COMMISSION DECISION
of 9 December 2008
amending the Annexes to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards their lists of contracting entities and contracting authorities
(notified under document number C(2008) 7871)
(Text with EEA relevance)
(2008/963/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1), and in particular Article 70(a) thereof,
Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2), and in particular Article 79(1) (d) and (e) thereof,
Whereas:
(1)
Annexes I to V and VII to X to Directive 2004/17/EC do not contain the lists of contracting entities of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorporated in Annexes I to IX to Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (3) by the Accession Treaty of 2003 (4).
(2)
Annex III to Directive 2004/18/EC does not contain the lists of bodies governed by public law of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorporated in Annex I to Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (5) by the Accession Treaty of 2003.
(3)
Annex IV to Directive 2004/18/EC does not contain the lists of central government authorities of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorporated in Annex I to Directive 93/36/EEC by the Accession Treaty of 2003.
(4)
Pursuant to Article 73 of Directive 2004/17/EC, references to the repealed Directive 93/38/EEC are to be construed as being made to Directive 2004/17/EC in accordance with the correlation table in Annex XXVI to Directive 2004/17/EC, ensuring therefore that contracting entities contained in Directive 93/38/EEC as amended by the Accession Treaty of 2003 are actually included in the relevant annexes to Directive 2004/17/EC.
(5)
Pursuant to Article 82 of Directive 2004/18/EC, references to the repealed Directives 93/36/EEC and 93/37/EEC are to be construed as being made to Directive 2004/18/EC in accordance with the correlation table in Annex XII to Directive 2004/18/EC, ensuring therefore that contracting authorities contained in Directives 93/36/EEC and 93/37/EEC as amended by the Accession Treaty of 2003 are actually included in the relevant annexes to Directive 2004/18/EC.
(6)
In the interest of clarity, annexes I to V and VII to X to Directive 2004/17/EC and annexes III and IV to Directive 2004/18/EC should be updated to contain the respective lists of contracting entities and contracting authorities of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
(7)
Annex VI to Directive 2004/17/EC does not refer to the contracting entities in the postal sector of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
(8)
According to Article 71 of Directive 2004/17/EC and Article 12 of Directive 2004/18/EC, Member States had the possibility to defer the application of Article 6 of Directive 2004/17/EC with regard to postal services until 31 December 2008.
(9)
In order to take into account legislative developments, the lists of contracting entities in the postal services sector contained in Annex VI to Directive 2004/17/EC should be updated accordingly.
(10)
In addition, the Annexes to Directive 2004/17/EC and 2004/18/EC should be updated to reflect administrative developments in the Member States.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Council Decision 71/306/EEC (6),
HAS ADOPTED THIS DECISION:
Article 1
Annexes I to X to Directive 2004/17/EC are amended as follows:
(1)
Annex I is replaced by the text set out in Annex I to this Decision.
(2)
Annex II is replaced by the text set out in Annex II to this Decision.
(3)
Annex III is replaced by the text set out in Annex III to this Decision.
(4)
Annex IV is replaced by the text set out in Annex IV to this Decision.
(5)
Annex V is replaced by the text set out in Annex V to this Decision.
(6)
Annex VI is replaced by the text set out in Annex VI to this Decision.
(7)
Annex VII is replaced by the text set out in Annex VII to this Decision.
(8)
Annex VIII is replaced by the text set out in Annex VIII to this Decision.
(9)
Annex IX is replaced by the text set out in Annex IX to this Decision.
(10)
Annex X is replaced by the text set out in Annex X to this Decision.
Article 2
Annexes III and IV to Directive 2004/18/EC are amended as follows:
(1)
Annex III is replaced by the text set out in Annex XI to this Decision.
(2)
Annex IV is replaced by the text set out in Annex XII to this Decision.
Article 3
This Decision shall apply as from 1 January 2009
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 9 December 2008