NoC 161/10 Official Journal of the European Communities 19.6.87 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 12 
1. Member States shall bring into force the measures 
to comply with this Directive by They shall 
forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the main laws, regulations and 
administrative provisions which they adopt in the field 
covered by this Directive. Article 12 
1. Member States shall bring into force the measures 
to comply with this Directive within two years of its 
adoption. They shall forthwith inform the Commission 
thereof. 
2. unchanged 
Article 13 
This Directive is addressed to the Member States. Article 13 
unchanged 
Alteration of the proposal for a Council Directive amending Directive 77/62/EEC relating to 
the coordination of procedures on the award of public supply contracts and deleting certain 
provisions of Directive 80/767/EEC (') 
COM(87) 233 final 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of 
the EEC Treaty on 1 June 1987) 
(87/C 161/05) 
A new recital is added between the fourth and fifth recitals: Articles 2 and 3 become Articles 3 and 4. 
'Whereas it is necessary to amend these Directives in 
order to incorporate the changes in the GATT 
Government Procurement Agreement agreed in 
December 1986.' Alteration of Article 4 
Article 4 (2) (d) is replaced by the following: 
New Article 2 
Article 1 (a) is replaced by the following text: 
'(a) "public supply contracts" shall be contracts for 
pecuniary interest concluded in writing involving the 
purchase, lease, rental or hire purchase, with or 
without option to buy, of products between a 
supplier (a natural or legal person) and one of the 
contracting authorities defined in (b) below. The 
delivery of such products may in addition include 
siting and installation operations.' 
0) OJ No C 173, 11. 7. 1986, p. 4. '(d) The contracting authorities shall prepare a report in 
writing on each contract awarded under the 
restricted or the negotiated procedure. They shall 
ensure that each report contains the name of the 
contracting authority, the value and nature of goods 
purchased, the country of origin as indicated by the 
address of the supplier, and a statement of the 
conditions referred to in Article 6 (1) and (2) which 
prevailed at the time when the contract was 
awarded. The report shall remain with the 
contracting authority concerned. If needed, this 
information shall be supplied to the authorities 
responsible for the contracting authority in order 
that it may, if required, be used by the Commission 
and, through the Commission, by the Advisory 
Committee for Public Contracts.' 
r^DS^ (Official journal of the European communities ^ooetDtBM 
A^A^cA^ 
Article^is replaced bv the following^ 
A^c^^ 
t. ^ The provisions ofTitles 11, 111 and IVand of 
Article D, under the conditions laid down in 
Titlelandin Article 4,shallapplvtopublic 
supplv contracts^ 
— awarded under the terms and conditions 
of Directive 80BBDBBEE(G bv those 
contracting authorities listed in Anne^lof 
that Directive and whose estimated value 
netofVATisnotlessthanl^OOOECAU, 
except those contracts awarded bv 
contracting authorities in the field of 
defence in respect of products not listed in 
Anne^ 11 to that Directive, 
— awarded hv those contracting authorities 
within the meaning of Article t of this 
Directive and whose estimated value net of 
VAT is not less than 200 000 ECmU except 
those awarded hv the contracting auth 
orities listed in Anne^ 1 to Directive 
80BBDBBEECE 
— awarded hv contracting authorities in the 
field of defence in respect of those 
products not listed in Anne^ 11 to Directive 
^OBBDBBEEC^ and whose estimated value 
net ofVAT is not less than 1^ 000 ECmU. 
rd^The Directive shall applv to puhlic supplv 
contracts for which the estimated value equals 
or exceeds the threshold concerned at the time 
of puhlication of the notice in accordance with 
Articled 
^ The value of the thresholds in national 
currencies and the threshold of the oGATT 
Agreement in terms of the ECmU shall he 
revised everv two vears with effect from 1 
]anuarvl^8.The calculationof these values 
shallhehased on the average dailv values of 
these currencies in terms of the ECmU and of 
the ECmU in terms of the ^DR over the 24 
months terminating on the last dav of (October 
immediately preceding the t]anuarv revision. 
I^he values shall he puhlished in the CO^c^ 
A^r^ ^^ ^r^^^ ^^^^^ at the 
beginning of November. 
^The method of calculation laid down in 
subparagraph ^ shall he examined, on the 
commissions initiative, hv the Advisorv 
(committee for Rublic contracts two vears 
after its initial application. 2. Inthecaseof contractsforthelease,rentalor 
hire purchase of products, the bases for calculating 
the estimated contract value shall be^ 
— in the case of fi^ed term contracts, where their 
term is t2monthsorless,thecalculation should 
be based on the total contract value for its 
duration, or,wheretheirterm exceeds t2 months 
its total value including the estimated residual 
value, 
— in the case of contracts for an indefinite period or 
in cases where there is doubt as to the duration of 
the contracts, the monthlv instalment is multiplied 
bv48. 
3. In the case of regular supplv contracts or of 
contracts which are to be renewed within a given 
time, either the aggregate cost of similar contracts 
concluded over the previous fiscal vear or 12 months 
adjusted, where possible, for anticipated changes in 
quantitvor value over the subsequent t2 months or 
the estimated aggregate cost during the t2 months 
following first deliverv or during the term of the 
contract where this is greater than 12 months must be 
taken as the basis for the application of paragraph P 
The selection of the valuation method shall not be 
used with the intention of avoiding the application of 
this Article. 
4. If a proposed procurement of supplies of the 
same tvpemav lead to contracts being awarded at the 
same time in separate parts, the estimated value of 
the total sum of these parts must be taken as the basis 
for the application of paragraphstand 2. 
^. In cases where a proposed procurement 
specifies optionclauses, thebasis for calculating the 
estimated contract value shall be the highest possible 
total of thepurchase, lease, rental, or hire-purchase 
permissible, inclusive of the option clauses. 
D. l^o procurement requirement for a given 
quantitv of supplies mav be split up with the intention 
of avoiding the application of this ArticleB 
A^cA^^^^becomeArticlesDto^. 
B^cA^becomesArticlelO. 
ArticleMCl^ is replaced hv the following^ 
U. In restricted and negotiated procedures the 
time limit for the receipt of requests to participate 
fi^edbvthecontractingauthoritiesshallbenotless 
than^da^s from the date of dispatch of the noticeB 
Ar^c^^^A^ become Articles^tol^. 
Ar^cA^^ becomes ArticletDand is to read^ 
5Articles 2, 3,4,^andDof Directive 80B^D^BEE(^ are 
deletedB 
Ar^c^^^^Bbecome Articles t^tot^.