COMMISSION OF THE EUROPEAN COMVIDNITIES 
C0M(90) 301 final - SYN 153 
Brussels, 12 July 1990 
Re-examined proposal for a 
on the procurement procedures of entitles 
operating In the water, 
energy, transport and telecommunications sectors 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
<2 
EXPLANATORY MEMORANDUM 
I. General considerations 
The re-examined proposal reflects the Commission's stance with 
regard to the common position adopted by the Council on 
29 March 1990 and the proposed amendments to that common position 
adopted by Parliament on second reading on 13 June 1990. As stated 
at the plenary session, the Commission has accepted and 
incorporated in Its re-examined proposal 11 of the 21 amendments 
adopted by Parliament. 
11. Analysis of the re-exam Ined proposal 
The proposal reflects the agreement existing between the Council, 
Parliament and the Commission, except for the points underlined. On 
these points, the proposal reflects the European Parliament's 
amendments. These, In turn, represent an attempt to find a 
satisfactory compromise between the proposal of the Commission 
following the first reading In the European Parliament and the 
common position of the Council. 
The points where the re-examined proposal differs from the common 
position set out below. 
(a) Article 1(14) 
This paragraph aligns, without altering their scope, the 
definitions of public telecommunications services on those 
laid down In the common position on the Implementation of 
Open Network Provision (ONP). The Commission Is thus 
fulfilling the undertaking It gave the Council during the 
discussions leading to adoption of the common position. 
(b) Article 6(3) 
The new text is aimed at making the proposal more transparent 
by placing the Commission under the obligation to publish 
lists of activities pursued by entitles but not covered by 
the Directive. 
(c) Article 13(6)(a) 
Article 13 establishes the conditions under which derogations 
may be allowed from the obligation to refer to European 
standards. 
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The text of paragraph 6(b) of the common position was 
unsatisfactory, since it drew an unjustified distinction 
between telecommunications entities and entitles in the other 
sectors, thereby creating uncertainty. The aim Is, In fact, 
to avoid making It mandatory to refer to European 
specifications where conformity of the product to those 
specifications cannot be established. 
The new text makes this clear and avoids misunderstandings. 
(d) Article 17(1) 
The re-examined proposal takes over from the Commission's 
earlier proposals a provision to the effect that the periodic 
notice is to be published at least once a year. 
If the periodic notice Is to serve its purpose, namely to 
ensure transparency, there should be a strict frequency of 
publication without Imposing an excessive administrative 
burden on the entity responsible for publishing it. 
(e) Article 17(3) 
The new text usefully supplements the provisions that are to 
apply In cases where the periodic notice Is used as a means 
of calling for competition. It makes the period of one year 
run from the date on which the contracting entity dispatches 
the letters of Invitation and specifies the deadlines for 
submitting applications and tenders, which are aligned on 
those applicable to the other means of calling for 
competIt ion. 
These new provisions supplement and clarify the text without 
altering the spirit or substance of the Directive. 
(f) Article 23 
In Rush Portuguesa,1 the Court of Justice confirmed that 
Community law does not prevent Member States extending their 
legislation, or collective wage agreements concluded by the 
two sides of Industry, to cover any person carrying out paid 
work - even on a temporary basis - on their territory, 
irrespective of the country in which his employer Is 
established; neither does It bar Member States from 
enforcing such rules by appropriate means. 
Case C-113/89 Rush Portuguesa v Office National d'Immigration, not yet 
reported. 
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Article 23(1) provides that contracting entities may mention 
the authorities from which tenderers can obtain Information 
on any rules of this nature. Where such Information Is 
supplied, It Is appropriate that tenderers should confirm 
that they have taken those rules Into account when drawing up 
their tender. For the sake of consistency, Article 23(2) has 
thus been amended and aligned on Article 22a of 
Directive 89/440/EEC. 
(g) Article 29 
The amendments to this Article are aimed at remodelling and 
clarifying It; the paragraphs have therefore been combined or 
rearranged Into a more logical order. 
The wording of the text on the concept of the origin of goods 
has been clarified, and reference is made to the Council 
Regulation on the common definition of the concept of the 
origin of goods.2 
All these provisions contribute to the clarity of the text 
while leaving the substance and scope of the Article 
unchanged. 
III. Amendments not accepted by the Commission 
(a) Amendments Nos 2 (Article 2(2)(a)) and 4, S and 6 (Article 
3(1) and (4)) do not alter the substance of the provisions 
concerned or Improve the clarity of the text. It is 
therefore preferable to retain the wording of the common 
position, which offers the necessary legal certainty and 
clarity. 
(b) The purpose of amendment No 10 (Article 12(6)) Is to ensure 
that the concept of work Is correctly Interpreted in all 
Member States. However, a directive Is not an appropriate 
place for an obligation to interpret a provision; if, after 
adoption of the Directive, it were to prove necessary to 
define the concept more precisely, the Commission would take 
the necessary measures. 
(c) The Commission has not Incorporated amendments Nos 16 and 17 
In Art icle 28 relatIng to national preference schemes. It 
set out Its policy on regional preference schemes In Its 
Communication entitled "Public procurement: regional and 
0J No L 148 of 28 June 1968, p. 1. 
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social aspects".3 The Judgment of the Court of Justice In 
Du Pont de Nemours4 confirms the soundness of that policy. 
The Commission therefore takes the view that It would be 
Inexpedient to amend a text that Is in keeping with that 
po11cy. 
Amendment No 16 furthermore provides that national measures 
may also be aimed at promoting or safeguarding equal rights 
and opportunities for women, the disabled or workers from 
minority groups. However, Article 22(4)(f) of the common 
position already allows contracting entities to Impose 
special conditions for participation in a contract. As the 
Court of Justice stressed in its judgment In BeentJes,5 the 
concept of "special conditions" can include conditions of a 
social nature. 
(d) Amendment No 23 concerning Annex XV (Notice of contracts 
awarded) Is superfluous since Information on sub-contracting 
Is already requested under Items 10 and 11 of that Annex. 
(e) Amendments Nos 28 (Article 1(4)) and 29 (Article 12(5)) limit 
the period of validity of framework agreements to four years 
in order to prevent contracting entities using them to avoid 
having to comply with the Directive. These amendments are 
Inappropriate because Article 5(4) already rules out any 
misuse of framework agreements with a view to evading the 
Directive. There Is therefore no reason to limit the 
duration of a framework agreement that Is concluded in 
accordance with the Directive and thus used as a legitimate 
commercial method of procurement. s 
3 OJ No C 311 of 12 December 1989, p. 7. 
4 Case C-21/88 Du Pont de Nemours I ta 11 ana S.p.A. v Unite Sanitaria Locale 
No 2 dl Carrara, not yet reported. 
5 Case C-31/87 Gebroeders BeentJes B.V. v State of the Netherlands, not 
yet reported. 
€ 
Re-examined proposal for a 
COUNCIL PI RECTI VF 
on the procurement procedures of entities 
operating In the water, 
energy, transport and telecommunications sectors 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community and in 
particular the last sentence of Article 57(2), Article 66, Article 100a and 
Article 113 thereof, 
Having regard to the proposal from the Commission 
(2) In co-operation with the European Parliament 
(3) Having regard to the Opinion of the Economic and Social Committee 
Whereas the measures aimed at progressively establishing the internal market, 
during the period up to 31 December 1992, need to be taken; whereas the internal 
market consists of an area without internal frontiers in which free movement of 
goods, persons, services and capital is guaranteed; 
(1) OJ No C 264, 16.10.1989, p. 22. 
(2) OJ No C 158, 26. 6.1989, p. 258 and Decision of (not yet published in 
the Official Journal). 
(3) OJ No C 139, 5. 6.1989, p. 23 and 31. 
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? 
Whereas the European Council has drawn conclusions concerning the need to bring 
about a single internal market; 
Whereas restrictions on the free movement of goods and on the freedom to provide 
services in respect of supply contracts awarded in the water, energy, transport 
and telecommunications sectors are prohibited by the terms of Articles 30 and 59 
of the Treaty; 
Whereas Article 97 of the Euratom Treaty prohibits any restrictions based on 
nationality as regards companies under the jurisdiction of a Member State where 
they desire to participate in the construction of nuclear installations of a 
scientific or industrial nature in the Community; 
Whereas these objectives also require the co-ordination of the 
prociiro"-«nt procedures applied by the entities operating in these sectors; 
Whereas the White Paper on the completion of the Internal Market contains an 
action programme and a timetable for opening up public procurement markets in 
sectors which are currently excluded from Council Directive 71/305/EEC of 
26 July 1971 concerning the co-ordination of procedures for the award of public 
works contracts , as last amended by Council Directive 89/440/EEC , and 
Council Directive 77/62/EEC of 21 December. 1976 co-ordinating procedures for the 
(3) award of public supply contracts , as last amended by 
Directive 88/295/EEC (4); 
(1) OJ No L 185. 16.8.1971, p. 5. 
(2) OJ No L 210, 21.7.1989. p. 1. 
(3) OJ No L 13, 15.1.1977, p. 1. 
(4) OJ No L 127, 20.5.1988, p. 1. 
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Whereas among such excluded sectors are those concerning the provision of water, 
energy and transport services and, as far as Directive 77/62/EEC is concerned, 
the telecommunications sector; 
Whereas the main reason for their exclusion was that entities providing such 
services are in some cases governed by public law, in others by private law; 
Whereas the need to ensure a real opening-up of the market and a fair balance in 
the application of procurement rules in these sectors requires that the entities 
to be covered must be identified on a different basis than by reference to their 
legal status; 
Whereas, in the four sectors concerned, the procurement problems to be solved are 
of a similar nature, so permitting them to be addressed in one instrument; 
Whereas, among the main reasons why entities operating in these sectors do not 
purchase on the basis of Community-wide competition is the closed nature of the 
markets in which they operate, due to the existence of special or exclusive 
rights granted by the national authorities, concerning the supply«to provision or 
operation 0f networks for providing the service concerned, the exploitation of 
a given geographical area for a particular purpose, the provision or operation of 
public telecommunications networks or the provision of public telecommunications 
services ; 
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Whereas the other main reason for the absence of Community-wide competition in 
these areas results from various ways in which national authorities can influence 
the behaviour of these entities, including participations in their capital and 
representation in the entities' administrative, managerial or supervisory bodies. 
Whereas this Directive should not extend to activities of those entities which 
either fall outside the sectors of water, energy and transport services or 
outside the telecommunications sector, or which fall within those sectors but 
nevertheless are directly exposed to competitive forces in markets to which entry 
is unrestricted; 
Whereas it is appropriate that these entities apply common procurement procedures 
in respect of their activities relating to water; whereas certain entities have 
been covered up to now by Directives 71/305/EEC and 77/62/EEC in respect of their 
activities in the field of hydraulic engineering projects, irrigation, land 
drainage or the disposal and treatment of sewage ; 
Whereas, however, procurement rules of the type proposed for supplies of goods 
are inappropriate for purchases of water, given the need to procure water from 
sources near the area where it will be used; 
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A 
Whereas, when specific conditions are fulfilled, exploitation of a geographical 
area with the aim of exploring for or extracting oil, gas, coal or other solid 
fuels may be made subject to alternative arrangements which will enable the same 
objective of opening up contracts to be achieved; whereas the Commission must 
ensure that these conditions are complied with by the Member States who implement 
these alternative arrangements; 
Whereas the Commission has announced that it will propose measures to remove 
obstacles to cross-frontier exchanges of electricity by 1992; whereas procurement 
rules of the type proposed for supplies of goods would not make it possible to 
overcome existing obstacles to the purchases of energy and fuels in the energy 
sector; whereas, as a result, it is not appropriate to include such purchases in 
the scope of this Directive, although it should be borne in mind that this 
exemption will be re-examined by the Council on the basis of a Commission report 
and Commission proposals; 
Whereas Regulations (EEC) No 3975/87 (1) and No 3976/87 (2), 
Directive 87/601/EEC and Decision 87/602/EEC are designed to introduce 
more competition between the entities offering air transport services to the 
public and it is therefore not appropriate for the time being to include such 
entities in the scope of this Directive although the situation ought to be 
reviewed at a later stage in the light of progress made as regards competition; 
(1) OJ No L 374. 31.12.1987, p. 1. 
(2) OJ No L 374, 31.12.1987, p. 9. 
(3) OJ No L 374, 31.12.1987, p. 12. 
(4) OJ No L 374, 31.12.1987, p. 19. 
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1>> 
Whereas, in view of the competitive position of Community shipping, it would be 
inappropriate for the greater part of the contracts in this sector to be subject 
to detailed procedures; whereas the situation of shippers operating sea-going 
ferries should be kept under review; whereas certain inshore and river ferry 
services operated by public authorities should no longer be excluded from the 
scope of Directives 71/305/EEC and 77/62/EEC; 
Whereas it is appropriate to facilitate compliance with provisions relating; to 
activities not covered by this Directive; 
Whereas this Directive should not apply to procurement contracts which are 
declared secret or may affect basic State security interests or are concluded 
according to other rules set up by existing international agreements or 
international organizations; 
Whereas the Community's or the Member States' existing international obligations 
must not be affected by the rules of this Directive; 
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Whereas products, works or services must be described by reference to European 
specifications; whereas, in order to ensure that a product, work or service 
fulfils the use for which it is intended by the contracting entity, such 
reference may be complemented by specifications which do not change the nature of 
the technical solution or solutions set out in the European specification; 
Whereas the principles of equivalence and of mutual recognition of national 
standards, technical specifications and manufacturing methods are applicable in 
the field of application of this Directive; 
Whereas, when the contracting entities define by common accord with tenderers the 
deadlines for receiving tenders, they shall comply with the 
principle of non-discrimination, and whereas, if there is no such agreement, it 
is necessary to lay down suitable provisions; 
Whereas it could prove useful to provide for greater transparency as to the 
requirements regarding the protection and conditions of employment applicable in 
the Member State in which the works are to be carried out; 
Whereas it is appropriate that national provisions for regional development 
requirements to be taken into consideration in the award of public works 
contracts should be made to conform to the objectives of the Community and be in 
keeping with the principles of the Treaty; 
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nj 
Whereas contracting entities must not be able to reject abnormally low tenders 
before having requested in writing explanations as to the constituent elements of 
the tender: 
Whereas, within certain limits, preference should be given to an offer of 
Community origin where there are equivalent offers of third country origin; 
Whereas this Directive should not prejudice the position of the Community in any 
current or future international negotiations; 
Whereas, based on the results of such international negotiations, this Directive 
should be extendable to offers of third country origin, pursuant to a Council 
Decision; 
Whereas the rules to be applied by the entities concerned should establish a 
framework for sound commercial practice and should leave a maximum of 
flexibility; 
Whereas, as a counterpart for such flexibility and in the interest of mutual 
confidence, a minimum level of transparency must be ensured and appropriate 
methods adopted for monitoring the application of this Directive; 
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Whereas it is necessary to adapt Directives 71/305/EEC and lllbllttC to establish 
well-defined fields of application; whereas the scope of Directive 71/305/EEC 
should not be reduced, except as regards contracts in the water and 
telecommunications sectors; whereas the scope of Directive 77/62/EEC should not 
be reduced, except as regards certain contracts in the water sector; whereas the 
scope of Directives 71/305/EEC and 77/62/EEC should not, however, be extended to 
contracts awarded by carriers by land, air, sea, inshore or inland waterway 
which, although carrying out economic activities of an industrial or commercial 
nature, belong to the State administration; whereas, nevertheless, certain 
contracts awarded by carriers by land, air, sea, inshore or inland waterway which 
belong to the State administration and are carried out only for reasons of public 
service should be covered by those Directives; 
Whereas this Directive should be re-examined in the light of experience; 
Whereas the opening up of contracts, on 1 January 1993, in the sectors covered 
by this Directive might have an adverse effect upon the economy of the Kingdom of 
Spain; whereas the economies of the Hellenic Republic and the Portuguese Republic 
will have to sustain even greater efforts; whereas it is appropriate that these 
Member States be granted adequate additional periods to implement this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
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s)S 
TITLE I 
GENERAL PROVISIONS 
Article 1 
For the purposes of this Directive: 
(1) "public authorities" shall mean the State, regional or local authorities, 
bodies governed by public law, or associations formed by one or more of such 
authorities or bodies governed by public law. 
A body is considered to be governed by public law where it: 
- is established for the specific purpose of meeting needs in the general 
interest, not being of a commercial or industrial nature, and 
- has legal personality, and 
- is financed for the most part by the-State, or regional or local 
authorities, or other bodies governed by public law, or is subject to 
management supervision by those bodies, or has an administrative, 
managerial or supervisory board more than half of whose members are 
appointed by the State, regional or local authorities, or other bodies 
governed by public law; 
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•/& 
(2) "public undertaking" shall mean any undertaking over which the public 
authorities may exercise directly or indirectly a dominant influence by 
virtue of their ownership of it, their financial participation therein, or 
the rules which govern it. A dominant influence on the part of the public 
authorities shall be presumed when these authorities, directly or indirectly, 
in relation to an undertaking: 
- hold the major part of the undertaking's subscribed capital, or 
- control the majority of the votes attaching to shares issued by the 
undertaking, or 
- can appoint more than half of the members of the undertaking's 
administrative, managerial or supervisory body; 
(3) "supply and works contracts" shall mean contracts for pecuniary interest 
concluded in writing between one of the contracting entities referred to in 
Article 2 and a supplier or contractor and which have as their object: 
(a) in the case of supply contracts, the purchase, lease, rental or 
hire-purchase, with or without options to buy, of products or of software 
services. These contracts may in addition cover siting and installation 
operations. 
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Software services shall be covered by this definition where they are 
procured by a contracting entity exercising an activity defined in 
Article 2(2)(d) and are for use in the operation of a public 
telecommunications network or are intended to be used in a public 
telecommunications service as such; 
(b) in the case of works contracts, either the execution, or both the 
execution and design or the realization, by whatever means, of building 
or civil engineering activities referred to in Annex XI. These cpntracts 
may, in addition, cover supplies and services necessary for their 
execution. 
Contracts which include the provision of services other than those referred 
to in (a) and (b) shall be regarded as supply contracts if the total value of 
supplies, including siting and installation operations necessary for the 
execution of the contract and of software services within the meaning of 
subparagraph (a), is greater than the value of the other services covered by 
the contract; 
(4) "framework agreement" shall mean an agreement between one of the contracting 
entities defined in Article 2 and one or more suppliers or contractors, the 
purpose of which is to establish the terms, in particular with regard to the 
prices and, where appropriate, the quantity envisaged, governing the 
contracts to be awarded during a given period 
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1% 
(5) "tenderer" shall mean a supplier or contractor who submits a tender and 
"candidate" shall mean a person who has sought an invitation to take part in 
a restricted or negotiated procedure; 
(<>) "open, restricted and negotiated procedures" shall mean the award procedures 
applied by contracting entities whereby: 
(a) in the case of open procedures, all interested suppliers or contractors 
may submit tenders; 
(b) in the case of the restricted procedures, only candidates invited by the 
contracting entity may submit tenders; 
(c) in the case of negotiated procedures, the contracting entity consults 
suppliers or contractors of its choice and negotiates the terms of the 
contract with one or more of them; 
(7) "technical specifications" shall mean the technical requirements contained in 
particular in the tender documents, defining the characteristics of a set of 
works, material, product or supply, and enabling a piece of work, a material, 
a product or a supply to be objectively described in a manner such that it 
fulfils the use for which it is intended by the contracting entity. These 
technical prescriptions may include quality, performance, safety or 
dimensions, as well as requirements applicable to the material, product, or 
supply as regards quality assurance, terminology, symbols, testing and test 
methods, packaging, marking or labelling. In the case of works contracts, 
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AC, 
they may also include rules for the design and costing, the test, inspection 
and acceptance conditions for works and methods or techniques of 
construction and all other technical conditions which the contracting entity 
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; 
(8) "standard" shall mean a technical specification approved by a recognized 
standardizing body for repeated and continuous application, compliance with 
which is in principle not compulsory; 
(9) "European standard" shall mean a standard approved by the European Committer 
for Standardization (CEN) or by the European Committee for Electrotechnical 
Standardization (CENELEC) as a "European Standard (EN)" or "Harmonization 
Document (HD)", according to the Common Rules of those organizations, or by 
the European Telecommunications Standards Institute (ETSI) according to its 
own rules as a "European Telecommunications Standard (ETS)"; 
(10) "common technical specification" shall mean a technical specification drawn 
up in accordance with a procedure recognized by the Member States with a 
view to uniform application in all Member States and published in the 
Official Journal of the European Communities; 
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<?o 
(11) "European technical approval" shall mean a favourable technical assessment 
of the fitness for use of a product for a particular purpose, based on 
fulfilment of the essential requirements for building works, by means of the 
inherent characteristics of the product and the defined conditions of 
application and use, as provided for in Council Directive 89/106/EEC of 
21 December 1988 on the approximation of laws, regulations and 
administrative provisions of the Member States relating to construction 
products European technical approval shall be issued by an approval 
body designated for this purpose by the Member State; 
(12) "European specification" shall mean a common technical specification, a 
European technical approval or a national standard implementing a European 
standard; 
( 13) "public telecommunications network" shall mean the public telecommunications 
infrastructure which enables signals to be conveyed between defined network 
termination points by wire, by microwave, by optical means or by other 
electromagnetic means. 
"Network termination point" shall mean all physical connections and their 
technical access specifications which form part of the public 
telecommunications network and are necessary for access to, and efficient 
communication through, that public network; 
(14) "public telecommunications services" shall mean telecommunlcatIons 
services the provision of which the Member states have specifically 
assigned notably to one or more telecommunications entitles. 
"telecommunications services" shall mean services whose provision 
consists wholly or partly In the transmission and routing of signals 
on the public telecommunications network by means of 
telecommunications processes, with the exception of radio-broadcasting 
and television. 
(1) OJ No L 40, 11.2.1989, p. 12. 
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ZA 
Article 2 
1. This Directive shall apply to contracting entities which. 
(a) are public authorities or public undertakings and exercise one of the 
activities referred to in paragraph 2; 
(b) or, when they are not public authorities or public undertakings, have as one 
of their activities any of those referred to in paragraph 2 or any 
combination thereof and operate on the basis of special or exclusive rights 
granted by a competent authority of a Member State. 
2. Relevant activities for the purposes of this Directive shall be: 
': ^ lue provision or operation of fixed networks intended to provide a service to 
the public in connection with the production, transport or distribution of: 
(i) drinking water, or 
(i i) electricity; or 
(ii i) gas or heat ; 
or the supply of drinking water, electricity, gas or heat to such networks; 
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2Z 
(b) the exploitation of a geographical area for the purpose of: 
(i) exploring for or extracting oil, gas, coal or other solid fuels, or 
(ii) the provision of airport, maritime or inland port or other terminal 
facilities to carriers by air, sea or inland waterway; 
(c) the operation of networks providing a service to the public in the field 
of transport by railway, automated systems, tramway, trolley bus, bus or 
cable. 
As regards transport services, a network shall be considered to exist where 
the service is provided under operating conditions laid down by a competent 
authority of a Member State, such as conditions on the routes to be served", 
the capacity to be made available or the frequency of the service; 
(d) the provision or operation of public telecommunications networks or the 
provision of one or more public telecommunications services. 
.'•». For the purposes of applying paragraph Kb), special or exclusive rights 
shall mean rights deriving from authorizations granted by a competent authority 
of the Member State concerned, by law, regulation or administrative action, 
having as their result the reservation for one or more entities of the 
exploitation of an activity defined in paragraph 2. 
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2.3 
A contracting entity shall be considered to enjoy special or exclusive rights in 
particular where: 
(a) for the purpose of constructing the networks or facilities referred to in 
paragraph 2, it may take advantage of a procedure for the expropriation or 
use of property or may place network equipment on, under or over the public 
highway; 
(b) in the case of paragraph 2(a), the entity supplies with drinking water, 
electricity, gas or heat a network which is itself operatedby an entity 
enjoying special or exclusive rights granted by a competent authority of the 
Member State concerned. 
4. The provision of bus transport services to the public shall not be considered 
to be a relevant activity within the meaning of paragraph 2(c) where other 
entities are free to provide those services, either in general or in a particular 
geographical area, under the same conditions as the contracting entities. 
5. The supply of drinking water, electricity, gas or heat to networks which 
provide a service to the public by a contracting entity other than a public 
authority shall not be considered as a relevant activity within the meaning of 
paragraph 2(a) where: 
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(a) in the case of drinking water or electricity: 
- the production of drinking water or electricity by the entity concerned 
takes place because its consumption is necessary for carrying out an 
activity other than that referred to in paragraph 2, and 
- supply to the public network depends only on the entity's own consumption 
and has not exceeded 30% of the entity's total production of drinking water 
or energy, having regard to the average for the preceding three years, 
including the current year; 
(b) in the case of gas or heat: 
- the production of gas or heat by the entity concerned is the unavoidable 
consequence of carrying on an activity other than that referred to in 
paragraph 2, and 
- supply to the public network is aimed only at the economic exploitation of 
such production and amounts to not more than 20* °f the entity's turnover 
having regard to the average for the preceding 3 years, including the 
current year. 
6. The contracting entities listed in Annexes I to X shall fulfil the criteria 
set out above. In order to ensure that the lists are as exhaustive as possible. 
Member States shall notify the Commission of amendments to their lists. The 
Commission shall revise Annexes I to X in accordance with the procedure in 
Article 32. 
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zs 
Article 3 
I. Member States may request the Commission to provide that exploitation of 
geographical areas for the purpose of exploring for, or extracting, oil, gas, 
coal or other solid fuels shall not be considered to be an activity defined in 
Article 2(2)(b)(i) and that entities shall not be considered as operating under 
special or exclusive rights within the meaning of Article 2(3)(b) by virtue of 
carrying on one or more of these activities, provided that all the following 
conditions are satisfied with respect to the relevant national provisions 
concerning such activities: 
(a) at the time when authorization to exploit such a geographical area is 
requested, other entities shall be free to seek authorization for that 
purpose under the same conditions as the contracting entities; 
(b) the technical and financial capacity of entities to engage in particular 
activities shall be established prior to any evaluation of the merits of 
competing applications for authorization; 
(c) authorization to engage in those activities shall be granted on the basis of 
objective criteria concerning the way in which it is intended to carry out 
the exploitation or extraction, which shall be established and published 
prior to the requests and applied in a non-discriminatory manner; 
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(d) all conditions and requirements concerning the carrying out or termination of 
the activity, including provisions on operating obligations, royalties, and 
participation in the capital or revenue of the entities, shall be established 
and made available prior to the requests for authorization being made and 
then applied in a non-discriminatory manner; every change concerning these 
conditions and requirements shall be applied to all the entities concerned, 
or else amendments must be made in a non-discriminatory manner; however, 
operating obligations need not be established until immediately before the 
authorization is granted; and 
(e) contracting entities shall not be required by any law, regulation, 
administrative requirement, agreement or understanding to provide information 
on a contracting entity's intended or actual sources of procurement, except 
at the request of national authorities and exclusively with a view to the 
objectives mentioned in Article 36 of the Treaty. 
2. Member States which apply the provisions of paragraph 1 shall ensure, through 
the conditions of the authorization or other appropriate measures, that any 
entity: 
(a) observes the principles of non-discrimination and competitive procurement in 
respect of the award of supplies and works contracts, in particular as 
regards the information that the entity makes available to undertakings 
concerning its procurement intentions; 
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2? 
(b) communicates to the Commission, under conditions to be defined by the latter 
in accordance with Article 32, information relating to the award of 
contracts. 
3. As regards individual concessions or authorizations granted before the date 
on which Member States apply this Directive in accordance with Article 37, 
paragraphs 1(a), (b) and (c) shall not apply, provided that at that date other 
entities are free to seek authorization for the exploitation of geographical 
areas for the purpose of exploring for or extracting oil, gas, coal or other 
solid fuels, on a non-discriminatory basis and in the light of objective 
criteria. Paragraph 1(d) shall not apply as regards conditions or requirements 
established, applied or amended before the date referred to above. 
4. A Member State which wishes to apply paragraph 1 shall inform the Commission 
accordingly. In doing so, it shall inform the Commission of any law, regulation 
or administrative provision, agreement or understanding relating to compliance 
with the conditions referred to in paragraphs 1 and 2. 
22 -
?<*-
The Commission shall take a decision in accordance with the procedure laid down 
in Article 32(4) to (7). It shall publish its decision, giving its reasons, in 
the Official Journal of the European Communities. 
It shall forward to the Council each year a report on the implementation of this 
Article and review its applicaiton in the framework of the report provided for in 
Article 36. 
Article 4 
1. When awarding supply or works contracts, the contracting entities shall apply 
procedures which are adapted to the provisions of this Directive. 
2. Contracting entities shall ensure that there is no discrimination between 
different suppliers or contractors. 
3. In the context of provision of technical specifications to interested 
suppliers and contractors, of qualification and selection of suppliers or 
contractors and of award of contracts, contracting entities may impose 
requirements with a view to protecting the confidential nature of information 
which they make available. 
- 23 -
?$ 
4. The provisions of this Directive shall not limit the right of suppliers or 
contractors to require a contracting entity, in conformity with national law, to 
respect the confidential nature of information which they make available. 
Article 5 
1. Contracting entities may regard a framework agreement as a contract within 
the meaning of Article 1(3) and award it in accordance with this Directive. 
2. Where contracting entities have awarded a framework agreement in accordance 
with this Directive, they may avail themselves of Article 15(2)(i) when awarding 
contracts based on that agreement. 
3. Where a framework agreement has not been awarded in accordance with this 
Directive, contracting entities may not avail themselves of Article 15(2)(i). 
4. Contracting entities may not misuse framework agreements in order to hinder, 
limit or distort competition. 
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3o 
Article 6 
1. This Directive shall not apply to contracts which the contracting entities 
awaid for purposes other than the pursuit of their activities as described in 
Article 2(2) or for the pursuit of such activities in a non-member 
country, in conditions not involving the physical use of a network or geographical 
area within the Community. 
2. However, this Directive shall apply to contracts awarded on behalf of the 
entities which exercise an activity referred to in Article 2(2)(a)(i) and which: 
(a) are connected with hydraulic engineering projects, irrigation or land 
drainage, provided that the volume of water intended for the supply of 
drinking water represents more than 20% of the total volume of water made • 
available by these projects or irrigation or drainage installations, or 
(b) are connected with the disposal or treatment of sewage. 
3. The contracting entitles shall notify the Commission of any activities 
they regard as covered by the above exclusion. The Commission shalI 
periodically publish lists of the activities which It considers to be 
covered by this exclusion, for information In the Official Journal of the 
European Communities. In so doing, the Commission shall take account of any 
sensitive commercial aspects the contracting entitles may point out when 
forwarding this information. 
- 25 -
31 
Article 7 
1. The provisions of this Directive shall not apply to contracts awarded for 
purposes of re-sale or hire to third parties, provided that the contracting 
entity enjoys no special or exclusive right to sell or hire the subject of such 
contracts and other entities are free to sell or hire it under the same 
conditions as the contracting entity. 
2. The contracting entities shall notify the Commission at its request of all 
the categories of products they regard as excluded under paragraph 1. The 
Commission may periodically publish lists of the categories of activities which 
it considers to be covered by this exclusion, for information in the Official 
Journal of the European Communities. In so doing, the Commission shall respect 
any sensitive commercial aspects the contracting entities may point out when 
forwarding this information. 
Article 8 
1. This Directive shall not apply to contracts which contracting entities 
exercising an activity described in Article 2(2)Id) award for purchases intended 
exclusively to enable them to provide one or more telecommunications services 
where other entities are free to offer the same services in the same geographical 
area and under substantially the same conditions. 
- 26 -
32 
2. The contracting entities shall notify the Commission at its request of any 
services they regard as covered by the exclusion referred to in paragraph 1. The 
Commission may periodically publish the list of services which it considers to be 
covered by this exclusion, for information in the Official Journal of the 
European Communities. In so doing, the Commission shall respect any sensitive 
commercial aspects the contracting entities may point out when forwarding this 
information. 
Article 9 
1. This Directive shall not apply to: 
(a) contracts which the contracting entities listed in Annex I award for the 
purchase of water; 
(b) contracts which the contracting entities specified in Annexes II, III, IV and 
V award for the supply of energy or of fuels for the production of energy. 
2. The Council shall re-examine the provisions of paragraph 1 when it has before 
it a report from the Commission together with appropriate proposals. 
Article 10 
This Directive shall not apply to contracts when they are declared to be secret 
by the Member States, when their execution must be accompanied by special 
security measures in accordance with the laws, regulations or administrative 
provisions in force in the Member State concerned or when the protection of the 
basic security interests of that State so requires. 
- 27 -
31 
Article 11 
This Directive shall not apply to contracts governed by different procedural 
rules and awarded: 
1) pursuant to an international agreement concluded in conformity with the Treaty 
between a Member State and one or more third countries and covering supplies 
or works 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 , as last amended by Decision 77/63/EEC 
or, in the case of agreements governing contracts awarded by entities 
exercising an activity defined in Article 2(2)(d), the Advisory Committee on 
Telecommunications Procurement referred to in Article 31; 
2) to undertakings in a Member State or a third country in pursuance of an 
international agreement relating to the stationing of troops; 
3) pursuant to the particular procedure of an international organization. 
(1) OJ No L 185, 16.8.1971, p. 15. 
(2) OJ No L 13, 15.1.1977, p. 15. 
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3y 
Article 12 
1. This Directive shall apply to contracts whose estimated value, net of VAT, is 
not less than: 
(a) ECU 400 000 in the case of supply contracts awarded by entities exercising an 
activity defined in Article 2(2)(a), (b) and (c); 
(b) ECU 600 000 in the case of supply contracts awarded by entities exercising an 
activity defined in Article 2(2)(d); 
(c) ECU 5 000 000 in the case of works contracts. 
2. In. the case of supply contracts for lease, rental or hire-purchase, the basis 
for calculating the contract value shall be: 
(a) in the case of fixed-term contracts, where their term is twelve months or 
less, the estimated total value for the contract's duration, or, where their 
term exceeds twelve months, the contract's total value including the 
estimated residual value; 
(b) in the case of contracts for an indefinite period or in cases where there is 
doubt as to the duration of the contracts, the anticipated total instalments 
to be paid in the first four years. 
3. Where a proposed supply contract expressly specifies option clauses, the 
basis for calculating the contract value shall be the highest possible total 
purchase, lease, rental or hire-purchase permissible, inclusive of the option 
clauses. 
- 29 -
3s 
4. In the case of a procurement of supplies over a given period by means of a 
series of contracts to be awarded to one or more suppliers or of contracts which 
are to be renewed, the contract value shall be calculated on the basis of: 
(a) the total value of contracts which had similar characteristics awarded over 
the previous fiscal year or twelve months, adjusted where possible for 
anticipated changes in quantity or value over the subsequent twelve months; 
(b) or the aggregate value of contracts to be awarded during the twelve months 
following the first award or during the whole term of the contract, where 
this is longer than twelve months. 
5. The basis for calculating the value of a framework agreement shall be the 
estimated maximum value of all the contracts envisaged for the period in 
question. 
6. The basis for calculating the value of a works contract for the purposes of 
paragraph 1 shall be the total value of the work. "Work" shall mean the building 
and engineering activities taken as a whole that are intended to fulfil an 
economic function by themselves. 
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3é> 
In particular, where a supply or work is the subject of several lots, the value 
of each lot shall be taken into account when assessing the value referred to in 
paragraph 1. Where the aggregate value of the lots equals or exceeds the value 
laid down in paragraph 1, that paragraph shall apply to all the lots. However, 
in the case of works contracts, contracting entities may derogate from 
paragraph 1 in respect of lots whose estimated value net of VAT is less than 
ECU 1 000 000, provided that the aggregate value of those lots does not exceed 
20% of the overall value of the lots. 
7. For the purposes of paragraph 1, contracting entities shall include in the 
estimated value of a works contract the value of any supplies or services 
necessary for the execution of the contract which they make available to the 
contractor. 
8. The value of supplies which are not necessary for the execution of a 
particular works contract may not be added to that of the contract with the 
result of avoiding application of this Directive to the procurement of those 
supplies. 
9. Contracting entities may not circumvent this Directive by splitting contracts 
or using special methods of calculating the value of contracts. 
- 3^ -
39-
TITLE II 
TECHNICAL SPECIFICATIONS AND STANDARDS 
Article 13 
1. Contracting entities shall include the technical specifications in the 
general documents or the contract documents relating to each contract. 
2. The technical specifications shall be defined by reference to European 
specifications where these exist. 
3. In the absence of European specifications, the technical specifications 
should as far as possible be defined by reference to other standards having 
currency within the Community. 
4. Contracting entities shall define such further requirements as are necessary 
to complement European specifications or other standards. In doing so, 
they shall prefer specifications that indicate performance requirements rather 
than design or description characteristics unless the contracting entity has 
objective reasons for considering that such specifications are inadequate for the 
purposes of the contract. 
- 32 -
3 
5. Technical specifications which mention goods of a specific make or source or 
of a particular process, and which have the effect of favouring or eliminating 
certain undertakings, shall not be used unless such specifications are 
indispensable for the subject of the contract. In particular, the indication of 
trade marks, patents, types, or specific origin or production shall be 
prohibited; however, such an indication accompanied by the words "or equivalent" 
shall be authorized where the subject of the contract cannot otherwise be 
described by specifications which are sufficiently precise and fully intelligible 
to all concerned. 
6. Contracting entities may derogate from paragraph 2 if: 
(a) it Is technically Impossible to establish satisfactorily the 
conformity of a product with these European specifications. 
(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 , or of Council Decision 87/95/EEC of 22 December 1986 on 
standardization in the field of information technology and 
(2) telecommunications ; 
(1) OJ No L 217, 5.8.1986, p. 21. 
(2) OJ No L 36, 7.2.1987, p. 31. 
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3<=? 
(c) in the context of adapting existing practice to take account of European 
specifications, use of these specifications would oblige the contracting 
entity to acquire supplies incompatible with equipment already in use or 
would entail disproportionate cost or disproportionate technical difficulty. 
Contracting entities which have recourse to this derogation 
shall do so only as part of a clearly defined and recorded strategy with <• 
view to a change-over to European specifications; 
(d) the relevant European specification is inappropriate for the particular 
application or does not take account of technical developments which have 
come about since its adoption. Contracting entities which have recourse to 
this derogation shall inform the appropriate standardizing organization, or 
any other body empowered to review the European specification, of the reasons 
why they consider the European specification to be inappropriate and shall 
request its revision; 
(e) the project is of a genuinely innovative nature for which use of European 
specifications would not be appropriate. 
7. Notices published pursuant to Article 16(1)(a) or Article 16(2)(a) shall 
indicate any recourse to the derogations referred to in paragraph 6. 
8. This Article shall be without prejudice to compulsory technical rules insofar 
as these are compatible with Community law. 
- 34 
Mo 
Article 14 
1. Contracting entities shall make available on demand to suppliers or 
contractors interested in obtaining a contract the technical specifications 
regularly referred to in their supply or works contracts or the technical 
specifications which they intend to apply to contracts covered by periodic 
information notices within the meaning of Article 17. 
2. Where such technical specifications are based on documents available to 
interested suppliers or contractors, a reference to those documents shall be 
sufficient. 
TITLE III 
PROCEDURES FOR THE AWARD OF CONTRACTS 
Article 15 
1. Contracting entities may choose any of the procedures described in 
Article 1(6), provided, subject to paragraph 2, a call for competition has been 
made in accordance with Article 16. 
- 35 -
u) 
2. Contracting entities may use a procedure without prior call for competition 
in the following cases: 
(a) in the absence of tenders or suitable tenders in response to a procedure with 
a prior call for competition, provided that the original contract condition? 
have not been substantially changed; 
(b) where a contract is purely for the purpose of research, experiment, study or 
development and not for the purpose of ensuring profit or of recovering 
research and development costs; 
(c) when, for technical or artistic reasons, or for reasons connected with 
protection of exclusive rights, the contract may be executed only by a 
particular supplier or contractor; 
(d) insofar as is strictly necessary when, for reasons of extreme urgency brought 
about by events unforeseeable by the contracting entities, the time limits 
laid down for open and restricted procedures cannot be adhered to; 
(e) in the case of supply contracts for additional deliveries by the original 
supplier which are intended either as a partial replacement of normal 
supplies or installations or as the extension of existing supplies or 
installations, where a change of supplier would oblige the contracting entity 
to acquire material having different technical characteristics which would 
result in incompatibility or disproportionate technical difficulties in 
operation and maintenance; 
- 36 -
(f) for additional works not included in the project initially awarded or in the 
contract first concluded but which have, through unforeseen circumstances, 
become necessary for the execution of the contract, on condition that the 
award is made to the contractor executing the original contract: 
- when such additional works cannot be technically or economically separated 
from the main contract without great inconvenience to the contracting 
enti ties; 
- or when such additional works, although separable from the execution of the 
original contract, are strictly necessary to its later stages; 
(g) in the case of works contracts, for new works consisting of the repetition of 
similar works entrusted to the contractor to which the same contracting 
entities awarded an earlier contract, provided that such works conform to a 
basic project for which a first contract was awarded after a call for 
competition. As soon as the first project is put up for tender, notice must 
be j'.iven that this procedure might be adopted and the total estimated cost of 
subsequent works shall be taken into consideration by the contracting 
entities when they apply the provisions of Article 12; 
(h) for supplies quoted and purchased on a commodity market; 
(i) for contracts to be awarded on the basis of a framework agreement, provided 
that the condition referred to in Article 5(2) is fulfilled; 
- 37 -
^3 
(j) for bargain purchases, where it is possible to procure supplies taking 
advantage of a particularly advantageous opportunity available for a very 
short space of time at a price considerably lower than normal markei prices; 
(k) for purchases of goods under particularly advantageous conditions either from 
a supplier definitively winding up his business activities or from the 
receivers or liquidators of a bankruptcy, an arrangement with creditors or a 
similar procedure under national laws or regulations. 
Article 16 
1. A call for competition may be made: 
(a) by means of a notice drawn up in accordance with Annex XII A, B or C, or 
(b) by means of a periodic indicative notice drawn up in accordance with 
Annex XIV, or 
(c) by means of a notice on the existence of a qualification system drawn up in 
accordance with Annex XIII. 
- 38 -
2. When a call for competition is made by means of a periodic indicative notice: 
(a) the notice must refer specifically to the supplies or works which will be the 
subject of the contract to be awarded; 
(b) the notice must indicate that the contract will be awarded by restricted or 
negotiated procedure without further publication of a notice of a call for 
competition and invite interested undertakings to express their interest in 
writing; 
(c) contracting entities shall subsequently invite all candidates to confirm 
their interest on the basis of detailed information on the contract concerned 
before beginning the selection of tenderers or participants in negotiations. 
3. When a call for competition is made by means of a notice on the existence of 
a qualification system, tenderers in a restricted procedure or participants in a 
negotiated procedure shall be selected from the qualified candidates in 
accordance with such a system. 
4. The notices referred to in this Article shall be published in the Official 
Journal of the European Communities. 
- 39 -
vs 
Article 17 
1. Contracting entitles shall make known, at least once a year , by 
means of a periodic Indicative notice: 
(a) in the case of supply contracts, the total of the contracts for each product 
area of which the estimated value, taking into account the provisions of 
Article 12, is equal to or greater than ECU 750 000, and which they intend t < 
award over the following twelve months; 
(b) in the case of works contracts, the essential characteristics of the works 
contracts which the contracting entities intend to award, the estimated value 
of which is not less than the threshold laid down in Article 12(1). 
2. The notice shall be drawn up in accordance with Annex XIV and published in 
the Official Journal of the European Communities. 
3. Where the notice Is used as a means of calling for competition In 
accordance with Article 16(1 Mb)t It must have been published not more than 
12 months prior to the date on which the invitation referred to in Article 
16(2)(c) Is sent. Moreover, the contracting entity shall meet the deadlines 
Jaid down In Ar11cIe ^UTTT: • — 
4. Contracting entities may, in particular, publish periodic indicative notices 
relating to major projects without repeating information previously included in a 
periodic indicative notice, provided it is clearly stated that such notices are 
additional notices. 
- 40 
VG 
Article 18 
1. Contracting entities which have awarded a contract shall communicate to the 
Commission, within two months of the award of the contract and under conditions 
to be laid down by the Commission in accordance with the procedure laid down in 
Article 32, the results of the awarding procedure by means of a notice drawn up 
in accordance with Annex XV. 
2. Information provided under Section I of Annex XV shall be published in the 
Official Journal of the European Communities. In this connection the Commission 
shall respect any sensitive commercial aspects the contracting entities may point 
out when forwarding this information in connection with points 6 and 9 of 
Annex XV. 
3. Information provided under Section II of Annex XV must not be published 
except, in aggregated form, for statistical purposes. 
Article 19 
1. The contracting entities must be able to supply proof of the date of dispatch 
of the notices referred to in Articles 15 to 18. 
- 41 -
V? 
2. The notices shall be published in full in their original language in the 
Official Journal of the European Communities and in the TED data bank. A summary 
of the important elements of each notice shall be published in the other official 
languages of the Community, the original text alone being authentic. 
3. The Office for Official Publications of the European Communities shall 
publish the notices not later than twelve days after their dispatch. In 
exceptional cases it shall endeavour to publish the notice referred to in 
Article 16(1)(a) within five days in response to a request by the contracting 
entity and provided the notice has been sent to the Office by electronic mail, 
telex or telefax. Each edition of the Official Journal of the European 
Communities which contains one or more notices shall reproduce the model notice 
or notices on which the published notice or notices are based. 
4. The cost of publication of the notices in the Official Journal of the 
European Communities shall be borne by the Communities. 
5. Contracts in respect of which a notice is published in the Official Journal 
of the European Communities pursuant to Article 16(1) shall not be published in 
any other way before that notice has been dispatched to the Office for Official 
Publications of the European Communities. Such publication shall not contain 
information other than that published in the Official Journal of the European 
Communi ties. 
- 42 
V8 
Article 20 
1. In open procedures the time limit for the receipt of tenders shall be fixed 
by contracting entities at not less than 52 days from the date of dispatch of the 
notice. This time limit may be shortened to 36 days where contracting entities 
have published a notice in accordance with Article 17(1). 
2. In restricted procedures and in negotiated procedures with a prior call for 
competition, the following arrangements shall apply: 
(a) the time limit for receipt of requests to participate, in response to a 
notice published in accordance with Article 16(1)(a) or in response to an 
invitation from a contracting entity in accordance with Article 16(2)(c), 
shall, as a general rule, be at least five weeks from the date of dispatch" of 
the notice and shall in any case not be less than the time limit for 
publication laid down in Article 19(3) plus 10 days; 
(b) the time limit for receipt of tenders may be fixed by mutual agreement 
between the contracting entity and the selected candidates, provided that all 
tenderers are given equal time to prepare and submit tenders; 
- 43 -
V5 
(c) where it is not possible to reach agreement on the time limit for the receipt 
of tenders, the contracting entity shall fix a time limit which shall, as a 
general rule, be at least three weeks and shall in any case not be less than 
10 days from the date of the invitation to tender; the time allowed shall be 
sufficiently long to take account in particular of the factors mentioned in 
Article 22(3). 
Article 21 
In the contract documents, the contracting entity may ask the tenderer to 
indicate in his tender any share of the contract he may intend to subcontract to 
third parties. 
This indication shall be without prejudice to the question of the principal 
contractor's responsibility. 
Article 22 
1. Provided they have been requested in good time, the contract documents and 
supporting documents must be sent to the suppliers or contractors by the 
contracting entities as a general rule within six days of receipt of the 
application. 
2. Provided it has been requested in good time, additional information relating 
to the contract documents shall be supplied by the contracting entities not later 
than six days before the final date fixed for receipt of tenders. 
- 44 -
s. 
3. Where tenders require the examination of voluminous documentation such as 
lengthy technical specifications, a visit to the site or an on-the-spot 
inspection of the documents supporting the contract documents, this shall be 
taken into account in fixing the appropriate time limits. 
4. Contracting entities shall invite the selected candidates simultaneously and 
in writing. The letter of invitation shall be accompanied by the contract 
documents and supporting documents. It shall include at least the following 
information: 
(a) the address from which any additional documents can be requested, the final 
date for such requests and the amount and methods of payment of any sum to be 
paid for such documents; 
(b) the final date for receipt of tenders, the address to which they must be sent 
and the language or languages in which they must be drawn up; 
(c) a reference to any tender notice published; 
(d) an indication of any document to be annexed; 
(e) the criteria for the award of the contract if these are not given in the 
notice; 
(i) any other special condition for participation in the contract. 
- 45 -
^ 
5. Requests for participation in contracts and invitations to tender must be made 
by the most rapid means of communication possible. When requests to 
participate are made by telegram, telex, telefax, telephone or any electronic 
means, they must be confirmed by letter dispatched before the expiry of the 
time limit referred to in Article 20(1) or of the time limits set by 
contracting entities pursuant to Article 20(2). 
Article 23 
1. The contracting entity may state in the contract documents, or be obliged by 
a Member State so to do, the authority or authorities from which a tenderer 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 works are to be executed and which shall 
be applicable to the works carried out on site during the performance of the 
contract. 
2. A contracting entity 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 work is to be carried out. 
This shall be without prejudice to the application of the provisions of 
Article 27(5) concerning the examination of abnormally low tenders. 
- 46 
sz 
TITLE IV 
QUALIFICATION, SELECTION AND AWARD 
Article 24 
1. Contracting entities which so wish may establish and operate a system of 
qualification of suppliers or contractors. 
2. The system, which may involve different qualification stages, shall operate 
on the basis of objective rules and criteria to be established by the contracting 
entity. The contracting entity shall use European standards as a reference where 
they are appropriate. These rules and criteria may be updated as required. 
3. The rules and criteria for qualification shall be made available on request 
to interested suppliers or contractors. The updating of these criteria and rules 
shall be communicated to the interested suppliers and contractors. Where a 
contracting entity considers that the qualification or certification system of 
certain third entities or bodies meet its requirements, it shall communicate to 
interested suppliers and contractors the names of such third entities or bodies. 
4. Contracting entities shall inform applicants of their decision as to 
qualification within a reasonable period. If the decision will take longer than 
six months from the presentation of an application, the contracting entity shall 
inform the applicant, within two months of the application, of the reasons 
justifying a longer period and of the date by which its application will be 
accepted or refused. 
- 47 
^J 
5. In reaching their decison as to qualification or when the criteria and rules 
are being updated, contracting entities may not: 
- impose conditions of an administrative, technical or financial nature on some 
suppliers or contractors that are not imposed on others; 
- require tests or proof that duplicate objective evidence already available. 
6. Applicants whose qualification is refused shall be informed of this decision 
and the reasons for refusal. The reasons must be based on the criteria for 
qualification referred to in paragraph 2. 
7. A written record of qualified suppliers or contractors shall be kept, and it 
may be divided into categories according to the type of contract for which the 
qualification is valid. 
8. Contracting entities may bring the qualification of a supplier or contractor 
to an end only for reasons based on the criteria referred to in paragraph 2. The 
intention to bring qualification to an end must be notified in writing to the 
supplier or contractor beforehand, together with the reason or reasons justifying 
the proposed action. 
- 48 
r 
9. The qualification system shall be the subject of a notice drawn up in 
accordance with Annex XIII and published in the Official Journal of the European 
Communities, indicating the purpose of the qualification system and 
the availability of the rules concerning its operation. Where the system is of a 
duration greater than three years, the notice shall be published annually. Where 
the system is of a shorter duration, an initial notice shall suffice. 
Article 25 
1. Contracting entities which select candidates to tender in restricted 
procedures or to participate in negotiated procedures shall do so according to 
objective criteria and rules which they lay down and which they shall make 
available to interested suppliers or contractors. 
2. The criteria used may include the criteria for exclusion specified in 
Article 23 of Directive 71/305/EEC and in Article 20 of Directive 77/62/EEC. 
3. The criteria may be based on the objective need of the contracting entity to 
reduce the number of candidates to a level which is justified by the need to 
balance the particular characteristics of the contract award procedure and the 
resources required to complete it. The number of candidates selected must, 
however, take account of the need to ensure adequate competition. V 
- 49 -
5 J-
Article 26 
Groupings of suppliers or contractors shall be permitted to tender or negotiate. 
The conversion of such groupings into a specific legal form shall not be required 
in order to submit a tender or to negotiate, but the grouping selected may be 
required so to convert itself once it has been awarded the contract where such 
conversion is necessary for the proper performance of the contract. 
Article 27 
1. The criteria on which the contracting entities shall base the award of 
contracts shall be: 
(a) the most economically advantageous tender, involving various criteria 
depending on the contract in question, such as: delivery or completion date, 
running costs, cost-effectiveness, quality, aesthetic and functional 
characteristics, technical merit, after-sales service and technical 
assistance, commitments with regard to spare parts, security of supplies and 
price, or 
(b) the lowest price only. 
2. In the case referred to in paragraph 1(a), contracting entities shall state 
in the contract documents or in the tender notice all the criteria they intend to 
apply to the award, where possible in descending order of importance. 
- 50 -
^<r 
3. Where the criterion for the award of the contract is that of the most 
economically advantageous tender, contracting entities may take account of 
variants which are submitted by a tenderer and meet the minimum specifications 
required by the contracting entities. Contracting entities shall state in the 
contract documents the minimum specifications to be respected by the variants 
and any specific requirements for their presentation. Where variants are not 
permitted, they shall so indicate in the contract documents. 
4. Contracting authorities may not reject the presentation of a variant on the 
sole ground that it was drawn up on the basis of technical specifications defineo 
with reference to European specifications or to national technical specifications 
recognized as complying with the essential requirements within the meaning of 
Directive 89/106/EEC. 
5. If, for a given contract, tenders appear abnormally low in relation to the 
services, the contracting entity shall, before it may reject those tenders, 
request in writing details of the constituent elements of the tender which it 
considers relevant and shall verify those constituent elements taking account of 
the explanations received. It may set a reasonable period within which to reply. 
The contracting entity may take into consideration explanations which are 
justified on objective grounds relating co the economy of the construction or 
production method, or the technical solutions chosen, or the exceptionally 
favourable conditions available to the tenderer for the execution of the 
contract, or the originality of the product or the work proposed by the tenderer. 
- 51 -
^ 
Contracting entities 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. Contracting entities which reject a tender under these 
circumstances shall inform the Commission thereof. 
Article 28 
1. Article 27(1) shall not apply where a Member State bases the award of 
contracts on other criteria within the framework of rules in force at the time of 
adoption of this Directive whose aim is to give preference to certain tenderers, 
provided the rules invoked are compatible with the Treaty. 
2. Without prejudice to paragraph 1. this Directive shall not prevent, until 
31 December 1992, the application of national provisions in force on the award of 
supply or works contracts which have as their objective the reduction of regional 
disparities and the promotion of job creation in disadvantaged regions or those 
suffering from industrial decline, provided that the provisions concerned are 
compatible with the Treaty and with the Community's international obligations. 
- 52 
sg 
Ail l c J 
1^. This article shall apply to tenders from third countries with which the 
Community has not concluded multIlateraIly or bilaterally, an agreement 
ensuring comparable and effective access for Community undertakings to the 
markets of those third countries. It is without prejudice to the 
obligations of the Community or Its Member States In respect of third 
countrles. 
2. Any tender made for the award of a supply contract may be rejected 
where the proportion of the products originating in third 
countries determined in accordance with Council Regulation (EEC) No. 802/68 
of 27 June 1968 on the common definition of the concept of the origine of 
goods<1>, in the total value of the products constituting the tender 
exceeds 50%. For the purposes of this Article, software used in the 
equipment of telecommunication networks shall be considered as products. 
3. Subject to paragraph 4, where two or more tenders are equivalent in 
the light of the award criteria defined In Article 27, preference shall be 
given to the tenders which may not be rejected pursuant to paragraph 2. 
The prices of tenders shall be considered equivalent for the 
purposes of this Article, if the price difference does not exceed 3%. 
jL However, a tender shall not be preferred to another pursuant to 
paragraph 3 where Its acceptance would oblige the contracting entity to 
acquire material having technical characteristics different from those of 
ex 1sting materlal, resulting In IncompatIblMty or technical difficulties 
in operation and maintenance, or disproportionate costs. 
( M OJ No L 148. 28. 6.1968, p. 1 
- 53 -
S3 
5. For the purposes, In this Article, of_ determining the proportIon 
referred to in paragraph 2 of products originating In third countries 
those third countries to which the benefit of the provisions of this 
Directive has been extended by a Council decision in accordance with 
paragraph 1 shall not be taken Into account. 
6. The Commission shall submit an annual report to the Council (for the 
first time in the second half of 1991) on progress made In multilateral or 
bilateral negotiations regarding access for Community undertakings to the 
markets of third countries In the fields covered by this Directive, on any 
result which such negotiations may have achieved, and on the implementation 
In practice of all the agreements which have been concluded. 
The Council, acting by a qualified majority on a proposal from the 
Commission, may amend the provisions of this Article in the light of such 
developments. 
- 54 -
G O 
TITLE V 
FINAL PROVISIONS 
Article 30 
1. The value in national currencies of the thresholds specified in Article 12 
shall in principle be revised every two years with effect from the date provided 
for in Directive 77/62/EEC as far as the thresholds for supply and software 
service contracts are concerned and from the date provided for in 
Directive 71/305/EEC as far as the thresholds for works contracts are concerned. 
The calculation of such value shall be based on the average daily values of those 
currencies expressed in ECU over the 24 months terminating on the last day of 
October preceding the rev-ision with effect from 1 January. The values shall be 
published in the Official Journal of the European Communities at the beginning of 
November. 
2. The method of calculation laid down in paragraph 1 shall be examined pursuant 
to the provisions of Directive 77/62/EEC. 
Article 31 
I. The Commission shall be assisted, as regards procurement by the contracting 
entities exercising an activity defined in Article 2(2)(d), by a Committee of 
anadvisory nature which shall be the Advisory Committee on Telecommunications 
Procurement. The Committee shall be composed of representatives of the Member 
States and chaired by a representative of the Commission. 
- 55 -
SI 
2. The Commission shall consult this Committee on 
(a) amendments to Annex X; 
(b) revision of the currency values of the thresholds; 
(c) the rules concerning contracts awarded under international agreements; 
(d) the review of the application of this Directive; 
(e) the procedures described in Article 32(2) relating to notices and statistical 
accounts. 
Article 32 
1. Annexes I to X shall be revised in accordance with the procedure laid down in 
paragraphs 3 to 7 with a view to ensuring that they fulfil the criteria of 
Article 2. 
2. The conditions for the presentation, dispatch, reception, translation, 
keeping and distribution of the notices referred to in Articles 16, 17 and 18 and 
of the statistical reports provided for in Article 34 shall be established, for 
the purposes of simplification, in accordance with the procedure laid down in 
paragraphs 3 to 7. 
3. The revised Annexes and the conditions referred to in paragraphs 1 and 2 
shall be published in the Official Journal of the European Communities. 
- 56 -
Gc 
4. The Commission shall be assisted by the Advisory Committee for Public 
Contracts and, in the case of the revision of Annex X, by the Advisory Committee 
on Telecommunications Procurement provided for in Article 31 of this Directive. 
5. The Commission representative shall submit to the Committee a draft of the 
decisions 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. 
6. The opinion shall be recorded in the minutes; in addition, each Member State 
shall have the right to ask for its position to be recorded in the minutes. 
7. 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. 
Article 33 
1. Contracting entities shall keep appropriate information on each contract 
which shall be sufficient to permit them at a later date to justify decisions 
taken in connection with: 
(a) the qualification and selection of contractors or suppliers and award of 
contracts ; 
(b) recourse to derogations from the use of European specifications in accordance 
with Article 13(6); 
- 57 -
63 
(c) use of procedures without prior call for competition in accordance with 
Article 15(2); 
(d) non-application of Titles II, III and IV in accordance with the derogations 
provided for in Title 1. 
2. The information shall be kept for at least 4 years from the date of award of 
the contract so that the contracting entity will be able, during that period, to 
provide the necessary information to the Commission if it so requests. 
Article 34 
1. The Member States shall ensure that each year, in accordance with the 
arrangements to be laid down under the procedure provided for in Article 32(3) 
to (7), the Commission receives a statistical report concerning the total value, 
broken down by Member State and each category of activity to which Annexes I to X 
refer, of the contracts awarded below the thresholds defined in Article 12 which 
would, if they were not below those thresholds, be covered by this Directive. 
2. Arrangements shall be fixed in accordance with the procedure referred to in 
Article 32 to ensure that: 
(a) in the interests of administrative simplification, contracts of lesser value 
may be excluded, provided that the usefulness of the statistics is not 
jeopardized; 
(b) the confidential nature of the information provided is respected. 
- 58 -
6y 
Article 35 
1. Article 2(2) of Directive 77/62/EEC is hereby replaced by the following: 
"2. This Directive shall not apply to: 
(a) contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of 
Council Directive 90/.../EEC of on the procurement procedures of 
entities operating in the water, energy, transport and telecommunications 
sectors (+) or fulfilling the conditions in Article 6(2) of the said 
Direct ive; 
(b) supplies which are declared secret or when their delivery must be 
accompanied by special security measures in accordance with the laws, 
regulations or administrative provisions in force in the Member State 
concerned or when the protection of the basic interests of that State's 
security so requires. 
(•) OJ No L , p. 
2. Article 3(4) and (5) of Directive 71/305/EEC is hereby replaced by the 
following: 
"4. This Directive shall not apply to contracts awarded in the fields referred 
to in Articles 2, 7, 8 and 9 of Council Directive .../.../EEC of on the 
procurement procedures of entities operating in the water, energy, transport and 
telecommunications sectors (•) or fulfilling the conditions in Article 6(2) of 
the said Directive. 
(•) OJ No L. . . , p. 
59 -
6S 
Article 36 
Not later than four years after the application of this Directive, the 
Commission, acting in close co-operation with the Advisory Committee for Public 
Contracts, shall review the manner in which this Directive has operated and its 
field of application and, if necessary, make further proposals to adapt it, in 
the light of developments concerning in particular progress in market opening and 
the level of competition. In the case of entities exercising an activity defined 
in Article 2(2)(d), the Commission shall act in close co-operation with the 
Advisory Committee on Telecommunications Procurement. 
Article 37 
1. Member States shall adopt the measures necessary to comply with this 
Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 
2. Member States may stipulate that the measures referred to in paragraph 1 
shall apply only from 1 January 1993. 
Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be 
replaced by 1 January 1996. As regards the Hellenic Republic and the 
Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 
- 60 -
€S 
3. Council Recommendation 84/550/EEC of 12 November 1984 concerning the first 
phase of opening up access to public telecommunications contracts shall ceas? 
to have effect as from the date on which this Directive is applied by the Member 
States. 
Article 38 
Member States shall communicate to the Commission the text of the main provisions 
of national law, whether laws, regulations or administrative provisions, which 
they adopt in the field governed by this Directive. 
Article 39 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
(1) OJ No L 298, 16.11.1984, p. 51 
- 61 -
^ 
ANNEXES 
Annex I : Production, transport or distribution of drinkin.ec 
water 
Annex II : Production, transport or distribution of 
electricity 
Annex III : Transport or distribution of gas or heat 
Annex IV Exploration for and extraction of oil or gas 
Annex V 
Annex VI 
Annex VII 
Annex VI I I 
Annex IX 
Ar"-ex X 
Annex XI Exploration for and 'extraction of coal or other 
solid fuels 
ContractIng entItles In the field of ralIway services 
Contracting entitles In the field of urban railway, 
tramway, trolley, bus or bus services 
Contracting entitles In the field of airport facilities 
Contracting entitles in the field of maritime or Inland 
port or other terminal facilities 
Operat Ion of telecommunications networks or provision 
of tel «communicate, on G services 
List ol' Droftssional activities as set out in the 
general industrial classification of economic activities 
within the European Communities 
Anrex XI i : A. Open procedures 
B. Restricted procedures 
C. Negotiated procedures 
Annex XI : I Notice on the existence of a qualification system 
Annex Xl\i : Periodic information Notice A. For supply contracts 
B. For works contracts 
Annex XV 
Annex XVI Notice on contracts awarded 
Amendments of the European Parliament not accepted by 
the Commission 
Production, transport or distribution of drinking water 
Belgium 
Entity set up pursuant to the Décret du 2 Juillet 1987 de Im Région 
Wallonne érigeant en entreprise régionale de production et d'eduction 
d'eau le service du ministère de la région charoé de la production et 
du grand transport d'eau. 
Entity set up pursuant to the Arrêté du 23 avril 1986 portant 
Constitution d'une société wallone de distribution d'eau. 
Entity set up pursuant to the Arrêté du 17 Juillet 1985 de l'Exécutif 
flamand portant fixation des status de la société flamande de 
distribution d'eau. 
