10. 3. 88 Official Journal of the European Communities No C 65/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 77/62/EEC relating to the coordination of 
procedures on the award of public supply contracts and deleting certain provisions of Directive 
80/767/EEC 
COM(88) 42 final/2 
(Submitted by the Commission to the Council pursuant to Article 149 (2) (d) of the EEC Treaty on 
11 February 1988) 
(88/C 65/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission ('), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and 
Social Committee (3), 
Whereas those measures need to be taken which aim at 
progressively establishing the internal market, in a period 
up to 31 December 1992; whereas the internal market 
consists of an area without internal frontiers in which 
free circulation of goods, persons, services and capital is 
guaranteed; 
Whereas successive European Councils have drawn 
conclusions concerning the need to realize a single 
internal market; 
Whereas the White Paper on the completion of the 
internal market fixes an action programme and a 
timetable for the opening up of public supply contracts; 
Having regard to the report on the application of 
Directive 77/62/EEC (4), as last amended by the Act of 
Accession of Spain and Portugal, and Directive 
80/767/EEC (5) submitted by the Commission to the 
Council on 14 December 1984 in reply to the Council 
resolution of 21 December 1976, 
(l) OJ No C 173, 11. 7. 1986, p. 4; OJ No C 161, 19. 6. 1987, 
p. 10 and OJ No C 303, 13. 11. 1987, p. 3. 
O Opinions delivered on 9 July 1987 (OJ No C 246, 
14. 9. 1987, p. 58) and on 15 December 1987. 
O OJ No C 68, 16. 3. 1987, p. 7. 
(4) OJ No L 13, 15. 1. 1977, p. 1. 
(') OJ No L 215, 18. 8. 1980, p. 1. Whereas it is necessary to improve and extend the scope 
of the Directive by increasing the transparency of 
procedures and practices for the award of public supply 
contracts, and to make possible stricter enforcement of 
the prohibition of restrictions on the free movement of 
goods, which constitutes the basis of these Directives; 
Whereas it is necessary to amend these Directives in 
order to incorporate the changes to the GATT 
Government Procurement Agreement agreed in 
December 1986; 
Whereas it is necessary to develop the conditions of 
effective competition for public supply contracts and the 
economic, budgetary and industrial benefits which result 
from it; 
Whereas it is necessary, to that end, to define the extent 
of the exemptions by sector in order to ensure, in view 
of the divergent interpretations, that the disequilibrium 
in the application of the Directives between Member 
States does not increase; 
Whereas the inclusion of the defence sector under this 
Directive needs to be clarified by reference to the provisions 
of the EEC Treaty; 
Whereas it is appropriate to lay down the applicable 
thresholds, including the GATT related threshold, in a 
single provision; 
Whereas the open procedure best assures the estab­
lishment of equality in the conditions of participating in 
public contracts in all the Member States; whereas it is 
necessary to make the use of this procedure the rule, 
with the use of other procedures requiring a justification 
and the establishment of reports relating to it; 
Whereas in order to limit the use of the single tender 
procedure it is appropriate to create a negotiated 
procedure, which exists already in the practice of certain 
Member States and in addition to define the conditions 
where extreme urgency can be invoked and the period 
during which additional deliveries can be carried out; 
No C 65/6 Official Journal of the European Communities 10. 3. 88 
Whereas the negotiated procedure shall be considered as 
exceptional and therefore shall only be applied in certain 
specified cases; 
Whereas it is necessary to adapt the common rules in the 
technical domain to the new Community policy in 
respect of standardization; 
Whereas all the operations and procedures related to the 
supply activities of the contracting authorities should be 
made more transparent; whereas, to this end, it is appro­
priate that the contracting authorities make known their 
purchasing programmes by means of advance infor­
mation notices at Community level and that contracting 
authorities which use non-competitive tendering should 
permit other potential suppliers to establish and show 
their interest in such purchases and that information on 
the conditions under which contracts have been awarded 
should also be made public by the same method in order 
to stimulate more interest and participation on the part 
of a greater number of suppliers at Community level in 
public supply contracts; 
Whereas it is necessary to fix certain time limits in order 
to avoid delays in the transmission of advance infor­
mation notices and notices on contracts awarded; 
Whereas it is necessary to extend the time limits for the 
