«;, v COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91)322 final - SYN 293 
Brussels, 30 August 1991 
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Si: SMB..,' 
Es*! Amended proposal for a 
COUNCIL DIRECT IVE 
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'Û$m:-relating to the coordination of procedures on the award 
of public service contracts 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
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Table of contents 
I. State of procedure p. 3 
I I. Comments on the major EP amendments not 
retained in the amended proposal p. 3 
III. The amended proposal .p. 4 
(a) Changes which do not alter the 
substance of the proposal 
(b) Definition of public service 
contracts 
(c) Concessions 
(d) Thresholds 
(e) Pr ior i ty and 
residual services 
(f) Contents of indicative notices 
(g) Nature of tenderers 
(natural or legal persons) 
(h) Abnormally low tenders 
(I) Preference schemes. 
(J) Statistical reports 
(k) Non-EC tenders 
AMENDED PROPOSAL 
Preamble p. 13 
Articles p. 17 
Annexes p. 44 

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I. STATE OF PROCEDURE 
1. In June 1990, the Commission presented its initial proposal for 
this Directive d). 
2. The Economic and Social Committee adopted its opinion on 29 May 
1991<2>. 
3. On 15 May 1991, Parliament adopted its opinion on the proposal, 
Including a number of amendments^3). The majority of 
Parliament's amendments aim at clarifying the proposal, inter 
alia as regards its scope, as well as simplifying certain 
provisions of the Directive. Parliament's amendments also 
concern a number of Important issues such as exclusions of 
contracts for certain services and the coverage of others; 
thresholds; concessions; variants; the nature of bidders 
(natural or legal persons); statistics; or the treatment of non-
EC tenders, 
4. The Commission has accepted the majority of Parliament's 
amendments, in particular those that aim at a higher degree of 
clarity and simplicity, although in certain cases modifying 
them as appropriate In the context of the Directive. In 
particular as regards the provisions on concessions, further 
changes were necessary in the Interests of clarity. 
I I. Comments on Parliament's amendments not retained In the amended 
proposal 
5. As regards the indicative notices provided for in Article 16, 
the Commission Is of the opinion that more flexibility is needed 
than Parliament's amendment would allow. Experience with the 
corresponding requirements under the other Directives suggests 
(1) 0J. No. C 23, 31.1.1991 
(2) 0J. No. C 
(3) OJ. No. C 
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that contracting authorities should be allowed to choose the 
descriptive headings which correspond to their own practice and 
that an exhaustive listing would not be helpful. However, the 
Commission will continue to reflect on this proposal in the 
light of experience being gained with the Supplies and Public 
Works Direct Ives. 
6. As regards the provision on abnormally low offers the Commission 
considers that this should be aligned on the provisions of the 
other Directives which relate to public authorities, notably the 
Public Works Directive (71/305/EEC)<4), and not on that of the 
"Utilities Directive" (90/531/EEC)(5) which relates to 
dlfferent entItles. 
7. The Commission has not retained a number of amendments which 
were adopted by Parliament and which seek to ensure a closer 
supervision of the respect by bidders of their obligations 
under social and environmental legislation. In the Commission's 
view the supervision of such obligations is better carried out 
in the context of the relevant social or environmental 
legislation. To use EC procurement rules for this purpose 
would reduce their effectiveness In meeting their principal goal 
of ensuring the non-discriminatory award of public contracts. 
III. THE AMENDED PROPOSAL 
8. Changes compared to the initial proposal are underlined. The 
following explanations take the Articles in their order. 
(a) Changes which do not alter the substance of the proposal 
9. Following the opinion of the Parliament, the Commission, In its 
amended proposal, has replaced the term "supplier" by "service 
provider". It has also, at a number of places, inserted 
(4) OJ. No. L 185, 16.8.1971 
(5) OJ. No. L 297, 29.10.1990 
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texts where previously there had been a cross reference to a 
text In the Public Works Directive. This applies to Art 1(b) 
(contracting authorities); Art 8(8) (calculation of thresholds); 
Art 20 (variants); Art 31 (lists of recognized suppliers). While 
constituting no change of substance, the Commission accepts the 
Parliament's view that this will assist understanding by making 
the text more readable. It further has introduced minor changes 
In the Articles 1, 2, 13, 14, 15, 18, 19, 22, 26, 27, 29, 30, 
33, 39, 40, and In Annexes IA, IB, 1MB, C, D, E. It had to 
renumber the Articles because of the deletion of Articles as 
a consequence of explained modifications. 
(b) Definition of public service contracts 
10. The provisions of Article 1(a) have been changed in two 
respects: 
the text alms to make it clear that contracts for 
financial services are covered by the Directive, 
Irrespective of the fact that they may be awarded in 
connection with contracts In connection with land, 
buildings, or immovable, property (subparagraph (ii)), 
which are themselves excluded; 
the exclusion of contracts awarded by the "utilities", 
which was included in the initial proposal as Article 6, 
has been inserted in Article 1(a) (viii). 
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(c) Concessions 
11. The amended proposal brings together all the provisions relating 
to the award of public service concessions In 
Article 1(h) (definition), and 
Article 4 (award of concessions; rules applicable to the 
award of contracts by concessionaires). 
12. The definition in Article 1(h) aims to distinguish, in the field 
of concessions which are intended to ensure that a service is 
made available to the public, between "public service 
concessions" which are covered In Article 4 of this Directive 
and "public works concessions", which are covered by the 
provisions of the Public Works Directive. The principle Is that 
any concession which includes provision for works to be carried 
out should be considered to be a public works concession. All 
others should be public services concessions. 
13. Article 4 provides the conditions under which public service 
concessions should be awarded (paragraph 1 and 2); the 
conditions under which a concessionaire which Is a public 
authority should award its own contracts (paragraph 3); and the 
conditions under which their concessionaires should award their 
own contracts (paragraph 4). 
14. The principle which is applied to the award of public service 
concessions is one of publicity where the turnover Involved Is 
ECU 200.000 or more per year. This provision, which is the same, 
apart from the threshold, as that applied to the award of public 
works concessions In the Public Works Directive, ensures that 
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Interested service providers will be made aware that a 
concession is being awarded. However, It also, implicitly, 
recognizes the differences between concessions and public 
service contracts. 
15. A public service concession concerns the provision of a service 
to the public, while a public service contract Involves the 
provision of a service to the public authority. A concessionaire 
accepts the financial risk In providing a public service, in 
return for the chance of profit while a contractor seeks his 
profit in the more limited context of the price for delivering 
of a particular service. 
16. For this reason, the award of public service concessions (like 
public works concessions under the Public Works Directive) is 
not subject to the detailed requirements which are considered 
appropriate for public service contracts. The rules of the 
Treaty do, of cause, apply. Nevertheless, in parallel with the 
Public Works Directive, provision Is made for contracting 
authorities to Impose, should they so wish, certain requirements 
concerning the extent to which concessionaires award contracts 
to third part les. 
17. Public authorities which are concessionaires do not, thereby, 
escape from their obligations under the Directives on the award 
of public supply contracts, public works contracts or public 
service contracts. 
In order to ensure that the use of concessions does not limit 
the scope for the development of the Internal market 
concessionaires which are not public authorities or which are 
not covered by the Utilities Directive are to be required to 
publicize their supplies, works and services contracts. This 
(2) 
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requirement Is, however, set aside when the conditions for award 
without publicity laid down in the relevant Directives apply 
and when the contract Is awarded to an undertaking which is a 
member of the group to which the concession has been awarded, or 
to one of Its affiliates. 
18. In presenting the provisions relating to the award of public 
service concessions in this way, the Commission has followed the 
substance of the relevant amendments of the European Parliament. 
It has, however, gone somewhat further in bringing together all 
the texts relating to concessions. In this way It has sought to 
meet the Parliament's desire for the clearest possible text. 
(d) Thresholds 
19. The Commission also follows Parliament on the provisions of 
Article 8. This article should be considered also in the light 
of Article 2, which provides for a distinction on the basis of 
majority content between supplies contracts and services 
contracts. Contracts In practice often contain a mixture of 
supplies and services. Further, the distinction between many 
supplies (for example In cases of rental) and services can be 
rather fine. For this reason, and in order to avoid creating a 
potential source of conflict as to the correct classification of 
contracts, It Is proposed to apply the same threshold to service 
contracts as to supplies contracts awarded by the same entity. 
To this effect, the threshold is ECU 200.000 except for those 
authorities which are subject to the GATT Government Procurement 
Agreement, for which the threshold Is ECU 130.000 . Special 
thresholds for particular types of services, as the discussions 
in Parliament have shown, risk creating uncertainties and 
disputes. Given that the way in which service providers are 
remunerated may vary, additional provisions are made relating to 
calculation of the contract value. 
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(e) Priority and residual services 
20. The amended proposal maintains the concept of two-tier-
application of the Directive, as laid down In Articles 9 to 11. 
However, following the Parliament's opinion and In the light of 
discussion with the sectors concerned, all types of financial 
services covered by the Directive are now listed In category 6 
of Annex IA including those which were previously listed in 
category 21 of Annex IB. 
(f) Contents of Indicative notices 
21. Article 16 has been amended In consequence of the modification 
to Article 8 (thresholds). Contracting authorities have to 
publish the Intended total procurement in each of the service 
categories listed in Annex IA which they envisage awarding 
during the next twelve months where the estimated value reaches 
ECU 750.000. 
(g) The nature of tenderers (natural or legal persons) 
22. In accordance with the amendment of the European Parliament, the 
Commission has amended and rearranged its proposal on the nature 
of tenderers with a view to its clarification (Article 22). 
23. In certain service sectors national regulations prohibit the 
establishment of service operators as legal persons, only allow 
particular forms of legal persons, or require the owners to be 
members of a particular profession. Such requirements, which are 
of general application, could constitute a major obstacle to the 
liberalization of public procurement of services, for example If 
contracting authorities could reject tenderers from other Member 
States for the sole reason that they are legal persons. 
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24. The European Court of Justice has repeatedly stated, notably in 
its Judgement of 17. December 1981 (Webb))<6>, that the 
provisions of the Treaty on the freedom to provide services 
Imply that the rules of the country where the service Is 
provided can only be applied to the provision of services 
across frontiers Insofar as they are Justified In the public 
Interest, and the subject matter Is not covered by equivalent 
rules In the country of establishment. Further, the rules of the 
country where the service Is performed may only be applied to 
cross frontier service activities Insofar as they are 
proportionate, necessary and appropriate to solve the subject 
matter. 
25. In order to Implement these principles for public procurement of 
services, the proposal contains two provisions: 
In accordance with the principle of home-country 
regulation, status as a natural or a legal person is not, 
of itself, to be a ground for rejection of a bidders; 
the contracting authority is, however, permitted to 
establish the names and qualifications of those who will 
work on a project. 
(h) Abnormally low tenders 
26. In accordance with the general approach of the Parliament, the 
Commission has aligned Its provision on abnormally low offers as 
far as possible on the Public Works Direct Ive. 
(6) Case 279/80, Webb, [1981] ECR 3304. 
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( I ) Preference schemes 
27. The modified proposal no longer contains provisions covering 
preferential award criteria (Arts 33(3) and 35 of the initial 
proposal). These deletions are in line with Parliament's 
amendments, recent decisions of the European Court of 
Justice^7) and the Commission's views regarding the 
compatibility of preference systems with Article 30 of the 
Treaty. Further, It Is now clear that the directive will not 
enter with force before 31 December 1992, the date on which the 
provisions of Art 35 would have ceased to apply. 
(J) Statistical reports 
28. Pursuing the objectives of the European Parliament, the amended 
proposal aligns the provisions of Article 35 on those of the 
Public Works Directive In order to provide a coherent set of 
rules for all types of contracts. 
(k) Non-EC tenders 
29. The provisions of the Directive regarding third countries 
provide for a combination of erga omnes opening of contracts 
with a problem-solving mechanism to deal with any trade 
problems that may arise. 
Thus Article 37 provides, In its paragraphs 1 and 2, for the 
exchange of information between Member States, Commission and 
Council regarding relations with third countries in the field 
of public service contracts. 
(7) Case 21/88, Du Pont de Nemours, Judgement of 20.3.1990, not yet 
reported in ECR. 
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Paragraph 3 provides for the Commission to seek to resolve, by 
negotiation, situations where Community undertakings do not 
receive effective access, national treatment or most favoured 
natIon status. 
Paragraph 4 provides for corrective measures to be taken, as 
rapidly as may be necessary, where one of the problems referred 
to In paragraph 3 arises. 
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Amended Proposal for a 
COUNCIL DIRECTIVE 
relating to the coordination of procedures 
on the award of public service contracts 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 57(2), 66, 100a and 113 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Par Iiament^1), 
Having regard to the opinion of the Economic and Social Committee^2), 
Whereas the European Council has concluded In successive meetings on the 
need to complete the internal market; 
Whereas measures aimed at progressively establishing the Internal market 
during the period up to 31 December 1992 need to be taken; whereas the 
internal market is an area without Internal frontiers in which the free 
movement of goods, persons, services and capital Is ensured; 
Whereas these objectives require the coordination of the procurement 
procedures on thé award of public service contracts; 
Whereas the White Paper on the completion of the internal market contains 
an action programme and a timetable for opening up public procurement 
markets, including in the field of services Insofar as this Is not already 
covered by Council Directive 71/305/EEC of 26 July 1971 concerning the 
coordination of procedures for the award of public works contracts^), as 
last amended by Directive 90/531/EEC(4>, and Council Directive 77/62/EEC 
of 21 December 1986 coordinating procedures for the award of public supply 
contracts(5), as last amended by Directive 88/295/EEC(6); 
Whereas this Directive should be applied by all contracting authorities in 
the sense of the aforementioned Directives; 
Whereas service providers may be natural or legal persons, without 
prejudice to the national rules of their country of establishment that are 
compatible with the Treaty; 
(1) OJ No c 
(2) OJ No c 
(3) OJ No L 185, 16.08.1971. p. 5 
(4) OJ No L 297, 29.10.1990. p. 1 
(5) OJ No L 13. 15.1.1977, p. 1 
(6) OJ No L 127, 20.5.1988. p. \ 
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Whereas the field of services is best described, for the purpose of 
application of procurement rules, and for monitoring purposes, by 
subdividing It Into categories corresponding to particular positions of the 
Central Product Classification (CPC); 
Whereas the provision of services Is covered by this Directive only Insofar 
as it is based on contracts; whereas the provision of services on other 
bases, such as law or regulations, or employment contracts, is not covered; 
Whereas as far as research and development (R&D) is concerned, this 
Directive only covers R&D services whose results accrue exclusively to the 
contracting authority; 
Whereas, in order to ensure coherent award procedures, public service 
concessions should be covered by this Directive; 
Whereas contracts relating to the acquisition or rental of Immovable 
property have particular characteristics, which make the application of 
procurement rules inappropriate; 
Whereas the award of contracts for certain audio-visual services in the 
broadcasting field is governed by considerations which make the 
application of procurement rules Inappropriate; 
Whereas arbitration and conciliation services are usually provided by 
bodies or individuals which are agreed on, or selected, in a manner which 
cannot be governed by procurement rules; 
Whereas the financial services sector includes activities in connection 
with the application of Instruments of monetary policy; the particular 
characteristics of this area require their exclusion from this Directive; 
Whereas In the field of services the same derogations as In the 
aforementioned Directives should apply, as regards State security or 
secrecy and the priority of other procurement rules such as those pursuant 
to international agreements, the stationing of troops, or the rules of 
international organisations; 
Whereas this Directive does not prejudice the application of, in 
particular, Articles 55, 56 and 66 of the Treaty; 
Whereas the rules concerning service contracts as contained In Council 
Directive 90/531/EEC of 17 September 1990 on the procurement procedures of 
entities operating In the water, energy, transport and telecommunications 
sectors should remain unaffected by this Directive; 
Whereas contracts with a designated single source of supply may under 
certain conditions be fully or partly exempted from this Directive; 
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Whereas this Directive should not apply to small contracts below a certain 
threshold, in order to avoid unnecessary formalities; whereas the 
threshold may in principle be the same as that for public supply contracts; 
whereas the calculation of contract value, the publication and the method 
of adaptation of the thresholds should be the same as in the other 
Community procurement directives; 
Whereas, to eliminate practices that restrict competition In general and 
participation in contracts by other Member States' nationals in particular, 
it is necessary to improve the access of service providers to procedures 
for the award of contracts; 
Whereas full application of the Directive must be limited, for a 
transitional period, to contracts for those services where Its provisions 
will enable the full potential for increased cross-frontier trade to be 
realised; whereas contracts for other services need to be monitored for a 
certain period before taking a decision on the full application of the 
Directive; whereas the mechanism for such monitoring needs to be set up by 
the Directive; whereas it should at the same time enable those interested 
to share the relevant information; 
Whereas the rules for the award of public service contracts should be as 
close as possible to those concerning public supply contracts and public 
works contracts; 
Whereas the procurement rules contained in Directives 71/305/EEC and 
77/62/EEC can be applied, with necessary adaptations so as to take into 
account special aspects of procurement of services such as the choice of 
the negotiated procedure, design contests, variants, the legal form under 
which the service providers operate, the reservation of certain activities 
to certain professions, registration and quality assurance matters; 
Whereas use may be made of the negotiated procedure with prior publication 
of a notice when the service to be provided cannot be specified with 
sufficient precision, particularly In the field of Intellectual services, 
with the result that the contract cannot be awarded by selection of the 
best tender in accordance with the rules governing the open and restricted 
procedures; 
Whereas the relevant Community rules on mutual recognition of diplomas, 
certificates or other evidence of formal qualifications apply when evidence 
of a particular qualification is required for participation in an award 
procedure or a design contest; 
Whereas the objectives of this Directive do not require any changes in the 
current state at national level, as regards the admission, or regulation, 
of price competition between service providers of certain services; 
Whereas contracting authorities must be able to reject tenders which, 
because they are based on State aids, are unreliable; whereas tenders 
(3) 
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which are submitted by public bodies may create the risk of distortions 
of competition when they are influenced by the availability of public 
financing; whereas contracting authorities shall, under particular 
conditions, inform the Commission of their attitude towards such tenders; 
whereas this Directive does not prejudice the application of Articles 92 et 
seq. of the Treaty; 
Whereas Community undertakings should be granted access to the award of 
public service contracts and concessions In non-Community countries; 
whereas negotiations may be Initiated to that effect when such access, in 
law or in fact, is found to be restricted; whereas the possibility should 
exist under certain conditions to take measures as regards access,by 
untertakings originating In the non-Community country concerned, to public 
service contracts and concessions awarded by the contracting authorities 
who are subject to this Directive; 
Whereas the operation of this Directive should be reviewed at the latest 
three years after the date for compliance of national procurement rules; 
whereas the review should extend In particular to the possibility of making 
the Direct Ive fully applicable to a wider range of service contracts; 
HAS ADOPTED THIS DIRECTIVE: 
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TITLE 1 
General provisions 
Article 1 
For the purpose of this Directive: 
(a) "public service contracts" are contracts for pecuniary interest 
concluded in writing between a service provider and a contracting 
authority, which are not 
(i) public supply contracts within the meaning of Article 1(a) of 
Directive 77/62/EEC or public works contracts within the 
meaning of Article 1(a) of Directive 71/305/EEC; 
(ii) contracts for the acquis it Ion or rental, by whatever 
financial means, of land, existing buildings, or other 
immovable property or concerning rights thereon-, 
nevertheless, financial service contracts (leasing, loans, 
leasing or hire purchase contracts, with or without option to 
buy) concluded at the same time as, before or after, the 
contract of acquisition or rental, In whatever form, shall be 
subject to this Directive-, 
(Mi) contracts for the acquisition of programme material by 
broadcasters within the meaning of Council Directive 
89/552/EEC (7), and contracts for broadcasting time; 
(iv) contracts for voice telephony, telex, radiotelephony, paging 
and satellite services; 
(v) contracts for arbitration and conciliation services; 
(vi) public service concessions in the sense of point (h); 
(vii) contracts concerning primary issues of government bonds and 
other activities In the area of public debt management; 
(vill) contracts awarded by contracting entities within the 
meaning of Article 2(1) of Directive 90/531/EEC which 
correspond at the same time to the definition of contracting 
authorities pursuant to article Kb) of this Directive; 
(b) "contracting authorities" (hereafter "authorities") shall be the 
State, regional or local authorities, bodies governed by public law, 
associations formed by one or several of such authorities or bodies 
governed by public law and all other bodies listed In Annex I to 
Directive 80/767/EEC. 
A body governed by public law means any body: 
- established for the specific purpose of meeting needs in the 
general Interest, not having an Industrial or commercial character, 
and 
(7) 0J No L 298. 17.10.1989. p. 23 
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- having legal personality, and 
- financed, for the most part, by the State, or regional or local 
authorities, or other bodies governed by the public law; or 
subject to management supervision by those bodies; or having an 
administrative, managerial or supervisory board, more than half 
of whose members are appointed by the State, regional or local 
authorities or by other bodies governed by public law. 
The lists of bodies or of categories of such bodies governed by public law 
which fulfil the criteria referred to In the second subparagraph are set 
out In Annex I to Directive 71/305/EEC. 
(c) "Service providers" are natural or legal persons, Including public 
bodies which offer services. A service provider 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"; 
(d) "open procedures" are those national procedures whereby all Interested 
service providers may submit a tender; 
(e) "restricted procedures" are those national procedures whereby only 
those service providers invited by the authority may submit a tender-, 
(f) "negotiated procedures" are those national procedures whereby 
authorities consult service providers of their choice and negotiate 
the terms of the contract with one or more of them; 
(g) "design contests" are those national procedures which aim at providing 
the authority with a plan or design, mainly in the fields of area 
planning, town planning, architecture and civil engineering, or data 
processing, and which are selected by a jury on the basis of 
competition with or without the award of prizes; 
(h) a "public service concession" is a contract other than a public works 
concession within the meaning of Article 1(d) of Directive 
71/305/EEC, concluded between an authority and another entity of Its 
choice whereby the former transfers the execution of a service to the 
public lying within its responsibility to the latter and the latter 
agrees to provide the activity in return for the right to exploit the 
service or this right together with payment, if the concession 
contract covers even partially either the Implementation or the joint 
Implementation and design of works in connection with one of the 
activities referred to In Annex II of Directive 71/305/EEC or the type 
of work defined in Article 1(c) of Directive 71/305/EEC or the 
carrying out, by whatever means, of work in accordance with precise 
specifications laid down by the contracting authority, only Directive 
71/305/EEC shall apply, even If the contract falls partly within the 
definition of a public service concession.Contracts for the award of 
rights to perform broadcasting activities are excluded from this 
defInition. 
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Article 2 
If a public contract is intended to cover both products within the meaning of 
Directive 77/62/EEC and services within the meaning of Annexes IA and IB of 
this Directive, it shall fall within the scope of this Directive If the value 
of the services In question exceeds that of the products covered by the 
contract. 
Article 3 
1. Member States shall take the necessary measures to ensure that 
authorities comply with this Directive when they award public service 
contracts or public service concessions, or hold design contests. 
2. Authorities shall ensure that there Is no discrimination between 
different service providers. 
3. Member States shall take the necessary measures to ensure that the 
authorities comply or ensure compliance with this Directive where they 
subsidize directly by more than 50% service contracts awarded by an 
entity other than themselves in connection with works contracts to 
which Article 1a(2) of Directive 71/305/EEC relates. 
Article 4 
1. Where the authorities Intend to award a public service concession, the 
advertising rules set out In Article 16(3), Article 17 (1) and (2) and 
Article 18 shall apply when the value of the concession, defined as the 
concessionaire's turnover In carrying out the contract, equals or 
exceeds ECU 200.000 a year, excluding VAT. 
2. Where authorities intend to award a concession, they may 
- either require the concessionaire to award contracts representing a 
minimum of 30% of the total value of the services for which the 
concession is to be awarded, to third parties, at the same time 
providing the option for candidates to Increase this percentage. This 
minimum percentage shall be specified In the concession contract, 
- or request the candidates for a concession to specify in their 
tenders the percentage, if any, of the total value of the concession 
which they intend to assign to third parties. 
3. When a concessionaire is an authority within the meaning of 
Article Kb), it shall comply, inc the award of contracts to third 
parties, with the provisions of: 
- this Directive in the case of service contracts; 
- Directive 77/62/EEC In the case of supply contracts; 
- Directive 71/305/EEC In the case of works contracts. 
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4. When a concessionaire Is not an authority within the meaning of 
Article Kb), or a contracting entity within tfie meaning of Article 2 
of Directive 90/531/EEC, Member States shall take the necessary steps 
to ensure that It shall comply, In the award of contracts to third 
parties, with the provisions of: 
- the advertising rules as set out in Articles 17, 18 and 19 of this 
DirectIve In the case of service contracts listed in Annex IA, when 
the value of the contract exceeds the thresholds fixed In Article 
8(1), and unless the conditions of Article 12(3) apply; 
- the advertising rules as set out In Articles 9 to 16 of Directive 
77/62/EEC In the case of supply contracts, when the value of the 
contract exceeds the thresholds fixed in Article 5(1) (a) and 
unless the conditions of Article 6(4) of that Directive apply; 
- the advertising rules as set out in Articles 12 to 19 of 
Directives 71/305/EEC In the case of works contracts, when the 
value of the contract exceeds the thresholds fixed In Article 4a 
and unless the conditions of Article 5(3) of that Directive apply. 
Undertakings which have formed a group in order to obtain the 
concession, or undertakings affiliated to them, shall not be regarded 
as third parties within the meaning of paragraph 4 under the 
conditions specified in Article 1b(4) of Directive 71/305/EEC. 
Article 5 
1. This Directive shall apply to service contracts awarded by 
authorities In the field of defence, except for contracts to which the 
provisions of Article 223 of the Treaty apply. 
2. This Directive shall not apply to services which are declared secret 
or the execution of which 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 6 
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 services 
intended for the joint implementation or exploitation of a project by 
the signatory States; every agreement shall be communicated to the 
Commission, which may consult the Advisory Committee for Public 
Contracts set up by Council Decision 71/306/EEC(8); 
(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 international organisation. 
(8) 0J No L 185, 16.8.1971. p. 15 
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Article 7 
The provisions of this Directive shall not apply to the award of public service 
contracts which authorities have to award to an entity which is Itself a 
contracting authority within the meaning of Article Kb) pursuant to an 
exclusive right established by a published law, regulation or administrative 
provision which is compatible with the Treaty. 
Article 8 
1. The provisions of this Directive shall apply to service contracts whose 
estimated value net of VAT Is not less than ECU 200.000 or, in the case 
of the contracting authorities Included In Annex I to Council 
Directive 80/767/EEClM), ECU 130.000. 
2. For the purposes of calculating the estimated value of the contract, the 
authority shall Include the estimated total remuneration of the service 
provider, taking account of the provisions of paragraphs 3 to 8. 
3. The selection of the valuation method shall not be used with the 
intention of avoiding the application of this Directive, nor shall any 
procurement requirement for a given amount of services be split up with 
the intention of avoiding the application of this Article. 
4. In assessing the estimated contract value for the following types of 
services account shall be taken of, where appropriate: 
- as regards Insurance services, the premium payable-, 
- as regards banking and other financial services, fees, commissions 
and Interests as well as other types of remuneration; 
- as regards contracts which Involve design, the fee or commission 
payable. 
Where the services are subdivided into several lots, each one the subject of a 
contract, the value of each lot must be taken into account for the purpose of 
calculating the amount referred to above. Where the value of the lots is not 
less than the amount referred to above, the provisions of this Directive shall 
apply to all lots. Authorities shall be permitted to depart from the provisions 
of paragraph 1 for lots which have an estimated value net of VAT of less than 
ECU 80.000, provided that the total estimated value of all the lots exempted 
does not, in consequence, exceed 20% of the total estimated value of all lots. 
5. In the case of contracts which do not specify a total price, the basis 
for calculating the estimated contract value shall be: 
in the case of fixed term contracts, the total contract value for its 
durât Ion; 
in the case of the 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. 
(9) 0J No L 215. 18.8.1980. p. 1 
- 22 -
6. In the case of regular 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 for the same 
categories of services awarded 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 performance or during the term of the contract, where this is 
greater than 12 months. 
7. In cases where a proposed contract specifies option clauses, the basis 
for calculating the contract value shall be the highest possible total 
inclusive of the option clauses. 
8. The value of the thresholds In national currencies shall be revised 
every two years with effect from 1 January 1994. The calculation of 
these values shall be based on the average dally 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. 
The method of calculation referred to In the preceding subparagraph 
shall be examined, on the Commission's Initiative, within the Advisory 
Committee for Public Contracts In principle two years after its 
initial applicat ion. 
- 23 -
TITLE 1 1 
Two-tier application 
Article 9 
Contracts which have as their object services listed In Annex IA shall be 
awarded in accordance with the provisions of Titles III to VI. 
Article 10 
Contracts which have as their object services listed in Annex IB shall be 
awarded in accordance with Articles 16 and 18. 
Article 11 
Contracts which have as their object services listed In both Annexes IA and IB 
shall be awarded in accordance with the provisions of Titles III to VI where 
the value of the services listed in Annex IA Is greater than the value of the 
services listed In Annex IB. Where this is not the case, they shall be awarded 
in accordance with Articles 16 and 18. 
TITLE III 
Choice of award procedures; and rules on design contests 
Article 12 
In awarding public service contracts the authorities shall apply the 
procedures defined In Article 1 (d), (e) and (f), adapted to this 
Direct ive. 
The authorities may award their public service contracts by negotiated 
procedure, with prior publication of a tender notice in the following 
cases: 
(a) in the event of irregular tenders in response to an open or 
restricted procedure or in the event of tenders which are 
unacceptable under national provisions that are in accordance with 
the provisions of Articles 19 to 24, Insofar as the original 
terms of the contract are not substantially altered. The authority 
need not publish a tender notice where it includes in such 
negotiated procedure all the tenderers satisfying the criteria of 
Articles 25 to 31 which, during the prior open or restricted 
procedure, have submitted tenders in accordance with the formal 
requirements of the tendering procedure; 
(b) in exceptional cases, when the nature of the services or the risks 
attaching thereto do not permit overall pricing-, 
(4) 
- 24 -
(c) when the nature of the services to be procured, in particular In 
the case of Intellectual services and services falling within 
category 6 of Annex IA, Is such that contract specifications 
cannot be established with sufficient precision to permit the 
award of the contract by selecting the best tender according to 
the rules governing open or restricted procedures. 
3. The authorities may award public service contracts by negotiated 
procedure without prior publication of a tender notice, in the 
fol lowing cases: 
(a) in the absence of tenders or of appropriate tenders in response 
to an open or restricted procedure Insofar as the original terms 
of the contract are not substantially altered and provided that 
a report is communicated to the Commission at its request; 
(b) when, for technical or artistic reasons, or for reasons 
connected with the protection of exclusive rights, the services 
may only be provided by a particular service provider. 
(c) when the contract concerned is part of the follow-up to a design 
contest and must, according to the relevant national rules, be 
awarded to one of the winners of that contest provided that al 1 
the winners are Included In the procedure; 
(d) Insofar as Is strictly necessary when, for reasons of extreme 
urgency brought about by events unforeseeable by the 
authorities In question, the time-limit for the open, restricted 
or negotiated procedures referred to in Article 18 cannot be 
kept. The circumstances Invoked to Justify extreme urgency must 
not in any event be attributable to the authorities; 
(e) for additional services 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 service described therein, on condition that 
the award is made to the service provider carrying out such 
service; 
- when such services cannot be technically or economically 
separated from the main contract without great inconvenience 
to the author it les; 
- or when such services, although separable from the execution 
of the original contract, are strictly necessary for Its 
later stages. 
However, the aggregate estimated value of contracts awarded for 
additional services may not exceed 50% of the amount of the main 
contract ; 
- 25 -
(f) for new services consisting of the repetition of similar 
services entrusted to the service provider to which the same 
authorities awarded an earlier contract, provided that such 
services conform to a basic project for which a first contract 
was awarded according to the procedures referred to In paragraph 
4. 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 services shall be taken Into 
consideration by the authorities when they apply the provisions 
of Article 8. This procedure may be applied solely during the 
three years following the conclusion of the original contract. 
4. In all other cases, the authorities shall award their public service 
contracts by the open procedure or by the restricted procedure. 
Article 13 
1. The authority shall, within 15 days of the date on which the request 
is received, Inform any eliminated candidate or tenderer who so 
requests in writing of the reasons for rejection of his application or 
his tender, and, In the case of a tender, the name of the successful 
tenderer. 
2. The authority shall inform candidates or tenderers who so request In 
writing of the grounds on which it decided not to award a contract In 
respect of which a prior call for competition was made, or to 
recommence the procedure. It shall also Inform the Office for 
Official Publications of the European Communities of that decision. 
3. For each contract awarded the authorities shall draw up a written 
report which shall Include at least the following: 
its name and address, the subject and value of the contract; 
- the names of the candidates or tenderers admitted and the reasons 
for their selection; 
- the names of the candidates or tenderers rejected and the reasons 
for their rejection-, 
- the name of the successful tenderer and the reasons for his tender 
having been selected and, if known, any share of the contract the 
successful tenderer may intend to subcontract to a third party; 
- for negotiated procedures, the circumstances referred to In Article 
12 which justify the use of these procedures. 
This report, or the main features of it, shall be communicated to the 
Commission at its request. 
26 -
Article 14 
Design contests shall be subject to the rules set out below. When 
design contests are held as a separate procedure, these rules are 
applicable only when the total amount of contest prizes and payments 
to participants is not less than ECU 200 000. 
The admission of participants to design contests shall not be limited 
by reference to the territory or part of the territory of a Member 
State. 
In the case of design contests with a limited number of participants, 
authorities shall apply the rules laid down in Article 23. 
The jury shall be composed only of persons who have no financial 
connections or special relationships with participants in the contest. 
Whenever a particular professional qualification is required from 
participants in a contest, the majority of the jury members shall have 
the same qualifications. 
The Jury shall be autonomous in Its decisions. It shall take its 
decisions based on projects presented In an anonymous way, and solely 
on the grounds of the criteria Indicated in the invitation for 
projects in the sense of Annex IV. 
Member States may oblige authorities to award subsequent contracts to 
one of the winners of a design contest. 
TITLE iV - Common rules In the technical field 
Article 15 
The technical specifications defined in Annex II shall be given in 
the general documents or the contractual documents relating to each 
contract. 
Without prejudice to the legally binding national technical rules and 
insofar as these are compatible with Community law, such technical 
specifications shall be defined by the authorities by reference to 
national standards implementing European standards or by reference to 
European technical approvals or by reference to common technical 
specif I cat Ions. 
An authority may depart from paragraph 2 if: 
a) the standards, European technical approvals or common technical 
specifications do not include any provisions for establishing 
conformity, or technical means do not exist for establishing 
satisfactorily the conformity of a product to these standards, 
European technical approvals or common technical specifications; 
- 27 -
b) the application of paragraph 2 would prejudice the application of 
Council Directive 86/361/EEC of 24 July 1986 on the initial stage 
of the mutual recognition of type approval for telecommunications 
terminal equipment^10), or Council Decision 87/95/EEC of 22 
December 1986 on standardisation In the field of Information 
technology and telecommunlcations^11 ) or other Community 
Instruments in specific service or product areas; 
c) use of these standards, European technical approvals or common 
technical specifications would oblige the authority to acquire 
products or materials incompatible with equipment already in use or 
would entail disproportionate costs or disproportionate technical 
difficulties, but only as part of a clearly defined and recorded 
strategy with a view to change-over, within a given period, to 
European standards, European technical approvals or common 
technical specifications; 
d) the project concerned Is of a genuinely innovative nature for which 
use of existing European standards, European technical approvals or 
common technical specifications would not be appropriate. 
4. Authorities invoking paragraph 3 shall record, wherever possible, the 
reasons for doing so in the tender notice published In the Official 
Journal of the European Communities or in the contract documents and 
in all cases shall record these reasons in their Internal 
documentation and shall supply such information on request to Member 
States and to the Commission. 
5. In the absence of European standards or European technical approvals 
or common technical specifications, the technical specifications: 
(a) shall be defined by reference to the national technical 
specifications recognised as complying with the basic 
requirements listed In the Community directives on technical 
harmonisation, In accordance with the procedures laid down In 
those directives, and In particular In accordance with the 
procedures laid down In Council Directive 89/106/EEC(12); 
(b) may be defined by reference to national technical specifications 
relating to design and method of calculation and execution of 
works and use of materials; 
(c) may be defined by reference to other documents. 
