COMMISSION RECOMMENDATION of 24 October 1991 on the standardization of notices of public contracts (91/561/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regad to the Treaty establishing the European Economic Community, and in particular Article 155, second indent, thereof,

Whereas Council Directives 71/305/EEC (1), 72/277/EEC (2) and 89/440/EEC (3), and Council Directives 77/62/EEC (4) and 88/295/EEC (5), make it compulsory to publish notices in the Official Journal of the European Communities for the procurement procedures covered by those Directives, and lay down the items of information to be included in the notices published;

Having regard to the declaration by the Council and the Commission (6) on model notices of invitation to tender and the use of new technology during the adoption of Directive 88/295/EEC,

Having regard to the communication from the Commission to the Council on promoting SME participation in public procurement in the Community (7) and the Council's conclusions regarding the potential contribution of more transparent tendering procedures to improving SME access to public procurement (8),

Whereas standardizing the information contained under each item, with due regard to Community legislation and each Member State's national legislation on the awarding of public contracts, will contribute to better achievement of the objectives of the policy of opening up public contracts, and in particular to:

- better understanding by competing bidders of the conditions for participation, thanks to a common language of public contract notices, which is fundamental to transparent procedures,

- a reduction in unintentional errors and incorrect application of the Directives by contracting authorities due to misunderstanding of the Community legislation, thanks to the new approach which serves as a guide to users,

- simplification of the task of preparing notices, which will now consist simply of selecting the words or phrases applicable and adding the further information necessary in each case;

Whereas this standardization will also lead to simplification of internal administrative procedures for preparing notices and to a substantial reduction in the cost of free publication in the Supplement to the Official Journal of the European Communities;

Whereas in order to be fully effective this system also entails adopting nomenclatures for the description of the works, services or supplies being put out to tender;

Whereas it is desirable that the system be finally adopted only after experience has been gained in a transitional period;

Having regard to the favourable opinion of the Advisory Committee on Public Contracts on the solution proposed,

HEREBY FORMULATES THIS RECOMMENDATION: 1. It is recommended that the Member States take the necessary measures to ensure that:

- contracting authorities within the meaning of Article 1 of the abovementioned Directives make optional use, for advertising public contracts in the Official Journal of the European Communities, of standard forms for notices,

- for public works contracts, contracting authorities within the meaning of Directive 71/305/EEC for the Kingdom of Spain, the Hellenic Republic and the Portuguese Republic and within the meaning of that Directive as amended by Directive 89/440/EEC for the other Member States make optional use of the 'General Public Works Nomenclature' for the description of the work put out to tender.

2. Member States are invited to implement this recommendation not later than 1 January 1992 and to inform the Commission by the same date of the wording of the measures enacted.

3. Member States are invited to inform the Commission not later than 1 January 1993 of their comments, if any, on the implementation of these provisions. Done at Brussels, 24 October 1991. For the Commission

Martin BANGEMANN

Vice-President

(1) OJ No L 185, 16. 8. 1971, p. 5. (2) OJ No L 176, 3. 8. 1972, p. 12. (3) OJ No L 210, 21. 7. 1989, p. 1. (4) OJ No L 13, 15. 1. 1977, p. 1. (5) OJ No L 127, 20. 5. 1988, p. 1. (6) Minutes (Doc. No 5275/88) of the Council, 22. 3. 1988. (7) COM(90) 166, 7. 5. 1990. (8) Minutes (Doc. No 6617/90) of the Council, 28. 5. 1990.

ANNEX

The standard forms mentioned in the first indent of point 1 of this recommendation and the instructions for their use and the 'General Public Works Nomenclature' mentioned in the second indent of point 1 will be published as indicated in the following table:

Member State Language Publication Belgium German OJ No S 217 A of 16 November 1991 Belgium French OJ No S 217 B of 16 November 1991 Belgium Dutch OJ No S 217 C of 16 November 1991 Denmark Danish OJ No S 217 D of 16 November 1991 Germany German OJ No S 217 E of 16 November 1991 Greece (*) Greek OJ No S 217 F of 16 November 1991 Spain (*) Spanish OJ No S 217 G of 16 November 1991 France French OJ No S 217 H of 16 November 1991 Ireland English OJ No S 217 I of 16 November 1991 Italy Italian OJ No S 217 J of 16 November 1991 Luxembourg French OJ No S 217 K of 16 November 1991 Netherlands Dutch OJ No S 217 L of 16 November 1991 Portugal (*) Portuguese OJ No S 217 M of 16 November 1991 United Kingdom English OJ No S 217 N of 16 November 1991

(*) The standard forms for these three Member States will be adapted to the requirements of Directives 88/295/EEC and 89/440/EEC as from 1 March 1992.