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r COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 667 final 
Brussels, 20 December 1993 
Proposal for a 
COUNCIL DECISION 
concerning the extension of the benefit of the provisions of Directive 90/531/EEC 
in respect of the Republic of Austria, the Republic of Finland, the Republic of Iceland, 
the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden 
|S « (presented by the Commission) 
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EXPLANATORY MEMORANDUM 
The Agreement on the European Economic Area (EEA) contains provisions 
concerning the implementation of Council Directive 90/531/EEC2 on the procurement 
procedures of entities operating in the water, energy, transport and 
telecommunications sectors (the "Utilities Directive") by the EFTA countries which are 
parties to the Agreement. 
Article 29 of the Utilities Directive provides that tenders comprising products 
originating in third countries should be subject to certain restrictions, except where the 
Community has concluded an agreement with that country ensuring "effective and 
comparable" access for Community undertakings to that country's public procurement 
markets. As a result of the EEA agreement, Austria, Finland, Iceland, and Sweden will 
provide that level of access to their markets from the date of entry into force of the 
EEA of 1 January 1994. They should not therefore be subject to the restrictions 
imposed on third country tenders by Article 29. 
Norway and Liechtenstein however, have been granted a derogation from the Utilities 
Directive until 31 December 1994. The proposed Council Decision therefore makes 
clear that the benefits of the Directive will be extended to Norway from 1 January 
1995, or from the date Norway implements the Utilities Directive, if that is earlier and 
to Liechtenstein from 1 January 1995 or from the date of the application to the EEA 
Agreement, if that is later. 
OJN°L297, 29.10.1990, p. 1 
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Proposal for 
a 
Council Decision 
of... December 1993 
concerning the extension of the benefit of the provisions of Directive 90/53 l/EEC 
in respect of the Republic of Austria, the Republic of Finland, the Republic of Iceland, 
the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 29 of Council Directive 90/53 l/EEC of 17 September 1990 on the 
procurement procedures of entities operating in the water, energy, transport and 
telecommunications sector1 applies to tenders comprising products originating in third 
countries with which the Community has not concluded an agreement ensuring 
comparable and effective access for Community undertakings to the markets of these 
countries; 
Whereas the Agreement on the European Economic Area, and in particular Annex 
XVI thereof, hereinafter referred to as the EEA Agreement, from the date of its entry 
into force ensures comparable and effective access for Community undertakings to the 
markets in Austria, Finland, Iceland and Sweden as regards the award of contracts in 
the water, energy, transport and telecommunications sectors; whereas that Agreement 
has been approved by the Council; 
Whereas Norway and Liechtenstein have been granted a transitional period until 31 
December 1994 as regards Council Directive 90/53 l/EEC; whereas the benefits of 
Directive 90/53 l/EEC will be extended to Norway and Liechtenstein upon its 
implementation, 
Whereas the Protocol on the adaptation of the EEA Agreement stipulates that the 
EEA Agreement will enter into force in Liechtenstein at a date to be fixed by the 
Council of the EEA. 
HAS ADOPTED THIS DECISION: 
'OJN°L297, 29.10 1990, p. 1 
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Article 1 
The benefit of the provisions of Directive 90/53 l/EEC is hereby extended to tenders 
comprising products originating in the Republic of Austria, the Republic of Finland, 
the Republic of Iceland and the Kingdom of Sweden.The benefit of the provisions of 
Directive 90/53 l/EEC will be extended to tenders comprising products 
- originating in the Kingdom of Norway as from 1 January 1995 or from the date of 
Norway's implementation of Directive 90/53 l/EEC, whichever is the earlier 
- originating in the Principality of Liechtenstein as from 1 January 1995 or from the 
date of the application of the EEA Agreement to Liechtenstein, if that is later. 
Article 2 
This decision shall take effect from 1 January 1994. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, ... December 1993 
For the Council 
The President 
ISSN 0254-1475 
COM (93) 667 final 
DOCUMENTS 
EN 08 li 
Catalogue number : CB-CO-93-721-EN-C 
ISBN 92-77-62851-0 
Office for Official Publications of the European Communities 
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