COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 236 final - SYN 361 
Brussels, 24 May 1993 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
coordinating the procurement procedures 
of entities operating in the water, 
energy, transport and telecommunications sectors 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
z 
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 21 December 1992 and the proposed amendments to 
that common position adopted by the European Parliament on second reading on 21 April 
1993. As the Commission stated at the plenary session, it could accept both amendments 
adopted by Parliament and it would incorporate them in its re-examined proposal. 
II. Analysis of the re-examined proposal 
The proposal reflects the agreement existing between the Council, Parliament and the 
Commission, except for two points where the proposal reflects the European Parliament's 
amendments (in annex). The points at which the re-examined proposal differs from the 
common position are set out below : 
a) Article 13(1). last subparagraph 
Article 13 in the common position provides an exemption, under certain conditions, for 
certain service contracts awarded by a contracting entity to an undertaking within its group. 
The Article contains a provision which requires contracting entities with more than one 
affiliated undertaking providing the "same or identical" services to take account of the total 
turnover derived from the provision of services by those undertakings. This should avoid 
abusive splitting of affiliated undertakings to avoid the Directive. The re-examined proposal 
corrects an unintended error in that provision in that reference is made to services which are 
the "same or similar". Furthermore, the words "in the Community" are added. These 
modifications, which do not change the substance, improve the clarity of the text. 
b) Article 24 (3) 
This Article in the common position contains a provision which allows contracting entities 
to withhold publication of notices for service contracts awarded in one of the "non-priority" 
categories. The re-examined proposal deletes this provision in accordance with Parliament's 
amendment, as it is in the service provider's interest that such information is made available. 
1. 3 
Re-examined proposal 
for a Council Directive 
coordinating the procurement procedures 
of entities operating in the water, 
energy, transport and telecommunications sectors 
in the proposal, Article 13(1), last subparagraph is replaced by the 
following: 
"Where more than one undertaking affiliated with the contracting 
entity provides the same service or similar services, the total 
turnover deriving from the provision of services by those undertakings 
in the Community shall be taken Into account." 
in the proposal, Article 24(3) is replaced by the following: 
"Contracting entities awarding service contracts within category No 8 
of Annex XVI A to which Article 20(2)(b) applies need mention, 
concerning point 3 of Annex XV, only the main title thereof within the 
meaning of the classification of Annex XVI. Contracting entities 
awarding service contracts within category No 8 of Annex XVI A to 
which Article 20(2)(b) does not apply may, on the grounds of 
commercial confidentiality, limit the information provided for in 
point 3 of Annex XV. However, they must ensur that any information 
published under this point Is no less detailed than that contained in 
the notice of the call for competition published in accordance with 
Article 20(1) or, where a qualification system is used, no less 
detailed than the category referred to In Article 30(7)." 

EN ISSN025«4' H 
COM(93) 236 final 
DOCUMENTS 
08 
Catalogue number : CB-CO-93-266-EN-C ' 
ISBN 92-77-56161-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg