No C 319/2 Official Journal of the European Communities 12. 12. 88 
Proposal for a Council Directive on the procurement procedures of entities providing water, 
energy, and transport services 
COM(88) 377 final — SYN 153 
(Submitted by the Commission on 11 October 1988) 
(88/C 319/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a and 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the measures aimed at progressively establishing 
the internal market, during the period up to 31 December 
1992, need to be taken; whereas the internal market 
consists of an area without internal frontiers in which free 
movement of goods, persons, services and capital is 
guaranteed; 
Whereas successive European Councils have drawn 
conclusions concerning the need to realise a single internal 
market; 
Whereas restrictions on the free movement of goods and on 
the freedom to provide services in respect of supply 
contracts awarded in the water, energy and transport 
sectors are prohibited by the terms of Articles 30 and 59 of 
the Treaty; 
Whereas Article 91 of the Euratom Treaty prohibits any 
restrictions based on nationality as regards companies 
under the jurisdiction of a Member State where they desire 
to participate in the construction of nuclear installations of 
a scientific or industrial nature in the Community; 
Whereas these objectives also require the coordination of 
the procurement procedures applied by the entities 
operating in these sectors; 
Whereas the White Paper on the completion of the internal 
Market contains an action programme and a timetable for 
opening up public procurement markets in sectors which 
are currently excluded from Council Directive 71/305/EEC 
of 26 July 1971 concerning the coordination of procedures 
for the award of public works contracts (1), as last amended by the Act of Accession of Spain and Portugal, and Council 
Directive 77/62/44C of 21 December 1986 coordinating 
procedures for the award of public supply contracts (2), as 
last amended by Directive 88/295/EEC (3); 
Whereas among such excluded sectors are those concerning 
the provision of water, energy and transport services; 
Whereas the main reason for their exclusion was that 
entities providing such services are in some cases governed 
by public law, in others by private law; 
Whereas the need to ensure a real opening-up of the market 
and a fair balance in the application of procurement rules in 
these sectors requires that the entities to be covered must be 
identified on a different basis than by reference to their 
legal status; 
Whereas among the main reasons why entities operating in 
these sectors do not purchase on the basis of Community-
wide competition is the closed nature of the markets in 
which they operate, due to the existence of special or 
exclusive rights or authorisations granted by the national 
authorities, concerning the supply or management of 
networks for providing the service concerned, or to the 
exploitation of a given geographical area for a particular 
purpose; 
Whereas the other main reason for the absence of 
Community-wide competition in these areas results from 
various ways in which national authorities can influence 
the behaviour of these entities, including participations in 
their capital and representation in the entities' adminis­
trative, managerial or supervisory bodies; 
Whereas this Directive should not extend to activities of 
these entities which either fall outside the sectors of water, 
energy, and transport services, or which fall within those 
sectors but nevertheless are directly exposed to competi-
titive forces in markets to which entry is unrestricted; 
Whereas the purchase of water as such and of energy, as 
well as the purchase of fuels for the production of energy, 
takes place at present under conditions for which 
procurement rules of the type proposed for supplies of 
(!) OJ No L 185, 16. 8. 1971, p. 5. (2) OJ No L 13, 15. 1. 1977, p. 1. 
(3) OJ No L 127, 20. 5. 1988, p. 1. 
12. 12. 88 Official Journal of the European Communities No C 319/3 
goods are inappropriate, while the problems posed by 
purchases of energy and fuels in the energy sector will be 
addressed in the context of the initiatives to be taken to 
realize the Community's internal Market in energy; 
Whereas this Directive should not apply to procurement 
contracts which affect basic State security interests or 
which are concluded according to other rules set up by 
existing international agreements or international organis­
ations ; 
Whereas the Community's or the Member States' existing 
international obligations must not be affected by the rules 
of this Directive; 
Whereas, within certain limits, a preference should be given 
to an offer of Community origin where there are equivalent 
offers of third country origin; 
Whereas this Directive should not prejudice the position of 
the Community in any current or future international 
negotiations; 
Whereas, based on the results of such international 
negotiations this Directive should be extendable to offers of 
third country origin, pursuant to a Council Decision; 
Whereas in the area of standards and technical specif­
ications it is necessary to adopt common rules taking fully 
into account Community policy in the field; 
Whereas contracting entities must be able to reject offers 
which, because they are based on State aids, are unreliable; 
Whereas the principles of equivalence and of mutual 
recognition of national standards, technical specifications 
and manufacturing methods are applicable in the field of 
application of this Directive; 
Whereas the rules to be applied by the entities concerned 
should establish a framework for sound commercial 
practice and should leave a maximum of flexibility; 
Whereas as a counterpart for such flexibility and in the 
interest of mutual confidence a minimum level of 
transparency and appropriate ways for monitoring the 
application of this Directive must be ensured; 
Whereas in the different sectors covered, the procurement 
problems to be solved are of a similar nature permitting 
them to be addressed in one instrument; 
Whereas it is desirable for national provisions in favour of 
regional development to be included in the Communities' 
objectives; 
Whereas the Commission should review the functioning of 
this Directive and the effects which it has had, after four 
years, in order to make any necessary further proposals, HAS ADOPTED THIS DIRECTIVE: 
TITLE I 
General provisions 
Article 1 
For the purposes of this Directive: 
1. 'Public contracting entities' means public authorities 
and public undertakings. 
2. 'Public authorities' means the State, regional or local 
authorities, bodies governed by public law or associ­
ations formed by one or several of such authorities or 
bodies governed by public law. A body is considered to 
be governed by public law where it: 
— is established for the specific purpose of meeting 
needs in the general interest, and 
— has legal personality and 
— has 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, and 
— is financed, for the most part, by the State, or 
regional or local authorities, or other bodies 
governed by public law. 
3. 'Public undertakings' means any undertaking over 
which the public authorities may exercise directly or 
indirectly a dominant influence by virtue of their 
ownership of it, their financial participation therein, or 
the rules which govern it. A dominant influence on the 
part of the public authorities shall be presumed when 
these authorities, directly or indirectly in relation to an 
undertaking: 
— hold the major part of the undertaking's subscribed 
capital, or 
— control the majority of the votes attaching to shares 
issued by the undertakings, or 
— can appoint more than half of the members of the 
undertaking's administrative, managerial or super­
visory body. 
4. An 'associated or affiliated undertaking' means any 
undertaking over which the contracting entity may 
exercise directly or indirectly a dominant influence or 
which may exercise a dominant influence over the 
contracting entity or which, in common with the 
contracting entity, is subject to the dominant influence 
of another undertaking by virtue of ownership, 
financial participation, or the rules which govern it. A 
dominant influence on the part of an undertaking shall 
be presumed under the circumstances set out in point 3 
above. 
5. 'Supply and works contracts' are contracts for pe­
cuniary interest concluded in writing between one of the 
No C 319/4 Official Journal of the European Communities 12. 12. 88 
contracting entities referred to in Article 2 and a 
tenderer, and which have as their object: 
(a) in the case of supply contracts, the purchase, lease, 
rental or hire-purchase of products with or without 
options to buy. The contract may in addition cover 
siting and installation operations provided that 
their value is lower than that of the products; 
(b) in the case of works contracts, either the execution 
or both the execution and design of works related to 
one of the activities referred to in Annex X or the 
realisation by whatever means of building or civil 
engineering works taken as a whole that are 
sufficient of themselves to fulfil an economic or 
technical function for the user. 
6. A 'concession' is a contract concluded in writing 
between a contracting entity which is a public authority 
within the meaning of point 2 and a contracting entity 
which is not a public contracting entity within the 
meaning of point 1 whereby the latter accepts the 
responsibility for constructing, supplying or managing a 
network falling within the scope of Article 2 (3)(a)(i) at 
its own expense and risk, in return for a remuneration. 
7. A supplier or contractor who submits a tender shall be 
designated by the term 'tenderer' and one who has 
sought an invitation to take part in a restricted or 
negotiated procedure by the term 'candidate'. 
8. 'Open, restricted and negotiated procedures' are the 
purchasing procedures applied by contracting entities 
whereby: 
(a) in the case of open procedures, all interested 
suppliers or contractors may submit tenders; 
(b) in the case of the restricted procedures, only 
candidates invited by the contracting entity may 
submit tenders; 
(c) in the case of negotiated procedures, the contracting 
entity consults suppliers or contractors of its choice 
and negotiates the terms of the contract with one or 
several of them. 
9. 'Technical specifications' means any of the technical 
prescriptions contained in particular in the tender 
documents, which define the characteristics of a work, 
material, product or supply, in such a manner that it 
fulfils the use for which it is intended. These technical 
prescriptions may include quality, performance, safety 
or dimensions, as well as requirements concerning 
quality assurance, terminology, symbols, testing and test methods, packaging, marking or labelling. In 
relation to works contracts, they may also include the 
test, inspection and acceptances for works and methods 
or techniques of construction and any other technical 
conditions, in relation to the finished works and to the 
materials or parts which they involve. 
10. A 'standard' is a technical specification approved by a 
recognized standardizing body for repeated and 
continuous application, compliance with which is in 
principle not compulsory. 
11. A 'European standard' is a standard approved by the 
European Committee for Standardisation (CEN) or by 
the European Committee for Electrotechnical Standar­
disation (CENELEC) as a 'European Standard (EN)' or 
'Harmonisation Document (HD)' according to the 
Common Rules of those organisations. 
12. A 'common technical specification' is a technical 
specification drawn up with a view to uniform 
application in all Member States of the Community. 
13.A 'European technical approval' is 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 for which the 
product is used. 
Article 2 
1. Subject to paragraphs 4 and 7, and without prejudice 
to the Community's international obligations, the provi­
sions of this Directive shall apply to the award of supply 
and works contracts by contracting entities which: 
(a) are public or operate on the basis of special or exclusive 
rights or an authorisation granted by a competent 
authority of a Member State; and 
(b) in the case of public contracting entities, have as one of 
their activities any of those defined as being relevant for 
the purposes of this Directive by paragraph 3; 
(c) in the case of contracting entities which are not public, 
have as their principal activity any of those defined as 
being relevant for the purposes of this Directive by 
paragraph 3 or any combination thereof. 
2. The contracting entities identified in Annexes I to IX 
fulfil the criteria set out above. 
3. Relevant activities for the purposes of this Directive 
are: 
12. 12. 88 Official Journal of the European Communities No C 319/5 
(a) the supply or management of networks providing a 
service to the public in connection with the production, 
transport or distribution of: 
(i) drinking water; or 
(ii) electricity; or 
(iii) gas or heat; 
(b) the exploitation of a geographical area for the purpose 
of 
(i) exploring for or extracting oil, gas, coal or other 
solid fuels; or 
(ii) the provision of airport, maritime or inland port, 
or other terminal facilities to carriers by air, sea, 
land, or inland waterway. 
(c) the management of networks providing a service to the 
public in the field of transport by railway, tramway, 
trolley bus, or bus. 
As regards transport services, a network shall be con­
sidered to exist where the service is provided under 
operating conditions laid down by a competent authority 
of a Member State, including conditions on the routes to be 
served, the capacity to be made available, and the frequency 
of the service. 
4. Contracting entities providing bus transport services to 
the public within the meaning of paragraph 3(c) shall be 
excluded from the provisions of this Directive provided 
that: 
(a) they enjoy no special or exclusive right to provide those 
services either in general or in a particular geographical 
area; and 
(b) other entities are free to provide those services under 
the same conditions as the contracting entities. 
5. For the purposes of applying paragraph 1(a), a 
contracting entity shall be considered to operate on the 
basis of special or exclusive rights when: 
(a) for the purpose of constructing the networks or 
facilities to which paragraph 3 refers, it may take 
advantage of a procedure for the expropriation or use 
of property or place network equipment on, under or 
over the public highway; 
(b) in the case of paragraph 3(a) it supplies a network 
which is itself managed by an entity on the basis of 
special or exclusive rights or an authorisation granted 
by a competent authority of a Member State. 