Entitles producing or distributing water and set up pursuant to the Loi 
relative aux Intercommunales du 22 décembre 1986. 
Entitles producing or distributing water set up pursuant to the Code 
Communal. art. 147 bis, ter et ouater sur les régies communales. 
Denmark 
Entitles producing or distributing water referred to In Article 3. 
paragraph 3 of LovDevenctorirelsQ-om vanciforsvninQ m.v. af 4 juli 196*5 
Germany 
Entitles producing or distributing water pursuant to the 
EIgenbetr/cfrsa'erordnungen or fiigenbetriebsgesetze of the Lffnder. 
(Kommunale Eigenbetriebe). £8 
ANNEX I 
(ANNEX I) - 1 -
<s°> 
Entitles producing or distributing water pursuant to the Gesetze Ober 
die Kommunale Gemclnschaftsorbclt Oder Zusammenarbelt of the Lender. 
Entitles producing water pursuant to the Cesetz uber Wasser- und 
Bodcnvcrbënde vo» TO. Februar 7937 and the erste Verordnung Qber 
Wasser- und Bodenverb&nde vo» 3. September 1937. 
(Reglebetrtebe) producing or distributing water pursuant to the 
fommunalgesetze and net ably with the Gemeindrorthungen der Lander. 
Entitles set up .pursuant to the Aktlengesetz vom 6. September 1965 zuletzt 
gciindcrt 19. Dezember 1985 or GmbH-Gcsetz vom 20. Mal 7a98zulstzt saândért. 
15. Mal 1986 or having the legal status of a KommandltoeselIschaft. 
producing or distributing water on the basis of a special contract vith 
regional or local authorities. 
Greece 
The Water Company of Athens / ETCH pi o Y6peùocMÇ- AWOXCTCÛOEWÇ npMTçuoùonç, 
set up pursuant to the law 1068/80 of 23 August 7960. 
The Water Company of Salonlca/ Opvoviopoc YôpcOoewe, BeooaXoviKnç 
operating pursuant to the presidential decree 61/1988. 
The Wcter Company of Volos I ETOtpîa Y6pe6oeuç BOXou 
operating pursuant to the law 890/1979. 
Municipal Companies / An,uQTtKfcç EmxctPQOeiç, 66peuon.Ç~c*oxfcTcuonç 
producing or distributing water and set up pursuant to the law 1069/80 
of 23 August 1980. 
Associations of local authorities Clûvôeopot 'Y6peuon1ç> operating 
pursuant to the Code of local authorities QCW6IKQÇ, Ltyjuv KQI KotvoTnTwv) 
implemented by Presidential Decree 76/1985. 
(ANNEX i) - ? 
=?o 
Spain 
Entities producing or distributing vater pursuant to the Ley No 7/1983 
de 2 Abril de 1983 Reguladora de las Bases del Regimen local and to the 
Decreto Real No 781/1986 Texto Rofundido Regimen local. 
Canal de Isabel II. Ley de la Comunidad Aut6noma de Madrid 
de 20 de diciembre de 198**. 
Mancomunidad de los Canales del Taibilla, Ley de 27 de 
abril de 19*»6. 
France 
Entitles producing or distributing water pursuant to the: 
Dispositions Générales sur les régies Code des Communes L 323-1 à 
L 328-8. R 323-1 A R 323-6 (Dispositions générales sur tes régies). 
Code des Communes L 323-8 R 323-4 (Régies directes (ou de fait); or 
Décret-lot du 28 décembre 1926. Règlement d'Administration publique du 
17 février 1930. Code des Communes L 323-10 è L 323-13 R 323-75 A 323-
132 (Régies A simple autonomie financière); or 
Code des Communes L 323-9. R 323-7 è R 323-74. Décret du 79 octobre 
7 959 
(Régies A personnel I té morale et è autonomie financière); or 
Code des Communes L 324-1 A L 324-6. R 324-1 A R 324-13 (Gest Ion 
déléguée, concession et affermage): or 
Jurisprudence administrative, circulaire Intérieur du 13 décembre 1975 
(gérance); or 
Code des Communes R 324-6. Circulaire Intérieur du 13 décembre 1975 
(Régie Intéressée); or 
Circulaire Intérieur du 13 décembre 1975 (Exploitation aux rtSQues et 
périls); or 
Décret du 20 mal 1955. loi du 7 Juillet 1983 sur les sociétés 
d'économie mixte (participation A une société d'économie mixte); or 
(ÀU11EX i) - 3 -
Il 
Code des Communes L 322-1 A L 322-6. R 322-7 é R 322-4 (dispositions 
communes, aux régies, concessions et affermages). 
Ireland 
Entitles producing or distributing water pursuant to The Local 
Government (Sanitary Services) Act 1878 to 1964.. 
Italy 
Entitles producing or distributing water pursuant to the Teato Un too 
del le leggl sut I'assunzlone dlretta del pubbllet servlzl da parte del 
comunl e dette province apprpvato con Reglo Décreto 15 ottobre 1925. n. 
257B and to the Dccreto del P.R. n' 902 del 4 ottobre 1986. 
Ente Autonomo Acgucdotto Pugflese set up pursuant to RDL 79 ottofere 
79T9. n' 2060. 
Ente Acguedottl Sicilian/ set up pursuant to legal regional I 
4 settembre 1979. n' 2/2e 9 agosto 1980. n' 81. 
Ente Sardo Acouedottl e Fognature set up pursuant to Icooe S tuglto 
1963 n' 9. 
Luxembourg 
Local authorities distributing water. 
Associations of local authorities producing or distributing water set 
up pursuant to the Loi du 14 février 1900 concernant la création des 
syndicats de communes telle qu'elle a été modifiée et complétée par la 
Loi du 23 décembre 1958 et par la Loi du 29 Juillet 1961 and pursuant 
(ANNEX I) - t) -
3<L 
to the Lot du 31 Juillet 1962 ayant pour objet le renforcement de 
l'ai I ment at Ion en eau potable du GRAND DUCHE DU LUXEMBOURG à partir du 
réservoir d'ESCH-SUR-SURE. 
Netherlands 
Entitles producing or distributing water pursuant to the 
Waterleldingwet van 6 aprtl 1957 amended by the Wet ten van 30 Junt 
1967. 10 September 1975. 23 Junl 1976. 30 September 1981. 25 Januart 
1984. 29 Januart 1986. 
Portugal 
Empresa Pubtlca das Agues Livres producing or distributing water 
pursuant to the Decreto Let 190/81. 04.07.1981. 
Local authorities producing or distributing water 
United Kingdom 
Water companies producing or distributing water 
pursuant to the Water Acts 1945. c.nà 19C9. 
The Central Scotland Water Development Board producing water and the 
water author It les producing or distributing water pursuant to the Water 
(Scotland) Act 1980. 
The Department of the Environment for Northern Ireland responsible for 
producing and dlstrI butIng water pursuant to the Water and Sewerage 
(Northern Ireland) Order 1973 
(ANNEX 1) - 5 -
ANNEX II 
Ij, 
Production, transport or distribution of electricity 
Belgium 
Entitles producing, transporting or distributing electricity pursuant 
to Article 5 : Des régies communales et Intercommunales of the Loi du 
10 mars 1925 sur les Distributions d'Energie Electrique. 
Entitles transporting or distributing electricity pursuant to the tot 
relative aux Intercommunales du 22 décembre 1986. 
EBES. I NT EROOM. UNERG and other entitles producing, transporting or 
distributing electricity and granted a concession for distribution 
pursuant to Article 8 les concessions communales et Intercommunales of 
the toi du 10 mars 1925 sur tes Distributions d'Energie Electrique. 
The Société Publique de production d'Electricité (SPE). 
Denmark 
Entitles producing or transporting electricity on the basts of a 
Itcence pursuant to § 3. Stk 1 of the Lev nr. 54 af 25, februar 7976 o* 
elforsynlng. Jf. Bekendtgerelse nr. 607 af 17.december 7976 om 
etforsyntngslovens anvendetsesomrade. 
Entitles distributing electricity as defined In § 3. stk 2 of the Lov 
nr. 54 af 25. februar 1976 om elforsynlng. Jf. Bekendtgmretse nr 607 af 
17.december 1976 om etforsyntngslovens anvendetsesomrade mod on the 
basts of author I s at Ions for expropriation pursuant to art let ma 10 to 75 
of the Lov am electrlske sterkstramsanlajg. Jf Lovbekendtemrelae nr, 669 
af 28. december 1977. 
II) - 1 -
?y 
Germany 
Entities producing, transporting or distributing electricity as defined 
jn § 2 A°s 20f* the Gesetz zur Fbrderung der Energlewlrtschaft • 
(Enerclewlrtscheftsoesetz) vo« 73.72.7935. Last modified by the GesetB vom 
19.12.1977, and auto-production of electricity so far as this is covered by 
the field of application of the directU/C pursuant to Article 2, paragraph 5. 
Greece 
The Agoc-io Emycipncn HXpcrpicucO (Public Power Corporation) set up 
pursuant to the lew 1468 of 2 August 7950 ncpi tcpjoojç Anuooiaç EmxEtprpo*; 
HXcKTpiopoQ and operating pursuant to the tew 57/85 Aoun, pôXoç xat 
TpôTioç 6ioiKnonç KOI XCITOUPYJOC: THÇ KOIvujviKOTioinu^vnc flnuôoioç Emxeipnooc, 
HXCKTptopoû. 
Spain 
Entities producing, transporting or distributing electricity pursuant to Article 1 
of the Decreto de 12 de marzo de 195^ approving the Reglamento de verificaciones 
eléctricas y regularidad en el suministro de energfa and pursuant to Decreto 2617/1966, 
de 20 de octubre, sobre autorizacion administrât!va en materia de instalaclones eléctricas. 
Red Eléctrica de Espana, S.A., set up pursuant to Real Decreto 91/1985, de 23 de enero. 
Fronce 
Electricité de France, set up and operating pursuant to the tot 46/6288 
du 8 avril 7946 sur la nattonal I sat ton de t'Electricité et du Gaz. 
Entitles (sociétés d'économie mixte or régies) distributing electricity 
and referred to In article 23 of the tot 48/1260 du 12 août 1948 
portant modification des tots n' 46/6288 du 8 avril 1946 et N' 46/2298 
du 21 octobre 1946 sur la Natlongt fsat ton de t'Electricité et du gaz . 
(ANNEX II) 
?r 
Compagnie Nat tonale du Rhône 
Ireland 
The Electricity Supply Board (ESB) set up and operating pursuant to the 
Electricity Supply Act 1927. 
Ente Nazionale per l'Energie elettrtca set up pursuant to legge 
n' 1643. 6 dtcembre 1962 approvato con Decreto n' 1720. 21 dlcembre 
1965 
Entitles operating on the basts of a concession pursuant to article 4, 
n. 5 or 8 of Legge 6 dtcembre 1962. n. 1643 - 1st It uz I one del l'Ente 
n&zionalc per la energla elettrtca e trasferlmento ad esso del te 
taprese esercentI le Industrie elettrlche. 
Entitles operating on the basis of concession pursuant to article 20 of 
Decreto del Présidente delta RepubblIca 18 marzo 1965. n. 342 norme 
Integrative delta legge 6 dlclembre 1962. n. 1643 e norme relative at 
coordlnamento e at I'eserclzto dette attlvltA elettrlche esercltate da 
entl ed laprese diverse dell'Ente Naztonale per I'Energla Elettrtca. 
Luxembourg 
Compagnie grande-ducale d'électricité de Luxembourg producing or 
distributing electricity pursuant to the Convention du 11 novembre 1927 
concernant l'étabtIssèment et l'exploitât Ion des réseaux de 
distribut Ion d'énergie électrique dans le Grand-Duché du Luxembourg 
approuvée par la fol du 4 Janvier 1928. 
(ANNEX II) • 3 
^6 
Etectrlcltelts produktte maatschapplj Oost-Nederland (E.P.O.N.) 
Ilcctrlctteltsbcdrljf Utrecht-Noord-Ho 11 and-Amsterdam (U.N.A.) 
ElectrlclteltsbedrlJf Zutd-Hotland (E.Z.N.) 
ElektrlctteltsprodukttemaatschapptJ Zuld-Nederland (E.P.Z.) 
Provinciate '/ccuvso Energie Woatschappij (P.Z.E.WJ 
Sgmenwerkende ElektrIcttclts. . ,bedrlJven (S.E.P.). 
Entitles distributing electricity on the basis of a I IcetKX 
(Vergunnfng) granted by the provincial authorities pursuant to the 
Provfnclcwct 
Portugal 
Electrlcfdade de Portugal (EDP) set up pursuant to the Decreto Let n. 
502/76 do 30 Junho 1976 
Entitles dlstrlbutIng electricity pursuant to Art/go 1' Decreto Let 
n' 344-8/82 de 1 de Setembro 1982 amended by Decreto Lei n' 297/86 de 
79 de Setembro 1986. //Entities producing electricity pursuant to uscreto 
lei 139/88 de 27* de Marco 1988. 
Indépendant producers of elecrticity pursuant to Decreto Lei 189 de 27 de 
Ma io 1988 
Empresa de Electricidade dos Açores - EDA,, EP created pursuant to the Decreto 
Regional 16/80 de 21 de Agosto 1980 
Errpresa de Electricidade da Madeira, EP created pursuant to the'Decreto Lei 
12/74 _de 17 de Janeiro 1974 and regionalized pursuant to the Decreto Lei 31/79 de 24 
de Fevê77iro 1979 and Decreto Lei 91/79 de 19 de Abril 1979. 
(ANNEX II) - 4 -
^ 
United Kingdom 
Central Electricity Generating Board (CEG8). and the Areas Electricity 
Boards producing, transporting or distributing electricity pursuant to 
the 1 : Electricity Act 1947 and the 
Electricity Act 1957 
the North of Scot tend Hydro-Electrlclty Board (HSHB) producing, tpapsporting 
and distributing elpctricitv pursuant to the Electricity-(ScotUnd) 
Act 1979. : = 
the South of Scotland Electricity Board (SSEB) producing^ transporting and 
distributing electricty pursuant to the Electricity (Scotland) Act 1979 
the Northern Ireland Electricity Service (NIES) set up pursuant to the 
Electricity Supply (Northern Ireland) Order 4972 
(ANNEX II) - 5 -
ANNEX III 
•?<? 
Transport or distribution of gas or heat 
Belgium 
Dfstrlgaz S.A. operating pursuant to the Loi du 29 Juillet 1983. 
Entitles transportIng gas on the basis of an authorisation or 
concession pursuant to the Lot du 12 avril 1965 as amended by the Lot 
du 28 Juillet 1987. 
Entitles distributing gas and operating pursuant to the lot relative 
aux Intercommunales du 22 décembre 1986. 
Local authorities, or associations of these local authorities supplying heat 
to the public. 
Denagrk 
Dansk Pile og Naturgas A/S operating on the basis of an exclusive right 
granted pursuant to Bekendtagarelse nr 869 af 18. Junl 1979 om 
eneretsbevtI ting til tndfarsel. forhandlIng. transport og oplagrlng af 
naturgas. 
Entitles operatIng pursuant to lov nr 294 af 7. Junl, 1972 o» naturgas-
forsynfng 
Entitles dlstr l but Ing gas or heat on the basts of an approval pursuant 
to chapter IV of lov o» varmeforsynlng Jf. lovbekendtgeretse nr 330 af 
29 iuni 1983, 
Entitles transportIng gas on the basis of an authorisation pursuant to 
Bckendtgorclsc nr. 141 af 73. marts 1974 o« roerledntngsanlaeg pâ dansk 
konttnentalsokkelomréde tit transport af kulbrInter (Instaltat ton of 
pipelines onthe continental shelfc for the transport of hydrocarbons) 
(J\I:UEX nu - l -
9s> 
Germany 
Entitles transporting or distributing gas as defined In i 2 Abs 2Qf the 
Gesetz zur Fôrderung der Energfewlrtscha*t voi ?3 . Dezember 1935 
(Energirwirtschaftsgesctz),. amended by the Law ot IV.I^.'IV//. ~~ • 
g^ i-g^. : 
Local author/ties. or associations of these local authorities 
supplying heat to the public. 
Greece 
DEP_ transporting or distributing gas pursuant, to the Ministerial 
decision 2583/1987 (Avo6con QTn 6nuôoio EniXcîpnon OcTpcXoiou OPUOOIOTHTUV 
OXCT.KILV uc TO tpuoiKÔ acpio.^ EOaracrri TnQ AEIIA A.E. 
(Anii6ria ETC LYE £ on cm AepCou, AVOYVUUOC ETaiDia) . 
Athens Municipal Gasworks S.A. DEFA transporting or distributing gas 
Spain 
Entitles operating pursuant to Lew n. 10 of 75 June 1987. 
Frgr>ce 
Société nationale des gaz du Sud ouest transporting gas. 
Gaz de France, set up and operating pursuant to the lot 46/6288 du 8 
avril 1946 sur la nat tonal Isat Ion de I ' Electricité et du Gaz. 
Entitles (sociétés d'économie mixte or régies) distributing electricity 
and referred to In article 23 of the tot 46/1260 du 12 août 1948 
portant modification des lots n. 46/6288 du 8 avril 1946 et n. 46/2298 
du 21 octobre 1946 sur le Nat tonal Isat Ion de l'Electricité et du gaz. 
(ANNEX III) - 2 -
tf o 
Compagnie Française du Méthane transporting gas. 
Local authorities. or associations of. supplying heat to the public. 
Ireland 
Irish Gas Board and operating pursuant to the 6as Act 1976 to 1987 and other 
entities governed by Statute. 
Dublin Corporation supplying heat to the pub I le. 
Italy 
SNAM and SGMc Montedison transporting gas. 
Entitles distributing gas pursuant to the Testo Untco del le leggl 
sulI'assunzlone dlretta del pubblfcl servlzl da parte del comuni e 
del le province approvato con Reglo Decreto 15 ottobre 1925. n. 2576 and 
to the Decreto del P.R. n. 902 del 4 ottobre 1986. 
Entitles distributing heat to the public referred to in article 10 of 
the legge 29 magglo 1982. n.308 norme sul contenlmento del consumf 
energetlcl. to svttuppo dette font I rtnnovabl11 dt energla. II 
I'eserclz/o dl centrât I elettrlche at I ment ate con combustIbl11 divers! 
dagll Idrocarburl 
Local author It les. or associations of. supplying heat to the public. 
Luxembourg 
Société de Transport de Gaz SOTEG S.A. 
'(/-jNri'x II: : - 3 
3") 
G&swlerk Esch-Ucliecht S.A. 
Service Industriel de la Commune de Dudelange. 
Service Industriel de la Commune de Luxembourg. 
Local authorities, or associations of these local authorities 
supplying heat to the public. 
h'.ther I onds 
n.v. uec'erlandse Gasunie 
Entitles transporting or dlstributIng gas on the basts of m licence 
(vergunning) granted by the local authorities pursuant to the 
Gemcentcwet 
Local or provincial entities transporting or distributing gas to the 
public pursuant to the Gemeentewet and tne ProvincCewet. 
Local authorities, or associations of these local authorities supplying 
heat to the public. 
Portugal 
Pc t roguJTii ca e Gas ce Portugal EP Decreto Lei 
346-A/S8 ce 29" Set€rr;bro de 1988. 
United kingdom 
British Gas PLC and other entitles operating pursuant to the Gas Act 
1966. 
Local author It les . or associât Ions of. supplying heat to the public* 
pursuant to the Local Government (Miscellaneous Provisions) Act 1976. 
Electricity Ecards distributing heat pursuant to the Electricity Act 1947 
(ANNEX III) - M 
ANNEX IV Zz. 
Exploration for and extraction of oil or gas 
The entitles granted an authorisation, permit, licence or concession to 
explore for or extract oil and gas pursuant to the following legal 
provisions: 
Belgium , 
Lot du 1 mal 7939 complétée par l'Arrêté royal n' 63 du 28 novembre 
7939 sur l'explorât ion et l'exploitation du pétrole et du gaz 
Arrêté royal du 15 novembre 7979 
Arrêté royal du 7 avril 1953 
Arrêté royal du 15 mars 1960 Lot au sujet de la plateforme continentale 
du 75 Juin 1969 
Arrêté de l'Exécutif régional wallon du 29 septembre 1982. 
Arrêté de l'Exécutif flamand du 30 mal 1984. 
Denmark 
lov nr. 293 af 10. Junl 1981 om anvendelse af Danmarks undergrund 
lov oa kontfntalsokten . Jf. lovbekendtgerelse nr. 182 af 1. maj 7979. 
Geraany 
Bundesbergesetz vom 13. August 1980 zuletzt c^cncic-rc LU, 12-02-1990. 
(ANNEX IV) 
^3 
Greece 
law 87/1975 setting up DEP-EKY Ocp» «6pûocnç flnuoQ'QC S«txe«PHOCMC 
Spain 
Ley sobre Invest Igacton' y Exptotaclôn de Ntdrocarburo de 27 Junto 1974 
and Its Implementing decrees. _ 
France 
code mrrrrer (décret n 56.838 du 16 août 7956) amended by the Lot 56-
1327 du 29 décembre 1956. Ordonnance 58-1186 du 10 décembre 1958. 
Décret 60-800 du 2 août 1960. . 
, £o/ 77-620 du 76 Juin 1977. Décret 80-204 du 11 mars 
1980 
Ireland 
fcntinental Shelf Act 1960. 
Peiroleum and Other Minerals Development Act 1960 
Ireland Exclusive Itcenstng terms 1975 
Revised licensing terms 1987. 
Petroleum (Production) Act (NI) 1964. 
ftsty 
Law No. 136 of 10 February 1953 
Law Ho. 6 of 11 January 7957 amended by Law No. 613 of 21 July 1967 
Luxembourg 
(ANNEX IV) - 2 -
7? y 
Nether lands 
MlIrwet No. 285 van 21 aprtt 1810 
Wet Opsporlng delfstoffen n. 258 van 3 met 1967 
Ml fnwet conttnentaatplat 1965. n. 428 van 23 septembre 1965. 
Portuggl 
Decreto Lei n° 543/74 de 16 de Outobro 1974, n° 168/77 de 23 de Abril 1977, 
n"Tr~266/80 de 7 Agosto 1980, n" 174/85 de 21 de Maio 1985 Despacho f? 
22 de 15 de Marco de 1979. 
Decreto Lei n°47973 de 30 de Setembro de 1967, n° 49369 de 11 de Novembro de 
1969, n" 97/71 de 24 de Marco de 1971, n° 96/74 dë~13 de Marco de 1974, n" 
"266/80 de 7 de Agosto 1980, n" 2/81 de 7 de Janeiro 1981 n°245/82 de 
"22 de Junho 1982. 
United Kingdom 
Petroleum (Product Ion) Act 1934 as extended bv the 
Continental Shelf Act 1964. 
Petroleum (Production) Act (Northern Ireland) 1964. 
UNNEX IV) - 3 -
ÏS 
ANNEX V 
Exploration for and extraction of coal or other solid fuels 
Belgium 
Entitles exploring or extracting coal or other solid fuels pursuant to 
the Arrêté du Régent du 22 août 1948 and the Loi du 22 avril I960. -
Denmark 
Entitles exploring or extracting coal or other solid fuels pursuant to 
the lov bevendtgdrelse nr. 531 af 10 October 1984. 
Germany 
Entitles exploring or extract Ing coal or other solid fuels pursuant to 
the Bundesberggesetz vom 13 August 7980. as lasx amended on 12.02.1990, 
Greece 
Public Power Corporation exploring or extracting 
coal or other solid fuels pursuant to the Mining code of 1973 as 
amended by the law of 27 April 1976. Anpcoia fruxEiprpr) Hkoapicypu 
Spain 
Entitles exploring or extracting coal or other solid fuels pursuant to 
Ley 22/1973, de 21 de julio, de Minas, as amended by Ley 5^/1980, 
de 5 de noviembre and by Real Decreto Legislativo 1303/1986, de 
28 de junio. 
( A-PIEX V) "*" 
?-€ 
France 
Entitles exploring extracting coal or other solid fuels pursuant to 
Code Minier, (Décret No. 56863 du 16 août 1956) as amended by the Lg± 
No. 77-620 du 16 Juin 1977, Décret No. 80204 et Arrêté du 11 mars 1980. 
Ireland 
Bord na Mona 
Entities prospecting or extracting coal pursuant to the Minerals 
Development Acts, 1940-1970. 
Italy 
Car bo Su tel s SpA. 
Luxembourg 
Netherlands 
Portugal 
Empress Carbonifère do Dalro. 
Empresa Nacional de Uranio 
United Kingdom 
British Coal Corporation (BOO set up pursuant to the Coal Industry nationalisation Act 
1946. ~~ 
Entities benefitting fro... a licence granted by the BGC pursuant to the Coal Industry 
Nationalisation Act 1946. 
Entities exploring or extracting solid fuels pursuant to the Mineral Development Act 
(Northern Ireland) 1969. ~~ ' _— ~ -
(AHIJE.X V) - 2 -
§"3 
ANNEX VI 
Contract/no; entitles in the field of railway services 
Belgium 
Société nationale des Chemins de fer belges 
Nationale MaatschapptJ der Betgfsche Spoorwegen 
Denmark 
Dansée Stetsbener (DSB) 
Entitles operating set up pursuant to Lov nr. 295 of 6. Junl 1984 oa 
pr I vat boner ne. i.vf.lov n. 245 af 6 August 1977. 
Germany 
Deutsche Bundesbahn 
Other entitles providing railway services to the public as defined In 
paragraph 2 Abs.1 of Allgemeines Eisenbahngesetz vom 29.3.1951. 
Greece 
Oçysyiou6ç Ii6nco6p6uuv EXX&6cç. 
Organisation of Railways in Greece (OSE) 
(A.\;:E>: VI) - 1 -
•Z-8 
Spain 
Red Nactonal de Los Ferrocarrlles Espaholes 
Ferrocarrltes de Via Estrecha (FEVE) 
Ferrocarrlles de la General I tat de Catalunya (FGC) 
Eusko Trenbfdcak (Bilbao) 
Ferrocarrlles de la General I tat Valenctana (FGV) 
France 
Société nationale des Chemins de fer français and other réseaux 
ferroviaires ouverts au public referred to In the Lot d'Orientation des 
Transports Inter leurs du 30 décembre 1982. Titre II. Chapitre 1er du 
Transport ferrovlalre. 
I reland 
Igrnrod Elreann (Irish Rail) 
Italy 
Ferrovte dello Stato 
Entitles providing railway services on the basts of a concession 
pursuant to article 10 of Regto Decreto 9 magglo 1912. n. 1447. che 
approve It testo unlco del le dispostzlonl dl legge per le ferrovte 
concesse at I'Industrie private, te tramvte a trazfone meccanlca e oil 
eutomobf11 
Entitles operating on the basts of a concession granted, pursuant to 
special laws, as referred to In Tltoto XI. Capo It. Seztone la of Regto 
Decreto 9 magglo 1912. n. 1447. che approve II testo unlco dette 
d/spostzlonl dl legge per le ferrovte concesse atl'Industrie private. 
le trgmvte a trazfone meccanlca e gll automobl11. 
•1) - 2 -
*3 
Entitles providing railway services on the basts of a concession 
pursuant to article 4 of Legge 14 gutgno 1949. n. 410. concorso del to 
Stato per la reatt Ivazlone del pubbltcl servlzl dl trasporto In 
concess/one 
Entitles or local authorities providing railway services on the basts 
of a concession pursuant to article 14 of Legge 2 aoosto 1952. n. 1221 
- Prowedtmentl per I'eserclzlo ed II potenztamento dl ferrovte e dl 
ettre 11 nee dl tresporto in regime dl concesslone. 
Luxembourg 
Chemins de fer luxembourgeois (CFL) 
Netherlands 
Nederlandse Spoorwegen N.V. 
Portugal 
Camlnhos de Ferro Portugueses 
United Kingdom 
British Rati waygBoard 
Northern tret and RetIweys 
(ANNEX VI) ~ 3 
ANNEX VII 
"O 
ContractIng entitles In the field of urban 
raltwey. tramway, trolley bus or bus services 
Belgium 
Société nationale des Chemins de Fer vicinaux (SNCV)/Nattonale 
MaatschapplJ van Buurtspcorwegen (NMB) 
Entitles providing transport services to the public on the basts of a 
contract granted by SNCV pursuant to articles 76 and 21 of the Arrêté 
du 30 décembre 1946 relatif aux transports rémunérés de voyageurs par 
route effectués par autobus et par autocars 
Société des Transports Intercommunaux de Bruxelles (STIB). 
MaatschapplJ van net Intercommunaal Vervoer te Antwerpen (MIVA). 
MaatschapplJ ven net Intercommunaal Vervoer te Gent (MIVQ. 
Société des Transports Intercommunaux de Charlerol (STIC) 
Société des Transports Intercommunaux de le région Itégolsc (STIL) 
Société des Transports Intercommunaux de I'agglomération vervlêtolse 
(STIAV). and other entitles set up pursuant to the lot relative è la 
création de sociétés de transports en commun urbains Wet betreffende 
de oprfchtlng van meatschapptJen voor stedelljk gemeenschappelIJk 
vervoer of 22 February 1962. 
Entitles providing transport services to the public on the basts of a 
contract with STIB pursuant to article 10 or with other transport 
entitles pursuant to article 11 of the Arrêté Royal 140 du 30 décembre 
1982 relatif aux mesures d'assainissement appltcab tes é certains 
organismes d'Intérêt public dépendant du Ministère des Communications. 
(IKUWV.X Vil) - l -
Si 
Denmark 
Danskc Statsbaner (DSB) 
Entitles providing bus services to the public (almtndelIg rutekorsel) 
on the basis of an author Isat Ion pursuant to Lov nr. 115 af 29. marts 
1978 om buskorsel. 
Germany 
Entitles providing , on the basis of an authorization, short-distance 
transport services to the public (Offentlichen Personennahverkehr) 
pursuant of the Personenbeforderungsgesetz vom 21 MSrz 1961. as last 
amended on 25.7.1989. 
Greece 
HXCKTPOKÎ vn,To Aeuyopeîo flcptoxnc ASnvàvne ipaiwç. 
(tiectr/c Buses of the Athens - Piraeus Area) operating pursuant to 
decree 768/1970 and lew 588/1977. 
HXcKTpiKoi Ii6np66popot A8nv"v~neipoiwç. 
(Athens - Piraeus Electric Railways) operating pursuant to laws 
352/1976 and 588/1977. 
ETTtyetPOOQ ACTIKIJV IUVKOI VMVUJV. 
(Enterprise of Urban Transport) operating pursuant to law 588/1977. 
Koivô Tapeio Eionp6£euç, Aempopc'mv. 
(Joint Receipts Fund of Buses) operating pursuant to decree 102/1973. 
POAA (AnuoTiKi*) EmxelPHOn Aeuçopeiuv P66ou). 
Roda Municipal bus enterprise In Rhodes 
0pYav«op6ç, AOTtKÙv luyKO» vwviûv eeooaXoviKHC-
(Urban Transport Organisation of Thcssalonlkl) operating pursuant to 
decree 3721/1957 and lew 716/1980. 
Entities 
(ANNEX VII) - 2 -
£_ 
Spain 
Entitles providing transport services to the public pursuant to the Ley 
de Régfmen Local 
Corporacton metropolttana de Madrid 
Corporaclôn mctropolItana de Barcelona 
Entlttes providing urban or Inter-urban bus services to the public 
pursuant to Articles 113 to 118 of the Ley de ordenacton de Transportes 
Terrestres. 31 Jul to de 1987. 
Entitles providing bus services to the public, pursuant to article 71 
or the Ley de Ordenacton de Transportes Terrestres. 31 Julio de 1987. 
FEVE, RENFE (or Empress Nac tonal de Transportes de Vtajeros por 
Carretera) providing bus services to the public pursuant to the 
Dlsposlclones adlcfonales. Primera de ta Ley de Ordenacton de 
Transportes Terrestres. 37 Julio de 1957. 
Entitles providing bus services to the public pursuant to Dlsposlclones 
Tr ans I tor I as. Tcrcera de ta Ley de Ordenacton de Transportes 
Terrestres. 31 Jul to de 1957. 
France • 
Entitles providing transport services to the public pursuant to Article 
7 11 of the Lot n' 82-1153 du 30 décembre 1982. Transports Intérieurs. 
Orientation. 
Régie Autonome des Transports Part s tens. Société Nationale des Chemins 
de Fer Français. APTR and other entitles providing transport services 
to the public on the basts of an authorisation granted by the Syndicat 
des Transports Parisiens pursuant to the Ordonnance de 7959 et aes 
tfecrcfs d'appiteat Ion relatifs è l'organisation des transports de 
voyageurs dans la région per tsienne 
(ANNEX VU) ' - 3 -
93 
Ireland 
larnrod Elreann (Irish Rail) 
Bus Elreann (Irish Bus) 
Bus At ha Alath (Dublin Bus} 
Entitles providing transport services to the public pursuant to 
the ômenoeci Roao transport Act 1932. 
Italy 
Entitles providing transport services of a 
concession pursuant to Legge 28 settembre 1939. n. 1622 — DtscfplIna 
degll autoservtzt dl llnea (eutotI nee per vtagglatort. basant I e pacchl 
agrtcoll In treglme dl concessfone atl'Industrie private) - article 1 
as modified by article 45 of Decreto del Présidente delta Repubbttea 28 
gluqno 1955. n. 771. 
Entitles providing transport services to the public pursuant to article 
1 ,n.4 or n. 15 of Reglo Decreto 15 ottobre 1925. n. 2576 - Approvazlone 
del testo unlco delta legge sulI'assunzlone dlretta del pubbltcl 
servlzl da parte del comuni e del le province. 
Entitles operating on the basis of a concession pursuant to article 242 
or 256 of Reglo Decreto 9 magglo 1912. n. 1447. che approve II testo 
unlco dette dlsposlzionl dt legge per le ferrovte concesse 
el r Industrie prlvete. le tremvte a traztone meccanlca e all mutomobl11 
Entitles or local authorities operating on the basis of m concession 
pursuant to article 4 of Legge 14 gfugno 1949. n. 410. concorso del to 
Stato per la rlett Iveztone del pubbl let servlzl dl trasporto In 
concesslone. 
Entitles operating on the basis of a concession pursuant to article 14 
of Legge 2 agosto 1952. n. 1221 - Prowedtmentl per I'eserclTlo ed It 
potenztamento dl ferrovte e dl altre llnee dl trasporto In regime dl 
concessI one. 
SW/jw EN 
(ANNEX VII) " ^ 
y 
Luxembourg 
Chemins de fer du Luxembourg (CFL) 
Service communal des autobus municipaux de la ville de Luxembourg. 
Transports Intercommunaux du Canton d'Esch sur Atzette (TICE). 
Bus service undertakings operating pursuant to the Règlement Grand-Ducal du 
3 février 1978 concernant les conditions d'octroi des autorisations d'établissement 
et d'exploitation des services de transports routiers réguliers de personnes 
rémunérées. 
Netherlands 
Entitles providing transport services to the public pursuant to 
chapter It (openbaar vervoer) of the Wet Personcnvervoer van 12 maart 
1987. 
Portugal 
Rod3v»érid Nacional, FP 
Corrpanhia Carris de Ferro de Lisboa 
Matropolitano de Lisboa, EP 
Serviços de Transportes Collectivos do Porto 
Servi ços Municipalizados de Transporte de Barreiro 
Serviços Muni cipalizados de Transporte de Aveiro 
Serviços Municipalizados de Transporte de Braga 
Serviços Municipalizados de Transporte de Coimbra 
Serviços Municipalizados de Transporte de Portalegre 
'TV Vil) - 5 -
9s 
United Kingdom 
Entitles providing bus services to the public pursuant to the London 
Reg tonal Transport Act 1984. 
Glasgow Underground 
Greater Manchester Rapid Transit Company 
Docklands Light Railway 
London Underground Ltd 
British Railways Board 
Tyne and Wear Metro 
(ANNEX VII) - 6 -
CP€ 
ANNEX VIII 
Contracting entitles In the field of airport faculties 
Belgfu* 
Régie des Voles Aériennes set up pursuant to the Arrêté-lof du 20 
novembre 1946 portant création de te Régie des Votes Aériennes amended 
by Arrêté Royal du 5 octobre 197Q portant refonte du statut de la Régie 
des Voles Aériennes. 
Denmark 
Airports operating on the basis of an authorisation pursuant to S 55. 
stk. 1 l Lov om Luftfart. Jf. Lovbckendtglrelse nr 408 of 11. September 
7 985. 
Germany 
Airports as defined In Article 38 Abs.2 no of the 
Luftvcrtehrszutassungsordnung vom 79. 3.197? f amended last by the 
yjer_o_rdr. jr.g von 21.7.1986. 
Greece 
Airports operating pursuant to /aw 517/1931 setting up the civil 
aviation service Yirqpeoig floXiTinriç Acpoiropioc (YflA). 
Internet tonal airports operating pursuant to presidential decree 
647/981 
vin; - l -
99 
Spain 
Airports managed by Aeropuertos Nactonales operating pursuant to the 
Real Decreto 278/1982 de 15 octubre 1982. 
France 
Aéroports de Paris operating pursuant to Titre V. Articles L 251-1 è 
252-1 du Code de l'Aviation Civile. 
Aéroport de Bêle - Mulhouse set up pursuant to the Convention Franco-
Suisse du 4 Juillet 1949. 
Airports as defined In Article L 270-1. Code de l'Aviation Civile. 
Airports operetIng pursuant to the Cahier de Charges type d'une 
concession d'aéroport , décret du 6 met 1955. 
Airports operating on the basis of a Convention d'exploitation pursuant 
to Article LI221. Code de I Aviation Civile. 
Ireland 
Afrports of DubfIn, Cork and Shannon managed by Aer Rfante—Irish 
Airports 
Airports operating on the basts of a public use licence granted. 
pursuant to the Air Navigation and Transport Act Mr. 23 1936. the 
Transport fuel and power (transfer of departmental Administrât Ion and 
ministerial functions Order 7959 (SI Uo. 125 of 1959) sno the Air Kavi-
-oaf'on (se'-corc'-es and visual ground aids) Order 1970 (SI No. 291 of 1970: 
(ANNEX VIIJ) - 2 -
9r 
Italy 
Civil Stat> airports (aerodroml clvltf tstttultt dalto Stato) referred 
to in artt te 692 of the Codlce delta navlgazlone. Reglo Decreto 30 
mgrzo 1942. n. 327. 
Entitles operating airport facilities on the basis of a concession 
granted pursuant to Article 694 of the Codlce delta navlgazlone. Regto 
Decreto 30 marzo 1942. n. 327 
Luxembourg 
Aéroport de F Inde I 
Netherlands 
Airports operating pursuant to Articles 18 sno following of the Luchtvaartwet of 
15 January 1953, amended on 7 June 1978. 
Portugal 
Airports ma.-.s-zed by Aeroportos e Nervegeçeo Aérea (ANA) EP pursuant to 
Decreto Lei 246/79. 
Mroporto de Funeha I and Aeroporto de Porto Santo regionaltsed 
pursuant to the Decreto Let 284/81. 
Unlttrd Kingdom 
Airports managed ty British *i .-ports Authority pLc 
Airports rhlch ere public limited companies (pic's) pursuant to the 
Airports Act 1986. 
- 3 " 
ANNEX IX 
ContractIng entitles In the field of maritime or Inland, port or other 
terminal facttIt tes 
Belgium 
Société anonyme du Canal et des Instat tatIons maritimes de Bruxelles 
Port autonome de Liège. 
Port autonome de Namur. 
Port autonome de Cherterot. 
Port de la ville de Cand. 
la Compagnie des Installations maritimes de Bruges - MaatschapplJ der 
Brugse haventnrlchtlngen. 
Société Intercommunale de la rive gauche de l'Escaut - Intercommunale 
maetschepplJ van de linker Schetdeoever. (Port d'Anvers) 
Port de Nteuwport. 
Port d'Ostende. 
Denmark 
Ports ms defined In article 1. I to III of the Bekendtomrelse nr 6Q4 af 
16. december 1985 o» hvllke havne der er omfettet mf lov om 
treffkhavne. Jf. lov nr 239 af 12. mej 1976 om treftkhavne 
(ANNEX IX) - 1 -
y\ <^>o 
Germany 
Seaports owned totally or partially by territorial authorities (Lender. 
Krelse. Gemelnden) 
Inland ports subject to the Haienordnung pursuant to the ffassergesetze der Lander 
Greece 
Piraeus port OpYQvop6ç, Atpévoç, flçipoiuç. 
set up pursuant to Emergency Law 7559/7950 and Law 1630/1951. 
Thessalonlkl port 0PYOV'OP6Ç Aipèvoç, 6eooaXov IKHÇ. 
set up pursuant to decree N.A. 2251/1953. 
Other ports governed by presidential decree 649/1977 Gl.fl. 649/1977) 
EwonTciq, opyAvnon. XetTouPY'QQ 6»otKnTiKÔr. éXcyxoç, Xiiieyuv. 
(supervision organisât Ion of functionlng and administrative control) 
Spain 
Puerto de Huelva set up pursuant to the Decreto 2 de octubre de 1969. 
no 2380/69. Puertos y Faros. Otorga Réglmen de Estatuto de Autonomie 
al Puerto de HueIva. 
Puerto de Barcelona set up pursuant to the Decreto 25 de agosto de 
1978. no 24Q7/78. Puertos y Faros. Otorga at de Barcelona Réglmen de 
Estatuto de Autonomie 
Puerto de Bilbao set up pursuant to the Decreto 25 de agosto de 1978. 
no 2408/78. Puertos y Faros. Otorga el de Bilbao Réglmen de Estatuto 
de Autonomie. 
(ANNEX IX) - 2 -
•^oo 
Puerto de Valencia set up pursuant to the Decreto 25 de agosto de 1978. 
no 2409/78. Puertos y Faros. Otorga el de Valencia Réglmen de 
Estatuto de Autonomie. 
Juntas de Puertos operet Ing pursuant to the Let 27/68 de 20 Junto 1958: 
Puertos y Faros. Juntas de Puertos y Estatutos de Autonomie and to the 
Decreto de 9 de abri l de 1970. no 1350/70. Juntas de Puertos. 
Reglamfento. 
Ports managed by the Comfs/on Administrât /va de Grupos de Puertos 
operating pursuant to the Ley 27/68 de 20 Junto de 1958, Decreto 
1958/78 de 23 Junfo de 1978 and Decreto 571/81 de 6 mayo de 1981. 
Ports listed In the Real Decreto 989/82 de 14 de mayo 1982. Puertos. 
Claslftcecfon de los de fnterés gêner et. 
France 
Port Autonome de Paris set up pursuant to lot n' 6S/917 du 24 octobre 
1908 relative au port autonome de Parts. 
Port Autonome de Strasbourg set up pursuant to the Convent ton du 20 mat 
1923 entre l'Etat et le ville de Strasbourg relative à la Constitution 
du Port Rhénan de Strasbourg et è exécution de travaux d'extension de 
ce port, approved by the loi du 26 avril 1924. 
Other Inland waterway ports set up or managed pursuant to article 6 
(navigation Intérieure) of the décret n' 69 - 14Q du 6 février 1969 
relatif aux concessions d'out11 lege public dans tes ports Maritimes./ 
Ports eutQocges operating parz.ua.nt to articles L 7 7 7-7 et suivants of 
the Code des Ports Mar It I mes. 
Ports non-autonom*s operatIng pursuant to articles R 121-1 et sulvents 
of the Code des Ports MtrIt imes. 
- 3 -
(ANNEX IX.) 
^d 
Ports managed by regional authorities (départements) or operating 
pursuant to a concession granted by the regional authorities 
(départements) pursuant to article 6 of the Lot 85-663 du 22 Juillet 
1983 compétent la toi 63-8 du 7 Janvier 1983 relative è la répartition 
de compétences entre les communes, départements et l'Etat. 
Ireland 
Ports operating pursuant to the Harbour Acts 19A6 to 1976 
Port of pun Laoghaire operating pursuant to the State Harbours Act 1924. 
°ort of Kossiare Harb&ur opp^ting pursuant to the Hnguard and Kossiare 
Railways ano Haroours Ac"t/ 1899. 
Ualy 
Stare ports and other ports managed by the Cap I tarter la dl Porto 
pursuant to the Codlce delta navlgazlone. Reglo Decreto 30 marzo 1982. 
n. 32. 
Autonomous ports (Entl portualt) set up by special laws pursuant to 
Article 19 of the Codlce delta navlgazlone. Reglo Decreto 30 marzo 
1982. n. 327. 
Luxembourg 
Port de Mer ter t set up and operating pursuant to Lof du 22 Juillet 1963 
relative è l'aménagement et è l'exploitât Ion d'un port fluvial sur la 
Moselle. 
Nether I ends 
Havenbedr t Jven, set up and operet Ing pursuant to the Gemeentewet van 
29 Junl 1851. 
Havenschap VI Isslngen. set up by the wet van 10 September 797J houdende 
een gemeenschapp>elIJke reveling tot oprlchtIng van het Hevenschap 
VIIsslngen. 
(ANNEX IX ; - 4 -
^o3 
Hevenschap Terneuzen. set up by the wet van 8 aprl I 1970 houcende een 
gemeenschappelIJ*e regelIng tot oprlchtIng van het Hevenschap Terneuzen 
Havenschap DelfztJt. set up by the wet van 37 Juli 1957 houoencie. eon 
gemeenscheppelIJke regelIng tot oprlchtIng van het Havenschap DelfzlJI. 
Induscrie-en havenscnôp MoerdlJk. set up by the oe meenschappe It Jke 
regelIng tot oprlchtIng van het Industrie-cn Havenschap Moerdljk van 
23 oktober 1970. approved by Kontnkl IJk Bestult nr. 23 van 4 maart 
1972. 
Portugal 
Porto de Llsboa set up pursuant to Decreto Real do 18 Feveretro 1907 
and operating pursuant to Decreto let no 36976 do 20 Jut ho 1948. 
Porto do Douro e Lelxoes set up pursuant to Decreto Lei no 3ov// do 20 
Jul ho 1948. 
Porto de Sines set up pursuant to Decreto Let No-508/77 do 14 Dezembro 
1977. 
Portos de Setubat . Avelro. Flguelra de Foz. Vtana do Castelo. Porttmez. 
Faro operating pursuant to the Decreto Let 37754 do 18 Feveretro 1950. 
United Kingdom 
Harbour author It les within the meaning of section 57 of the Harbours 
Act 1964 providing port feci I It les to cerrters by sea or Inland water 
way. 
(ANNEX IX) 
ANNEX X 
OPERATION OF TELECOMMUNICATIONS NETWORKS OR PROVISION 
OF TELECOhl-IUu'ICATIONS SERVICES. 
Belgique 
Régie des Télégraphes et des Téléphones 
Regie van Telegrafie en Telefonie 
Danemark 
Kj^benhavns Telefon Aktieselskab 
Jydsk Telefon 
Fyns Telefon 
Statens Teletjeneste 
Tele Sonderjylland 
République Fédérale d'Allemagne 
Deutsche Bundespost -Telekom 
Mannesmann-Mobi If un!< Gmbh 
Grèce 
OTE / Hellenic Telecommunications Organization 
Espagne 
Compam'aTelefonica Nacional de Espana 
France 
Direction Générale des Télécommunications 
Transpac 
Telecom Service Mobile 
Société Française de Radiotelefone 
Irlande 
Telecom Eireann 
(ANNEX X) - 1 -
/?or 
Italie 
Amministrazione délie Poste e délie Telecommunicazioni 
Azienda di Stato per i Servizi Telefonici 
Societa Italiana per l'Esercizio Telefonico SpA 
Italcable 
Telespazio SpA 
Luxembourg 
Administration des Postes et àes Télécommunications 
Pays Bas 
Koninkl'-Îjke PTT fieoerland n.v. and subsidaries. ( ) 
Portugal 
Telefones de Lisboa e Porto 5. a. 
Companhia PortuguesaRadio Marconi 
Corrcios e Telecommunicacdes de Portugal 
Rovaume-Uni 
British Telecommunications PLC 
Mercury Communications Ltd 
City of Kingston-Upon-Hull 
Racal Vodafone 
Telecoms Securicor Cellular Radio Ltd (Cellnet). 
( ) except PTT Post BV 
(ANNEX X) - 2 -
ANNEX XI 
I.15T OK PBOmSSlWAL ACTJVIT113 . 
AS SET OUT IN Tll£ CKNFJIAJ. INDU5T7UAJL CLASSIFICAT!ON 
Of ECMOKJC ACTIVITIES *TlTlriN THE EUKOPEAW COKXUK1TTES 
(AlMEX XI) 
- 1 -o-..-. 
EC C'o^:— 
too 
*."i 
uz: tOD.l 
SCTJ 
loo 
IC1.4 
SCVO 
JO .7 
3CZ.1 
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0*rt«ral t-ufVi/vp «_-vS ctv*l »»v3ir»»«rtr.Q wort f^-f.^ovl »«iy p»fci/i«' 
CWrwThJon %*-o.it 
RocfWp 
Co«"»rt7velc>o of ^1-n/vryi. k^lr* «»-»d tom*c*» 
W«i» rprocfl/vg •.id' tf»nvppr&of!<vg 
fU-rtoncion •.id rrwi_'fn»<»«j%o» cf octaJtfa «-«JU 
Ef»c*Joo «j%d tfVtrruLrtCJ«rT\*nt of fcCrfloJdl^g 
\ 
Our*tenJ CNC •rtgirMMrtng work 
E* rpvcrfcovi.-vj (rurwyCrvf) 
Cone^n^cSoo o< bride**. bMv>«u */*d a^j^ts. enutng 
Hj-tfrmirtc t><lwiftofl (rtv-vra. OU\JJ«, harbow «o-"». fcx*c» «r>d 
evnt) 
Ro»-*-OvrfV?V%j (V-kC^^yinc «c>«<4*/t=»tf cm'wuvcaon o< «J«7«oru »rvd 
A*P*WTJ^J 
Ppa<l4Jt£a^ oori«arv*CL*>-i work rWrtfrig to »il»f (La. to Hrte«tl©«i. hnd 
0*rv!sv*c«, «rK**r mu~>pfy. •*"*«* CWpo^d. awa-vra^a. alt) 
(AlWEX XI) - 2 -SCI 
UM •C3JZ 
sex* 
8C0J 
sca.fi 
5CX 1 
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ln«?aJlc3on erf »^4K B-^Ntnlog ©oo3>/cfc><x, W«phoo«>. etc 
•oC^Ing cpi.fi !•<!•• »xx-k 
OwwnJ CH*S£V>g oo"vp*r3o« *-o<x 
' Joir^ry. prta%*/î>y 4w»ÇfcC*"d k"» on C»« «-•»• •a»«-r>t>»r êJ^SJor loculUtlon 
(U»c*wdlf»a TT^ Uytrtg of p4--qu«l r-oonrvg} 
Ttlrtfl «J^ oCMrwlM cc»ri'*0 floor» «j^d »L"4 
C*VN«r twJ.ICtng OOOp*» UOt +*QfX (p*.TJ<\g In r.f»pl«c«. wic.) 
IÇ)^ 
ANNEX XII 
A. Open procedures 
1. The name, address, telephone number, telegraphic address, telex and telecopier 
number of the contracting entity. 
2. Nature of the contract (supply or works; where appropriate, state if it is a 
framework agreement). 
3. (a) Place of delivery, or site: 
(b) Nature and quantity of the goods to be supplied: 
or 
The nature and extent of the services to be provided and general nature of 
the work. 
(c) Indication of whether the suppliers can tender for some and/or all of the 
goods required. 
If, for works contracts, the work or the contract is subdivided into 
several lots, the order of size of the different lots and the possibility 
of tendering for one, for several or for all of the lots. 
(d) Authorization to submit variants. 
(ANNEX XII) - 1 -
y) og 
(e) For works contracts: 
Information concerning the purpose of the work or the contract where the 
latter also involves the drawing up of projects. 
4. Derogation from the use of European specifications, in accordance with 
Article 13(6). 
5. Time-limits for delivery or completion. 
6. (a) Name and address of the service from which the contract documents and 
additional documents may be requested. 
(b) Where appropriate, the amount and terms of payment of the sum to be paid 
to obtain such documents. 
7. (a) The final date for receipt of tenders. 
(b) The address to which they must be sent. 
(c) The language or languages in which they must be drawn up. 
8. (a) Where appropriate, the persons authorized to be present at the opening of 
tenders. 
(b) The date, hour and place of such opening. 
9. Where appropriate, any-deposits and guarantees required. 
10. Main terms concerning financing and payment and/or references to the 
provisions in which are contained. 
(ANNEX XII) - 2 -
'Mo 
11. Where appropriate, the legal form to be taken by the grouping of suppliers or 
contractors to whom the contract is awarded. 
12. Minimum economic and technical conditions required of the supplier or 
contractor to whom the contract is awarded. 
13. Period during which the tenderer is bound to keep open his tender. 
14. The criteria for the award of the contract. Criteria other than that of the 
lowest price shall be mentioned where they do not appear in the contract 
documents. 
15. Other information. 
16. Where appropriate, the reference to publication of the periodic information 
notice in the Official Journal to which the contract refers. 
17. Date of dispatch of the notice by the contacting entities. 
18. Date of receipt of the notice by the Office for Official Publications of the 
European Communities (to be supplied by the said Office). 
B. Restricted procedures 
1. The name, address, telephone number, telegraphic address, telex and telecopier 
number of the contracting entity. 
2. Nature of the contract (supply or works; where appropriate, state if it is a 
framework agreement). 
(ANNEX XII) - 3 -
s)s\n 
3. (a) Place of delivery, or site: 
(b) Nature and quantity of the goods to be supplied 
or 
The nature and extent of the services to be provided and general nature of 
the work. 
(c) Indication of whether the suppliers can tender for some and/or all of the 
goods required. 
If, for works contracts, the work or the contract is subdivided into 
several lots, the order of size of the different lots and the possibility 
of tendering for one, for several or for all of the lots. 
(d) Authorization to submit variants. 
(e) For works contracts: 
Information concerning the purpose of the work or the contract where the 
latter also involves the drawing up of projects. 
4. Derogation from the use of European specifications, in accordance with 
Article 13(6). 
5. Time-limits for delivery or completion. 
6. Where appropriate, the legal form to be taken by the grouping of suppliers or 
contractors to whom the contract is awarded. 
(ANNEX XII) - 4 
11<i 
7. (a) The final date for receipt of requests to participate. 
(b) The address to which they must be sent. 
(c) The language or languages in which they must be drawn up. 
8. The final date for dispatch of invitations to tender. 
9. Where appropriate, any deposits and guarantees required. 
10. Main terms concerning financing and payment and/or references to the texts in 
which these are contained. 
11. Information concerning the supplier's or contractor's position and minimum 
economic and technical conditions required of him. 
12. The criteria for the award of the contract where they are not mentioned in the 
invitation to tender. 
13. Other information. 
14. Where appropriate, the reference to publication of the periodic information 
notice in the Official Journal to which the contract refers. 
lb. Date of dispatch of the notice by the contracting entities. 
16. Date of receipt of the notice by the Office for Official Publications of the 
European Communities (to be supplied by the said Office). 
(ANNEX XII) - 5 
413 
C. Negotiated procedures 
1. The name, address, telephone number, telegraphic address, telex and telecopier 
number of the contracting entity. 
2. Nature of the contract (supply or works; where appropriate, state if it is a 
framework agreement). 
3. (a) Place of delivery, or site. 
(b) Nature and quantity of the goods to be supplied: 
or 
The nature and extent of the services to be provided and general nature of 
the work. 
(c) Indication of whether the suppliers can tender for some and/or all of the 
goods required. 
If, for works contracts, the work or the contract is subdivided into 
several lots, the order of size of the different lots and the possibility 
of tendering for one, for several or for all of the lots. 
(d) For works contracts: 
Information concerning the purpose of the work or the contract where the 
latter also involves the drawing up of projects. 
4. Derogation from the use of European specifications, in accordance with 
Article 13(6). 
5. Time-limit for delivery or completion. 
(ANNEX XII) - 6 -
/7iq 
6. Where appropriate, the legal fori» to be taken by the grouping of suppliers or 
contractors to whom the contract is awarded. 
7. (a) The final date for receipt of tenders. 
(b) The address to which they must be sent. 
(c) The language or languages in which they must be drawn up. 
8. Where appropriate, any deposits and guarantees required. 
9. Main terms concerning financing and payment and/or references to the texts in 
which these are contained. 
10. Information concerning the supplier's or contractor's position and minimum 
economic and technical conditions required of him. 
11. Where appropriate, the names and addresses of suppliers or contractors already 
selected by the contracting entity. 
12. Where applicable, date(s) of previous publications in the Official Journal of 
the European Communities. 
13. Other information. 
14. Where appropriate, the reference to publication of the periodic information 
notice in the Official Journal to which the contract refers. 
15. Date of dispatch of the notice by the contracting entities. 
(ANNEX XII) - 7 -
Ans 
16. Date of receipt of the notice by the Office for Official Publications of the 
European Communities (to be supplied by the said Office). 
(ANNEX XII) - 8 -
11G 
ANNEX XIII 
Notice on the existence of a qualification system 
1. Name, address, telephone number, telegraphic address, telex and telecopier 
number of the contracting entity. 
2. Purpose of the qualification system. 
3. Address where the rules concerning the qualification system can be obtained (if 
different from the address mentioned under 1.). 
4. Where applicable, duration of the qualification system. 
(ANNEX XIII) - 1 -
nq 
ANNEX XIV 
Periodic Information Notice 
A. For supply contracts: 
1. Name, address, telephone number, telegraphic address, telex and telecopier 
number of the contracting entity or the service from which additional 
information may be obtained. 
2. Nature and quantity or value of the services or products to be supplied. 
3. (a) Estimated date of the commencement of the procedures of the award of the 
contract(s) (if known). 
(b) Type of award procedure to be used. 
4. Other information (for example, indicate if a call for competition will be 
published later). 
5. Date of dispatch of the notice by the contracting entities. 
6. Date of receipt of the notice by the Office for Official Publications of the 
European Communities (to be supplied by the said Office). 
(ANNEX XIV) - 1 -
^g 
B. For works contracts 
1. The name, address, telegraphic address, telephone, telex and telecopier 
number of the contracting entity. 
2. (a) The site. 
(b) The nature and extent of the services to be provided, the main 
characteristics of the work or of the lots by reference to the work. 
(c) An estimate of the cost of the services to be provided. 
3. (a) Type of award procedure to be used. 
(b) The date scheduled for initiating the award procedures in respect of the 
contract or contracts. 
(c) The date scheduled for the start of the work. 
(d) Planned timetable for completion of the work. 
4. Terms of financing of the work and of price revision. 
5. Other information (for example, indicate if a call for competition will be 
published later). 
6. Date of dispatch of the notice by the contracting entities. 
7. Date of receipt of the notice by the Office for Official Publications of the 
European Communities (to be supplied by the said Office). 
(ANNEX XIV) - 2 -
"M 9 
ANNEX XV 
Notice on contracts awarded 
1. INFORMATION FOR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN 
COMMUNITIES 
1. Name and address of the contracting entity 
2. Nature of the contract (supply or works; where appropriate, state if it is 
a framework agreement) 
3. At least a summary indication of the nature of the products, works or 
services provided 
4. (a) Form of the call for competition (notice on the existence of a 
qualification procedure; periodic information notice; call for tenders) 
(b) Reference of publication of the notice in the Official Journal of the 
European Communities 
(c) In the case of contracts awarded without a prior call for competition, 
indication of the relevant provision of Article 15(2). 
5. Award procedure (open, restricted or negotiated) 
6. Number of tenders received 
(ANNEX XV) - 1 -
/\lo 
7. Date of award of the contract 
8. Price paid for bargain purchases under Article 15(2)(j) 
9. Name and address of successful supplier(s) or contractor(s) 
10. State, where appropriate, whether the contract has been, or may be, 
sub-contracted. 
11. Optional information: 
- value and share of the contract which may be sub-contracted to 
third parties; 
- award criteria; 
- price paid (or range of prices). 
11. INFORMATION NOT INTENDED FOR PUBLICATION 
12. Number of contracts awarded (where an award has been split between more 
than one supplier) 
13. Value of each contract awarded 
14. Country of origin of the product or service (EEC origin or non-Community 
origin; if the latter, broken down by third country) 
(ANNEX XV) - 2 -
/)Z^] 
15. Was recourse made to the exceptions to the use of European specifications 
provided for under Article 13(6). If so, which? 
16. Which award criteria was used (most economically advantageous: lowest 
price: criteria permitted under Article 28)? 
17. Was the contract awarded to a bidder who submitted a variant, in 
accordance with Article 27(3)? 
18. Were any tenders excluded on the grounds that they were abnormally low, 
in accordance with Article 27(5)? 
19. Date of transmission of the notice by the contracting entities. 
(ANNEX XV) - 3 -
ANNÊX XVI 
A^z 
AMENDMENTS OF THE EUROPEAN PARLIAMENT NOT lACCEPTED BY THE COMMISSION 
(Amendment No. 2) 
Article 2(2)(4) 
(a) the provision and/or operation 
of fixed networks intended co 
provide a service to the public in 
connection with the production, 
transport or distribution of : 
(1) drinking water; or 
(ii) electricity; or 
(iii) gas or heat; 
and/or the supply of drinking 
water, electricity, gas or heat to 
such networks; 
(Amendment Ho. 4) 
Article 3(1), introductory phrase 
1. Member States may request the 
Commission to authorize that 
exploitation of geographical areas 
for the purpose of exploring for, or 
extracting, oil, gas, coal or other 
•olid fuels shall not be considered 
an activity defined in Article 
2(2)(b)(1) and that entities shall 
not bo considered as operating under 
special or exclusive rights within 
the meaning of Article 2(3)(b) by 
virtue of carrying on one or more of 
these activities, provided that all 
the following conditions are 
satisfied with respect to the 
relevant national provisions 
concerning such activities: 
(Amendment No. SI 
Article 3(4), first subparagraph 
4. A Member State. which wishes to 
apply paragraph y 1 ; shall/ request 
authorization from the Commission. 
In addition, .it. :. shall inform- "the 
Commission of any'•;law, regulation or 
;administrative provision, -agreement 
,iP r > • u nders ta nd ing - ^ el a t i ngj£ • t o 
compliance ^ with-'i'the'^ conditions 
referred to in paragraphs 1 and 2.; 
-1-
ms 
(Amendment No. 61 
Article 3(4), second subparagraph 
The Commission shall take a decision 
in accordance with the procedure 
laid down in Article 32(4) to (7). 
It shall publish its decision, 
giving its reasons, in the Official 
Journal of."the European Communities. 
Should • the '•Commission refuse ' to 
grant authorization, this Directive 
shall apply with the exception, of 
the present Article. 
(Amendment No. 101 
Article 12(6), new paragraph after first paragraph 
3efore 31 December 1991, the 
Commission will publish in the 
Official Journal • of the European 
Communities a notice to the Member 
States describing in practical terms 
how the notion of work is to. be 
understood and applied. •':''•'-.. 
(Amendment No*__lJL 
Article 23(1) 
1. Article 27(1) shall not apply 
where a Member State bases the.award 
of contracts- on "other ;'T criteria' 
within" the framework. \of ..rules in 
:force'£at : thejv^tiroeo'Jof;^ adoption^ of 
this" . Directive"'.' whose'- \aim :':is , ; to 
promote or safeguard 'equal 'rights 
and opportunities for women. : the 
disabled or workers from minority 
groups or to. give preference to 
certain tenderers, provided the 
rules invoked are compatible with 
the Treaty. 
-2-
(Amendment No. 17) 
Article 28(2) 
2. Without prejudice to paragraph 1, 
this Directive shall not prevent, 
the application of national 
provisions in force on the award of 
supply or works contracts which have 
as their objective the reduction of 
regional disparities, the renewal of 
urban areas and the promotion of job 
creation in disadvantaged regions 
and areas or those suffering from 
industrial decline, provided that 
the provisions concerned are 
compatible with the Treaty and with 
the Community's international 
obligations. 
(Amendment No. 23) 
Annex XV, Point 13a (new) 
13a. Share of the contract put out 
to subcontractors and the value 
thereof; 
(Amendment No. 28) 
Article 1(4) 
/ 
/framework agreement' shall mean an 
agreement between one of the 
contracting entities defined in 
Article 2 and one or more suppliers 
or contractors, the purpose of which 
is to establish the terms, in 
particular with regard to the prices 
and, where appropriate, the quantity 
envisaged, governing the contracts 
to be awarded during a period not 
exceeding four years; 
(Amendment No. 29) 
Article 12(5) 
The basis for calculating the value 
of a framework agreement shall be 
the estimated maximum value of all 
the contracts envisaged for the 
period in question, which shall not 
exceed four years. --721/ 
-3-


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