No C 115/50 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
2.18.3. When workers are employed at workstations 
outdoors, such workstations shall as far as 
possible be equipped so that workers are 
protected against inclement weather conditions. 
ANNEX II (unchanged) 
2.18.4. If workers are employed at outdoor work­
stations, such workstations shall as far as 
possible be designed so that the workers: 
(a) are protected from the weather; 
(b) are not exposed to harmful noise levels or 
dangerous substances (e.g. gases, vapours, 
dusts); 
(c) can leave their workstations and reach safety 
quickly in the event of danger. 
(unchanged) 
Re-examined proposal for a Council Directive amending Council Directive 71/305/EEC 
concerning the coordination of procedures for the award of public works contracts (!) 
COM(89) 141 final 
Submitted by the Commission pursuant to Article 149(2)(d) of the EEC Treaty 
on 3 April V. 
(89/C 115/04) 
(!) OJ No C 15, 19. 1. 1989, p. 8. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Articles 57(2), 66 
and 100A thereof, Whereas measures aimed at progressively establishing the 
internal market during the period up to 31 December 1992 
need to be taken; whereas the internal market is an area 
without internal frontiers in which the free movement of 
goods, persons, services and capital is ensured; 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament (l), Having regard to the conclusions drawn by successive 
meetings of the European Council on the need to establish 
such a market; 
Having regard to the opinion of the Economic and Social 
Committee (2). 
(!) OJ No C 167, 27. 6. 1988, p. 76 and Decision ... (not yet 
published in the Official Journal). 
(2) OJ No C 319, 30. 11. 1987, p. 55. Having regard to the White Paper on completing the 
internal market, and in particular to the timetable and 
programme laid down therein for the opening up of the 
market for public works contracts; 
8. 5. 89 Official Journal of the European Communities No C 115/51 
Having regard to the Commission's communication to the 
Council of 19 June 1986 on public procurement in the 
Community; 
Whereas public works contracts are governed by 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 the Act of Accession of 
Spain and Portugal, and Council Directive 72/277/EEC of 
26 July 1972 concerning the details of publication of 
notices of public works contracts and concessions in the 
Official Journal of the European Communities (2), by the 
Declaration of 26 July 1971 of the representatives of the 
Governments of the Member States, meeting within the 
Council, concerning procedures to be followed in the field 
of public works contracts (3), and by Council Decision 71/ 
306/EECof 26 July 1971 setting up an Advisory Committee 
for Public Contracts (4), as amended by Decision 77/63/ 
EEC (5); 
Whereas, in order to guarantee real freedom of establish­
ment and freedom to provide services in the market for 
public works contracts, it is necessary to improve and 
extend the safeguards in the Directives that are designed to 
introduce transparency into the procedures and practices 
for the award of such contracts, in order to be able to 
monitor compliance with the prohibition of restrictions 
more closely and at the same time to reduce disparities in 
the competitive conditions faced by nationals of different 
Member States; 
Whereas this Directive does not prevent the application of, 
in particular, Article 36 of the Treaty; 
Whereas it is necessary to define more precisely what is 
meant by public works contracts in order to take account, 
in particular, of new forms of such contracts, and to lay 
down criteria for identifying all the entities which are 
subject to Directive 71/305/EEC; 
Whereas the list of bodies and categories of bodies in 
Annex I should be as exhaustive as possible; 
Whereas it is also necessary to extend the provisions of 
Directive 71/305/EEC to works that are subsidized by the 
State but do not come within the terms of Article 1; 
Whereas, in view of the increasing importance of 
concession contracts in the public works area and of their 
specific nature, the rules concerning advertising should be 
brought within Directive 71/305/EEC; 
Whereas it is necessary to clarify the scope of the 
exemptions for certain sectors in order that divergences in 
(!) OJ No L 185, 16. 8. 1971, p. 5. 
(2) OJ No L 176, 3. 8. 1972, p. 12. 
(3) OJ No C 82, 16. 8. 1971, p. 13. 
(4) OJ No L 185, 16. 8. 1971, p. 15. 
(5) OJ No L 13, 15. 1. 1977, p. 15. the application of Directive 71/305/EEC due to divergent 
interpretations of the exemptions in different Member 
States do not increase; 
Whereas the threshold value from which contracts are 
subject to Directive 71/305/EEC was set in 1971 at 
1 000 000 ECUS, whereas, in view of the rise in the cost of 
construction work and the interest of small and medium-
sized firms in bidding for medium-sized contracts, this 
threshold should now be set at 5 000 000 ecus; 
Whereas, to eliminate practices that restrict competition in 
general and participation in contracts by other Member 
States' nationals in particular, it is necessary to improve the 
access of contractors to procedures for the award of 
contracts; 
Whereas it is desirable to introduce provision for a 
negotiated procedure as already exists in the practice of 
some Member States, in order to curtail the use of the 
exceptional procedure provided for in Article 9 of Directive 
71/305/EEC; 
Whereas the negotiated procedure should be considered to 
be exceptional and therefore only applicable in certain 
limited cases; 
Whereas contracting authorities should be required to 
inform rejected candidates and tenderers of the reasons for 
rejection of their application or bid and to draw up a report 
on the conduct of the proceedings leading up to each 
award; 
Whereas it is necessary to adapt the common rules in the 
technical field to the new Community policy on standards; 
Whereas, to create the necessary conditions for efficient 
Community-wide competition for contracts so that firms 
from other Member States can bid on comparable terms to 
domestic firms and a greater level of interest and 
participation in contracts is aroused from a larger number 
of contractors, all the operations and procedures involved 
in the competitive tendering for contracts should be made 
more transparent; whereas contracting authorities should 
also be required to announce forthcoming public works 
projects throughout the Community, and to publish, in the 
same way all relevant details of how contracts have been 
awarded; 
Whereas, in order to improve access to contracts and allow 
a larger number of contractors to compete and to prepare 
their bids in reasonable time, especially for large projects 
which are generally of considerable technical and organiza­
tional complexity, the time limits for the receipt of 
applications to bid and tenders should be lengthened; 
Whereas it is in the general interest to encourage technical 
advances in the construction and public works sector so 
No C 115/52 Official Journal of the European Communities 8. 5. 89 
that transfer of technology and know-how from one 
Member State to another benefits not only the general 
public but also the construction industry; 
Whereas work is under way in the Community on methods 
of framing specifications in terms of performance require­
ments instead of as detailed technical prescriptions and 
contractors in the Community should immediately be given 
the opportunity to submit variants under certain con­
ditions; 
Whereas, to ensure transparency as to how contractors 
propose to carry out a contract, it must be made possible 
for contracting authorities to be informed of any part of the 
contract the tenderer intends to sub-contract to third 
parties; 
Whereas account should be taken of the considerable 
impact public works projects can have on job creation in 
parts of the Community suffering from unemployment 
rates higher than the Community average; 
Whereas it could prove useful to provide for greater 
transparency as to the requirements regarding the protec­
tion 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; 
Whereas adequate statistical provisions should be included 
in Directive 71/305/EEC in order to improve, and to put on 
a more systematic basis, information on the way in which 
contracting authorities award their contracts; 
Whereas Spain has recently adopted legislation to imple­
ment Directive 71/305/EEC; whereas, given the fact that 
the introduction of other amendments at this stage would 
adversely effect the adaptation of the private sector in that 
Member State, it is appropriate to grant the Kingdom of 
Spain an additional period to implement this Directive; 
Whereas Portugal is in need of a transitional period for 
similar reasons; 
Whereas Greece will be adapting its legislation to Directive 
71/305/EEC and whereas incorporation, at this stage, of 
other Community rules would have an adverse effect upon 
the public works contracts sector and in particular upon 
certain economically important factors such as the 
stability, transparency and maintenance, in the medium 
term, of commercial conditions; 
Whereas in accordance with the conclusions of the said 
meetings of the European Council, of the White Paper and 
of the said Commission communication to the Council, 
Directive 71/305/EEC should be amended and Directive 
72/277/EEC repealed, HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 71/305/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
'Article 1 
For the purposes of this Directive: 
(a) "public works contracts" are contracts for 
pecuniary interest concluded in writing between 
a contractor and a contracting authority as 
defined in (b), which have as their object either 
the execution or both the execution and design of 
works related to one of the activities referred to in 
Annex II or a work defined in (c) below, or 
carrying out, by whatever means of a work 
corresponding to the requirements specified by 
the contracting authority; 
(b) "contracting authorities" shall be the State, 
regional or local authorities, bodies governed by 
public law, associations formed by one or several 
of such authorities or bodies governed by public 
law. 
A body governed by public law means any body: 
— established for the specific purpose of meeting 
needs in the general interest, not having an 
industrial or commercial character, and 
— having legal personality, and 
— financed, for the most part, by the State, or 
regional or local authorities, or other bodies 
governed by public law; or subject to 
management supervision by those bodies; or 
having an administrative, managerial or 
supervisory board, more than half of whose 
members are appointed by the State, regional 
or local authorities or by other bodies 
governed by public law. 
The lists of bodies or of categories of such bodies 
governed by public law which fulfil the criteria 
referred to in the second subparagraph are set out 
in Annex I. These lists shall be as exhaustive as 
possible and may be reviewed in accordance with 
the procedure laid down in Article 30b. To this 
end, Member States shall periodically notify the 
8. 5. 89 Official Journal of the European Communities No C 115/53 
Commission of any changes to their lists of 
bodies and categories of bodies; 
(c) a "work" means the outcome of building or civil 
engineering works taken as a whole that is 
sufficient of itself to fulfil an economic and 
technical function; 
(d) "public works concession" is a contract of the 
same type as that indicated in (a) except for the 
fact that the consideration for the works to be 
carried out consists either solely in the right to 
exploit the construction or in this right together 
with payment; 
(e) "open procedures" are those national procedures 
whereby all interested contractors may submit 
tenders; 
(f) "restricted procedures" are those national pro­
cedures whereby only those contractors invited 
by the contracting authority may submit tenders; 
(g) "negotiated procedures" are those national 
procedures whereby contracting authorities 
consult contractors of their choice and negotiate 
the terms of the contract with one or more of 
them; 
(h) a contractor who submits a tender shall be 
designated by the term "tenderer" and one who 
has sought an invitation to take part in a 
restricted and negotiated procedure by the term 
"candidate".' 
2. The following Articles are inserted: 
'Article la 
1. Member States shall take the necessary meas­
ures to ensure that the contracting authorities 
comply or ensure compliance with this Directive 
where they subsidize directly by more than 50 % a 
works contract awarded by an entity other than 
themselves. 
2. Paragraph 1 shall concern only contracts 
covered by Class 50, Group 502, of the NACE 
nomenclature and to contracts relating to building 
work for hospitals, facilities intended for sports, 
recreation and leisure, school and university build­
ings and buildings used for administrative purposes. 
Article lb 
1. Should contracting authorities conclude a 
public works concession contract as defined in 
Article 1(d), the advertising rules as described in 
Article 12(3), (6), (7) and (9) to (13), and in Article 15a, shall apply to that contract when its value is not 
less than 5 000 000 ecus. 
2. The contracting authority may: 
— either require the concessionaire to award 
contracts representing a minimum of 30 % of the 
total value of the work for which the concession 
contract is to be awarded, to third parties, at the 
same time providing the option for candidates to 
increase this percentage. This minimum per­
centage shall be specified in the concession 
contract, 
— or request the candidates for concession con­
tracts to specify in their tenders the percentage, if 
any, of the total value of the work for which the 
concession contract is to be awarded which they 
intend to assign to third parties. 
3. When the concessionaire is himself one of the 
authorities awarding contracts within the meaning 
of Article 1 (b), he shall comply with the provisions of 
this Directive in the case of works to be carried out 
by third parties. 
4. Member States shall take the necessary steps to 
ensure that a concessionaire other than an authority 
awarding contracts shall apply the advertising rules 
listed in Article 12(4), (6), (7) and (9) to (13), and in 
Article 15b, in respect of the contracts which it 
awards to third parties when the value of the 
contracts is not less than 5 000 000 ECUS. Advertis­
ing rules shall not be applied where works contracts 
meet the conditions laid down in Article 5(3). 
Undertakings which have formed a group in order to 
obtain the concession contract, or undertakings 
affiliated to them, shall not be regarded as third 
parties. 
An "affiliated undertaking" means any undertaking 
over which the concessionaire may exercise, directly 
or indirectly, a dominant influence or which may 
exercise a dominant influence over the con­
cessionaire or which, in common with the con­
cessionaire, is subject to the dominant influence of 
another undertaking by virtue of ownership, finan­
cial participation, or the rules which govern it. A 
dominant influence on the part of an undertaking 
shall be presumed when, directly or indirectly in 
relation to another undertaking, it: 
— holds the major part of the undertaking's 
subscribed capital, or 
— controls the majority of the votes attaching to 
shares issued by the undertakings, or 
No C 115/54 Official Journal of the European Communities 8. 5. 89 
— can appoint more than half of the members of the 
undertaking's administrative, managerial or 
supervisory body. 
A comprehensive list of these undertakings shall be 
enclosed with the candidature for the concession. 
This list shall be brought up to date following any 
subsequent changes in the relationships between the 
undertakings.' 
3. Article 2 is deleted. 
4. Article 3(1), (2) and (3) are deleted and paragraphs 4 
and 5 thereof are replaced by the following: 
'4. This Directive shall not apply to: 
(a) works contracts awarded by carriers by land, air, 
sea or inland waterway; 
(b) works contracts awarded by contracting author­
ities, in so far as those contracts concern the 
production, transport and distribution of drink­
ing water, or those contracting authorities whose 
principal activity lies in the production and 
distribution of energy; 
(c) works contracts which are declared secret or the 
execution of which 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.' 
5. Article 4 is replaced by the following: 
'Article 4 
This Directive shall not apply to public contracts 
governed by different procedural rules and awarded: 
(a) in pursuance of an international agreement, 
concluded in conformity with the EEC Treaty, 
between a Member State and one or more non-
member countries and covering works intended 
for the joint implementation or exploitation of a 
project by the signatory States; all agreements 
shall be communicated to the Commission, 
which may consult the Advisory Committee for 
Public Contracts set up by Decision 71/306/ 
EEC 0) [as amended by Decision 77/63/ 
EEC] (2); (b) to undertakings in a Member State or a non-
member country in pursuance of an international 
agreement relating to the stationing of troops; 
(c) pursuant to the particular procedure of an 
international organization. 
(J) OJ No L 185, 16. 8. 1971, p. 15. 
(2) OJ No L 13, 15. 1. 1977, p. 15.' 
6. The following Article is inserted: 
'Article 4a 
1. The provisions of this Directive shall apply to 
public works contracts whose estimated value net of 
VAT is not less than 5 000 000 ecus. 
2. The value of the threshold in national currencies 
shall normally be revised every two years with effect 
from 1 January ... The calculation of this value shall 
be based on the average daily values of these 
currencies in terms of the ECUS over the 24 months 
terminating on the last day of October immediately 
preceding the 1 January revision. The values shall be 
published in the Official Journal of the European 
Communities at the beginning of November. 
3. Where a work is subdivided into several lots, 
each one the subject of a contract, the value of each 
lot must be taken into account for the purpose of 
calculating the amounts referred to in paragraph 1. 
Where the aggregate value of the lots is not less than 
the amount referred to in paragraph 1, the provi­
sions of that paragraph shall apply to all lots. 
Contracting authorities shall be permitted to depart 
from this provision for lots whose estimated value 
net of VAT is less than 1 000 000 ECUS, provided 
that the total estimated value of all the lots exempted 
does not, in consequence, exceed 20 % of the total 
estimated value of all lots. 
4. No work or contract may be split up with the 
intention of avoiding the application of the preced­
ing paragraphs. 
5. When calculating the amounts referred to in 
paragraph 1 and in Article 5, account shall be taken 
not only of the amount of the public works contracts 
but also of the estimated value of the supplies needed 
to carry out the works which are made available to 
the contractor by the contracting authorities.' 
7. Article 5 is replaced by the following: 
'Article 5 
1. In awarding public works contracts the con­
tracting authorities shall apply the procedures 
defined in Article 1(e), (f) and (g), adapted to this 
Directive. 
8. 5. 89 Official Journal of the European Communities No C 115/55 
2. The contracting authorities may award their 
public works contracts by negotiated procedure, 
with prior publication of a tender notice and after 
having selected the candidates according to qualitat­
ive public criteria, in the following cases: 
(a) 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 of the contract are not substantially 
altered. The contracting authorities shall not, in 
these cases, publish a tender notice where they 
include in such negotiated procedure all the 
enterprises satisfying the criteria of Articles 23 to 
28 which, during the prior open or restricted 
procedure, have submitted offers in accordance 
with the formal requirements of the tendering 
procedure; 
(b) for works carried out purely for purposes of 
research, experiment, study or development and 
not with the purpose of ensuring profit or 
recovering the costs of research and develop­
ment; 
(c) in exceptional cases, when the nature of the 
works or the risks attaching thereto do not permit 
prior overall pricing. 
3. The contracting authorities may award their 
public works contracts by negotiated procedure 
without prior publication of a tender notice, in the 
following cases: 
(a) in the absence of tenders or of appropriate 
tenders in response to an open or restricted 
procedure in so far as the original terms of the 
contract are not substantially altered and pro­
vided that a report is communicated to the 
Commission at its request; 
(b) when, for technical or artistic reasons or for 
reasons connected with the protection of exclus­
ive rights, the works may only be carried out by a 
particular contractor; 
(c) in so far as is strictly necessary when, for reasons 
of extreme urgency brought about by events 
unforeseen by the contracting authorities in 
question, the time limit laid down for the open, 
restricted or negotiated procedures referred to in 
paragraph 2 above cannot be kept. The circum­
stances invoked to justify extreme urgency must 
not in any event be attributable to the contracting 
authorities; (d) for additional works not included in the project 
initially considered or in the contract first 
concluded but which have, through unforeseen 
circumstances, become necessary for the carrying 
out of the work described therein, on condition 
that the award is made to the contractor carrying 
out such work: 
— when such works cannot be technically or 
economically separated from the main con­
tract without great inconvenience to the 
contracting authorities, 
— or when such works, although separable from 
the execution of the original contract, are 
strictly necessary to its later stages. 
However, the aggregate value of contracts 
awarded for additional works may not exceed 
50 % of the amount of the main contract; 
(e) for new works consisting of the repetition of 
similar works entrusted to the undertaking to 
which the same contracting authorities awarded 
an earlier contract, provided that such works 
conform to a basic project for which a first 
contract was awarded according to the pro­
cedures referred to in paragraph 4. 
As soon as the first project is put up for tender, 
notice must be given that this procedure might be 
adopted and the total estimated cost of sub­
sequent works shall be taken into consideration 
by the contracting authorities when they apply 
the provisions of Article 4a. This procedure may 
only be applied during the three years following 
the conclusion of the original contract. 
4. In all other cases, the contracting authorities 
shall award their public works contracts by the open 
procedure or by the restricted procedure.' 
The following Article is inserted: 
'Article 5a 
1. The contracting authority shall, within 15 days 
of the date on which the request is received, inform 
any eliminated candidate or tenderer who so 
requests of the reasons for rejection of his appli­
cation or his tender and, in the case of a tender, the 
name of the successful tenderer. 
2. The contracting authority shall inform candi­
dates or tenderers who so request of the grounds on 
which it decided not to award a contract in respect of 
No C 115/56 Official Journal of the European Communities 8. 5. 89 
which a prior call for competition was made, or to 
recommence the procedure. It shall also inform the 
Office for Official Publications of the European 
Communities of that decision. 
3. For each contract awarded the contracting 
authorities shall draw up a written report which 
shall include at least the following: 
— the name and address of the contracting au­
thority, the subject and value of the contract, 
— the names of the candidates or tenderers admitted 
and the reasons for their selection, 
— the names of the candidates or tenderers rejected 
and the reasons for their rejection, 
— the name of the successful tenderer and the 
reasons for his tender having been selected and, if 
known, any share of the contract the successful 
tenderer may intend to subcontract to a third 
party, 
— for negotiated procedures, the circumstances 
referred to in Article 5 which justify the use of 
these procedures. 
This report, or the main features of it, shall be 
communicated to the Commission at its request.' 
9. Articles 7, 8 and 9 are deleted. 
10. Article 10 is replaced by the following: 
'Article 10 
1. The technical specifications defined in Annex III 
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 and 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 
implementing European standards, or by reference 
to European technical approvals or by reference to 
common technical specifications. 
3. A contracting authority may depart from 
paragraph 2 if: 
(a) the standards, European technical approvals or 
common technical specifications do not include 
any provision for establishing conformity, or 
technical means do not exist for establishing 
satisfactorily the conformity of a product to these 
standards, European technical approvals or 
common technical specifications; (b) use of these standards, European technical 
approvals or common technical specifications 
would oblige the contracting authority to acquire 
products or materials incompatible with equip­
ment already in use or would entail dis­
proportionate costs or disproportionate tech­
nical difficulties, but only as part of a clearly 
defined and recorded strategy with a view to 
change-over, within a given period, to European 
standards, European technical approvals or 
common technical specifications; 
(c) the project concerned is of a genuinely innovative 
nature for which use of existing European 
standards, European technical approvals or 
common technical specifications would not be 
appropriate. 
4. Contracting authorities invoking paragraph 3 
shall record, wherever possible, the reasons for 
doing so in the tender notice published in the Official 
Journal of the European Communities or in the 
contract documents and in all cases shall record 
these reasons in their internal documentation and 
shall supply such information on request to Member 
States and to the Commission. 
5. In the absence of European standards or 
European technical approvals or common technical 
specifications, the technical specifications: 
(a) shall be defined by reference to the national 
technical specifications recognized as complying 
with the basic requirements listed in the Com­
munity Directives on technical harmonization, in 
accordance with the procedures laid down in 
those Directives, and in particular in accordance 
with the procedures laid down in Council 
Directive ... on construction products; 
(b) may be defined by reference to national technical 
specifications relating to design and method of 
calculation and execution of works and use of 
materials: 
(c) may be defined by reference to other documents. 
In this case, it is appropriate to make reference in 
order of preference to : 
(i) national standards implementing inter­
national standards accepted by the country 
of the contracting authority; 
(ii) other national standards and national tech­
nical approvals of the country of the con­
tracting authority; 
(iii) any other standard. 
8. 5. 89 Official Journal of the European Communities No C 115/57 
6. Unless such specifications are justified by the 
subject of the contract, Member States shall prohibit 
the introduction into the contractual clauses relating 
to a given contract of technical specifications which 
mention products of a specific make or source or of a 
particular process and which therefore favour or 
eliminate certain undertakings. In particular, the 
indication of trade marks, patents, types, or of a 
specific origin or production shall be prohibited. 
However, if such indication is accompanied by the 
words "or equivalent", it shall be authorized in cases 
where the authorities awarding contracts are unable 
to give a description of the subject of the contract 
using specifications which are sufficiently precise 
and intelligible to all parties concerned.' 
11. Article 11 is deleted. 
12. Articles 12 to 15 are replaced by the following: 
'Article 12 
1. Contracting authorities shall make known, by 
means of an indicative notice, the essential charac­
teristics of the works contracts which they intend to 
award and the estimated value of which is not less 
than the threshold laid down in Article 4a (1). 
2. Contracting authorities who wish to award a 
public works contract by open, restricted or 
negotiated procedure referred to in Article 5(2), shall 
make known their intention by means of a notice. 
3. Contracting authorities who wish to award a 
works concession contract shall make known their 
intention by means of a notice. 
4. Works concessionaires other than a contracting 
authority who wish to award a works contract to be 
carried out by third parties as defined in Article lb 
(4), shall make known their intention by means of a 
notice. 
5. Contracting authorities who have awarded a 
contract shall make known the result by means of a 
notice. However, certain information on contract 
award may, in certain cases, not be published where 
release of such information would impede law 
enforcement or otherwise be contrary to the public 
interest, would prejudice the legitimate commercial 
interests of particular enterprises, public or private, 
or might prejudice fair competition between con­
tractors. 
6. The contracting authorities shall send the 
notices referred to in the preceding paragraphs as 
rapidly as possible and by the most appropriate channels to the Office for Official Publications of the 
European Communities. In the case of the ac­
celerated procedure referred to in Article 15, the 
notice shall be sent by telex, telegram or telefax. 
(a) The notice referred to in paragraph 1 shall be sent 
as soon as possible after the decision approving 
the planning of the works contracts that the 
contracting authorities intend to award; 
(b) The notice referred to in paragraph 5 shall be sent 
at the latest 48 days after the award of the 
contract in question. 
7. The notices referred to in paragraphs 1, 2, 3, 4 
and 5 shall be drawn up in accordance with the 
models given in Annex IV, V and VI, and shall 
specify the information requested in those Annexes. 
In open, restricted and negotiated procedures, the 
contracting authorities may not require any con­
ditions but those specified in Articles 25 and 26 when 
requesting information concerning the economic 
and technical standards which they require of 
contractors for their selection [point 11 of Annex IV 
(B), point 10 of Annex IV (C) and point 9 of Annex 
IV (D)]. 
8. The notices referred to in paragraphs 1 and 5 
above shall be published in full in the official Journal 
of the European Communities and in the TED data 
bank in the official languages of the Communities, 
the original text alone being authentic. 
9. The notices referred to in paragraphs 2, 3 and 4 
shall be published in full in the Official Journal of the 
European Communities and in the TED data bank in 
their original language. A summary of the important 
elements of each notice shall be published in the 
other official languages of the Communities, the 
original text alone being authentic. 
10. 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 accelerated procedure referred to in Article 15, 
this period shall be reduced to five days. 
11. The notice shall not be published in the official 
journals or in the press of the country of the 
contracting authority before the abovementioned 
date of dispatch, and it shall mention this date. It 
No C 115/58 Official Journal of the European Communities 8. 5. 89 
shall not contain information other than that 
published in the Official Journal of the European 
Communities. 
12. The contracting authorities must be able to 
supply proof of the date of dispatch. 
13. 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, or approximately 650 words. Each edition 
of the Journal containing one or more notices shall 
reproduce the model notice or notices on which the 
published notice or notices are based. 
Article 13 
1. In open procedures the lime limit for the receipt 
of tenders shall be fixed by the contracting 
authorities at not less than 52 days from the date of 
sending the notice. 
2. The time limit for the receipt of tenders 
provided for in paragraph 1 may be reduced to 36 
days where the contracting authorities have pub­
lished a tender notice, drafted in accordance with the 
specimen in Annex IV (A) provided for in Article 
12(1), in the Official Journal of the European 
Communities. 
3. Provided they have been requested in good time, 
the contract documents and supporting documents 
must be sent to the contractors by the contracting 
authorities or competent departments within six 
days of receiving their application. 
4. Provided it has been requested in good time, 
additional information relating to the contract 
documents shall be supplied by the contracting 
authorities not later than six days before the final 
date fixed for receipt of tenders. 
5. Where the contract documents, supporting 
documents or additional information are too bulky 
to be supplied within the time limits laid down in 
paragraph 3 or 4 or where tenders can only be made 
after a visit to the site or after on-the-spot inspection 
of the documents supporting the contract docu­
ments, the time limits laid down in paragraphs 1 and 
2 shall be extended accordingly. 
Article 14 
1. In restricted procedures and negotiated pro­
cedures as described in Article 5(2), the time limit for 
receipt of requests to participate fixed by the contracting authorities shall be not less than 37 days 
from the date of dispatch of the notice. 
2. The contracting authorities shall simul­
taneously and in writing invite the selected candi­
dates to submit their tenders. The letter of invitation 
shall be accompanied by the contract documents and 
supporting documents. It shall include at least the 
following information: 
(a) where appropriate, the address of the service 
from which the contract documents and support­
ing documents can be requested and the final date 
for making such a request; also the amount and 
terms 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 the contract notice published; 
(d) an indication of any documents to be annexed, 
either to support the verifiable statements 
furnished by the candidate in accordance with 
Article 12(7), or to supplement the information 
provided for in that Article under the same 
conditions as those laid down in Articles 25 and 
26; 
(e) the criteria for the award of the contract if these 
are not given in the notice. 
3. In restricted procedures, the time limit for 
receipt of tenders fixed by the contracting authorities 
may not be less than 40 days from the date of 
dispatch of the written invitation. 
4. The time limit for receipt of tenders laid down in 
paragraph 3 may be reduced to 26 days where the 
contracting authorities have published the tender 
notice, drafted according to the specimen in Annex 
IV (A) provided for in Article 12(1), in the Official 
Journal of the European Communities. 
5. Requests to participate in procedures for the 
award of contracts may be made by letter, by 
telegram, telex, telefax or by telephone. If by one of 
the last four, they must be confirmed by letter 
dispatched before the end of the period laid down in 
paragraph 1. 
6. Provided it has been requested in good time, 
additional information relating to the contract 
documents must be supplied by the contracting 
8. 5. 89 Official Journal of the European Communities No C 115/59 
authorities not later than six days before the final 
date fixed for the receipt of tenders. 
7. Where tenders can only be made after a visit to 
the site or after on-the-spot inspection of the 
documents supporting the contract documents, the 
time limit laid down in paragraphs 3 and 4 shall be 
extended accordingly. 
Article 15 
1. In cases where urgency renders impracticable 
the time limits laid down in Article 14, the 
contracting authorities may fix the following time 
limits: 
(a) a time limit for receipt of requests to participate 
which shall be not less than 15 days from the date 
of dispatch of the notice, 
(b) a time limit for the receipt of tenders which shall 
be not less than 10 days from the date of the 
invitation to tender. 
2. Provided it has been requested in good time, 
additional information relating to the contract 
documents must be supplied by the contracting 
authorities not later than four days before the final 
date fixed for the receipt of tenders. 
3. 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 or 
telephone, they must be confirmed by letter dis­
patched before the expiry of the time limit referred to 
in paragraph 1.' 
13. The following Articles are inserted: 
'Article 15a 
Contracting authorities who wish to award a works 
concession contract as defined in Article 1(d) shall 
fix a time limit for receipt of candidatures for the 
concession, which shall not be less than 52 days from 
the date of dispatch of the notice. 
Article 15b 
In works contracts awarded by a concessionaire of 
works other than an authority awarding contracts, 
the time limit for the receipt of requests to 
participate shall be fixed by the concessionaire at not 
less than 37 days from the date of dispatch of the 
notice, and the time limit for the receipt of tenders at not less than 40 days from the date of dispatch of the 
notice or the invitation to tender.' 
14. Articles 16, 17 and 18 are deleted. 
15. Articles 19 and 20 are replaced by the following: 
'Article 19 
Contracting authorities may arrange for the publi­
cation in the Official Journal of the European 
Communities of notices announcing public works 
contracts which are not subject to the publication 
requirement laid down in this Directive. 
Article 20 
Contracts shall be awarded on the basis of the 
criteria laid down in Chapter 2 of this Title, taking 
into account Article 20a, after the suitability of the 
contractors not excluded under Article 23 has been 
checked by the contracting authorities in accordance 
with the criteria of economic and financial standing 
and of technical knowledge or arbility referred to in 
Articles 25 to 28.' 
16. The following Articles are inserted: 
'Article 20a 
Where the criterion for the award of the contract is 
that of the most economically advantageous tender, 
contracting authorities may take account of variants 
which are submitted by a tenderer and meet the 
minimum specifications required by the contracting 
authorities. 
The contracting authorities shall state in the 
contract documents the minimum specifications to 
be respected by the variants and any specific 
requirements for their presentation. They shall 
indicate in the tender notice whether variants will be 
considered. 
Contracting authorities may not reject the submis­
sion of a variant on the sole grounds that it has been 
drawn up with technical specifications defined by 
reference to national standards implementing Euro­
pean standards, to European technical approvals or 
to common technical specifications referred to in 
Article 10(2) or by reference to national technical 
specifications referred to in Article 10(5)(a) and (b). 
Article 20b 
In the contract documents, the contracting authority 
may ask the tenderer to indicate in his tender any 
No C 115/60 Official Journal of the European Communities 8. 5. 89 
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 final re­
sponsibility.' 
17. Article 22 is replaced by the following: 
'Article 22 
1. In restricted and negotiated procedures the 
contracting authorities shall, on the basis of 
information given relating to the contractor's 
personal position as well as to the information and 
formalities necessary for the evaluation of the 
minimum conditions of an economic and technical 
nature to be fulfilled by him, select from among the 
candidates with the qualifications required by 
Articles 23 to 28 those whom they will invite to 
submit a tender or to negotiate. 