6. This Directive shall also apply to contracts awarded by 
contracting entities whose activities are described in 
paragraph 3(a)(i), insofar as the contracts are in connection with hydraulic engineering projects, irrigation, land 
drainage or the disposal or treatment of sewerage. 
7. A contracting entity benefiting from a concession 
within the meaning of Article 1 (6) in relation to an activity 
described in paragraph (3)(a)(i) may award supply or 
works contracts without respecting the provisions of Titles 
II, III, and IV when it intends to award such contracts to 
undertakings with which it is associated or affiliated, 
provided that: 
(a) for those cases where the concession contract of which 
it is a beneficiary has been concluded after the coming 
into force of this Directive, a call for competition has 
been made through the publication of a tender notice in 
the Official Journal of the European Communities 
drawn up in accordance with Annex XI; and 
(b) the entity enclosed a comprehensive list of these 
undertakings with its candidature for the concession, 
and has updated that list following any subsequent 
changes in relationships between the undertakings. 
Article 3 
This Directive shall not apply to contracts which the 
contracting entities award exclusively for purposes other 
than the pursuit of their activities as described in Article 2 
(3), provided that, except in the case of public authorities: 
(a) the activities have been notified to the Commission; 
and 
(b) the Commission has published notification of their 
exclusion, after verification, in the Official Journal of 
the European Communities. 
Article 4 
1. The provisions of this Directive shall not apply to 
contracts for the supply of products purchased for re-sale 
or hire to third parties, provided that the contracting entity 
enjoys no special or exclusive right to sell or hire such 
products, and other entities are free to sell or hire them 
under the same conditions as the contracting entity. 
2. Member States shall notify the Commission of the 
products falling within the scope of paragraph 1 and of any 
relevant legal provisions. 
Article 5 
This Directive shall not apply to contracts 
(a) in the case of the contracting entities specified in 
Annex I for the purchase of water; 
No C 319/6 Official Journal of the European Communities 12. 12. 88 
(b) in the case of contracting entities specified in Annexes 
II, III, IV and V, for the purchase of energy or for the 
supply of fuels for the production of energy. 
Article 6 
This Directive shall not apply to contracts 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. 
Article 7. 
1. This Directive shall not apply to contracts governed by 
different procedural rules and awarded: 
(a) pursuant to an international agreement concluded 
between a Member State and one or more non-member 
countries and covering supplies or works intended for 
the joint implementation or exploitation of a project by 
the signatory States; every agreement shall be com­
municated to the Commission, which may consult the 
Advisory Committee for Public Contracts set up by 
Council Decision 71/306/EEC (*); 
(b) to undertakings in a Member State or a non-member 
country in pursuance of an international agreement 
relating to the stationing of troops; 
(c) pursuant to the particular procedure of an inter­
national organization. 
Article 8 
1. This Directive shall apply to contracts whose value, net 
of VAT, is not less than: 
— 200 000 ecus in the case of supply contracts, 
— 5 000 000 ecus in the case of works contracts. 
2. In the case of supply contracts the basis for calculating 
the contract value shall be: 
— 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, 
— 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 instalment multiplied by 48. 
(!) OJ No 185, 16. 8. 1971, p. 15. 3. In the case of regular supply contracts or of contracts 
which are to be renewed within a given time, the contract 
value may be established on the basis of: 
— either the aggregate cost of similar contracts concluded 
over the previous fiscal year or 12 months, adjusted, 
where possible for anticipated changes in quantity or 
value over the subsequent 12 months, 
— or the estimated aggregate cost during the 12 months 
following first delivery or during the term of the 
contract, where this is greater than 12 months. 
The selection of the evaluation method shall not be used 
with the intention of avoiding the application of this 
Directive. 
4. In cases where a proposed procurement specifies 
option clauses, the basis for calculating the contract value 
shall be the highest possible total purchase, lease, rental, or 
hire-purchase permissible, inclusive of the option clauses. 
5. Contracts may not be split up with the intention of 
avoiding the application of this Directive. For the purpose 
of establishing the contract value for the application of 
paragraph 1: 
— the value of products of the same type must be added up 
when contracts for these products are awarded at the 
same time but in different parts, 
— the value of all contracts must be added up where a 
work is the subject of several lots involving separate 
contracts. 
6. The value of works contracts shall include the value of 
any products or services which are made available to the 
contractor by the contracting entity and which are 
necessary for the execution of the contract. 
TITLE II 
Technical specifications and standards 
Article 9 
1. The technical specifications concerning materials, 
products, supplies, or works shall be defined by reference 
to national standards implementing European standards or 
by reference to common technical specifications or 
European technical approvals. 
2. Contracting entities may derogate from paragraph 1 
if: 
(a) the standards do not include provision for establishing 
conformity, or technical means do not exist to establish 
satisfactorily conformity with these standards; 
12. 12. 88 Official Journal of the European Communities No C 319/7 
(b) the application of paragraph 1 would prejudice the 
application of Council Decision 87/95/EEC of 22 
December 1986 on standardization in the field of 
information technology and telecommunications (*); 
(c) use of these standards would oblige the contracting 
entity to acquire supplies incompatible with equipment 
already in use or would entail disproportionate cost or 
disproportionate technical difficulties, but only as part 
of a clearly defined and recorded strategy with a view 
to a change-over, within a determined period, to 
European standards or common technical speci­
fications ; 
(d) the project concerned is of a genuinely innovative 
nature for which use of existing standards would not be 
appropriate. 
3. In so far as contracting entities are obliged to publish a 
tender notice according to Article 13 (1) or do so voluntarily 
according to Article 13(2)(a), they shall record in that 
notice, unless it is impossible, the reasons for invoking 
paragraph 2. 
Article 10 
1. In the absence of European standards, common 
technical specifications or European technical approvals, 
the technical specifications may be defined by reference to 
other standards. 
In this case, it is appropriate to make reference in order of 
preference to: 
(a) national standards implementing international stan­
dards accepted in the country of the contracting entity; 
(b) other national standards of the country of the 
contracting entity; 
(c) any other standard. 
2. Standards and specifications that indicate performance 
requirements rather than design or description charac­
teristics shall be preferred unless the contracting entity has 
objective reasons for considering that such standards are 
inadequate for the purposes of the contract. 
3. Technical specifications which mention goods of a 
specific make or source or of a particular process and which 
have the effect of favouring or eliminating certain 
undertakings shall not be used unless such specifications 
are indispensable for the subject of the contract. In 
particular, the indication of trade marks, patents, types or 
specific origin or production shall be prohibited; however, 
such an indication accompanied by the words 'or 
equivalent' shall be authorized where the subject of the 
(!) OJ No L 36, 7. 2. 1987, p. 31. contract cannot otherwise be described by specifications 
which are sufficiently precise and fully intelligible to all 
concerned. 
Article 11 
1. Contracting entities shall make available to interested 
suppliers or contractors on demand the technical specif­
ications, concerning materials, products, supplies, or 
works which they procure regularly or which they intend to 
apply to procurement covered by periodic information 
notices within the meaning of Article 14. Where such 
technical specifications are based on documents available 
to interested suppliers or contractors, a reference to those 
documents shall be sufficient. 
2. Contracting entities shall include the technical specif­
ications in the general documents or the contractual 
documents relating to each contract. 
TITLE III 
Procedures for the award of contracts 
Article 12 
1. Contracting entities may choose any of the procedures 
described in Article 1(8) provided, subject to paragraph 2, a 
call for competition has been made in accordance with 
Article 13. 
2. Contracting entities may use the negotiated procedure 
without prior call for competition in the following cases: 
(a) in the absence of tenders or where all tenders are 
irregular in response to an open or restricted pro­
cedure; 
(b) in the case of supply contracts, when the contract will 
be executed purely for the purpose of research, 
experiment, study or development. However, this 
provision shall not extend to quantity production to 
establish commercial viability or to recover research 
and development costs; 
(c) when, for technical or artistic reasons, or for reasons 
connected with protection of exclusive rights, the 
contract may be executed only by a particular supplier 
or contractor; 
(d) in so far as is strictly necessary when, for reasons of 
extreme urgency brought by events unforeseeable by 
the contracting entities, the time limits laid down for 
open and restricted procedures cannot be adhered to; 
No C 319/8 Official Journal of the European Communities 12. 12. 88 
(e) in the case of supply contracts, 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 contract­
ing entity to acquire material having different technical 
characteristics which would result in incompatibility 
or disproportionate technical difficulties in operation 
and maintenance. This procedure may only be applied, 
as a general rule, during the five years following the 
award of the original contract; 
(f) in the case of works contracts, for additional works not 
included in the project initially considered or in the 
contract first concluded but which have, through 
unforeseen circumstances, become necessary for the 
carrying out of the work described therein, on 
condition that the award is made to the contractor 
carrying out such work: 
— when such works cannot be technically or economi­
cally separated from the main contract without 
great inconvenience to the contracting entities, 
— or when such works, although separable from the 
execution of the original contract, are strictly 
necessary to its later stages; 
(g) in the case of works contracts, for new works 
consisting of the repetition of similar works entrusted 
to the contractor to which the same contracting entities 
awarded an earlier contract, provided that such works 
conform to a basic project for which a first contract 
was awarded after a call for competition. As soon as 
the first project is put up for tender, notice must be 
given that this procedure might be adopted and the 
total estimated cost of subsequent works shall be taken 
into consideration by the contracting entities when 
they apply the provisions of Article 8. This procedure 
may only be applied, as a general rule, during the five 
years following the conclusion of the original contract; 
(h) for goods quoted and purchased on a commodity 
market; 
(i) for purchases from suppliers who are bankrupt or 
being wound up, whose affairs are being administered 
by the court, who have entered into an arrangement 
with creditors, whose business activities have been 
suspended or who are in any analogous situation 
arising from a similar procedure under national laws 
and regulations. Article 13 
1. Contracting entities which intend to award a contract 
by open procedure shall make known their intention by 
means of a tender notice in accordance with Annex XII A. 
2. Contracting entities which intend to award a contract 
by restricted or negotiated procedure with a prior call for 
competition may choose to make the call: 
(a) by means of a notice drawn up in accordance with 
Annex XII B or Annex XII C; or 
(b) by inviting candidates who have qualified in accord­
ance with a qualification system meeting the conditions 
of Article 20 which has been the subject of a notice 
drawn up in accordance with Annex XIII. 
3. A call for competition shall also be considered to have 
been made by means of a periodic indicative notice within 
the meaning of Article 14 on condition that: 
(a) the contract relates to supplies or works covered by the 
notice; and 
(b) the notice indicated that the contract would be 
awarded by restricted or negotiated procedure; and 
(c) the contracting entities provide all candidates which 
have indicated in writing their interest to take part in 
the procedure with an opportunity to confirm their 
interest in receiving an invitation on the basis of more 
detailed information relating to the particular contract. 
4. All notices referred to in this Article shall be published 
in the Official Journal of the European Communities. 
Article 14 
1. Contracting entities shall make known, at least once a 
year, by means of a periodic indicative notice drawn up in 
accordance with Annexes XIV A and B and published in the 
Official Journal of the European Communities: 
(a) In the case of supply contracts, the total procurement 
envisaged for the coming 12 months for each product 
area of which the estimated value, taking into account 
the provisions of Article 8, is equal to or greater than 
750 000 ecus; 
(b) In the case of works contracts, the essential charac­
teristics of the works contracts envisaged of which the 
estimated value is equal to or greater than 5 000 000 
ecus. 
2. A periodic notice need not include information on 
contracts which would prejudice the legitimate commercial 
interests of the contracting entity. 
12. 12. 88 Official Journal of the European Communities No C 319/9 
Article 15 
1. Contracting entities which have awarded a contract 
shall make known the results of the procedure by means of 
a notice published in the Official Journal of the European 
Communities. The notice shall be drawn up in accordance 
with Annex XV. 
2. Where publication of the information envisaged in the 
model notice would impede law enforcement or otherwise 
be contrary to the public interest or would prejudice the 
legitimate commercial interest of particular undertakings, 
public or private, or might prejudice fair competition 
between suppliers or contractors, the entities may limit the 
contents of the notice to the fact that the contract has been 
awarded. 
3. The notices referred to in the preceeding paragraphs 
shall be dispatched at the latest 48 days after the award of 
the contract in question. 
Article 16 
1. The length of the notices referred to in the preceeding 
Articles shall not exceed one page of the Official Journal of 
the European Communities, that is to say approximately 
650 words. 
2. The contracting entities must be able to supply proof 
of the date of dispatch. 
3. The notices shall be published in full in their original 
language in the Official Journal of the European Com­
munities and in the data bank TED. A summary of the 
important elements of each notice shall be published in the 
other official languages of the Community, the original text 
alone being authentic. 
4. The office for Official Publications of the European 
Communities shall publish the notices not later than 12 
days after their dispatch. In the case of the accelerated 
procedure, referred to in Article 17(4), this period shall be 
reduced to five days. 
Each edition of the Official Journal of the European 
Communities which contains one or more notices shall 
reproduce the model notice or notices on which the 
published notice or notices are based. 
5. The cost of publication of the notices in the Official 
Journal of the European Communities shall be borne by the 
Communities. 
6. Contracts in respect of which a notice is published in 
the Official Journal of the European Communities 
pursuant to Article 13(1) or (2)(a) shall not be published in 
any other way before that notice has been dispatched to the Publications Office of the European Communities. Such 
publications shall not contain information other than that 
published in the Official Journal of the European 
Communities. 
Article 17 
1. In open procedures the time limit for the receipt of 
tenders shall be fixed by contracting entities at not less than 
52 days from the date of dispatch of the notice. 
2. In restricted procedures and negotiated procedures 
with prior call for competition, the time for receipt of 
requests to participate fixed by the contracting entities shall 
be not less than 37 days from the date of dispatch of the 
notice or the letter of invitation. 
3. In restricted procedures, the time limit for receipt of 
tenders fixed by contracting entities may not be less than 40 
days from the date of dispatch of the written invitation. 
4. In cases where urgency renders impracticable the time 
limits laid down in paragraphs 2 and 3, contracting entities 
may fix the following time limits: 
(a) a time limit for receipt of requests to participate which 
shall be not less than 15 days from the date of dispatch 
of the notice or the letter of invitation; 
(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. 
5. Contracting entities which wish to award a concession 
in the water sector, pursuant to Article 2(7)(a), shall fix a 
time limit for receipt of candidatures which shall be not less 
than 52 days from the date of dispatch of the notice. 
Article 18 
1. The contract documents must be sent to the suppliers 
or contractors by the contracting entities as a general rule 
within four working days of receiving their application. 
2. Provided it has been requested in good time, additional 
information relating to the contract documents shall be 
supplied by the contracting entities not later than six days 
before the final date fixed for receipt of tenders. In the case 
of Article 17 (4), the time limit may be reduced to four days. 
3. Where tenders require the examination of voluminous 
documentation such as lengthy technical specifications, a 
visit to the site or an on-the-spot inspection of the 
No C 319/10 Official Journal of the European Communities 12. 12. 88 
documents supporting the contract documents, this shall be 
taken into account in fixing the appropriate time limits. 
4. Contracting entities shall invite selected candidates 
simultaneously and in writing. The letter of invitation shall 
be accompanied by the contract documents and supporting 
documents. It shall include at least the following inform­
ation : 
(a) the address from which any additional documents can 
be requested and the final date for making such a 
request; also the amount and terms of payment of any 
sum to be paid for such documents; 
(b) the final date for receipt of tenders, the address to 
which they must be sent and the language or languages 
in which they must be drawn up; 
(c) a reference to the tender notice published; 
(d) an indication of any document to be annexed; 
(e) the criteria for the award of the contract if these are not 
given in the notice. 
5. Requests to participate in contracts and invitations to 
tender may be made by letter, or by any appropriate means 
of telecommunication. If by the latter, they must be 
confirmed by letter. 
TITLE IV 
Qualification, selection and award of contracts 
Article 19 
1. The qualification of suppliers or contractors and their 
selection to participate in restricted or negotiated pro­
cedures shall be based on criteria that are objective and 
non-discriminatory. Contracting entities shall not, in 
particular: 
(a) impose obligations of an administrative, technical or 
financial nature on some suppliers or contractors that 
are not imposed on others; 
(b) require tests or proofs that duplicate objective evidence 
already available. 
2. The criteria for exclusion specified in Article 23 of 
Directive 71/305/EEC and in Article 20 of Directive 77/62/ 
EEC shall be considered objective and non-discriminatory. 
3. Contracting entities shall lay down the criteria and 
rules according to which they will qualify or select 
candidates. These criteria and rules shall be made available 
on demand to any interested supplier or contractor. 4. Contracting entities shall respect the confidential 
nature of information made available by suppliers or 
contractors for the purposes of qualification, selection or 
participation in a contract procedure. 
Article 20 
1. Contracting entities which operate a system of 
qualification of suppliers or contractors shall take a 
decision as to qualification within a period of six months 
from the presentation of an application unless for objective 
reasons notified to the applicant within two months of the 
application a longer period is necessary. In such cases, the 
contracting entity shall inform the applicant of the reasons 
justifying the longer period and of the date by which its 
application will be accepted or refused. 
2. Applicants whose qualification is refused shall be 
informed of this decision and the reasons for refusal. The 
reasons must be based on the criteria for qualification 
referred to in Article 19(1). 
3. A written record of qualified suppliers or contractors 
shall be kept, which may be divided into categories 
according to the type of contract for which the qualifi­
cation is valid. 
4. Contracting entities may bring the qualification of a 
supplier or contractor to an end only for reasons justified 
by the criteria referred to in Article 19(1). The intention to 
bring a qualification to an end must be notified in writing in 
advance to the supplier or contractor, together with the 
reason or reasons justifying the proposed action. 
5. Where the qualification system is of indefinite 
duration, it shall be the subject of a notice drawn up in 
accordance with Annex XIII and published annually in the 
Official Journal of the European Communities, indicating 
the purpose of the qualification system and the availability 
of the rules concerning its operation. 
6. Where the qualification system is not of indefinite 
duration, it shall be the subject of a notice in the Official 
Journal of the European Communities, indicating in 
addition to the information required by paragraph 5, the 
duration of the system which shall not be longer than a 
period of three years. 
Article 21 
1. Suppliers or contractors which have requested to 
participate in a contract procedure may not be excluded 
from the procedure for reasons other than those laid down 
by the contracting entity and available from it on demand. 
Such reasons may include the objective need of the entity to 
reduce the number of candidates to a level which is justified 
by the need to balance the particular characteristics of the 
12. 12. 88 Official Journal of the European Communities No C 319/11 
contract procedure and the resources required to complete 
it. 
2. Groupings of suppliers or contractors may not be 
refused as regards the submission of tenders or particip­
ation in a contract procedure. Groupings shall not be 
required to assume a specific legal form in order to submit a 
tender or to negotiate. However, should a grouping be 
awarded the contract it may be required to do so, provided 
that a specific legal form is necessary for the satisfactory 
performance of the contract. 
Article 22 
1. The criteria on which the contracting entities shall base 
the award of contracts shall be: 
(a) the most economically advantageous tender, involving 
various criteria such as: delivery date, period for 
completion, running costs, cost-effectiveness, quality, 
aesthetic and functional characteristics, technical 
merit, after-sales service and technical assistance, 
price; or 
(b) the lowest price only. 
2. In the case referred to in paragraph 1(a), the 
contracting entities shall state in the contract documents or 
in the tender notice all the criteria they intend to apply to 
the award, where possible in descending order of 
importance. 
3. Where the criterion for the award of the contract is that 
of the most economically advantageous tender, contracting 
entities may take account of variants which meet the 
minimal specifications required by the contracting entities. 
Contracting entities shall indicate in the contract docu­
ments whether variants will be considered together with 
the minimal specifications to be respected and any special 
requirements for the presentation. 
4. Contracting entities shall not reject offers concerning 
works contracts for reasons related to the technical 
specifications laid down in the contract documents if the 
products described in the offer are fit for their intended use, 
that is, have such characteristics that the works in which 
they are to be incorporated, assembled, applied or installed 
can, if properly designed and built, satisfy the essential requirements within the meaning of Council 
Directive... (*), when and where this is required by the 
regulations concerning given works. 
5. If, for a given contract, tenders appear abnormally low 
in relation to the transaction, the contracting entity shall 
request, in writing, explanations on the constituent 
elements of the tender concerned. It shall in particular 
enquire whether the tenderer is in receipt of any form of 
State aid and whether the aid has been notified to and 
received the approval of the Commission pursuant to 
Article 93(3) of the Treaty. 
Tenders which appear abnormally low may not be rejected 
if they are justified on objective grounds including the 
economy of the construction or production method, or the 
technical solutions chosen, or the exceptionally favourable 
conditions available to the tenderer for the execution of the 
contract, or the originality of the product or the work 
proposed by the tenderer. 
Tenders which are abnormally low due to the receipt of a 
State aid may be rejected if the aid in question has not been 
notified to the Commission pursuant to Article 93(3) of the 
Treaty or has not received the Commission's approval. 
Contracting entities which reject a tender under these 
circumstances shall inform the Commission. 
Article 23 
1. Article 22(1) shall not apply when a Member State 
bases the award of contracts on other criteria within the 
framework of rules existing at the time this Directive is 
adopted whose aim is to give preference to certain 
tenderers, on condition that those rules are compatible 
with the Treaty. 
2. Without prejudice to paragraph 1, this Directive shall 
not prevent, until 31 December 1992, the application of 
existing national provisions on the award of public supply 
or works contracts which have as their objective the 
reduction of regional disparities and the promotion of job 
creation in regions whose development is lagging behind 
and in declining industrial regions, on condition that the 
provisions concerned are compatible with the Treaty and 
with the Community's international obligations. 
(!) Proposal for a Council Directive on the approximation of the 
laws, regulations and administrative provisions of the Member 
States relating to construction products [COM(86) 756 final/3 
of 17 February 1987]. 
No C 319/12 Official Journal of the European Communities 12. 12. 88 
TITLE V 
Final provisions 
Article 24 
1. Without prejudice to the obligations of the Com­
munity or its Member States in relation to third States, any 
offer may be rejected when more than half of the price 
offered represents the value of products manufactured or 
services performed outside the Community or a combi­
nation thereof. 
2. Subject to paragraph 3, an offer which is equivalent to 
one falling within the scope of paragraph 1 but which itself 
falls outside the scope of that paragraph shall be preferred. 
The price of such offer shall be considered equivalent 
provided it does not exceed the price of the offer falling 
within the scope of paragraph 1 by more than 3 %. 
3. However, an offer shall not be preferred to another 
pursuant to paragraph 2 where its acceptance would oblige 
the contracting entity to acquire material having different 
technical characteristics from existing material which 
would result in incompatibility or disproportionate 
technical difficulties in operation and maintenance. 
4. For the purposes of this Article: 
(a) the value of products manufactured outside the 
Community shall include the value of all finished or 
semi-finished products imported, directly or indirectly, 
from third countries; 
(b) the value of services performed outside the Community 
shall include the value of all activities performed on the 
territory of third countries that contribute to the 
rendering of the services covered by the contract. 
5. This Article shall not apply to offers of third country 
origin to which the benefit of the provisions of this 
Directive has been extended by a decision of the Council, 
acting by qualified majority on a proposal from the 
Commission, pursuant to an agreement between the 
Community and a third country, within the GATT 
framework or otherwise. 
Article 25 
1. The value in national currencies of the thresholds 
specified in Article 8 shall in principle be revised every two 
years with effect from 1 January 1990. The calculation of 
such value shall be based on the average daily values of 
these currencies in terms of the ecu over the 24 months 
terminating on the last day of October immediately 
preceding the 1 January revision. The values shall be 
published in the Official Journal of the European 
Communities at the beginning of November. 
2. The method of calculation laid down in paragraph 1 
shall be examined, on the Commission's initiative, by the Advisory Committee for Public Contracts, in principle two 
years after its initial application. 
Article 26 
1. Annexes I to IX may be amended by the Commission 
(a) to delete entities to which the Annexes refer because 
they no longer fulfil the criteria for their inclusion set 
out in Article 2 (1); 
(b) to include entities which meet those criteria; 
(c) to take account of amendments to the legal instruments 
to which the Annexes refer which do not involve the 
deletion or inclusion of entities in accordance with (a) 
and (b). 
2. Amendments shall be made by the Commission after 
consulting the Advisory Committee for Public Contracts, 
set up by Decision 71/306/EEC. 
The chairman of the Committee shall submit to the 
Committee any necessary draft revisions. The Committee 
shall deliver its opinion on the draft, if necessary by taking a 
vote, within a time limit to be laid down by the chairman. 
The opinion shall be recorded in the minutes. In addition, 
each Member State shall have the right to ask to have its 
position recorded in the minutes. 
3. Amended versions of the annexes shall be published for 
information in the Official Journal of the European 
Communities. 
Article 27 
1. Contracting entities shall keep internal records on each 
contract award procedure which are sufficient to permit 
the contracting entity at a later date to give: 
(a) the reasons underlying the use of standards other than 
European standards, common technical specifications 
or European technical approvals, pursuant to Ar­
ticle 9(2), or the reasons for not applying performance 
standards and specifications pursuant to Article 10(2); 
(b) information on decisions concerning the qualification, 
non-qualification or termination of a qualification of 
undertakings, pursuant to Article 20. These records 
shall be sufficiently detailed to permit an evaluation to 
be made of the criteria used and the manner of their 
application; 
(c) the information on contracts awarded provided to 
interested companies or withheld, pursuant to Ar­
ticle 15(2); 
12. 12. 88 Official Journal of the European Communities No C 319/13 
(d) information on cases of reliance on restricted or 
negotiated procedures. These records shall include at 
least the subject of the contract; where applicable, the 
suppliers which have requested to participate; the 
candidates invited to present an offer; and, should the 
occasion arise, the candidates rejected and the reasons 
for their rejection; 
(e) the criteria used and the manner of their application 
with regard to the selection of candidates pursuant to 
Articles 19 and 21; 
(f) the criteria used and the manner of their application 
with regard to the award of the contract pursuant to 
Article 22. 
2. These records or the information contained therein 
shall be made available to the Commission on demand. 
Article 28 
Member States shall communicate to the Commission, 
each year at the latest on 31 October for the preceding 
calendar year, a statistical report including at least: 
(a) for each of Annexes I to IX, the number and total value 
of contracts above and below the thresholds es­
tablished by this Directive; 
(b) for each of the Annexes, by number and total value of 
contracts: 
— the breakdown between supply contracts and 
works contracts, 
— the breakdown between the means of call for 
competition provided for in Article 13, 
— the breakdown between contracts awarded to 
suppliers inside and outside the Community and 
from each of the Member States, 
— the proportion of contracts awarded by negotiated 
procedures without prior call for competition. 
Article 29 
1. Article 2(2) of Directive 77/62/EEC is hereby replaced 
by the following: 
'2. This Directive shall not apply to: 
(a) the award of public supply contracts by contracting 
authorities in the field covered by the provisions of 
Council Directive ...(*); 
(b) supplies which are declared secret or when their 
delivery 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 require. 
(*) OJ No L...' 
2. The text of Article 3(4) and (5) of Directive 71/305/ 
EEC, as amended by Directive... (!), is hereby replaced by 
the following: 
'This Directive shall not apply to the award of public 
works contracts by contracting authorities in the field 
covered by the provisions of Council Directive ...(*). 
(*) OJ No L ...' 
Article 30 
Not later than four years after the coming into force of this 
Directive, the Commission, acting in close cooperation 
with the Advisory Committee for Public Contracts, shall 
review the manner in which this Directive has operated and 
its field of application and, if necessary, make further 
proposals to adapt it, in the light of developments 
concerning in particular progress in market opening and 
the level of competition within and between the sectors 
concerned. 
Article 31 
Member States shall adopt the measures necessary to 
comply with this Directive by 1 March 1990. They shall 
inform the Commission thereof. 
Article 32 
Member States shall ensure that the texts of the basic 
provisions of domestic law, whether laws, regulations or 
administrative provisions, which they adopt in the field 
covered by this Directive, are communicated to the 
Commission. 
Article 33 
This Directive is addressed to the Member States. 
(*) Proposal for a Council Directive amending Directive 71/305/ 
EEC concerning the coordination of procedures for the award 
of public works contracts [COM(88) 354 final of 20 June 
1988]. 
No C 319/14 Official Journal of the European Communities 12. 12. 
ANNEX I: 
ANNEX II: 
ANNEX III: 
ANNEX IV: 
ANNEX V: 
ANNEX VI: 
ANNEX VII: 
ANNEX VIII: 
ANNEX IX: 
ANNEX X: 
ANNEX XI: 
ANNEX XII A: 
B: 
C: 
ANNEX XIII: 
ANNEX XIV: 
ANNEX XV: ANNEXES 
Contracting entities in the field of the production, transport or distribution of drinking water 
Contracting entities in the field of the production, transport or distribution of electricity 
Contracting entities in the field of the transport or distribution of gas or heat 
Contracting entities in the field of exploration for and extraction of oil or gas 
Contracting entities in the field of exploration for and extraction of coal or other solid fuels 
Contracting entities in the field of railway services 
Contracting entities in the field of urban railway, tramway, trolley, bus or bus services 
Contracting entities in the field of airport facilities 
Contracting entities in the field of maritime or inland port or other terminal facilities 
Professional activities in the building and civil engineering sector 
Model notices concerning water concession contracts 
Tender notice related to open procedures 
Notice related to restricted procedures 
Notice related to negotiated procedures 
Notice on the existence of a qualification system 
Periodic notice 
A. Concerning supply contracts 
B. Concerning works contracts 
Notice on contracts awarded 
12. 12. 88 Official Journal of the European Communities No C 319/15 
ANNEX 1 
PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER 
BELGIUM 
Entity set up pursuant to the Decret du 2 juillet 1987 de la region wallonne erigeant en entreprise regionale de 
production et d'adduction d'eau le service du ministere de la region charge de la production et du grand 
transport d'eau. 
Entity set up pursuant to the Arrete du 23 avril 1986 portant constitution d'une societe wallonne de distribution 
d'eau. 
Entity set up pursuant to the Arrete du 17 juillet 1985 de I'executif flamand portant fixation des statuts de la 
societe flamande de distribution d'eau. 
Entities producing or distributing water and set up pursuant to the Loi relative aux intercommunales du 
22 decembre 1986. 
Entities producing or distributing water set up pursuant to the Code communal, article 147bis, ter et quater, sur 
les regies communales. 
DENMARK 
Entities producing or distributing water referred to in article 3, paragraph 3 of Lov om vandforsyning m.v. af 
4.juli 1985. 
GERMANY 
Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen or Eigenbetriebsgesetze of 
the Lander. 
Entities producing or distributing water pursuant to the Gesetze iiber die Kommunale Gemeinschaftsarbeit oder 
Zusammenarbeit of the Lander. 
Entities producing water pursuant to the Gesetz iiber Wasser- und Bodenverbdnde vom 10. Februar 1937 and 
the erste Verordnung iiber Wasser- und Bodenverbdnde vom 3. September 1937. 
(Regiebetriebe) producing or distributing water pursuant to the Gemeindeordnungen der Lander. 
Entities set up pursuant to the Aktiengesetz vom 6. September 1965 gedndert 19. Dezember 1985 or GmbH-
Gesetz vom 20. Mai 1898 gedndert 15. Mai 1986 or having the legal status of a Kommanditgesellschaft, 
producing or distributing water on the basis of a Konzessionsvertrag granted by regional or local authorities. 
GREECE 
The Water Company of Athens (Exaipeia Ydpsooscog — Anoxexsoaecog 77pcoxevovang) set up pursuant to law 
1068/80 of 23 August 1980. 
The Water Company of Salonic (Opya.viop.6g YdpeuaecoQ OeoaakoviKng) operating pursuant to presidential 
decree 61/1988. 
The Water Company of Volos (Exaipeia YSpevaecag BoXov) operating pursuant to law 890/1979. 
Municipal Companies (AnpoxiKeg E%ixeipr\azig vSpeuang-anoxexevang ) producing or distributing water and 
set up pursuant to law 1069/80 of 23 August 1980. 
Associations of Local Authorities (ZovSeapoi 'YSpeoang) operating pursuant to the Code of Local Authorities 
(KdbSucag Ar\p(av Kai Koivoxr/xwv) implemented by presidential decree 76/1985. 
SPAIN 
Entities producing or distributing water pursuant to the Ley n° 7/1985 de 2 de abril de 1985. Reguladora de las 
Bases del Regimen local and to the Decreto Real n° 781/1986 Texto Refundido Regimen Local. 
FRANCE 
Entities producing or distributing water pursuant to the: 
Code des communes L 323-1 a L 328-8, R 323-1 a R 323-6 (dispositions generates sur les regies). 
Code des communes L 323-8 R 323-4 [Regies directes (ou de fait)]; or 
No C 319/16 Official Journal of the European Communities 12. 12. 88 
Decret-loi du 28 decembre 1926, Reglement d'administration publique du 17 fevrier 1930, code des communes 
L 323-10 a L 323-13 R 323-75 a 323-132 (regies a simple autonomie financiere); or 
Code des communes L 323-9, R 323-7 a R 323-74, decret du 19 octobre 1959 (regies a personnalite morale et a 
autonomie financiere); or 
Code des communes L 324-1 a L 324-6, R 324-1 a R 324-13 (gestion deleguee, concession et affermage); or 
Jurisprudence administrative, Circulaire interieure du 13 decembre 1975 (gerance); or 
Code des communes R 324-6, Circulaire interieure du 13 decembre 1975 (regie interessee); or 
Circulaire interieure du 13 decembre 1975 (exploitation aux risques et perils); or 
Decret du 20 mai 1955, Loi du 7 juillet 1983 sur les societes d'economie mixte (participation a une societe 
d'economie mixte); or 
Code des communes L 322-1 a L 322-6, R 322-1 a R 322-4 (dispositions communes aux regies, concessions et 
affermages). 
IRELAND 
The Dublin Corporation. 
Entities producing or distributing water pursuant to The Public Health (Ireland) Act 1878, the Water Supplies 
Act 1942, the Sanitary Services Act 1964. 
ITALY 
Entities producing or distributing water pursuant to the Testo Unico delle leggi sull'assunzione diretta dei 
pubblici servizi da parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and 
to the Decreto del P.R. n. 902 del 4 ottobre 1986. 
Ente Autonomo Acquedotto Pugliese set up pursuant to RDL 19 ottobre 1919, n. 2060. 
Ente Acquedotti Siciliani set up pursuant to leggi regionali 4 settembre 1979, n. 2/2e 9 agosto 1980, n. 81. 
Ente Sardo Acquedotti e Fognature set up pursuant to legge 5 luglio 1963 n. 9. 
LUXEMBOURG 
Local authorities distributing water. 
Associations of local authorities producing or distributing water set up pursuant to the Loi du 14 fevrier 1900 
concernant la creation des syndicats de communes telle quelle a ete modifiee et completee par la Loi du 
23 decembre 1958 et par la Loi du 29 juillet 1981 and pursuant to the Loi du 31 juillet 1962 ayant pour objet le 
renforcement de I'alimentation en eau potable du Grand-Duche du Luxembourg a partir du reservoir d'Esch-
sur-Sure. 
NETHERLANDS 
Entities producing or distributing water pursuant to the Waterleidingwet van 6 april 1957, amended by de 
Wetten van 30junil967,10 September 1975,23juni 1976,30 September 1981,25 januari 1984,29 januari 1986. 
PORTUGAL 
Empresa Publica das Aguas Livres producing or distributing water pursuant to Decreto-Lei 190/81 de 4 de 
Julhode 1981. 
Local authorities producing or distributing water. 
UNITED KINGDOM 
Water authorities and companies producing or distributing water pursuant to the Water Acts 1945, 1973 and 
1983. 
The Central Scotland Water Development Board producing water and the water authorities producing or 
distributing water pursuant to the Water (Scotland) Act 1980. 
The Department of the Environment for Northern Ireland responsible for producing and distributing water 
pursuant to the Water and Sewerage (Northern Ireland) Order 1973. 
12. 12. 88 Official Journal of the European Communities No C 319/17 
ANNEX II 
PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY 
BELGIUM 
Entities producing, transporting or distributing electricity pursuant to Article 5: Des regies communales et 
intercommunales of the Loi du 10 mars 1925 sur les distributions d'energie electrique. 
Entities transporting or distributing electricity pursuant to the Loi relative aux inter communales du 
22 decemhre 1986. 
EBES, INTERCOM, UNERG and other entities producing, transporting or distributing electricity and granted 
a concession for distribution pursuant to Article 8 — les concessions communales et intercommunales of the Loi 
du 10 mars 1925 sur les distributions d'energie electrique. 
The Societe publique de production d'electricite (SPE). 
DENMARK 
Entities producing or transporting electricity on the basis of a licence pursuant to §3, stk. 1 of the Lov nr. 54 af 
25. februar 1976 om elforsyning, jf. Bekendtgerelse nr. 607 af 17. december 1976 om elforsyningslovens 
anvendelsesomrade. 
Entities distributing electricity as defined in §3, stk. 2 of the Lov nr. 54 af 25. februar 1976 om elforsyning, jf. 
Bekendtgorelse nr. 607 af 17. december 1976 om elforsyningslovens anvendelsesomrade and on the basis of 
authorizations for expropriation pursuant to articles 10 to 15 of the Lov om elektriske stcerkstr0msanla;g, jf. 
Lovbekendtgorelse nr. 669 af 28. december 1977. 
GERMANY 
Entities producing, transporting or distributing electricity as defined in § 2 // of the Gesetz zur Forderung der 
Energiewirtscbaft (Energiewirtschaftsgesetz) vom 13. Dezember 1935. 
GREECE 
The An/xoma Enixsipnar/ HXeKxpiapov (Public Power Corporation) set up pursuant to the law 1468 of 2 August 
1950. IJepi iSpvoecoQ Anpooiaq Eni/sipr/creon; HAexxpiajuov and operating pursuant to the law 57/85. Aopr), 
poXoq Kai xponoq dioiKtjanq KM Xeixovpyiaq xnq KoivcoviKonoitjpevng Anpooiaq Enixsipnanq HXe.Kxpwp.ov. 
SPAIN 
Entities producing, transporting or distributing electricity pursuant to article 1 of the Decreto Ley de 12 de 
marzo de 1954 approving the Reglamento de Verificaciones Electricas y Regularidad en el suministro de 
Energia. 
Red Electrica Espaha (REDESA) set up pursuant to Decreto Real n° 91 de 23 de enero de 1985. 
FRANCE 
Electricite de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation de 
I'electricite et du gaz. 
Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 of Loi 48/1260 
du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la 
nationalisation de I'electricite et du gaz. 
Compagnie Nationale du Rhone. 
IRELAND 
The Electricity Supply Board (ESB) set up and operating pursuant to the Electricity Supply Act 1927. 
ITALY 
Ente Nazionale per I'Energia elettrica set up pursuant to legge n. 1643, 6 dicembre 1962 approvato con Decreto 
n. 1720, 21 dicembre 1965. 
Entities operating on the basis of a concession pursuant to article 4, n. 5 or 8 of Legge 6 dicembre 1962, n. 1643 
— Istituzione dell'Ente nazionale per I'energia elettrica e trasferimento ad esso delle imprese esercenti le 
industrie elettriche. 
Entities operating on the basis of concession pursuant to article 20 of Decreto del Presidente della Repubblica 
18 marzo 1965, n. 342 Norme integrative della legge 6 dicembre 1962, n. 1643 e norme relative al 
coordinamento e all'esercizio delle attivita elettriche esercitate da enti ed imprese diverse dell'Ente nazionale per 
I'Energia elettrica. 
No C 319/18 Official Journal of the European Communities 12. 12. 88 
LUXEMBOURG 
Compagnie grand-ducale d'electricite de Luxembourg producing or distributing electricity pursuant to the 
Convention du 11 novembre 1927 concernant V etablissement et Sexploitation des reseaux de distribution 
d'energie electrique dans le Grand-Duche du Luxembourg approuvee par la loi du 4 Janvier 1928. 
Societe electrique de I'Our (SEO). 
Syndicat de Communes S1DOR. 
Entities producing electricity pursuant to the Accord du ler Janvier 1960 entre le Gouvernement et les petites 
centrales hydro-electriques privees concernant la fourniture d'energie electrique au reseau public. 
Entities distributing electricity pursuant to article 5 of the Convention du 11 novembre 1927 concernant 
I'etablissement et Sexploitation des reseaux de distribution d'energie electrique dans le Grand-Duche du 
Luxembourg, approuves par la loi du 4 Janvier 1928. 
NETHERLANDS 
Elektriciteitsproduktie maatschappij Oost-Nederland (EPON). 
ElektriciteitsbedrijfUtrecbt-Noord-Holland-Amsterdam (UNA). 
Elektriciteitsbedrijf Zuid-Holland (EZH). 
Elektriciteitsproduktiemaatscbappij Zuid-Nederland (EPZ). 
Provinciale Zeeuwse Energie Maatschappij (PZEM). 
Samenwerkende Elektriciteitsproduktiebedrijven (SEP). 
Entities distributing electricity on the basis of a licence {Vergunning) granted by the provincial authorities 
pursuant to the Provinciewet van 25 januari 1962. 
PORTUGAL 
Electricidade de Portugal (EDP) set up pursuant to Decreto Lei 502/76 de 30 de Junho de 1976. 
Entities distributing electricity pursuant to Artigo 1° — Decreto Lei 344-B/82 de 1 de Setembro de 1982, 
amended by Decreto Lei 297/86 de 19 de Setembro de 1986. 
UNITED KINGDOM 
Central Electricity Generating Board (CEGB), and the Areas Electricity Boards producing, transporting or 
distributing electricity pursuant to the Electricity Supply Act 1926, Electricity Act 1947 and the Electricity Act 
1957. 
The North of Scotland Hydro-Electricity Board (NSHB) set up pursuant to the Hydro Electric Development 
(Scotland Act 1943) and the Electricity Act 1947. 
The South of Scotland Electricity Board (SSEB) set up pursuant to the South of Scotland Electricity Order 
Confirmation Act 1956. 
The Northern Ireland Electricity Service (NIES) set up pursuant to the Electricity Supply (Northern Ireland) 
Order 1972. 
ANNEX III 
TRANSPORT OR DISTRIBUTION OF GAS OR HEAT 
BELGIUM 
Distrigaz SA operating pursuant to the Loi du 29 juillet 1983. 
12. 12. 88 Official Journal of the European Communities No C 319/19 
Entities transporting gas on the basis of an authorization or concession pursuant to the Loi dull avril 1965, as 
amended by the Loi du 28 juillet 1987. 
Entities distributing gas and operating pursuant to the Loi relative aux intercommunales du 22 decembre 1986. 
Local authorities, or associations of, supplying heat to the public. 
DENMARK 
Dansk Olie og Naturgas A/S operating on the basis of an exclusive right granted pursuant to Bekendtgorelse 
nr. 869 af 18. juni 1979 om eneretsbevilling til indforsel, forhandling, transport og oplagring af naturgas. 
Entities operating pursuant to lov nr. 294 af 7. juni 1972 om naturgasforsyning. 
Entities distributing gas or heat on the basis of an approval pursuant to chapter IV of lov om varmeforsyning jf. 
lovbekendtgorelse nr. 542 af 6. oktober 1982. 
Entities transporting gas on the basis of an authorization pursuant to Bekendtgorelse nr. 141 af 13. marts 1974 
om rorledningsanlceg pa dansk kontinentalsokkelomrade til transport af kulbrinter (installation of pipelines on 
continental platform for the transport of hydrocarbons). 
GERMANY 
Entities transporting or distributing gas as defined in § 2 11/1 of the Gesetz zur Forderung der Energiewirtschaft 
vom 19. Dezember 1935 (Energiewirtschaftsgesetz). 
Local authorities, or associations of, supplying heat to the public. 
GREECE 
DEP transporting or distributing gas pursuant to the Ministerial decision 2583/1987. AvdOeorj cxn An/j,6aia 
Emxsipnat] IJexpeXaiov apfiodiorrjxcov axexiKcbv fj£ xo (pvaiKo aipw. 
Athens Municipal Gasworks SA DEFA transporting or distributing gas. 
SPAIN 
Entities operating pursuant to Ley n° 10 de 15 de junio de 1987. 
FRANCE 
Societe nationale des gaz du Sud-ouest transporting gas. 
Gaz de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation de I'electricite 
et du gaz. 
Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 of Loi 48/1260 
du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la 
nationalisation de I'electricite et du gaz. 
Compagnie Francaise du Methane transporting gas. 
Local authorities, or associations of, supplying heat to the public. 
IRELAND 
Irish Gas Board and other entities operating pursuant to the Gas Act 1976. 
Dublin Corporation supplying heat to the public. 
ITALY 
SNAM and SGMe Montedison transporting gas. 
Entities distributing gas pursuant to the Testo Unico delle leggi sull'assunzione diretta dei pubblici servizi da 
parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and to the Decreto del 
P.R. n. 902 del 4 ottobre 1986. 
Entities distributing heat to the public referred to in article 10 of the legge 29 maggio 1982, n. 308 — Norme sul 
contenimento dei consumi energetici, lo sviluppo delle fonti rinnovabili di energia, I'esercizio di centrali 
elettriche alimentate con combustibili diversi dagli idrocarburi. 
Local authorities, or associations of, supplying heat to the public. 
No C 319/20 Official Journal of the European Communities 12. 12. 88 
LUXEMBOURG 
Societe de Transport de Gaz SOTEG SA. 
Gaswerk Esch-Uelzecht SA. 
Service Industriel de la Commune de Dudelange. 
Service Industriel de la Commune de Luxembourg. 
Local authorities, or associations of, supplying heat to the public. 
NETHERLANDS 
Gasunie 
Entities transporting or distributing gas on the basis of a concession (concessie) granted by the local authorities 
pursuant to the Gemeentewet van 29 juni 1851. 
Local or provincial authorities transporting or distributing gas to the public pursuant to the Gemeentewet van 
29 juni 1851 and the Provinciewet van 25 januari 1962. 
Local authorities, or associations of, supplying heat to the public. 
PORTUGAL 
Sociedade de Electridade de Portugal (EDP). 
UNITED KINGDOM 
British Gas pic and other entities operating pursuant to the Gas Act 1986. 
Local authorities, or associations of, supplying heat to the public. 
ANNEX IV 
EXPLORATION FOR AND EXTRACTION OF OIL OR GAS 
The entities granted an authorization, permit, licence or concession to explore for or extract oil and gas 
pursuant to the following legal provisions: 
BELGIUM 
Loi du ler mai 1939 completee par V arrete royal n° 83 du 28 novembre 1939 sur V exploration et I'exploitation du 
petrole et du gaz. 
Arrete royal du 15 novembre 1919. 
Arrete royal du 7 avril 1953. 
Arrete royal du 15 mars 1960, Loi au sujet de la plate-forme continentale du 15 juin 1969. 
Arrete de I'Executif regional wallon du 29 septembre 1982. 
Arrete de I'Executif flamand du 30 mai 1984. 
DENMARK 
Lov nr. 293 af 10. juni 1981 om anvendelse af Danmarks undergrund. 
Lov om kontinentalsoklen, jf. lovbekendtgarelse nr. 182 af 1. maj 1979. 
GERMANY 
Bundesberggesetz vom 13. August 1980, amended on 29 November 1986. 
GREECE 
Law 87/1975 setting up DEP EKY. Ilepi iSpoaecoq Arjpoaiaq Enixeipr/oeoiq Ilexp&Xaiov. 
12. 12. 88 Official Journal of the European Communities No C 319/21 
SPAIN 
Ley sobre Investigation y Explotacion de Hidrocarburo de 27 de junto de 1974 and its implementing decrees. 
FRANCE 
Code minier (Decret 56-838 du 16 aout 1956), amended by Loi 56-1327 du 29 decembre 1956, Ordonnance 58-
1186 du 10 decembre 1958, Decret 60-800 du 2 aout 1960, Decret 61-6359 du 7 avril 1961, Loi 70-1 du 2 Janvier 
1970, Loi 77-620 du 16 juin 1977, Decret 80-204 du 11 mars 1980. 
IRELAND 
Petroleum and Other Minerals Development Act 1960. 
Ireland Exclusive Licensing Terms 1975. 
Revised Licensing Terms 1987. 
ITALY 
Law No 136 of 10 February 1953. 
Law No 6 of 11 January 1957, amended by Law No 613 of 21 July 1967. 
LUXEMBOURG 
NETHERLANDS 
Mijnwet nr. 285 van 21 april 1810. 
Wet opsporing delfstoffen nr. 258 van 3 mei 1967. 
Mijnwet continentaalplat 1965, nr. 428 van 23 September 1965. 
PORTUGAL 
Decreto-Lei 543/74 de 16 de Outubro de 1974, as amended by Decrees and communications 168/77, 22/79, 
266/80,234/84, 174/85. 
Decreto 47/973 de 30 de Setembro de 1967 and 493/69 de 11 de Novembro de 1969, as amended by Decrees 
97/71, 98/71, 96/74, 424-C/76, 315/78, 266/80, 2/81, 245/82. 
UNITED KINGDOM 
Petroleum Production Act 1934. 
Continental Shelf Act 1964. 
Pipeline Act 1962. 
Petroleum and Submarine Pipeline Act 1975. 
Oil and Gas Act 1982. 
Petroleum Act 1987. 
Petroleum (Production) regulation 1982, 1984, 1986. 
Oil and Pipeline Act 1985. 
ANNEX V 
EXPLORATION FOR AND EXTRACTION OF COAL OR OTHER SOLID FUELS 
BELGIUM 
Entities exploring or extracting coal or other solid fuels pursuant to the Arrete du regent du 22 aout 1948 and the 
Loi du 22 avril 1980. 
No C 319/22 Official Journal of the European Communities 12. 12. 88 
DENMARK 
Entities exploring or extracting coal or other solid fuels pursuant to the lov nr. 223 af8. juni 1977 om rdstoffer. 
GERMANY 
Entities exploring or extracting coal or other solid fuels pursuant to the Bundesberggesetz vom 13. August 1980, 
BGB1 1980. 
GREECE 
Public Power Corporation (An/idoia Enixtipnon HXeKxpiafiov) exploring or extracting coal or other solid 
fuels pursuant to the Mining Code of 1973, as amended by the law of 27 April 1976. 
SPAIN 
Entities exploring or extracting coal or other solid fuels pursuant to the Mining Code of 21 July 1973. 
FRANCE 
Entities exploring or extracting coal or other solid fuels pursuant to Code minier (Decret 56-863 du 16 aout 
1956), as amended by Loi 77-620 du 16 juin 1977, Decret 80-204 et Arrete du 11 mars 1980. 
IRELAND 
Bord na Mona. 
ITALY 
Carbo Suicis SpA. 
LUXEMBOURG 
NETHERLANDS 
PORTUGAL 
Empresa Carbonifera do Douro. 
UNITED KINGDOM 
British Coal Board set up pursuant to Coal Industry Nationalisation Act 1946. 
Entities exploring or extracting solid fuels pursuant to the Mineral Development Act (Northern Ireland) 1969. 
ANNEX VI 
CONTRACTING ENTITIES IN THE FIELD OF RAILWAY SERVICES 
BELGIUM 
Societe nationale des chemins de fer beiges. 
Nationale Maatschappij der Belgische Spoorwegen. 
DENMARK 
Danske Statsbaner (DSB). 
Entities operating set up pursuant to Lov nr. 295 af 6. juni 1984 om privatbanerne. 
12. 12. 88 Official Journal of the European Communities No C 319/23 
GERMANY 
Deutsche Bundesbahn. 
Other entities providing railway services to the public as defined in paragraph 2 of Allgemeines Eisenbahngesetz 
1951. 
GREECE 
OpyavwpLbq ZiSnpoSpo/ucov EXXadoq. 
SPAIN 
Red Nacional de Los Ferrocarriles Espaholes. 
Ferrocarriles de Via Estrecha (FEVE). 
Ferrocarriles de la Generalitat de Catalunya (FGC). 
Eusko Trenbideak (Bilbao). 
Ferrocarriles de la Generalitat Valenciana (FGV). 
FRANCE 
Societe nationale des chemins de fer francais and other reseaux ferroviaires ouverts au public referred to in the 
hoi d'orientation des Transports interieurs du 30 decembre 1982, Titre 11, Chapitre ler du Transport 
ferroviaire. 
IRELAND 
larnrod Eireann (Irish Rail). 
ITALY 
Ferrovie dello Stato. 
Entities providing railway services on the basis of a concession pursuant to article 10 oiRegio Decreto 9 maggio 
1912, n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata, 
le tramvie a trazione meccanica e gli automobili. 
Entities operating on the basis of a concession granted, pursuant to special laws, as referred to in Titolo XI, 
Capo II, Sezione la of Regio Decreto 9 maggio 1912, n. 1447, che approva il testo unico delle disposizioni di 
legge per le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili. 
Entities providing railway services on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949, 
n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione. 
Entities or local authorities providing railway services on the basis of a concession pursuant to article 14 of 
Legge 2 agosto 1952, n. 1221 — Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di 
trasporto in regime di concessione. 
LUXEMBOURG 
Chemins de fer luxembourgeois (CFL). 
NETHERLANDS 
Nederlandse Spoorwegen NV. 
Streekvervoerbedrijf Centraal Nederland. 
PORTUGAL 
Caminhos de Ferro Portugueses. 
UNITED KINGDOM 
British Rail. 
Northern Ireland Railways. 
No C 319/24 Official Journal of the European Communities 12. 12. 88 
ANNEX VII 
CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEY BUS 
OR BUS SERVICES 
BELGIUM 
Societe nationale des chemins de fer vicinaux (SNCV)/Nationale Maatschappij van Buurtspoorwegen (NMB). 
Entities providing transport services to the public on the basis of a contract granted by SNCV pursuant to 
articles 16 and 21 of the Arrete du 30 decembre 1946 relatif aux transports remuneres de voyageurs par route 
effectues par autobus et par autocars. 
Societe des transports intercommunaux de Bruxelles (STIB). 
Maatschappij van het intercommunaal Vervoer te Antwerpen (MIVA). 
Maatschappij van het intercommunaal Vervoer te Gent (MIVG). 
Societe des transports inter communaux de Charleroi (STIC). 
Societe des transports inter communaux de la region liegeoise (STIL). 
Societe des transports inter communaux de V agglomeration vervietoise (STIAV), and other entities set up 
pursuant to the Loi relative a la creation de societes de transports en commun urbains/Wet betreffende de 
oprichting van maatschappijen voor stedelijk gemeenschappelijk vervoer of 22 February 1962. 
Entities providing transport services to the public on the basis of a contract with STIB pursuant to article 10 or 
with other transport entities pursuant to article 11 of the Arrete royal 140 du 30 decembre 1982 relatif aux 
mesures d'assainissement applicables a certains organismes d'interet public dependant du ministere des 
communications. 
DENMARK 
Danske Statsbaner (DSB) 
Entities providing bus services to the public (almindelig rutekorsel) on the basis of an authorization pursuant to 
Lov nr. 115 af 29. marts 1978 om buskorsel. 
GERMANY 
Entities providing transport services to the public as defined in § 12, II und II of the Personenbeforderungsgesetz 
vom 21. Marz 1961. 
GREECE 
HXeKxpoKivnta Aeaxpopeia IJspioxrjc; AOnvcbv-IJeipaicbq. 
(Electric Buses of the Athens — Piraeus Area) operating pursuant to decree 768/1970 and law 588/1977. 
HXeKtpiKoi Zidrjpodpo/uoi Adnvcbv-IIeipaicbq. 
(Athens — Piraeus Electric Railways) operating pursuant to laws 352/1976 and 588/1977. 
Emxdpnan AOTIKCOV Zuytcoivcovicbv. 
(Enterprise of Urban Transport) operating pursuant to law 588/1977. 
Koivo Tafieio Eianpd&coQ Aeaxpopeicov. 
(Joint Receipts Fund of Buses) operating pursuant to decree 102/1973. 
POAA (Anpowcr/ Eni/sipr/an Asaxpopeicov Podov). 
Roda Municipal bus enterprise in Rhodes. 
Opyaviap,6q AOTIKCOV ZvyKoivcovicbv 0ecaaAoviKng. 
(Urban Transport Organization of Thessaloniki) operating pursuant to decree 3721/1957 and law 716/1980. 
SPAIN 
Entities providing transport services to the public pursuant to the Ley de Regimen Local. 
Corporacion metropolitana de Madrid. 
Corporacion metropolitana de Barcelona. 
Entities providing urban or inter-urban bus services to the public pursuant to articles 113 to 118 of the Ley de 
Ordenacion de Transportes Terrestres de 31 de julio de 1987. 
Entities providing bus services to the public, pursuant to article 71 of the Ley de Ordenacion de Transportes 
Terrestres de 31 de julio de 1987. 
FEVE, RENFE (or Empresa Nacional de Transportes de Viajeros por Carretera) providing bus services to the 
public pursuant to the Disposiciones adicionales, Primera, de la Ley de Ordenacion de Transportes Terrestres 
de 31 de julio de 1957. 
12. 12. 88 Official Journal of the European Communities No C 319/25 
Entities providing bus services to the public pursuant to Disposiciones Transitorias, Tercera de la Ley de 
Ordenacion de Transportes Terrestres de 31 de julio de 1957. 
FRANCE 
Entities providing transport services to the public pursuant to article 7-11 of Lor 82-1153 du 30 decembre 1982, 
Transports interieurs, Orientation. 