In this case, it Is appropriate to make reference in order of 
preference to: 
(I) national standards Implementing international standards 
accepted by the country of the authority-, 
(10) OJ No L 217. 5.8.1986. p. 21 
(11) OJ No L 36. 7.2.1987. p.31 
(12) OJ No L 40. 11.2.1989. p. 12 
- 28 -
(il) other national standards and national technical approvals 
of the country of the authority; 
(ill) any other standard. 
Unless it is Justified by the subject of the contract, Member States 
shall prohibit the introduction into the contractual clauses relating 
to a given contract of technical specifications which mention products 
of a specific make or source or of a particular process and which 
therefore favour or eliminate certain undertakings. In particular, 
the Indication of trade marks, patents, types, or of specific origin 
or production shall be prohibited. However, If such indication is 
accompanied by the words "or equivalent", it shall be authorised in 
cases where the authorities are unable to give a description of the 
subject of the contract using specifications which are sufficiently 
precise and intelligible to all parties concerned. 
- 29 -
TiTLE V 
Common Advertising rules 
Article 16 
1. Authorities shall make known, by means of an Indicative notice to be 
published as soon as possible after the beginning of their budgetary 
year, the Intended total procurement In each of the service categories 
listed In Annex IA which they envisage awarding during the coming 12 
months where the total estimated value, taking account of the 
provisions of Article 8, is equal to or greater than ECU 750 000. 
2. Authorities who wish to award a public service contract by open, 
restricted or, under the conditions laid down In Article 12, 
negotiated procedure, shall make known their intention by means of a 
not ice. 
3. Authorities who wish to award a public service concession shall make 
known their intention by means of a notice. 
4. Authorities who wish to carry out a design contest shall make known 
their intention by means of a notice. 
Article 17 
1. Authorities who have awarded a contract or a public service 
concession, or which have held a design contest shall send a notice 
of the results of the award procedure to the Office for Official 
Publication of the European Communities. 
2. In cases of public service contracts for services listed in Annex IA, 
public service concessions and design contests, the notice shall be 
published In accordance with the provisions referred to in Article 18. 
3. In the case of public service contracts for services listed In Annex 
IB, the authorities shall indicate In the notice whether they agree on 
Its publ(cat ion. 
4. The Commission shall draw up the rules for establishing regular 
reports on the basis of the notices referred to in paragraph 3, and 
for the publication of such reports in accordance with the procedure 
laid down in Article 36(3). 
5. Insofar as release of information on the contract award would Impede 
law enforcement or otherwise be contrary to the public interest or 
would prejudice the legitimate commercial Interests of a particular 
enterprise, public or private, or might prejudice fair competition 
between service providers, such Information may not be published. 
- 30 -
Article 18 
The notices shall be drawn up In accordance with the models set out In 
Annexes III, IV and V, and shall specify the Information requested In 
those models. The authorities may not require any conditions but 
those specified In Articles 27 and 28 when requesting information 
concerning the economic and technical standards which they require of 
service providers for their selection (Point 13 of Annex 1MB, point 
12 of Annex IMC, and point 11 of Annex III D). 
The following provisions of Directive 71/305/EEC shall apply: 
(I) Article 12(6) and (8) to (13) concerning publication of notices; 
(II) Articles 13 to 15 concerning minimum tlme-llmlts for the phases 
of award procedures and communications between authorities and 
candidates; 
(III) Articles 15a and 15b concerning minimum time-limits for the 
award of public service concessions and contracts to be awarded 
by concessionnaires; 
(iv) Article 19 concerning voluntary publication of notices in the 
Official Journal of the European Communities. 
The conditions for the establishment, transmission, reception, 
translation, accumulation and distribution of the notices referred to 
in paragraphs 1 and 2 and in Articles 16 and 17, and of the 
statistical reports provided for In Articles 17(4) and 35 and the 
reference in the notices to particular CPC positions within the 
categories of services listed In Annexes IA and IB may be modified in 
accordance with the procedure laid down in Article 36(3). 
- 31 -
TITLE VI 
Chapter 1 
Common rules on participation 
Article 19 
Contracts shall be awarded on the basis of the criteria laid down in 
Chapter 3, taking into account Article 20, after the suitability of the 
service providers not excluded under Article 25 has been checked by the 
authorities in accordance with the criteria referred to In Articles 27 and 
28. 
Article 20 
1. Where the criterion for the award of the contract Is that of the 
economically most advantageous tender, authorities may take account 
of variants which are submitted by a tenderer and meet the minimum 
specifications required by the authorities. The author It les shal I 
state in the contract documents the minimum specifications to be 
respected by the variants and any specific requirements for their 
presentation. They shall Indicate In the tender notice whether 
variants will be considered. 
Authorities may not reject the submission of a variant on the sole 
grounds that It has been drawn up with technical specifications 
defined by reference to national standards transposing European 
standards, to European technical approvals or to common technical 
specifications referred to In Article 15(2) or again by reference to 
national technical specifications referred to in Article 15(5) (a) and 
(b). 
Authorities which have admitted variants pursuant to paragraph 1 may 
not reject a variant on the sole grounds that it would lead, if 
successful, to a supply contract rather than a public service contract 
within the meaning of this Directive. 
Article 21 
In the contract documents, the authority may ask the tenderer to 
indicate in his tender any share of the contract he may intend to sub­
contract to third parties. 
This indication shall be without prejudice to the question of the 
principal service provider's liability. 
- 32 -
Article 22 
1. Tenders may be submitted by groups of service providers. These groups 
may not be required to assume a specific legal form In order to submit 
the tender; however, the group selected may be required to do so when 
It has been awarded the contract. 
2. Candidates or tenderers, who under the law of the Member State In 
which they are established, are entitled to carry out the relevant 
service activity, shall not be rejected on the sole grounds that, 
under the law of the Member State In which the contract Is awarded, 
they would have been required to be either a natural or a legal 
person. 
3. Legal persons may be required to indicate In the tender or the request 
for participation the names and relevant professional qualifications 
of the staff to be responsible for the performance of the service. 
Article 23 
1. In restricted and negotiated procedures the authorities shall, on the 
basis of information given relating to the service provider's position 
as well as to the information and formalities necessary for the 
evaluation of the minimum conditions of an economic and technical 
nature to be fulfilled by him, select from among the candidates with 
the qualifications required by Article 25 to 31 those whom they will 
invite to submit a tender or to negotiate. 
2. Where the authorities award a contract by restricted procedure, they 
may prescribe the range within which the number of providers of 
services which they Intend to invite will fall. In this case the 
range shall be indicated In the contract notice. The range shall be 
determined in the light of the nature of the service to be provided. 
The range must number at least five service providers and may be up to 
twenty. 
In any event, the number of candidates invited to tender shall be 
sufficient to ensure genuine competition. 
3. Where the authorities award a contract by negotiated procedure as 
referred to In Article 12, the number of candidates admitted to 
negotiate may not be less than three, provided that there is a 
sufficient number of suitable candidates. 
4. Each Member State shall ensure that authorities issue invitations 
without discrimination to those nationals of other Member States who 
satisfy the necessary requirements and under the same conditions as to 
its own nat ionais. 
- 33 -
Article 24 
The authority may state In the contract documents, or be obliged by a 
Member State to do so, the authority or authorities from which a 
candidate may obtain the appropriate information on the obligations 
relating to the employment protection provisions and the working 
conditions which are In force In the Member State, region or locality 
In which the services are to be performed and which shall be 
applicable to the services provided on site during the performance of 
the contract. 
The authority which supplies the Information referred to In paragraph 
1 shall request the tenderers or those participating in the contract 
procedure to indicate that they have taken account, when drawing up 
their tender, of the obligations relating to employment protection 
provisions and the working conditions which are in force in the place 
where the service is to be carried out. This shall be without 
prejudice to the application of the provisions of Article 33 
concerning the examination of abnormally low tenders. 
CHAPTER 2 
Criteria for qualitative selection 
Article 25 
Any service provider may be excluded from participation In the contract 
who: 
(a) is bankrupt or Is being wound up, whose affairs are being administered 
by the court, who has entered into an arrangement w[th creditors, who 
has suspended business activities or who is In any analogous situation 
arising from a similar procedure under national laws and regulations; 
(b) is the subject of proceedings for a declaration of bankruptcy, for an 
order for compulsory winding up or administration by the court or for 
an arrangement with creditors or of any other similar proceedings 
under national laws or regulations-, 
(c) has been convicted of an offence concerning his professional conduct 
by a Judgement which has the force of res Judicata; 
(d) who has been guilty of grave professional misconduct proven by any 
means which the authorities can Justify-, 
(e) has not fulfilled obligations relating to the payment of social 
security contributions In accordance with the legal provisions of the 
country in which he Is established or with those of the country of the 
author ity; 
(f) has not fulfilled obligations relating to the payment of taxes In 
accordance with the legal provisions of the country of the authority; 
(g) is guilty of serious misrepresentation In supplying or failing to 
supply the information that may be required under this chapter. 
- 34 -
Where the authority requires of the service provider proof that none of the 
cases quoted in (a), (b), (c), (e), or (f) appiles to him; It shall accept 
as sufficient evidence: 
for (a), (b), or (c), the production of an extract from the 'judicial 
record' or, failing this, of an equivalent document Issued by a 
competent judicial or administrative authority in the country of 
origin or In the country whence that person comes showing that these 
requirements have been met, 
for (e) or (f), a certificate Issued by the competent authority in 
the Member State concerned. 
Where the country concerned does not issue such documents or certificates, 
they may be replaced by a declaration on oath made by the person concerned 
before a Judicial or administrative authority, a notary or a competent 
professional or trade body, in the country of origin or in the country 
whence that person comes. 
Member states shall, within the time-limit referred to in Article 40, 
designate the authorities and bodies competent to issue these documents and 
shall forthwith inform the other Member States and the Commission thereof. 
Article 26 
1. Insofar as candidates for a public contract have to possess a 
particular authorisation or to be members of a particular organisation 
in their home country in order to be able to perform the service 
concerned, the authority may require them to prove that authorisation 
or membership. 
2. Any candidate or tenderer may be requested to prove his enrollment, as 
prescribed in his country of establishment, In one of the professional 
or trade registers or to provide a declaration or certificate as 
described in paragraph 3 below. 
3. The relevant professional and trade registers or declarations or 
cert IfIcates are: 
in Belgium, the "registre du commerce - Handelsreglster" ; 
in Denmark, the "Erhvervs- og Selskabsstyrelsen", (the "Aktiesel-
skabsregistret"; "Forenings-Registret", or "Handelsregistret") ; 
in Germany, the "Handelsregister" and the "Handwerksrolle"; 
in Greece, a declaration on the exercise of the profession 
concerned made on oath before a notary may be required; 
- in Spain, the "Registro Oficial de Contratlstas del Minlsterio de 
Industrla y Energla" ; 
in France, the "registre du commerce", and the "répertoire des 
metlers"; 
- 35 -
- In Italy, the "Reglstro della Camera dl commerclo, Industrla, 
agricoltura e artigianato" or the "Reglstro del le commlsslonl 
provincial I per l'art Igianato" -, 
- In Luxembourg, the "registre aux firmes" and the "rôle de la 
Chambre des métiers"; 
- in The Netherlands, the "Handelsregister"; 
- in Portugal, the "Commlssâo de Alvarâs de Empresas de Obras 
Pûbllcas e PartIculares" (CAEOPP) or the "Reglstro naclonal das 
Pessoas Colectivas"; 
- in the United Kingdom and Ireland, the service provider may be 
requested to provide a certificate from the "Registrar of 
Companies" or the "Registrar of Friendly Societies" or, if he is 
not so certified, a certificate stating that the person concerned 
has declared on oath that he is engaged in the profession in 
question in the country in which he is established in a specific 
place under a given business name. 
Article 27 
1. Proof of the service provider's financial and economic standing may, 
as a general rule, be furnished by one or more of the following 
references: 
(a) appropriate statements from banks or evidence of relevant 
professional risk Indemnity Insurance, 
(b) the presentation of the service provider's balance sheets or 
extracts therefrom, where publication of the balance sheets Is 
required under company law in the country in which the service 
provider is established, 
(c) a statement of the undertaking's overall turnover and Its 
turnover In respect of the services to which the contract 
relates for the three previous financial years. 
2. The authorities shall specify in the notice or In the Invitation to 
tender which reference or references they have chosen and which 
references other than those mentioned under paragraph 1 are to be 
produced. 
3. If, for any valid reason, the service provider is unable to provide 
the references requested by the authority, he may prove his economic 
and financial standing by any other document which the authority 
considers appropriate. 
Article 28 
1. The ability of service providers to perform services may be evaluated 
In particular with regard to their skills, efficiency, experience and 
reliablIity. 
2. Evidence of the service provider's technical capability may be 
furnished by one or more of the following means according to the 
nature, quantity and purpose of the services to be provided: 
- 36 -
(a) the service provider's educational and professional 
qualifications and/or those of the firm's managerial staff, and 
in particular, those of the person or persons responsible for 
performing the services; 
(b) a list of the principal services provided In the past three 
years, with the sums, dates and recipients, public or private, 
of the services performed; 
* where provided to authorities, evidence to be In the form of 
certificates Issued or countersigned by the competent 
author ity; 
* where provided to private purchasers, delivery to be 
certified by the purchaser or, failing this, simply declared 
by the service provider to have been effected; 
(c) indication of the technicians or technical bodies involved, 
whether or not belonging directly to the service provider, 
especially those responsible for quailty control ; 
(d) a statement of the service provider's average annual manpower 
and the number of managerial staff for the last three years; 
(e) a statement of the tool, plant or technical equipment available 
to the service provider for carrying out the services; 
(f) a description of the service provider's measures for ensuring 
quality, and his study and research facilities; 
(g) where the services to be provided are complex or, exceptionally, 
are required for a special purpose, a check carried out by the 
authority or on its behalf by a competent official body of the 
country In which the service provider Is established, subject to 
that body's agreement, on the technical capacities of the 
service provider and, If necessary, on his study and research 
facilities and quality control measures; 
(h) indication of the share of the contract which the service 
provider may intend to sub-contract; 
3. The authority shall specify, in the notice or in the Invitation to 
tender, which references It wishes to receive. 
4. The extent of the Information referred to In Article 27 and paragraphs 
1 to 3 of this Article must be confined to the subject of the 
contract. Authorities shall take Into consideration the legitimate 
Interests of the service providers as regards the protection of their 
technical or trade-related secrets. 
Article 29 
Should authorities require the production of certificates drawn up by 
independent bodies for attesting conformity of the provider of services to 
certain quality assurance standards, they shalI refer to quaMty assurance 
systems based on the relevant EN 29000 European standards series certified 
- 37 
by bodies conforming to the EN 45000 European Standards series. 
Authorities shall recognise equivalent certificates from bodies 
established in other Member States. They shall also accept other evidence 
of equivalent quality assurance measures from service providers who have 
no access to such certificates, or no possibility of obtaining them within 
the relevant time limits. 
Article 30 
Within the limits of Articles 25 to 28, the authority may Invite the 
service providers to supplement the certificates and documents submitted or 
to clar ify them. 
Article 31 
1. Member States who have official lists of recognised service providers 
must adapt them to the provisions of Articles 25(a) to (d) and (g) and 
of Articles 26 to 28. 
2. Service providers registered in these lists may, for each contract, 
submit to the authority a certificate of registration issued by the 
competent authority. This certificate shall state the references 
which enabled them to be registered In the list and the classification 
given in this list. 
3. Certified registration in such lists by the competent bodies shall, 
for the authorities of other Member States, constitute a presumption 
of suitability corresponding to the service provider's classification 
only as regards Articles 25(a) to (d) and (g), 26, 27(b) and (c) and 
28(a). 
Information which can be deduced from registration In official lists 
may not be questioned. However, with regard to the payment of social 
security contributions, an additional certificate may be required of 
any registered service provider whenever a contract is offered. 
The authorities of other Member States shall apply the above 
provisions only In favour of service providers who are established In 
the country holding the official list. 
4. When registering providers of services from other Member States on 
such a list, no proof or statement can be required In addition to 
those required of national providers of services and, in any case, 
none in addition to those required in Articles 25 to 29. 
5. Those Member States that have official lists shall be obliged to 
Inform the other Member States of the address of the body to which 
applications for registration should be sent. 
CHAPTER 3 
Criteria for the award of contracts 
Article 32 
1. Without prejudice to national law, regulation or administrative 
provision on the remuneration of certain services, the criteria on 
which the authority shall base the award of contracts may be: 
- 38 -
(a) when the award Is made to the economically most advantageous 
tender, various criteria relating to the contract: for example, 
quality, technical merit, aesthetic and functional 
characteristics, technical assistance and service, delivery 
date, delivery period or period of completion, price, or 
(b) the lowest price only. 
Where the contract is to be awarded to the economically most 
advantageous offer, authorities shall state in the contract documents 
or In the tender notice the award criteria which they intend to apply 
and, If possible, the intended ranking or weighting which they intend 
to use. 
Article 33 
If, for a given contract, tenders appear 
relation to the transaction, before it may 
authority shall request, In writing, details of 
elements of the tender which It considers relevant 
const I tuent to be abnormally low in 
reject those tenders the 
the constitutent 
and shal I ver ify 
those constituent elements taking account of the explanations 
received. 
The authority may take Into consideration explanations which are 
Justified on objective grounds Including the economy of the service 
method, or the technical solutions chosen, or the exceptionally 
favourable conditions available to the tenderer for the provision of 
the service, or the originality of the service proposed by the 
tenderer. 
If the documents relating to the contract provide for its award at the 
lowest price tendered, the authority must communicate to the 
Commission the rejection of tenders which it considers to be too low. 
In the case of a tender submitted by a public authority or a public 
enterprise, the authority shall In particular enquire whether the 
tender is influenced by public funds a-l located for 
(a) the setting-off of operating losses; 
(b) the provision of capital; 
(c) non-refundable grants, or loans on privileged terms; 
(d) the granting of financial advantages by foregoing profits or the 
recovery of sums due; 
(e) the foregoing of a normal return on public funds used; 
(f) compensation for financial burdens Imposed by the public 
author It les. 
It shall Inform the Commission if it intends to award a contract to a 
tenderer whose tender is influenced by any of these characteristics. 
- 39 -
3. Authorities may reject tenders which are abnormally low owing to the 
receipt of State aid only if they have consulted the tenderer and If 
the tenderer has not been able to show that the aid In question has 
been notified to the Commission pursuant to Article 93(3) of the 
Treaty or has received the Commission's approval. Authorities which 
reject a tender under these circumstances shall inform the Commission 
thereof. 
- 40 -
TiTLE Vil 
Final Provisions 
Article 34 
The calculation of tlme-llmlts shall be made In accordance with Council 
Regulation (EEC, EURATOM) No 1182/71 of 3 June 1971, determining the rules 
applicable to periods, dates and time limits^13). 
Article 35 
1. In order to permit assessment of the results of applying the 
Directive , Member States shall forward to the Commission a 
statistical report on the service contracts awarded by authorities by 
31 October 1995 at the latest for the preceding year and there after 
by 31 October of every second year. 
2- This report shall detail at least the number and value of contracts 
awarded by each authority or category of authority above the 
threshold, subdivided as far as possible by procedure, category of 
service and the nationality of the service provider to whom the 
contract has been awarded, and in the case of negotiated procedures, 
subdivided In accordance with Article 12, listing the number and value 
of the contracts awarded to each Member State and to third countries. 
3. The Commission shall determine the nature of any additional 
statistical information, which is required In accordance with this 
Directive, In accordance with the procedure laid down in Article 
36(3). 
Article 36 
1. The Commission shall be assisted by the Advisory Committee for Public 
Contracts set up by Decision 71/306/EEC. 
2. As regards procurement of telecommunications services falling within 
category 5 of Annex IA, the Commission shall also be assisted by the 
Advisory Committee on Telecommunications Procurement set up by 
Directive 90/531/EEC. 
3. Where reference Is made to the procedure laid down in this paragraph, 
the representative of the Commission shall submit to the Committee a 
draft of the measures to be taken. The Committee shall deliver its 
opinion on the draft within a time-limit which the chairman may lay 
down according to the urgency of the matter, If necessary by taking a 
vote. 
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. 
(13) 0J No L 124, 8.6.1971, p.1 
- 41 -
The Commission shall take the utmost account of the opinion delivered 
by the Committee. It shall Inform the Committee of the manner In 
which its opinion has been taken into account. 
4. The Committees shall examine, on the initiative of the Commission or 
at the request of a Member State, any question relating to the 
application of this Directive. 
Article 37 
1. The Member States shall Inform the Commission of any general 
difficulties encountered, in law or In fact, by their undertakings In 
securing the award of public service contracts or public service 
concessions In third countries. 
2. The Commission shall report to the Council, before 31 December 1992 
and then periodically, on the opening up of public service contracts 
and concessions in third countries and on the state of negotiations 
with these countries on this subject, part icularly in the GATT 
framework. 
3. Whenever the Commission establishes, either on the basis of the 
reports referred to in paragraph 2, or on the basis of other 
information, that a third country, as regards the award of public 
service contracts or concessions, 
(a) does not grant Community undertakings effective access 
comparable to that granted by the Community to undertakings from 
that country, 
(b) does not grant Community undertakings national treatment or the 
same competitive opportunities as available to national 
undertakings, or 
(c) grants undertakings from other third countries more favorable 
treatment than Community undertakings, 
the Commission may Initiate negotiations In order to remedy the 
situât Ion. 
4. Under the conditions referred to in paragraph 3, the Commission may 
decide, In addition to action taken pursuant to that paragraph, that 
the award of public service contracts or concessions to 
(a) undertakings governed by the law of the third country In 
question, 
(b) undertakings affiliated to the undertakings specified In (a) and 
having their registered office in the Community but having no 
effective and continuous link with the economy of a Member 
State, 
(c) undertakings submitting tenders concerning services originating 
In the third country In question. 
- 42 -
may be suspended or restricted during a period to be determined In the 
decision. 
The Commission may decide on the appropriate measures either on Its 
own Initiative or at the request of a Member State, after consulting 
the Member States In accordance with the procedure laid down in 
Article 36(3). Where the Commission Is asked to take action by a 
Member State, it shall take a decision within a maximum period of 
three months of receipt of the request. 
It shall notify the Council and the Member States of the decisions 
taken. 
Any Member State may refer the Commission's decision to the Council 
within a maximum period of four weeks from the date of the decision. 
The Council, acting by qualified majority, may take a different 
decision within a maximum period of three months of such referral. 
5. This Article Is without prejudice to the obligations of the Community 
In relation to non-Member countries. 
Article 38 
Article 1(1) of Council Directive 89/665/EEC(14> is replaced by the 
fol lowing: 
"1. The Member States shall take the measures necessary to ensure that, as 
regards contract award procedures falling within the scope of 
Directives 71/305/EEC, 77/62/EEC, and .../.../EEÇ<15>, decisions 
taken by the contracting authorities may be reviewed effectively and, 
in particular, as rapidly as possible in accordance with the 
conditions set out in the following Articles, and, in particular, 
Article 2(7) on the grounds that such decisions have Infringed 
Community law In the field of public procurement or national rules 
implementing that law." 
Article 39 
Not later than three years after the time limit for compliance with this 
Directive the Commission, acting in close cooperation with the Committees 
referred to In Article 36, shall review the manner In which this Directive 
has operated Including, In particular, the effects of the application of 
the Directive to procurement of services listed In Annex IA and the 
provisions concerning technical standards. It shall evaluate, In 
particular, the prospects for the full application of the Directive to 
procurement of other services listed In Annex IB, and the effects of In-
house performance of services on the effective openlng-up of the market In 
this area. It shall make the necessary proposals to adapt the Directive 
accordingly. 
(14) 0J No L 395. 30.12.1989. p. 33. 
(15) OJ No L 
- 43 -
Article 40 
Member States shall implement the laws, regulations and administrative 
provisions necessary to comply with this Directive by 1 March 1992. They 
shall forthwith Inform the Commission thereof. 
When Member States adopt these provisions, these shall contain a reference 
to this Directive or shall be accompanied by such reference at the time of 
their official publication. The procedure for such reference shall be 
adopted by Member States. 
Article 41 
Member States shall ensure that the texts of the basic provisions of 
domestic law, whether laws, regulations or administrative provisions, which 
they adopt to implement this Direct Ive, are communicated to the Commission. 
Article 42 
This Directive is addressed to the Member States. 
Done at Brussels For the Council 
The President 
- 44 -
ANNEX I A 
Services in the sense of Article 
Cat.No.: Subject : CPC Reference No. 
1 Maintenance and repair services 6112, 6122, 633. 886 
2 : Land transport services, including : 712 (except 71235) 7512 
armoured car services, and courier 87304 
services, except transport of mail 
3 : Air transport services of passengers : 
and freight, except transport of 
mail : 73 (except 7321) 
4 Transport of mail by land, except : 
: rail, and by air : 71235. 7321 
5 Telecommunications services 752* 
6 : Financial services : ex 81 
a) Insurance services 812. 814 
b) Banking and investment services** 
7 : Computer and related services : 84 
8 : R&D services*** : 85 
9 : Accounting, auditing and book- : 
keeping services : 862 
10 : Market research and public : 
opinion polling services : 864 
11 Management consulting services : 
and related services : 865. 866**** 
12 : Architectural services; ~" ~" ~: 867 
Engineering services and inte- : 
grated engineering services; 
Urban planning and landscape 
architectural services; : 
Related scientific and tech- : 
nical consulting services; : 
Technical testing and analysis 
services 
13 : Advertising services : 871 ~~ 
14 : Building-cleaning services : 874 
and property management services : 82201, 82202 
15 : Publishing and printing services : 
on a fee or contract basis : 88442 
16 : Sewage and refuse disposal; : 
sanitation and similar services : 94 
• *• 
**•* except voice telephony, telex, radiotelephony, paging and satellite services 
except activities involving primary government bonds and activities involving public debt 
management 
as defined in the ninth recital 
except arbitration and conciliation services 
- 45 -
ANNEX I B 
Services in the sense of Article 10 
Cat.No. Subject : CPC Reference No. 
17 : Hotel and restaurant services : 64 
18 : Transport services by rail : 711 
19 : Water transport services 72 
20 : Supporting and auxiliary transport : 
: services 74 * ' 
21 : Legal services : 861 
22 : Placement and supply services of 
: personnel 872 
23 : Investigation and security services 
: (except armoured car services) 873 (except 87304 
24 : Education and vocational educational : 
: services : 92 
25 : Health and social services 93 
26 : Recreational, cultural and sporting : 
: services 96 
27 : Other services 
- 46 -
ANNEX II 
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS 
For the purpose of this Directive the following terms shall be defined as follows: 
1. Technical specifications: the totality of the technical prescriptions contained in 
particular In the tender documents, defining the characteristics required of a work, 
material, product or supply, which permits a work, a material, a product or a supply to be 
described in a manner such that it fulfils the use for which it is intended by the 
contracting authority. These technical prescriptions shall include levels of quality, 
performance, safety or dimensions, including the requirements applicable to, the material, 
the product or to the supply as regards quality assurance, terminology, symbols, testing 
and test methods, packaging, marking or labelling. They shall also include rules relating 
to design and costing, the test, inspection and acceptances for works and methods or 
techniques of construction and all other technical conditions which the contracting 
authority is in a position to prescribe, under general or specific regulations, in relation 
to the finished works and to the materials or parts which they involve. 
2. Standard: a technical specification approved by a recognised standardising body for 
repeated and continuous application, compliance with which is in principle not compulsory. 
3. European standard: a standard approved by the European Committee for Standardisation (CEN) 
or by the European Committee for Electrotechnlcal Standardisation (Cenelec) as "European 
Standards (EN)" or "Harmonisation documents (HD)" according to the common rules of these 
organisations or by the European Telecommunications Standards Institute (ETSI) as a 
"European Telecommunication Standard" (ETS). 
4. European technical approval: a favourable technical assessment of the fitness for use of a 
product, based on fulfillment of the essential requirements for building works, by means of 
the inherent characteristics of the product and the defined conditions of applications and 
use. The European agreement shall be issue by an approval body designated for this purpose 
by the Member State. 
5. Common technical specification: a technical specification laid down in accordance with a 
procedure recognised by the Member States to ensure uniform application in all Member 
States which has been published in the Official Journal of the European Communities. 
6. Essential requirements: requirements regarding safety, health and certain other aspects in 
the general interest, that the construction works can meet. 
- 47 -
ANNEX III 
Model controct notices 
A. Prior Information 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority, and, if different, of the service from which additional information may be 
obtained; 
2. Intended total procurement in each of the service categories listed in Annex IA; 
3. Estimated date for initiating the award procedures, per category; 
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 
- 48 -
B. Open Procedure 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority; 
2. Category of service and description; 
CPC reference number; 
3. Place of delivery; 
4. (a) Indication whether the execution of the service is by law. regulation, or 
administrative provision reserved to a particular profession; 
(b) Reference of the law, regulation or administrative provision; 
(c) Indication whether legal persons should indicate the names and professional 
qualifications of the staff to be responsible for the execution of the service; 
5. Indication whether suppliers can tender for a part of the services concerned; 
6. Variants 
a) Where opplicable. minimum specifications, 
b) Where applicable. desirable elements; 
7. Duration of contract or time limit for completion of the service; 
8. (a) Name and address of the service from which the relevant documents may be requested: 
(b) Final date for making such requests: 
(c) Where applicable, the amount and terms of payment of any sum payable for such 
documents; 
9. (a) Persons authorised to be present at the opening of tenders: 
(b) Date, time and place of the opening; 
10. Where applicable, any deposits and guarantees required. 
11. The main terms concerning financing and payment and/or references to the relevant 
provisions. 
12. Where applicable, the legal form to be taken by the grouping of suppliers winning the 
contract. 
13. Information concerning the suppliers' own position, and information and formalities 
necessary for an appraisal of the minimum economic and technical standards required of 
the supplier. 
14. Period during which the tender is bound to keep open his tender. 
15. Criteria for the award of the contract and their ranking. Criteria other than that of 
the lowest price shall be mentioned if they do not appear in the contract documents. 
16. Other information. 
17. Date of dispatch of the notice. 
18. Date of receipt of the notice by the Office of Official Publications of the European 
Communi t ies. 
- 49 -
C. Restricted Procedure 
1. The name, address, telegraphic address, telephone, telex and facsimile number of the 
authority; 
2. Category of service and description; 
CPC reference number; 
3. Place of delivery; 
4. (a) Indication whether the execution of the service is by law. regulation or 
administrative provision reserved to a particular profession: 
(b) Reference of the law, regulation or administrative provision; 
(c) Indication whether legal persons should indicate the names and professional 
qualifications of the staff to be responsible for the execution of the service; 
5. Indication of whether the supplier can tender for a part of the services concerned; 
6. Envisaged number of suppliers, or range, which will be invited to tender; 
7. Variants 
a) Where applicable, minimum specifications. 
b) Where applicable, desirable elements; 
8. Duration of contract, or time limit for completion of the service; 
9. Where applicable, the legal form to be assumed by the grouping of suppliers winning the 
Acontract; 
10. (a) Where applicable, justification for the use of the accelerated procedure, 
(b) Final date for the receipt of requests to participate, 
(c) Address to which they must be sent, 
(d) Language(s) in which they must be drawn up; 
11. Final date for the dispatch of invitations to tender; 
12. Where applicable, any deposits and guarantees required; 
13. Information concerning the supplier's own position, and the information and formalities 
necessary for an appraisal of the minimum economic and technical standards required of 
him; 
14. Criteria for the award of the contract and their ranking if these are not stated in the 
invitation to tender; 
15. Other information; 
16. Date of dispatch of the notice; 
17. Date of receipt of the notice by the Office for Official Publications of the European 
Communities. 
- 50 -
D. Negotloted Procedure 
1. The name, address, telegraphic address, telephone, telex and facsimile number of the 
authority; 
2. Category of service and description; 
CPC reference number; 
3. Place of delivery; 
4. (a) Indication whether the execution of the service is by law, regulation or 
administrative provision reserved to a particular profession: 
(b) Reference of the law, regulation or administrative provision; 
(c) Indication whether legal persons should indicate the names and professional 
qualifications of the staff to be responsible for the execution of the service; 
5. Indication of whether the supplier can tender for a part of the services concerned; 
6. Envisaged number of suppliers, or range, which will be invited to tender; 
7. Variants 
a) Where applIcable, minimum specifications, 
b) Where applicable, desirable elements; 
8. Duration of contract, or time limit for completion of the service; 
9. Where applicable, the legal form to be assumed by the grouping of suppliers winning the 
contract; 
10. (a) Where applicable, justification for the use of the accelerated procedure. 
(b) Final date for the receipt of requests to participate, 
(c) Address to which they must be sent, 
(d) Language(s) in which they must be drawn up; 
11. Where applicable, any deposits and guarantees required; 
12. Information concerning the supplier's own position, and the information and formalities 
necessary for an appraisal of the minimum economic and technical standards required of 
him; 
13. Where applicable, the names and addresses of suppliers already selected by the awarding 
authority; 
14. Other information; 
15. Date of dispatch of notice; 
16. Date of receipt of the notice by the Office for Official Publications of the European 
Communities; 
17. Date(s) of previous publications in the Official Journal of the European Communities. 
- 51 -
E. Controct Awords 
1. Name and address of the authority; 
2. Award procedure chosen; in case of negotiated procedure without prior publication of a 
tender notice, justification (Article 13(3)); 
CPC reference number; 
3. Category of service and description; 
4. Date of award of contract; 
5. Criteria for award of contract; 
6. Number of tenders received; 
7. Name and address of supplier(s); 
8. Price or range of prices (minimum/maximum) paid; 
9. Where appropriate, value and proportion of contract likely to be subcontracted to third 
parties; 
10. Other information; 
11. Date of publication of the tender notice in the Official Journal of the European 
Communities; 
12. Date of dispatch of the notice; 
13. Date of receipt of the notice by the Office for Official Publications of the European 
Communities; 
14. In the case of contracts for services listed in Annex IB, agreement, by the contracting 
authority, on publication of the notice (Article 18(3)). 
- 52 -
ANNEX IV 
Design Contest Notices 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority and of the service from which the relevant documents may be obtained; 
2. Project description; 
3. Nature of the contest: open or restricted; 
4. In the case of open contests: final date for receipt of projects; 
5. In the case of restricted contests: 
a) the envisaged number of participants, or range; 
b) where applicable, names of already selected participants; 
c) the criteria to be applied in the selection of participants; 
d) final date for receipt of requests to participate; 
6. Where applicable, indication whether participation is reserved to a particular profession; 
7. The criteria to be applied in the evaluation of projects; 
8. Where applicable, names of selected members of the jury; 
9. Indication whether the decision of the jury is binding for the authority; 
10 Where applicable, the number and value of the prizes to be awarded; 
11 Where applicable, details on payments to all participants; 
12 Indication whether the prize-winners are entitled to be awarded any follow-up contracts; 
13 Other information; 
14 Date of dispatch of the notice. 
15 Date of receipt of the notice by the office for Official Publications of the European 
Communities. 
B. Results of Design contests 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority; 
2. Project description; 
3. Total number of participants; 
4. Number of foreign participants; 
5. Winner(s) of the contest; 
6. Where applicable, the prize(s); 
7. Other information; 
8. Reference of the design contest notice; 
9. Date of dispatch of the notice; 
10. Date of receipt of the notice by the Office for Official Publications of the European 
Communities. 
- 53 -
ANNEX V 
A. Model Notice on Public Service Concessions 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority; 
2. (a) The place of delivery: 
(b) The subject of the concession, nature and extent of the services to be provided: 
(c) Duration of contract; 
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. Personal, technical and financial conditions to be fulfilled by the candidates; 
5. The criteria for the award of the contract; 
6. Where applicable, the minimum percentage of the total value of the concession contract to 
be awarded to third parties; 
7. Other information; 
8. Date of dispatch of the notice; 
B. Concession awards 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the 
authority; 
2. The subject of the concession, nature and extent of the services to be provided; 
3. Date of award of the concession; 
4. Number of tenders received; 
5. Name and address of the concessionnaire; 
6. Other information; 
7. Date of publication of the tender notice in the Official Journal of the European 
Communities; 
8. Date of dispatch of the notice; 
9. Date of receipt of the notice by the Office for Official Publications of the European 
Communities; 
ISSN 0254-1475 
COM(91) 322 final 
DOCUMENTS 
EN 06 08 
Catalogue number : CB-CO-91-363-EN-C 
ISBN 92-77-75071-5 
Office for Official Publications of the European Communities 
1^2985 Luxembourg