2. Where the contracting authorities award a 
contract by restricted procedure, they may prescribe 
the range within which the number of undertakings 
which they intend to invite will fall. In this case the 
range shall be indicated in the contract notice. The 
range shall be determined in the light of the nature of 
the work to be carried out. The range must number 
at least five undertakings and may be up to 20. In any 
event, the number of candidates invited to tender 
shall be sufficient to ensure genuine competition. 
3. Where the contracting authorities award a 
contract by negotiated procedure as referred to in 
Article 5(2), the number of candidates admitted to 
negotiate may not be less than three provided that 
there is a sufficient number of suitable candidates. 
4. Each Member State shall ensure that contracting 
authorities issue invitations without discrimination 
to those nationals of other Member States who 
satisfy the necessary requirements and under the 
same conditions as to its own nationals.' 
17a. The following Article is inserted: 
'Article 22a 
Contracting authorities may require as a condition 
of participation in contracts measures whose aim is 
to help in the fight against long-term unemployment 
and in the insertion of young people in employment 
to the extent that such measures are without either 
direct or indirect discrimination with regard to bidders from different Member States and to the 
extent that such measures are provided for in the 
context of operational programmes presented by the 
competent authorities in the Member States and 
agreed by the Commission. In this event, the 
contracting authorities shall indicate these con­
ditions in the tender notice.' 
18. The following Article is inserted: 
'Article 22b 
1. The contracting authority shall state in the 
contract documents 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. The tenderer shall indicate in his offer that he 
has taken account of the obligations relating to 
employment protection provisions and the working 
conditions in force on the place where the work is 
carried out.' 
19. Article 24 is replaced by the following: 
'Article 24 
Any contractor wishing to take part in a public 
works contract may be requested to prove his 
enrolment in the professional or trade register under 
the conditions laid down by the laws of the Member 
State in which he is established: 
— In Belgium, the "registre du commerce — 
Handelsregister", 
— In Denmark, the "Erhvervs- og Selskabsstyrel-
sen", 
— In Germany, the "Handelsregister" and the 
"Handwerksrolle", 
— in Greece, a declaration on the exercise of the 
profession of public works contractor made on 
oath before a notary may be required, 
— in Spain, the "Registro Oficial de Contratistas del 
Ministerio de Industria y Energia", 
— in France, the "registre du commerce" and the 
"repertoire des metiers", 
— in Italy, the "Registro della Camera di com-
mercio, industria, agricoltura e artigianato", 
— in Luxembourg, the "registre aux firmes" and the 
"role de la Chambre des metiers", 
— in the Netherlands, the "Handelsregister", 
8. 5. 89 Official Journal of the European Communities No C 115/61 
— in Portugal, the "Commissao de Alvaras de 
Empresas de Obras Publicas e Particulares" 
"(CAEOPP)", 
— in the United Kingdom and Ireland, the contrac­
tor may be requested to provide a certificate from 
the "Registrar of Companies" or the "Registrar of 
Friendly Societies" or, if this is not the case, a 
certificate stating that the person concerned has 
declared on oath that he is engaged in the 
profession in question in the country in which he 
is established, in a specific place and under a 
given business name.' 
20. Article 29(3) is deleted and Article 29(4) and (5) 
replaced by the following: 
'4. Paragraph 1 shall not apply when a Member 
State bases the award of contracts on other criteria, 
within the framework of rules in force at the time of 
the adoption of this Directive whose aim is to give 
preference to certain tenderers, on condition that the 
rules invoked are compatible with the Treaty. 
5. If, for a given contract, tenders appear to be 
abnormally low in relation to the transaction, before 
it may reject those tenders the contracting authority 
shall 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 explantations received. 
The contracting authority may take into consider­
ation explanations which are justified on objective 
grounds including the economy of the construction 
method, or the technical solutions chosen, or the 
exceptionally favourable conditions available to the 
tenderer for the execution of the work, or the 
originality of the work proposed by the tenderer. 
If the documents relating to the contract provide for 
its award at the lowest price tendered, the contract­
ing authority must communicate to the Commission 
the rejection of tenders which it considers to be too 
low. 
However, until the end of 1992, if current national 
law so permits, the contracting authority may 
exceptionally, without any discrimination on 
grounds of nationality, reject tenders which are 
abnormally low in relation to the transaction, 
without being obliged to comply with the procedure 
provided for in the first subparagraph if the number 
of such tenders for a particular contract is so high 
that implementation of this procedure would lead to 
a considerable delay and jeopardize the public 
interest attaching to the execution of the contract in question. Recourse to this exceptional procedure 
shall be mentioned in the notice referred to in Article 
12(5).' 
21. The following Articles are inserted in Title V: 
'Article 29a 
1. Until 31 December 1992, this Directive shall not 
prevent the application of existing national provi­
sions on the award of public works contracts 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, in particular with the principles of non­
discrimination on grounds of nationality, freedom of 
establishment and freedom to provide services, and 
with the Community's international obligations. 
2. Paragraph 1 shall be without prejudice to Article 
29(4). 
Article 29b 
1. Member States shall inform the Commission of 
national provisions covered by Article 29(4) and 
Article 29a and of the rules for applying them. 
2. Member States concerned shall forward to the 
Commission, every year, a report describing the 
implementation of these provisions. The reports 
shall be submitted to the Advisory Committee for 
Public Works Contracts.' 
22. The following Articles are inserted: 
'Article 30a 
1. In order to permit assessment of the results of 
applying the Directive, Member States shall forward 
to the Commission a statistical report on the 
contracts awarded by contracting authorities by 31 
October 19.. at the latest (*) for the preceding year 
and thereafter by 31 October of every second year. 
Nevertheless, for Greece, Spain and Portugal, the 
date "31 October 19.." is replaced by "31 October 
1995". 
2. This report shall detail at least the number and 
value of contracts awarded by each contracting 
authority or category of contracting authority above 
the threshold, subdivided as far as possible by 
procedure, category of work and the nationality of 
the contractor to whom the contract has been 
awarded, and in the case of negotiated procedures, 
subdivided in accordance with Article 5, listing the 
number and value of the contracts awarded to each 
Member State and to third countries. 
No C 115/62 Official Journal of the European Communities 8. 5. 89 
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 Works Contracts. 
Article 30b 
1. Annex I to this Directive shall be amended by 
the Commission when, in particular on the basis of 
the notifications from the Member States, it is 
necessary: 
(a) to remove from Annex I bodies governed by 
public law which no longer fulfil the criteria laid 
down in Article lb; 
(b)to include in that Annex bodies governed by 
public law which meet those criteria. 
2. Amendments to Annex I shall be made by the 
Commission after consulting the Advisory Commit­
tee for Public Works Contracts. 
The chairman of the Committee shall submit to the 
Committee a draft of any measures to be taken. The 
Committee shall deliver its opinion on the draft, if 
necessary by taking a vote, within a time limit to be 
fixed by the chairman in the light of the urgency of 
the matter. 
The opinion shall be recorded in the minutes. In 
addition, each Member State shall have the right to 
request that its position be recorded in the minutes. 
The Commission shall take the fullest 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. 3. Amended versions of Annex I shall be published 
in the Official Journal of the European Com­
munities. 
(*) Three years after the entry into force of the Directive.' 
23. Article 31 is deleted. 
24. Annexes I and II to Directive 71/305/EEC are 
replaced by Annexes I to VI to this Directive. 
Article 2 
Directive 72/277/EEC is hereby repealed. 
Article 3 
Member States shall bring into force the measures 
necessary to comply with this Directive by ... at the latest... 
They shall forthwith inform the Commission thereof. 
Nevertheless, for Greece, Spain and Portugal, the date '...' 
is replaced by '1 March 1992'. 
Article 4 
Member States shall communicate to the Commission the 
texts of the basic provisions of domestic law, whether laws, 
regulations or administrative provisions, which they adopt 
to comply with this Directive. 
Article 5 
This Directive is addressed to the Member States. 
ANNEX I 
LISTS OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW REFERRED TO 
IN ARTICLE 1 (b) 
IN BELGIUM 
— ie 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', 
— 'la Regie des services frigorifiques de l'Etat beige' — 'de Regie der Belgische Rijkskoel- en 
Vriesdiensten'. 
II. IN DENMARK 
'andre forvaltningssubjekter'. 
D,^ ^ C^thci^l]ourn^lotrr^c^uronc^nCornrnuniU^ ^o^ii^B^ 
lit t^G^R^tA^r^ 
the ^bundesunmittelbaren Korperschaften, Anstalten und Stiftungen des offentlichen Rechts^ the 
^landesunmittelbaren Korperschaften,Anstalten und Stiftungen des offentlichenRechts'subjectto State 
budgetary supervision. 
IV l^GR^G^ 
other legal persons governed by public law whose public works contracts are subject to State control. 
V t^Sl^At^ 
other legal persons subject to public rules for the award of contracts. 
VI l^^RA^G^ 
— 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 ^o^^^ of t^^Covembert^^. 
Vlt I^IR^LA^O 
other public authorities whose public works contracts are subject to control by the State, 
Vttl I^ITAL^ 
— State universities, State university institutes, consortia for university development works, 
— higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological 
observatories, 
— the^ntidinformafondiana', 
— welfare and benevolent institutes of all kinds. 
IX. l^LUX^^t80URG 
public bodies subjectto control by the Government, by an association of municipal corporationsorbya 
municipal corporation. 
X. l^T^^^^T^^RLA^OS 
— the^aterschappen', 
— the 5nstelhngen van wetenschappelnk onderwijs vermeld in Artikel t^ van de ^et op het 
^etenschappelijkOnderwijs^r^O^mhe^academische^iekenhui^en', 
— the^ederlandseGentraleOrganisatievoortoegepastnatuurwetenschappelijkOnder^oek^Tl^O^ 
and its dependent organisations. 
XI t^ PORTUGAL 
legal persons governed by public law whose pubhc works contracts are subject to State control. 
Xlt, t^r^^u^tr^nKt^Gno^ 
— education Authorities, 
— t^ire Authorities, 
— national health Service Authorities, 
— police Authorities, 
— Gommissionforthe^ewTowns, 
— ^ewTownsGorporations, 
— Scottish Special housing Association, 
— northern Ireland housing t^ecutive 
No C 115/64 Official Journal of the European Communities 8. 5. 89 
ANNEX II 
LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN THE GENERAL INDUSTRIAL 
CLASSIFICATION OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES 
Classes 
50 Groups 
500 
501 
502 
503 
504 Subgroups 
500.1 
500.2 
501.1 
501.2 
501.3 
501.4 
501.5 
501.6 
501.7 
502.1 
502.2 
502.3 
502.4 
502.5 
502.6 
502.7 
503.1 
503.2 
503.3 
503.4 
503.5 
503.6 
504.1 
504.2 
504.3 
504.4 
504.5 
504.6 Description 
BUILDING AND CIVIL ENGINEERING 
General building and civil engineering work (without any particular 
specification) and demolition work 
General building and civil engineering work (without any particular 
specification) 
Demolition work 
Construction of flats, office blocks, hospitals and other buildings, both 
residential and non-residential 
General building contractors 
Roofing 
Construction of chimneys, kilns and furnaces 
Water-proofing and damp-proofing 
Restoration and maintenance of outside walls (repainting, cleaning, 
Erection and dismantlement of scaffolding 
Other specialized activities relating to construction work (including 
carpentry) 
Civil engineering: construction of roads, bridges, railways, etc. 
General civil engineering work 
Earth-moving (navvying) 
Construction of bridges, tunnels and shafts; drilling 
Hydraulic engineering (rivers, canals, harbours, flows, locks and 
dams) 
Road-building (including specialized construction of airports and 
runways) 
Specialized construction work relating to water (i.e. to irrigation' land 
drainage, water supply, sewage disposal, sewerage, etc.) 
Specialized activities in other areas of civil engineering 
Installation (fittings and fixtures) 
General installation work 
Gas fitting and plumbing, and the installation of sanitary equipment 
Installation of heating and ventilating apparatus (central heating, air-
conditioning, ventilation) 
Sound and heat insulation; insulation against vibration 
Electrical fittings 
Installation of aerials, lightning conductors' telephones, etc. 
Building completion work 
General building completion work 
Plastering 
Joinery, primarily engaged in on the site assembly and/or installation 
(including the laying of parquet flooring) 
Painting, glazing and paper-hanging 
Tiling and otherwise covering floors and walls 
Other building completion work (putting in fireplaces, etc.) 
8. 5. 89 Official Journal of the European Communities No C 115/65 
ANNEX III 
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS 
For the purposes of this Directive, the following terms shall be defined as follows: 
1. 'Technical specifications': the totality of the technical prescriptions contained in particular in the tender 
• documents, defining the characteristics required of a work, material, product or supply, which permits a 
work, a material, a product or a supply to be described in a manner such that it fulfils the use for which it is 
intended by the contracting authority. These technical prescriptions shall include levels of quality, 
performance, safety or dimensions, including the requirements applicable to the material, the product or to 
the supply as regards quality assurance, terminology, symbols, testing and test methods, packaging, 
marking or labelling. They shall also include rules relating to design and costing, the test, inspection and 
acceptances for works and methods or techniques of construction and all other technical conditions which 
the contracting authority 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. 
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 (CEN) or by 
the European Committee for Electrotechnical Standardization (Cenelec) as 'European Standards (EN)' or 
'Harmonisation Documents (HD)' according to the Common Rules of these organizations. 