Regie autonome des transports parisiens, Societe nationale des chemins de fer francais, APTR and other entities 
providing transport services to the public on the basis of an authorization granted by the Syndicat des 
Transports Parisiens pursuant to the Ordonnance de 1959 et ses decrets d'application relatifs a I'organisation 
des transports de voyageurs dans la region parisienne. 
IRELAND 
larnrod Eireann (Irish Rail). 
Bus Eireann (Irish Bus). 
Bus Atha Cliath (Dublin Bus). 
Entities providing transport services to the public on the basis of a licence granted pursuant to the Road 
Transport Act 1932. 
ITALY 
Entities providing transport services to the public on the basis of a concession pursuant to Legge 28 settembre 
1939, n. 1822 — Disciplina degli autoservizi di linea (autolinee per viaggiatori, bagagli e pacchi agricoli in 
regime di concessione all'industria privata) — article 1 as modified by article 45 ofDecreto del Presidente della 
Repubblica 28 giugno 1955, n. 771. 
Entities providing transport services to the public pursuant to article 1, n. 4 or n. 15 of Regio Decreto 15 ottobre 
1925, n. 2578 — Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei 
comuni e delle province. 
Entities operating on the basis of a concession pursuant to article 242 or 256 of Regio Decreto 9 maggio 1912, 
n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata, le 
tramvie a trazione meccanica e gli automobili. 
Entities or local authorities operating on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949, 
n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione. 
Entities operating on the basis of a concession pursuant to article 14 of Legge 2 agosto 1952, n. 1221 — 
Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di 
concessione. 
LUXEMBOURG 
Chemins de fer du Luxembourg (CFL). 
Service communal des autobus municipaux de la ville de Luxembourg. 
Transports intercommunaux du Canton d'Esch-sur-Alzette (TICE). 
Federation luxembourgeoise des entreprises d'autobus et d'autocars operating pursuant to the Reglement 
Grand-Ducal du 3 fevrier 1978 concernant les conditions d'octroi des autorisations d'etablissement et 
d'exploitation des services de transports routiers reguliers de personnes remunerees. 
NETHERLANDS 
Entities providing transport services to the public pursuant to chapter II (openbaar vervoer) of the Wet 
Personenvervoer van 12 maart 1987. 
PORTUGAL 
Rodoviaria Nacional EP. 
Servico de Transportes Colectivos do Porto. 
Companhia Carris de Ferro de Lisboa. 
Companhia de Metropolitano de Lisboa. 
No C 319/26 Official Journal of the European Communities 12. 12. 88 
Entities providing bus services to the public pursuant to base 7, Lei 2008 de 7 de Setembro de 1945, 
Coordenacao do Transportes Terrestres and article 72 of the Decreto Lei 372-72 de 31 de Dezembro de 1948, 
Regulamento do transportes automoveis. 
UNITED KINGDOM 
Entities providing bus services to the public pursuant to the London Regional Transport Act 1984. 
Entities providing bus services to the public pursuant to the Transport Act 1985. 
Newcastle Railway. 
Glasgow Underground. 
Manchester Underground. 
Dockland Railway. 
London Underground. 
ANNEX V1I1 
CONTRACTING ENTITIES IN THE FIELD OF AIRPORT FACILITIES 
BELGIUM 
Regie des Voies Aeriennes set up pursuant to the Arrete-loi du 20 novembre 1946 portant creation de la regie des 
voies aeriennes amended by the Arrete royal du 5 octobre 1970 portant refonte du statut de la regie des voies 
aeriennes. 
DENMARK 
Airports operating on the basis of an authorization pursuant to § 55, stk. 1 i Lov om Luftfart, jf. 
Lovbekendtgivelse nr. 408 af 11. September 1985. 
GERMANY 
Airports as defined in paragraphs 38 11 Nr. 1 and 49 11 Nr. 1 of the Luftverkehrszulassungsordnung vom 
19.Juni 1964. 
GREECE 
Airports operating pursuant to law 517/1931 setting up the Civil Aviation Service [Ynnpeaia JJOXITIK^Q 
Aeponopiag (YIJA)J. 
International airports operating pursuant to presidential decree 647/981. 
SPAIN 
Airports managed by Aeropuertos Nacionales operating pursuant to Real Decreto 2 7811982 del5de octubre de 
1982. 
FRANCE 
Aeroports de Paris operating pursuant to Titre V, Articles L 251-1 a 252-1 du Code de I'aviation civile. 
Aeroport de Bdle-Mulhouse set up pursuant to the Convention Franco-Suisse du 4 juillet 1949. 
Airports as defined in Article L 270-1 du Code de Vaviation civile. 
Airports operating pursuant to the Cahier de charges type d'une concession d'aeroport, decret du 6 mai 1955. 
12. 12. 88 Official Journal of the European Communities No C 319/27 
Airports operating on the basis of a Convention d'exploitation pursuant to Article L 221 du Code de Vaviation 
civile. 
IRELAND 
Airports of Dublin, Cork and Shannon managed by Aer Rianta-lrish Airports. 
Airports operating on the basis of a public use license granted, pursuant to the Air Navigation and Transport 
Act No 23 1936, the Transport fuel and power (transfer of departmental Administration and ministerial 
functions Order 1959) and the Air Navigation (aerodrome and visual ground aids) Order 1970. 
ITALY 
Civil State airports (aerodromi civili istituiti dallo Stato) referred to in article 692 of the Codice della 
navigazione, Regio Decreto 30 marzo 1942, n. 327. 
Entities operating airport facilities on the basis of a concession granted pursuant to Article 694 of the Codice 
della navigazione, Regio Decreto 30 marzo 1942, n. 327. 
LUXEMBOURG 
Aeroport de Findel. 
NETHERLANDS 
Airports operating pursuant to Articles 18 to 30 of the Luchtvaartwet of 15 January 1958, amended on 7 June 
1978. 
PORTUGAL 
Airports managed by Aeroportos e Navegacao Aerea (ANA) EP pursuant to Decreto-Lei 246/79. 
Aeroporto do Funchal and Aeroporto de Porto Santo regionalized, pursuant to Decreto-Lei 284/81. 
UNITED KINGDOM 
Airports managed by BAA pic. 
Airports which are public limited companies (pic's) pursuant to the 1986 Airports Act. 
ANNEX IX 
CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER 
TERMINAL FACILITIES 
BELGIUM 
Societe anonyme du Canal et des installations maritimes de Bruxelles. 
Port autonome de Liege. 
Port autonome de Namur. 
Port autonome de Charleroi. 
Port de la ville de Gand. 
La Compagnie des installations maritimes de Bruges — Maatschappij der Brugse haveninrichtingen. 
Societe intercommunale de la rive gauche de I'Escaut — Intercommunale maatschappij van de linker 
Scheldeoever (Port d'Anvers). 
No C 319/28 Official Journal of the European Communities 12. 12. 88 
Port de Nieuport. 
Port d'Ostende. 
DENMARK 
Ports as defined in article 1,1 to HI of the Bekendtgorelse nr. 604 afl6. december 1985 om hvilke havne der er 
omfattet af lov om trafikhavne, jf. lov nr. 239 af 12. maj 1976 om trafikhavne. 
GERMANY 
Seaports owned totally or partially by territorial authorities (Lander, Kreise, Gemeinden). 
Inland ports subject to the Tarifordnung pursuant to the Wassergesetze of the Lander. 
GREECE 
Piraeus port OpyaviopLOC, Aifievoq ITeipaidx;, set up pursuant to Emergency Law 1559/1950 and Law 1630/1951. 
Thessaloniki port Opyaviafioq AipAvoc, OeooaXoviKriQ, set up pursuant to decree NA 2251/1953. 
Other ports governed by presidential decree 649/1977 (IIA 649/1977). 
Enonreia, opydvcoarj Xenovpyiat;, dwiKnxiKOQ eXeyxoq Xipevcov (surveillance organization of functioning and 
administrative control). 
SPAIN 
Puerto de Huelva set up pursuant to the Decreto de 2 de octubre de 1969, n° 2380/69. Puertos y Faros. Otorga 
Regimen de Estatuto de Autonomia al Puerto de Huelva. 
Puerto de Barcelona set up pursuant to the Decreto de 25 de agosto de 1978, n° 2407/78. Puertos y Faros. 
Otorga al de Barcelona Regimen de Estatuto de Autonomia. 
Puerto de Bilbao set up pursuant to the Decreto de 25 de agosto de 1978, n° 2408/78. Puertos y Faros. Otorga al 
de Bilbao Regimen de Estatuto de Autonomia. 
Puerto de Valencia set up pursuant to the Decreto de 25 de agosto de 1978, n° 2409/78. Puertos y Faros. Otorga 
al de Valencia Regimen de Estatuto de Autonomia. 
Juntas de Puertos operating pursuant to the Ley 27/68 de 20 dejunio 1968. Puertos y Faros. Juntas de Puertos y 
Estatutos de Autonomia and to the Decreto de 9 de abril de 1970, n° 1350/70. Juntas de Puertos. Reglamiento. 
Ports managed by the Comision Administrativa de Grupos de Puertos operating pursuant to the Ley 27/68 de 20 
de junio de 1968, Decreto 1958/78 de 23 de junio de 1978 and Decreto 571/81 de 6 de mayo de 1981. 
Ports listed in the Real Decreto 989/82 de 14 de mayo de 1982. Puertos. Clasificacion de los de interes general. 
FRANCE 
Port autonome de Paris set up pursuant to Loi 68-917 du 24 octobre 1968 relative au port autonome de Paris. 
Port autonome de Strasbourg set up pursuant to the Convention du 20 mai 1923 entre I'Etat et la ville de 
Strasbourg relative a la constitution du port rhenan de Strasbourg et a {'execution de travaux d'extension de ce 
port, approved by the Loi du 26 avril 1924. 
Other inland waterway ports set up or managed pursuant to article 6 (navigation interieure) of Decret 69-140 
du 6 fevrier 1969 relatif aux concessions d'outillage public dans les ports maritimes. 
Ports autonomes operating pursuant to articles L 111-1 et suivants of the Code des ports maritimes. 
Ports non autonomes operating pursuant to articles R 121-1 et suivants of the Code des ports maritimes. 
Ports managed by regional authorities (departements) or operating pursuant to a concession granted by the 
regional authorities (departements) pursuant to article 6 of Loi 86-663 du 22 juillet 1983 completant la loi 83-8 
du 7 Janvier 1983 relative a la repartition de competences entre les communes, departements et I'Etat. 
12. 12. 88 Official Journal of the European Communities No C 319/29 
IRELAND 
Ports operating pursuant to the Harbour Act 1968. 
ITALY 
State ports and other ports managed by the Capitaneria di Porto pursuant to the Codice delta navigazione, 
Regio Decreto 30 marzo 1982, n. 32. 
Autonomous ports (Enti portuali) set up by special laws pursuant to article 19 of the Codice delta navigazione, 
Regio Decreto 30 marzo 1982, n. 327. 
LUXEMBOURG 
Port de Mertert set up and operating pursuant to Loi du 22 juillet 1963 relative a t'amenagement et a 
I'exploitation d'un port fluvial sur la Moselle. 
NETHERLANDS 
Havenbedrijven, set up and operating pursuant to the Gemeentewet van 29 juni 1851. 
Havenschap Vlissingen, set up by the wet van 10 September 1979 inzake de gemeenschappelijke regeling tot 
oprichting van het Havenschap Vlissingen. 
Havenschap Terneuzen, set up by the wet van 8 april 1970 inzake de gemeenschappelijke regeling tot oprichting 
van het Havenschap Terneuzen. 
Havenschap Delfzijl, set up by the wet van 31 juli 1957 inzake de gemeenschappelijke regeling tot oprichting van 
het Havenschap Delfzijl. 
Haven- en Industrieschap Moerdijk, set up by the gemeenschappelijke regeling tot oprichting van het Haven- en 
Industrieschap Moerdijk van 23 oktober 1970, approved by Koninklijk Besluit nr. 23 van 4 maart 1972. 
PORTUGAL 
Porto de Lisboa set up pursuant to the Decreto Real de 18 de Fevereiro de 1907 and operating pursuant to 
Decreto-Lei 36976 de 20 de Julho de 1948. 
Porto do Douro e Leixoes set up pursuant to Decreto-Lei 36977 de 20 de Julho de 1948. 
Porto de Sines set up pursuant to Decreto-Lei 508/77 de 14 de Dezembro de 1977. 
Portos de Setubal, Aveiro, Figueira da Foz, Viana do Castelo, Portimao e Faro operating pursuant to Decreto-
Lei 37754 de 18 de Fevereiro de 1950. 
UNITED KINGDOM 
Harbour authorities within the meaning of section 57 of the Harbours Act 1964 providing port facilities to 
carriers by sea or inland water way. 
No C 319/30 Official Journal of the European Communities 12. 12. 88 
ANNEX X 
LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN THE GENERAL INDUSTRIAL 
CLASSIFICATION OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES 
Classes 
50 Groups 
500 
501 
502 
503 
504 Subgroups 
SL 
500.1 
500.2 
501.1 
501.2 
501.3 
501.4 
501.5 
501.6 
501.7 
502.1 
502.2 
502.3 
502.4 
502.5 
502.6 
502.7 
503.1 
503.2 
503.3 
503.4 
503.5 
503.6 
504.1 
504.2 
504.3 
504.4 
504.5 
504.6 Description 
BUILDING AND CIVIL ENGINEERING 
General building and civil engineering work (without any particular 
specification) and demolition work 
General building and civil engineering work (without any particular 
specification) 
Demolition work 
Construction of flats, office blocks, hospitals and other buildings, both 
residential and non-residential 
General building contractors 
Roofings 
Construction of chimneys, kilns and furnaces 
Water-proofing and damp-proofing 
Restoration and maintenance of outside walls (repointing, cleaning, 
etc.) 
Erection and dismantlement of scaffolding 
Other specialized activities relating to construction work (including 
carpentry) 
Civil engineering: construction of roads, bridges, railways, etc. 
General civil engineering work 
Earth-moving (navvying) 
Construction of bridges, tunnels and shafts; drillings 
Hydraulic engineering (rivers, canals, harbours, flows, lochs and 
dams) 
Road-building (including specialized construction of airports and 
runways) 
Specialized constrution work relating to water (i.e. to irrigation land 
drainage, water supply, sewage disposal, sewerage, etc.) 
Specialized activities in other areas of civil engineering 
Installation (fittings and fixtures) 
General installation work 
Gas fitting and plumbing, and the installation of sanitary equipment 
Installation of heating and ventilating apparatus (central heating, air-
conditioning, ventilation) 
Sound and heat insulation; insulation against vibration 
Electrical fittings 
Installation of aerials, lightning conductors telephones, etc. 
Building completion work 
General building completion work 
Plastering 
Joinery, primarily engaged in the after assembly and/or installation 
(including the laying of parquet flooring) 
Painting, glazing and paper-hanging 
Tiling and otherwise covering floors and walls 
Other building completion work (putting in fireplaces, etc.) 
12. 12. 88 Official Journal of the European Communities No C 319/31 
ANNEX XI 
MODEL NOTICE OF CONCESSION CONTRACTS IN THE WATER SECTOR 
1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity: 
2. The subject of the concession, nature and characteristics of the services to be provided: 
3. (a) Final date for receipt of candidatures: 
(b) The address to which they must be sent: 
(c) The language or languages in which they must be drawn up: 
4. Information concerning the candidate's own position and economic and technical standards required of 
him: 
5. The criteria for the award of the contract: 
6. Other information: 
7. Date of dispatch of the notice: 
8. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
ANNEX XU 
A. OPEN PROCEDURES 
1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity: 
2. For supply contracts: form of contract for which offers are invited: 
3. (a) Place of delivery, or site: 
(b) Nature and quantity of the goods to be supplied: 
or 
The nature and extent of the services to be provided and general nature of the work: 
(c) Indication of whether the suppliers can tender for some and/or all of the goods required: 
or, for works contracts: 
If the work or the contract is subdivided into several lots, the order of size of the different lots and the 
possibility of tendering for one, for several or for all of the lots: 
(d) Authorization to submit variants: 
(e) For works contracts: information concerning the purpose of the work or the contract where the latter 
also involves the drawing up of projects: 
4. Derogation from the use of European standards, common technical specifications or European technical 
approvals, in accordance with Article 9: 
5. Time limit for delivery or completion: 
6. (a) Name and address of the service from which the contract documents and additional documents may be 
requested: 
(b) (Where applicable) the amount and terms of payment of the sum to be paid to obtain such documents: 
7. (a) The final date for receipt of tenders: 
(b) The address to which they must be sent: 
(c) The language or languages in which they must be drawn up: 
No C 319/32 Official Journal of the European Communities 12. 12. 88 
8. (a) The persons authorized to be present at the opening of tenders: 
(b) The date, hour and place of such opening: 
9. (Where applicable) any deposits and guarantees required: 
10. Main terms concerning financing and payment and/or references to the provisions in which these are 
contained: 
11. (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the 
contract is awarded: 
12. Economic and technical standards required of the supplier or contractor to whom the contract is awarded: 
13. Period during which the tenderer is bound to keep open his tender: 
14. The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned 
where they do not appear in the contract documents: 
15. Other information: 
16. (Where applicable) date of publication of the periodic information notice in the Official Journal of the 
European Communities to which this contract refers: 
17. Date of dispatch of the notice: 
18. Date of receipt of the notice by the Office of Official Publications of the European Communities: 
B. RESTRICTED PROCEDURES 
1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity: 
2. For supply contracts: form of contract for which offers are invited: 
3. (Where applicable) justification for the use of the accelerated procedure according to Article 17 (4): 
(a) Place of delivery, or site : 
(b) Nature and quantity of the goods to be supplied: 
or 
The nature and extent of the services to be provided and general nature of the work: 
(c) Indication of whether the suppliers can tender for some and/or all of the goods required: 
or, for works contracts: 
If the work or the contract is subdivided into several lots, the order of size of the different lots and the 
possibility of tendering for one, for several or for all of the lots: 
(d) Authorization to submit variants: 
(e) For works contracts: information concerning the purpose of the work or the contract where the latter 
also involves the drawing up of projects: 
5. Derogation from the use of European standards, common technical specifications or European technical 
approvals, in accordance with Article 9: 
6. Time limit for delivery or completion: 
7. (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the 
contract is awarded: 
8. (a) The final date for receipt of requests to participate: 
(b) The address to which they must be sent: 
(c) The language or languages in which they must be drawn up: 
9. The final date for dispatch of invitations to tender: 
10. (Where applicable) any deposits and guarantees required: 
11. Main terms concerning financing and payment and/or the provisions laid down by law or regulation in 
which these are contained: 
12. 12. 88 Official Journal of the European Communities No C 319/33 
12. Information concerning the supplier's or contractor's position and economic and technical standards 
required of him: 
13. The criteria for the award of the contract where they are not mentioned in the invitation to tender: 
14. Other information: 
15. (Where applicable) date of publication of the periodic information notice in the Official Journal of the 
European Communities to which this contract refers: 
16. Date of dispatch of the notice: 
17. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
C. NEGOTIATED PROCEDURES 
1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity: 
2. For supply contracts: form of contract for which offers are invited: 
3. (a) Place of delivery, or site: 
(b) Nature and quantity of the goods to be supplied: 
or 
The nature and extent of the services to be provided and general nature of the work: 
(c) Indication of whether the suppliers can tender for some and/or all of the goods required: 
or, for works contracts: 
If the work or the contract is subdivided into several lots, the order of size of the different lots and the 
possibility of tendering for one, for several or for all of the lots: 
(d) For works contracts: information concerning the purpose of the work or the contract where the latter 
also involves the drawing up of projects: 
4. Derogation from the use of European standards, common technical specifications or European technical 
approvals, in accordance with Article 9: 
5. Time limit for delivery or completion: 
6. (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the 
contract is awarded: 
7. (a) Final date for receipt of tenders: 
(b) The address to which they must be sent: 
(c) The language or languages in which they must be drawn up: 
8. (Where applicable) any deposits and guarantees required: 
9. Main terms concerning financing and payment and/or the provisions laid down by law or regulation in 
which these are contained: 
10. Information concerning the supplier's or contractor's position and economic and technical standards 
required of him: 
11. (Where applicable) the names and addresses of suppliers or contractors already selected by the contracting 
entity: 
12. (Where applicable) date(s) of previous publication in the Official Journal of the European Communities: 
13. Other information: 
14. (Where applicable) date of publication of the periodic information notice in the Official Journal of the 
European Communities to which this contract refers: 
15. Date of dispatch of the notice: 
No C 319/34 Official Journal of the European Communities 12. 12. 88 
16. Date of receipt of the notice by the Office of Official Publications of the European Communities: 
ANNEX X1U 
NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM 
1. Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity: 
2. Purpose of the qualification system: 
3. Address where the rules concerning the qualification system can be obtained (if different from the address 
mentioned under 1 above): 
4. Where applicable, duration of the qualification system: 
ANNEX XIV 
PERIODIC INFORMATION NOTICE 
A. For supply contracts 
1. Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting 
entity or the service from which additional information may be obtained: 
2. Nature and quantity or value of the products to be supplied: 
3. (a) Estimated date of the commencement of the procedures of the award of the contract(s) (if known): 
(b) Type of award procedure to be used: 
4. Other information: 
5. Date of dispatch of the notice: 
6. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
B. For works contracts 
1. The name, address, telegraphic address, telephone, telex and telecopier number of the contracting 
entity: 
(a) The site: 
(b) The nature and extent of the services to be provided, the main characteristics of the work or of the 
lots by reference to the work: 
(c) An estimate of the cost of the services to be provided: 
3. (a) Type of award procedure to be used: 
(b) The date scheduled for initiating the award procedures in respect of the contract or contracts: 
(c) The date scheduled for the start of the work: 
(d) Planned timetable for completion of the work: 
4. Terms of financing of the work and of price revision: 
5. Other information: 
6. Date of dispatch of the notice: 
12. 12. 88 Official Journal of the European Communities No C 319/35 
7. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
ANNEX XV 
NOTICE ON CONTRACTS AWARDED 
1. Name and address of contracting entity: 
2. Award procedure: 
3. Date of award of contract: 
4. Criteria for award of contract: 
5. Number of offers received: 
6. Name and address of successful supplier(s) or contractor(s): 
7. Nature and quantity of goods supplied, where applicable, by supplier: 
or 
The nature and extent of the services provided, general characteristics of the finished structure: 
8. Price or range of prices (minimum/maximum) paid: 
9. Other information: 
10. Date of publication of the tender notice in the Official Journal of the European Communities: 
11. Date of dispatch of the notice: 
12. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
Recommendation for a Council Decision on the conclusion of a Supplementary Protocol to the 
Agreement establishing an association between the European Economic Community and the 
Republic of Malta 
COM(88) 581 final 
(Submitted by the Commission on 20 October 1988) 
(88/C 319/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 238 
thereof, Having regard to the opinion of the European Parliament, 
Whereas it is necessary to approve a Supplementary 
Protocol to the Agreement establishing an association 
between the European Economic Community and the 
Republic of Malta, and adapting certain provisions of the 
Agreement signed at La Valetta 5 December 1970 (*), 
Having regard to the recommendation from the Commis­
sion, 0) O] No L 61, 14. 3. 1971, p. 1.