receipt of requests for participation and tenders in the 
framework of public supply contracts in order to 
improve the access and participation by a greater number 
of suppliers; 
Whereas the principle of equal pay for men and women is 
established by the Treaty; whereas the directives on equal 
pay and equal treatment for men and women (J) contribute 
to ensuring fair competition; 
Whereas failure to comply with statutory obligations 
regarding health and safety at work and equal opportunities 
for the handicapped and racial or religious minorities can 
enable a supplier, in certain circumstances, to derive unfair 
economic advantage; 
Whereas it is desirable to place national rules aiming at 
regional development in a Community context; 
Whereas the Council will, within a fixed period, decide on 
the Commission proposal for a directive on monitoring and 
compliance with EC directives on the award of public 
contracts; 
Whereas Spain has only just adopted internal legislation 
to implement Directive 77/62/EEC; whereas further 
changes at this stage would adversely affect the adap­
tation by the private sector in this country, it is appro­
priate to allow Spain additional time to implement the 
present Directive in its entirety; 
(') Directive 75/117/EEC, OJ No L 45, 19. 2. 1975; 
Directive 76/207/EEC, OJ No L 39, 14. 2. 1976; 
Directive 79/37/EEC, OJ No L 6, 10. 1. 1979; 
Directive 86/378/EEC, OJ No L 225, 12. 8. 1986; 
Directive 86/613/EEC, OJ No L 359, 19. 12. 1986. Whereas Portugal needs a transitional period for similar 
reasons; 
Whereas Greece is about to conclude the process of 
adapting her national law to Directive 77/62/EEC and 
the incorporation at this stage of new Community rules 
would adversely affect the public supply contract sector, 
in particular with regard to certain economically 
significant factors, namely stability, transparency and the 
maintenance, in the medium term, of the framework of 
trading conditions; 
Whereas, in view of the conclusions of the said 
European Councils, of the provisions of the White 
Paper, of the said report, Directive 77/62/EEC should 
be amended and certain provisions of Directive 
80/767/EEC repealed, 
HAS ADOPTED THIS DIRECTIVE: 
TITLE I 
Amendments to the Directive 77/62/EEC 
Article 1 
Directive 77/62/EEC is hereby amended in accordance 
with the provisions of this Title. 
Article 2 
Article 1 (a) is replaced by the following: 
'(a) "public supply contracts" shall be contracts for 
pecuniary interest concluded in writing involving the 
purchase, lease, rental .or hire purchase, with or 
without option to buy, of products between a 
supplier (a natural or legal person) and one of the 
contracting authorities defined in (b) below. The 
delivery of such products may in addition include 
siting and installation operations'. 
New subparagraphs (d), (e) and (f) are added as follows: 
(d) 'open procedures' within the meaning of this Directive 
are those national procedures whereby all interested 
suppliers can present an offer; 
10. 3. 88 Official Journal of the European Communities No C 65/7 
(e) 'restricted procedures' within the meaning of this 
Directive are those national procedures whereby only 
those suppliers invited by the contracting authority may 
submit tenders; 
(f) 'negotiated procedures' within the meaning of this 
Directive are those national procedures whereby 
contracting authorities consult suppliers of their choice 
and negotiate the terms of the contract with one or 
several of them. 
Article 3 
A new Article 2 is inserted: 
'Article 2 
Without prejudice to Articles 3, 4 and 5 (1), this 
Directive shall apply to all products within the meaning 
of Article 1 (a) including those covered by contracts 
awarded by contracting authorities in the field of 
defence, except for the products referred to in Article 
223 (1) (b) of the Treaty.' 
Article 4 
Article 2 of the Directive becomes Article 3 and its 
paragraph (1) is deleted. 
Article 3 (2) of the Directive is replaced by the 
following: 
'This Directive shall not apply to: 
(a) public supply contracts awarded by carriers by 
land, sea or air; 
(b) public supply contracts awarded by contracting 
authorities in so far as those contracts concern 
the production, transport and distribution of 
drinking water or those contracting authorities 
whose principal activity lies in the production and 
distribution of energy, nor to those contracting 
authorities whose principal activity is to offer 
telecommunications services; 
(c) supplies which are declared secret or when their 
delivery must be accompanied by special security 
measures in accordance with the laws, regu­
lations or administrative provisions in force in the 
Member State concerned or when the protection 
of the basic interests of that State's security so 
requires.' 
Article 5 
Article 3 of the Directive becomes Article 4. 
Article 6 
Article 4 of the Directive is deleted. Article 7 
Article 5 is replaced by the following: 
Article 5 
1. (a) The provisions of Titles II, III and IV and of 
Article 6 shall apply to public supply contracts 
— awarded by the contracting authorities 
referred to in Article 1 (b) including 
contracts awarded by the contracting auth­
orities in the field of defence listed in 
Annex I to Directive 80/767/EEC, in so 
far as the products not listed in Annex II 
to the said Directive are concerned, 
provided that the estimated value net of 
VAT is not less than 200 000 ECU, 
— awarded under the terms and conditions of 
Directive 80/767/EEC by the contracting 
authorities listed in Annex I to the said 
Directive and whose estimated value net of 
VAT is not less than 130 000 ECU; in the 
case of contracting authorities in the field 
of defence, this shall apply only to 
contracts involving products covered by the 
said Directive in accordance with Annex II 
thereto. 
(b) The Directive shall apply to public supply 
contracts for which the estimated value equals 
or exceeds the threshold concerned at the time 
of publication of the notice in accordance with 
Article 9 (2). 
(c) The value of the thresholds in national 
currencies and the threshold of the GATT 
Agreement in terms of the ECU shall in 
principle be revised every two years with effect 
from 1 January 1988. The calculation of these 
values shall be based on the average daily 
values of these currencies in terms of the ECU 
and of the ECU in terms of the Special 
Drawing Rights (SDR) over the 24 months 
terminating on the last day of October im­
mediately preceding the 1 January revision. 
The values shall be published in the Official 
Journal of the European Communities at the 
beginning of November. 
(d) The method of calculation laid down in 
subparagraph (c) shall be examined, on the 
Commission's initiative, by the Advisory 
Committee for Public Contracts, in principle 
two years after its initial application. 
2. In the case of contracts for the lease, rental or 
hire purchase of products, the bases for calculating 
the estimated contract value shall, be: 
— in the case of fixed term contracts, where their 
term is 12 months or less, the calculation should 
be based on the total contract value for its 
duration, or, where their term exceeds 12 months, 
its total value including the estimated residual 
value, 
— in the case of contracts for an indefinite period or 
in cases where there is doubt as to the duration of 
the contracts, the monthly instalment multiplied 
by 48. 
No C 65/8 Official Journal of the European Communities 10. 3. 88 
3. In the case of regular supply contracts or of 
contracts which are to be renewed within a given 
time, either the aggregate cost of similar contracts 
concluded over the previous fiscal year or 12 months 
adjusted, where possible, for anticipated changes in 
quantity or value over the subsequent 12 months or 
the estimated aggregate cost during the 12 months 
following first delivery or during the term of the 
contract where this is greater than 12 months must be 
taken as the basis for the application of paragraph 1. 
The selection of the valuation method shall not be 
used with the intention of avoiding the application of 
this Article. 
4. If a proposed procurement of supplies of the 
same type may lead to contracts being awarded at the 
same time in separate parts, the estimated value of 
the total sum of these parts must be taken as the basis 
for the application of paragraphs 1 and 2. 
5. In cases where a proposed procurement 
specifies option clauses, the basis for calculating the 
estimated contract value shall be the highest possible 
total purchase, lease, rental, or hire-purchase 
permissible, inclusive of the option clauses. 
6. No procurement requirement for a given 
quantity of supplies may be split up with the intention 
of avoiding the application of this Article.' 
Article 8 
Article 6 is replaced by the following: 
'Article 6 
L In awarding public supply contracts the 
contracting authorities shall apply the procedures 
defined in Article 1 (d), (e) and (/), adapted to this 
Directive, in the cases set out below. 
2. The contracting authorities may award their 
supply contracts using the restricted procedure in 
justified cases. 
Such justification may, inter alia, be constituted by: 
— a need to maintain a balance between market 
value and procedural costs, 
— a need arising from the specific nature of the 
products to be procured. 
3. The contracting authorities may award their 
supply contracts by negotiated procedure in the event 
of irregular tenders in response to an open or 
restricted procedure or in the event of tenders which 
are unacceptable under national provisions that are in 
accordance with the provisions of Title IV, in so far 
as the original terms for the contract are not substan­
tially altered. The contracting authorities shall in 
these cases publish a tender notice unless they include 
in such negotiated procedures all the enterprises 
satisfying the criteria of Articles 16 to 20 which, 
during the prior open or restricted procedure, have submitted offers in accordance with the formal 
requirements of the tendering procedure. 