4. 'European technical approval': a favourable technical assessment of the fitness for use of a product, 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. The European agreement shall be issued by 
an approval body designated for this purpose by the Member State. 
5. 'Common technical specification': a technical specification laid down in accordance with a procedure 
recognized by the Member States to ensure uniform application in all Member States which has been 
published in the Official Journal of the European Communities. 
6. 'Essential requirements': requirements regarding safety, health and certain other aspects in the general 
interest, that the construction works can meet. 
ANNEX IV 
MODEL CONTRACT NOTICES 
A. Prior Information 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting 
authority: 
2. (a) The site: 
(b) The nature and extent of the services to be provided and, where relevant, the main characteristics of any 
lots by reference to the work: 
(c) if available: an estimate of the cost range of the proposed services: 
3. (a) Estimated date for initiating the award procedures in respect of the contract or contracts: 
(b) If known: estimated date for the start of the work: 
(c) If known: estimated time-table for completion of the work: 
4. If known: terms of financing of the work and of price revision and/or references to the provisions in which 
these are contained: 
5. Other information: 
6. Date of dispatch of the notice: 
No C 115/66 Official Journal of the European Communities 8. 5. 89 
7. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
B. Open procedures 
1. The name, address, telephone number, telegraphic address, telex and facsimile numbers of the contracting 
authority: 
2. (a) The award procedure chosen: 
(b) Nature of the contract for which tenders are being requested: 
3. (a) The site: 
(b) The nature and extent of the services to be provided and general nature of the work: 
(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility 
of tendering for one, for several or for all of the lots: 
(d) Information concerning the purpose of the work or the contract where the latter also involves the 
drawing up of projects: 
4. Any time limit for completion: 
5. (a) Name and address of the service from which the contract documents and additional documents may be 
requested: 
(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents: 
6. (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: 
7. (a) Where applicable, the persons authorized to be present at the opening of tenders: 
(b) The date, hour and place of such opening: 
8. Any deposit and guarantees required: 
9. Main terms concerning financing and payment and/or references to the provisions in which these are 
contained: 
10. Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is 
awarded: 
11. Minimum economic and technical standards required of the contractor to whom the contract is awarded: 
12. 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 
where they do not appear in the contract documents: 
14. Where applicable, prohibition on variants: 
15. Other information: 
16. Date of publication of the prior information notice in the Official Journal of the European Communities or 
reference to its non-publication: 
17. Date of dispatch of the notice: 
18. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
C. Restricted procedures 
1. The name, address, telephone number, telex and facsimile numbers of the contracting authority: 
2. (a) The award procedure chosen: 
(b) Where applicable, justification for the use of the accelerated procedure: 
(c) Nature of the contract for which tenders are being requested: 
3. (a) The site: 
(b) The nature and extent of the services to be provided and general nature of the work: 
8. 5. 89 Official Journal of the European Communities No C 115/67 
(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility 
of tendering for one, for several or for all of the lots: 
(d) Information concerning the purpose of the work or the contract where the latter also involves the 
drawing up of projects: 
4. Any time limit for completion: 
5. Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is 
awarded: 
6. (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: 
7. The final date for dispatch of invitations to tender: 
8. Any deposit and guarantees required: 
9. Main terms concerning financing and payment and/or the provisions in which these are contained: 
10. Information concerning the contractor's personal position and minimum economic and technical 
standards required of the contractor to whom the contract is awarded: 
11. The criteria for the award of the contract where they are not mentioned in the invitation to tender: 
12. Where applicable, prohibition on variants: 
13. Other information: 
14. Date of publication of the prior information notice in the Official Journal of the European Communities or 
reference to its non-publication: 
15. Date of dispatch of the notice: 
16. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
D. Negotiated procedures 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting 
authority: 
2. (a) The award procedure chosen: 
(b) Where applicable, justification for the use of the accelerated procedure: 
(c) Nature of the contract for which tenders are being requested: 
3. (a) The site: 
(b) The nature and extent of the services to be provided and general nature of the work: 
(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility 
of tendering for one, for several or for all of the lots: 
(d) Information concerning the purpose of the work or the contract where the latter also involves the 
drawing up of projects: 
4. Any time limit: 
5. Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is 
awarded: 
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. Any deposit and garantees required: 
8. Main terms concerning financing and payment and/or the provisions in which these are contained: 
9. Information concerning the contractor's personal position and information and formalities necessary in 
order to evaluate the minimum economic and technical standards required of the contractor to whom the 
contract is awarded: 
No C 115/68 Official Journal of the European Communities 8. 5. 89 
10. Where applicable, prohibition on variants: 
11. Where applicable, the names and addresses of suppliers already selected by the awarding authority: 
12. Where applicable, date(s) of previous publications in the Official Journal of the European Communities: 
13. Other information: 
14. Date of publication of the prior information notice in the Official Journal of the European Communities: 
15. Date of dispatch of the notice: 
16. Date of receipt of the notice by the Office for Official Publications of the European Communities: 
E. 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 successful contractor(s): 
7. Nature and extent of the services provided, general characteristics of the finished structure: 
8. Price or range of prices (minimum/maximum) paid: 
8a. The value and the share of the contract likely to be sub-contracted to third parties. 
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 Office for Official Publications of the European Communities: 
ANNEX V 
MODEL NOTICE OF PUBLIC WORKS CONCESSION 
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting 
authority: 
2. (a) The site: 
(b) The subject of the concession, nature and extent of the services to be provided: 
3. (a) Final date for receipt of candidatures: 
(b) The address to which they must be sent: 
(c) The language or languages in which they must be drawn up: 
4. Personal, technical and financial conditions to be fulfilled by the candidates: 
5. The criteria for the award of the contract: 
6. Where applicable, the minimum percentage of the works contracts awarded to third parties: 
7. Other information: 
8. 5. 89 Official Journal of the European Communities No C 115/69 
8. Date of dispatch of the notice: 
9. Date of receipt of the notice by the Office for Official publications of the European Communities: 
ANNEX VI 
MODEL NOTICE OF WORKS CONTRACTS AWARDED BY THE CONCESSIONAIRE 
1. (a) The site: 
(b) The nature and extent of the service to be provided and the general nature of the work: 
2. Any time limit for the completion of the works: 
3. Name and address of the service from which the contract documents and additional documents may be 
requested: 
4. (a) The final date for receipt of requests to participate and/or 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: 
5. Any deposit and guarantees required: 
6. The economic and technical standards required of the contractor: 
7. The criteria for the award of the contract: 
8. Other information: 
9. Date of dispatch of the notice: 
10. Date of receipt of the notice by the Office for Official Publications of the European Communities: