Council Directive 80/767/EEC of 22 July 1980 adapting and supplementing in respect of certain contracting authorities Directive 77/62/EEC coordinating procedures for the award of public supply contracts
Date: 1980-07-22

num: Article 1
paragraphs: 1. For the purposes of this Directive, "contracting authorities" means the entities referred to in Annex I and, to the extent that rectifications, modifications or amendments may have been made, their successor entities.
2. The Commission shall update Annex I on the basis of any such rectifications, modifications or amendments and shall have the updated version published in the Official Journal of the European Communities.
num: Article 2
paragraphs: 1. In awarding public supply contracts, the contracting authorities referred to in Article 1 shall be subject to the provisions of Directive 77/62/EEC save as otherwise provided in this Directive.
2. The application of paragraph 1 to public contracts with an estimated value net of VAT which is between the sum laid down in Article 3 and 200000 European units of account shall in particular be confined to:
- purchasing contracts,
- the products listed in Annex II where the contracts are awarded by contracting authorities in the field of defence.
In addition, such public contracts shall not be subject to Article 9 (2) to (7) of Directive 77/62/EEC if the organ used for publication under Article V (3) of the Agreement is other than the Official Journal of the European Communities.
num: Article 3
paragraphs: The value of 200000 European units of account laid down in Article 5 (1) (a) of Directive 77/62/EEC shall be replaced by 140000 European units of account in respect of the contracting authorities covered by this Directive.
After consulting the Advisory Committee for Public Contracts, the Commission shall decide on any adjustments to be made to the latter value on the basis of the procedures adopted for determining the value in European units of account of the amount given in Article I (1) (b) of the Agreement.
The adjusted values shall be published in the Official journal of the European Communities.
num: Article 4
paragraphs: Article 6 (1) (f) of Directive 77/62/EEC shall not apply.
num: Article 6 (1) (f) of Directive 77/62/EEC shall not apply.
title: Article 5
paragraphs: The contracting authorities shall prepare a report in writing on each contract awarded under Article 6 (1) (a) to (e) of Directive 77/62/EEC. They shall ensure that each report contains the name of the contracting authoritiy, the value and kind of goods purchased and the country of origin, and a statement of whichever of the circumstances referred to in paragraph 1 (a) to (e) prevailed at the time when the contract was awarded. The report shall remain with the contracting authority concerned. If needed, this information shall be supplied to the authorities responsible for the contracting authority in order that it may, if required, be used by the Commission and, through the Commission, by the Advisory Committee for Public Contracts.
num: Article 5
paragraphs: The contracting authorities shall prepare a report in writing on each contract awarded under Article 6 (1) (a) to (e) of Directive 77/62/EEC. They shall ensure that each report contains the name of the contracting authoritiy, the value and kind of goods purchased and the country of origin, and a statement of whichever of the circumstances referred to in paragraph 1 (a) to (e) prevailed at the time when the contract was awarded. The report shall remain with the contracting authority concerned. If needed, this information shall be supplied to the authorities responsible for the contracting authority in order that it may, if required, be used by the Commission and, through the Commission, by the Advisory Committee for Public Contracts.
num: Article 6
paragraphs: 1. In open procedures, the time limit for the receipt of tenders fixed by the contracting authorities shall be not less than 42 days from the date of dispatch of the notice to the bodies competent to publish such notice.
2. In restricted procedures, the time limit for the receipt of applications to be invited to tender fixed by the contracting authorities shall be not less than 42 days from the date of dispatch of the notice to the bodies competent to publish such notice.
3. The bodies competent to publish the notices referred to in paragraphs 1 and 2 shall do so not later than 12 days after the date of dispatch of the said notices.
4. In restricted procedures, the time limit for the receipt of tenders fixed by the contracting authorities shall not be less than 30 days from the date of dispatch of the written invitation.
num: Article 7
paragraphs: For the purposes of the award of public contracts by the contracting authorities referred to in Article 1 (1), Member States shall apply in their relations conditions as favourable as those which they grant to third countries in implementation of the Agreement, in particular those in Articles V and VI on the selective procedure, information and review. 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.
num: Article 8
paragraphs: 1. The Commission shall ensure that this Directive is applied in consultation with the Advisory Committee for Public Contracts and where appropriate will submit new proposals to the Council with the aim in particular of harmonizing the measures taken by the Member States for application of this Directive. These proposals shall be made within two years of the entry into force of this Directive.
2. The Commission shall review this Directive and any new measures which may be adopted by virtue of paragraph 1, having regard to the results of the further negotiations provided for in Article IX (6) of the Agreement and shall, if necessary, submit appropriate proposals to the Council.
num: Article 9
paragraphs: Member States shall adopt the measures necessary to comply with this Directive not later than 1 January 1981. They shall forthwith inform the Commission thereof.
num: Article 10
paragraphs: Member States shall communicate to the Commission the texts of the main provisions of national laws, regulations or administrative provisions which they adopt in the field covered by this Directive.