4. The contracting authorities may also award 
their supply contracts by negotiated procedure 
without prior publication of a tender notice in the 
following cases: 
(a) in the absence of tenders in response to an open 
or restricted procedure in so far as the original 
terms of the contract are not substantially altered 
and provided that a report is communicated to 
the Commission; 
(b) when the articles involved are manufactured 
purely for the purpose of research, experiment, 
study or development, this provision not 
extending to quantity production to establish 
commercial viability or to recover research and 
development costs; 
(c) when, for technical or artistic reasons, or for 
reasons connected with protection of exclusive 
rights, the goods supplied may be manufactured 
or delivered only by a particular supplier; 
(d) in so far as is strictly necessary when, for reasons 
of extreme urgency brought about by events 
unforseeable by the contracting authorities, the 
time limits laid down for the open and restricted 
procedures cannot be kept. The circumstances 
invoked to justify extreme urgency must not in 
any case be attributable to the contracting auth­
orities; 
(e) 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 authority to acquire material having 
different technical characteristics which would 
result in incompatibility or disproportionate 
technical difficulties in operation and main­
tenance. The length of such contracts as well as 
that of recurrent contracts may, as a general rule, 
not exceed three years. 
5. In all other cases, the contracting authorities shall 
award their supply contracts by the open procedure. 
6. In the case of restricted or negotiated 
procedures, the contracting authorities shall draw up 
10. 3. 88 Official Journal of the European Communities No C 65/9 
a written report which shall contain the justification 
for the use of that procedure and shall include at 
least the name and address of the contracting 
authority, the value, quantity and nature of products 
purchased, the number of requests to participate 
received, the number of candidates invited to present 
an offer and, should the occasion arise, the number 
of candidates rejected and the reasons for their 
rejection. The report shall also indicate, in the case of 
the use of negotiated tender procedures, the circum­
stances referred to in paragraphs 3 and 4 with due 
justification which have led to the use of these 
procedures. 
This report, or the main features of it, shall be 
communicated to the Commission at its request.' 
Article 9 
Article 7 is replaced by the following: 
'Article 7 
1. The technical specifications defined in Annex II 
shall be given in the general documents or the 
contractual documents relating to each contract. 
2. Without prejudice to the legally binding 
national technical rules in so far as these are 
compatible with Community law, such technical 
specifications shall be defined by the contracting 
authorities by reference to national standards im­
plementing European standards, or by reference to 
common technical specifications. 
3. A contracting authority may make exceptions 
from paragraph 2 if: 
(a) the standards do not include provision for estab­
lishing conformity, or technical means do not 
exist to establish satisfactorily conformity of a 
product to these standards; 
(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 telecommuni­
cations terminal equipment ('), or Council 
Decision 87/95/EEC of 22 December 1986 on 
standardization in the field of information tech­
nology and telecommunications (2), or other 
Community instruments in specific service or 
product areas; 
(c) use of these standards would oblige the contracting 
authority to acquire supplies incompatible with 
equipment already in use or would entail dispro­
portionate costs or disproportionate technical diffi­
culties, but only as part of a clearly defined and 
recorded strategy with a view to change over, 
within a determined period, to European standards 
or common technical specifications; 
(') OJ No L 217, 5. 8. 1986, p. 21. 
O OJ No L 36, 7. 2. 1987, p. 31. (d) the project concerned is of a genuinely innovative 
nature for which use of existing standards would 
not be appropriate. 
4. Contracting authorities invoking paragraph 3 
shall record, unless it is impossible, the reasons for 
doing so in the tender notice published in the Official 
Journal of European Communities and in all cases 
shall record these reasons in their internal documen­
tation and shall supply such information on request 
to Member States and to the Commission. 
5. In the absence of European standards or 
common technical specifications, the technical speci­
fications may be defined, without prejudice to the 
principles of equivalence and mutual recognition of 
national technical specifications, by reference to 
other documents. In this case it is appropriate to 
make reference in order of preference to: 
1. national standards implementing international 
standards accepted in the country of the 
contracting authority; 
2. national standards of the country of the 
contracting authority; 
3. any other standard.' 
Article 7 (2) of the Directive becomes 7 (6). 
Article 10 
Article 9 of the Directive is replaced by the following: 
Article 9 
1. The contracting authorities listed in Annex I to 
Directive 80/767/EEC shall make known, as from 
1 January 1989, as soon as possible after the 
beginning of their budgetary year, by means of an 
indicative notice, the total procurement by product 
area of which the estimated value, taking into 
account the provisions of Article 5, is equal or 
greater than 750 000 ECU and which they envisage 
awarding during the coming 12 months. 
The Council, acting on a proposal from the 
Commission and after consulting the European 
Parliament and the Economic and Social Committee, 
shall decide before 1 March 1990 on the extension of 
this obligation to the other contracting authorities 
covered by Article 1. 
No C 65/10 Official Journal of the European Communities 10. 3. 88 
2. Contracting authorities who wish to award a 
public supply contract by open, restricted, or nego­
tiated procedure within the meaning of Article 1 shall 
make known their intention by means of a notice. 
3. Contracting authorities who have awarded a 
contract shall make known the result by means of a 
notice. However, on a contract-by-contract basis, 
certain information on the contract award may not 
be published where release of such information 
would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particular enter­
prises, public or private, or might prejudice fair 
competition between suppliers. 
4. The notices referred to in paragraphs 1, 2 and 3 
shall be sent as rapidly as possible by the most appro­
priate channels to the Office for Official Publications 
of the European Communities. In the case of the 
accelerated procedure referred to in Article 12 the 
notice shall be sent by telex, telegram or telecopier. 
(a) The notice referred to in paragraph 1 shall be 
sent as soon as possible after the beginning of 
each budgetary year; 
(b) the notice referred to in paragraph 3 shall be sent 
at the latest 48 days after the award of the 
contract in question. 
5. The notices shall be drawn up in accordance 
with the models given in Annex III. 
6. The notices shall be published in full in the 
Official Journal of the European Communities and in 
the data bank TED in their original language. 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. 
The Office for Official Publications of the European 
Communities shall publish the notices not later than 
12 days after their dispatch. In the case of the accel­
erated procedure referred to in Article 12 this period 
shall be reduced to five days. 
7. The notice shall, not be published in the Official 
Journal of the European Communities or the press of 
the country of the contracting authority before the 
date of its dispatch and it shall mention the latter 
date. This publication shall not contain information 
other than that published in the Official Journal of the 
European Communities. 
8. The contracting authorities must be able to 
supply proof of the date of dispatch. 
9. The cost of publication of the notices in the 
Official Journal of the European Communities shall be 
borne by the Communities. The length of the notice shall not be greater than one page of the Journal, 
that is to say approximately 650 words. 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.' 
Article 11 
Article 10 (1) is replaced by the following: 
'1. In open procedures the time limit for the 
receipt of tenders fixed by the contracting authorities 
shall not be less than 52 days from the date of 
dispatch of the notice.' 
Article 12 
Article 11 (1), (2) and (3) is replaced by the following: 
'1. In restricted procedures within the meaning of 
Article 1 (e) and negotiated procedures within the 
meaning of Article 1 (f) the time limit for the receipt 
of requests to participate fixed by the contracting 
authorities shall not be less than 37 days from the 
date of dispatch of the written invitation. 
2. The contracting authorities shall simultaneously 
and in writing invite all successful candidates to 
submit their tenders. The letter of invitation shall be 
accompanied by the contract documents and 
supporting documents. 
3. In restricted procedures the time limit for 
receipt of offers fixed by the contracting authorities 
may not be less than 40 days from the date of 
dispatch of the written invitation.' 
Article 13 
Article 12 (1) is replaced by the following: 
'1. Where urgency renders impracticable the time 
limits referred to in Article 11, the contracting auth­
orities may fix the following time limits: 
(a) a time limit for the receipt of requests to 
participate which shall not be less than 15 days 
from the date of dispatch of the notice; 
(b) a time limit for the receipt of tenders which shall 
not be less than 10 days from the date of the 
invitation to tender.' 
Article 14 
Articles 13, 14 and 15 are deleted. 
Article 15 
Articles 16, 17 and 18 become Articles 13, 14 and 15. 
10. 3. 88 Official Journal of the European Communities No C 65/11 
Article 16 
Article 19 becomes Article 16. 
Article 16 (1) is replaced by the following: 
'1. In restricted and negotiated procedures the 
contracting authorities shall, on the basis of infor­
mation given relating to the supplier's personal 
position as well as to the information and formalities 
necessary for the evaluation of the minimal 
conditions of an economic and technical nature to be 
fulfilled by him, select from among the candidates 
with the qualifications required by Articles 14 to 18 
those whom they will invite to submit a tender or to 
negotiate.' 
Article 17 
Article 20 becomes Article 17. 
In paragraph 1, a new subparagraph (e) is inserted: 
'(e) is distorting competition to its economic advantage 
by its failure to comply with the statutory obli­
gations of the country in which it is established, 
relating to health and safety at work and equal 
opportunities for women, the handicapped and 
racial or religious minorities.' 
Subparagraphs (e), (f) and (g) become (f), (g) and (h). 
Paragraph 2 is replaced by the following: 
'2. Where the contracting authority requires of the 
supplier proof that none of the cases quoted in (a), 
(b), (c), (e), (f) or (g) of paragraph 1 applies to him, 
it shall accept as sufficient evidence: 
— first indent unchanged, 
— for (e), (f) or (g) . . . '(rest unchanged). 
Article 18 
Articles 21 to 25 become Articles 18 to 22. 
Article 19 
Article 26 becomes Article 23, and is replaced by the 
following: 
Article 23 
1. This Directive shall not prevent, until 31 
December 1992, the application of existing national 
provisions which have as their objective the reduction 
of regional disparities and the promotion of job creation 
in regions whose development is lagging behind and in 
declining industrial regions, on condition that the 
provisions concerned are compatible with the Treaty 
and with the Community's international obligations. 2. Paragraph 1 shall be without prejudice to any 
initiative on the part of the Commission, notably in the 
context of Articles 130A to E of the Treaty, or with a 
view to prolonging existing national measures in the 
context of a Community policy having the objective 
specified in that paragraph. 
3. This Article shall be without prejudice to Article 
25(4).' 
Article 20 
Articles 27 and 28 become Articles 24 and 25. 
Article 21 
Article 29 becomes Article 26, and is replaced by the 
following: 
Article 26 
1. In order to allow assessment of the results of 
applying this Directive, Member States shall 
communicate a statistical report to the Commission 
relative to contract awards: 
(a) not later than 31 October of each year for the 
preceding year in respect of the contracting auth­
orities listed in Annex I to Directive 
80/767/EEC; 
(b) not later than 31 October 1991 and for the 
Hellenic Republic, the Kingdom of Spain and the 
Portuguese Republic, 31 October 1995, and 
henceforth the 31 October of each second year 
for the preceding year in respect of contracting 
authorities within the meaning of Article 1 of this 
Directive excluding those listed in Annex I to 
Directive 80/767/EEC. 
2. This report shall detail at least: 
(a) the number and value of contracts awarded by 
each contracting authority above the threshold 
and, in the case of contracting authorities 
mentioned in Annex I to Directive 80/767/EEC, 
the value below the threshold; 
(b) the number and value of contracts awarded by 
each contracting authority above the threshold, 
subdivided by procedure, product and the 
nationality of the supplier to whom the contract 
No C 65/12 Official Journal of the European Communities 10. 3. 88 
has been awarded, and in the case of negotiated 
procedures, subdivided in accordance with 
Article 6, listing the number and value of the 
contracts awarded to each Member State and to 
third countries and in the case of Directive 
80/767/EEC, the number and value of the 
contracts awarded to each signatory of the 
GATT Agreement on Government procurement. 
3. The Commission shall determine the nature of 
any additional statistical information, which is 
requested in accordance with this Directive, in 
consultation with the Advisory Committee for Public 
Contracts.' 
Article 22 
A new Article 27 is inserted: 
'Article 27 
The Council, on a proposal from the Commission and 
after consulting the European Parliament, shall not later 
than 31 December 1988 lay down provisions for appro­
priate monitoring and measures to ensure compliance 
with this Directive.' 
Article 23 
Articles 31 and 32 become Articles 28 and 29. 
Article 24 
Annexes /, II and III of the Directive are replaced by the 
Annexes to this Directive. TITLE II 
Deletion of certain provisions of Directive 80/767/EEC 
Article 25 
Articles 2, 3, 4, 5 and 6 of Directive SO/767 are deleted. 
TITLE III 
Final provisions 
Article 26 
Member States shall adopt the measures necessary to 
comply with this Directive by 1 March 1988 and shall 
forthwith inform the Commission thereof. 
However, with regard to the Hellenic Republic, the 
Kingdom of Spain and the Portuguese Republic, 1 
March 1988 is replaced by 1 March 1992. 
Article 27 
Member States shall ensure that the texts of the basic 
provisions of domestic law, whether laws, regulations or 
administrative provisions, which they adopt to comply 
with this Directive, are communicated to the 
Commission. 
Article 28 
This Directive is addressed to the Member States. 
ANNEX I 
List of legal persons governed by public law and bodies corresponding thereto referred to in Article 1 (b) 
I. IN ALL MEMBER STATES 
associations governed by public law or bodies corresponding thereto formed by regional or local 
authorities, e.g. 'associations de communes', 'Gemeindeverbande', etc. 
II. IN GERMANY 
The 'bundesunmittelbaren Korperschaften, Anstalten und Stiftungen des offentlichen Rechts', the 
'landesunmittelbaren Kdrperschaften, Anstalten und Stiftungen des offentlichen Rechts' subject to 
State budgetary supervision. 
III. IN BELGIUM 
— 'le Fonds des Routes 1955—1969' — 'het Wegenfonds', 
— la Regie des Voies Aeriennes' — 'de Regie der luchtwegen', 
— public social assistance centres, 
— church councils, 
— TOffice Regulateur de la Navigation Interieure' — 'de Dienst voor regeling van de binnenvaart', 
10. 3. 88 Official Journal of the European Communities No C 65/13 
— 'la Regie des services frigorifiques de l'Etat beige' — 'de Regie der Belgische Rijkskoel- en Vries-
diensten'. 
IV. IN DENMARK 
'andre forvaltningssubjekter'. 
V. IN FRANCE 
— administrative public bodies at national, departmental and local levels, 
— universities, public scientific and cultural bodies and other establishments as defined by the Law 
setting out guidelines for Higher Education No 68-978 of 12 November 1968. 
VI. IN IRELAND 
other public authorities whose public supply contracts are subject to control by the State. 
VII. IN ITALY 
— State universities, State university institutes, consortia for university development works, 
— higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological 
observatories, 
— the 'Enti di riforma fondiaria', 
— welfare and benevolent institutes of all kinds. 
VIII. IN GREECE 
other legal persons governed by public law whose public supply contracts are subject to State control. 
IX. IN LUXEMBOURG 
public bodies subject to control by the Government, by an association of municipal corporations or 
by a municipal corporation. 
X. IN THE NETHERLANDS 
— the 'Waterschappen', 
— the 'instellingen van wetenschappelijk onderwijs vermeld in Article 15 van de Wet of het Weten-
schappelijk Onderwijs (I960)', the 'academische ziekenhuizen', 
— the 'Nederlandse Centrale Organisatie voor toegepast natuurwetenschappelijk Onderzoek 
(TNO)' and its dependent organizations. 
XI. IN SPAIN 
other legal persons subject to public rules for the award of contracts. 
XII. IN PORTUGAL 
legal persons governed by public law whose public supply contracts are subject to State control. 
No C 65/14 Official Journal of the European Communities 10. 3. 88 
XIII. IN THE UNITED KINGDOM 
— Education Authorities, 
— Fire Authorities, 
— National Health Service Authorities, 
— Police Authorities, 
— Commission for the New Towns, 
-— New Towns Corporations, 
— Scottish Special Housing Association, 
— Northern Ireland Housing Executive. 
ANNEX II 
Definition of certain technical specifications 
Within the meaning of the present Directive the following terms shall be defined as follows: 
1. technical specification: the totality of the technical prescriptions contained in particular in the tender 
documents defining the characteristics required of a product such as levels of quality, performance, 
safety or dimensions, including the requirements applicable to the product as regards terminology, 
symbols, testing and test methods, packaging, marking or labelling which permit a material, a product, 
or a supply to be described objectively in a manner such that it fulfills the use for which it is intended by 
the contracting authority; 
2. standard: a technical specification approved by a recognized standardizing body for repeated and 
continuous application, compliance with which is in principle not compulsory; 
3. European standard: a standard approved by the European Committee for Standardization (CE'N) or by 
the European Committee for Electrotechnical Standardization (CENELEC) as 'European Standards 
(EN)' or 'Harmonization Documents (HD)' according to the common rules of these organizations; 
4. Common technical specification: a technical specification drawn up with a view to uniform application in 
all Member States of the Community. 
10. 3. 88 Official Journal of the European Communities No C 65/15 
ANNEX III 
MODEL NOTICES OF SUPPLY CONTRACTS 
A. Open procedures 
1. The name, address, telephone, telegraphic, telex, telecopier numbers of the contracting authority: 
2. The award procedure chosen: 
3. (a) Place of delivery: 
(b) Nature and quantity of the goods to be supplied: 
(c) Indication whether the suppliers can tender for some and/or all of the goods required: 
4. Time limit for delivery: 
5. (a) Name and address of the service where the relevant documents may be requested: 
(b) Final date for making such requests: 
(c) Where applicable, the amount and terms of payment of any sum payable for such documents: 
6. (a) 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: 
7. (a) The persons authorized to be present at the opening of tenders: 
(b) The date, hour and place of this opening: 
8. (Where applicable) Any deposits and guarantees required: 
9. The main terms concerning financing and payment and/or references to the provisions regulating 
these: 
10. Where applicable the legal form to be taken by the grouping of suppliers winning the contract: 
11. The information and formalities necessary for an appraisal of the minimum economic and technical 
standards required of the supplier: 
12. The period during which the tenderer is bound to keep open his tender: 
13. The criteria for the award of the contract. Criteria other than that of the lowest price shall be 
mentioned if they do not appear in the contract documents: 
14. Other information: 
15. Date of dispatch of the notice: 
16. Date of receipt of the notice by the Publications Office: 
No C 65/16 Official Journal of the European Communities 10. 3. 88 
B. Restricted procedure 
1. The name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority: 
2. (a) The award procedure chosen: 
(b) Reason for the use of the restricted procedure: 
(c) Where applicable, justification for the use of the accelerated procedure: 
3. (a) The place of delivery: 
(b) The nature and quantity of goods to be delivered: 
(c) Whether the supplier can tender for some and/or all of the goods required: 
4. Any time limit on delivery: 
5. Where applicable, the legal form to be assumed by the grouping of suppliers winning the contract: 
6. (a) The final date for the 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: 
7. The final date for the dispatch of invitations to tender: 
8. Information concerning the supplier's own position, and the information and formalities necessary for 
an appraisal of the minimum economic and technical standards required of him: 
9. The criteria for the award of the contract if these are not stated in the invitation to tender: 
10. Other information: 
11. Date of dispatch of the notice: 
12. Date of receipt of the notice by the Publications Office: 
10. 3. 88 Official Journal of the European Communities No C 65/17 
C. Negotiated Procedure 
1. Name, address, telephone, telegraphic, telex, telecopier numbers of the awarding authority: 
2. (a) Award procedure chosen: 
(b) Where applicable, justification of the use of the accelerated procedure: 
3. (a) The place of delivery: 
(b) The nature and quantity of goods to be delivered: 
(c) Whether the suppliers can tender for some and/or all of the goods required: 
4. Any time limit on delivery: 
5. Where applicable, the legal form to be assumed by a grouping of suppliers winning the contract: 
6. (a) Final date for the receipt of requests to participate: 
(b) Address to which they must be sent: 
(c) The language(s) in which they must be drawn up: 
7. Information concerning the situation of the supplier as well as the information and formalities 
necessary for the evaluation of the minimum economic and technical standards to be fulfilled by him: 
8. Where applicable, the names and addresses of suppliers already selected by the awarding authority: 
9. Date(s) of previous publications in the Official Journal of the European Communities: 
10. Other information: 
11. Date of dispatch of the notice: 
12. Date of receipt of the notice by the Publications Office: 
D. Single Tender Procedure 
1. Name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority: 
2. (a) Award procedure chosen: 
(b) Justification for the use of the single tender procedure: 
3. (a) Place of delivery: 
(b) Nature and quantity of goods to be delivered: 
4. Name and address of the supplier: 
5. Invitation to other potential suppliers to present themselves to the award authority: 
6. Other information: 
7. Date of dispatch of the notice: 
8. Date of receipt of the notice by the Publications Office: 
No C 65/18 Official Journal of the European Communities 10. 3. 88 
E. Pre-information 
1. Name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority and of 
the services from which additional information may be obtained: 
2. Nature and quantity or value of products to be supplied: 
3. Estimated date of the engagement of procedures for the award of the contract(s): 
4. Other information: 
5. Date of receipt of the notice: 
6. Date of receipt of the notice by the Publications Office: 
F. Contract awards 
1. Name and address of awarding authority: 
2. Award procedure chosen: 
3. Date of award of contract: 
4. Criteria for award of contract: 
5. Number of offers received: 
6. Name and address of supplier(s): 
7. Nature and quantity of goods supplied, where applicable, by supplier: 
8. Price or range of prices: 
9. Other information: 
10. Date of publication of the tender notice in the Official Journal of the European Communities: 
11. Date of dispatch of the notice: 
12. Date of receipt of the notice by the Publications Office: