by the Commission)

EXPLANATORY MEMORANDUM

Introduction

In 1996, the Commission published a Green Paper entitled "Public Procurement in the European Union: Exploring the Way Forward" [1], which drew almost 300 responses from various economic sectors, the Member States and institutions.

[1] COM(96) 583 final of 27 November 1996.

After analysing these contributions, the Commission mapped out the perspectives for future action in its Communication "Public Procurement in the European Union" [2]. The main theme to emerge from the Green Paper debate is the need to simplify the legal framework and adapt it to the new electronic age while maintaining the stability of its basic structure. The Commission recognised the need to simplify the existing legal framework by clarifying provisions which were obscure or complex and by amending legislation where the problems to be addressed could not be solved through interpretation of the provisions [3]. In addition, it announced the consolidation of the three "classic Directives" and then their merger into a single text.

[2] COM(98) 143 final of 11 March 1998.

[3] Point 2.1.1.

This proposal meets these objectives.

It was announced by the Commission in its Work Programme for 2000 [4]. It falls within the exclusive competence of the Community regarding the recasting of legislation for completion of the internal market based on Article 95 of the EC Treaty. What is more, it is in line with the conclusions of the Lisbon European Council calling for economic reforms as a means of completing the internal market and making it fully operational.

[4] COM(2000) 155, 9.2.2000.

To facilitate the presentation of the proposal, the amendments are grouped into two parts:

- simplification of the Directive;

- amendments to the legal framework.

The Explanatory Memorandum is followed by analysis of the recitals and of the Articles.

I. Simplification - restructuring and clarification of the directive

1.1. Following the debate on the Green Paper entitled "Public Procurement in the European Union: Exploring the Way Forward [5]", and in the exercise of its responsibilities as "guardian of the Treaty", the Commission found some inconsistencies between the three public sector Directives, namely Directive 92/50/EEC relating to the coordination of procedures on the award of public service contracts [6], Directive 93/36/EEC coordinating procedures for the award of public supply contracts [7] and Directive 93/37/EEC concerning the coordination of procedures for the award of public works contracts [8]. These inconsistencies are not justified by the specific features of the respective Directives and must be removed. This is prompted by the same concern about clarification expressed by the Commission in its Communication on Concessions in Community law [9], which does not prejudge any legislative proposal specifically on concessions.

[5] COM(96) 583 final of 27 November 1996.

[6] OJ L 209, 24.7.1992, as amended by Directive 97/52/EC of 13 October 1997 (OJ L 328, 28.11.1997).

[7] OJ L 199, 9.8.1993, as amended by Directive 97/52/EC of 13 October 1997 (OJ L 328, 28.11.1997).

[8] OJ L 199, 9.8.1993, as amended by Directive 97/52/EC of 13 October 1997 (OJ L 328, 28.11.1997).

[9] Commission interpretative Communication on Concessions in Community law (OJ C 121, 29.4.2000, p. 2).

By way of making the texts consistent, the proposal also has the effect of sometimes rendering applicable to all contracts provisions which, without any particular justification, are currently applicable to some contracts only (see, for example, Article 3). What is more, the Directives will be understood and applied more easily if the current Directives are restructured, though without altering the legal obligations which they impose.

The proposed simplification therefore consists in eliminating inconsistencies and restructuring the existing texts [10].

[10] Point 2.1.3 of Communication (COM(1998) 143 final).

1.2. This proposal is presented in the form of a single text for supply, works and service contracts. At the same time, it provides a means of proposing that the public sector Directives be amended, simplified and combined in a single text. This approach will make it easier to maintain consistency during the legislative process, and also offers real advantages for users. While it is true that Directives have to be transposed into national legislation, economic operators and contracting authorities often refer to the texts of Directives, especially for the interpretation of national texts. There will thus no longer be any need to refer to different texts largely dealing with the same questions and comprising, respectively, 35 (supplies), 37 (works) and 45 (services) Articles, as a single text will be available which is more clearly structured and comprises 82 Articles. This reduction in the number of Articles reflects in particular the presence of identical provisions in the three Directives.

The Committee of the Regions, in its opinion on the 1998 Communication [11], fully supported such a proposal, which, it said, would greatly facilitate the work of local and regional authorities.

[11] CdR 108/98 final of 16 and 17 September 1998.

In addition, several Member States have adopted the same approach in transposing Directives into a single text at national level.

At all events, the merger of the three Directives into one does not per se impose any transposition obligations.

1.3. As far as the structure is concerned, the provisions in the proposed Directive have been set out in six Titles: Definitions, Specific provisions applicable to public contracts, Granting of special or exclusive rights, Specific rules governing design contests in the field of services, Rules in the field of concessions and Final provisions. In these Titles, and particularly in Title II with regard to the specific rules applicable to contracts, the provisions have been ordered in such a way as to follow logically the course of a contract award procedure, starting with the principles and the scope. Chapters and Sections have been introduced to make it easier for the reader. In addition, each Chapter, Section and Article has a heading for quicker identification of the provisions sought by the reader.

1.4. The simplification effort, particularly in relation to thresholds, features other, more substantive amendments. These are set out in detail in the second part of this Explanatory Memorandum.

II. Substantive amendments

1. Introduction

1.1. The emergence of the information society, the gradual withdrawal of the State from certain economic activities, and increased budgetary austerity are leading the Commission to propose amendments to the existing legal framework. These have a threefold objective: modernisation, simplification and flexibility; modernisation to take account of new technologies and changes in the economic environment, simplification to lighten rules which are sometimes too detailed and complex, and flexibility to respond better to the criticism of procedures which are excessively rigid and do not meet the needs of public purchasers.

1.2. The Commission has identified seven areas in which this threefold objective has prompted it to propose substantive amendments.

These are:

- the introduction of electronic purchasing mechanisms, and their consequences in terms of reducing the length of an award procedure (point 2);

- the introduction of a new case for the use of the negotiated procedure, which - for particularly complex contracts - permits a "dialogue" between the contracting authority and the different candidates, while ensuring that there is competition and compliance with the principle of equality of treatment (point 3);

- the possibility for public purchasers of concluding so-called "framework agreements", not all of whose conditions are fixed, and on the basis of which contracts can be awarded without applying all the obligations of the Directive (point 4) to each one;

- clarification of provisions relating to technical specifications; this will encourage effective competition through the participation of the greatest possible number of tenderers and, in particular, innovative businesses (point 5);

- a strengthening of the provisions relating to award and selection criteria (point 6);

- a simplification of thresholds (point 7);

- the introduction of a common procurement vocabulary (point 8).

Moreover, following the amendments proposed by the Commission concerning the "Utilities Directive" 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors [12], in particular the amendments to its scope in the light of the gradual liberalisation in those sectors, it is also necessary to amend some provisions contained in the public sector Directives (point 9).

[12] OJ L 199, 9.8.1993, as amended by Directive 94/22/EC of 30 May 1994 (OJ L 164, 30.6.1994) and Directive 98/4/EC of 16 February 1998 (OJ L 101, 1.4.1998).

What is more, the provisions of this Directive are intended to facilitate the implementation of the rules and principles of the Treaty. Failure to comply with Directives may in some cases constitute a breach of these rules and principles of the Treaty.

2. The introduction of electronic purchasing mechanisms

2.1. The emergence of the new Information and Communication Technologies (ICTs) offers promising opportunities as regards the efficiency, transparency and opening-up of public procurement. In its Communication on Public Procurement in the European Union of 11 March 1998, the Commission set itself a very ambitious target: 25% of all procurement transactions should take place using electronic means by the year 2003. Against this background, it called on all the players involved to develop such a system.

This approach was endorsed by a large number of contributions and responses, particularly from the European Parliament and the Committee of the Regions.

It also featured in the Presidency conclusions from the Lisbon European Council of 23 and 24 March 2000, in which the Commission, the Council and the Member States were requested "to take the necessary steps to ensure that it is possible by 2003 for Community and government procurement to take place on-line" [13].

[13] See point 17, fourth indent, of the conclusions.

Under current legislation on public procurement it is possible, under certain conditions, to use electronic means for the submission of tenders. However, there are procedures for which the use of electronic means has not been mentioned (i.e. transmission of notices) or is not authorised (i.e. accelerated procedure).

As things stand, moreover, this possibility is left to Member States, which are able to authorise the use of means other than direct or postal delivery. The proposal is aimed at enabling each entity to decide in future to use electronic means to the exclusion of all others.

2.2. While some fear that businesses lagging behind in terms of computer equipment could thus be precluded from public contracts which are awarded by electronic means, this situation is set to change rapidly. It would therefore not appear necessary to provide a transitional period during which the parallel use of traditional means would be compulsory, especially as business will benefit de facto from a transitional period by virtue of the time-limits for adoption and transposition put forward in this proposal.

Permitting the use of electronic means in the area of public procurement requires inter alia that their use for communication and information exchange be put on an equal footing with other, more traditional means with the aim of encouraging greater recourse to electronic means in the future.

2.3. Finally, electronic contract award systems should yield a significant time saving in the course of a procedure. Electronic transmission will make it possible to reduce the time-limit of 12 days which are necessary at present, except in the case of accelerated procedures, for transmission to the Publication Office and publication in the Official Journal.

It will thus be possible to reduce the maximum time-limit for publication from 12 days to five.

2.4. The introduction of electronic means has also highlighted the difficulty which may result from laws freezing the use of certain technical facilities, such as the TED database.

Given the rapid development of the technologies used, this explicit reference in the legislation means that regular updating will be required. To lessen these difficulties involved in the adaptation of the legislation, this proposal no longer mentions specific means of publication in the operative provisions of the Directive. The provisions relating to more detailed technical specifications concerning publication are grouped together in a new Annex (Annex VIII).

In order to bring these provisions more quickly into line with technological developments, it is proposed to delegate to the Commission, assisted by the Committee provided for in Article 76, powers to amend this Annex so as to adapt it in step with technical progress.

3. The introduction of a new flexibility allowing a "dialogue" between the contracting authority and candidates

3.1. In its aforementioned Communication [14], the Commission records that "in the case of particularly complex contracts in areas that are constantly changing, such as high technology, purchasers are well aware of their needs but do not know in advance what is the best technical solution for satisfying those needs. Discussion of the contract and dialogue between purchasers and suppliers is therefore necessary in such cases. But the standard procedures laid down by the public sector Directives (Directives 93/36/EEC, supplies, 93/37/EEC, works, and 92/50/EEC, services) leave very little scope for discussion during the award of contracts and are therefore regarded as lacking in flexibility in situations of this type".

[14] See footnote 2.

3.2. It should be noted that, in the light of the case law of the Court of Justice, such a dialogue is not allowed under the current open and restricted procedures. Furthermore, the current provisions on the use of a negotiated procedure with prior publication are limited to exceptional situations and must, in accordance with the Court's established case law, be interpreted restrictively. The present rules do not therefore provide for this possibility.

3.3. However, certain purchases may be particularly complex: the contracting authorities may be objectively unable to define which technical, legal or financial means would best meet their needs. The contracting authorities may also want to allow innovative solutions or may be unable, objectively, to assess what the market has on offer in terms of technical or financial solutions. A case in point is when a contracting authority is unable, objectively, to assess in advance whether the most economically advantageous solution would involve public funding, a risk-sharing model or a purely private-sector solution.

The Committee of the Regions, in its opinion, also cited the example of health sector contracts (surgical equipment and medical imaging devices).

3.4. The contracting authorities do of course have certain means at their disposal to deal with such situations: under the current Directives, they are free to conduct a "technical dialogue" followed by a "normal" award procedure, or to award a service contract followed by a contract for supplies, or to hold a design competition followed by the award of a contract for services, supplies or works. However, as pointed out during the debate launched by the Green Paper [15] and underlined by the European Parliament during the adoption of Directives 97/52/EC [16] and 98/4/EC [17], these possibilities are not always sufficient. In the case of a technical dialogue, a company helping a contracting authority to define its specifications by way of that dialogue cannot participate in the subsequent award procedure based on such specifications to the extent that this would be to the detriment of fair competition, as expressed in the 10th recital of Directive 97/52/EC [18]. Nor is it permissible in the case of split contracts (research contract or design contest) for one and the same company to produce the design and carry out the project.

[15] See footnote 1.

[16] European Parliament and Council Directive 97/52/EC of 13 October 1997 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, OJ L 328, 28.11.1997.

[17] Directive 98/4/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 101, 1.4.1998.

[18] "Whereas contracting authorities may seek or accept advice which may be used in the preparation of specifications for a specific procurement, provided that such advice does not have the effect of precluding competition".

3.5. Without calling the existing possibilities into question, it would appear appropriate to introduce provisions enabling a dialogue to take place in a single award procedure which will result in the contract being carried out; this should incorporate a phase during which the specifications would be established on the basis of negotiations with the selected participants, followed by the submission of tenders by the participants in the negotiations and then by the award of the contract to the best tender.

3.6. As regards the choice of arrangements, the proposal departs from the conclusions drawn by the Commission in its Communication. The Commission had undertaken to amend the current texts of the Directives "with a view to making procedures more flexible and allowing dialogue in the course of such procedures, and not just in exceptional circumstances. It will propose a new standard procedure, the 'competitive dialogue', which would operate alongside open and restricted procedures and would replace the existing negotiated procedure with prior publication of a notice. The conditions and the rules under which contracting authorities would be allowed to use this new procedure and the details of the procedure itself will have to be spelt out and will be based inter alia on the principles of transparency and equal treatment".

Following consultations, it was felt that it would be more appropriate not to introduce an entirely new procedure: the choice made was to extend the applicability of the negotiated procedure with prior publication to include these cases. This will avoid having a multiplicity of procedures.

3.7. Given the risks of a particular candidate being favoured, the general principles of equality of treatment and transparency can be safeguarded only by way of appropriately supervising the dialogue process through to the award of the contract.

3.8. In this new case, the negotiated procedure will operate as follows in practice:

The contracting authorities publish a notice inviting interested parties to participate. In the notice, the contracting authority defines the objectives it wishes to obtain. It also states the qualitative selection criteria and award criteria. These criteria remain unchanged throughout the procedure.

The contracting authority thereafter has two options: it may:

(a) decide that it wishes to receive only the normal documentation concerning the candidates' personal position and their technical, economic and financial capacity. The qualitative selection criteria must be appropriate and based on the object of the contract concerned;

(b) decide that this documentation must be accompanied by an "outline solution", i.e. a preliminary indication of the solution which the candidate in question intends to propose to meet the contracting authority's needs and requirements. Candidates may also have to give an estimate of the cost of preparing the outline solution.

The contracting authority has to announce its choice between (a) and (b) in the notice.

After receiving the applications, the contracting authority chooses the participants in the negotiations. Selection is based on the previously established qualitative selection criteria (economic, financial and technical capacity, following the usual verification of the information relating to the candidate's personal position).

A further, optional stage is possible, i.e. the contracting authority, after having selected candidates in the qualitative selection procedure on the basis of the information referred to above at (a), may then request these candidates to submit an "outline solution" to form the basis for further negotiations.

In all cases, the contracting authority then consults the selected participants to examine how its needs can best be satisfied. In order to take into account the legitimate concerns expressed by industry regarding the appropriation of other people's ideas, it has been laid down that, during such consultations, the contracting authority shall not divulge to any candidate the solutions proposed by, or any confidential information relating to, other candidates.

At the end of the negotiations, the contracting authority defines the final technical specifications, either by retaining one of the solutions presented by one of the participants or by combining more than one of the solutions presented. Moreover, it goes without saying that, in doing so, the contracting authority must observe the law on the protection of intellectual property.

Once this stage is completed, the contracting authority invites the participants to submit a formal tender. When the contracting authority invites the participants in the negotiations to submit their tenders, it cannot invite fewer than three to do so - provided a sufficient number of candidates satisfy the qualitative selection criteria. A possible limitation on this number is set on the basis of the qualitative selection criteria.

The tenders will then be evaluated on the basis of the award criteria, and the contract will be awarded, there being no further scope for negotiation.

4. The introduction of more flexible purchasing techniques using framework agreements

4.1. In its aforementioned Communication (point 2.1.2.3), the Commission highlighted the need to revamp the Directives with a view to permitting the use of flexible purchasing techniques enabling purchasers to benefit from product developments and price changes. It pointed out that, on markets which are constantly changing, such as the markets for information technology products and services, it is not economically justifiable for public purchasers to be tied to fixed prices and conditions. Public purchasers therefore increasingly feel the need to manage their procurement on a long-term basis. The essential features of purchases of this nature should consequently offer the necessary flexibility. Framework agreements meet this requirement.

Framework agreements are not public contracts within the meaning of the Directives; they are not contracts to the extent that they do not lay down specific terms and thus cannot give rise to performance as a contract does.

By contrast, it is pointed out that contracts with several economic operators (such as widely used purchase order contracts) are public contracts within the meaning of the Directives (see Article 1(2)). They must be awarded in accordance with those provisions if the thresholds are exceeded.

4.2. "Framework agreements" are used, in the case of repetitive purchases, to choose certain economic operators who, when the time comes, will be able to meet the purchaser's needs.

This form of "agreement" between the contracting authority and economic operators cannot, at present, exempt the contracting authority from the obligation to comply with the procedures as per the Directive for each contract awarded - following an order - if these contracts exceed the thresholds. However, in view of the increasing use being made of this arrangement, it appeared necessary to the Commission, in its aforementioned Communication on public contracts [19], to allow contracts based on such agreements to be exempted, under certain conditions, from the obligation to apply the normal procedures under the Directive. Such agreements not only enable purchases to made under better conditions, in keeping with the constant development of the market for certain products and services, but also avoid repetition of procedures each time in the case of repetitive purchases.

[19] See footnote 2.

In this way, contracting authorities would no longer be obliged to apply the normal procedures under the Directive for each contract based on such an agreement.

4.3. However, this possibility is subject to a double condition.

- The framework agreement must itself be awarded in conformity with the Directive. In other words, the contracting authority, if it wishes to avail itself of this possibility, must publish a notice, apply qualitative selection criteria in accordance with the Directive and award the framework agreement - to several service providers - applying objective criteria announced in advance.

- Contracts based on a framework agreement must be awarded in accordance with provisions aimed at ensuring compliance with the principle of equality of treatment when choosing the tenderer. These provisions are the subject of a new Article (Article 32). The choice shall be made after the reopening of competition among the economic operators who are party to the framework contract.

4.4. When a contracting authority has to make a purchase, it consults those economic operators party to the agreement who are likely to be able to meet its requirements. The economic operators submit specific tenders, offering scope to adjust the initial tender in line with market developments, such as technical obsolescence or significant price changes.

4.5. The arrangements are governed by provisions guaranteeing equality of treatment of tenderers.

4.6. Such agreements do not foreclose the market to competition and in particular to new entrants. Contracting authorities are always free to start a new procedure for a public contract if they wish to enjoy better conditions. Moreover, it is worth emphasising that as things currently stand, nothing prevents a contracting authority from entering into a contract with a single economic operator for several years.

Accordingly , it may be in the contracting authority's interest to use a framework agreement for intellectual services which it will need over a given period (for example technical assistance) for which it is not possible to know when the need will arise nor the size of any task to be performed. When the need arises, the authority will use a simplified procedure to consult all the parties to the framework agreement and will be able to award the contract to the best tenderer.

The proposal also contains a clause concerning anti-competitive abuses (notably the risk of cartels) and, to ensure effective competition limits the duration of framework agreements to three years in principle.

It goes without saying that the Treaty rules on competition are not affected by this buying technique.

5. Technical specifications

5.1. The current provisions on technical specifications [20] are designed to require public purchasers to define technical specifications by reference to an exhaustively listed set of instruments so as to avoid conferring any advantage on a given economic operator or giving preference to national production. These instruments are not only well known, transparent and publicly available but also represent, as far as possible, harmonisation of specifications at European or international level. The most important of these instruments is the standard - preferably European, international or, failing that, national. Other instruments which are more sector-specific (European Technical Approval for building products, as provided for in Directive 89/106/EEC) have also been retained as possible references.

[20] The Supply (93/36/EEC), Works (93/37/EEC) and Services (92/50/EEC) Directives contain the same provisions regarding common technical rules. The Utilities Directive (93/38/EEC) contains broadly equivalent provisions.

Application of the provisions of the Directives has led in certain cases to a situation where standards have been treated as de facto requirements; these provisions can be construed as limiting the buyer's choice to only those products which comply with the standard.

Such an interpretation does not fit with the notion of a "reference" according to which other solutions can be compared to the solution provided by the standard. In addition, it has also meant that technical solutions where a standard exists have been unduly preferred to the detriment of other solutions and of new technologies. The rapid technological obsolescence in certain sectors, coupled with the interpretation that standards are de facto requirements, is particularly harmful where, by the very nature of things, the adoption of a standard lags some way behind technological progress (as is the case in the information technology field).

5.2. Accordingly, there is a need to simplify these provisions (so as to clarify the extent of the "reference" obligation and limit referral to provisions specific to certain sectors, such as telecommunications and construction), which add to the complexity of the current texts. These changes will also encourage effective competition through the participation of the greatest possible number of tenderers and in particular innovative businesses.

The proposed changes apply to all purchases of goods, works and services under the public sector Directives as well as purchases under the utilities Directives. This means that the texts of the Directives will be brought more into line with one another, adding to the simplification process. These amendments will enable public purchasers to specify their requirements also in terms of performance levels, while at the same time safeguarding what has been achieved in terms of European standardisation, as reference to the standards will still be an option.

6. Strengthening of provisions relating to award and selection criteria

6.1. The current provisions concerning award criteria (Article 36(2) of Directive 92/50/EEC, Article 26(2) of Directive 93/36/EEC and Article 30(2) of Directive 93/37/EEC) stipulate that these criteria must be listed in the contract notice or in the contract documents, "where possible" in descending order of the importance attached to them by the contracting authority.

As this provision is far from binding as regards the mention of a descending order of importance, it is necessary to clarify the scope of the obligation which flows from it.

6.2 What is more, the Commission has concluded from its investigations of complaints that, even though the contracting authorities have to establish and set out a descending order of importance attached to the award criteria, they still enjoy a considerable margin of discretion when awarding contracts. In merely stating a descending order of importance, the contracting authority retains the option of attaching to the criteria, at the time of evaluation, a specific weighting, and hence a relative value, of which the tenderers are not aware. A possible consequence of this lack of transparency may be that some contracting authorities attach an unexpected or unforeseeable importance to one or more criteria, even after the opening of the tenders, so as to favour one tenderer or another. Thus, if there are two criteria, the order of preference may equally result in 90% or 51% of the relative value being attached to the first criterion. Also, in the absence of a general rule making it compulsory to state the relative weighting of the criteria from the start of the procedure, it is difficult to keep a check on the final choice of the contracting authority. Therefore, it has to be recognised that, at the crucial stage in the award of a contract, such absence renders ineffective the rules governing the preceding stages of the award procedure. All these rules are aimed at the same objective of ensuring that the rights of the tenderers are respected, and in particular that the principles of equality of treatment and transparency are upheld.

The Directive must therefore be amended so as to make it compulsory to state the relative weighting of each criterion at the contract notice stage or in the contract documents. This weighting may take different forms (in particular, it may be expressed as a percentage or in terms of relative share compared with another criterion) and to ensure a certain flexibility, may be expressed as a range within which the value attributed to each criterion shall be stated.

6.3 However, it is not always possible to state the relative weighting of criteria as early as the contract notice stage. This is liable to be particularly difficult in the case of complex contracts.

The provisions must provide scope for waiving the aforementioned obligation.

On the other hand, it has to be ensured that the weighting is known to all tenderers when they draw up their tenders.

An exemption is therefore provided for whereby the relative weighting may be stated, at the latest, in the invitation to tender (for restricted and negotiated procedures) or in the invitation to participate in the dialogue (for negotiated procedures in the case of complex contracts). In other cases - open procedures - failure to state the relative weighting right at the start of the procedure may render the procedure void.

6.4 As regards the selection of tenderers, the proposal strengthens the legal framework in two respects:

- first, it strengthens the instruments for combating organised crime, corruption and fraud by introducing an obligation on the part of contracting authorities to exclude tenderers who have been found guilty in a definitive judgment of organised crime, corruption offences or fraud against the financial interest of the Community. This proposal follows on from the conclusions of the Tampere summit, the action plans to combat organised crime and the 1997 Communication from the Commission on a Union Policy against Corruption [21];

[21] COM(97) 192, 21.5.1997.

- secondly, it introduces an obligation, in restricted and negotiated procedures, to apply objective criteria announced in advance so as not to limit the number of candidates invited to tender; it thus fills a gap in the existing operative provisions.

7. Thresholds

The current Directives lay down different thresholds. Often, it is not easy to establish which threshold is applicable to a specific public contract.

As far as public contracts falling under Directive 92/50/EEC are concerned, the following thresholds apply.

- EUR 200 000 [22] for contracts awarded by central and non-central authorities and relating to the (research and development) services listed in Annex I A, category 8, and to certain telecommunications services such as listed in Annex I A, category 5, with the CPC reference numbers 7524, 7525 or 7526. In addition, this threshold is applicable to all contracts relating to the services in Annex I B. It also applies, finally, to all contracts covered by Article 3(3), namely contracts financed to more than 50%;

[22] Expressed in ecus in the Directives, which predate the changeover to the euro. As a reminder, 1 ecu = 1 euro.

- the equivalent in euro of SDR [23] 130 000 (currently EUR 139 312) is applicable to all contracts awarded by the government authorities listed in Annex I of Directive 92/50/EEC, where the contract in question falls under categories in Annex I A other than those mentioned above (i.e. category 8 (research and development) and category 5 where the CPC reference numbers are 7524, 7525 or 7526);

[23] The SDR is a reference currency defined in by the International Monetary Fund and used in the GPA.

- the equivalent in euro of SDR 200 000 (currently EUR 214 326) is applicable to service contracts awarded by contracting authorities which are not central authorities, if the contracts relate to services listed in Annex I A other than those listed above (i.e. excluding category 8 (R&D) and telecommunications services, with the CPC numbers 7524, 7525 or 7526).

Two different thresholds apply to works contracts subject to Directive 93/37/EEC. One is 5 000 000 ecu (now euro), applicable to works concessions contracts falling under the scope of Article 2(1), contracts subsidised by more than 50%. All other works contracts are subject to a threshold of the equivalent in euro of SDR 5 000 000 (currently EUR 5 358 153).

As far as public contracts under Directive 93/36/EEC are concerned, thresholds are as follows:

- the equivalent in euro of SDR 130 000 (currently EUR 139 312), applicable to supply contracts awarded by the central government authorities listed in Annex I of the Directive. In the field of defence, however, this applies only to contracts relating to the products listed in Annex II of the Directive;

and

- the equivalent in euro of SDR 200 000 (currently EUR 214 326), applicable to all supply contracts awarded by contracting authorities which are not central government authorities and to contracts awarded by central government authorities in the field of defence for products not listed in Annex II of the Directive.

It follows from the above that these thresholds are anything but straightforward and user-friendly. There is thus an urgent need to simplify these thresholds by reducing the number of different thresholds, removing all references to "the equivalent in euro of SDR" and stating all thresholds in euro, up to the full extent compatible with the Community's international obligations under the Government Procurement Agreement (GPA), concluded in the Uruguay Round multilateral negotiations [24]. As the thresholds will henceforth be stated in euro, it is necessary to both

[24] 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 L 336, 23. 12. 1994, p. 1).

- ensure compliance with our international obligations through compliance with the GPA thresholds, and

- establish round-figure thresholds, which will thus not be the straight equivalent of the SDR thresholds.

To this end, the thresholds in euro are rounded to the nearest one hundred or ten thousand euro below the thresholds set by the GPA.

The proposed amendments feature the following thresholds:

- 93/37/EEC: a single threshold of EUR 5 300 000 applicable to all contracts and concessions falling under its scope;

- 93/36/EEC and 92/50/EEC: two thresholds, of EUR 130 000 or EUR 200 000, depending on whether the contracting authority has the status of a central or of a non-central authority; applicable to all contracts and to design contests falling under the respective scope of the Directives;

In the event that euro/SDR parity changes result in euro-denominated thresholds exceeding the equivalent in euro of thresholds set - under the GPA - in SDR, it is proposed that the Commission be empowered to adjust the thresholds laid down by the Directive, in euro, in accordance with the appropriate procedures.

8. Common procurement vocabulary

Use of the Common Procurement Vocabulary (CPV) was the subject of a Commission Recommendation in 1996 [25]. This nomenclature represents a further development of and an improvement to the CPC and NACE nomenclatures, in that it is better suited to the specific characteristics of the public procurement sector. Since 1996, the CPV has been used systematically in every notice published in the Supplement to the Official Journal of the European Communities pursuant to the Directives for identification of the subject-matter of the contracts concerned, as well as for translation into the 11 official languages; it has also become an indispensable research criterion in the selection and identification of contract opportunities. The CPV underwent revision at the end of 1998 in the light of operational practice and on the basis of comments received from users (contracting authorities and potential suppliers). In future it will be necessary to derive maximum benefit from the existence of a nomenclature that is specific to public contracts and to amend the provisions of the Directives concerning the use of the various nomenclatures (CPC, NACE and the Combined Nomenclature) by replacing them with the CPV. In the process, however, it will have to be ensured that the scope of the Directives (categories of services in Annexes I A and I B of Directive 92/50/EEC) is not affected. The use of the CPV alone will make it easier to disseminate and access information, thus contributing towards greater transparency and a greater openness of public procurement in Europe. In parallel with this revision of the Directives, the CPV will be the subject of a proposal by the Council and the Parliament. The latter will then formally adopt it as the Community nomenclature applicable to public contracts and will organise its maintenance (arrangements for revision).

[25] Commission Recommendation 96/527/EC of 30 July 1996 on the use of the Common Procurement Vocabulary (CPV) for describing the subject-matter of public contracts (OJ L 222, 3.9.1996).

9. Amendments due to the exclusion of the telecommunications sector from the scope of Directive 93/38/EEC

Public authorities [26] exercising an activity in the telecommunications sector are currently subject to the provisions of Directive 93/38/EEC; as a result, their purchases for the pursuit of that activity are excluded from the scope of the public sector Directives. In parallel with this proposal, the Commission is also proposing that Directive 93/38/EEC be recast, one of the aspects concerned being the exclusion of the telecommunications sector from its scope. If the public sector Directives were not amended, the proposal for a new Directive to replace Directive 93/38/EEC would mean that public authorities would once again be subject to the public sector Directives as regards purchases relating to their activity in the telecommunications sector. However, it would run counter to the logic of the public procurement Directives if the public authorities, who, as things stood (even in the absence of effective competition in the telecommunications sector), were subject to the more flexible provisions of Directive 93/38/EEC were to become subject to the stricter rules of the public sector Directives, although they have - on account of liberalisation - the same profitability incentives as private-sector enterprises, because effective competition has now been introduced in the sector. It is therefore proposed that the public sector Directives be amended to ensure that public authorities continue to be excluded from the scope of these Directives as regards purchases related to their activities in the telecommunications sector (see Article 15 of this proposal).

[26] This means the State, regional or local authorities, bodies governed by public law, or associations formed by one or more of these authorities or bodies governed by public law. See Article 1(1) of Directive 93/38/EEC.

III. Analysis of the articles

Where the amendments made consist in renumbering or in a renumbering of the Article to which reference is made, the provisions are regarded as remaining unchanged in terms of substance. The same applies to changes in wording which have no effect on the content and scope of a provision. Therefore, where the amendments made are of this type, it is pointed out that the provision is unchanged. As regards structure, this proposal also includes a table of contents providing an overview of the restructuring of the texts.

Title I - Definitions and general provisions

Article 1 - Definitions

This Article sets out all the existing definitions in the current three Directives.

The first three subparagraphs of paragraph 2 have been amended to specify that the concepts of public supply contracts, public service contracts and public works contracts cover contracts concluded with one or more economic operators.

In addition, the nature of the services covered by the concept of public service contracts is clarified by reference to Annex I. This is therefore a non-substantive clarification.

Paragraph 3 relates to the different types of mixed contracts, namely contracts comprising both supplies and works (first subparagraph), supplies and services (second subparagraph) or services and works (third subparagraph).

For instance, the content of the current recital 16, as interpreted by the Court of Justice in its judgment of 19 April 1994 in Case 331/92, Gestión Hotelera, has been inserted into the text of the Directive [27], thus clarifying the scope of the text.

[27] In this judgment, the Court found that "according to the sixteenth recital in the preamble to that Directive, it follows from Directive 71/305/EEC that, for a contract to be a public works contract, its object must be the achievement of a work and that, in so far as those works are incidental rather than the object of the contract, they do not justify treating the contract as a public works contract" paragraph 27 of the judgment.

The first subparagraph of paragraph 4 specifies that a "supplier", "service provider" or "contractor" may be any natural or legal person or public body or group of such persons and/or bodies in order to take account of Article 3 governing the participation of such groups.

A second subparagraph has been added, introducing the definition of an "economic operator", covering the terms "supplier", "service provider" and "contractor", depending on the subject of the contract. This new concept has become necessary because of the insertion of the three public sector Directives into a single text.

The third subparagraph defines the terms "tenderer" and "candidate". Those terms are unchanged.

Paragraph 5, relating to the definition of bodies governed by public law, corresponds to the provisions of the current Article 1(b) of Directive 92/50/EEC, the current Article 1(b) of Directive 93/36/EEC and the current Article 1(b) of Directive 93/37/EEC. It remains unchanged.

Paragraph 6, concerning the different types of procedures, corresponds to the provisions of the current Article 1(d), (e) and (f) of Directive 92/50/EEC, the current Article 1(d), (e) and (f) of Directive 93/36/EEC and the current Article 1(e), (f) and (g) of Directive 93/37/EEC. It remains unchanged.

In paragraph 7, the definition of a "framework agreement" has been introduced. These agreements are not public contracts, as only certain terms are fixed, so that no contractual link is established between the contracting authority and the tenderers. This definition has become necessary owing to the introduction of specific provisions (see Article 32) enabling a contracting authority to be exempted from having to follow the procedures under the Directive for each contract, if the contract is awarded pursuant to a framework agreement itself entered into in accordance with the Directive, namely following the procedures of the Directive in all phases except the actual contract award.

In paragraph 8, a new concept has been introduced, viz. the "outline solution", which has already been explained (see point 3.8. of the Explanatory Memorandum). This addition has become necessary as a result of the amendments made to the negotiated procedure with the aim of making a dialogue possible.

Paragraph 9, relating to the term "design contests", corresponds to the provisions of the current Article 1(g) of Directive 92/50/EEC. It remains unchanged.

Paragraph 10, relating to the term "public works concessions", corresponds to the provisions of the current Article 1(d) of Directive 93/37/EEC. It remains unchanged.

In paragraph 11, a definition of "electronic means" has been introduced. The definition is an adaptation of the one from the Commission proposal concerning electronic commerce.

Paragraph 12 inserts a definition of "in writing" to take account of the new data-transmission technologies.

Paragraph 13 defines the CPV as the reference nomenclature applicable to public contracts, not only for identification of the subject-matter of contracts but also for the purpose of defining the scope of the Directive and implementing statistical obligations.

Paragraph 14 states the definitions necessary for purposes of making exclusions from the scope of the public procurement rules, service design contests and works concessions in the telecommunication sector.

Article 2 - Equality of treatment, non-discrimination and transparency

The prohibition of discrimination laid down 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, is unchanged.

Compliance with the principle of equality of treatment and transparency has been added. In accordance with the established case-law of the Court of Justice, the general principle of equality of treatment, of which the prohibition of discrimination on grounds of nationality is no more than a specific expression, is one of the fundamental principles of Community law. Under this principle, analogous situations must not be treated in different ways unless the difference in treatment is justified by objective reasons [28].

[28] Judgment of 8.10.1980 in Case 810/79 Überschär, [1980] ECR p. 2747.

TITLE II - rules on public contracts

chapter I - General provisions

Article 3 - Groups of economic operators

Paragraph 1 represents a clarification, as it specifies that a contracting authority may require that groups of economic operators assume a specific legal form only to the extent that such a change is necessary for the satisfactory performance of the contract.

Such a provision already exists in the current Article 18 of Directive 93/36/EEC; its scope has been extended to include service and works contracts.

Paragraph 2, which corresponds to the current Article 26(2) and (3) of Directive 92/50/EEC, remains unchanged.

Article 4 - Conditions laid down by the agreements concluded within the World Trade Organisation

This Article, which corresponds to the provisions of the current Article 38(a) of Directive 92/50 EEC and of the current Article 33(a) of Directive 93/37/EEC, is unchanged. As regards supply contracts, it brings the text of Article 28 of Directive 93/36/EEC into line with the texts of the two other Directives.

Article 5 - Confidentiality

This Article extends to service and works contracts the obligation already included in the current Article 15(2) of Directive 93/36/EEC to the effect that contracting authorities must respect fully the confidential nature of any information furnished by economic operators.

This obligation is also made necessary, however, by the introduction of a new case for the use of the negotiated procedure allowing a "dialogue" between the contracting authority and candidates; the confidentiality of information must be guaranteed, in particular, where the latter submit an "outline solution" (also covered by Article 30).

chapter II - Scope

Article 6

A new Article has been inserted specifying how the scope is determined. It represents the introduction to Chapter II, "Scope", and is of an explanatory nature. It specifies that the Directive applies to public supply, service and works contracts not excluded under the Directive whose estimated value exceeds the thresholds laid down. In does not include any amendment to the obligations deriving from the current Directives.

Article 7 - Defence procurement

This Article, which corresponds to the provisions of the current Article 4(1) of Directive 92/50/EEC and of the current Article 3 of Directive 93/36/EEC, is unchanged in terms of substance.

Section 1 - Thresholds

Subsection 1 - Amounts

Article 8 - Public contracts

The Directives currently provide for different thresholds according to contracting authority and the type of contract; this sometimes makes determination of the relevant threshold difficult and can lead to uncertainty considering the number of different thresholds. It is therefore proposed to simplify the number of thresholds as far as international obligations allow.

It is therefore proposed to remove all references to "Special Drawing rights - SDRs", the reference currency used in the GPA, and all references to "the euro equivalent of SDRs". All thresholds will be expressed in euros.

The proposal provides for three thresholds, namely EUR 130 000, EUR 200 000 and EUR 5.3 million. Thus the current provisions are simplified without at the same time significantly changing the value of the current thresholds. The effects of the proposal are as follows:

As regards central government authorities, the threshold will fall by EUR 70 000 for certain Annex 1 A services, namely research and development contracts, telecommunications (Annex 1 A, category 5, CPC 7524, 7525 or 7526) and for Annex 1 B contracts. The thresholds will also fall by EUR 9 312 for all the other Annex 1 A services.

As regards non-central government authorities, the threshold will fall by EUR 14 326 for all Annex 1 A services with the exception of certain services, namely research and development contracts, telecommunications (Annex 1 A, category 5, CPC 7524, 7525 or 7526). For the latter services and for Annex 1 B contracts, the threshold remains unchanged.

As regards services contracts subsidised by more than 50% by contracting authorities (see Article 9 of the proposal), the threshold remains unchanged.

As regards works contracts, the threshold will fall by EUR 58 153.

As regards works contracts subsidised by more than 50% by contracting authorities, works concessions and contracts awarded by concessionaires, the threshold will rise by EUR 300 000.

Article 9 - Contracts subsidised by more than 50% by contracting authorities

Because of the simplification of the thresholds, the corresponding articles of the current Directives (Directive 92/50/EEC, Article 3 (3) and Directive 93/37/EEC, Articles 2 and 6 (1) (b)) have been amended. In addition, the provision has been reworded to make it clear that Member States are required to comply with the Directive when they award a contract themselves, and to ensure that it is complied with when the contract is awarded by other bodies. This amendment clarifies the current text without changing the content.

Subsection 2 - Methods for calculating value

Article 10 - Calculating the value of framework agreements

This new Article takes into account the addition of framework agreements to the proposal. It specifies that the aggregate total value of the contracts must be used to calculate the threshold which applies to a framework agreement.

Article 11 - Calculating the value of public supply contracts

This Article corresponds to the current Article 5(1)(b) and (2) to (6) of Directive 93/36/EEC. It is unchanged.

Article 12 - Calculating the value of public service contracts

This Article orresponds to Article 7(2) to (7) of Directive 92/50/EEC. It is unchanged except for a small amendment to the current Article 7(4), which has now been split into several paragraphs, that is, paragraphs 3 to 5. The provisions concerning lots also apply to all service contracts.

Article 13 - Calculating the value of public works contracts

This Article corresponds to Article 6(3) to (5) of Directive 93/37/EEC. It is unchanged.

Section 2 - Extended contracts

Article 14 - Contracts in the water, energy and transport sectors

This Article is an adaptation of existing Articles in the Supply, Services and Works Directives (Articles 2 (a), 1(a)(ii) and 4 (a), respectively), which lay down that only contracts covered by Directive 93/38/EEC are excluded from their scope.

The adaptation clarifies the text which, as it is currently written, mentions that the fields referred to in Directive 93/38/EEC are excluded, but does not specify that this Directive applies solely to entities which carry out the activities concerned, and not to the activities themselves. This change makes it clear that contracting authorities - for example, towns and cities - are subject to Directive 92/50/EEC for transport services, if they do not carry out the activity itself.

Article 15 - Specific exclusions in the field of telecommunications

This is a new Article which reflects the liberalisation of the telecommunications sector with regard to contracting authorities who are active in telecommunications. For the reasons explained above (see point 8 of the explanatory memorandum), the three "traditional" Directives must be amended to ensure that, with regard to purchases intended principally to allow them to exercise a telecommunications activity, the contracting authorities remain excluded from the scope of those Directives [29].

[29] See also the 7th recital to this Directive.

The provisions correspond to the current provisions of Article 1(14) and (15) and Article 2(2)(d) of Directive 93/38/EEC. The effect of these amendments will be that where a contracting authority - for example, a municipality - operates a telecommunications network, its purchases for the exercise of that activity will be excluded from the scope of the "traditional" Directives, and therefore from the scope of this proposal.

Moreover, a proposal to recast Directive 93/38/EEC suggests that telecommunications should be excluded from its scope, including for contracting authorities exercising such activities.

Article 16 - Secret contracts or contracts requiring special security measures

This Article, which corresponds to the provisions of the current Article 4(2) of Directive 92/50/EEC, Article 2(1)(b) of Directive 93/36/EEC, and Article 4(b) of Directive 93/37/EEC, is unchanged.

Article 17 - Contracts awarded pursuant to international rules

This Article corresponds to the provisions of the current Article 5(a) of Directive 92/50/EEC, Article 4(a) of Directive 93/36/EEC, and Article 5(a) of Directive 93/37/EEC and adapts these provisions without modifying their scope.

Article 18 - Contracts excluded from the definition of a public service contract

The only modifications to this Article, which corresponds to the provisions of the current Article 1(a)(iii) to (ix) of Directive 92/50/EEC, concern certain telecommunications services.

Certain provisions of Directive 92/50/EEC have been deleted. These are Article 1(a)(v) and the footnote on page two of Annex IA [30]. The consequence will be that contracting authorities falling within the scope of Directive 92/50/EEC will be required to apply the provisions on service contracts when purchasing, for example, mobile voice telephony services. These services have once again been included in the scope as a result of the liberalisation of the telecommunications sector, which provides its services in a competitive environment.

[30] Both references specify that contracts for voice telephony, telex, radiotelephony, paging and satellite services are excluded from the scope of Directive 92/50/EEC, in so far as these services are provided by operators who have exclusive rights.

Article 19 - Service contracts awarded on the basis of an exclusive right

This Article, which corresponds to the provisions of the current Article 6 of Directive 92/50/EEC, is unchanged.

Chapter III - Arrangements to public service contracts

Article 20 - Service contracts listed in Annex 1 A

This Article, which corresponds to the provisions of the current Article 8 of Directive 92/50/EEC, is unchanged .

Article 21 - Service contracts listed in Annex 1 B

This Article, which corresponds to the provisions of the current Article 9 of Directive 92/50/EEC, is unchanged .

Article 22 - Mixed contracts including services listed in Annex I A and services listed in Annex I B

This Article, which corresponds to the provisions of the current Article 10 of Directive 92/50/EEC, is unchanged.

Chapter IV - Specific rules governing specifications and contract documents

Article 23 - General provisions

A new Article has been added as an introduction to the chapter on the specifications and contract documents. It reiterates the principles inherent in the current Directives, and therefore does not change the existing arrangements.

Paragraph 1 specifies that, for each contract, the contracting authorities shall draw up a set of specifications which clarify and supplement the information contained in the contract notices. It also states that the contracting authorities shall introduce only technical specifications that comply with Article 24 and, if they accept variants, the provisions set out in Article 25 shall apply.

Paragraph 2 specifies that the contracting authorities may require information on the subject of sub-contracting (Article 26) or stipulate conditions concerning obligations relating to employment protection provisions and working conditions (Article 27).

Finally, paragraph 3 provides explicitly for the options allowed by the Court of Justice, namely that contracting authorities may also impose particular conditions concerning the performance of the contract. These conditions must be compatible with the applicable Community law [31].

[31] See judgment of 20.9.1988 in Case 31/87 Beentjes [1988] ECR 4635.

Article 24 - Technical specifications

The main proposed amendment is based on an approach which would enable purchase specifications to be defined in terms of performance to be achieved. In order to ensure that performances are not such as to benefit a national economic operator, the fact that specifications shall not create unjustified obstacles to fundamental freedoms is reiterated.

Moreover, to ensure that this approach does not have the effect of simplifying recourse to the negotiated procedure with prior publication, it is specified that the performance requirements must be sufficiently precise to allow comparable offers and to allow the contracts to be awarded without negotiation. The relevant provisions are set out in the second subparagraph of paragraph 3 of the new Article.

The buyer may nevertheless still define his requirements by referring to detailed specifications; however, he cannot simply use an exhaustive list of specifications. Just as in the provisions of the current Directives, the new provision lists detailed specifications that can serve as a reference (e.g. European, international or national standards, etc.). These specifications give an appropriate level of transparency and ensure agreement as to how they are adopted. The relevant provision is set out in the first subparagraph of paragraph 3 of the proposal. Reference to the technical reference framework adopted by the European standardisation bodies has been added. This allows account to be taken of the "CEN Workshop Agreements", which amount to a new, harmonised technical reference framework in the field of information technologies.

Paragraph 4 corresponds to the provisions of the current Article 10(5)(b) of Directive 93/37/EEC. It takes into account the particularities of works contracts. It is unchanged. To make it explicitly clear that solutions other than detailed specifications must always be possible, it is stated that referring to such specifications does not authorise the contracting authority to reject offers of products or services which do not comply with these detailed specifications, so long as the supplier of goods or services can show that his solution is equivalent to the reference specifications. Any appropriate means (the manufacturer's statement of conformity, or certification by a third party) may be used to demonstrate this. The purpose of this last provision is to ensure that any non-standardised solution can also be taken into consideration; it should allow public purchasers to benefit from a broad choice. The burden of proof will be on the tenderer. The relevant provisions are set out in paragraph 5 of the new Article.

It must also be ensured that this new flexibility (that is to say, specifying in terms of performance) is not abused so as to close markets to competition and question the acquis communautaire regarding standardisation. Therefore, paragraph 6 also states that a public purchaser may not disregard a tender which complies with European or international standards on grounds that the standard would not satisfy the required performance except where the specification is not appropriate (incompatibility with equipment, for example) or if the specification does not deal with the same requirement. This would be the case if the standard covers safety requirements, whilst the buyer's requirements are of an environmental nature. It is for the tenderer to show - for example by means of a technical dossier or a third party's test report - that the solution in compliance with the standard will meet the performance requirement. The relevant provisions are set out in paragraph 6 of the new Article.

Lastly, the provision in the current Directive that forbids referring to brands or a specific origin has not been substantially amended; only the wording has been changed to reinforce its exceptional nature. The relevant provision is in paragraph 7.

Annex VI, which lists and defines the technical specifications, has been modified to take account of changes in the definitions of the concepts in Community law after the amendments made to Directive "98/34/EC - technical standards and regulations" [32]. It makes no changes to the substance of the current text, except for the addition of the concept of technical reference framework adopted by the European standardisation bodies.

[32] Directive 98/34/EC of 22 June 1998 - repealing and replacing Directive 83/189 - OJ L 204, 21.7.1998, p. 37.

Article 25 - Variants

This Article corresponds to Article 24 of Directive 92/50/EEC, Article 16 of Directive 93/36/EEC and Article 19 of Directive 93/37/EEC. The wording of paragraph 1 takes into account the new flexibility regarding technical specifications, and paragraph 3 specifies that rules on technical specifications (Article 24) must be followed when the contracting authorities take variants into account.

Article 26 - Subcontracting

This Article, which corresponds to the provisions of the current Article 25 of Directive 92/50/EEC, Article 17 of Directive 93/36/EEC, and Article 20 of Directive 93/37/EEC, is strengthened in the sense that it gives the contracting authorities the possibility of asking the tenderer to also indicate, in his tender, the designated subcontractors.

Article 27 - Service and works contracts: obligations relating to employment protection provisions and working conditions

This Article, which corresponds to the provisions of the current Article 28 of Directive 92/50/EEC and Article 23 of Directive 93/37/EEC, is unchanged.

Chapter V - Procedures

Article 28 - Use of open, restricted and negotiated procedures

A new paragraph 2 has been added, which explicitly states the principle that the open procedure and the restricted procedure are the standard procedures.

A new paragraph 3 describes the exception, which is that contracting authorities may only use the negotiated procedure in the specific cases and under the specific conditions listed in Articles 29, 30 and 31.

These two paragraphs do not create new obligations. They simply incorporate the substance of the Court's case law into the legislation.

Article 29 - Cases justifying use of the negotiated procedure with publication of a contract notice

In paragraph 1(b), a definition of the new circumstances in which the use of a negotiated procedure is allowed has been introduced. It should be pointed out that the concept is not exhaustively defined in the proposal. The fact is that it is impossible to draw up an exhaustive list of "particularly complex" cases, or even to provide a definition which is valid in the long term and in all circumstances.

Therefore the new provision sets two conditions:

- the award criterion must be the most economically advantageous tender, as price alone is obviously not an appropriate criterion for complex contracts;

- the complexity must be established and able to be objectively justified by the contracting authority. This does not therefore concern subjective impossibility, i.e. due to deficiencies on the part of the contracting authority itself. The authority may not simply affirm that it is unable to provide a definition or an evaluation. On the contrary, the contracting authority must prove that this is objectively impossible, given the nature of the specific contract. Depending on the case, this might mean that the contracting authority would be required to prove that there are no precedents for the project, or that disproportionate time or money would be required to acquire the necessary knowledge.

Of course, within the limits laid down by the other provisions of the Directive, the contracting authorities remain free to use other procedures as well when they could have chosen a negotiated procedure on the basis of the new case. There is no obligation to choose this procedure.

The other cases of negotiated procedures with prior publication of a contract notice are unchanged.

Paragraph 1(a) corresponds to the provisions of the current Article 11(2)(a) of Directive 92/50/EEC, Article 6(2) of Directive 93/36/EEC, and Article 7(2)(a) of Directive 93/37/EEC. It is unchanged.

Paragraph 2 corresponds to the provisions of the Article 11(2)(b) of Directive 92/50/EEC and Article 7(2)(c) of Directive 93/37/EEC. It is unchanged.

Paragraph 3 corresponds to the provisions of the current Article 11(2)(c) of Directive 92/50/EEC . It is unchanged.

Paragraph 4 corresponds to the provisions of the current Article 7(2)(b) of Directive 93/37/EEC. It is unchanged.

Article 30 - Specific rules on particularly complex public contracts

The way the negotiated procedure with prior publication functions in this new case of "particularly complex contracts" is described in paragraph 1 of the new Article 30 (see point 3.8 of the explanatory memorandum). It should be specified that the contracting authorities are in no case required to ask for an outline solution, neither at the beginning of the procedure, nor after having selected the participants in the negotiations.

When the contracting authorities decide to make use of the possibility of requesting an outline solution at the beginning of the procedure, as set out in point (b) of the second subparagraph of paragraph 2, the fourth subparagraph of the same paragraph allows them to set their requirements for economic, financial and technical capacity according to the outline solution. In other words, they may, for instance, ask candidates to prove that they have a turnover of x% of the estimated cost of their outline solution, or that they have the skills and experience needed to implement their proposed solution.

To ensure compliance with the principles of non-discrimination, equality of treatment and transparency in this new form of negotiated procedure [33], the third subparagraph of paragraph 2 and paragraph 4 stipulate that the qualitative selection and award criteria should remain unchanged throughout the procedure. The selection criteria may nonetheless be amended where they have become inappropriate to the final arrangement as set out in the contract documents. They add that the qualitative selection criteria must be given in the contract notice and the award criteria must be given either in the contract notice or in the document specifying the contracting authority's requirements. This is required in order to ensure that the criteria are not established in such a way as to favour a particular solution or candidate. It should also be noted that the provisions in Article 53(2) on indicating the weighting of the award criteria do apply to the new form of negotiated procedure with prior publication. Article 54 concerning abnormally low tenders also applies.

[33] Cf. also the 24th recital to this proposal.

Paragraph 3 lays down that contracting authorities shall set out their needs and requirements as precisely as possible so that these specifications may provide the basis for preparing any outline solutions and the negotiations. By way of derogation from the provisions of Article 24(3), which leaves the contracting authorities the choice of whether to formulate the technical specifications in terms of either performance or functional requirements, or by reference to national standards implementing European standards, paragraph 3 states that contracting authorities may only specify these needs and requirements in terms of performance. The very nature of a "particularly complex contract", where the creativity of those taking part in the negotiations must be given full rein, does not allow these requirements to be specified in precise terms.

Lastly, precisely because participants' creativity is particularly important where complex contracts are concerned, paragraph 9 explicitly permits the contracting authorities to provide for prices and payments to the participants, on the condition that these be taken into account when estimating the value of the contract, and thus, when calculating the threshold.

It should be pointed out that no conclusion contradicting this may be drawn from the fact that these prices and payments are not mentioned elsewhere in the Directive.

Article 31 - Cases justifying use of the negotiated procedure without prior publication of a contract notice

This Article corresponds to the provisions of Article 11(3) of Directive 92/50/EEC, Article 6(3) of Directive 93/36/EEC, and Article 7(3) of Directive 93/37/EEC. These various provisions have been gathered together to take into account the single text, and to avoid repetition. The Article is unchanged.

Article 32 - Framework agreements

This new Article allows the contracting authorities to use a specific procedure, if their purchases follow on from a framework agreement which has been concluded according to the Directive (see the definition of framework agreements in Article 1(7)).

Paragraph 1 provides that contracting authorities who have opted for a framework agreement as defined in Article 1(7) of the Directive must award the contracts based on the framework agreement under the special procedure and hence are not required to comply with the other provisions of the Directive concerning the awarding of contracts.

For the awarding of each contract, the contracting authorities shall reopen competition between the parties to the agreement.

For this purpose, the Article specifies that the contracting authorities must consult in writing the parties to the agreement who may be able to meet their needs, and set a period sufficiently long to permit tendering. They must take into account the special characteristics of each contract.

For their part, the suppliers or service providers shall submit their tenders in writing. Their content must remain confidential until the time-limit for responses set by the contracting authority has expired. The contracting authority may not conclude the contract until this time-limit has expired. Contracts shall be awarded on the basis of the award criteria laid down in compliance with Article 53 of the Directive.

Paragraph 2 emphasises that contracting authorities must comply with the provisions of the Directive for the award of each contract if they have not used the procedure set out in paragraph 7, i.e. if they have not concluded the framework agreement in accordance with the provisions laid down in the Directive. In such cases, they may not make use of the procedure described in paragraph 1.

Paragraph 3 provides that framework agreements are only valid for three years, and, exceptionally and in duly justified cases, for a period of up to five years. In accordance with the Court's case law on derogations, the burden of proof lies with the contracting authority.

Lastly, this paragraph forbids the use of framework agreements in such a way as to restrict or distort competition, since they could close the market to competition.

Article 33 - Public works contracts: particular rules on public housing schemes

This Article, which corresponds to the provisions of the current Article 9 of Directive 93/37/EEC, is unchanged .

Chapter VI - Rules on publication and transparency

Section 1 - Publication of notices

Article 34 - Contract notices

This Article corresponds to the provisions of the current Article 15(1) and (2), Article 16(1), (3) and (5) and Article 17(2), second subparagraph of Directive 92/50/EEC, Article 9 of Directive 93/36/EEC, and Article 11(7), second subparagraph, (2) and (5) of Directive 93/37/EEC. It is unchanged except for two aspects.

The first concerns the specifications according to which notices have to be sent. For reasons explained above in the explanatory memorandum, the provisions containing more detailed technical specifications on publication are combined in a new Annex VIII [see also Article 35(3)]. The common rules on publishing are adapted accordingly, and in all the remaining relevant provisions in the Directive a reference to this new Annex is introduced.

The second aspect concerns framework agreements concluded in accordance with Article 1(7). It would be best to avoid making an award notice necessary for each contract awarded on the basis of a framework agreement. The second subparagraph of paragraph 3 therefore provides for an exemption.

As for public supply contracts, the French version of paragraph 1 (a) which concerns this version only has been changed to replace a reference to the CPA nomenclature with the nomenclature specifically created to meet the public procurement needs, namely the CPV.

Article 35 - Form and manner of publication of notices

First of all, reference is made to the standard forms adopted by the Commission in accordance with the procedure set out in Article 76(2), which must be used for the contract notices. At all events, the minimum information shown in Annex VII must be included in the notices.

Some detailed information regarding the current directives on the publication of notices is contained in new Annex VIII 'Technical Specifications for Publication".

Article 35 includes provisions which have been introduced in response to the widespread use of electronic means of communication (paragraph 4). These specify that if electronic transmission is used, publication shall take place within a maximum of five days. In other cases, the current arrangements - publication time-limit of 12 days, or five days for the accelerated procedure - remain unchanged.

Lastly, paragraph 2 addresses the particular case of framework agreements and regulates the means of publication when a contracting authority makes use of Article 32.

Article 36 - Non-mandatory publication

This Article incorporates the similar provisions of the three public sector Directives providing for Community-wide publication of contracts where application of those Directives is not compulsory. The text has been adapted to take into account the amendments made to the provisions on publication. This Article corresponds to Article 21 of Directive 92/50/EEC, Article 13 of Directive 93/36/EEC and Article 17 of Directive 93/37/EEC on the possibility offered to contracting authorities of publishing notices in accordance with Annex VIII for public contracts which are not subject to publication requirements.

Section 2 - Time-limits

Article 37 - Requests to participate and receipt of tenders

This Article introduces a general principle, adopted from the GPA, that all time-limits must be sufficiently long to enable tenders to be prepared, taking into account in particular their degree of complexity. This general principle is accompanied by specific rules laying down minimum time-limits, which are to be viewed as "safety nets", and which vary depending on the type of procedure chosen.

The time-limits currently set for receipt of tenders in open procedures and for receipt of requests to participate and submit tenders in restricted procedures remain unchanged. The time-limit for requests to participate in negotiated procedures also remains unchanged. The Directives do not lay down a time-limit for the receipt of offers in negotiated procedures. Paragraph 3 fills this gap by providing for a time-limit for the submission of tenders which is the same as that in restricted procedures.

With regard to the shortened time-limits applicable to the receipt of tenders where contracting authorities have published an indicative notice, paragraph 4 provides for harmonisation of the time-limits set both for open procedures and for restricted procedures, i.e. minimum time-limits of 36/26 days, instead of the 36/22 days currently laid down for open procedures and the 26 days currently laid down for restricted procedures. The current lack of time-limit for negotiated procedures is resolved by setting the same time-limits as those for the other procedures.

With the aim of encouraging the use of electronic means, paragraph 5 provides for a reduction by seven days of the time-limits for receipt of tenders in open procedures and of the time-limits for requests to participate in restricted and negotiated procedures where the contracting authority has drawn up and sent the contract notice by electronic means complying with the technical specifications for publication laid down in Annex VIII. This reduction corresponds to the reduction in the time-limits for publishing notices at Community level.

With the same objective, paragraph 6 provides for a reduction by five days of the time-limits for receipt of tenders, which can be cumulated with the previous reduction, where the contracting authority offers free direct access by electronic means to the entire contract documents and any other documents required to draw up tenders as from the date on which the contract notice is sent.

Paragraph 8 incorporates Articles 11(6) of Directive 93/36/EEC, 18(5) of Directive 92/50/EEC and 12(5) of Directive 93/37/EEC.

Paragraph 9 adapts the current provisions relating to accelerated procedures to take into account the use of electronic means for drawing up and sending the contract notice. In this case, the time-limit for receipt of requests to participate is 10 days from the date on which the contract notice is sent, instead of 15.

The reductions justified by the use of electronic means and the time-limits set for accelerated restricted and negotiated procedures are not applicable to particularly complex contracts awarded under the procedural rules laid down in Article 30.

Article 38 - Contract documents and additional information

This Article, which corresponds to the provisions of Article 18(3) and (4), Article 19(6) and Article 20(2) of Directive 92/50/EEC, Article 10(2) and (3), Article 11(5) and Article 12(2) of Directive 93/36/EEC and Article 12(3) and (4), Article 13(6) and Article 14(2) of Directive 93/37/EEC remains unchanged, but addresses publication by electronic means.

Section 3 - Information content and means of transmission

Article 39 - Means of transmission of requests to participate

A new provision is inserted to allow the introduction of the use of electronic means for requests to participate. Means of communication no longer commonly in use (telex and telegram) have been deleted. The telephone has been deleted from the means that can be used.

Furthermore, provisions resulting from recent modifications [34] allowing Member States to authorise the submission of tenders "by any other means" need to be extended as a rule to all types of communications and exchanges of information and, where appropriate, adapted. The relevant Articles, i.e. Article 19(5) and Article 20(3) of Directive 92/50/EEC, Article 11(4) and Article 12(3) of Directive 93/36/EEC, and Article 13(5) and Article 14(3) of Directive 93/37/EEC, are amended accordingly.

[34] Directive 97/52/EC of 13.10.1997, OJ L 328.

Article 40 - Invitations to submit a tender or negotiate

This Article incorporates the provisions on restricted and negotiated procedures (Article 19(2) of Directive 92/50/EEC, Article 11(2) and Article 12(3) of Directive 93/36/EEC and Article 13(2) and Article 14(3) of Directive 93/37/EEC) and takes electronic means into account as well as the new case of invitation to negotiate when especially complex contracts are concerned.

Article 41 - Information to candidates and tenderers

This Article, which corresponds to the provisions of the current Article 12(1) and (2) of Directive 92/50/EEC, of the current Article 7(1) and (2) of Directive 93/36/EEC and of the current Article 8(1) and (2) of Directive 93/37/EEC, is unchanged.

Section 4 - Means of communication

Article 42

This is a provision putting electronic means on an equal footing with other means of communication. Moreover, obsolete technologies - such as the telex - are no longer mentioned (paragraph 1).

Paragraph 2 provides the requisite guarantees concerning the integrity and confidentiality of tenders, including in the event of electronic means being used.

Paragraph 3 takes account of the fact that, in the case of tenders being transmitted by electronic means, some documents, certificates and declarations that may be required for the selection of candidates cannot be transmitted by the same means. Provision is therefore made for their being transmitted by other means at the latest on the day before the tenders are opened.

Finally, paragraph 4 contains a key provision for guaranteeing that electronic means are not used for the purpose of reserving contracts: it stipulates that, whatever means is chosen, it must not have the objective or effect of hindering the smooth running of the internal market.

Articles 23(2) of Directive 92/50/EEC, 15(3) of Directive 93/36/EEC and 18(2) of Directive 93/37/EEC are therefore amended.

Section 5 - Reports

Article 43 - Content of reports

This Article corresponds to the provisions of Article 12(3) of Directive 92/50/EEC, of Article 7(3) of Directive 93/36/EEC and of Article 8(3) of Directive 93/37/EEC.

However, the list of elements to be inserted into reports is extended to include two further items of information: the reasons for the rejection of tenders found to be abnormally low and the reasons why the contracting authority has decided not to award a contract.

This amendment simplifies the obligations currently imposed on contracting authorities to inform the Commission of tenders which they find to be too low in cases of awarding to the lowest bidder (Articles 37, third indent, of Directive 92/50/EEC, 27, third indent, of Directive 93/36/EEC and 30(4), third indent, of Directive 93/37/EEC) and to inform the Office for Official Publications of the European Communities of their reasons for not awarding a contract in respect of which a prior call for competition was made or for not recommencing a procedure (Articles 12(2) of Directive 92/50/EEC, 7(2) of Directive 93/36/EEC and 8(2) of Directive 93/37/EEC).

Chapter VII - Conduct of the procedure

Section 1 - General provisions

Article 44 - Selection of participants and award of contracts

The objective of this Article is threefold:

- to introduce Chapter VII with a preliminary paragraph, explaining that contracts are awarded after the suitability of the economic operators has been checked. With a view to making such checks more transparent, additions have been made, via paragraph 2, to the operative provisions of the current Directives referring to the only criteria of qualitative selection (Articles 23(1) of Directive 92/50/EEC, 15(1) of Directive 93/36/EEC and 18(1) of Directive 93/37/EEC) to allow the contracting authorities to determine the level of capacity and experience required for a specific contract, as they are already permitted to do under the case-law of the Court of Justice [35];

[35] Bellini and Beentjes judgments.

- to specify how contracting authorities can eliminate tenderers, in the case of open procedures, and candidates, in the case of restricted and negotiated procedures, and, in parallel, how they must reject them;

- to set out how contracting authorities who, in restricted procedures and in negotiated procedures with the publication of a contract notice, have set a range or maximum number of candidates to invite to tender, can effect that reduction.

Paragraph 3 builds on paragraph 2, stipulating that no candidate can be excluded from a procedure on the basis of criteria or levels of capacity and experience not previously publicised.

Paragraph 4 addresses the conditions under which contracting authorities can restrict the number of candidates in a restricted or negotiated procedure to achieve the range or maximum number they have set (see Article 45). This restriction must be based on objective selection criteria; this means that only those criteria may be used. Moreover, the levels of ability and experience required must be set out in the contract notice.

Paragraph 5 explicitly provides for the duty, in any type of procedure, to eliminate competitors who do not have the abilities or the experience previously demanded by the awarding authority.

Paragraph 6 extends to public works contracts the provisions of Article 32(4) of Directive 92/50/EEC and of Article 23(3) of Directive 93/36/EEC.

Section 2 - Selection

Article 45 - Specific rules governing restricted and negotiated procedures

This Article corresponds to Article 27 of Directive 92/50/EEC, Article 19 of Directive 93/36/EEC and Article 22 of Directive 93/37/EEC.

Paragraph 1 incorporates the texts of paragraph 1 of those Articles.

Paragraph 2, first indent, and paragraph 3 of those Articles are amended to correct the inconsistencies in Directives 92/50/EEC and 93/36/EEC, in which the provisions of the Articles concerned (referring only to a range for restricted procedures and only to a number for negotiated procedures) differ from those of contract notices (which refer to both the number and the range for both procedures) and the inconsistencies between those Directives and Directive 93/37/EEC (range for restricted procedures, number for negotiated procedures, no specific reference for contract notices). This amendment is all the more necessary, since the combination of provisions in Directives 92/50/EEC and 93/36/EEC has been interpreted as making compliance with the minimum numbers of candidates to be invited to submit a tender compulsory only in cases where a range is set.

Paragraph 2 therefore allows for the fixing of only a minimum number of candidates whom it is proposed to invite (though the number may be exceeded at the time of the invitation), or else of such minimum together with a maximum. It is further provided that the maximum must be set out in such a way as not to restrict competition, which means that its determination must have regard to the market. The obligation to state numbers in the contract notice remains unchanged.

The current provision that, in restricted procedures, the number of candidates invited to tender must, in any event, be sufficient to ensure genuine competition (paragraph 2, second indent, of the Articles referred to above) has been deleted so that contracts in respect of which a call for competition has already been made are not subject to additional procedures. It remains the case that contracting authorities are free to reopen competition in relation to these contracts for objective reasons.

Section 3 - Criteria for qualitative selection

Article 46 - Personal situation of the candidate or tenderer

This Article corresponds to the provisions of the current Article 29 of Directive 92/50/EEC, of the current Article 20 of Directive 93/36/EEC and of the current Article 24 of Directive 93/37/EEC. Paragraph 1(f) brings the text of Article 29, first indent, (f) of Directive 92/50/EEC into line with the corresponding parts of Directives 93/36/EEC and 93/37/EEC.

A new obligation has been introduced as paragraph 1 of this Article, under which contracting authorities are obliged to exclude from a call for tenders any tenderer who has been the subject of a final judgment for membership of a criminal organisation, for corruption or for fraud against the financial interest of the Community. This obligation strengthens the Community's arsenal of means of combating these phenomena. They are based on a Community definition of these phenomena.

Furthermore, the cases in which competitors may lawfully be eliminated have been extended. In paragraph 2, point (h), it is proposed to allow the exclusion of any economic operator who has been sentenced, whether or not by final judgment, on grounds of fraud or of any other illegal activity within the meaning of Article 280 of the Treaty, apart from the activities set out in paragraph 1, point (c), which make exclusion compulsory. Similarly, the right to exclude participants for an offence concerning their professional conduct has been extended to cases of non-final judgments.

Article 47 - Suitability to pursue the professional activity

This Article, which takes over the substance of the provisions of the current Article 30 of Directive 92/50/EEC, of the current Article 21 of Directive 93/36/EEC and of the current Article 25 of Directive 93/37/EEC, is unchanged except for one minor amendment: the relevant professional and trade registers and the declarations and certificates for each Member State (see Article 30(3) of Directive 92/50/EEC, Article 21(2) of Directive 93/36/EEC and Article 25 of Directive 93/37/EEC) are provided in the Annexes (see Annexes IX A, IX B and IX C).

Article 48 - Financial and economic standing

This Article, which corresponds to the provisions of the current Article 31 of Directive 92/50/EEC, of the current Article 22 of Directive 93/36/EEC and of the current Article 26 of Directive 93/37/EEC, is unchanged.

Article 49 - Technical and/or professional capability

This Article, which corresponds to the provisions of the current Article 32 of Directive 92/50/EEC, of the current Article 23 of Directive 93/36/EEC and of the current Article 27 of Directive 93/37/EEC, is unchanged.

Article 50 - Quality assurance standards

This Article, which corresponds to the provisions of the current Article 33 of Directive 92/50/EEC, is unchanged. It does, however, introduce an amendment by extending these rules to public works contracts and public supply contracts. This extension is justified by the fact that quality assurance is widespread in all sectors.

Article 51 - Additional documentation and information

This Article, which corresponds to the provisions of the current Article 34 of Directive 92/50/EEC, of the current Article 24 of Directive 93/36/EEC and of the current Article 28 of Directive 93/37/EEC, is unchanged.

Article 52 - Official lists of approved economic operators

This Article, which corresponds to the provisions of the current Article 35 of Directive 92/50/EEC, of the current Article 25 of Directive 93/36/EEC and of the current Article 29 of Directive 93/37/EEC, is unchanged.

Section 4 - Award of contracts

Article 53 - Contract award criteria

A new paragraph 2 has been included. It lays down the obligation for contracting authorities to specify at the start of the procedure the relative weighting given to each of the award criteria chosen to determine the most economically advantageous tender. This weighting could be expressed in terms other than those of percentages, but could in no case be limited to the indication of a simple descending order of importance attaching to these criteria. This allows 99% or 51% of the relative value to be attached to the first criterion, leaving tenderers unable to draw up informed tenders.

In certain exceptional cases, i.e. when the nature of the contract makes it impossible to fix the relative weighting of each criterion at the start of the procedure, the contracting authorities must indicate the value of each award criterion at the latest when the invitation to tender is made [restricted and negotiated procedures] and, where the new procedure for particularly complex contracts is used (see Article 30), at the latest when the invitation to negotiate is made (see also recital 30).

Article 30(3) of Directive 93/37/EEC, referring to the possibility of using award criteria other than those specified in its paragraph 1, is deleted for the following reasons: firstly, the explanatory memorandum relating to the proposal [36] for what became Directive 93/36/EEC stated, in relation to the corresponding provision of Directive 88/295/EEC [37] that "Reports from the Member States show that there are no schemes eligible to benefit from the provision of the old Article 25(4) [38]...". This provision was thus deleted from Directive 93/36/EEC. What is more, the explanatory memorandum relating to the amended proposal [39] for what became Directive 92/50/EEC stated that the proposal (like the Directive as adopted) no longer contained any provisions corresponding to that of Article 30(3) of Directive 93/37/EEC. It was added that this deletion was in accordance with the recent judgments of the Court of Justice of the European Communities [40] and with the Commission's viewpoint with regard to the compatibility of preferential systems with Article 28 [41] of the Treaty. This provision is thus also no longer featured in Directive 92/50/EEC. However, the current provisions of Article 30(3) were introduced by Directive 89/440/EEC, i.e. before the judgment of the Court cited above and before the Commission had received confirmation that there were no longer any schemes eligible to benefit from this exception. It was thus not possible to draw any conclusions for that Directive. It is now appropriate [42], therefore, to draw the conclusions from these factors and thus delete this provision and bring the provisions of all the Directives into line [43].

[36] COM(92) 346 final of 7.9.1992.

[37] Council Directive 88/295/EEC of 22 March 1988 amending Directive 77/62/EEC relating to the coordination of procedures on the award of public supply contracts and repealing certain provisions of Directive 80/767/EEC, OJ L 127, 20.5.1988.

[38] Corresponding to Article 35(1) of the current Directive.

[39] COM (91) 322 final of 30.8.1991.

[40] Judgment of the Court dated 20 March 1990, Du Pont de Nemours Italiana S.p.A. v Unità Sanitaria Locale No 2 di Carrarain Case C-21/88 [1990] ECR I-889.

[41] Ex Article 30.

[42] Given that the substance of the acquis communautaire was not called into question during the adoption of either Directive 93/37/EEC or Directive 97/52/EC.

[43] Similarly, the proposal for a Directive relating to utilities deleted the corresponding Article of Directive 93/38/EEC.

The provisions set out in the current Article 31 of Directive 93/37/EEC have not been taken over, as this paragraph is of historic interest only - its applicability having expired on 31 December 1992.

Article 54 - Abnormally low tenders

This Article, which corresponds to the provisions of the current Article 37 of Directive 92/50/EEC, of the current Article 7 of Directive 93/36/EEC and of the current Article 30(4) of Directive 93/37/EEC, is unchanged.

Nevertheless, a new paragraph is added laying down specific rules for tenders which are abnormally low as a result of obtaining State aid.

Title III - Granting of special or exclusive rights

Article 55 - Compulsory stipulation

This Article, which corresponds to the provisions of the current Article 2(2) of Directive 93/36/EEC, is unchanged.

Title IV - Rules governing service design contests

This Part groups together all the previously dispersed provisions of Directive 92/50/EEC applicable to design contests and, in the interests of clarity, sets out all provisions common to public contracts and design contests.

Article 56 - General provisions

This Article, which corresponds to the provisions of the current Article 13(3) and (4) of Directive 92/50/EEC, is unchanged .

Article 57 - Scope

The current Article 13(1) and (2) of Directive 92/50/EEC has been reformulated to make it easier to read and so as to take account of the new thresholds applicable to design contests, which have been brought into line with those applicable to public contracts.

Article 58 - Exclusions from the scope

This new provision incorporates mutatis mutandis the exclusions from the scope of the Directive which are referred to in Articles 14, 15 and 17, currently applicable to public contracts only.

Article 59 - Notices

Paragraph 1, which corresponds to the provisions of the current Article 15(3) of Directive 92/50/EEC, is unchanged.

Paragraph 2, first subparagraph, corresponds to Article 16(2), second indent, of Directive 92/50/EEC. It is unchanged.

Paragraph 2, second subparagraph, takes over Article 16(5) of Directive 92/50/EEC. It is unchanged

Paragraph 3 incorporates mutatis mutandis Article 36, applicable to public contracts.

Article 60 - Form and manner of publication of notices

This Article incorporates mutatis mutandis Article 35, applicable to public contracts.

Article 61 - Means of communication

This Article incorporates mutatis mutandis Article 42, applicable to public contracts.

Article 62 - Selection of competitors

This Article, which corresponds to the provisions of the current Article 13(5) of Directive 92/50/EEC, is unchanged.

Article 63 - Composition and decisions of the jury

This Article, which corresponds to the provisions of the current Article 13(6) of Directive 92/50/EEC, is unchanged .

Title V - Rules on concessions

This Part groups together all the previously scattered provisions of Directive 93/37/EEC applicable to concessions.

Chapter I - Rules governing public works concessions

Article 64 - Scope

This Article, which corresponds to the provisions of the current Article 3(1) of Directive 93/37/EEC, is unchanged except for the threshold brought into line with that for public works contracts.

Article 65 - Exclusions from the scope

This new provision inserts mutatis mutandis the exclusions from the scope of the Directive which are referred to in Articles 15, 16 and 17, currently applicable to public contracts only.

Article 66 - Publication of the notice

The first paragraph, which corresponds to the provisions of the current Article 11(3) of Directive 93/37/EEC, is unchanged. The other paragraphs incorporate mutatis mutandis the provisions of Articles 35 and 36, applicable to public contracts.

Article 67 - Time-limit for the submission of applications

This Article, which corresponds to the provisions of the current Article 15 of Directive 93/37/EEC, is unchanged.

Article 68 - Subcontracting

This Article, which corresponds to the provisions of the current Article 3(2) of Directive 93/37/EEC, is unchanged .

Chapter II - Rules on contracts awarded by concessionaires

Article 69 - Rules applicable when the concessionaire is a contracting authority

This Article, which corresponds to the provisions of the current Article 3(3) of Directive 93/37/EEC, is unchanged.

Article 70 - Rules applicable when the concessionaire is not a contracting authority

This Article is used to refer to the provisions of Articles 71 to 73.

Article 71 - Publication rules: threshold and exceptions

This Article, which corresponds to the provisions of the current Article 3(4) of Directive 93/37/EEC, is unchanged except for a minor amendment linked to the simplification of thresholds: the threshold has been brought into line with that laid down for public works contracts.

Article 72 - Publication of the notice

This Article, which corresponds to the provisions of the current Article 3(4), first subparagraph, and Article 11(4) and (6), first subparagraph, of Directive 93/37/EEC, is unchanged, but makes reference to the standard form adopted by the Commission in accordance with the procedure set out in Article 76(2).

A new paragraph 4 provides for the possibility of voluntary publication and thus incorporates mutatis mutandis Article 36, applicable to public contracts.

Article 73 - Time-limit for the receipt of requests to participate and the receipt of tenders

This Article, which corresponds to the provisions of the current Article 16 of Directive 93/37/EEC, is unchanged.

Title vi - Statistical duties, executory powers and final provisions

Article 74 - Statistical duties

This Article takes over the same duty to communicate a statistical report as is currently found in Article 39(1) of Directive 92/50/EEC, Article 31(1) of Directive 93/36/EEC and Article 34(1) of Directive 93/37/EEC).

Article 75 - Content of the statistical report

Article 75 takes over the content of paragraphs 2 of the Articles cited in the discussion of Article 74. For greater ease of understanding, it has been reformulated without substantially changing the content. However, amendments have been made as a result of proposals relating to thresholds and the CPV nomenclature.

Article 76 - Advisory Committee

This Article, which corresponds to the provisions set out in Article 40 of Directive 92/50/EEC, Article 32 of Directive 93/36/EEC and Article 35(3) of Directive 93/37/EEC, is unchanged except for the removal of the reference to the telecommunications committee in Article 40(2) of Directive 92/50/EEC following the exclusion of telecommunications. For this committee, the new advisory procedure set out in Article 3 of Decision 1999/468/EC applies.

Article 77 - Revision of thresholds

This Article corresponds to Article 16(4) and Article 43 of Directive 92/50/EEC, Article 29(3) of Directive 93/36/EEC and Article 35(1) and (2) of Directive 93/37/EEC.

However, the Article is enlarged by provisions which, within the limits of the GPA, will ensure the ongoing simplification of the thresholds proposed.

To the extent that the thresholds will henceforth be denominated in euro, it is necessary to provide scope for adjusting them if changes in the parity between the SDR (Special Drawing Right) and the euro make the euro-denominated thresholds higher than those expressed in SDR, as it is these thresholds which determine the European Union's international commitments within the WTO.

Article 77 thus introduces the possibility of adjusting the euro-denominated thresholds, where justified by changes in SDR/euro parity, in order to bring them back to their equivalent value in SDR, rounded down to the nearest ten thousand euro - so as to obtain straightforward (round-figure) thresholds.

It is proposed to delegate these powers to the Commission, acting in accordance with the procedure under Article 76(2).

Such revision is liable to take place every two years when the SDR/euro parity is reviewed.

Article 78 - Amendments

This Article compiles the Articles and Annexes capable of being amended by the Commission in accordance with the "comitology" procedure under Article 76(2). These involve, in particular, contract notices, nomenclature, lists of bodies and authorities cited in the Annexes, and statistical reports. The powers are, in part, already provided for in the current directives, to which is added the adaptation of Annex VIII (technical publication specifications) in the light of technical progress.

Article 79 - Implementation

Article 80 - Repeals

Article 81 - Entry into force

Article 82 - Addressees

2000/0115 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,

Having regard to the proposal from the Commission [44],

[44] OJ C

Having regard of the opinion of the Economic and Social Committee [45],

[45] OJ C

Having regard of the opinion of the Committee of the Regions [46],

[46] OJ C

Acting in accordance with the procedure set out in Article 251 of the Treaty [47],

[47] OJ C

Whereas:

(1) Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts [48], Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts [49], and Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts [50] were last amended by European Parliament and Council Directive 97/52/EC [51]. On the occasion of further amendments, which are necessary to meet the requirements for simplification and modernisation expressed by contracting authorities and economic operators in their replies to the Green Paper adopted by the Commission on 27 November 1996 [52], it is therefore appropriate for reasons of clarity, to recast the Directives in a single text.

[48] OJ L 209, 24.7.1992, p. 1.

[49] OJ L 199, 9.8.1993, p. 1.

[50] OJ L 199, 9.8.1993, p. 54.

[51] OJ L 328, 28.11.1997, p. 1.

[52] COM(96) 583 final.

(2) The attainment of freedom of movement of goods in respect of public supply contracts, and the attainment of freedom of establishment and freedom to provide services in respect of public services contracts and public works contracts, whereby such contracts are awarded in Member States on behalf of the State or regional or local authorities or other bodies governed by public law, entail not only the abolition of restrictions but also the implementation of provisions relating to the coordination of national procedures for the award of public contracts. The provisions should be based on the rules governing those three freedoms and on the principles flowing from them, such as the principles of equal treatment, of which the principle of non-discrimination is but one specific expression, mutual recognition, proportionality, transparency, and also on the introduction of effective competition in public contracts. As a consequence, these coordination provisions should therefore be interpreted in accordance with the abovementioned rules and principles as well as the other rules of the Treaty.

(3) These coordination provisions should, as far as possible, have regard to the procedures and practices in force in each of the Member States.

(4) 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 (1986-1994) [53] in particular approved the Agreement on Government Procurement, hereinafter referred to as the "Agreement", the aim of which is to establish a balanced multilateral framework of rights and obligations regarding government procurement with a view to achieving the liberalisation and expansion of world trade. 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 Agreement has no direct effect. Accordingly, the contracting authorities covered by the Agreement which comply with these coordination provisions and which apply the same provisions as regards the economic operators of the third countries signatory to the Agreement, should have regard to the Agreement. This Directive should also secure, for economic operators established in the Community, conditions for participation in public procurement which are as favourable as those of economic operators of the third countries being signatories to the Agreement.

[53] OJ L 336, 23.12.1994, p. 1.

(5) The multitude of thresholds for application of the coordination provisions currently in force is a source of complication for contracting authorities. In addition, the thresholds should be laid down in euro. The thresholds should therefore be laid down in euro in a manner that makes it easier to apply these provisions, while ensuring compliance with the thresholds in the Agreement which are expressed in terms of special drawing rights. For these reasons, thresholds expressed in euro should also be revised periodically to account, if necessary, for any fall in the value of the euro in relation to the special drawing right.

(6) The public contracts awarded by contracting authorities operating in the water, energy and transport sectors and relating to these activities are covered by Directive 2000/.../EC of the European Parliament and of the Council [water] [54]. However, contracts awarded by contracting authorities in relation to their use of sea, inshore or inland waterway transport services fall within the scope of this Directive.

[54] OJ L

(7) In view of the situation of effective competition in contracts in the telecommunications sector following the implementation of the Community rules aimed at liberalising that sector, public contracts relating to telecommunications should be excluded from the scope of this Directive whenever they are awarded with the sole objective of enabling contracting authorities to carry out specific activities in the telecommunications sector.

(8) Provision should be made for exceptional cases where measures concerning the coordination of procedures may not necessarily be applied on grounds of State security or secrecy or due to the applicability of specific procurement rules such as those pursuant to international agreements, those concerning the stationing of troops, or the rules of international organisations.

(9) In accordance with Article 163 of the Treaty, the encouragement of research and development is a means of strengthening the scientific and technological basis of European industry, and the opening-up of public service contracts contributes to this end. The cofunding of research programmes should not be an objective of this Directive; research and development service contracts other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority, are not therefore covered by this Directive.

(10) Public service contracts relating to the acquisition or rental of immovable property or to rights thereon have particular characteristics, which make the application of procurement rules inappropriate.

(11) The award of public contracts for certain audiovisual services in the broadcasting field should be able to take into account considerations of cultural and social importance which make the application of procurement rules inappropriate.

(12) Arbitration and conciliation services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules.

(13) Financial services covered by this Directive should not include the instruments of monetary policy, exchange rate, public debt, reserve management, and other policies involving transactions in securities and other financial instruments. Accordingly, contracts in connection with the issue, sale, purchase or transfer of securities and other financial instruments are not covered. The services provided by the central bank are also excluded.

(14) The field of services is best delineated, for the purpose of applying the procedural rules of this Directive and for monitoring purposes, by subdividing it into categories corresponding to particular headings of a common classification and by bringing them together in two annexes, 1 A and 1 B, according to the regime to which they are subject. As regards services in Annex 1 B, the relevant provisions of this Directive should be without prejudice to the application of Community rules specific to the services in question.

(15) With regard to public service contracts, full application of this Directive should be limited, for a transitional period, to contracts for which its provisions will enable the full potential for increased cross-frontier trade to be realised. Contracts for other services need to be monitored during this transitional period before a decision is taken on the full application of this Directive. The mechanism for such monitoring needs to be defined. This mechanism must, at the same time, enable interested parties to have access to the relevant information.

(16) Contracting authorities may seek or accept advice which may be used in the preparation of specifications for a specific contract, provided, however, that such advice does not have the effect of precluding competition.

(17) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To this end, it must be possible to submit bids which reflect the diversity of technical solutions. Accordingly, it must be possible to draw up the technical specifications in terms of functional performance and requirements, and, where reference is made to the European standard or, in the absence thereof, to the national standard, other equivalent arrangements must be accepted. To demonstrate equivalence, tenderers should be permitted to use any form of evidence. Reference to specifications stipulating a particular origin should remain the exception.

(18) For certain particularly complex contracts, contracting authorities may find it objectively impossible to define the tools likely to meet their needs or assess what the contract can offer in terms of technical or financial solutions without this being attributable to a lack of information or deficiencies on their part. Provision should therefore be made for a negotiated procedure, with a call for competition which is sufficiently flexible to deal with these situations. In these cases, the sole aim of negotiation should be to permit the contracting authority, through dialogue with the candidates, to explain its requirements and define them with the necessary precision so that tenders can be formulated and assessed objectively so as to ascertain the most advantageous tender in economic terms. It should therefore be limited to the phase of the procedure which ends with the drawing-up of the definitive contract documents; tenders drawn up on the basis of those contract documents cannot therefore be open to negotiation. This flexibility is granted subject to observance of the principles of equal treatment, non-discrimination and transparency.

(19) Certain new buying techniques have developed in Member States and meet the needs of contracting authorities. A Community definition of these buying techniques, known as "framework agreements", should therefore be provided, together with specific rules allowing competition to be reopened between the parties to the framework agreement for the award of public contracts on the basis of that agreement in order to ensure that the contracting authorities have security of supply at the best value for money. The reopening of competition should comply with the special rules on the advertising, time-limits and conditions for the submission of tenders to prevent markets from being partitioned and to ensure that the principle of equal treatment is observed. For the same reasons, the term of the framework agreements should not exceed three years, except in cases duly justified by the contracting authority where a longer term is necessary owing to the nature of the contract.

(20) To ensure development of effective competition in the field of public contracts, it is necessary that contract notices drawn up by the contracting authorities of Member States be advertised throughout the Community. The information contained in those notices should enable economic operators established in the Community to determine whether the proposed contracts are of interest to them. For this purpose, operators should be provided with an adequate understanding of the subject-matter of the contract and the conditions to which it is subject. It is therefore appropriate to give greater prominence to published notices, by the use of appropriate instruments such as standard-form contract notices and the nomenclature of the Common Procurement Vocabulary (CPV) laid down by European Parliament and Council Regulation (EC) No .../2000 [55]. In restricted procedures, advertising should particularly seek to enable economic operators of Member States to express their interest in contracts by seeking from the contracting authorities invitations to tender under the required conditions.

[55] OJ L

(21) Additional information concerning contracts should, as is customary in Member States, be given in the contract documents for each contract or else in an equivalent document.

(22) Contract performance conditions are compatible with the Directive provided that they are not directly or indirectly discriminatory with regard to tenderers from other Member States, and provided that they are indicated in the contract notice. They may in particular be intended to favour employment of excluded or disadvantaged people or to fight against unemployment.

(23) In the light of the new information and communications technologies and the simplifications they can bring about in the publication of contracts and in terms of the efficiency and transparency of award procedures, it is appropriate to put electronic means on an equal footing with the conventional means of communicating and exchanging information. As far as possible, the means and the technology chosen should be compatible with the technologies used in other Member States.

(24) European Parliament and Council Directives 1999/93/EC of 13 December 1999 on a Community framework for electronic signatures [56] and .../../EC of [date ...] on certain legal aspects of electronic commerce in the internal market [57] should, in the context of this Directive, apply to the transmission of information by electronic means.

[56] OJ L 13, 19.1.2000, p. 12.

[57] OJ L

(25) The use of electronic means leads to savings in time. As a result, where electronic means are used, provision should be made for reducing the minimum periods, subject however to the condition that they be compatible with the specific modes of transmission envisaged at Community level.

(26) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time-limits [58] should apply to the calculation of the permitted periods laid down in this Directive.

[58] OJ L 124, 8.6.1971, p. 1.

(27) The selection of candidates should be completely transparent. A definition should therefore be provided of the objective criteria that the contracting authorities can use to select the competitors and of the means that the economic operators can use to prove that they satisfy those criteria. With this objective of transparency, the contracting authority should be obliged to set out, as soon as a contract is put up for tender, the selection criteria it will use to make its selection, in addition to the specific capacities it may require of the economic operators to admit them to the contract award procedure.

(28) The relevant Community rules on mutual recognition of diplomas, certificates or other evidence of formal qualifications apply when evidence of a particular qualification is required for participation in an award procedure or a design contest for services.

(29) Contracts should be awarded on the basis of objective criteria which respect the principles of non-discrimination and equality of treatment and ensure that tenders are assessed in conditions of effective competition. Only two award criteria should therefore be applied: that of "lowest price" and that of "the most economically advantageous tender".

(30) In order to ensure compliance with the principle of equality of treatment in the awarding of contracts, the necessary transparency should be ensured and enhanced with regard to the criteria chosen to determine the most economically advantageous tender. The contracting authorities should therefore indicate at the start of the procedure the relative weighting given to each of these criteria. It should be more than a simple indication of the descending order of importance attaching to the criteria. For exceptional cases fully justified by the contracting authority where it is not possible to fix the relative weighting at the start of the procedure, it should be possible to allow its indication to be given at a later stage.

(31) The award criteria for the public procurement of services should not prejudice the application of national laws on the remuneration of certain services, such as those on the remuneration of architects or lawyers.

(32) Certain technical conditions and in particular conditions concerning notices, statistical reports and the nomenclature used and the conditions for reference to such nomenclature need to be adopted and amended in the light of changing technical requirements. The lists of contracting authorities in the annexes need to be updated. A fast and flexible adoption procedure should therefore be provided for this purpose. In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [59], the measures for the implementation of this Directive should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.

[59] OJ L 184, 17.7.1999, p. 23.

(33) In order to promote access by small and medium-sized undertakings to public contracts, it is appropriate to provide for subcontracting arrangements.

(34) This Directive should be without prejudice to the obligations laid down on Member States as to the time-limits within which they are required to tranpose Directives 92/50/EEC, 93/36/EEC and 93/37/EEC, those time-limits being set out in Annex X,

HAVE ADOPTED THIS DIRECTIVE:

CONTENTS

TITLE I

Definitions and general principles

Article 1 - Definitions

Article 2 - Equality of treatment, non-discrimination and transparency

TITLE II

Rules on public contracts

CHAPTER I

General provisions

Article 3 - Groups of economic operators

Article 4 - Conditions laid down by the agreements concluded within the World Trade Organisation

Article 5 - Confidentiality

CHAPTER II

Scope

Article 6 - General

Article 7 - Defence procurement

Section 1 - Thresholds

Subsection 1 - Amounts

Article 8 - Public contracts

Article 9 - Contracts subsidised by more than 50% by contracting authorities

Subsection 2 - Methods for calculating value

Article 10 - Calculating the value of framework agreements

Article 11 - Calculating the value of public supply contracts

Article 12 - Calculating the value of public service contracts

Article 13 - Calculating the value of public works contracts

Section 2 - Excluded contracts

Article 14 - Contracts in the water, energy and transport sectors

Article 15 - Specific exclusions in the field of telecommunications

Article 16 - Secret contracts and contracts requiring special security measures

Article 17 - Contracts awarded pursuant to international rules

Article 18 - Contracts excluded from the definition of a public service contract

Article 19 - Service contracts awarded on the basis of an exclusive right

CHAPTER III

Arrangements for public service contracts

Article 20 - Service contracts listed in Annex 1 A

Article 21 - Service contracts listed in Annex 1 B

Article 22 - Mixed contracts including services listed in Annex I A and services listed in Annex I B

CHAPTER IV

Specific rules governing specifications and contract documents

Article 23 - General provisions

Article 24 - Technical specifications

Article 25 - Variants

Article 26 - Subcontracting

Article 27 - Service and works contracts: obligations relating to employment protection provisions and working conditions

CHAPTER V

Procedures

Article 28 - Use of open, restricted and negotiated procedures

Article 29 - Cases justifying use of the negotiated procedure with publication of a contract notice

Article 30 - Specific rules on particularly complex public contracts

Article 31 - Cases justifying use of the negotiated procedure without publication of a contract notice

Article 32 - Framework agreements

Article 33 - Public works contracts: particular rules on subsidised housing schemes

CHAPTER VI

Rules on advertising and transparency

Section 1 - Publication of notices

Article 34 - Notices

Article 35 - Form and manner of publication of notices

Article 36 - Non-mandatory publication

Section 2 - Time-limits

Article 37 - Requests to participate and receipt of tenders

Article 38 - Contract documents and additional information

Section 3 - Information content and means of transmission

Article 39 - Means of transmission of requests to participate

Article 40 - Invitations to submit a tender or to negotiate

Article 41 - Informing candidates and tenderers

Section 4 - Communication

Article 42 - Means of communication

Section 5 - Reports

Article 43 - Content of reports

CHAPTER VII

Conduct of the procedure

Section 1 - General provisions

Article 44 - Selection of participants and award of contracts

Article 45 - Further rules governing restricted and negotiated procedures

Section 2 - Criteria for qualitative selection

Article 46 - Personal situation of the candidate or tenderer

Article 47- Suitability to pursue the professional activity

Article 48 - Economic and financial standing

Article 49 - Technical and/or professional capability

Article 50 - Quality assurance standards

Article 51 - Additional documentation and information

Article 52 - Official lists of approved economic operators

Section 3 - The award of the contract

Article 53 - Contract award criteria

Article 54 - Abnormally low tenders

TITLE III

Granting of special or exclusive rights

Article 55 - Compulsory stipulation

TITLE IV

Rules governing service design contests

Article 56 - General provisions

Article 57 - Scope

Article 58 - Exclusions from the scope

Article 59 - Notices

Article 60 - Form and manner of publication of notices

Article 61 - Means of communication

Article 62 - Selection of competitors

Article 63 - Composition and decisions of the jury

TITLE V

Rules on concessions

CHAPTER I

Rules governing public works concessions

Article 64 - Scope

Article 65 - Exclusions from the scope

Article 66 - Publication of the notice

Article 67 - Time-limit for the submission of applications

Article 68 - Subcontracting

CHAPTER II

Rules on contracts awarded by concessionaires

Article 69 - Rules applicable when the concessionaire is a contracting authority

Article 70 - Rules applicable when the concessionaire is not a contracting authority

Article 71 - Advertising rules: threshold and exceptions

Article 72 - Publication of the notice

Article 73 - Time-limit for the receipt of requests to participate and receipt of tenders

TITLE VI

Statistical duties, executory powers and final provisions

Article 74 - Statistical duties

Article 75 - Content of statistical report

Article 76 - Advisory Committee

Article 77 - Revision of the thresholds

Article 78 - Amendments

Article 79 - Implementation

Article 80 - Repeals

Article 81 - Entry into force

Article 82 - Addressees

ANNEXES

Annex I - Services referred to in Article 1(2), second subparagraph

Annex I A

Annex I B

Annex II - List of professional activities as set out in Article 1(2), third subparagraph

Annex III - List of bodies and categories of bodies governed by public law referred to in Article 1(5)

Annex IV - Central government authorities

Annex V - List of products referred to in Article 8 concerning the award of contracts by contracting authorities in the field of defence

Annex VI - Definition of certain technical specifications

Annex VII A - Information to be included in public contract notices

Annex VII B - Information to be included in service design contest notices

Annex VII C - Information to be included in public works concession notices

Annex VII D - Information to be included in the notice of works contracts awarded by the concessionaire

Annex VIII - Technical specifications for publication

Annex IX - Professional and trade registers

Annex IX A - Public supply contracts

Annex IX B - Public service contracts

Annex IX C - Public works contracts

Annex X - Deadlines for application of transposition measures (Article 80)

Annex XI - Correlation table

TITLE I

Definitions and general principles

Article 1

Definitions

1. For the purpose of this Directive, the definitions set out in paragraphs 2 to 14 shall apply.

2. "Public supply contracts" means contracts for pecuniary interest concluded in writing between one or more suppliers and a contracting authority and involving the purchase, lease, rental or hire purchase, with or without option to buy, of products.

"Public service contracts" means contracts for pecuniary interest concluded in writing between one or more service providers and a contracting authority relating exclusively or mainly to the provision of services mentioned in Annex I.

"Public works contracts" means contracts for pecuniary interest concluded in writing between one or more contractors and a contracting authority which have as their object either the execution, or both the execution and design, of works related to one of the activities referred to in Annex II or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority. A "work" means the outcome of building or civil engineering works taken as a whole that is sufficient of itself to fulfil an economic or technical function.

3. A public contract covering the delivery of products and, in addition, siting and installation operations shall be considered to be a public supply contract.

A public contract covering both products and services within the meaning of Annex I shall be considered to be a "service contract" if the value of the services in question exceeds that of the products covered by the contract.

A public contract intended to cover services referred to in Annexes IA and IB and including activities referred to in Annex II only by way of addition to the principal object of the contract shall be considered to be a public service contract, and not a public works contract.

4. The terms "supplier", "service provider" or "contractor" mean any natural or legal person or public body or group of such persons and/or bodies which offers, respectively, products, services or the execution of works.

The term "economic operator" shall cover equally a supplier, a service provider or a contractor. An economic operator who has submitted a tender is designated by the term "tenderer". One who has sought an invitation to take part in a restricted or negotiated procedure shall be designated by the term "candidate".

5. "Contracting authorities" means the State, regional or local authorities, bodies governed by public law, associations formed by one or several of such authorities or one or several of such bodies governed by public law.

A "body governed by public law" means any body:

(a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character

and

(b) having legal personality

and

(c) financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.

The non-exhaustive lists of bodies and categories of bodies governed by public law which fulfil the criteria referred to in the second subparagraph are set out in Annex III. Member States shall periodically notify the Commission of any changes of their lists of bodies and categories of bodies.

6. "Open procedures" means those national procedures whereby any interested economic operator may submit a tender.

"Restricted procedures" means those national procedures whereby only those economic operators invited by the contracting authority may submit a tender.

"Negotiated procedures" means those national procedures whereby the contracting authorities consult the economic operators of their choice and negotiate the terms of contract with one or more of these.

7. A "framework agreement" means an agreement between several economic operators and a contracting authority under which the contracting authority, after following the procedures laid down by this Directive up to the award phase, selects the parties to the agreement on the basis of the tenders they have submitted on the basis of objective criteria, such as quality, quantity, technical merit, delivery period or period of completion and price; under this agreement the economic operators undertake, under certain terms laid down by the contracting authority, to fulfil contracts awarded under the agreement.

8. An "outline solution" means a preliminary indication of the type of solution which a candidate intends to propose to meet the needs and requirements of the contracting authority; as regards public service contracts, this outline solution shall not consist in a plan or design within the meaning of paragraph 9.

9. "Design contests" means those national procedures which enable the contracting authority to acquire, mainly in the fields of area planning, town planning, architecture and engineering or data processing, a plan or design selected by a jury after being put out to competition with or without the award of prizes.

10. "Public works concession" means a contract of the same type as the public works contracts referred to in 1(c) except for the fact that the consideration for the works to be carried out consists either solely in the right to exploit the construction or in this right together with payment.

11. "By electronic means" means by means of electronic equipment for the processing (including digital compression) and storage of data transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.

12. "Writing" means any expression consisting of words or figures which can be read, reproduced and subsequently communicated. It may include information which is transmitted and stored by electronic means.

13. The Common Procurement Vocabulary (CPV), adopted by Regulation...., is the reference nomenclature applicable to public contracts.

14. For the specific purposes of Articles 15, 58(2) and 65(1), the following phrases shall have the following meanings:

(a) "public telecommunications network" means the public telecommunications infrastructure which enables signals to be conveyed between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;

(b) a "network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to, and efficient communication through, that public network;

(c) "public telecommunications services" means telecommunications services the provision of which the Member States have specifically assigned to, inter alia, one or more telecommunications entities;

(d) "telecommunications services" means services the provision of which consists wholly or partly in the transmission and routing of signals on the public telecommunications network by means of telecommunications processes.

Article 2

Equality of treatment, non-discrimination and transparency

Contracting authorities shall take all necessary steps to ensure compliance with the principles of equality of treatment, transparency and non-discrimination.

TITLE II

Rules on public contracts

CHAPTER I

General provisions

Article 3

Groups of economic operators

1. Tenders may be submitted by groups of economic operators. These groups may not be required to assume a specific legal form in order to submit the tender; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract.

2. In the procedures for the award of public service contracts, candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service activity, shall not be rejected solely on the grounds that, under the law of the Member State in which the contract is awarded, they would have been required to be either natural or legal persons.

Legal persons may be required to indicate in the tender or the request for participation the names and relevant professional qualifications of the staff to be responsible for the performance of the service.

Article 4

Conditions laid down by the agreements concluded within the World Trade Organisation

For the purposes of the award of contracts by contracting authorities, Member States shall apply in their relations conditions as favourable as those which they grant to economic operators of third countries in implementation of the Agreement on government procurement (hereinafter: "the Agreement"), concluded in the framework of the Uruguay Round multilateral negotiations.

The 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.

Article 5

Confidentiality

Without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 34(3) and 41 respectively, the contracting authorities shall respect fully the confidential nature of any information furnished by the economic operators.

CHAPTER II

Scope

Article 6

General

This Directive shall apply to public supply, service and works contracts not excluded under Section 2 whose estimated value net of value-added tax (VAT) is equal to or greater than the thresholds laid down in Article 8.

Article 7

Defence procurement

This Directive shall apply to public contracts awarded by contracting authorities in the field of defence, except for public supply and service contracts to which the provisions of Article 296 of the Treaty apply.

Section 1

Thresholds

Subsection 1

Amounts

Article 8

Public contracts

The thresholds for the applicability of this Directive shall be as follows:

(a) EUR 130 000 for public supply and service contracts awarded by contracting authorities which are listed as central government authorities in Annex IV; in the case of public supply contracts awarded by contracting authorities operating in the field of defence, this shall apply only to contracts involving products covered by Annex V;

(b) EUR 200 000

- for public supply and service contracts awarded by contracting authorities other than those listed in Annex IV;

- for public supply contracts awarded by contracting authorities which are listed in Annex IV and operate in the field of defence, where these contracts involve products not covered by Annex V;

(c) EUR 5 300 000 for public works contracts awarded by all contracting authorities.

Article 9

Contracts subsidised by more than 50% by contracting authorities

Member States shall take the necessary measures to ensure that contracting authorities which subsidise directly by more than 50% a works contract whose estimated value net of VAT is equal to or greater than EUR 5 300 000 and which involves civil engineering activities in position 45200000 of the CPV in Annex II or relating to building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes, ensure compliance with this Directive where that contract is awarded by one or more entities other than themselves or comply with this Directive where they themselves award that contract for and on behalf of those entities.

The first paragraph shall also apply where contracting authorities subsidise directly, by more than 50%, a service contract whose estimated value net of VAT is equal to or greater than EUR 200 000 which is connected with a works contract within the meaning of the first paragraph.

Subsection 2

Methods for calculating value

Article 10

Calculating the value of framework agreements

1. The basis for calculating the value of a framework agreement shall be the estimated maximum value net of VAT of all the contracts envisaged for the period in question.

2. The value of contracts as referred to in paragraph 1 shall be calculated in accordance with Articles 11, 12 and 13.

Article 11

Calculating the value of public supply contracts

1. For the purposes of calculating the value of public supply contracts, their estimated value shall equal or exceed the threshold concerned at the time of dispatch of the contract notice in accordance with Article 34(2).

2. No procurement requirement for a given quantity of supplies may be split up with the intention of evading the application of this Directive.

3. In the case of contracts for the lease, rental or hire purchase of products, the value to be taken as the basis for calculating the estimated value of the contract shall be:

(a) in the case of fixed-term contracts, where their term is 12 months or less the total contract value for its duration, or, where their term exceeds 12 months, its total value including the estimated residual value;

(b) in the case of contracts for an indefinite period or in cases where there is doubt as to the duration of the contracts, the monthly value multiplied by 48.

4. In the case of regular contracts or of contracts which are to be renewed within a given time, the estimated contract value shall be established on the basis of:

(a) either the actual aggregate value of similar successive contracts awarded over the previous fiscal year or 12 months, adjusted, where possible, for anticipated changes in quantity or value over the 12 months following the initial contract;

(b) or the estimated aggregate value of successive contracts awarded during the 12 months following the first delivery or during the term of the contract, where this is greater than 12 months.

The method of valuation shall not be used with the intention of evading the application of this Directive.

5. If a proposed procurement of supplies of the same type may lead to contracts being awarded at the same time in separate lots, the estimated value of the total sum of these lots shall be taken as the basis for the application of paragraph 3 and of points (a) and (b) of Article 8.

6. Where a proposed contract provides for options, the basis for calculating the estimated contract value shall be the maximum permitted total amount of the purchase, lease, rental, or hire-purchase, including use of the option clauses.

Article 12

Calculating the value of public service contracts

1. For the purposes of calculating the estimated amount of a contract, the contracting authority shall include the estimated total remuneration of the service provider, taking account of the provisions set out in paragraphs 2 to 8.

2. Where a proposed contract provides for options, the basis for calculating the contract value shall be the maximum permitted total amount, including use of the option clauses.

3. For the purposes of calculating the estimated contract value for the following types of services, account shall be taken, where appropriate:

(a) of the premium payable, in the case of insurance services,

(b) as regards banking and other financial services, of fees, commissions and interest as well as other types of remuneration,

(c) of fees or commissions, in the case of design contracts.

4. Where the services are subdivided into several lots, each one the subject of a contract, the value of each lot shall be taken into account for the purpose of calculating the applicable threshold.

5. Where the value of the lots is equal to or greater than the applicable threshold, the provisions of this Directive shall apply to all lots. A contracting authority need not apply the first indent of points (a) and (b) of Article 8 to any lots which have an estimated individual value net of VAT of less than EUR 80 000, provided that the total value of such lots does not exceed 20% of the total value of the lots.

6. In the case of contracts which do not specify a total price, the value to be taken as the basis for calculating the estimated contract value shall be:

(a) in the case of fixed-term contracts, where their term is 48 months or less, the total contract value for its duration;

(b) in the case of contracts of indefinite duration or with a term of more than 48 months, the monthly value multiplied by 48.

7. In the case of regular contracts or contracts which are to be renewed within a given time, the contract value shall be established on the basis of:

(a) either the actual aggregate cost of similar contracts for the same categories of services awarded over the previous fiscal year ot twelve months, adjusted, where possible, for anticipated changes in quantity or value over the twelve months following the initial contract,

(b) or the estimated aggregate cost during the twelve months following the first service performed or during the term of the contract, where this is greater than twelve months.

8. The selection of the valuation method shall not be used with the intention of evading the application of this Directive, nor shall any procurement requirement for a given amount of services be split up with the intention of evading the application of this Article.

Article 13

Calculating the value of public works contracts

1. When calculating the thresholds referred to in point (c) of Article 8 and the amounts referred to in points (a) and (b) of Article 31(4), account shall be taken not only of the value of the public works contracts but also of the estimated value of the supplies needed to carry out the works and made available to the contractor by the contracting authorities.

2. No work or contract may be split up with the intention of evading the application of this Directive.

3. Where a work is subdivided into several lots, each one the subject of a contract, the value of each lot must be taken into account for the purpose of calculating the threshold referred to in point (c) of Article 8.

Where the aggregate value of the lots is equal to or greater than this threshold, the provisions of point (c) of Article 8 shall apply to all lots.

However, a contracting authority need not apply point (c) of Article 8 to any lots which have an estimated individual value net of VAT of less than EUR 1 million, provided that the total value of such lots does not exceed 20% of the total value of the lots.

Section 2

Excluded contracts

Article 14

Contracts in the water, energy and transport sectors

This Directive shall not apply to public contracts covered by Directive 2000/00/EC [water] which are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 6 of that Directive and are awarded for the pursuit of such activities, nor to public contracts excluded from the scope of that Directive under Articles 5(2), 20 and 27 thereof.

Article 15

Specific exclusions in the field of telecommunications

This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services.

Article 16

Secret contracts and contracts requiring special security measures

This Directive shall not apply to public contracts when they are declared to be secret, when their execution must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned, or when the protection of the basic security interests of that State so requires.

Article 17

Contracts awarded pursuant to international rules

This Directive shall not apply to public contracts governed by different procedural rules and awarded:

(a) pursuant to an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering supplies or works intended for the joint implementation or exploitation of a work by the signatory States or services intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;

(b) to undertakings in a Member State or a third country pursuant to an international agreement relating to the stationing of troops;

(c) pursuant to the particular procedure of an international organisation.

Article 18

Contracts excluded from the definition of a public service contract

This Directive shall not apply to public service contracts for:

(a) the acquisition or rental, by whatever means, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial service contracts concluded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;

(b) the acquisition, development, production or co-production of programmes by broadcasters and contracts for broadcasting time;

(c) arbitration and conciliation services;

(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services;

(e) employment contracts;

(f) research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority.

Article 19

Service contracts awarded on the basis of an exclusive right

This Directive shall not apply to public service contracts awarded to an entity which is itself a contracting authority on the basis of an exclusive right which it enjoys pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.

CHAPTER III

Arrangements for public service contracts

Article 20

Service contracts listed in Annex I A

Contracts which have as their object services listed in Annex I A shall be awarded in accordance with the provisions of Chapters IV to VII.

Article 21

Service contracts listed in Annex I B

Contracts which have as their object services listed in Annex I B shall be subject solely to Articles 24 and 34(3).

Article 22

Mixed contracts including services listed in Annex I A and services listed in Annex I B

Contracts which have as their object services listed both in Annex I A and in Annex I B shall be awarded in accordance with the provisions of Titles IV to VII where the value of the services listed in Annex I A is greater than the value of the services listed in Annex I B. In other cases, contracts shall be awarded in accordance with Article 24 and the third subparagraph of Article 34(3).

CHAPTER IV

Specific rules governing specifications and contract documents

Article 23

General provisions

1. For each contract, contracting authorities shall draw up a set of contract documents, clarifying and supplementing the information contained in the contract notices. In this context they shall introduce only technical specifications in accordance with Article 24 and, if they accept variants, the provisions set out in Article 25 shall be applicable.

2. Contracting authorities may require information on the subject of sub-contracting in accordance with Article 26 or stipulate conditions concerning obligations relating to employment protection provisions and working conditions in accordance with Article 27.

3. Contracting authorities may require particular conditions concerning performance of the contract, provided that those conditions are compatible with Community law.

Article 24

Technical specifications

1. The technical specifications as defined in point 1 of Annex VI shall be set out in the contract documentation, such as contract notices, contract documents or additional documents.

2. Technical specifications shall afford equal access for tenderers and not have the effect of creating unjustified obstacles to the opening of public procurement to competition.

3. Technical specifications shall be formulated by referring to national standards implementing European standards, European technical approvals, common technical specifications, international standards or when these do not exist national standards or national technical approvals, or any other technical reference produced by European standardisation bodies as defined in Annex VI, provided that the reference is accompanied by the words "or equivalent".

They may also be formulated in terms either of performance or of functional requirements. They shall, however, be sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract.

4. Where, in the case of public works contracts, there are no European standards, European technical approvals or common technical specifications, and it is impossible to formulate the specifications in terms of performance or functional requirements, the technical specifications may be defined by reference to national technical specifications relating to design and method of calculation and execution of works and use of material. Such reference shall be accompanied by the words "or equivalent".

5. Where a contracting authority makes use of the option of referring to the specifications mentioned in the first subparagraph of paragraph 3 and in paragraph 4, it cannot reject a tender on the grounds that the products and services tendered for do not comply with a national standard transposing a European standard, with a European technical approval, a common technical specification, an international standard, or a national standard, a national technical specification or a national technical approval, where the tenderer can show in his tender, by whatever appropriate means, that the solutions he proposes satisfy in an equivalent manner the requirements defined by the technical specifications.

An appropriate means is constituted by a technical dossier of the manufacturer or a test report of a body which is a third party.

6. Where a contracting authority uses the option laid down in the second subparagraph of paragraph 3 to prescribe in terms of performance, it may not reject a tender for products or services which comply with a national standard transposing a European standard, with a European technical approval, a common technical specification or an international standard, if these standards and approvals address the same functional and performance requirements and are appropriate.

The tenderer must demonstrate in his tender by any appropriate means such as a technical dossier or a test report by a third party that the product or service in compliance with the standard meets the functional or performance requirements of the contracting authority.

7. Technical specifications shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraphs 3 and 4 is not possible; such reference shall be accompanied by the words "or equivalent".

Article 25

Variants

1. Where the criterion for the award of the contract is that of the most economically advantageous tender, contracting authorities may take account of variants which are submitted by a tenderer and meet the minimum performance or specifications required by these contracting authorities.

2. The contracting authorities shall state in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation. The contracting authorities shall indicate in the tender notice if variants are not permitted.

3. Article 24 shall apply to variants.

4. In the procedures for awarding public supply contracts, contracting authorities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would lead, if successful, to a service contract rather than a public supply contract within the meaning of this Directive.

In the procedures for awarding public service contracts, contracting authorities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would lead, if successful, to a supply contract rather than a public service contract within the meaning of this Directive.

Article 26

Subcontracting

In the contract documents, the contracting authority may ask the tenderer to indicate in his tender any share of the contract he may intend to subcontract to third parties and any designated sub-contractors. This indication shall be without prejudice to the question of the principal economic operator's liability.

Article 27

Service and works contracts: obligations relating to employment protection provisions and working conditions

1. In the procedures for awarding service and works contracts, the contracting authority may state in the contract documents, or be obliged by a Member State to do so, the authority or authorities from which a tenderer may obtain the appropriate information on the obligations relating to the employment protection provisions and the working conditions which are in force in the Member State, region or locality in which the services are to be provided or in which the works are to be performed and which shall be applicable to the services provided or the works carried out on site during the performance of the contract.

2. The contracting authority which supplies the information referred to in paragraph 1 shall request the tenderers or those participating in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to employment protection provisions and the working conditions which are in force in the place where the service is to be provided or the works are to be carried out.

The first subparagraph shall be without prejudice to the application of the provisions of Article 54 concerning the examination of abnormally low tenders.

CHAPTER V

Procedures

Article 28

Use of open, restricted and negotiated procedures

1. In awarding public contracts the contracting authorities shall apply the procedures defined in Article 1(6), in accordance with this Directive.

2. Contracting authorities shall award their public contracts by the open procedure or by the restricted procedure.

3. In the specific cases and under the specific conditions laid down in Articles 29, 30 and 31, they may use the negotiated procedure.

Article 29

Cases justifying use of the negotiated procedure with publication of a contract notice

Contracting authorities may award their public contracts by negotiated procedure, after publication of a contract notice, in the following cases:

(1) In respect of public supply contracts, public service contracts and public works contracts:

(a) in the event of irregular tenders or the submission of tenders which are unacceptable under national provisions compatible with the provisions of Articles 3, 25, 26, 27 and those of Chapter VII, in response to an open or restricted procedure, insofar as the original terms of the contract are not substantially altered.

Contracting authorities may refrain from publishing a contract notice where they include in the negotiated procedure all the tenderers and only those tenderers who satisfy the criteria of Articles 46 to 52 and which, during the prior open or restricted procedure, have submitted tenders in accordance with the formal requirements of the tendering procedure.

(b) for the award of particularly complex public contracts, provided that the criterion for the award of the contract is that of the most economically advantageous tender, and provided that the procedure rules set out in Article 30 are complied with.

A contract is considered to be particularly complex when the contracting authority

- is not objectively able to define the technical or other means of meetings its requirements, or

- is not objectively in a position to assess what the market can offer in terms of technical or financial solutions.

(2) In respect of public service contracts and public works contracts, in exceptional cases, when the nature of the services or works or the risks attaching thereto do not permit prior overall pricing.

(3) In respect of public service contracts, when the nature of the services to be procured, in particular in the case of intellectual services and services falling within category 6 of Annex I A, is such that contract specifications cannot be established with sufficient precision to permit the award of the contract by selecting the best tender according to the rules governing open or restricted procedures.

(4) In respect of public works contracts, for works which are performed solely for purposes of research, testing or development and not with the aim of ensuring profitability or recovering research and development costs.

Article 30

Specific rules on particularly complex public contracts

1. In the cases referred to in point (b) of Article 29(1), the contracting authorities shall publish a contract notice, choose the candidates and negotiate with them the means and the solutions best suited to meeting their needs. They shall then draw up the contract documents, check that the candidates' capacity is appropriate to the retained technical solution and invite all the candidates or a restricted number thereof to submit a tender and they shall assess the tenders, without negotiation, on the basis of the criteria established to determine the most economically advantageous tender.

2. The contracting authorities shall state in the contract notice all the conditions which the economic operators must fulfil in order to be admitted to the award procedure. These conditions shall consist

(a) either of only the information specified in accordance with the provisions of Article 44 and those on qualitative selection criteria referred to in Articles 46 to 52,

(b) or of this information and the obligation to present an outline solution and, if necessary, an estimate of the costs of its implementation.

The qualitative selection criteria defined in the contract notice shall remain unchanged throughout the award procedure.

Under Article 45(2) the contracting authorities may decide to invite a restricted number of candidates meeting the selection criteria to negotiate. In this case, they shall announce this in the contract notice and reduce the number of invited candidates objectively on the basis of the selection criteria set out in the same notice.

When an outline solution is requested, the contracting authorities may define their requirements concerning the economic operators' financial and economic standing, as provided for in Article 48, in terms of percentages of the estimated value of the outline solutions to be presented by the various candidates, and the requirements concerning their technical capability and experience, as provided for in Article 49, according to the skills and experience required to compile the outline solutions.

3. Contracting authorities shall set out their needs and requirements in terms of objectives to be achieved and, if necessary, in terms of performance or functional requirements. These needs shall be set out in the most detailed manner possible.

The requirements thus defined shall serve as a basis for the formulation of the outline solutions and the cost estimates, where requested, and for the negotiation.

4. The award criteria shall be established in accordance with point (b) of Article 29(1) and with Article 53, and may not be amended in the course of the procedure unless they are no longer appropriate to the subject-matter of the contract as defined in the contract documents after the negotiation phase. Article 54 concerning abnormally low tenders shall be applicable.

The conditions shall be set out in the contract notice or in the document specifying the authority's requirements; however, if an outline solution is not required, they may be specified in the invitations to participate in the negotiation phase.

5. Contracting authorities which have not required the request to participate to be accompanied by an outline solution may, in the invitations to be negotiated, ask that an outline solution be submitted. The time-limit for this submission shall be appropriate to the complexity of the needs which outline solutions are invited to meet and, in any case, may not be less than 25 days from the date of dispatch of the invitations.

6. The purpose of negotiation with the selected candidates shall be solely to discuss and define the means best suited to meeting the needs of the contracting authority.

During negotiation, the contracting authorities may not disclose to the other participants the solutions proposed or any other confidential information given by a participant.

7. After announcing the end of negotiations and informing all the participants thereof, the contracting authorities shall check, by applying the selection criteria already set in accordance with paragraph 2, whether the candidates' economic, financial and technical capacity is appropriate to the technical solution specified in the final contract documents. Where the economic, financial or technical capacity of one or more candidates, as proven at the request to participate in negotiations, is not appropriate to the technical solution, contracting authorities shall make a written request to the candidates concerned to present the necessary documentation to allow a check to be carried out, on the basis of the above mentioned criteria, as to whether they have the capacity adapted to the retained technical solution. Article 44(5) shall apply.

The invitations to submit a tender shall be drawn up in accordance with Article 40 and sent in writing. They shall be accompanied by the definitive contract documents setting out the technical specifications in accordance with Article 24.

In accordance with Article 45(2), the number of candidates invited to submit bids may not be less than three, provided that there is a sufficient number of suitable candidates meeting the selection criteria specified by the contracting authority.

8. Time periods for receipt of tenders shall be fixed in accordance with Article 37.

9. The contracting authorities may specify prices and payments to the participants. Such prices and payments shall be taken into consideration for the application of Article 8.

Article 31

Cases justifying use of the negotiated procedure without publication of a contract notice

Contracting authorities may award public contracts by a negotiated procedure without prior publication of a contract notice in the following cases:

1. As regards public supply contracts, public service contracts and public works contracts:

(a) when no tenders or no suitable tenders have been submitted in response to an open procedure or restricted procedure, provided that the initial conditions of contract are not substantially altered and on condition that a report is sent to the Commission if it so requests;

(b) when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator;

(c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable by the contracting authorities in question, the time-limit for the open, restricted or negotiated procedures with publication of a contract notice referred to in Article 29 cannot be kept. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority.

2. As regards public supply contracts:

(a) when the products involved are manufactured purely for the purpose of research, experiment, study or development, this provision does not extend to quantity production to establish commercial viability or to recover research and development costs;

(b) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance: the length of such contracts as well as that of recurrent contracts may, as a general rule, not exceed three years.

3. As regards public service contracts, when the contract concerned follows a design contest and shall, under the rules applying, be awarded to the successful candidate or to one of the successful candidates: in the latter case, all successful candidates shall be invited to participate in the negotiations;

4. As regards public service contracts and public works contracts:

(a) for additional services or works not included in the project initially considered or in the contract first concluded but which have, through unforeseen circumstances, become necessary for the performance of the services or works described therein, on condition that the award is made to the economic operator performing such services or works:

- when such additional services or works cannot be technically or economically separated from the main contract without major inconvenience to the contracting authorities,

- when such services or works, although separable from the performance of the original contract, are strictly necessary for its completion.

However, the aggregate value of contracts awarded for additional services or works may not exceed 50% of the amount of the main contract;

(b) for new services or works consisting of the repetition of similar services or works entrusted to the economic operator to whom the same contracting authorities awarded an earlier contract, provided that such services or works conform to a basic project for which a first contract was awarded according to the open or restricted procedures.

As soon as the first project is put up for tender, the option of using this procedure shall be pointed out, and the total estimated cost of subsequent services or works shall be taken into consideration by the contracting authorities when they apply the provisions of Article 8.

This procedure may be used only during the three years following the conclusion of the original contract.

Article 32

Framework agreements

1. Contracting authorities which have concluded a framework agreement within the meaning of Article 1(7) shall reopen competition between the parties to the framework agreement in accordance with the following procedure:

(a) For every contract to be awarded, the contracting authorities shall consult all economic operators who are party to the framework agreement, in writing.

(b) The contracting authorities shall fix a time-limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject of the contract and the time needed to send in tenders.

(c) Tenders shall be submitted in writing, and their content shall remain confidential until the time-limit for reply has expired.

(d) Contracting authorities shall award each contract to the tenderer who has submitted the best tender on the basis of the award criteria established in accordance with Article 53.

The procedure set out in the first subparagraph may be applied only between the contracting authority and the economic operators originally party to the framework agreement.

2. Where a contracting authority has not concluded a framework agreement within the meaning of Article 1(7), it shall award each contract falling within the scope of this Directive in accordance with the provisions thereof.

3. Contracting authorities shall enter into framework agreements as defined in Article 1(7), with a minimum of three parties, where there is a sufficient number of economic operators satisfying the selection criteria.

The term of these agreements may not exceed three years or, in exceptional, duly justified cases, five years. Contracting authorities may not use framework agreements improperly or in such a way as to restrict or to distort competition.

Article 33

Public works contracts: particular rules on subsidised housing schemes

In the case of contracts relating to the design and construction of a subsidised housing scheme whose size and complexity, and the estimated duration of the work involved, require that planning be based from the outset on close collaboration within a team comprising representatives of the contracting authorities, experts and the contractor to be responsible for carrying out the works, a special award procedure may be adopted for selecting the contractor most suitable for integration into the team.

In particular, contracting authorities shall include in the contract notice as accurate as possible a description of the works to be carried out so as to enable interested contractors to form a valid idea of the project. Furthermore, contracting authorities shall, in accordance with the selection criteria referred to in Articles 46 to 52, set out in such a contract notice the personal, technical and financial conditions to be fulfilled by candidates.

Where such procedure is adopted, contracting authorities shall apply the common advertising rules relating to the restricted procedure and to the criteria for qualitative selection.

CHAPTER VI

Rules on advertising and transparency

Section 1

Publication of notices

Article 34

Notices

1. Contracting authorities shall make known, by means of an indicative notice:

(a) In the case of public supply contracts, the total procurement by product area which they intend to award over the following twelve months, where the total estimated value, taking into account the provisions of Articles 8 and 11, is equal to or greater than EUR 750 000.

The product area shall be established by the contracting authorities by reference to the CPV nomenclature.

(b) In the case of public service contracts, the estimated total value of the service contracts in each of the categories of services listed in Annex I A which they intend to award over the following twelve months, where such estimated total value, taking into account the provisions of Articles 8 and 13, is equal to or greater than EUR 750 000.

(c) in the case of public works contracts, the essential characteristics of the works contracts which they intend to award, the value of which is equal to or greater than the threshold specified in Article 8, taking into account the provisions of Article 13.

The notices referred to in (a) and (b) shall be sent as soon as possible after the beginning of their budgetary year.

The notice referred to in (c) shall be sent as soon as possible after the decision approving the planning of the works contracts that the contracting authorities intend to award.

The Commission shall determine the conditions of reference in the notice to particular positions of the nomenclature, in accordance with the procedure laid down in Article 76(2).

2. Contracting authorities who wish to award a public contract by open, restricted or, under the conditions laid down in Article 29, negotiated procedure, shall make known their intention by means of a contract notice.

3. Contracting authorities which have awarded a public contract or a framework agreement within the meaning of Article 1(7) shall send a notice of the results of the award procedure no later than 48 days after the award of the contract or framework agreement.

In the case of contracts awarded under a framework agreement within the meaning of Article 1(7), the contracting authorities are not bound to send a notice of the results of the award procedure for each contract based on that agreement.

In the case of public contracts for services listed in Annex I B, the contracting authorities shall indicate in the notice whether they agree to its publication. The Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 76(2).

Certain information on the contract award or the contract award under a framework agreement may be withheld from publication where release of such information would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

Article 35

Form and manner of publication of notices

1. The notices shall be drawn up in accordance with the standard forms adopted by the Commission in accordance with the procedure in Article 76(2) and shall, at the least, specify the information indicated in Annex VII A.

The contracting authorities may not set any conditions other than those specified in Articles 48 and 49 when requesting information concerning the economic, financial and technical standards which they require of economic operators for their selection.

2. In the case of framework agreements within the meaning of Article 1(7), the notices referred to in Article 34(1) and (2) shall also be marked "framework agreement" and shall indicate the planned duration specifying, where appropriate, the grounds justifying duration of the framework agreement of more than three years, the expected number and where appropriate the maximum number of economic operators, the estimated total value of the supplies, services or works for the entire duration and, as a guideline, the value and frequency of the contracts to be awarded. It shall also indicate the objective criteria on which the choice of tenders is based, and the criteria governing the award of each contract under a reopened competition, such criteria being established in accordance with Article 53.

3. The notices shall be published in accordance with the technical specifications for publication set out in Annex VIII

4. Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication set out in Annex VIII shall be published not later than five days after they are sent.

Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

In the case of the accelerated procedure referred to in Article 37(9), this period shall be reduced to five days provided that the notice was sent by fax or by electronic means.

5. Contract notices referred to in Article 34(2) shall be published in full in an official language of the Community, this language version constituting the sole authentic text. A summary of the important elements of each notice shall be published in the other official languages.

6. The notices and their contents may not be made public at national level before the date on which they are sent in accordance with Annex VIII.

7. Notices published at national level shall not contain information other than that contained in the notices dispatched in accordance with Annex VIII, but shall mention the date of that dispatch.

8. The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

The content of notices not sent by electronic means in accordance with the technical specifications for publication set out in Annex VIII shall be limited to approximately 650 words.

9. The contracting authorities shall be able to supply proof of the dates on which notices are dispatched.

Article 36

Non-mandatory publication

Contracting authorities may publish in accordance with Annex VIII notices of public contracts which are not subject to the publication requirement laid down in this Section.

Section 2

Time-limits

Article 37

Requests to participate and receipt of tenders

1. All time-limits for the receipt of tenders and requests to participate fixed by the contracting authorities shall be sufficiently long to give interested parties reasonable time appropriate to the contract to draw up and submit their tenders. When fixing these time-limits, contracting authorities shall take particular account of the complexity of the contract and the time required for drawing up tenders.

2. In the case of open procedures, the minimum time-limit for the receipt of tenders is 52 days from the date on which the contract notice was sent.

3. In the case of restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 29:

(a) the minimum time-limit for receipt of requests to participate shall be 37 days from the date on which the contract notice was sent; however, for particularly complex contracts referred to in point (b) of Article 29(1), this time-limit shall not be less than 47 days from the date on which the contract notice was sent where the request to participate must be accompanied by an outline solution;

(b) the minimum time-limit for the receipt of tenders shall be 40 days from the date on which the invitation was sent.

4. When contracting authorities have published an indicative notice, the minimum time-limit for the receipt of tenders shall be, as a general rule, 36 days, but under no circumstances less than 26 days.

The period shall run from the date on which the contract notice was sent in open procedures, and from the date on which the invitation to tender was sent in restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 29.

The shortened time-limits referred to in the first subparagraph shall be permitted, provided that the indicative notice has included all the information required in the model contract notice and was sent for publication between no less than 52 days and no more than twelve months before the date on which the contract notice was sent.

5. Where notices are drawn up and transmitted by electronic means in accordance with Annex VIII, the time-limits for the receipt of tenders referred to in paragraph 2 and 4 in open procedures, and the time-limit for the receipt of the requests to participate referred to in the first phrase of point (a) of paragraph 3, in restricted and negotiated procedures, may be shortened by seven days.

6. The time-limits for receipt of tenders in open, restricted and negotiated procedures referred to in paragraph 2, point (b) of paragraph 3 and paragraph 4 may be reduced by five days where the contracting authority offers free direct access to the entire contract documents and any supporting documents by electronic means as from the date on which the notice is sent, in accordance with Annex VIII.

This reduction may be aggregated with the reduction referred to in paragraph 5.

7. The reductions in time-limits for the receipt of tenders referred to in paragraphs 5 and 6 shall not apply to particularly complex public contracts awarded under the procedural rules laid down in Article 30.

8. If, for whatever reason, the contract documents and the supporting documents or additional information, although requested in good time, have not been supplied within the time-limits set in Article 38, or where tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the contract documents, the time-limits for the receipt of tenders shall be extended so that they only apply once all economic operators concerned are aware of all the information needed to produce a tender.

9. In the case of restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 29, where urgency renders impracticable the time-limits laid down in paragraphs 3 to 6, contracting authorities may fix

(a) a time-limit for the receipt of requests to participate which may not be less than 15 days from the date on which the contract notice was sent, or less than 10 days if the notice was sent by electronic means, in accordance with Annex VIII;

(b) a time-limit for the receipt of tenders which shall be not less than 10 days from the date of the invitation to tender.

These time-limits may not be used for particularly complex contracts awarded under the procedural rules laid down in Article 30.

Article 38

Contract documents and additional information

1. Where contracting entities do not offer free direct access to the entire contract documents and any supporting documents by electronic means in accordance with Annex VIII, and where, in restricted and negotiated procedures with publication of a contract notice, the invitation to tender is not accompanied by such documents, the contract documents and supporting documents shall be sent to economic operators within six days of receipt of the request to participate, provided that the request was made in good time before the deadline for submission of tenders.

2. Provided it has been requested in good time, additional information relating to the contract documents shall be supplied by the contracting authorities or competent departments not later than six days before the final date fixed for receipt of tenders. In the case of the accelerated form of restricted or negotiated procedures, the time-limit shall be four days.

Section 3

Information content and means of transmission

Article 39

Means of transmission of requests to participate

1. Requests to participate in procedures for the award of public contracts may be made by electronic means, letter or fax.

2. In the accelerated form of restricted and negotiated procedures, requests for participation shall be made by the most rapid means of communication possible.

3. Requests to participate made by fax must be confirmed by letter or electronic means before the expiry of the time-limit set for their receipt.

Article 40

Invitations to submit a tender or to negotiate

1. In restricted procedures and negotiated procedures with publication of a contract notice within the meaning of Article 29, the contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders or to negotiate.

2. The invitation to the candidates shall specify how the candidates can access the set of specifications and supporting documents made directly available by electronic means in accordance with Annex VIII.

If this access is not provided, the invitation shall be accompanied by one copy of the specifications and supporting documents.

3. In the accelerated form of restricted and negotiated procedures, invitations to submit a tender shall be made by the most rapid means of communication possible.

4. The invitation to submit tenders and the invitation to negotiate referred to in Article 29 must contain at least

(a) where an entity other than the contracting authority responsible for the award procedure has the specifications and contract documents, the address from which those specifications and documents may be requested, the closing date for requesting such documents, the sum payable, if any, for obtaining them and any payment procedures;

(b) in the case of particularly complex contracts under the rules laid down in Article 30, the invitation to negotiate shall also specify the date set for the start of negotiation, the address at which the negotiation is to take place and the language or languages used for negotiating;

(c) the final date for the receipt of the tenders, the address to which the tenders must be sent and the language or languages in which the tenders must be drawn up;

(d) a reference to the contract notice published;

(e) a reference to any documents to be submitted, either in support of verifiable declarations by the tenderer in accordance with the second subparagraph of Article 35(1), or to supplement the information referred to in that Article, and under the conditions laid down in Articles 48 and 49;

(f) the relative weighting of criteria for the award of the contract if, in exceptional cases referred to in the third subparagraph of Article 53(2), this is not given in the contract notice;

(g) any other specific condition for taking part in the tendering procedure.

Article 41

Informing candidates and tenderers

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 to withhold certain information on the contract award, referred to in the preceding subparagraph, 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 economic operators, public or private, or might prejudice fair competition between them.

2. The contracting authorities shall as soon as possible inform candidates and tenderers of decisions reached concerning the award of the contract, including the grounds for any decision not to award a contract for which there has been a call for competition or to recommence the procedure, and shall do so in writing if requested.

Section 4

Communication

Article 42

Means of communication

1. All communication and information exchange mentioned in this Title may be performed by letter, fax or electronic means, according to the choice of the contracting authority.

Directives 1999/93/EC and 2000/.../EC [on certain legal aspects of electronic commerce in the internal market] shall apply to the transmission of information by electronic means.

2 Communication and information exchange shall be carried out in such a way as to ensure that the integrity of data and the confidentiality of tenders and of all information supplied by economic operators are preserved, and that the contracting authorities only examine the content of tenders after the time-limit set for submitting them has expired.

3. If tenders are submitted by electronic means, tenderers shall undertake to submit the documents, certificates, attestations and declarations mentioned in Articles 46 to 50 and 52 by any appropriate means by the day before the tenders are opened.

4. Whichever means is chosen for submitting tenders may not have the effect of hampering the proper functioning of the internal market.

Section 5

Reports

Article 43

Content of reports

For every contract the contracting authorities shall draw up a written report which shall include at least the following:

(a) the name and address of the contracting authority, the subject and value of the contract;

(b) the names of the candidates or tenderers admitted and the reasons for their selection;

(c) the names of the candidates or tenderers rejected and the reasons for their rejection;

(d) the reasons for the rejection of tenders found to be abnormally low;

(e) the name of the successful tenderer and the reasons why his tender was selected and, if known, the share of the contract which the successful tenderer intends to subcontract to third parties;

(f) for negotiated procedures, the circumstances referred to in Articles 29 and 31 which justify the use of these procedures;

(g) if necessary, the reasons why the contracting authority has decided not to award a contract.

The report, or the main features of it, shall be communicated to the Commission if it so requests.

CHAPTER VII

Conduct of the procedure

Section I

General provisions

Article 44

Selection of participants and award of contracts

1. Contracts shall be awarded on the basis of the criteria laid down in Section 3, taking into account Article 25, after the suitability of the economic operators not excluded under Articles 46 and 47 has been checked by contracting authorities in accordance with the criteria of economic and financial standing and of professional and technical knowledge or ability referred to in Articles 48 to 52.

2. Under Section 2, the contracting authorities may determine the level of capacity and experience required for a specific contract.

3. Tenderers, in the case of open procedures, and candidates, in the case of restricted and negotiated procedures, may not be excluded from the award procedure on the basis of selection criteria and/or levels of capacity and experience not specified in the contract notice.

4. Where contracting authorities decide, in a restricted or negotiated procedure with publication of a contract notice, to limit the number of candidates to be invited to submit tenders within the maximum number or range specified in Article 45, they shall do so on the basis of objective criteria established in accordance with paragraph 2.

These criteria shall be set out in the contract notice.

5. Contracting authorities shall eliminate any tenderer, in the case of open procedures, and any candidate, in the case of restricted and negotiated procedures, not meeting the selection criteria or possessing the capacity and experience levels set in advance.

6. The extent of the information referred to in Articles 48 and 49 and the capacity level required for a specific contract shall be confined and proportionate to the subject-matter of the contract. In handling this information contracting authorities shall take into consideration the legitimate interests of the economic operators as regards the protection of their technical or trade secrets.

Article 45

Further rules governing restricted and negotiated procedures

1. In restricted and negotiated procedures the contracting authorities shall, on the basis of information given relating to the economic operator's personal position as well as to the information and formalities necessary for the evaluation of the minimum conditions of an economic and technical nature to be fulfilled by him, select from among the candidates with the qualifications required by Section 2 those whom they will invite to submit a tender or to negotiate.

2. Where contracting authorities award a contract by restricted procedure and by negotiated procedure with publication of a contract notice, namely in those cases referred to in Article 29, they may prescribe the minimum number of candidates which they intend to invite to submit a tender or negotiate. This minimum number shall be five candidates in restricted procedures and three in negotiated procedures. They may also set a maximum number of candidates which they intend to invite to submit a tender provided that this maximum number is fixed in such a way that competition is not restricted. Any numbers set shall be indicated in the contract notice.

Section 2

Criteria for qualitative selection

Article 46

Personal situation of the candidate or tenderer

1. Any economic operator shall be excluded from participation in the contract who, at any time during a five-year period preceding the start of the contract award procedure, has been convicted by definitive judgment:

(a) of having committed a serious offence by participating in the activities of a criminal organisation, defined as a structured association established over a period of time and operating in a concerted manner to achieve financial advantage and, where appropriate, to influence unduly the functioning of public authorities;

(b) of corruption, that is to say, of having promised, offered or given, whether directly or via third parties, a benefit of whatever kind to a civil servant or public agent of a Member State, a third country or an international organisation or to any person for the benefit of that person or a third party, with the intention that such person will carry out or refrain from carrying out any act in breach of his professional obligations;

(c) of fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities established by the Council Act of 26 July 1995 [60].

[60] OJ C 316, 27.11.1995, p. 48.

2. Any economic operator may be excluded from participation in the contract who:

(a) is bankrupt or is being wound up, whose affairs are being administered by the court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations;

(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for composition with creditors or of any other similar proceedings under national laws and regulations;

(c) has been convicted by a judgment of any offence concerning his professional conduct;

(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;

(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of countries concerned;

(g) is guilty of serious misrepresentation in supplying the information required under this Section;

(h) has been convicted by a judgment of fraud or any other illegal activity within the meaning of Article 280 of the Treaty, other than those within point (c) of paragraph 1 of this Article.

3. Where the contracting authority requests the economic operator to provide proof that none of the cases quoted in paragraph 1 and points (a), (b), (c), (e) (f) or (h) of paragraph 2 applies to him, it shall accept as sufficient evidence:

(a) for paragraph 1 and points (a) (b) (c) and (h) of paragraph 2, the production of an extract from the 'judicial record' or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin in the country whence that person comes showing that these requirements have been met;

(b) for points (e) or (f) of paragraph 2, a certificate issued by the competent authority in the Member State concerned.

4. Where the country in question does not issue the documents or certificates referred to in paragraph 3, or where these do not cover all the cases quoted in paragraph 1 and points (a), (b) or (c) of paragraph 2, they may be replaced by a declaration on oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country from which that person comes.

5. Member States shall designate the authorities and bodies competent to issue the documents, certificates or declarations referred to in paragraphs 3 and 4 and shall forthwith inform the other Member States and the Commission thereof.

Article 47

Suitability to pursue the professional activity

Any economic operator wishing to take part in a public contract may be requested to prove his enrolment, as prescribed in his country of establishment, in one of the professional or trade registers or to provide a declaration on oath or certificate as described in Annex IX A for public supply contracts, in Annex IX B for public service contracts and in Annex IX C for public works contracts.

In procedures for the award of public service contracts insofar as candidates for a public contract or tenderers have to possess a particular authorisation or to be members of a particular organisation in their home country in order to be able to perform the service concerned, the contracting authority may require them to prove that they hold such authorisation or membership.

Article 48

Economic and financial standing

1. Proof of the economic operator's economic and financial standing may, as a general rule, be furnished by one or more of the following references:

(a) appropriate statements from banks or evidence of relevant professional risk indemnity insurance;

(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;

(c) a statement of the undertaking's overall turnover.

2. Contracting authorities shall specify, in the contract notice or in the invitation to tender, which reference or references mentioned in paragraph 1 they have chosen and which other references they intend to obtain.

3. If, for any valid reason, the economic operator is unable to provide the references requested by the contracting authority, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate.

Article 49

Technical and/or professional capability

1. The technical and/or professional capabilities of the economic operators shall be assessed and examined in accordance with paragraphs 2, 3 and 4.

2. In the procedures for awarding public supply contracts, evidence of the supplier's technical capability may be furnished by one or more of the following means according to the nature, quantity and purpose of the products to be supplied:

(a) a list of the principal deliveries effected in the past three years, with the sums, dates and recipients, public or private, involved:

- where the supplies are made to public authorities, evidence of delivery shall be in the form of certificates issued or countersigned by the competent authority;

- where the supplies are to private purchasers, delivery shall be certified by the purchaser or, failing this, simply declared by the supplier to have been effected;

(b) a description of the supplier's technical facilities, his measures for ensuring quality and its study and research facilities;

(c) indication of the technicians or technical bodies involved, whether or not belonging directly to the supplier, especially those responsible for quality control;

(d) samples, description and/or photographs of the products to be supplied, the authenticity of which must be certified if the contracting authority so requests;

(e) certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards;

(f) where the products to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier is established, subject to that body's agreement, on the production capacities of the supplier and if necessary on his study and research facilities and quality control measures.

3. In the procedures for awarding public service contracts, the ability of service providers to perform services may be evaluated in particular with regard to their skills, efficiency, experience and reliability.

Evidence of the service provider's technical capability may be furnished by one or more of the following means according to the nature, quantity and purpose of the services to be provided:

(a) the service provider's educational and professional qualifications and/or those of the firm's managerial staff and, in particular, those of the person or persons responsible for providing the services;

(b) a list of the principal services provided in the past three years, with the sums, dates and recipients, public or private, of the services provided:

- where the services are provided to contracting authorities, evidence of their performance shall be in the form of certificates issued or countersigned by the competent authority;

- where they are provided to private purchasers, their performance shall be certified by the purchaser or, failing this, simply declared by the service provider to have been effected;

(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the service provider, especially those responsible for quality control;

(d) a statement of the service provider's average annual manpower and the number of managerial staff for the last three years;

(e) a statement of the tools, plant or technical equipment available to the service provider for carrying out the services;

(f) a description of the service provider's measures for ensuring quality and his study and research facilities;

(g) where the services to be provided are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authority or on its behalf by a competent official body of the country in which the service provider is established, subject to that body's agreement, on the technical capacities of the service provider and, if necessary, on his study and research facilities and quality control measures;

(h) an indication of the proportion of the contract which the service provider may intend to sub-contract.

4. In the procedures for awarding public works contracts, evidence of the contractor's technical capability may be furnished by:

(a) the contractor's educational and professional qualifications and/or those of the firm's managerial staff, and, in particular, those of the person or persons responsible for carrying out the works;

(b) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works; the certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed; where necessary, the competent authority shall submit these certificates to the contracting authority direct;

(c) a statement of the tools, plant and technical equipment available to the contractor for carrying out the work;

(d) a statement of the firm's average annual manpower and the number of managerial staff for the last three years;

(e) a statement of the technicians or technical divisions which the contractor can call upon for carrying out the work, whether or not they belong to the firm.

5. The contracting authority shall specify, in the notice or in the invitation to tender, which references under paragraphs 2, 3 and 4 it wishes to receive.

Article 50

Quality assurance standards

Should contracting authorities require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain quality assurance standards, they shall refer to quality assurance systems based on the relevant European standards series certified by bodies conforming to the European standards series concerning certification. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators who have no access to such certificates or no possibility of obtaining them within the relevant time-limits.

Article 51

Additional documentation and information

Within the limits of Articles 46 to 49 the contracting authority may invite the economic operators to supplement the certificates and documents submitted or to clarify them.

Article 52

Official lists of approved economic operators

1. Member States which have official lists of approved suppliers, approved service providers or approved contractors shall adapt them to Article 46(1), points (a) to (d) and (g) of Article 46(2), to Articles 47 and 48, and to Article 49(2), in the case of suppliers, Article 49(3) in the case of service providers, and Article 49(4) in the case of contractors.

2. Economic operators registered in the official lists may, for each contract, submit to the contracting authority a certificate of registration issued by the competent authority. The certificate shall state the reference which enabled them to be registered in the list and the classification given in that list.

3. Certified registration in official lists of approved suppliers by the competent bodies shall not, for the purposes of the contracting authorities of other Member States, constitute a presumption of suitability except as regards Article 46(1) and points (a) to (d) and (g) of Article 46(2), Article 47, points (b) and (c) of Article 48 and point (a) of Article 49(2).

Certified registration in official lists of service providers by the competent bodies shall not constitute, for the purposes of the contracting authorities of other Member States, a presumption of suitability corresponding to the service provider's classification except as regards Article 46(1) and points (a) to (d) and (g) of Article 46(2), Article 47, points (b) and (c) of Article 48(1) and point (a) of the second subparagraph of Article 49(2).

Certified registration of a contractor in the official lists by the competent bodies shall not, for the contracting authorities of other Member States, constitute a presumption of suitability for works corresponding to the contractor's classification except as regards Article 46(1) and points (a) to (d) and (g) of Article 46, Article 47, points (b) and (c) of Article 48(1) and points (b) and (d) of Article 49(4).

4. Information which can be deduced from registration in official lists may not be questioned. However, with regard to the payment of social security contributions, an additional certificate may be required of any registered economic operator whenever a contract is offered.

The contracting authorities of other Member States shall apply paragraph 3 and the first subparagraph of this paragraph only in favour of economic operators established in the country holding the official list.

5. For any registration of economic operators of other Member States in an official list, no further proof or statements can be required other than those requested of national economic operators and, in any event, only those provided for under Articles 46, 47, 48, 49 and 50, and Article 49(1), in the case of suppliers, Article 49(2), in the case of service providers, or Article 49(3), in the case of contractors..

6. Member States which have official lists shall be obliged to inform the other Member States of the address of the body to which applications for registration should be sent.

Section 3

The award of the contract

Article 53

Contract award criteria

1. Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which the contracting authorities shall base the award of contracts shall be:

(a) either the lowest price only; or

(b) when award is made to the most economically advantageous tender for the contracting authorities, various criteria directly linked to the subject of the public contract in question: for example, quality, price, technical merit, aesthetic and functional characteristics, environmental characteristics, running costs, cost-effectiveness, after-sales service and technical assistance, delivery date and delivery period or period of completion.

2. In the case referred to in point (b) of paragraph 1, the contracting authority shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender.

(a) in the contract notice or in the contract documents in the case of open procedures;

(b) in the contract notice in the case of restricted and negotiated procedures.

This weighting can be expressed by providing for a range within which the value attributed to each criteria shall be stated.

In restricted and negotiated procedures, the contracting authority may, exceptionally, and in duly justified cases, state this weighting in the contract documents or in the invitation to tender. Under the same conditions and in the case of particularly complex contracts awarded under the procedural rules laid down in Article 30, this weighting shall be stated in the invitation to negotiate.

Article 54

Abnormally low tenders

If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant and shall verify, after due hearing of the parties those constituent elements taking account of the explanations received.

The contracting authority shall take into consideration explanations relating to:

(a) the economics of the manufacturing process, of the services provided and of the construction method;

(b) the technical solutions chosen and/or the exceptionally favourable conditions available to the tenderer for the supply of the goods and services, and the execution of the work;

(c) the originality of the supplies, services or work proposed by the tenderer.

Where the contracting authority establishes that a tender is abnormally low on grounds that the tenderer has obtained a State aid, the tender can only be rejected after consultation with the tenderer where the latter is unable to prove, within a sufficient timeframe fixed by the contracting authority, that the aid in question was notified to the Commission under Article 88(3) of the Treaty and authorised. Where the contracting authority rejects a tender in these circumstances, it shall inform the Commission of that fact.

TITLE III

Granting of special or exclusive rights

Article 55

Compulsory stipulation

When a contracting authority grants to a body other than a contracting authority - regardless of its legal status - special or exclusive rights to engage in a public service activity, the instrument granting this right shall stipulate that the body in question must observe the rules and principles of the Treaty when awarding public supply contracts to third parties.

TITLE IV

Rules governing service design contests

Article 56

General provisions

1. The rules for the organisation of the contests shall be in conformity with Articles 56 to 63 and shall be communicated to those interested in participating in the contest.

2. The admission of participants to design contests shall not be limited:

(a) by reference to the territory or part of the territory of a Member State,

(b) on the grounds that, under the law of the Member State in which the contest is organised, they would have been required to be either natural or legal persons.

Article 57

Scope

1. In accordance with the provisions laid down in this Title, design contests shall be organised by:

(a) contracting authorities which are listed as central government authorities in Annex IV, where the value is equal to or greater than EUR 130 000;

(b) contracting authorities not listed in Annex IV, where the value is equal to or greater than EUR 200 000.

2. The provisions of this Title shall apply to:

(a) design contests organised as part of a procedure leading to the award of a public service contract;

(b) design contests with prizes and/or payments to participants.

In the cases referred to in point (a), the threshold refers to the estimated value net of VAT of the services.

In the cases referred to in point (b), the threshold refers to the total amount of the prizes and payments.

Article 58

Exclusions from the scope

This Title shall not apply to:

1. service contests within the meaning of Directive 2000/.../EC [water, etc. ...] which are organised by contracting authorities exercising one or more of the activities referred to in Articles 3 to 6 of that Directive and are awarded for the pursuit of such activities; nor shall it apply to contests excluded from the scope of that Directive under Articles 5(2) and 60 thereof;

2. contests organised for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services.

3. contests which are subject to different procedural rules and granted under:

(a) an international agreement concluded in conformity with the Treaty, between a Member State and one or more non-member countries and covering services intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;

(b) an international agreement relating to the stationing of troops and concerning undertakings in a Member State or a third country;

(c) the particular procedure of an international organisation.

Article 59

Notices

1. Contracting authorities who wish to carry out a design contest shall make known their intention by means of a contest notice.

2. Contracting authorities who have held a design contest shall send a notice of the results of the award procedure in accordance with Annex VIII and must be able to prove the date of dispatch.

Where the release of information on the outcome of the contest would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of a particular enterprise, public or private, or might prejudice fair competition between service providers, such information need not be published.

3. Contracting authorities may publish in accordance with Annex VIII notices of contests which are not subject to the publication requirement laid down in this Title.

Article 60

Form and manner of publication of notices

1. The notices shall be drawn up in accordance with the standard model notices adopted by the Commission in accordance with the procedure in Article 76(2) and shall specify, at least, the information indicated in Annex VII B.

2. The notices shall be published as provided in Annex VIII.

3. Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than five days after they are sent.

Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

4. Contracting authorities shall be responsible for the information they send for publication, and for ensuring that this information complies with the provisions of this Title.

5. The design contest notices referred to in Article 59(1) shall be published in full in an official language of the Community, this language version constituting the sole authentic text. A summary of the important elements of each notice is published in the other official languages.

6. The notices and their contents may not be made public at national level before the date of their dispatch in accordance with Annex VIII.

7. Notices published at national level shall not contain information other than that contained in the notices sent in accordance with Annex VIII and must state the date of dispatch of the latter.

8. The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

Notices which are not sent electronically in accordance with the technical specifications for publication given in Annex VIII shall be limited to around 650 words in length.

Article 61

Means of communication

1. All communication and information exchange mentioned in this Title may be performed by letter, fax or electronic means, according to the choice of the contracting authority.

2. The communication and information exchange covered by this Title shall be carried out in such a way as to ensure that the integrity and confidentiality of all information supplied by service providers are preserved, and that the contracting authorities may only examine the content of plans and projects after the time-limit set for submitting these has expired.

3. If plans and designs are submitted by electronic means, participants in design contests shall undertake to submit any documents, certificates, attestations and declarations required by the contracting authorities by any appropriate means not later than the day before the plans and designs are examined by the jury.

4. Whichever means is chosen for submitting plans and projects may not have the effect of hampering the proper functioning of the internal market.

Article 62

Selection of competitors

Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear and non-discriminatory selection criteria. In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.

Article 63

Composition and decisions of the jury

The jury shall be composed exclusively of natural persons who are independent of participants in the contest. Where a particular professional qualification is required from participants in a contest, at least a third of its members of the jury shall have that qualification or its equivalent.

The jury shall be autonomous in its decisions or opinions. These shall be reached on the basis of projects submitted anonymously and solely on the grounds of the criteria indicated in the contest notice.

TITLE V

Rules on concessions

CHAPTER I

Rules governing public works concessions

Article 64

Scope

The provisions under this Chapter shall apply to all public works concession contracts concluded by the contracting authorities where the value of the contracts is equal to or greater than EUR 5 300 000.

Article 65

Exclusions from the scope

The provisions of this Title shall not apply to public works concessions:

(1) which are principally for the purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services;

(2) which are declared secret or when their execution must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires;

(3) which are subject to different procedural rules and granted under:

(a) an international agreement concluded in conformity with the Treaty, between a Member State and one or more non-member countries and covering works intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;

(b) an international agreement relating to the stationing of troops and concerning the undertakings in a Member State or a third country;

(c) the particular procedure of an international organisation.

Article 66

Publication of the notice

1. Contracting authorities who wish to award a works concession contract shall make known their intention by means of a notice.

2. The notice shall be drawn up in accordance with the standard forms adopted by the Commission in accordance with the procedure in Article 76(2) and shall specify at least the information indicated in Annex VII C.

3. The notice shall be published as provided in Annex VIII.

4. Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than five days after they are sent.

Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

5. Contracting authorities shall be responsible for the information they send for publication, and for ensuring that this information complies with the provisions of this Directive and must be able to supply proof of the date of dispatch.

6. The notice shall be published in full in an official language of the Community, that language version constituting the sole authentic text. A summary of the important elements of the notice shall be published in the other official languages.

7. The notices and their contents shall not be made public at national level before the date of dispatch in accordance with Annex VIII. Notices published at national level shall not contain information other than that contained in the notices sent in accordance with Annex VIII and must state the date of dispatch of the latter.

8. The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

Notices which are not sent electronically in accordance with the technical specifications for publication given in Annex VIII shall be limited to around 650 words in length.

9. Contracting authorities may publish in accordance with Annex VIII notices of concessions which are not subject to the publication requirement laid down in this Chapter.

Article 67

Time-limit for the submission of applications

When contracting authorities resort to a public works concession, the time-limit for the presentation of applications for the concession shall be not less than 52 days from the date of dispatch of the notice.

Article 68

Subcontracting

The contracting authority may:

(a) either require the concessionaire to award contracts representing a minimum of 30% of the total value of the work for which the concession contract is to be awarded, to third parties, at the same time providing the option for candidates to increase this percentage, this minimum percentage being specified in the concession contract; or

(b) request the candidates for concession contracts to specify in their tenders the percentage, if any, of the total value of the work for which the concession contract is to be awarded which they intend to assign to third parties.

CHAPTER II

Rules on contracts awarded by concessionaires

Article 69

Rules applicable when the concessionaire is a contracting authority

When the concessionaire is a contracting authority as referred to in Article 1(5), he shall comply with the provisions laid down by this Directive for public works contracts in the case of works to be carried out by third parties.

Article 70

Rules applicable when the concessionaire is not a contracting authority

When the concessionaire is not a contracting authority as referred to in Article 1(5), he shall comply with the provisions in Articles 71, 72 and 73 for contracts which he awards with third parties.

Article 71

Advertising rules: threshold and exceptions

1. The Member States shall take the necessary measures to ensure that public works concessionaires apply the advertising rules defined in Article 72 when awarding works contracts to third parties when the value of such contracts is equal to or greater than EUR 5 300 000.

Advertising shall not, however, be required when a works contract satisfies the conditions listed in Article 31.

2. Groups of undertakings that have been formed to obtain the concession or undertakings related to them shall not be considered third parties.

"Related undertaking" shall mean any undertaking on which the concessionaire can exert a dominant influence, directly or indirectly, or any undertaking which can exert a dominant influence on the concessionaire or which, as the concessionaire, is subject to the dominant influence of another undertaking as a result of ownership, financial participation or the rules which govern it. A dominant influence on the part of a firm is presumed when, directly or indirectly, in relation to another firm, it:

(a) holds a majority of the undertaking's subscribed capital; or

(b) controls a majority of the votes attached to the shares issued by the undertaking; or

(c) can appoint more than half of the undertaking's administrative, management or supervisory body.

The restrictive list of undertakings shall be included in the application for the concession. This list shall be brought up to date following any subsequent changes in the relationship between the undertakings.

Article 72

Publication of the notice

1. Works concessionaires who wish to award works contracts to a third party within the meaning of Article 71, shall make known their intention by way of a notice.

2. The notice shall be drawn up in accordance with the standard form in accordance with the procedure in Article 76(2) and shall specify at least the information indicated in Annex VII D.

3. The notice shall be published in accordance with the provisions laid down in Article 66(2) to (8).

4. Article 66(9) on the voluntary publication of notices shall apply.

Article 73

Time-limit for the receipt of requests to participate and receipt of tenders

In works contracts awarded by a works concessionaire, the time-limit for the receipt of requests to participate, fixed by the concessionaire, shall be not less than 37 days from the date on which the contract notice was dispatched, and the time-limit for the receipt of tenders not less than 40 days from the date on which the contract notice or the invitation to tender was dispatched.

TITLE VI

Statistical duties, executory powers and final provisions

Article 74

Statistical duties

In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report, prepared in accordance with Article 75, separately addressing public supply, services and works contracts awarded by contracting authorities during the preceding year, not later than 31 October each year.

Article 75

Content of statistical report

1. For each contracting authority listed in Annex IV, the statistical report shall detail at least:

(a) the number and value of contracts awarded;

(b) the number and total value of contracts awarded pursuant to derogations to the Agreement.

As far as possible, the data referred to in point (a) of the first subparagraph shall be broken down by:

(a) the contract award procedures used,

(b) and, for each of these procedures, according to category:

- of products identified using the CPV nomenclature,

- of services identified using the nomenclature given in Annex I,

- of works identified using the nomenclature given in Annex II.

(c) the nationality of the economic operator to whom the contract was awarded.

Where the contracts have been concluded according to the negotiated procedure, the data referred to in point (a) of the first subparagraph shall also be broken down according to the circumstances referred to in Articles 29 and 31 and shall specify the number and value of contracts awarded by the Member State and non-member country of the successful contractor.

2. For each category of contracting authority which is not given in Annex IV, the statistical report shall detail at least:

(a) the number and value of the contracts awarded, broken down in accordance with the second subparagraph of paragraph 1;

(b) the total value of contracts awarded pursuant to derogations to the Agreement.

3. The statistical report shall set out any other statistical information, which is required under the Agreement.

The information referred to in the first subparagraph shall be determined pursuant to the procedure under Article 76(2).

Article 76

Advisory Committee

1. The Commission shall be assisted by the Advisory Committee for Public Contracts instituted by Article 1 of Council Decision 71/306/EEC [61] (hereinafter "the Committee").

[61] OJ L 185, 16.8.1971; Decision as amended by Decision 77/63/EEC (OJ L 13, 15.1.1977, p. 15).

2. Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

3. The Committee shall examine, on the initiative of the Commission or at the request of a Member State, any question relating to the application of this Directive.

Article 77

Revision of the thresholds

1. The Commission shall revise, in accordance with the procedure laid down in Article 76(2), the thresholds established in Article 8, every two years from 1 January 2000, where such revision is necessary in order to ensure compliance with the thresholds in force as laid down by the Agreement, which are expressed in Special Drawing Rights (SDR).

The calculation of the value of these thresholds shall be based on the average daily value of the euro, expressed in SDR, over the 24 months terminating on the last day of August preceding the revision with effect from 1 January. The value of the thresholds thus revised shall, where necessary, be rounded down to the nearest ten thousand euro.

2. At the same time as the revision under paragraph 1, the Commission, in accordance with the procedure under Article 76(2), shall align:

(a) the thresholds established in the first paragraph of Article 9 (subsidised contracts), in Article 64 (concessions), and in Article 71 (contracts awarded by the concessionaire) on the revised threshold applying to public works contracts;

(b) the thresholds established in the second paragraph of Article 9 (subsidised services, and point (a) of Article 57(1) (contests organised by central government authorities) on the revised threshold applying to public service contracts concluded by the contracting authorities referred to in Annex IV;

(c) the threshold established in point (b) of Article 57 (service contracts awarded by contracting authorities other than central government authorities), on the revised threshold applying to public service contracts awarded by the contracting authorities not included in Annex IV.

3. The value of the thresholds set pursuant to paragraph 1 in the national currencies of the Member States who are not participating in monetary union is normally to be adjusted every two years from 1 January 2002 onwards. The calculation of such value shall be based on the average daily values of those currencies expressed in euro over the 24 months terminating on the last day of August preceding the revision with effect from 1 January.

4. The revised thresholds referred to in paragraph 1 and their corresponding values in the national currencies referred to in paragraph 3 shall be published by the Commission in the Official Journal of the European Communities at the beginning of the month of November following their revision.

Article 78

Amendments

1. In accordance with the procedure referred to in Article 76(2), the Commission may amend:

(a) the calculations methods set out in the second subparagraph of Article 77(1) and in paragraph 3 of that Article;

(b) the conditions for the drawing-up, transmission, receipt, translation, collection and distribution of the notices referred to in Articles 34, 59, 65 and in the first subparagraph of Article 71(1), and the statistical reports provided for in the third subparagraph of Article 34(3) and Articles 74 and 75;

(c) the special conditions of reference to the CPV nomenclature in the notices;

(d) the lists of bodies and categories of bodies governed by public law in Annex III, when, in particular on the basis of the notifications from the Member States, amendments appear necessary;

(e) the lists of central government authorities in Annex IV, following any adaptations which might prove necessary subsequent to the agreements concluded within the World Trade Organisation;

(f) the nomenclature set out in Annex I, in so far as this does not change the material scope of the Directive, and the reference in the notices to particular provisions in the nomenclature within the categories of services listed in the said Annexes;

(g) the nomenclature set out in Annex II, in so far as this does not change the material scope of the Directive, and the conditions of reference to particular positions of the nomenclature in the notices;

(h) Annex VIII.

2. In accordance with the procedure laid down in Article 76(2), the Commission shall examine the application of this Directive to public service contracts and evaluate, in particular, the prospects for the full application of the Directive to procurement of the other services listed in Annex I B and the effects of in-house performance of services on the effective opening-up of procurement in this area. It shall make any necessary proposals to adapt the Directive accordingly.

Article 79

Implementation

Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 30 June 2002 at the latest. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 80

Repeals

Directives 93/36/EEC, 92/50/EEC and 93/37/EEC are repealed with effect from the date shown in Article 79, without prejudice to the obligations of the Member States concerning the deadlines for transposition and application set out in Annex X.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XI.

Article 81

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 82

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

SERVICES REFERRED TO IN ARTICLE 1(2), SECOND SUBPARAGRAPH

ANNEX I A

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ANNEX I B

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ANNEX II

LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN ARTICLE 1(2), THIRD SUBPARAGRAPH

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ANNEX III

LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW REFERRED TO IN ARTlCLE 1(5)

I. BELGIUM

Bodies

- Archives générales du Royaume et Archives de l'État dans les provinces - Algemeen Rijksarchief en Rijksarchief in de Provinciën,

- Conseil autonome de l'enseignement communautaire - Autonome Raad van het Gemeenschapsonderwijs,

- Radio et télévision belges, émissions néerlandaises - Belgische Radio en Televisie, Nederlandse uitzendingen,

- Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft (Centre de radio et télévision belge de la Communauté de langue allemande - Centrum voor Belgische Radio en Televisie voor de Duitstalige Gemeenschap),

- Bibliothèque royale Albert Ier - Koninklijke Bibliotheek Albert I,

- Caisse auxiliaire de paiement des allocations de chômage - Hulpkas voor Werkloosheidsuitkeringen,

- Caisse auxiliaire d'assurance maladie-invalidité - Hulpkas voor Ziekte-, en Invaliditeitsverzekeringen,

- Caisse nationale des pensions de retraite et de survie - Rijkskas voor Rust- en Overlevingspensioenen,

- Caisse de secours et de prévoyance en faveur des marins naviguant sous pavillon belge - Hulp- en Voorzorgskas voor Zeevarenden onder Belgische Vlag,

- Caisse nationale des calamités - Nationale Kas voor de Rampenschade,

- Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs de l'industrie diamantaire - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van de Arbeiders der Diamantnijverheid,

- Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs de l'industrie du bois - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van Arbeiders in de Houtnijverheid,

- Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs occupés dans les entreprises de batellerie - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van Arbeiders der Ondernemingen voor Binnenscheepvaart,

- Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs occupés dans les entreprises de chargement, déchargement et manutention de marchandises dans les ports débarcadères, entrepôts et stations (appelée habituellement "Caisse spéciale de compensation pour allocations familiales des régions maritimes") - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van de Arbeiders gebezigd door Ladings- en Lossingsondernemingen en door de Stuwadoors in de Havens, Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd: "Bijzondere Compensatiekas voor kindertoeslagen van de zeevaartgewesten"),

- Centre informatique pour la Région bruxelloise - Centrum voor Informatica voor het Brusselse Gewest,

- Commissariat général de la Communauté flamande pour la coopération internationale - Commissariaat-generaal voor Internationale Samenwerking van de Vlaamse Gemeenschap,

- Commissariat général pour les relations internationales de la Communauté française de Belgique - Commissariaat-generaal bij de Internationale Betrekkingen van de Franse Gemeenschap van België,

- Conseil central de l'économie - Centrale Raad voor het Bedrijfsleven,

- Conseil économique et social de la Région wallonne - Sociaal-economische Raad van het Waals Gewest,

- Conseil national du travail - Nationale Arbeidsraad,

- Conseil supérieur des classes moyennes - Hoge Raad voor de Middenstand,

- Office pour les travaux d'infrastructure de l'enseignement subsidié - Dienst voor Infrastructuurwerken van het Gesubsidieerd Onderwijs,

- Fondation royale - Koninklijke Schenking,

- Fonds communautaire de garantie des bâtiments scolaires - Gemeenschappelijk Waarborgfonds voor Schoolgebouwen,

- Fonds d'aide médicale urgente - Fonds voor Dringende Geneeskundige Hulp,

- Fonds des accidents du travail - Fonds voor Arbeidsongevallen,

- Fonds des maladies professionnelles - Fonds voor Beroepsziekten,

- Fonds des routes - Wegenfonds,

- Fonds d'indemnisation des travailleurs licenciés en cas de fermeture d'entreprises - Fonds tot Vergoeding van de in geval van Sluiting van Ondernemingen Ontslagen Werknemers,

- Fonds national de garantie pour la réparation des dégâts houillers - Nationaal Waarborgfonds inzake Kolenmijnschade,

- Fonds national de retraite des ouvriers mineurs - Nationaal Pensioenfonds voor Mijnwerkers,

- Fonds pour le financement des prêts à des États étrangers - Fonds voor Financiering van de Leningen aan Vreemde Staten,

- Fonds pour la rémunération des mousses enrôlés à bord des bâtiments de pêche - Fonds voor Scheepsjongens aan Boord van Vissersvaartuigen,

- Fonds wallon d'avances pour la réparation des dommages provoqués par des pompages et des prises d'eau souterraine - Waals Fonds van Voorschotten voor het Herstel van de Schade veroorzaakt door Grondwaterzuiveringen en Afpompingen,

- Institut d'aéronomie spatiale - Instituut voor Ruimte-aëronomie,

- Institut belge de normalisation - Belgisch Instituut voor Normalisatie,

- Institut bruxellois de l'environnement - Brussels Instituut voor Milieubeheer,

- Institut d'expertise vétérinaire - Instituut voor Veterinaire Keuring,

- Institut économique et social des classes moyennes - Economisch en Sociaal Instituut voor de Middenstand,

- Institut d'hygiène et d'épidémiologie - Instituut voor Hygiëne en Epidemiologie,

- Institut francophone pour la formation permanente des classes moyennes - Franstalig Instituut voor Permanente Vorming voor de Middenstand,

- Institut géographique national - Nationaal Geografisch Instituut,

- Institut géotechnique de l'État - Rijksinstituut voor Grondmechanica,

- Institut national d'assurance maladie-invalidité - Rijksinstituut voor Ziekte - en Invaliditeitsverzekering,

- Institut national d'assurances sociales pour travailleurs indépendants - Rijksinstituut voor de Sociale Verzekeringen der Zelfstandigen,

- Institut national des industries extractives - Nationaal Instituut voor de Extractiebedrijven,

- Institut national des invalides de guerre, anciens combattants et victimes de guerre - Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers,

- Institut pour l'amélioration des conditions de travail - Instituut voor Verbetering van de Arbeidsvoorwaarden,

- Institut pour l'encouragement de la recherche scientifique dans l'industrie et l'agriculture - Instituut tot Aanmoediging van het Wetenschappelijk Onderzoek in Nijverheid en Landbouw,

- Institut royal belge des sciences naturelles - Koninklijk Belgisch Instituut voor Natuurwetenschappen,

- Institut royal belge du patrimoine artistique - Koninklijk Belgisch Instituut voor het Kunstpatrimonium,

- Institut royal de météorologie - Koninklijk Meteorologisch Instituut,

- Enfance et famille - Kind en Gezin,

- Compagnie des installations maritimes de Bruges - Maatschappij der Brugse Zeevaartinrichtingen,

- Mémorial national du fort de Breendonck - Nationaal Gedenkteken van het Fort van Breendonck,

- Musée royal de l'Afrique centrale - Koninklijk Museum voor Midden-Afrika,

- Musées royaux d'art et d'histoire - Koninklijke Musea voor Kunst en Geschiedenis,

- Musées royaux des beaux-arts de Belgique - Koninklijke Musea voor Schone Kunsten van België,

- Observatoire royal de Belgique - Koninklijke Sterrenwacht van België,

- Office belge de l'économie et de l'agriculture - Belgische Dienst voor Bedrijfsleven en Landbouw,

- Office belge du commerce extérieur - Belgische Dienst voor Buitenlandse Handel,

- Office central d'action sociale et culturelle au profit des membres de la communauté militaire - Centrale Dienst voor Sociale en Culturele Actie ten behoeve van de Leden van de Militaire Gemeenschap,

- Office de la naissance et de l'enfance - Dienst voor Borelingen en Kinderen,

- Office de la navigation - Dienst voor de Scheepvaart,

- Office de promotion du tourisme de la Communauté française - Dienst voor de Promotie van het Toerisme van de Franse Gemeenschap,

- Office de renseignements et d'aide aux familles des militaires - Hulp- en Informatiebureau voor Gezinnen van Militairen,

- Office de sécurité sociale d'outre-mer - Dienst voor Overzeese Sociale Zekerheid,

- Office national d'allocations familiales pour travailleurs salariés - Rijksdienst voor Kinderbijslag voor Werknemers,

- Office national de l'emploi - Rijksdienst voor de Arbeidsvoorziening,

- Office national des débouchés agricoles et horticoles - Nationale Dienst voor Afzet van Land- en Tuinbouwprodukten,

- Office national de sécurité sociale - Rijksdienst voor Sociale Zekerheid,

- Office national de sécurité sociale des administrations provinciales et locales - Rijksdienst voor Sociale Zekerheid van de Provinciale en Plaatselijke Overheidsdiensten,

- Office national des pensions - Rijksdienst voor Pensioenen,

- Office national des vacances annuelles - Rijksdienst voor de Jaarlijkse Vakantie,

- Office national du lait - Nationale Zuiveldienst,

- Office régional bruxellois de l'emploi - Brusselse Gewestelijke Dienst voor Arbeidsbemiddeling,

- Office régional et communautaire de l'emploi et de la formation - Gewestelijke en Gemeenschappelijke Dienst voor Arbeidsvoorziening en Vorming,

- Office régulateur de la navigation intérieure - Dienst voor Regeling der Binnenvaart,

- Société publique des déchets pour la Région flamande - Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest,

- Orchestre national de Belgique - Nationaal Orkest van België,

- Organisme national des déchets radioactifs et des matières fissiles - Nationale Instelling voor Radioactief Afval en Splijtstoffen,

- Palais des beaux-arts - Paleis voor Schone Kunsten,

- Pool des marins de la marine marchande - Pool van de Zeelieden ter Koopvaardij,

- Port autonome de Charleroi - Autonome Haven van Charleroi,

- Port autonome de Liège - Autonome Haven van Luik,

- Port autonome de Namur - Autonome Haven van Namen,

- Radio et télévision belges de la Communauté française - Belgische Radio en Televisie van de Franse Gemeenschap,

- Régie des bâtiments - Regie der Gebouwen,

- Régie des voies aériennes - Regie der Luchtwegen,

- Régie des postes - Regie der Posterijen,

- Régie des télégraphes et des téléphones - Regie van Telegraaf en Telefoon,

- Conseil économique et social pour la Flandre - Sociaal-economische Raad voor Vlaanderen,

- Société anonyme du canal et des installations maritimes de Bruxelles - Naamloze Vennootschap "Zeekanaal en Haveninrichtingen van Brussel",

- Société du logement de la Région bruxelloise et sociétés agréées - Brusselse Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen,

- Société nationale terrienne - Nationale Landmaatschappij,

- Théâtre royal de la Monnaie - De Koninklijke Muntschouwburg,

- Universités relevant de la Communauté flamande - Universiteiten afhangende van de Vlaamse Gemeenschap,

- Universités relevant de la Communauté française - Universiteiten afhangende van de Franse Gemeenschap,

- Office flamand de l'emploi et de la formation professionnelle - Vlaamse Dienst voor Arbeidsvoorziening en Beroepsopleiding,

- Fonds flamand de construction d'institutions hospitalières et médico-sociales - Vlaams Fonds voor de Bouw van Ziekenhuizen en Medisch-Sociale Instellingen,

- Société flamande du logement et sociétés agréées - Vlaamse Huisvestingsmaatschappij en erkende maatschappijen,

- Société régionale wallonne du logement et sociétés agréées - Waalse Gewestelijke Maatschappij voor de Huisvesting en erkende maatschappijen,

- Société flamande d'épuration des eaux - Vlaamse Maatschappij voor Waterzuivering,

- Fonds flamand du logement des familles nombreuses - Vlaams Woningfonds van de Grote Gezinnen.

Categories

- les centres publics d'aide sociale (public social welfare centres),

- les fabriques d'église (church councils).

II. DENMARK

Bodies

- Køebenhavns Havn,

- Danmarks Radio,

- TV 2/Danmark,

- TV2 Reklame A/S,

- Danmarks Nationalbank,

- A/S Storebaeltsforbindelsen,

- A/S Øresundsforbindelsen (alene tilslutningsanlaeg i Danmark),

- Køebenhavns Lufthavn A/S,

- Byfornyelsesselskabet Køebenhavn,

- Tele Danmark A/S avec ses filiales,

- Fyns Telefon A/S,

- Jydsk Telefon Aktieselskab A/S,

- Køebenhavns Telefon Aktieselskab,

- Tele Søenderjylland A/S,

- Telecom A/S,

- Tele Danmark Mobil A/S.

Categories

- De kommunale havne (municipal ports),

- Andre Forvaltningssubjekter (other public administrative bodies).

III. GERMANY

1. Categories

Authorities, establishments and foundations governed by public law and created by federal, State or local authorities in particular in the following sectors:

1.1. Authorities

- Wissenschaftliche Hochschulen und verfaßte Studentenschaften (universities and established student bodies),

- berufsständige Vereinigungen (Rechtsanwalts-, Notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern) (professional associations representing lawyers, notaries, tax consultants, accountants, architects, medical practitioners and pharmacists),

- Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und Handelskammern, Handwerksinnungen, Handwerkerschaften) (business and trade associations: agricultural and craft associations, chambers of industry and commerce, craftsmen's guilds, tradesmen's associations),

- Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger) (social security institutions: health, accident and pension insurance funds),

- kassenärztliche Vereinigungen (associations of panel doctors),

- Genossenschaften und Verbände (cooperatives and other associations).

1.2. Establishments and foundations

Non-industrial and non-commercial establishments subject to State control and operating in the general interest, particularly in the following fields:

- Rechtsfähige Bundesanstalten (federal institutions having legal capacity),

- Versorgungsanstalten und Studentenwerke (pension organizations and students' unions),

- Kultur-, Wohlfahrts- und Hilfsstiftungen (cultural, welfare and relief foundations).

2. Legal persons governed by private law

Non-industrial and non-commercial establishments subject to State control and operating in the general interest (including 'Kommunale Versorgungsunternehmen' - municipal utilities), particularly in the following fields:

- Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten) (health: hospitals, health resort establishments, medical research institutes, testing and carcase-disposal establishments),

- Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) (culture: public theatres, orchestras, museums, libraries, archives, zooligical and botanical gardens),

- Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder- und Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte) (social welfare: nursery schools, children's playschools, rest-homes, children's homes, hostels for young people, leisure centres, community and civic centres, homes for battered wives, old people's homes, accommodation for the homeless),

- Sport (Schwimmbäder, Sportanlagen und -einrichtungen) (sport: swimming baths, sports facilities),

- Sicherheit (Feuerwehren, Rettungsdienste) (safety: fire brigades, other emergency services),

- Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volkshochschulen) (education: training, further training and retraining establishments, adult evening classes),

- Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung) (science, research and development: large-scale research institutes, scientific societies and associations, bodies promoting science),

- Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung) (refuse and garbage disposal services: street cleaning, waste and sewage disposal),

- Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen, Wohnraumvermittlung) (building, civil engineering and housing: town planning, urban development, housing enterprises, housing agency services),

- Wirtschaft (Wirtschaftsförderungsgesellschaften) (economy: organizations promoting economic development),

- Friedhofs- und Bestattungswesen (cemeteries and burial services)

- Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Ausbildung) (cooperation with developing countries: financing, technical cooperation, development and training).

IV. GREECE

Categories

Other legal persons governed by public law whose public works contracts are subject to State control.

V. SPAIN

Categories

- Entidades Gestoras y Servicios Comunes de la Seguridad Social (administrative entities and common services of the health and social services),

- Organismos Autónomos de la Administración del Estado (independent bodies of the national administration),

- Organismos Autónomos de las Comunidades Autónomas (independent bodies of the autonomous communities),

- Organismos Autónomos de las Entidades Locales (independent bodies of local authorities), Otras entidades sometidas a la legislación de contratos del Estado español (other entities subject to Spanish State legislation on procurement).

VI. FRANCE

Bodies

1. National public bodies:

1.1. with scientific, cultural and professional character:

Collège de France,

Conservatoire national des arts et métiers,

Observatoire de Paris;

1.2. Scientific and technological:

Centre national de la recherche scientifique (CNRS),

Institut national de la recherche agronomique,

Institut national de la santé et de la recherche médicale,

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

1.3. with administrative character:

Agence nationale pour l'emploi,

Caisse nationale des allocations familiales,

Caisse nationale d'assurance maladie des travailleurs salariés,

Caisse nationale d'assurance vieillesse des travailleurs salariés,

Office national des anciens combattants et victimes de la guerre,

Agences financières de bassins.

Categories

1. National public bodies:

universités (universities),

écoles normales d'instituteurs (teacher training colleges).

2. Administrative bodies at regional, departmental and local level:

collèges (secondary schools),

lycées (secondary schools),

établissements publics hospitaliers (public hospitals),

offices publics d'habitations à loyer modéré (OPHLM) (public offices for low-cost housing).

3. Groupings of territorial authorities:

syndicats de communes (associations of local authorities),

districts (districts),

communautés urbaines (municipalities),

institutions interdépartementales et interrégionales (institutions common to more than one Département and interregional institutions).

VII. IRELAND

Bodies

- Shannon Free Airport Development Company Ltd,

- Local Government Computer Services Board,

- Local Government Staff Negotiations Board,

- Córas Tráchtála (Irish Export Board),

- Industrial Development Authority,

- Irish Goods Council (Promotion of Irish Goods),

- Córas Beostoic agus Feola (CBF) (Irish Meat Board),

- Bord Fálite Éireann (Irish Tourism Board),

- Údarás na Gaeltachta (Development Authority for Gaeltacht Regions)

- An Bord Pleanála (Irish Planning Board).

Categories

- Third Level Educational Bodies of a Public Character,

- National Training, Cultural or Research Agencies,

- Hospital Boards of a Public Character,

- National Health & Social Agencies of a Public Character

- Central & Regional Fishery Boards.

VIII. ITALY

Bodies

- Agenzia per la promozione dello sviluppo nel Mezzogiorno.

Categories

- Enti portuali e aeroportuali (port and airport authorities),

- Consorzi per le opere idrauliche (consortia for water engineering works),

- Le università statali, gli istituti universitari statali, i consorzi per i lavori interessanti le università (State universities, State university institutes, consortia for university development work),

- Gli istituti superiori scientifici e culturali, gli osservatori astronomici, astrofisici, geofisici o vulcanologici (higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological observatories),

- Enti di ricerca e sperimentazione (organizations conducting research and experimental work),

- Le istituzioni pubbliche di assistenza e di beneficenza (public welfare and benevolent institutions),

- Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencies administering compulsory social security and welfare schemes),

- Consorzi di bonifica (land reclamation consortia),

- Enti di sviluppo o di irrigazione (development or irrigation agencies),

- Consorzi per le aree industriali (associations for industrial areas),

- Comunità montane (groupings of municipalities in mountain areas),

- Enti preposti a servizi di pubblico interesse (organizations providing services in the public interest),

- Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (public bodies engaged in entertainment, sport, tourism and leisure activities),

- Enti culturali e di promozione artistica (organizations promoting culture and artistic activities).

IX. LUXEMBOURG

Categories

- Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement (public establishments of the State placed under the supervision of a member of the Government),

- Établissements publics placés sous la surveillance des communes (public establishments placed under the supervision of the communes),

- Syndicats de communes créés en vertu de la loi du 14 février 1900 telle qu'elle a été modifiée par la suite (associations of communes created under the law of 14 February 1900 as subsequently modified).

X. THE NETHERLANDS

Bodies

- De Nederlandse Centrale Organisatie voor Toegepast Natuurwetenschappelijk Onderzoek (TNO) en de daaronder ressorterende organisaties.

Categories

- De waterschappen (administration of water engineering works),

- De instellingen van wetenschappelijk onderwijs vermeld in artikel 8 van de Wet op het Wetenschappelijk Onderwijs (1985), de academische ziekenhuizen (Institutions for scientific education, as listed in Article 8 of the Scientific Education Act (1985), teaching hospitals).

XI. AUSTRIA

All bodies subject to budgetary supervision by the "Rechnungshof" (audit authority) not having an industrial or commercial character.

XII. PORTUGAL

Categories

- Estabelecimentos públicos de ensino, investigação científica e saúde (public establishments for education, scientific research and health),

- Institutos públicos sem carácter comercial ou industrial (public institutions without commercial or industrial character),

- Fundações públicas (public foundations),

- Administrações gerais e juntas autónomas (general administration bodies and independent councils).

XIII. FINLAND

Public or publicly controlled entities or undertakings not having an industrial or commercial character.

XIV. SWEDEN

All non-commercial bodies whose procurement is subject to supervision by the National Board for Public Procurement.

XV. UNITED KINGDOM

Bodies

- Central Blood Laboratories Authority,

- Design Council,

- Health and Safety Executive,

- National Research Development Corporation,

- Public Health Laboratory Services Board,

- Advisory, Conciliation and Arbitration Service,

- Commission for the New Towns,

- Development Board For Rural Wales,

- English Industrial Estates Corporation,

- National Rivers Authority,

- Northern Ireland Housing Executive,

- Scottish Enterprise,

- Scottish Homes,

- Welsh Development Agency.

Categories

- Universities and polytechnics, maintained schools and colleges,

- National Museums and Galleries,

- Research Councils,

- Fire Authorities,

- National Health Service Authorities,

- Police Authorities,

- New Town Development Corporations,

- Urban Development Corporations.

ANNEX IV

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 [62]

[62] Non-warlike materials.

- 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 [63]

[63] Postal business covered by the Law of 24 December 1993.

- 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'assurance 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

DENMARK

1. Folketinget - Rigsrevisionen

2. Statsministeriet

3. Udenrigsministeriet - 2 departementer

4. Arbejdsministeriet - 5 styrelser og institutioner

5. Boligministeriet - 7 styrelser og institutioner

6. Erhvervsministeriet - 7 styrelser og institutioner

7. Finansministeriet - 3 styrelser og institutioner

8. Forskningsministeriet - 1 styrelse

9. Forsvarsministeriet [64] - adskillige institutioner

[64] Non-warlike materials.

10. Indenrigsministeriet - 2 styrelser

11. Justitsministeriet - 2 direktorater og adskillige politimyndigheder og domstole

12. Kirkeministeriet - 10 stiftsøvrigheder

13. Kulturministeriet - 3 institutioner samt adskillige statsejede museer og højere læreanstalter

14. Landbrugs- og fiskeriministeriet - 23 direktorater og institutioner

15. Miljø- og energiministeriet - 6 styrelser og forsøgsanlægget Risø

16. Skatteministeriet - 1 styrelse

17. Socialministeriet - 4 styrelser og institutioner

18. Sundhedsministeriet - adskillige institutioner inklusive Statens Seruminstitut

19. Trafikministeriet - 12 styrelser og institutioner

20. Undervisningsministeriet - 6 direktorater samt 12 universiteter og andre højere læreanstalter

21. Økonomiministeriet - Danmarks Statistik

GERMANY

1. Auswärtiges Amt

2. Bundesministerium für Arbeit und Sozialordnung

3. Bundesministerium für Bildung und Wissenschaft

4. Bundesministerium für Ernährung, Landwirtschaft und Forsten

5. Bundesministerium der Finanzen

6. Bundesministerium für Forschung und Technologie

7. Bundesministerium des Innern (nur zivile Güter)

8. Bundesministerium für Gesundheit

9. Bundesministerium für Frauen und Jugend

10. Bundesministerium für Familie und Senioren

11. Bundesministerium der Justiz

12. Bundesministerium für Raumordnung, Bauwesen und Städtebau

13. Bundesministerium für Post und Telekommunikation [65]

[65] With the exception of telecommunications equipment.

14. Bundesministerium für Wirtschaft

15. Bundesministerium für wirtschaftliche Zusammenarbeit

16. Bundesministerium der Verteidigung [66]

[66] Non-warlike materials.

17. Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit

18. Bundesministerium für Verkehr

GREECE

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 Organisation

35. Workers' Housing Organisation

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 Organisation

53. Farmers' Insurance Organisation

54. School Building Organisation

SPAIN

1. Ministerio de Asuntos Exteriores

2. Ministerio de Justicia

3. Ministerio de Defensa [67]

[67] Non-warlike materials.

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

FRANCE

1. Main Purchasing Bodies

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 Establishments

- 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 [68]

[68] Postal business only.

- 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 franAaise

- 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'opthalmologie 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'Ale-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

- 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 professionnelle 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)

IRELAND

1. Main Purchasing Bodies

Office of Public Works

2. Other Bodies

- 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 [69]

[69] Non-warlike materials.

- Department of Foreign Affairs

- Department of Social Welfare

- Department of Health

- Department of Transport, Energy and Communications

ITALY

1. Ministry of the Treasury [70]

[70] Acting as the central purchasing entity for most of the other Ministries or entities.

2. Ministry of Finance [71]

[71] Not including purchases made by the tobacco and salt monopolies.

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 Co-ordination (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 [72]

[72] Non-military materials.

14. Budget and Economic Planning Ministry

15. Ministry of Foreign Trade

16. Ministry of Posts and Telecommunications [73]

[73] Postal business only.

17. Ministry of the environment

18. Ministry of University and Scientifical and Technological Research

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 [74] - gendarmerie - police

[74] Non-warlike materials.

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

NETHERLANDS

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 + Directorate-General for Development Cooperation of the Ministry of Foreign Affairs - Ministerie van Buitenlandse Zaken + Ministerie voor Ontwikkelingssamenwerking

4. Ministry of Defence - Ministerie van Defensie [75]

[75] Non-warlike materials.

- 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

- 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 Naturalisation 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 für auswärtige Angelegenheiten

3. Bundesministerium für Gesundheit und Konsumentenschutz

4. Bundesministerium für Finanzen

(a) Amtswirtschaftsstelle

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

(c) Abteilung III/1 (Beschaffung von technischen Geräten, Einrichtungen und Sachgütern für die Zollwache)

5. Bundesministerium für Jugend und Familie - Amtswirtschaftsstelle

6. Bundesministerium für wirtschaftliche Angelegenheiten

7. Bundesministerium für Inneres

(a) Abteilung I/5 (Amtswirtschaftsstelle)

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

(c) Abteilung II/3 (Beschaffung von technischen Geräten und Einrichtungen für die Bundespolizei)

(d) Abteilung I/6 (Beschaffung von Sachgütern (mit Ausnahme der von der Abteilung II/3 zu beschaffenden Sachgüter) für die Bundespolizei)

(e) Abteilung IV/8 (Beschaffung von Fluggeräten)

8. Bundesministerium für Justiz - Amtswirtschaftsstelle

9. Bundesministerium für Landesverteidigung [76]

[76] Non-warlike materials.

10. Bundesministerium für Land- und Forstwirtschaft

11. Bundesministerium für Arbeit und Soziales - Amtswirtschaftsstelle

12. Bundesministerium für Unterricht und kulturelle Angelegenheiten

13. Bundesministerium für öffentliche Wirtschaft und Verkehr

14. Bundesministerium für Wissenschaft, Forschung und Kunst

15. Österreichisches Statistisches Zentralamt

16. Österreichische Staatsdruckerei

17. Bundesamt für Eich- und Vermessungswesen

18. Bundesversuchs- und Forschungsanstalt-Arsenal (BVFA)

19. Bundesstaatliche Prothesenwerkstätten

20. Austro Control GmbH - Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung

21. Bundesprüfanstalt für Kraftfahrzeuge

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

23. Bundesministerium für Umwelt - Amtswirtschaftsstelle

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

Secretariat General, 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

Secretariat General

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) [77]

[77] Authority under joint Ministry of Trade and Tourism and Ministry of Finance control.

INGA (National Agricultural Intervention and Guarantee Institute) [78]

[78] Authority under joint Ministry of Trade and Tourism and Ministry of Finance control

Ministry of the Environment and Natural Resources

Directorate-General for Environment

Institute for Environmental Promotion

Institute for the Consumer

Institute for Meteorology

Secretariat General

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

Secretariat General

ENATUR (National Tourism Enterprise) - Public enterprise [79]

[79] Authority under joint Ministry of Trade and Tourism and Ministry of Finance control

Ministry of Defence [80]

[80] Non-warlike materials.

National Security Authority

National Council for Emergency Civil Planning

Directorate-General for Armaments and Defence Equipments

Directorate-General for Infrastructure

Directorate-General for Personnel

Directorate-General for National Defence Policy

Secretariat General

Office of the Chief of Staff of the Armed Forces [81]

[81] Non-warlike materials.

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, Air Force [82]

[82] Non-warlike materials.

Air Force Logistics and Administrative Commando

General Workshop for Aeronautical Equipment

Office of the Chief of Staff, Army [83]

[83] Non-warlike materials.

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 [84]

[84] Non-military materials.

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

AAores 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

Secretariat General

Department for Planning and Financial Management

Department for Higher Education

Department for Secondary Education

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 António 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 [85]

[85] Authority under joint control of the Ministry of Employment and Social Security and Ministry of Health.

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

Secretariat General

National Secretariat for Rehabilitation

Social Services

Santa Casa da Misericórdia de Lisboa [86]

[86] Authority under joint control of the Ministry of Employment and Social Security and Ministry of Health.

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

Secretariat General

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)

Secretariat General

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 de 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

Secretariat General

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

Secretariat General

Institute for Management and Sales of State Housing

CTT - Post and Telecommunications of Portugal SA [87]

[87] Postal business 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

Secretariat General

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 Sérgio Cooperative Institute

Institute for Scientific and Tropical Research

Geographical and Land Register Institute

National Scientific and Technological Research Board

Secretariat General

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

Secretariat General

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 Medicament

Supporting 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

Secretariat General

Service for Prevention and Treatment of Drug Dependence

Social Services, Ministry of Health

FINLAND

OIKEUSKANSLERINVIRASTO // OFFICE OF THE CHANCELLOR OF JUSTICE

KAUPPA- JA TEOLLISUUSMINISTERIÖ // MINISTRY OF TRADE AND INDUSTRY

Kuluttajavirasto // National Consumer Administration

Elintarvikeviras // National Food Administration

Kilpailuvirast // Office of Free Competition

Kilpailuneuvosto // Council of Free Competition

asiamiehen toimis // Office of the Consumer Ombudsman

Kuluttajavalituslautakun // Consumer Complaint Board

Patentti- ja rekisterihallitu // National Board of Patents and Registration

LIIKENNEMINISTERIÖ // MINISTRY OF TRANSPORT AND COMMUNICATIONS

Telehallintokesku // Telecommunications Administration Centre

MAA- JA METSÄTALOUSMINISTERIÖ // MINISTRY OF AGRICULTURE AND FORESTRY

Maanmittauslaitos // National Land Survey of Finland

OIKEUSMINISTERIÖ // MINISTRY OF JUSTICE

Tietosuojavaltuutetun toimisto // The Office of the Data Protection Ombudsman

Tuomioistuinlaitos // Courts of Law

Korkein oikeus

Korkein hallinto- oikeus

Hovioikeudet

Käräjäoikeudet

Lääninoikeudet

Markkinatuomioistuin

Työtuomioistuin

Vakuutusoikeus

Vesioikeudet

Vankeinhoitolaitos // Prison Administration

OPETUSMINISTERIÖ // MINISTRY OF EDUCATION

Opetushallitus // National Board of Education

Valtion elokuvatarkastamo // National Office of Film Censorship

PUOLUSTUSMINISTERIÖ // MINISTRY OF DEFENCE

Puolustusvoimat [88] // Defence Forces

[88] Non-warlike materials.

SISÄASIAINMINISTERIÖ // MINISTRY OF THE INTERIOR

Väestörekisterikeskus // Population Register Centre

Keskusrikospoliisi // Central Criminal Police

Liikkuva poliisi // Mobile Police

Rajavartiolaitos [89] // Frontier Guard

[89] Non-warlike materials.

SOSIAALI- JA TERVEYSMINISTERIÖ // MINISTRY OF SOCIAL AFFAIRS AND HEALTH

Työttömyysturvalautakunta // Unemployment Appeal Board

Tarkastuslautakunta // Appeal Tribunal

Lääkelaitos // National Agency for Medicines

Terveydenhuollon oikeusturvakeskus // National Board of Medicolegal Affairs

Tapaturmavirasto // State Accident Office

Säteilyturvakeskus // Finnish Centre for Radiation and Nuclear Safety

Valtion turvapaikan hakijoiden // Reception Centres for

vastaanotto keskukset // Asylum Seekers

TYÖMINISTERIÖ // MINISTRY OF LABOUR

Valtakunnansovittelijain toimisto // National Conciliators' Office

Työneuvosto // Labour Council

ULKOASIAINMINISTERIÖ // MINISTRY FOR FOREIGN AFFAIRS

VALTIOVARAINMINISTERIÖ // MINISTRY OF FINANCE

Valtiontalouden tarkastusvirasto // State Economy Control ler's Office

Valtiokonttori // State Treasury Office

Valtion työmarkkinalaitos Verohallinto //

Tullihallinto //

Valtion vakuusrahasto //

YMPÄRISTÖMINISTERIÖ // MINISTRY OF ENVIRONMENT

Vesi- ja ympäristöhallitus // National Board of Waters and Environment

SWEDEN

Akademien för de fria konsterna // Royal Academy of Fine Arts

Allmänna advokatbyråerna(28) // Public Law-Service Offices(28)

Allmänna reklamationsnämnden // Nation al Board for Consumer Complaints

Arbetarskyddsstyrelsen // National Board of Occupational Safety and Health

Arbetsdomstolen // Labour Court

Arbetsgivarverk, statens // National Agency for Government Employers

Arbetslivscentrum // Centre for Working Life

Arbetslivsfonden // Working Lives Fund

Arbetsmarknadsstyrelsen // National Labour Market Board

Arbetsmiljöfonden // Work Environment Fund

Arbetsmiljöinstitutet // National Institute of Occupational Health

Arbetsmiljönämnd, statens // Board of Occupational Safety and Health for Government Employees

Arkitekturmuseet // Museum of Architecture

Arkivet för ljud och bild // National Archive of Recorded Sound and Moving Images

Arrendenämnder (12) // Regional Tenancies Tribunals (12)

Barnmiljörådet // National Child Environment Council

Beredning för utvärdering av medicinsk metodik, statens // Swedish Council on Technology Assessment in Health Care

Beredningen för internationell tekniskt-ekonomiskt samarbete // Agency for International Technical and Economic Co-operation

Besvärsnämnden för rättshjälp // Legal Aid Appeals Commission

Biblioteket, Kungl. // Royal Library

Biografbyrå, statens // National Board of Film Censors

Biografiskt lexikon, svenskt // Dictionary of Swedish Biography

Bokföringsnämnden // Swedish Accounting Standards Board

Bostadsdomstolen // Housing Appeal Court

Bostadskreditnämnd, statens (BKN) // National Housing Credit Guarantee Board

Boverket // National Housing Board

Brottsförebyggande rådet // National Council for Crime Prevention

Brottsskadenämnden // Criminal Injuries Compensation Board

Centrala försöksdjursnämnden // Central Committee for Laboratory Animals

Centrala studiestödsnämnden // National Board of Student Aid

Centralnämnden för fastighetsdata // Central Board for Real-Estate Data

Datainspektionen // Data Inspection Board

Departementen // Ministries (Government Departments)

Domstolsverket // National Courts Administration

Elsäkerhetsverket // National Electrical Safety Board

Expertgruppen för forskning om regional utveckling // Expert Group on Regional Studies

Exportkreditnämnden // Export Credits Guarantee Board

Fideikommissnämnden // Entailed Estates Council

Finansinspektionen // Financial Supervisory Authority

Fiskeriverket // National Board of Fisheries

Flygtekniska försöksanstalten // Aeronautical Research Institute

Folkhälsoinstitutet // National Institute of Public Health

Forskningsrådsnämnden // Council for Planning and Co- ordination of Research

Fortifikationsförvaltningen * [90] // Fortifications Administration

[90] Non-warlike materials. This footnote concerns all entities marked with an asterisk.

Frivårdens behandlingscentral // Probation Treatment Centre

Förlikningsmannaexpedition statens // National Conciliators' Office

Försvarets civilförvaltning* // Civil Administration of the Defence Forces

Försvarets datacenter* // Defence Data-Processing Centre

Försvarets forskningsanstalt* // National Defence Research Establishment

Försvarets förvaltningsskola* // Defence Forces' Administration School

Försvarets materielverk* // Defence Material Administration

Försvarets radioanstalt* // National Defence Radio Institute

Försvarets sjukvårdsstyrelse* // Medical Board of the Defence Forces

Försvarshistoriska musseer, statens* // Swedish Museums of Military History

Försvarshögskolan* // National Defence College

Försäkringskassorna // Social Insurance Offices

Försäkringsdomstolarna // Social Insurance Courts

Försäkringsöverdomstolen // Supreme Social Insurance Court

Geologiska undersökning, Sveriges // Geological Survey of Sweden

Geotekniska institut, statens // Geotechnical Institute

Glesbygdsmyndigheten // National Rural Area Development Authority

Grafiska institutet och institutet för högre kommunikations-och reklamutbildning // Graphic Institute and the Graduate School of Communications

Handelsflottans kultur- och fritidsråd // Swedish Government Seamen's Service

Handelsflottans pensionsanstalt // Merchant Pensions Institute

Handikappråd, statens // National Council for the Disabled

Haverikommission, statens // Board of Accident Investigation

Hovrätterna (6) // Courts of Appeal (6)

Humanistisk-samhällsvetenskapliga forskningsrådet // Council for Research in the Humanities and SocialSciences

Hyresnämnder (12) // Regional Rent Tribunals (12)

Häktena (30) // Remand Prisons (30)

Hälso-och sjukvårdens ansvarsnämnd // Committee on Medical Responsibility

Högsta domstolen // Supreme Court

Inskrivningsmyndigheten för företagsinteckningar // Register Authority for Floating Charges

Institut för byggnadsforskning, statens // Council for Building Research

Institut för psykosocial miljömedicin, statens // National Institute for Psycho-Social Factors and Health

Institutet för rymdfysik // Swedish Institute of Space Physics

Invandrarverk, statens // Swedish Immigration Board

Jordbruksverk, statens // Swedish Board of Agriculture

Justitiekanslern // Office of the Chancellor of Justice

Jämställdhetsombudsmannen och jämställdhetsdelegationen // Office of the Equal Opportunities Ombudsman and the Equal Opportunities Commission

Kabelnämnden/Närradionämnden // Swedish Cable Authority / Swedish Community Radio Authority

Kammarkollegiet // National Judicial Board of Public Lands and Funds

Kammarrätterna (4) // Administrative Courts of Appeal (4)

Kemikalieinspektionen // National Chemicals Inspectorate

Kommerskollegium // National Board of Trade

Koncessionsnämnden för miljö-skydd // National Franchise Board for Environment Protection

Konjunkturinstitutet // National Institute of Economic Research

Konkurrensverket // Swedish Competition Authority

Konstfackskolan // College of Arts, Crafts and Design

Konsthögskolan // College of Fine Arts

Konstmuseer, statens // National Art Museums

Konstnärsnämnden // Arts Grants Committee

Konstråd, statens // National Art Council

Konsumentverket // National Board for Consumer Policies

Krigsarkivet* // Armed Forces Archives

Kriminaltekniska laboratorium, statens // National Laboratory of Forensic Science

Kriminalvårdens regionkanslier (7) // Correctional Region Offices (7)

Kriminalvårdsanstalterna (78) // National / Local Institutions (78)

Kriminalvårdsnämnden // National Paroles Board

Kriminalvårdsstyrelsen // National Prison and Probation Administration

Kronofogdemyndigheterna (24) // Enforcement Services (24)

Kulturråd, statens // National Council for Cultural Affairs

Kustbevakningen* // Swedish Coast Guard

Kärnkraftinspektion, statens // Nuclear-Power Inspectorate

Lantmäteriverk, statens // Central Office of the National Land Survey

Livrustkammaren/Skoklosters slott/ // Royal Armoury

Hallwylska museet //

Livsmedelsverk, statens // National Food Administration

Lotterinämnden // Gaming Board

Läkemedelsverket // Medical Products Agency

Läns- och distriktsåklagarmyndigheterna // County Public Prosecution Authority and District Prosecution Authority

Länsarbetsnämnderna (24) // County Labour Boards (24)

Länsrätterna (25) // County Administrative Courts (25)

Länsstyrelserna (24) // County Administrative Boards (24)

Löne- och pensionsverk, statens // National Government Employee Salaries and Pensions Board

Marknadsdomstolen // Market Court

Maskinprovningar, statens // National Machinery Testing Institute

Medicinska forskningsrådet // Medical Research Council

Meteorologiska och hydrologiska institut, Sveriges // Swedish Meteorological and Hydrological Institute

Militärhögskolan* // Armed Forces Staff and War College

Musiksamlingar, statens // Swedish National Collections of Music

Naturhistoriska riksmuseet // Museum of Natural History

Naturvetenskapliga forskningsrådet // Natural Science Research Council

Naturvårdsverk, statens // National Environmental Protection Agency

Nordiska Afrikainstitutet // Scandinavian Institute of African Studies

Nordiska hälsovårdshögskolan // Nordic School of Public Health

Nordiska institutet för samhällsplanering // Nordic Institute for Studies in Urban and RegionalPlanning

Nordiska museet, stiftelsen // Nordic Museum

Nordiska rådets svenska delegation // Swedish Delegation of the Nordic Council

Notarienämnden // Recorders Committee

Nämnden för internationella adoptionsfrågor // National Board for Intra-Country Adoptions

Nämnden för offentlig upphandling // National Board for Public Procurement

Nämnden för statens gruvegendom // State Mining Property Commission

Nämnden för statliga förnyelsefonder // National Fund for Administrative Development and Training for Government Employees

Nämnden för utställning av nutida svensk konst i utlandet // Swedish National Committee for Contemporary Art Exhibitions Abroad

Närings- och teknikutvecklingsverket // National Board for Industrial and Technical Development

Ombudsmannen mot etnisk diskriminering och nämnden mot etnisk diskriminering // Office of the Ethnic Discrimination Ombudsman Advisory Committee on Questions Concerning Ethnic Discrimination

Patentbesvärsrätten // Court of Patent Appeals

Patent- och registreringsverket // Patents and Registration Office

Person- och adressregisternämnd, statens // Co-ordinated Population and Address Register

Polarforskningssekretariatet // Swedish Polar Research Secretariat

Presstödsnämnden // Press Subsidies Council

Psykologisk-pedagogiska bibliotek, statens // National Library for Psychology and Education

Radionämnden // Broadcasting Commission

Regeringskansliets förvaltningskontor // Central Services Office for the Ministries

Regeringsrätten // Supreme Administrative Court

Riksantikvarieämbetet och statens historiska museer // Central Board of National Antiquities and National Historical Museums

Riksarkivet // National Archives

Riksbanken // Bank of Sweden

Riksdagens förvaltningskontor // Administration Department of the Swedish Parliament

Riksdagens ombudsmän, JO // The Parliamentary Ombudsmen

Riksdagens revisorer // The Parliamentary Auditors

Riksförsäkringsverket // National Social Insurance Board

Riksgäldskontoret // National Debt Office

Rikspolisstyrelsen // National Police Board

Riksrevisionsverket // National Audit Bureau

Riksskatteverket // National Tax Board

Riksutställningar, Stiftelsen // Travelling Exhibitions Service

Riksåklagaren // Office of the Prosecutor- General

Rymdstyrelsen // National Space Board

Råd för byggnadsforskning, statens // Council for Building Research

Rådet för grundläggande högskoleutbildning // Council for Renewal of Undergraduate Education

Räddningsverk, statens // National Rescue Services Board

Rättshjälpsnämnden // Regional Legal-aid Commission

Rättsmedicinalverket // National Board of Forensic Medicine

Sameskolstyrelsen och sameskolor // Sami (Lapp) School Board and Sami (Lapp) Schools

Sjöfartsverket // National Maritime Administration

Sjöhistoriska museer, statens // National Maritime Museums

Skattemyndigheterna (24) // Local Tax Offices (24)

Skogs- och jordbrukets forkningsråd // Swedish Council for Forestry and Agricultural Research

Skogsstyrelsen // National Board of Forestry

Skolverk, statens // National Agency for Education

Smittskyddsinstitutet // Swedish Institute for Infectious Disease Control

Socialstyrelsen // National Board of Health and Welfare

Socialvetenskapliga forskningsrådet // Swedish Council for Social Research

Sprängämnesinspektionen // National Inspectorate of Explosives and Flammables

Statistiska centralbyrån // Statistics Sweden

Statskontoret // Agency for Administrative Development

Stiftelsen WHO // Collaborating Centre on International Drug Monitoring

Strålskyddsinstitut, statens // National Institute of Radiation Protection

Styrelsen för internationell utveckling, SIDA // Swedish International Development Authority

Styrelsen för Internationellt Näringslivsbistånd, SWEDECORP // Swedish International Enterprise Development

Styrelsen för psykologiskt försvar* // National Board of Psychological Defence

Styrelsen för Sverigebilden // Image Sweden

Styrelsen för teknisk ackreditering // Swedish Board for Technical Accreditation

Styrelsen för u-landsforskning, SAREC // Swedish Agency for Research Cooperation with Developing Countries

Svenska institutet, stiftelsen // Swedish Institute

Talboks- och punktskriftsbiblioteket // Library of Talking Books and Braille Publications

Teknikvetenskapliga forskningsrådet // Swedish Research Council for Engineering Sciences

Tekniska museet, stiftelsen // National Museum of Science and Technology

Tingsrätterna (97) // District and City Courts (97)

Tjänsteförslagsnämnden för domstolsväsendet // Judges Nomination Proposal Committee

Transportforskningsberedningen // Transport Research Board

Transportrådet // Board of Transport

Tullverket // Swedish Board of Customs

Ungdomsråd, statens // State Youth Council

Universitet och högskolor // Universities and University Colleges

Utlänningsnämnden // Aliens Appeals Board

Utsädeskontroll, statens // National Seed Testing and Certification Institute

Vatten- och avloppsnämnd, statens // National Water Supply and Sewage Tribunal

Vattenöverdomstolen // Water Rights Court of Appeal

Verket för högskoleservice (VHS) // National Agency for Higher Education

Veterinärmedicinska anstalt, statens // National Veterinary Institute

Väg- och trafikinstitut, statens // Road and Traffic Research Institute

Värnpliktsverket* // Armed Forces' Enrolment Board

Växtsortnämnd, statens // National Plant Variety Board

Yrkesinspektionen // Labour Inspectorate

Åklagarmyndigheterna // Public Prosecution Authorities

Överbefälhavaren // Supreme Commander of the Armed Forces

Överstyrelsen för civil beredskap // National Board of Civil Emergency Preparedness

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 Trusts

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 Art 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

Social Security Advisory Co

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

The Buying Agency

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 Research Laboratory

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary's Department

Government Communications Headquarters

Home Office

Boundary Commission 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 Trustee 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 [91]

[91] Non-warlike materials.

Meteorological Office

Procurement Executive

National Audit Office

National Investment Loans Office

Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Courts

Enforcement of Judgements 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

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, Department of the 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

Sheriff 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

Education Department

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Scottish Higher Education Funding Council

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 Health Service Authorities and Trusts

Scottish Police College

Scottish Record Office

HM Stationery Office (HMSO)

HM Treasury

Forward

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 V

LIST OF PRODUCTS REFERRED TO IN ARTICLE 8 CONCERNING THE AWARD OF CONTRACTS BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE [92]

[92] This list is taken from Annex 1, point 3, of the agreement on public contracts concluded at the multilateral negotiations of the Uruguay round (1986-1994).

Chapter 25: Salt, sulphur, earths and stone, plastering materials, lime and cement

Chapter 26: Metallic ores, slag and ash

Chapter 27: Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes

except:

ex 27.10: special engine fuels (not for Austria)

heating oils and fuels (only Austria)

Chapter 28: Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and of isotopes

except:

ex 28.09: explosives

ex 28.13: explosives

ex 28.14: tear gas

ex 28.28: explosives

ex 28.32: explosives

ex 28.39: explosives

ex 28.50: toxic products

ex 28.51: toxic products

ex 28.54: explosives

Chapter 29: Organic chemicals

except:

ex 29.03: explosives

ex 29.04: explosives

ex 29.07: explosives

ex 29.08: explosives

ex 29.11: explosives

ex 29.12: explosives

ex 29.13: toxic products

ex 29.14: toxic products

ex 29.15: toxic products

ex 29.21: toxic products

ex 29.22: toxic products

ex 29.23: toxic products

ex 29.26: explosives

ex 29.27: toxic products

ex 29.29: explosives

Chapter 30: Pharmaceutical products

Chapter 31: Fertilisers

Chapter 32: Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks

Chapter 33: Essential oils and resinoids, parfumery, cosmetic or toilet preparations

Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and "dental waxes"

Chapter 35: Albuminoidal substances, glues, enzymes

Chapter 36: Explosives, pyrotechnic products, matches, pyrophoric alloys, certain combustible preparations (only Austria and Sweden)

except (only Austria):

ex 36.01: propellent powders

ex 36.02: prepared explosives

ex 36.04: detonators

ex 36.08: explosives

Chapter 37: Photographic and cinematographic goods

Chapter 38: Miscellaneous chemical products

except:

ex 38.19: toxic products (not for Sweden)

Chapter 39: Artificial resins and plastic materials, celluloses esters and ethers, articles thereof

except:

ex 39.03: explosives (not for Sweden)

Chapter 40: Rubber, synthetic rubber, factice, and articles thereof

except:

ex 40.11: automobile tyres (not for Sweden)

Chapter 41: Raw hides and skins (other than furskins) and leather (not for Austria)

Chapter 42: Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut) (not for Austria)

Chapter 43: Furskins and artificial fur, manufactures thereof

Chapter 44: Wood and articles of wood, wood charcoal (not for Austria)

Chapter 45: Cork and articles of cork

Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork

Chapter 47: Paper-making material

Chapter 48: Paper and paperboard, articles of paper pulp, of paper or of paperboard (not for Austria)

Chapter 49: Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans (not for Austria)

Chapter 65: Headgear and parts thereof

except (only Austria):

ex 65.05: military headgear

Chapter 66: Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof

Chapter 67: Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair

Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials

Chapter 69: Ceramic products

Chapter 70: Glass and glassware

Chapter 71: Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery

Chapter 72: Coins (only Austria and Sweden)

Chapter 73: Iron and steel and articles thereof

Chapter 74: Copper and articles thereof

Chapter 75: Nickel and articles thereof

Chapter 76: Aluminium and articles thereof

Chapter 77: Magnesium and beryllium and articles thereof

Chapter 78: Lead and articles thereof

Chapter 79: Zinc and articles thereof

Chapter 80: Tin and articles thereof

Chapter 81: Other base metals employed in metallurgy and articles thereof

Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal, parts thereof

except:

ex 82.05: tools (not for Austria)

ex 82.07: tools, parts

ex 82.08: hand tools (only Austria)

Chapter 83: Miscellaneous articles of base metal

Chapter 84: Boilers, machinery and mechanical appliances, parts thereof

except:

ex 84.06: engines

ex 84.08: other engines

ex 84.45: machinery

ex 84.53: automatic data-processing machines (not for Austria)

ex 84.55: parts of machines under heading No 84.53 (not for Austria and Sweden)

ex 84.59: nuclear reactors (not for Austria and Sweden)

Chapter 85: Electrical machinery and equipment, parts thereof

except:

ex 85.03: electric cells and batteries (only Austria)

ex 85.13: telecommunication equipment

ex 85.15: transmission apparatus

Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered)

except:

ex 86.02: armoured locomotives, electric

ex 86.03: other armoured locomotives

ex 86.05: armoured wagons

ex 86.06: repair wagons

ex 86.07: wagons

Chapter 87: Vehicles, other than railway or tramway rolling-stock, and parts thereof

except:

ex 87.08: tanks and other armoured vehicles

ex 87.01: tractors

ex 87.02: military vehicles

ex 87.03: breakdown lorries

ex 87.09: motorcycles

ex 87.14: trailers

Chapter 88: Aircraft and parts thereof (only Austria)

Chapter 89: Ships, boats and floating structures

except:

ex 89.01: warships (only Austria)

ex 89.01A: warships (not for Austria)

ex 89.03: floating structures (only Austria)

Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof

except:

ex 90.05: binoculars

ex 90.13: miscellaneous instruments, lasers

ex 90.14: telemeters

ex 90.28: electrical and electronic measuring instruments

ex 90.11: microscopes (not for Austria and Sweden)

ex 90.17: medical instruments (not for Austria and Sweden)

ex 90.18: mechano-therapy appliances (not for Austria and Sweden)

ex 90.19: orthopaedic appliances (not for Austria and Sweden)

ex 90.20: X-ray apparatus (not for Austria and Sweden)

Chapter 91: Manufacture of watches and clocks

Chapter 92: Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles

Chapter 94: Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings

except:

ex 94.01A: aircraft seats (not for Austria)

Chapter 95: Articles and manufactures of carving or moulding material

Chapter 96: Brooms, brushes, powder-puffs and sieves

Chapter 97: Toys, games and sport requisites, parts thereof (only Austria and Sweden)

Chapter 98: Miscellaneous manufactured articles

ANNEX VI

DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

For the purposes of this Directive:

1. (a) "technical specification", in the case of public service or supply contracts, means a specification in a document defining the required characteristics of a product, such as quality levels, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling and conformity assessment procedures;

(b) "technical specification", in the case of public works contracts, means the totality of the technical prescriptions contained in particular in the tender documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting authority. These characteristics shall include levels of conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling. They shall also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;

2. "standard" means a technical specification approved by a recognised standardising body for repeated or continuous application, compliance with which is not compulsory and which falls into one of the following categories:

- international standard: a standard adopted by an international standards organisation and made available to the general public,

- European standard: a standard adopted by a European standards organisation and made available to the general public,

- national standard: a standard adopted by a national standards organisation and made available to the general public;

3. "European technical approval" means a favourable technical assessment of the fitness for use of a product for a particular purpose, based on fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product and the defined conditions of application and use. European technical approval is issued by an approval body designated for this purpose by the Member State;

4. "Common technical specification" means a technical specification laid down in accordance with a procedure recognised by the Member States which has been published in the Official Journal of the European Communities;

5. "technical reference": any product produced by European standardisation bodies, other than official standards, according to procedures adopted for the development of market needs.

ANNEX VII A

INFORMATION TO BE INCLUDED IN PUBLIC CONTRACT NOTICES

PRIOR INFORMATION NOTICE

1. The name, address, telefax number, electronic address 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, reference number of the nomenclature,

or the total envisaged amount of the purchases in each of the service categories in Annex I A,

or the nature and extent of the works, site; if the work is to be subdivided into several lots, the essential characteristic of these lots by reference to the work; if available an estimate of the cost range of the proposed works.

3. Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of public service contracts by category.

4. Where appropriate, indicate whether a framework agreement.

5. Where appropriate, other information.

6. Date of dispatch of the notice.

7. Indicate whether the contract is covered by the Agreement (GPA).

CONTRACT NOTICES

1. Name, address, telefax number, electronic address of the contracting authority.

2. (a) The award procedure chosen.

(b) Where appropriate, reasons for use of the accelerated procedure (in restricted and negotiated procedures).

(c) Where appropriate, indicate whether a framework agreement.

3. Form of the contract.

4. (a) Place for delivery of products, provision of services or execution/performance of the works.

5. (a) Public supply contracts:

nature of the products to be supplied indicating in particular whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, nomenclature reference number. Quantity of product to be supplied indicating in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options. In the case of regular or renewable contracts during the course of a given period, indicate also, if known, the time frame for subsequent contracts for purchase of intended supplies.

(b) Public service contracts: category and description of service. Nomenclature reference number. Quantity of services to be provided. Indicate in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options. In the case of renewable contracts over a given period, an estimate of the time frame, if known, for subsequent public contracts for purchase of intended services.

- Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession;

- Reference to the law, regulation or administrative provision;

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

(c) Public works contracts:

- Nature and extent of the works and general nature of the work. Indication in particular of options concerning supplementary works, and, if known, the provisional timetable for exercise of these options. If the work or the contract is subdivided into several lots, the size of the different lots.

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

6. If the contracts are subdivided into lots indication of the possibility of tendering for one, for several or for all the lots;

7. Any time-limit for completion of supplies/services/works or duration of the supply/services/works contract; where possible any time-limit by which delivery of supplies or services will begin or be completed, or where possible, time-limit by which works will begin.

8. For framework agreements: the envisaged number of economic operators taking part, the duration of the agreement specifying, where appropriate, the reasons for use of a framework agreement exceeding three years, the total value of supplies/services/works estimated for the duration of the framework agreement and the value and frequency of contracts to be awarded.

9. Where applicable, prohibition of variants.

10. Where applicable particular conditions to which the performance of the contract is subject.

11. In the case of open procedures:

(a) Name and address of the service from which contract documents and additional documents can be requested;

(b) Where appropriate, time-limit for presentation of such requests;

(c) Where appropriate, cost and payment conditions to obtain these documents.

12. (a) time-limit for receipt of tenders (open procedures);

(b) time-limit for receipt of request to participate (restricted and negotiated procedures);

(c) address where these have to be transmitted;

(d) the language or languages in which they must be drawn up.

13. In the case of open procedures:

(a) persons authorised to be present at the opening of tenders;

(b) date, time and place for such opening.

14. Where appropriate any deposit and guarantees required.

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

16. Where applicable, the legal form to be taken by the grouping of economic operators to whom the contract is to be awarded.

17. Information concerning the economic operators' personal situation, information and any necessary formalities for assessment of the minimum economic and technical standards required of the economic operator. Specific level(s) of standards possibly required.

18. Minimum number and, where appropriate, maximum number of candidates that the contracting authority intends to invite to submit tenders (restricted and negotiated procedures).

19. Time frame during which the tenderer must maintain its tender (open procedures).

20. Where appropriate, names and addresses of economic operators already selected by the contracting authority (negotiated procedures).

21. Criteria to be used for award of the contract. Criteria representing the most economically advantageous tender as well as their weighting in restricted and negotiated procedures. In the case of open procedures these criteria and their weighting shall be mentioned where they do not appear in the contract documents.

22. Date(s) of publication of the pre-information notice in accordance with the technical specifications of publication indicated in Annex VIII or statement that no such publication made.

23. Date of dispatch of the notice.

24. Indicate whether the contract is covered by the Agreement (GPA).

CONTRACT AWARD NOTICES

1. Name and address of the contracting authority.

2. Award procedures chosen. In the case of negotiated procedure without prior publication of a contract notice, justification (Article 28).

3. Public supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; nomenclature reference number.

Public service contracts: category and description of the service; nomenclature reference number; quantity of services bought.

Public works contracts: nature and extent of provision, general characteristics of the work.

4. Date of contract award.

5. Contract award criteria.

6. Number of tenders received.

7. Name and address of the successful economic operators.

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

9. Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the contract award.

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

11. Date of publication of the tender notice in accordance with the technical specifications for publication in Annex VIII.

12. Date of dispatch of this notice.

ANNEX VII B

INFORMATION TO BE INCLUDED IN SERVICE DESIGN CONTEST NOTICES

DESIGN CONTEST NOTICE

1. Name, address, fax number and electronic address of the contracting authority and, if different, of the service from which additional information may be obtained.

2. Project description.

3. Nature of the contest: open or restricted.

4. In the case of open contests: final date for receipt of projects.

5. In the case of restricted contests:

(a) the number of participants envisaged;

(b) where applicable, names of participants already selected;

(c) criteria for the selection of participants;

(d) final date for receipt of requests to participate.

6. Where applicable, indication of whether participation is reserved to a particular profession.

7. Criteria to be applied in the evaluation of projects.

8. Where applicable, names of the selected members of the jury.

9. Indication of whether the decision of the jury is binding on the contracting authority.

10. Where applicable, number and value of prizes.

11. Where applicable, details of payments to all participants.

12. Indication of whether the prize-winners are permitted any follow-up contracts.

13. Date of dispatch of the notice.

NOTICE FOR RESULTS OF DESIGN CONTEST

1. Name, address, fax number and electronic address of the contracting authority.

2. Project description.

3. Total number of participants.

4. Number of foreign participants.

5. Winner(s) of the contest.

6. Where applicable, the prize(s).

7. Reference of the design contest notice.

8. Date of dispatch of the notice.

ANNEX VII C

INFORMATION TO BE INCLUDED IN PUBLIC WORKS CONCESSION NOTICES

1. Name, address, fax number and electronic address of the contracting authority.

2. (a) Site;

(b) Subject of the concession, nature and extent of the services to be provided.

3. (a) Final date for receipt of candidatures;

(b) Address to which candidatures must be sent;

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

4. Personal, technical and financial conditions to be fulfilled by the candidates.

5. Criteria for award of contract.

6. Where applicable, the minimum percentage of the works contracts awarded to third parties.

7. Date of dispatch of the notice.

ANNEX VII D

INFORMATION TO BE INCLUDED IN THE NOTICE OF WORKS CONTRACTS AWARDED BY THE CONCESSIONAIRE

1. (a) Site;

(b) Nature and extent of the services to be provided and the general nature of the work.

2. Any time-limit for the completion of the works.

3. Name and address of the service from which the contract documents and additional documents may be requested.

4. (a) Final date for receipt of requests to participate and/or for receipt of tenders;

(b) Address to which requests must be sent;

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

5. Any deposit and guarantees required.

6. Economic and technical standards required of the contractor.

7. Criteria for the award of the contract.

8. Date of dispatch of the notice.

ANNEX VIII

TECHNICAL SPECIFICATIONS FOR PUBLICATION

1. Publication of notices

(a) Where this Directive requires contracting authorities to publish certain items of information, they are to send this information in the required format to the Office for Official Publications of the European Communities either in electronic form, in accordance with point 3, or by other means.

(b) In the case of the accelerated procedures referred to in Article 37(9), the notices shall be sent by fax, or by the electronic means specified in point 3.

(c) Notices referred to in Articles 34, 59, 66 and 72 are published through the Office for Official Publications of the European Communities.

In addition, contracting authorities may publish this information on the Internet on a "buyer profile" as specified in point 2(b).

(d) The Office for Official Publications of the European Communities will confirm to the contracting authority that the information submitted has been published, indicating the date of publication. This confirmation constitutes proof of actual publication.

2. Publication of complementary or additional information

(a) Contracting authorities are encouraged to publish the specifications in their entirety on the Internet. Contracting authorities who make the contract documents available in this way shall specify the Internet address where this documentation may be accessed in the text of the contract notices referred to in Articles 34(2), 59(1), 66 and 72.

(b) Contracting authorities are encouraged to publish their "buyer profile" on the Internet. The profile may include information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled and any useful general information, such as a contact point, a telephone and a fax number, a postal address and an e-mail address.

3. Sending information electronically

The arrangements for sending information electronically must comply with those set out at the Internet address " http://simap.eu.int ".

ANNEX IX

PROFESSIONAL AND TRADE REGISTERS

ANNEX IX A

PUBLIC SUPPLY CONTRACTS

The relevant professional or trade registers and the corresponding declarations and certificates are:

- in Belgium: "Registre du commerce/Handelsregister";

- in Denmark: "Aktieselskabsregistret", "Foreningsregistret" and "Handelsregistret";

- in Germany: "Handelsregister" and "Handwerksrolle";

- in Greece: "Âéïôå÷íéêü Þ Âéïìç÷áíéêü Þ Åìðïñéêü ÅðéìåëçôÞñéï";

- in Spain: "Registro Mercantil" or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;

- in France: "Registre du commerce" and "Répertoire des métiers";

- in Italy: "Registro della Camera di commercio, industria, agricoltura e artigianato", and "Registro delle Commissioni provinciali per l'artigianato";

- in Luxembourg: "Registre aux firmes" and "Rôle de la chambre des métiers";

- in the Netherlands: "Handelsregister";

- in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";

- in Portugal: "Registo Nacional das Pessoas Colectivas";

- in Finland, the "Kaupparekisteri" and "Handelsregistret";

- in Sweden, the "aktiebolags-, handels- eller föreningsregistren".

- in the United Kingdom and Ireland, the supplier may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies, that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name and under a specific trading name;

ANNEX IX B

PUBLIC SERVICE CONTRACTS

The relevant professional and trade registers or declarations or certificates are:

- in Belgium, the "Registre du commerce - Handelsregister" and the "Ordres professionels - Beroepsorden";

- in Denmark, the "Erhvervs- og Selskabstyrelsen";

- in Germany, the "Handelsregister", the "Handwerksrolle" and the "Vereinsregister";

- in Greece, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services as mentioned in Annex I A, the professional register "Mçôñþï Ìåëåôçôþí" and "Ìçôñþï Ãñáöåßùí Ìåëåôþí";

- in Spain, the "Registro Central de Empresas Consultoras y de Servicios del Ministerio de Economía y Hacienda";

- in France, the "Registre du commerce" and the "Répertoire des métiers";

- in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", the 'Registro delle commissioni provinciali per l'artigianato" or the "Consiglio nazionale degli ordini professionali';

- in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";

- in the Netherlands, the "Handelsregister"; in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";

- in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";

- in Portugal, the "Registro nacional das Pessoas Colectivas";

- in Finland, the "Kaupparekisteri" and "Handelsregistret";

- in Sweden, "aktiebolags-, handels- eller föreningsregistren".

- in the United Kingdom and Ireland, the service provider may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name;

ANNEX IX C

PUBLIC WORKS CONTRACTS

The professional registers and corresponding declarations and certificates for each Member State are:

- in Belgium, the "Registre du Commerce", "Handelsregister";

- in Denmark, the "Handelsregistret", "Aktieselskabesregistret" and "Erhvervsregistret";

- in Germany, the "Handelsregister" and the "Handwerksrolle";

- in Greece, the "Register of contractors' enterprises" ("Mçôñþï Åñãïëçðôéêþí Åðé÷åéñÞóåùí" - MEEÐ) of the Ministry for Environment, Town and Country Planning and Public Works (YÐÅ×ÙÄÅ);

- in Spain, the "Registro Oficial de Contratistas del Ministerio de Industria, Comercio y Turismo";

- in France, the "Registre du commerce" and the "Répertoire des métiers";

- in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato";

- in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";

- in the Netherlands, the "Handelsregister";

- in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";

- in Portugal, the "Commissao de Alvarás de Empresas de Obras Públicas e Particulares" (CAEOPP';

- in Finland, the "Kaupparekisteri" and "Handelsregistret";

- in Sweden, the "aktiebolags-, handels- eller föreningsregistren".

- in the United Kingdom and Ireland, the contractor may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;

ANNEX X

DEADLINES FOR APPLICATION OF TRANSPOSITION MEASURES

(Article 80)

Directive // Deadlines for transposition

92/50/EEC (OJ L 209, 24.7.92)

Austria, Finland, Sweden* // 1 July 1993

1 January 1995

93/36/EEC (OJ L 199, 09.08.93)

Austria, Finland, Sweden* // 13 June 1994

1 January 1995

93/37/EEC (OJ L 199, 09.08.93)

consolidation of directives:

-71/305/EEC (OJ L 185, 16.08.71): //

- EC - 6

- DK, IRL, UK

- Greece

- Spain, Portugal

- Austria, Finland, Sweden* // 30 July 1972

1 January 1973

1 January 1981

1 January 1986

1 January 1995

- 89/440/EEC (OJ L 210, 21.07.1989): //

- EC -9

- Greece, Spain, Portugal

- Austria, Finland, Sweden* // 19 July 1990

1 March 1992

1 January 1995

97/52/EC (OJ L 328, 28.11.97) // 13 October 1998

* EEA: 1 January 1994

ANNEX XI

CORRELATION TABLE [93]

[93] "Adapted" means that the wording of the text was changed, while the meaning of the repealed directives was preserved. Changes to the meaning of the provisions of the repealed directives are indicated by the term "amended". This term appears in the last column when the amendment concerns the provisions of the three repealed directives. When the amendment only affects one or two of these directives, the term "amended" is included in the column of the directives concerned.

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FINANCIAL STATEMENT

1. TITLE OF OPERATION

Proposal for a Directive of the European Parliament and of the Council on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts.

2. BUDGET HEADING(S) INVOLVED

B5-304 (OJ, Series S)

3. LEGAL BASIS

Articles 47 (2), 55 and 95 of the EC Treaty

4. DESCRIPTION OF OPERATION

4.1 General objective of operation

Recasting the Directives on public Supplies (93/36/EEC), Works (93/37/EEC) and Services (92/50/EEC) with a view to:

- simplification

- modernisation

- increasing flexibility

4.2 Period covered by the action and renewal procedures

To take effect upon entry into force of the texts (18 months after adoption).

5. CLASSIFICATION OF EXPENDITURE

5.1 NON-COMPULSORY EXPENDITURE

5.2 DIFFERENTIATED APPROPRIATIONS

5.3 Type of revenue involved

6. TYPE OF EXPENDITURE/REVENUE

Other:

To help increase transparency and opening-up of public contracts, while encouraging the publication, by electronic means in particular, of non-compulsory contract notices.

7. FINANCIAL IMPACT

7.1 Method of calculating total cost of operation (relation between individual and total cost)

Not applicable

7.2 Itemised cost breakdown

Not applicable

7.3 Operational expenditure for studies, experts etc. included in Part B of the budget

Commitment appropriations EUR million (current prices)

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7.4 Schedule of commitment and payment appropriations

Not applicable

8. PLANNED FRAUD PREVENTION MEASURES

Budget managed by the Secretariat-General of the Commission.

9. COST-BENEFIT ANALYSIS

9.1 Specific quantifiable objectives, target population

Specific objectives: links with the general objective

Increase in the number of notices published voluntarily in the OJ, Series S, using electronic means in particular.

Target population:

Non-compulsory publication: potentially all contracting authorities

9.2 Grounds for operation

Need for Community financial aid in the light of the principle of subsidiarity

The transparency and opening-up of public contracts in the European Union can be assured only by way of publication at Community level.

Choice of ways and means

Use of the centralised publication system set up at the Publications Office under the public contracts Directives. The Publications Office will use mainly electronic means for the additional publication of voluntary notices.

Main factors of uncertainty which could affect the specific results of the operation.

Use by contracting authorities of the Publications Office's means of publication.

Publications Office's assessment: number of notices published expected to grow by 10% annually.

9.3 Monitoring and evaluation of the operation

Performance indicators

The number of notices published voluntarily and the number of contracting authorities issuing such notices.

Details and frequency of planned evaluations

Annual evaluation by the Publications Office

Assessment of the results obtained (where an existing operation is being continued or renewed).

Not applicable.

10. ADMINISTRATIVE EXPENDITURE (PART A OF SECTION III OF THE GENERAL BUDGET)

No effect on Part A of Section III of the General Budget.

IMPACT EVALUATION IMPACT OF THE PROPOSAL ON BUSINESSES AND PARTICULARLY SMEs

Title of the proposal

Proposal for a Directive of the European Parliament and of the Council coordinating the procurement procedures for concluding public supply, services and works contracts.

Document reference number

...

The proposal

1. In view of the principle of subsidiarity, why is Community legislation necessary in this field and what are the main objectives-

This proposal for a Directive is aimed at recasting Community legislation on public procurement, the objective being to create a genuine internal European market in this area. This legislation is not intended to replace national law but to ensure compliance with the principles of equality of treatment, non-discrimination, transparency and competition in the award of public contracts in all Member States. It is consequently based on an exclusive competence of the Community and complies with the principle of proportionality.

The proposal in question, which follows on from the debate launched by the Green Paper on Public Procurement, pursues a three-fold objective of modernising, simplifying and rendering more flexible the existing legal framework in this field. Modernisation is required in order to take account of new technologies and changes in the economic environment. The purpose of simplification is to make the current texts more easily comprehensible for users, so that contracts are awarded in complete conformity with the standards and principles governing this area and the companies involved are in a better position to know their rights. Procedures need to be rendered more flexible in order to meet the needs of purchasers and economic operators.

Moreover, the three Directives have been recast and merged so that a single, clear and transparent text is available to individuals, economic operators and contracting authorities.

Impact on businesses

2. Who will be affected by the proposal-

All companies, irrespective of size, which are able to respond to invitations to tender issued by the public sector for the purchase of services, supplies and works.

- Which business sectors-

All sectors of activity, given that the proposal in question covers virtually all economic sectors, particularly public supply contracts (without exception), the provision of most services which are of major significance in the context of cross-border trade (e.g. intellectual services, management consulting services, architectural and engineering services, etc.), and public works (with no major exceptions).

- Which sizes of business (what is the concentration of small and medium sized firms)-

The proposal in question is liable to affect any company that shows an interest in these contracts.

- Are there particular geographical areas of the Community where these businesses are found-

No, these businesses are to be found throughout the Community.

3. What will businesses have to do to comply with the proposal-

This initiative indirectly encourages the award of contracts by electronic means, as it allows public purchasers to place their invitations to tender by these means only. As a result, companies wishing to tender for these contracts will have to equip themselves with suitable electronic facilities. It is clear, however, that the financial impact of such a measure on a company, even a small one, will be minimal compared with the benefits which it will be able to reap. Moreover, this measure may promote the competitiveness and modernisation of the European SMEs through the spreading of new technologies.

4. What are the likely economic effects of the proposal:

- on employment-

- on investment and the creation of new businesses-

- on competitiveness-

The proposal is aimed at improving the opening-up of public procurement to cross-border competition. Although public contracts account for 14% of GDP, they generate a level of cross-frontier purchasing well below the growing volume of intra-EU trade in goods and services.

A genuine opening-up could play a key role in helping businesses to make the most of the internal market and thus to become more competitive and create new jobs.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized enterprises (reduced or different requirements, etc.)-

Taken as a whole, the proposal does not contain any particular measures allowing account to be taken of the specific situations of any specific types of enterprises. Instead, it focuses on contracting authorities on whom it imposes a number of obligations. Nonetheless, certain measures in the proposal increase transparency and proportionality, which may benefit SMEs.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

The proposal in question follows on from the 1996 Green Paper on "Public Procurement in the European Union: Exploring the Way Forward" which drew almost 300 responses emanating from all economic sectors, including a large number of SMEs, Member States and institutions. What is more, some organisations representing companies (UNICE) and SMEs in particular were consulted directly by the Commission (including DIHT, Yes for Europe, Europmi, Ueapme). All of these support the goal of simplifying the text of the Community Directives and agree that the existing instruments need to be made more flexible (particularly the legal framework for framework contracts) and modernised (electronic procedures).

Some, however, would prefer a gradual introduction of electronic purchasing procedures, so as to give SMEs the opportunity to phase in the requisite electronic equipment.