RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS
Date: 1990-07-12
Institutions: European Commission
Subjects: carriage of goods, energy production, free movement of goods, supplies contract, telecommunications, water

COMMISSION  OF  THE  EUROPEAN  COMVIDNITIES 

C0M(90) 301 final - SYN 153 

Brussels,  12 July 1990 

Re-examined proposal  for a 

on the procurement  procedures of entitles 

operating  In the water, 

energy, transport  and telecommunications sectors 

(presented by the Commission pursuant  to Article  149.2(d) 
of the EEC treaty) 

<2 

I. General  considerations 

EXPLANATORY  MEMORANDUM 

The  re-examined  proposal  reflects  the Commission's  stance  with 
regard  to  the common  position  adopted  by  the Council  on 
29 March  1990 and  the proposed  amendments  to  that  common  position 
adopted  by  Parliament  on  second  reading  on  13 June  1990.  As  stated 
at  the plenary  session,  the Commission  has  accepted  and 
incorporated  in  Its re-examined  proposal  11 of  the  21  amendments 
adopted  by  Parliament. 

11. Analysis  of  the  re-exam Ined proposal 

The proposal  reflects  the  agreement  existing  between  the  Council, 
Parliament  and  the Commission,  except  for  the points  underlined. On 
these  points,  the proposal  reflects  the European  Parliament's 
amendments. These,  In turn,  represent  an attempt  to  find a 
satisfactory  compromise  between  the proposal  of  the  Commission 
following  the  first  reading  In the  European  Parliament  and  the 
common  position of  the  Council. 

The  points where  the  re-examined  proposal  differs  from  the  common 
position  set  out  below. 

(a) 

Article  1(14) 

This  paragraph  aligns, without  altering  their  scope,  the 
definitions  of  public  telecommunications  services  on  those 
laid  down  In the  common  position on  the  Implementation  of 
Open  Network  Provision  (ONP).  The Commission  Is  thus 
fulfilling  the undertaking  It gave  the Council  during  the 
discussions  leading  to adoption of  the common  position. 

(b) 

Article  6(3) 

The  new  text  is aimed  at  making  the proposal  more  transparent 
by  placing  the Commission  under  the obligation  to publish 
lists of  activities  pursued  by  entitles  but  not  covered  by 
the  Directive. 

(c) 

Article  13(6)(a) 

Article  13 establishes  the conditions  under  which  derogations 
may  be allowed  from  the obligation  to  refer  to  European 
standards. 

-  2 -

The  text  of  paragraph  6(b) of  the common  position  was 
unsatisfactory, since  it drew an unjustified  distinction 
between  telecommunications entities  and  entitles  in the other 
sectors,  thereby  creating  uncertainty.  The  aim  Is,  In  fact, 
to avoid making  It mandatory  to refer  to  European 
specifications where  conformity  of  the product  to  those 
specifications cannot  be established. 

The new  text  makes this clear  and  avoids  misunderstandings. 

(d) 

Article  17(1) 

The  re-examined  proposal  takes over  from  the  Commission's 
earlier  proposals  a provision  to the effect  that  the  periodic 
notice  is to be published  at  least  once  a year. 
If the periodic notice  Is to serve  its purpose, namely  to 
ensure  transparency,  there  should  be  a strict  frequency  of 
publication without  Imposing  an excessive  administrative 
burden  on  the entity  responsible  for  publishing  it. 

(e) 

Article  17(3) 

The  new  text  usefully  supplements  the provisions  that  are  to 
apply  In cases where  the periodic  notice  Is used  as a means 
of  calling  for  competition.  It makes  the period of one  year 
run  from  the date on which  the contracting  entity  dispatches 
the  letters of  Invitation  and  specifies  the deadlines  for 
submitting  applications and  tenders, which  are  aligned  on 
those  applicable  to the other  means of  calling  for 
competIt ion. 

These  new  provisions  supplement  and  clarify  the  text  without 
altering  the spirit  or  substance  of  the  Directive. 

(f) 

Article  23 

In Rush  Portuguesa,1  the Court  of  Justice confirmed  that 
Community  law does not  prevent  Member  States extending  their 
legislation, or  collective wage  agreements  concluded  by  the 
two sides of  Industry,  to cover  any  person  carrying  out  paid 
work - even on  a  temporary  basis - on  their  territory, 
irrespective of  the country  in which  his employer  Is 
established;  neither  does  It bar Member  States  from 
enforcing  such  rules  by  appropriate means. 

Case C-113/89  Rush  Portuguesa  v Office  National  d'Immigration,  not  yet 
reported. 

- 3 -

U j 

Article 23(1) provides that contracting entities may mention 
the authorities from which tenderers can obtain  Information 
on any rules of this nature.  Where such  Information Is 
supplied,  It Is appropriate that tenderers should confirm 
that they have taken those rules  Into account when drawing up 
their tender.  For the sake of consistency, Article 23(2) has 
thus been amended and aligned on Article 22a of 
Directive 89/440/EEC. 

(g)  Article 29 

The amendments to this Article are aimed at remodelling and 
clarifying  It; the paragraphs have therefore been combined or 
rearranged  Into a more  logical order. 

The wording of the text on the concept of the origin of goods 
has been clarified, and reference  is made to the Council 
Regulation on the common definition of the concept of the 
origin of goods.2 

All  these provisions contribute to the clarity of the text 
while  leaving the substance and scope of the Article 
unchanged. 

III. Amendments not accepted by the Commission 

(a)  Amendments Nos 2 (Article 2(2)(a)) and 4, S and 6 (Article 
3(1) and (4)) do not alter  the substance of the provisions 
concerned or  Improve the clarity of the text.  It is 
therefore preferable to retain the wording of the common 
position, which offers the necessary  legal certainty and 
clarity. 

(b)  The purpose of amendment No 10 (Article 12(6)) Is to ensure 

that the concept of work  Is correctly  Interpreted  in all 
Member States.  However, a directive  Is not an appropriate 
place for an obligation to interpret a provision;  if, after 
adoption of the Directive, it were to prove necessary to 
define the concept more precisely, the Commission would take 
the necessary measures. 

(c)  The Commission has not  Incorporated amendments Nos 16 and 17 

In Art icle 28 relatIng to national preference schemes.  It 
set out  Its policy on regional preference schemes  In Its 
Communication entitled "Public procurement: regional  and 

0J No L 148 of 28 June 1968, p. 1. 

- 4 -

s 

social  aspects".3  The Judgment of the Court of Justice In 
Du Pont de Nemours4 confirms the soundness of that policy. 
The Commission  therefore takes the view that  It would be 
Inexpedient  to amend a text that  Is in keeping with that 
po11cy. 

Amendment  No 16 furthermore provides that national  measures 
may also be aimed at promoting or safeguarding equal  rights 
and opportunities for women, the disabled or workers from 
minority groups.  However, Article 22(4)(f) of the common 
position already allows contracting entities to  Impose 
special  conditions for participation  in a contract.  As the 
Court of Justice stressed  in its judgment  In BeentJes,5 the 
concept of  "special conditions" can  include conditions of a 
social nature. 

(d)  Amendment  No 23 concerning Annex XV (Notice of contracts 

awarded) Is superfluous since  Information on sub-contracting 
Is already  requested under  Items 10 and 11 of that Annex. 

(e)  Amendments Nos 28 (Article 1(4)) and 29 (Article 12(5)) limit 
the period of validity of framework agreements to four years 
in order  to prevent contracting entities using  them to avoid 
having to comply with the Directive.  These amendments are 
Inappropriate because Article 5(4) already  rules out any 
misuse of framework agreements with a view to evading the 
Directive.  There  Is therefore no reason to  limit the 
duration of a framework agreement  that  Is concluded  in 
accordance with the Directive and thus used as a  legitimate 
commercial  method of procurement. 

3 
4 

5 

OJ No C 311 of 12 December  1989, p. 7. 
Case C-21/88 Du Pont de Nemours  I ta 11 ana S.p.A. v Unite Sanitaria Locale 
No 2 dl Carrara, not yet  reported. 
Case C-31/87 Gebroeders BeentJes B.V. v State of the Netherlands, not 
yet  reported. 

€ 

Re-examined proposal  for a 

COUNCIL PI RECTI VF 

on the procurement procedures of entities 

operating  In the water, 

energy, transport and telecommunications sectors 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community and in 

particular the last sentence of Article 57(2), Article 66, Article  100a and 

Article  113 thereof, 

Having regard to the proposal from the Commission 

In co-operation with the European Parliament 

(2) 

Having regard to the Opinion of the Economic and Social Committee 

(3) 

Whereas the measures aimed at progressively establishing the internal market, 

during the period up to 31 December  1992, need to be taken; whereas the internal 

market consists of an area without internal frontiers in which free movement of 

goods, persons, services and capital is guaranteed; 

(1) OJ No C 264, 16.10.1989, p.  22. 
(2) OJ No C 158, 26. 6.1989, p. 258 and Decision of 

the Official Journal). 

(3) OJ No C 139,  5. 6.1989, p.  23 and 31. 

(not yet published in 

-  Î  -

? 

Whereas the European Council has drawn conclusions concerning the need to bring 

about a single internal market; 

Whereas restrictions on the free movement of goods and on the freedom to provide 

services in respect of supply contracts awarded in the water, energy, transport 

and telecommunications sectors are prohibited by the terms of Articles 30 and 59 

of the Treaty; 

Whereas Article 97 of the Euratom Treaty prohibits any restrictions based on 

nationality as regards companies under the jurisdiction of a Member State where 

they desire to participate in the construction of nuclear installations of a 

scientific or industrial nature in the Community; 

Whereas these objectives also require the co-ordination of the 

prociiro"-«nt procedures applied by the entities operating in these sectors; 

Whereas the White Paper on the completion of the Internal Market contains an 

action programme and a timetable for opening up public procurement markets in 

sectors which are currently excluded from Council Directive 71/305/EEC of 

26 July 1971 concerning the co-ordination of procedures for the award of public 

works contracts 

, as last amended by Council Directive 89/440/EEC 

, and 

Council Directive 77/62/EEC of 21 December. 1976 co-ordinating procedures for the 

award of public supply contracts 

, as last amended by 

(3) 

Directive 88/295/EEC  (4); 

(1) OJ No L 185. 16.8.1971, p. 5. 
(2) OJ No L 210, 21.7.1989. p. 1. 
(3) OJ No L  13, 15.1.1977, p. 1. 
(4) OJ No L 127, 20.5.1988, p. 1. 

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8 

Whereas  among  such excluded  sectors  are  those  concerning  the provision  of water, 

energy  and  transport  services  and,  as far as Directive  77/62/EEC  is  concerned, 

the telecommunications  sector; 

Whereas  the main  reason  for their exclusion was  that  entities  providing  such 

services are  in some cases governed  by public  law,  in others by private  law; 

Whereas  the need  to ensure  a real  opening-up  of the market  and  a fair balance  in 

the application  of procurement  rules  in these  sectors  requires  that  the  entities 

to be covered  must  be identified  on a different  basis  than by  reference  to their 

legal status; 

Whereas,  in the four sectors  concerned,  the procurement  problems  to be solved  are 

of a similar nature,  so permitting  them  to be addressed  in one  instrument; 

Whereas,  among  the main  reasons  why entities  operating  in these  sectors  do not 

purchase on the basis  of Community-wide  competition  is the closed  nature  of  the 

markets  in which  they operate,  due  to the existence  of special  or  exclusive 

rights granted  by  the national  authorities,  concerning  the supply«to provision or 

operation 

0f  networks  for providing  the service  concerned,  the exploitation  of 

a given  geographical  area for a particular  purpose,  the provision  or operation  of 

public  telecommunications  networks  or the provision  of public  telecommunications 

services ; 

- 3 -

Whereas the other main  reason for the absence of Community-wide  competition  in 

these areas  results  from various ways  in which national  authorities  can  influence 

the behaviour of these entities, including participations  in their capital  and 

representation  in the entities' administrative, managerial  or supervisory  bodies. 

Whereas  this Directive  should not extend  to activities of those entities which 

either  fall outside  the sectors of water, energy  and  transport  services  or 

outside  the telecommunications  sector, or which  fall within  those sectors but 

nevertheless  are directly  exposed  to competitive  forces  in markets  to which  entry 

is unrestricted; 

Whereas  it is appropriate  that  these entities apply  common procurement  procedures 

in respect  of their activities  relating to water; whereas  certain entities  have 

been covered  up to now by Directives  71/305/EEC  and  77/62/EEC  in respect  of  their 

activities  in the field of hydraulic  engineering projects, irrigation,  land 

drainage or the disposal  and  treatment  of  sewage  ; 

Whereas, however, procurement  rules of the type proposed  for supplies of goods 

are  inappropriate  for purchases  of water, given the need  to procure water  from 

sources near the area where  it will be used; 

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A 

Whereas, when specific  conditions  are fulfilled, exploitation  of a geographical 

area with  the aim of exploring  for or extracting  oil, gas, coal  or other  solid 

fuels may  be made  subject  to alternative  arrangements  which will  enable  the  same 

objective  of opening  up contracts  to be achieved;  whereas  the Commission  must 

ensure  that  these  conditions  are  complied  with by  the Member  States who  implement 

these alternative  arrangements; 

Whereas  the Commission  has announced  that  it will  propose measures  to  remove 

obstacles  to cross-frontier exchanges  of electricity  by  1992; whereas  procurement 

rules of the type proposed  for supplies  of goods would  not  make  it possible  to 

overcome  existing  obstacles  to the purchases  of energy  and  fuels  in the  energy 

sector; whereas, as a result,  it  is not  appropriate  to include  such purchases  in 

the scope of this Directive,  although  it should  be borne  in mind  that  this 

exemption will be re-examined  by  the Council  on the basis of a Commission  report 

and Commission  proposals; 

Whereas  Regulations  (EEC) No 3975/87  ( 1)  and No 3976/87  ( 2 ), 

Directive 87/601/EEC 

and  Decision  87/602/EEC 

are designed  to  introduce 

more  competition  between  the entities  offering  air transport  services  to the 

public  and  it  is therefore  not  appropriate  for the time being  to include  such 

entities  in the  scope  of this Directive  although  the situation  ought  to be 

reviewed  at a  later  stage  in the  light  of progress made as  regards  competition; 

(1) OJ No L 374.  31.12.1987, p.  1. 
(2) OJ  No L 374, 31.12.1987, p.  9. 
(3) OJ No L 374, 31.12.1987, p. 12. 
(4) OJ No L 374, 31.12.1987, p. 19. 

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1 >> 

Whereas,  in view of  the competitive  position of Community  shipping,  it would  be 

inappropriate  for the greater part  of the contracts  in this sector  to be  subject 

to detailed  procedures; whereas  the situation of shippers  operating  sea-going 

ferries  should  be kept  under  review; whereas  certain  inshore  and  river  ferry 

services  operated  by public  authorities  should no  longer be excluded  from  the 

scope of Directives  71/305/EEC  and  77/62/EEC; 

Whereas  it  is appropriate  to  facilitate  compliance  with provisions  relating; to 

activities not  covered by  this Directive; 

Whereas  this Directive  should  not  apply  to procurement  contracts which are 

declared  secret  or may  affect  basic State  security  interests or are  concluded 

according  to other  rules  set up by existing  international  agreements  or 

international  organizations; 

Whereas  the Community's  or the Member  States' existing  international  obligations 

must  not  be affected  by the  rules of this Directive; 

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Whereas products, works or services must  be described  by  reference  to  European 

specifications; whereas,  in order  to ensure  that  a product, work  or  service 

fulfils  the use  for which  it  is intended  by  the contracting  entity,  such 

reference may be complemented  by specifications which do not  change  the nature of 

the technical  solution or solutions  set  out  in the European  specification; 

Whereas  the principles  of equivalence  and  of mutual  recognition  of  national 

standards,  technical  specifications  and manufacturing  methods  are  applicable  in 

the field of application  of this Directive; 

Whereas, when  the contracting  entities  define by common  accord with  tenderers  the 

deadlines  for receiving 

tenders,  they shall  comply  with  the 

principle of non-discrimination,  and whereas, if there  is no such agreement,  it 

is necessary  to lay down  suitable provisions; 

Whereas  it could prove useful  to provide  for greater transparency  as  to the 

requirements  regarding  the protection  and  conditions  of employment  applicable  in 

the Member  State  in which  the works are  to be carried  out; 

Whereas  it is appropriate  that  national  provisions  for regional  development 

requirements  to be taken  into consideration  in the award  of public  works 

contracts  should  be made  to conform  to the objectives  of  the Community  and be  in 

keeping with  the principles  of  the Treaty; 

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nj 

Whereas  contracting  entities must  not  be  able to reject  abnormally  low tenders 

before having  requested  in writing explanations  as to the constituent  elements of 

the tender: 

Whereas, within  certain  limits, preference  should  be given  to an offer of 

Community  origin where  there are equivalent  offers of third  country  origin; 

Whereas  this Directive  should  not prejudice  the position  of the Community  in any 

current  or future  international  negotiations; 

Whereas, based  on the results of such  international  negotiations,  this  Directive 

should  be extendable  to offers of third  country  origin,  pursuant  to a Council 

Decision; 

Whereas  the rules  to be applied by the entities  concerned  should  establish a 

framework  for sound  commercial  practice  and  should  leave a maximum  of 

flexibility; 

Whereas,  as a counterpart  for such  flexibility  and  in the  interest  of mutual 

confidence,  a minimum  level of transparency must  be ensured  and  appropriate 

methods  adopted  for monitoring  the application  of this Directive; 

- 8 -

Whereas  it  is necessary  to adapt  Directives  71/305/EEC  and  lllbllttC 

to  establish 

well-defined  fields of application;  whereas  the scope of Directive  71/305/EEC 

should  not  be reduced,  except  as regards  contracts  in the water and 

telecommunications  sectors; whereas  the scope of Directive  77/62/EEC  should  not 

be  reduced,  except  as regards  certain  contracts  in the water sector; whereas  the 

scope of Directives  71/305/EEC  and  77/62/EEC  should  not, however, be extended  to 

contracts  awarded  by carriers by  land,  air, sea,  inshore or  inland  waterway 

which, although  carrying out  economic  activities  of an  industrial  or  commercial 

nature, belong  to the State  administration;  whereas, nevertheless,  certain 

contracts  awarded  by carriers by  land,  air,  sea, inshore  or inland  waterway  which 

belong  to  the State administration  and  are carried  out  only  for reasons  of public 

service  should  be covered  by those Directives; 

Whereas  this Directive  should  be  re-examined  in the  light  of experience; 

Whereas  the opening up of contracts, on  1  January  1993,  in the  sectors  covered 

by this Directive might  have an adverse  effect  upon the economy  of the Kingdom  of 

Spain; whereas  the economies  of  the Hellenic  Republic  and  the Portuguese  Republic 

will  have  to sustain  even greater efforts; whereas  it is appropriate  that  these 

Member  States  be granted  adequate  additional  periods  to  implement  this  Directive, 

HAS ADOPTED THIS DIRECTIVE: 

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s)S 

TITLE I 

GENERAL PROVISIONS 

Article 1 

For the purposes of this Directive: 

(1) "public authorities" shall mean the State, regional or local authorities, 

bodies governed by public law, or associations formed by one or more of such 

authorities or bodies governed by public law. 

A body is considered to be governed by public law where it: 

- is established for the specific purpose of meeting needs in the general 

interest, not being of a commercial or industrial nature, and 

- has legal personality, and 

- is financed for the most part by the-State, or regional or local 

authorities, or other bodies governed by public law, or is subject to 

management supervision by those bodies, or has an administrative, 

managerial or supervisory board more than half of whose members are 

appointed by the State, regional or local authorities, or other bodies 

governed by public law; 

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• /& 

(2) "public undertaking"  shall mean  any undertaking  over which  the public 

authorities  may  exercise  directly  or indirectly  a dominant  influence  by 

virtue of their ownership  of  it,  their financial  participation  therein,  or 

the rules which govern  it.  A dominant  influence  on the part  of the public 

authorities  shall  be presumed  when  these authorities, directly  or  indirectly, 

in relation  to an  undertaking: 

- hold  the major part  of  the undertaking's  subscribed  capital, or 

- control  the majority  of  the votes  attaching  to shares  issued  by the 

undertaking,  or 

- can appoint  more  than half of the members  of the  undertaking's 

administrative,  managerial  or supervisory  body; 

(3) "supply  and works  contracts" shall mean  contracts  for pecuniary  interest 

concluded  in writing  between  one of the contracting  entities  referred  to in 

Article  2 and  a supplier  or contractor  and which have  as  their  object: 

(a) in the case of supply  contracts,  the purchase,  lease,  rental  or 

hire-purchase, with  or without  options  to buy,  of products  or of  software 

services.  These  contracts may  in addition  cover siting  and  installation 

operations. 

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-77 

Software services shall be covered by this definition where they are 

procured by a contracting entity exercising an activity defined in 

Article 2(2)(d) and are for use in the operation of a public 

telecommunications network or are intended to be used in a public 

telecommunications service as such; 

(b) in the case of works contracts, either the execution, or both the 

execution and design or the realization, by whatever means, of building 

or civil engineering activities referred to in Annex XI.  These cpntracts 

may, in addition, cover supplies and services necessary for their 

execution. 

Contracts which include the provision of services other than those referred 

to in (a) and (b) shall be regarded as supply contracts if the total value of 

supplies, including siting and installation operations necessary for the 

execution of the contract and of software services within the meaning of 

subparagraph  (a), is greater than the value of the other services covered by 

the contract; 

(4) "framework agreement" shall mean an agreement between one of the contracting 

entities defined in Article 2 and one or more suppliers or contractors, the 

purpose of which is to establish the terms, in particular with regard to the 

prices and, where appropriate, the quantity envisaged, governing the 

contracts to be awarded during a given period 

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1% 

(5) "tenderer" shall mean  a supplier  or contractor who submits  a tender and 

"candidate" shall mean a person who has  sought  an invitation  to take part  in 

a restricted  or negotiated  procedure; 

(<>) "open,  restricted  and negotiated  procedures" shall mean  the award  procedures 

applied  by contracting  entities  whereby: 

(a) in the case of open procedures,  all  interested  suppliers  or  contractors 

may  submit  tenders; 

(b) in the case of the  restricted  procedures,  only  candidates  invited  by the 

contracting  entity may  submit  tenders; 

(c) in the case of negotiated  procedures,  the contracting  entity  consults 

suppliers  or contractors  of  its choice and negotiates  the terms of the 

contract  with one or more  of  them; 

(7) "technical  specifications" shall mean  the technical  requirements  contained  in 

particular  in the tender documents,  defining  the characteristics  of a set  of 

works, material, product  or supply,  and  enabling  a piece  of work,  a material, 

a product  or a supply  to be objectively  described  in a manner such  that  it 

fulfils  the use for which  it  is intended by the contracting  entity.  These 

technical  prescriptions  may  include  quality,  performance,  safety  or 

dimensions, as well  as requirements  applicable  to the material, product,  or 

supply  as regards  quality  assurance,  terminology,  symbols,  testing  and  test 

methods, packaging,  marking  or  labelling.  In the case of works  contracts, 

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AC, 

they may also  include  rules  for the design  and  costing,  the test,  inspection 

and acceptance  conditions  for works  and methods  or techniques  of 

construction  and all other  technical conditions  which  the contracting  entity 

is in a position  to prescribe under general  or specific  regulations,  in 

relation  to the finished  works  and  to the materials  or parts which  they 

involve; 

(8) "standard" shall mean a technical  specification  approved  by a recognized 

standardizing  body  for repeated  and  continuous  application,  compliance  with 

which  is in principle not  compulsory; 

(9) "European  standard" shall mean  a standard  approved  by the  European  Committer 

for Standardization  (CEN) or by  the European Committee  for  Electrotechnical 

Standardization  (CENELEC) as a "European Standard  (EN)" or  "Harmonization 

Document  (HD)",  according  to the Common  Rules of those  organizations,  or by 

the European Telecommunications  Standards  Institute  (ETSI) according  to its 

own  rules as a "European Telecommunications  Standard  (ETS)"; 

(10) "common  technical  specification" shall mean  a technical  specification  drawn 

up in accordance with a procedure  recognized  by the Member  States with a 

view to uniform  application  in all Member  States and published  in the 

Official  Journal  of the  European  Communities; 

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<?o 

(11) "European  technical  approval" shall  mean  a favourable  technical  assessment 

of the fitness  for use of a product  for a particular  purpose, based  on 

fulfilment  of  the essential  requirements  for building works, by means  of  the 

inherent  characteristics  of  the product  and  the defined  conditions  of 

application  and  use, as provided  for in Council  Directive  89/106/EEC of 

21 December  1988 on  the approximation  of  laws, regulations  and 

administrative  provisions  of  the Member States  relating  to  construction 

products 

European  technical  approval  shall  be  issued  by an  approval 

body  designated  for  this purpose  by  the Member  State; 

(12) "European  specification" shall mean  a common  technical  specification, a 

European  technical  approval  or a national  standard  implementing  a European 

standard; 

( 13) "public  telecommunications  network" shall mean  the public  telecommunications 

infrastructure  which  enables  signals  to be conveyed  between  defined  network 

termination  points by wire, by microwave, by optical means  or by other 

electromagnetic means. 

"Network  termination  point" shall  mean  all physical  connections  and  their 

technical  access  specifications which  form part  of  the public 

telecommunications  network  and  are necessary  for access  to, and  efficient 

communication  through,  that  public  network; 

(14) "public  telecommunications  services" shall  mean  telecommunlcatIons 

services the provision of which the Member  states have  specifically 

assigned  notably to one or more  telecommunications  entitles. 

"telecommunications  services" shall mean services whose  provision 

consists wholly or partly  In the transmission and routing of signals 

on the public  telecommunications  network by means of 

telecommunications processes, with the exception of radio-broadcasting 

and  television. 

(1) OJ  No L 40,  11.2.1989, p. 12. 

-  Î5 -

ZA 

Article 2 

1.  This Directive  shall  apply to contracting  entities which. 

(a) are public  authorities  or public  undertakings  and  exercise  one of the 

activities  referred  to in paragraph 2; 

(b) or, when  they  are not  public  authorities  or public undertakings, have  as one 

of their activities  any of those  referred  to in paragraph  2 or any 

combination  thereof and operate  on the basis  of special  or exclusive  rights 

granted by a competent  authority  of a Member State. 

2.  Relevant  activities  for the purposes of this Directive  shall be: 

': ^ lue provision  or operation  of  fixed  networks  intended  to provide  a service  to 

the public  in connection  with  the production,  transport  or distribution  of: 

(i) drinking water, or 

(i i) electricity;  or 

(ii i) gas or heat ; 

or the supply of drinking water,  electricity, gas or heat  to such networks; 

-  16 -

2Z 

(b) the exploitation  of a geographical  area for the purpose  of: 

(i) exploring  for or extracting  oil, gas, coal  or other  solid  fuels, or 

(ii) the provision  of airport, maritime or inland port  or other  terminal 

facilities  to carriers by air, sea or inland  waterway; 

(c) the operation 

of networks  providing  a service  to the public  in the  field 

of  transport  by  railway,  automated  systems, tramway,  trolley  bus, bus or 

cable. 

As regards  transport  services, a network  shall  be considered  to exist  where 

the service  is provided  under operating  conditions  laid  down by a  competent 

authority  of a Member  State, such as conditions  on the routes  to be served", 

the capacity  to be made available  or the frequency  of the service; 

(d) the provision  or operation  of public  telecommunications  networks  or the 

provision  of one or more public  telecommunications  services. 

.'•».  For  the purposes  of applying  paragraph  K b ), special  or exclusive  rights 

shall  mean  rights  deriving  from authorizations  granted  by a competent  authority 

of the Member  State  concerned,  by  law,  regulation  or administrative  action, 

having as their result  the reservation  for one or more entities  of the 

exploitation of an activity  defined  in paragraph 2. 

-  17 -

2.3 

A contracting entity  shall be considered  to enjoy  special  or exclusive  rights  in 

particular where: 

(a) for the purpose  of constructing  the networks  or facilities  referred  to in 

paragraph  2, it may  take advantage  of a procedure  for the expropriation  or 

use of property  or may place network equipment  on, under or over the public 

highway; 

(b) in the case of paragraph  2(a), the entity  supplies with drinking  water, 

electricity,  gas or heat  a network which  is itself operatedby  an entity 

enjoying  special  or exclusive  rights  granted by a competent  authority  of the 

Member  State  concerned. 

4.  The provision of bus  transport  services  to the public  shall not  be  considered 

to be a relevant  activity within  the meaning of paragraph  2(c) where  other 

entities  are free  to provide  those  services, either  in general  or  in a particular 

geographical  area, under  the same  conditions  as the contracting  entities. 

5.  The supply of drinking water, electricity,  gas or heat  to networks  which 

provide  a service  to the public by a contracting  entity  other  than a public 

authority  shall  not  be considered  as a relevant  activity  within  the meaning  of 

paragraph  2(a) where: 

-  18 -

(a)  in the case of drinking water or  electricity: 

- the production  of drinking  water or electricity  by the entity  concerned 

takes place  because  its consumption  is necessary  for carrying  out  an 

activity  other  than  that  referred  to in paragraph  2, and 

- supply  to the public  network  depends  only on  the entity's  own  consumption 

and has not  exceeded  30% of  the entity's  total production  of drinking  water 

or energy, having  regard  to the average  for the preceding  three years, 

including  the current  year; 

(b) in the case of gas or heat: 

- the production  of gas or heat  by  the entity  concerned  is the  unavoidable 

consequence  of carrying  on an activity  other than  that  referred  to in 

paragraph  2, and 

- supply  to the public  network  is aimed  only  at  the economic  exploitation  of 

such production  and  amounts  to not  more  than 2 0* °f the entity's  turnover 

having  regard  to the average  for  the preceding  3 years,  including  the 

current  year. 

6.  The contracting  entities  listed  in Annexes  I to X shall  fulfil  the  criteria 

set  out  above.  In order  to ensure  that  the  lists are as exhaustive  as possible. 

Member States  shall  notify  the Commission  of amendments  to their  lists.  The 

Commission  shall  revise Annexes  I to X  in accordance  with  the procedure  in 

Article 32. 

-  19 

zs 

Article 3 

I.  Member States may request  the Commission  to provide that exploitation  of 

geographical  areas for the purpose  of exploring  for, or extracting, oil, gas, 

coal or other solid  fuels shall not be considered  to be an activity defined  in 

Article  2(2)(b)(i) and  that entities  shall not be considered  as operating under 

special or exclusive rights within the meaning of Article  2(3)(b) by virtue of 

carrying on one or more of these activities, provided  that  all  the  following 

conditions are satisfied  with respect  to the relevant national  provisions 

concerning  such activities: 

(a) at the time when  authorization  to exploit  such a geographical  area is 

requested, other entities  shall be free to seek authorization  for that 

purpose under the same conditions  as the contracting entities; 

(b) the technical  and  financial  capacity  of entities  to engage  in particular 

activities shall be established  prior to any evaluation of the merits of 

competing applications  for authorization; 

(c) authorization  to engage  in those activities  shall be granted  on the basis of 

objective  criteria concerning  the way  in which  it is intended  to carry out 

the exploitation  or extraction, which  shall be established  and  published 

prior to the requests  and applied  in a non-discriminatory  manner; 

- 20 -

(d) all  conditions  and  requirements  concerning  the carrying  out  or termination  of 

the activity,  including provisions  on operating  obligations,  royalties, and 

participation  in the capital  or revenue of the entities, shall  be  established 

and made  available  prior  to the  requests  for authorization  being made  and 

then applied  in a non-discriminatory  manner;  every  change  concerning  these 

conditions  and  requirements  shall  be applied  to all  the entities  concerned, 

or else amendments  must  be made  in a non-discriminatory  manner;  however, 

operating  obligations  need  not  be established  until  immediately  before  the 

authorization  is granted;  and 

(e) contracting  entities  shall not  be required  by any  law,  regulation, 

administrative  requirement,  agreement  or understanding  to provide  information 

on a contracting  entity's  intended  or actual  sources of procurement,  except 

at  the request  of national  authorities  and exclusively  with a view  to the 

objectives mentioned  in Article  36 of the Treaty. 

2.  Member  States which  apply  the provisions  of paragraph  1 shall  ensure,  through 

the conditions  of the authorization  or other appropriate  measures,  that  any 

entity: 

(a) observes  the principles  of non-discrimination  and  competitive  procurement  in 

respect  of the award  of supplies  and works contracts,  in particular as 

regards  the  information  that  the entity makes  available  to  undertakings 

concerning  its procurement  intentions; 

- 21 

2? 

(b) communicates  to the Commission,  under  conditions  to be defined  by  the  latter 

in accordance with Article  32, information  relating  to the award  of 

contracts. 

3.  As regards  individual  concessions  or authorizations  granted  before  the date 

on which Member  States apply  this Directive  in accordance  with Article 37, 

paragraphs  1(a), (b) and  (c) shall not  apply, provided  that  at  that  date  other 

entities  are free  to seek authorization  for the exploitation  of  geographical 

areas for the purpose of exploring  for or extracting  oil, gas, coal  or other 

solid  fuels, on a non-discriminatory  basis and  in the  light  of  objective 

criteria.  Paragraph  1(d) shall not  apply  as regards  conditions  or  requirements 

established,  applied  or amended  before  the date referred  to above. 

4.  A Member State which wishes  to apply paragraph  1 shall  inform  the  Commission 

accordingly.  In doing  so, it shall  inform  the Commission  of any  law,  regulation 

or administrative  provision,  agreement  or understanding  relating  to  compliance 

with  the conditions  referred  to in paragraphs  1 and 2. 

22 -

?<*-

The Commission  shall  take a decision  in accordance with the procedure  laid  down 

in Article  32(4) to  (7).  It shall  publish  its decision, giving  its reasons,  in 

the Official  Journal  of the European  Communities. 

It shall  forward  to the Council  each year a report  on the implementation  of  this 

Article and review  its applicaiton  in the framework  of the report  provided  for in 

Article 36. 

Article  4 

1.  When awarding  supply  or works  contracts, the contracting  entities  shall  apply 

procedures which are adapted  to the provisions  of this Directive. 

2.  Contracting  entities  shall  ensure  that  there  is no discrimination  between 

different  suppliers  or contractors. 

3.  In the context  of provision of technical  specifications  to  interested 

suppliers and  contractors, of qualification  and selection  of suppliers  or 

contractors  and of award  of contracts, contracting  entities may  impose 

requirements  with a view to protecting  the confidential  nature of  information 

which  they make available. 

-  23 -

?$ 

4.  The provisions  of this Directive  shall not  limit  the right  of suppliers  or 

contractors  to require  a contracting  entity,  in conformity  with national  law,  to 

respect  the confidential  nature of  information which  they make  available. 

Article 5 

1.  Contracting  entities may  regard  a framework  agreement  as a contract  within 

the meaning  of Article  1(3) and award  it  in accordance  with  this Directive. 

2.  Where  contracting  entities have awarded  a framework  agreement  in accordance 

with  this Directive, they may  avail  themselves  of Article  15(2)(i) when  awarding 

contracts based  on that  agreement. 

3.  Where  a framework  agreement  has not  been awarded  in accordance  with  this 

Directive,  contracting  entities may not  avail  themselves  of Article  15(2)(i). 

4.  Contracting  entities may not  misuse  framework agreements  in order  to hinder, 

limit  or distort  competition. 

- 24 -

Article  6 

3o 

1.  This Directive  shall  not  apply  to contracts  which  the  contracting  entities 

awaid  for purposes other than  the pursuit  of their activities  as described  in 

Article 2(2) or  for the pursuit  of such  activities  in a non-member 

country,  in conditions  not  involving  the physical  use of a network  or  geographical 

area within  the  Community. 

2.  However,  this Directive  shall  apply  to contracts  awarded  on behalf  of  the 

entities which exercise  an activity  referred  to in Article  2(2)(a)(i) and  which: 

(a) are connected  with hydraulic  engineering  projects,  irrigation  or  land 

drainage, provided  that  the volume  of water  intended  for the supply of 

drinking water  represents more  than  20% of the  total  volume  of water made • 

available  by  these projects  or  irrigation  or drainage  installations,  or 

(b) are connected  with  the disposal  or treatment  of sewage. 

3.  The  contracting entitles shall  notify  the Commission  of  any  activities 

they  regard  as covered  by  the above exclusion. The Commission  shalI 

periodically  publish  lists of  the activities which  It considers  to be 

covered  by  this exclusion,  for  information  In the Official  Journal  of  the 

European  Communities.  In so doing,  the Commission  shall  take  account  of  any 

sensitive  commercial  aspects  the contracting  entitles may  point  out  when 

forwarding  this  information. 

- 25 -

31 

Article 7 

1.  The provisions of this Directive shall not apply to contracts awarded for 

purposes of re-sale or hire to third parties, provided that the contracting 

entity enjoys no special or exclusive right to sell or hire the subject of such 

contracts and other entities are free to sell or hire it under the same 

conditions as the contracting entity. 

2.  The contracting entities shall notify the Commission at its request of all 

the categories of products they regard as excluded under paragraph  1.  The 

Commission may periodically publish lists of the categories of activities which 

it considers to be covered by this exclusion, for information in the Official 

Journal of the European Communities.  In so doing, the Commission shall respect 

any sensitive commercial aspects the contracting entities may point out when 

forwarding this information. 

Article 8 

1.  This Directive shall not apply to contracts which contracting entities 

exercising an activity described in Article 2(2)Id) award for purchases intended 

exclusively to enable them to provide one or more telecommunications services 

where other entities are free to offer the same services in the same geographical 

area and under substantially the same conditions. 

- 26 -

32 

2.  The contracting  entities  shall notify  the Commission  at its request  of any 

services  they  regard  as covered  by  the exclusion  referred  to in paragraph  1.  The 

Commission may periodically  publish  the  list of services which  it considers  to be 

covered by this exclusion, for  information  in the Official  Journal  of  the 

European Communities.  In so doing, the Commission  shall  respect  any  sensitive 

commercial  aspects  the contracting  entities may point  out when  forwarding  this 

information. 

1.  This Directive  shall not  apply to: 

Article 9 

(a) contracts which  the contracting  entities  listed  in Annex  I award  for the 

purchase of water; 

(b) contracts which  the contracting  entities  specified  in Annexes  II, III, IV and 

V award  for the supply  of energy  or of fuels  for the production  of energy. 

2.  The Council  shall  re-examine  the provisions  of paragraph  1 when  it has before 

it a report  from the Commission  together with appropriate proposals. 

Article  10 

This Directive  shall not apply  to contracts when  they are declared  to be  secret 

by the Member States, when  their execution must  be accompanied  by  special 

security measures  in accordance  with  the  laws, regulations  or  administrative 

provisions  in force  in the Member State  concerned  or when  the protection  of the 

basic  security  interests  of that  State so requires. 

- 27 -

31 

Article 11 

This Directive  shall not  apply  to contracts governed  by different  procedural 

rules and  awarded: 

1) pursuant  to an international  agreement  concluded  in conformity with  the Treaty 

between a Member State  and one or more  third  countries  and  covering  supplies 

or works  intended  for the  joint  implementation  or exploitation  of a project  by 

the signatory States; every  agreement  shall be communicated  to the Commission, 

which may consult  the Advisory Committee for Public Contracts  set up by 

Council Decision 71/306/EEC 

, as last amended by Decision  77/63/EEC 

or,  in the case of agreements governing  contracts awarded by  entities 

exercising an activity  defined  in Article  2(2)(d),  the Advisory Committee  on 

Telecommunications  Procurement  referred  to in Article 31; 

2) to undertakings  in a Member State or a third country  in pursuance  of an 

international  agreement  relating  to the stationing of troops; 

3) pursuant  to the particular procedure of an international  organization. 

(1) OJ No L 185, 16.8.1971, p. 15. 
(2) OJ No L  13, 15.1.1977, p. 15. 

-  28 -

3y 

Article  12 

1.  This Directive  shall  apply  to contracts whose estimated  value, net  of VAT,  is 

not  less than: 

(a) ECU 400 000 in the case of supply  contracts  awarded  by entities  exercising  an 

activity defined  in Article  2(2)(a),  (b) and (c); 

(b) ECU 600 000 in the case of supply  contracts  awarded  by entities  exercising  an 

activity  defined  in Article  2(2)(d); 

(c) ECU 5 000 000 in the case of works  contracts. 

2.  In. the case of supply  contracts  for  lease, rental  or hire-purchase,  the basis 

for calculating  the contract  value  shall be: 

(a) in the case of fixed-term  contracts, where  their  term  is twelve months  or 

less, the estimated  total value  for the contract's  duration,  or, where  their 

term exceeds twelve months, the contract's  total  value  including  the 

estimated  residual value; 

(b) in the case of contracts  for an  indefinite period  or  in cases where  there  is 

doubt  as to the duration  of the contracts,  the anticipated  total  instalments 

to be paid  in the first  four years. 

3.  Where a proposed  supply  contract  expressly  specifies  option  clauses,  the 

basis for calculating  the contract  value shall  be the highest  possible  total 

purchase,  lease, rental  or hire-purchase  permissible,  inclusive  of the option 

clauses. 

- 29 -

3s 

4.  In the case of a procurement  of supplies  over a given period  by means  of a 

series of contracts  to be awarded  to one or more  suppliers or of contracts  which 

are to be renewed,  the contract  value  shall be calculated  on the basis of: 

(a) the total value of contracts which had  similar  characteristics  awarded  over 

the previous  fiscal year or twelve months, adjusted where possible  for 

anticipated  changes  in quantity or value  over the subsequent  twelve months; 

(b) or the aggregate value  of contracts  to be awarded  during  the  twelve  months 

following  the first  award  or during the whole  term of the contract,  where 

this  is longer than  twelve months. 

5.  The basis for calculating  the value of a framework  agreement  shall  be  the 

estimated maximum  value of all  the contracts envisaged  for the period  in 

question. 

6.  The basis  for calculating  the value of a works  contract  for  the purposes  of 

paragraph  1 shall  be the total value of the work.  "Work" shall mean  the  building 

and engineering  activities  taken as a whole  that  are  intended  to fulfil  an 

economic  function by themselves. 

- 30 -

3é> 

In particular,  where  a supply or work  is the subject  of several  lots, the value 

of each  lot  shall be taken  into account  when  assessing  the value  referred  to in 

paragraph  1.  Where  the aggregate  value of the  lots equals or exceeds  the value 

laid down  in paragraph  1, that paragraph  shall  apply  to all  the  lots.  However, 

in the case of works  contracts,  contracting  entities may  derogate  from 

paragraph  1 in respect  of  lots whose  estimated  value net  of VAT  is  less than 

ECU  1 000 000, provided  that  the aggregate value of those  lots does not  exceed 

20% of the overall  value of  the lots. 

7.  For the purposes  of paragraph  1, contracting  entities  shall  include  in the 

estimated  value  of a works  contract  the value of any supplies  or  services 

necessary  for  the execution  of the contract  which  they make available  to the 

contractor. 

8.  The value  of supplies which  are not  necessary  for the execution  of a 

particular works  contract  may not  be added  to that  of the contract  with  the 

result  of avoiding  application  of this Directive  to the procurement  of  those 

supplies. 

9.  Contracting  entities may not  circumvent  this Directive  by  splitting  contracts 

or using  special  methods  of calculating  the value  of contracts. 

-  3^  -

39-

TITLE II 

TECHNICAL SPECIFICATIONS AND STANDARDS 

Article  13 

1.  Contracting entities shall  include  the technical  specifications in the 

general documents or the contract  documents  relating  to each contract. 

2.  The technical  specifications  shall be defined by reference  to European 

specifications where  these exist. 

3.  In the absence of European specifications, the technical  specifications 

should  as far as possible be defined  by reference  to other standards  having 

currency within the Community. 

4.  Contracting entities shall define such further requirements  as are necessary 

to complement  European  specifications or other standards.  In doing so, 

they shall prefer specifications that  indicate performance  requirements  rather 

than design or description  characteristics unless the contracting entity  has 

objective  reasons  for considering  that  such specifications are  inadequate  for the 

purposes of the contract. 

- 32 -

3 

5.  Technical  specifications which mention  goods  of a specific  make  or source  or 

of a particular  process, and which have  the effect  of favouring  or  eliminating 

certain undertakings,  shall not  be used  unless  such specifications are 

indispensable  for the subject  of  the contract.  In particular,  the  indication  of 

trade marks,  patents,  types,  or specific  origin  or production  shall  be 

prohibited;  however,  such  an indication  accompanied  by  the words  "or  equivalent" 

shall  be authorized  where  the subject  of the contract  cannot  otherwise  be 

described  by specifications which  are  sufficiently  precise  and  fully  intelligible 

to all  concerned. 

6.  Contracting  entities  may  derogate  from paragraph  2 if: 

(a)  it  Is technically  Impossible  to establish  satisfactorily the 

conformity of a product  with  these  European  specifications. 

(b) the application  of paragraph  2 would  prejudice  the application  of 

Council  Directive  86/361/EEC  of 24 July  1986 on the  initial  stage  of the 

mutual  recognition  of type approval  for telecommunications  terminal 

equipment 

, or of Council  Decision  87/95/EEC  of 22 December  1986 on 

standardization  in the  field  of  information  technology  and 

telecommunications 

(2) 
; 

(1) OJ  No L 217, 5.8.1986,  p. 21. 
(2) OJ  No L  36, 7.2.1987,  p. 31. 

- 33 

3<=? 

(c) in the context of adapting existing practice to take account of European 

specifications, use of these specifications would oblige the contracting 

entity to acquire supplies incompatible with equipment already in use or 

would entail disproportionate cost or disproportionate technical difficulty. 

Contracting entities which have recourse to this derogation 

shall do so only as part of a clearly defined and recorded strategy with <• 

view to a change-over to European specifications; 

(d) the relevant European specification is inappropriate for the particular 

application or does not take account of technical developments which have 

come about since its adoption.  Contracting entities which have recourse to 

this derogation shall inform the appropriate standardizing organization, or 

any other body empowered to review the European specification, of the reasons 

why they consider the European specification to be inappropriate and shall 

request its revision; 

(e) the project is of a genuinely innovative nature for which use of European 

specifications would not be appropriate. 

7.  Notices published pursuant to Article 16(1)(a) or Article 16(2)(a) shall 

indicate any recourse to the derogations referred to in paragraph 6. 

8.  This Article shall be without prejudice to compulsory technical rules insofar 

as these are compatible with Community law. 

- 34 

Article  14 

Mo 

1.  Contracting  entities  shall  make  available  on demand  to suppliers  or 

contractors  interested  in obtaining  a contract  the technical  specifications 

regularly  referred  to  in their  supply  or works  contracts  or  the  technical 

specifications which  they  intend  to apply  to  contracts  covered  by periodic 

information  notices within  the meaning  of Article  17. 

2.  Where  such  technical  specifications are based  on documents  available  to 

interested  suppliers  or contractors, a reference  to those  documents  shall be 

sufficient. 

TITLE  III 

PROCEDURES  FOR THE AWARD  OF  CONTRACTS 

Article  15 

1.  Contracting  entities  may  choose  any of  the procedures  described  in 

Article  1(6), provided,  subject  to paragraph  2, a call  for competition  has  been 

made  in accordance  with Article  16. 

- 35 -

u) 

2.  Contracting entities may use a procedure without prior call  for  competition 

in the following cases: 

(a)  in the absence of tenders or suitable tenders  in response to a procedure  with 

a prior call  for competition, provided  that  the original  contract  condition? 

have not been substantially  changed; 

(b) where a contract  is purely  for the purpose of research, experiment, study  or 

development  and not  for the purpose  of ensuring profit  or of  recovering 

research and development  costs; 

(c) when, for technical  or artistic  reasons, or for reasons  connected  with 

protection of exclusive  rights, the contract may be executed  only by a 

particular supplier or contractor; 

(d) insofar as is strictly necessary when, for reasons of extreme urgency  brought 

about by events unforeseeable  by the contracting entities, the time  limits 

laid down for open and  restricted  procedures cannot be adhered to; 

(e) in the case of supply  contracts  for additional  deliveries by the original 

supplier which are intended  either as a partial  replacement  of normal 

supplies or  installations  or as the extension of existing  supplies or 

installations, where a change of supplier would  oblige  the contracting  entity 

to acquire material having different  technical  characteristics which would 

result  in incompatibility or disproportionate  technical  difficulties  in 

operation  and maintenance; 

-  36 -

(f) for additional  works not  included  in the project  initially  awarded  or  in the 

contract  first  concluded  but  which  have,  through unforeseen  circumstances, 

become necessary  for the execution  of the contract,  on  condition  that  the 

award  is made  to the contractor  executing  the original  contract: 

- when  such additional  works  cannot  be technically  or economically  separated 

from  the main  contract  without  great  inconvenience  to the  contracting 

enti ties; 

- or when  such  additional  works, although  separable  from  the execution  of the 

original  contract,  are strictly  necessary  to its  later stages; 

(g) in  the case of works  contracts,  for new works  consisting  of  the  repetition  of 

similar works entrusted  to the contractor to which  the  same  contracting 

entities  awarded  an earlier  contract,  provided  that  such works  conform  to a 

basic  project  for which  a first  contract  was  awarded  after  a call  for 

competition.  As soon  as the  first  project  is put  up  for tender,  notice  must 

be j'.iven that  this procedure  might  be adopted  and  the  total  estimated  cost  of 

subsequent  works  shall  be  taken  into  consideration  by  the  contracting 

entities  when  they  apply  the provisions  of Article  12; 

(h) for supplies  quoted  and  purchased  on a commodity  market; 

(i) for contracts  to be awarded  on  the basis of a framework  agreement,  provided 

that  the  condition  referred  to  in Article  5(2) is  fulfilled; 

- 37 -

^3 

(j) for bargain purchases, where  it is possible  to procure  supplies  taking 

advantage  of a particularly  advantageous  opportunity  available  for a very 

short  space of  time  at  a price  considerably  lower than normal  markei prices; 

(k) for purchases  of goods under particularly  advantageous  conditions  either  from 

a supplier definitively  winding  up his business  activities  or from  the 

receivers  or  liquidators  of a bankruptcy,  an arrangement  with  creditors  or a 

similar procedure  under national  laws or regulations. 

Article  16 

1. A call  for competition  may be made: 

(a) by means  of a notice  drawn up  in accordance with Annex XII A, B or C, or 

(b) by means of a periodic  indicative  notice  drawn up  in accordance  with 

Annex XIV,  or 

(c) by means  of a notice on  the existence  of a qualification  system  drawn  up in 

accordance  with Annex XIII. 

- 38 -

2. When  a call  for competition  is made by means  of a periodic  indicative  notice: 

(a) the notice must  refer  specifically  to the supplies  or works which  will be  the 

subject  of the contract  to be  awarded; 

(b) the notice must  indicate  that  the  contract  will  be awarded  by restricted  or 

negotiated  procedure  without  further publication  of a notice  of a call  for 

competition  and  invite  interested  undertakings  to express  their  interest  in 

writing; 

(c) contracting  entities  shall  subsequently  invite  all  candidates  to  confirm 

their  interest  on the basis of detailed  information  on  the contract  concerned 

before beginning  the  selection  of tenderers  or participants  in negotiations. 

3.  When a call  for competition  is made by means  of a notice  on the existence  of 

a qualification  system,  tenderers  in a restricted  procedure  or participants  in a 

negotiated  procedure  shall  be  selected  from  the qualified  candidates  in 

accordance with  such  a system. 

4.  The notices  referred  to  in this Article  shall be published  in the  Official 

Journal  of the European  Communities. 

- 39 -

vs 

Article  17 

Contracting  entitles  shall  make  known, at least  once a year  ,  by 

1. 
means of a periodic  Indicative  notice: 

(a) in the case of supply  contracts, the total  of the contracts  for each  product 

area of which  the estimated  value, taking  into account  the provisions  of 

Article  12, is equal  to or greater  than ECU 750 000, and which  they  intend  t < 

award  over the following  twelve months; 

(b) in the case of works  contracts, the essential  characteristics  of the works 

contracts which the contracting entities  intend  to award, the estimated  value 

of which  is not  less than the threshold  laid down  in Article  12(1). 

2.  The notice  shall be drawn up  in accordance with Annex XIV  and published  in 

the Official  Journal of the European Communities. 

3.  Where the notice  Is used as a means of calling for competition In 
accordance with  Article  16(1 M b )t  It must  have been published not more  than 
12 months prior to the date on which the invitation referred to in Article 
16(2)(c)  Is sent. Moreover, the contracting entity  shall  meet  the deadlines 
• 
Jaid  down  In Ar11cIe ^UTTT: 

— 

4.  Contracting  entities may, in particular, publish periodic  indicative  notices 

relating  to major projects without  repeating  information previously  included  in a 

periodic  indicative notice, provided  it is clearly  stated  that  such notices  are 

additional notices. 

- 40 

Article  18 

VG 

1.  Contracting  entities which  have  awarded  a contract  shall  communicate  to the 

Commission,  within  two months  of  the award  of the contract  and under  conditions 

to be  laid down by  the Commission  in accordance with  the procedure  laid  down  in 

Article  32, the  results  of the awarding  procedure  by means  of a notice  drawn  up 

in accordance  with Annex  XV. 

2.  Information  provided  under Section  I of Annex XV  shall  be published  in the 

Official  Journal  of the European  Communities.  In this  connection  the  Commission 

shall  respect  any sensitive  commercial  aspects  the contracting  entities  may  point 

out  when  forwarding  this  information  in connection with points  6 and  9 of 

Annex XV. 

3.  Information  provided  under Section  II of Annex XV must  not  be published 

except,  in aggregated  form,  for statistical  purposes. 

Article  19 

1.  The  contracting  entities  must be  able  to supply proof  of the date of  dispatch 

of the notices  referred  to in Articles  15 to 18. 

- 41 -

V? 

2.  The notices shall be published  in full  in their original  language  in the 

Official  Journal  of the European Communities  and  in the TED data bank.  A  summary 

of the important  elements of each notice  shall be published  in the other  official 

languages of the Community,  the original  text alone being authentic. 

3.  The Office  for Official  Publications  of the European Communities  shall 

publish  the notices not  later than twelve days after their dispatch.  In 

exceptional  cases  it shall endeavour  to publish  the notice  referred  to in 

Article  16(1)(a) within  five days  in response  to a request by  the  contracting 

entity  and provided  the notice has been sent to the Office by electronic  mail, 

telex or telefax.  Each edition  of the Official  Journal  of the  European 

Communities which  contains one or more notices  shall reproduce  the model  notice 

or notices on which the published  notice or notices are based. 

4.  The cost of publication of the notices  in the Official  Journal  of the 

European Communities  shall be borne by the Communities. 

5.  Contracts  in respect  of which a notice  is published  in the Official  Journal 

of the European Communities pursuant  to Article  16(1) shall not be published  in 

any other way before  that notice has been dispatched  to the Office  for Official 

Publications of the European Communities.  Such publication shall not  contain 

information  other than that published  in the Official  Journal  of the  European 

Communi ties. 

- 42 

Article  20 

V8 

1.  In open procedures  the time  limit  for the  receipt  of  tenders  shall  be  fixed 

by contracting  entities  at not  less  than  52 days  from  the date  of dispatch  of the 

notice.  This  time  limit  may be  shortened  to 36 days where  contracting  entities 

have published  a notice  in accordance  with Article  17(1). 

2.  In restricted  procedures  and  in negotiated  procedures  with  a prior  call  for 

competition,  the following  arrangements  shall  apply: 

(a) the time  limit  for receipt  of requests  to participate,  in response  to a 

notice published  in accordance  with Article  16(1)(a) or in response  to an 

invitation  from a contracting  entity  in accordance  with Article  16(2)(c), 

shall, as a general  rule, be at  least  five weeks  from  the date of dispatch" of 

the notice  and  shall  in any case not  be  less than the time  limit  for 

publication  laid down  in Article  19(3) plus  10 days; 

(b) the time  limit  for receipt  of tenders may be  fixed by mutual  agreement 

between  the contracting  entity  and  the selected  candidates, provided  that  all 

tenderers  are given  equal  time to prepare  and  submit  tenders; 

- 43 -

V5 

(c) where  it is not possible  to reach agreement  on the time  limit  for the  receipt 

of tenders, the  contracting  entity  shall  fix a time  limit which  shall, as a 

general  rule, be at  least  three weeks and shall  in any case not be  less  than 

10 days  from  the date of  the  invitation  to tender;  the time allowed  shall  be 

sufficiently  long to take account  in particular  of the factors mentioned  in 

Article  22(3). 

Article 21 

In the contract  documents,  the contracting  entity may  ask the  tenderer  to 

indicate  in his  tender any  share of  the contract  he may  intend  to subcontract  to 

third parties. 

This  indication  shall be without  prejudice  to the question  of the principal 

contractor's  responsibility. 

Article  22 

1.  Provided  they have been  requested  in good  time, the contract  documents  and 

supporting documents must  be  sent  to the suppliers or contractors by the 

contracting  entities  as a general  rule within six days of  receipt  of the 

application. 

2.  Provided  it has been requested  in good  time, additional  information  relating 

to the contract  documents  shall  be supplied by the contracting  entities not  later 

than  six days before  the  final  date  fixed  for receipt  of tenders. 

- 44 -

s. 

3.  Where  tenders  require  the examination  of voluminous  documentation  such as 

lengthy  technical  specifications, a visit  to the site or an  on-the-spot 

inspection  of the documents  supporting  the contract  documents,  this  shall  be 

taken  into account  in fixing  the appropriate  time limits. 

4.  Contracting  entities  shall  invite  the selected  candidates  simultaneously  and 

in writing.  The  letter of invitation  shall be accompanied  by  the  contract 

documents  and  supporting documents.  It shall  include at  least  the  following 

information: 

(a) the address  from which  any  additional  documents  can be requested,  the  final 

date for such  requests  and  the amount  and methods  of payment  of any  sum  to be 

paid  for such documents; 

(b) the final  date  for receipt  of  tenders, the address  to which  they must  be sent 

and  the  language  or  languages  in which  they must  be drawn up; 

(c) a reference  to any tender notice  published; 

(d) an  indication  of any document  to be annexed; 

(e) the criteria  for the award  of the contract  if these are not  given  in the 

notice; 

(i) any other  special  condition  for participation  in the  contract. 

- 45 -

^ 

5. Requests  for participation  in contracts and  invitations  to tender must  be made 

by  the most  rapid means of communication possible.  When  requests  to 

participate  are made by telegram, telex, telefax, telephone or any  electronic 

means, they must be confirmed  by  letter dispatched  before  the expiry  of  the 

time  limit  referred  to in Article  20(1) or of the time  limits set by 

contracting entities pursuant  to Article  20(2). 

Article 23 

1.  The contracting  entity may  state  in the contract  documents, or be obliged  by 

a Member State so to do, the authority  or authorities  from which a tenderer may 

obtain  the appropriate  information  on the obligations  relating  to the  employment 

protection provisions  and  the working  conditions which are in force  in the Member 

State, region or  locality  in which  the works are to be executed  and which  shall 

be applicable  to the works carried  out on site during  the performance  of the 

contract. 

2.  A contracting  entity which  supplies  the information  referred  to in 

paragraph  1  shall request the tenderers or those participating  in the  contract 

procedure  to  indicate  that  they have taken account, when drawing up their  tender, 

of the obligations  relating to employment  protection provisions  and  the working 

conditions which are  in force  in the place where the work  is to be carried out. 

This shall be without prejudice  to the application  of the provisions of 

Article  27(5) concerning  the examination of abnormally  low tenders. 

- 46 

sz 

TITLE IV 

QUALIFICATION,  SELECTION  AND  AWARD 

Article  24 

1.  Contracting  entities  which  so wish may establish  and  operate a system of 

qualification of suppliers  or contractors. 

2.  The  system,  which may  involve  different  qualification  stages, shall  operate 

on the basis of objective  rules  and  criteria  to be established  by the  contracting 

entity.  The contracting  entity  shall  use European  standards  as a reference  where 

they  are appropriate.  These  rules  and  criteria may be updated  as  required. 

3.  The rules  and  criteria  for qualification shall be made  available  on  request 

to interested  suppliers  or contractors.  The updating  of these  criteria  and  rules 

shall  be communicated  to the  interested  suppliers  and  contractors.  Where  a 

contracting  entity  considers  that  the qualification  or certification  system  of 

certain  third  entities  or bodies meet  its requirements,  it shall  communicate  to 

interested  suppliers  and  contractors  the names of such  third  entities  or bodies. 

4.  Contracting  entities  shall  inform  applicants  of their decision  as to 

qualification  within  a reasonable  period.  If the decision  will  take  longer  than 

six months  from  the presentation  of an application,  the contracting  entity  shall 

inform  the applicant,  within  two months  of the application,  of  the  reasons 

justifying  a longer period  and  of the date by which  its application  will  be 

accepted  or  refused. 

- 47 

^J 

5.  In reaching  their decison  as to qualification or when  the criteria  and  rules 

are being updated,  contracting  entities may not: 

-  impose  conditions  of an administrative,  technical  or financial  nature  on  some 

suppliers  or contractors  that  are not  imposed  on others; 

- require tests or proof  that  duplicate  objective  evidence  already  available. 

6.  Applicants whose qualification  is refused  shall be  informed  of this  decision 

and the reasons  for refusal.  The reasons must  be based  on the criteria  for 

qualification  referred  to in paragraph 2. 

7.  A written  record  of qualified  suppliers  or contractors  shall  be kept,  and it 

may be divided  into categories  according  to the type of contract  for which the 

qualification  is valid. 

8.  Contracting  entities may bring  the qualification of a supplier or  contractor 

to an end only  for reasons based  on the criteria referred  to in paragraph  2.  The 

intention  to bring  qualification  to an end must  be notified  in writing  to the 

supplier or contractor beforehand,  together with  the reason or reasons  justifying 

the proposed  action. 

- 48 

r 
V 

9.  The qualification  system  shall be the subject  of a notice  drawn up in 

accordance with Annex XIII  and published  in the Official  Journal  of the  European 

Communities,  indicating  the purpose  of the qualification  system  and 

the availability  of  the rules  concerning  its operation.  Where  the  system  is of a 

duration greater  than three years, the notice  shall  be published  annually.  Where 

the system  is of a shorter duration,  an  initial notice  shall  suffice. 

Article  25 

1.  Contracting  entities  which  select  candidates to tender  in restricted 

procedures  or to participate  in negotiated  procedures  shall  do so according  to 

objective  criteria  and  rules which  they  lay down and which  they  shall  make 

available  to interested  suppliers  or contractors. 

2.  The criteria used may  include  the criteria for exclusion  specified  in 

Article  23 of Directive  71/305/EEC  and  in Article  20 of Directive  77/62/EEC. 

3.  The  criteria may be based  on the objective need  of the contracting  entity  to 

reduce  the number  of candidates  to a level which  is justified  by  the need  to 

balance  the particular  characteristics  of the contract  award  procedure  and  the 

resources  required  to complete  it.  The number  of candidates  selected  must, 

however,  take account  of the need  to ensure  adequate  competition. 

- 49 -

5  J-

Article 26 

Groupings  of suppliers  or contractors  shall be permitted  to tender or negotiate. 

The conversion  of such groupings  into a specific  legal  form  shall not  be required 

in order to submit  a tender or to negotiate, but  the grouping  selected  may be 

required  so to convert  itself  once  it has been awarded  the contract  where  such 

conversion  is necessary  for the proper performance  of the  contract. 

Article 27 

1.  The criteria on which  the contracting  entities  shall base  the award  of 

contracts  shall be: 

(a) the most  economically  advantageous  tender,  involving various  criteria 

depending on the contract  in question,  such as: delivery  or completion  date, 

running costs, cost-effectiveness, quality,  aesthetic  and  functional 

characteristics,  technical merit,  after-sales  service  and  technical 

assistance,  commitments  with  regard  to spare parts, security  of supplies  and 

price, or 

(b) the  lowest  price only. 

2.  In the case  referred  to  in paragraph  1(a), contracting  entities  shall  state 

in the contract  documents or  in the tender notice  all  the criteria  they  intend  to 

apply  to the award,  where possible  in descending  order of  importance. 

- 50 -

^ <r 

3.  Where  the criterion  for the award  of the contract  is that  of  the most 

economically advantageous  tender, contracting  entities may  take  account  of 

variants which are submitted  by a tenderer  and meet  the minimum  specifications 

required  by the  contracting  entities.  Contracting  entities  shall  state  in the 

contract  documents  the minimum  specifications to be respected  by the  variants 

and any specific  requirements  for their presentation.  Where variants  are not 

permitted,  they shall  so  indicate  in the contract  documents. 

4.  Contracting  authorities may not  reject  the presentation  of a variant  on the 

sole ground  that  it was drawn up on the basis of technical  specifications  defineo 

with reference  to European  specifications or to national  technical  specifications 

recognized  as complying with the essential  requirements  within  the meaning of 

Directive  89/106/EEC. 

5.  If, for a given  contract, tenders appear abnormally  low in relation  to the 

services, the contracting  entity  shall, before  it may  reject  those tenders, 

request  in writing  details  of the  constituent  elements of the  tender which it 

considers  relevant  and  shall  verify  those  constituent  elements  taking  account  of 

the explanations  received.  It may  set  a reasonable period  within  which  to reply. 

The  contracting  entity may  take  into consideration  explanations  which  are 

justified  on objective  grounds  relating  co the economy  of  the construction  or 

production  method, or the technical  solutions  chosen, or the  exceptionally 

favourable  conditions  available  to the  tenderer  for  the execution  of  the 

contract, or the originality  of the product  or the work  proposed  by  the  tenderer. 

- 51 -

^ 

Contracting  entities may  reject  tenders which are abnormally  low owing  to the 

receipt  of State aid only  if they have consulted  the tenderer and  if the  tenderer 

has not been able to show that  the aid  in question has been notified  to the 

Commission pursuant  to Article  93(3) of the Treaty or has  received  the 

Commission's  approval.  Contracting  entities which  reject  a tender under  these 

circumstances  shall  inform the Commission  thereof. 

Article 28 

1.  Article 27(1) shall not  apply where a Member State bases the award  of 

contracts on other criteria within  the framework  of rules  in force at the time of 

adoption of this Directive whose aim  is to give preference  to certain tenderers, 

provided  the rules  invoked  are compatible with the Treaty. 

2.  Without  prejudice  to paragraph  1. this Directive  shall not prevent, until 

31 December  1992,  the application  of national provisions  in force on the award  of 

supply  or works  contracts which have as their objective  the reduction of regional 

disparities  and  the promotion of job creation  in disadvantaged  regions or those 

suffering  from  industrial  decline, provided  that the provisions  concerned  are 

compatible with  the Treaty  and with the Community's  international  obligations. 

- 52 

A il  l c J 

sg 

1^.  This  article  shall  apply  to  tenders  from  third  countries  with  which  the 

Community  has  not  concluded  multIlateraIly  or  bilaterally,  an  agreement 

ensuring  comparable  and  effective  access  for  Community  undertakings  to  the 

markets  of  those  third  countries.  It  is without  prejudice  to  the 

obligations  of  the Community  or  Its Member  States  In respect  of  third 

countrles. 

2.  Any  tender  made  for  the  award  of  a supply  contract  may  be  rejected 

where  the  proportion  of  the  products  originating  in third 

countries  determined  in accordance  with  Council  Regulation  (EEC) No.  802/68 

of  27 June  1968 on  the  common  definition  of  the  concept  of  the origine  of 

goods<1>,  in the  total  value  of  the products  constituting  the  tender 

exceeds  50%. For  the purposes of  this Article,  software  used  in  the 

equipment  of  telecommunication  networks  shall  be  considered  as  products. 

3.  Subject  to paragraph  4, where  two or more  tenders  are  equivalent  in 

the  light  of  the award  criteria  defined  In Article  27, preference  shall  be 

given  to  the  tenders which  may  not  be  rejected  pursuant  to paragraph  2. 

The  prices  of 

tenders  shall  be  considered  equivalent  for  the 

purposes of  this Article,  if  the  price  difference  does  not  exceed  3%. 

jL  However,  a  tender  shall  not  be preferred  to another  pursuant  to 

paragraph  3 where  Its acceptance  would  oblige  the  contracting  entity  to 

acquire material  having  technical  characteristics  different  from  those  of 

ex 1sting materlal,  resulting  In  IncompatIblMty  or  technical  difficulties 

in operation  and maintenance,  or  disproportionate  costs. 

( M  OJ No L  148. 28. 6.1968,  p.  1 

- 53 -

5.  For  the  purposes,  In this Article, of_ determining  the  proportIon 

referred  to  in paragraph  2 of  products originating  In third  countries 

those  third  countries  to which  the  benefit  of  the provisions  of  this 

Directive  has been  extended  by  a Council  decision  in accordance  with 

paragraph  1 shall  not  be  taken  Into  account. 

6. The  Commission  shall  submit  an  annual  report  to  the  Council  (for  the 

first  time  in the  second  half  of  1991) on  progress made  In multilateral  or 

bilateral  negotiations  regarding  access  for  Community  undertakings  to  the 

markets of  third  countries  In the  fields  covered  by  this  Directive, on  any 

result  which  such  negotiations  may  have  achieved,  and  on  the  implementation 

In practice  of  all  the  agreements  which  have  been  concluded. 

The Council,  acting  by  a qualified majority  on  a proposal  from  the 

Commission,  may  amend  the provisions  of  this Article  in the  light  of  such 

developments. 

S3 

-  54 -

G O 

TITLE V 

FINAL PROVISIONS 

Article  30 

1.  The value  in national  currencies  of the thresholds  specified  in Article  12 

shall  in principle  be revised  every  two years with effect  from the date  provided 

for in Directive  77/62/EEC  as far as the thresholds  for supply  and  software 

service  contracts  are concerned  and  from  the date provided  for in 

Directive  71/305/EEC  as far as the thresholds  for works  contracts  are  concerned. 

The calculation  of such value  shall  be based  on the average  daily values  of  those 

currencies  expressed  in ECU over the 24 months  terminating  on the  last day of 

October preceding  the rev-ision with  effect  from  1 January.  The values  shall  be 

published  in the Official  Journal  of  the European Communities  at the beginning  of 

November. 

2.  The method  of  calculation  laid down  in paragraph  1 shall be examined  pursuant 

to the provisions  of Directive  77/62/EEC. 

Article 31 

I.  The Commission  shall  be assisted,  as regards procurement  by the  contracting 

entities  exercising  an activity  defined  in Article  2(2)(d), by a Committee  of 

anadvisory nature which  shall  be  the Advisory Committee  on  Telecommunications 

Procurement.  The Committee  shall be composed  of representatives of  the Member 

States and  chaired  by a representative of the Commission. 

-  55 -

SI 

2.  The Commission  shall  consult  this Committee on 

(a) amendments  to Annex X; 

(b) revision of  the currency values of the thresholds; 

(c) the rules concerning  contracts  awarded under  international  agreements; 

(d) the review of the application  of this Directive; 

(e) the procedures described  in Article  32(2) relating  to notices  and  statistical 

accounts. 

Article  32 

1.  Annexes  I to X shall be revised  in accordance with the procedure  laid down in 

paragraphs  3 to 7 with a view to ensuring  that  they  fulfil  the criteria of 

Article 2. 

2.  The conditions  for the presentation, dispatch, reception, translation, 

keeping and distribution  of the notices  referred  to in Articles  16, 17 and  18 and 

of the statistical  reports provided  for  in Article  34 shall be established,  for 

the purposes of  simplification,  in accordance with the procedure  laid down in 

paragraphs  3 to 7. 

3.  The  revised  Annexes  and  the conditions  referred  to in paragraphs  1 and  2 

shall be published  in the Official  Journal  of the European Communities. 

- 56 -

Gc 

4.  The Commission  shall be assisted  by the Advisory Committee  for Public 

Contracts  and,  in the case of  the revision  of Annex X, by  the Advisory  Committee 

on Telecommunications  Procurement  provided  for in Article  31 of  this Directive. 

5.  The Commission  representative  shall  submit  to the Committee  a draft  of  the 

decisions  to be taken.  The Committee  shall  deliver  its opinion on the  draft 

within  a time  limit which  the Chairman may  lay down according  to the urgency  of 

the matter, if necessary  by  taking a vote. 

6.  The opinion  shall  be  recorded  in the minutes; in addition, each Member  State 

shall have  the right  to ask for its position  to be recorded  in the minutes. 

7.  The Commission  shall  take the utmost  account  of the opinion delivered  by the 

Committee.  It shall  inform  the Committee  of the manner  in which  its opinion  has 

been taken  into account. 

Article  33 

1.  Contracting  entities  shall keep appropriate  information  on each  contract 

which  shall  be sufficient  to permit  them at  a later date  to justify  decisions 

taken  in connection with: 

(a) the qualification and  selection of  contractors  or suppliers  and  award  of 

contracts ; 

(b) recourse  to derogations  from  the use of European  specifications  in  accordance 

with Article  13(6); 

-  57 -

63 

(c) use of procedures without  prior call  for competition  in accordance  with 

Article  15(2); 

(d) non-application  of Titles  II, III and  IV in accordance with  the  derogations 

provided  for  in Title  1. 

2.  The  information  shall be kept  for at  least  4 years  from  the date of award  of 

the contract  so that  the contracting  entity will  be able, during  that  period,  to 

provide  the necessary  information  to the Commission  if it so requests. 

Article  34 

1.  The Member  States  shall  ensure  that  each year,  in accordance  with the 

arrangements  to be  laid  down under  the procedure provided  for  in Article  32(3) 

to  (7), the Commission  receives  a statistical  report  concerning  the total value, 

broken down by Member  State  and  each  category  of activity  to which Annexes  I to X 

refer, of the contracts  awarded  below  the thresholds  defined  in Article  12 which 

would,  if they were not below those  thresholds, be covered  by this Directive. 

2.  Arrangements  shall be fixed  in accordance  with the procedure  referred  to in 

Article  32 to ensure  that: 

(a) in the  interests  of administrative  simplification,  contracts  of  lesser value 

may be excluded,  provided  that  the usefulness  of the statistics  is not 

jeopardized; 

(b) the confidential  nature  of the  information provided  is  respected. 

-  58 -

6y 

Article 35 

1.  Article 2(2) of Directive 77/62/EEC is hereby replaced by the following: 

"2.  This Directive shall not apply to: 

(a) contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of 

Council Directive 90/.../EEC of 

on the procurement procedures of 

entities operating in the water, energy, transport and telecommunications 

sectors (+) or fulfilling the conditions in Article 6(2) of the said 

Direct ive; 

(b) supplies which are declared secret or when their delivery must be 

accompanied by special security measures in accordance with the laws, 

regulations or administrative provisions in force in the Member State 

concerned or when the protection of the basic interests of that State's 

security so requires. 

(•) OJ No L 

, p. 

2.  Article 3(4) and (5) of Directive 71/305/EEC is hereby replaced by the 

following: 

"4.  This Directive shall not apply to contracts awarded in the fields referred 

to in Articles 2, 7, 8 and 9 of Council Directive  .../.../EEC of 

on the 

procurement procedures of entities operating in the water, energy, transport and 

telecommunications sectors (•)  or fulfilling the conditions in Article 6(2) of 

the said Directive. 

(•)  OJ No L. . . , 

p. 

59 -

6S 

Article 36 

Not later than four years after the application of this Directive, the 

Commission, acting in close co-operation with the Advisory Committee for Public 

Contracts, shall review the manner in which this Directive has operated and its 

field of application and, if necessary, make further proposals to adapt it, in 

the light of developments concerning in particular progress in market opening and 

the level of competition.  In the case of entities exercising an activity defined 

in Article 2(2)(d), the Commission shall act in close co-operation with the 

Advisory Committee on Telecommunications Procurement. 

Article 37 

1.  Member States shall adopt the measures necessary to comply with this 

Directive by 1 July 1992.  They shall forthwith inform the Commission thereof. 

2.  Member States may stipulate that the measures referred to in paragraph 1 

shall apply only from 1 January 1993. 

Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be 

replaced by 1 January 1996.  As regards the Hellenic Republic and the 

Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 

- 60 -

3.  Council Recommendation 84/550/EEC of 12 November 1984 concerning the first 

phase of opening up access to public telecommunications contracts 

shall ceas? 

to have effect as from the date on which this Directive is applied by the Member 

States. 

€S 

Article 38 

Member States shall communicate to the Commission the text of the main provisions 

of national  law, whether laws, regulations or administrative provisions, which 

they adopt in the field governed by this Directive. 

Article 39 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 

The President 

(1) OJ No L 298, 16.11.1984, p. 51 

- 61 -

^ 

ANNEXES 

Annex  I 

Annex  II 

: Production,  transport  or distribution  of drinkin.ec 

water 

: Production, transport or distribution  of 

electricity 

Annex  III 

: Transport  or distribution  of gas  or  heat 

Annex  IV 

Exploration  for and  extraction of oil or  gas 

Annex  V 

Exploration  for and 'extraction of coal or  other 
solid  fuels 

Annex  VI 

ContractIng  e n t I t l es 

In  the  f i e ld  of  ralIway  s e r v i c es 

Annex  VII 

Contracting 
tramway, 

e n t i t l es 

f i e ld 
t r o l l e y,  bus  or  bus  s e r v i c es 

the 

In 

of 

urban 

r a i l w a y, 

Annex  VI I I 

Contracting  e n t i t l es 

In  the  f i e ld  of  a i r p o rt 

f a c i l i t i es 

Annex  IX 

Ar"-ex  X 

Annex  XI 

Contracting  e n t i t l es 
port  or  other 

terminal 

in 

the 

f i e ld  of  maritime  or 

Inland 

f a c i l i t i es 

t e l e c o m m u n i c a t i o ns  n e t w o r ks  or  p r o v i s i on 

t el  «communicate, on G  s e r v i c es 

O p e r at  Ion  of 
of 
L i st  ol'  D r o f t s s i o n al  a c t i v i t i es  as  s et  o ut 
g e n e r al 
w i t h in 

t he  E u r o p e an  C o m m u n i t i es 

i n d u s t r i al  c l a s s i f i c a t i on  of  e c o n o m ic 

in 

t he 

a c t i v i t i es 

Anrex  XI i 

:  A.  Open  p r o c e d u r es 

Annex  XI : I 

B.  Restricted  procedures 
C. Negotiated  procedures 
Notice  on  the  e x i s t e n ce  of  a  q u a l i f i c a t i on  system 

Annex  Xl\i 

:  P e r i o d ic 

i n f o r m a t i on  N o t i ce 

A.  F or  s u p p ly 

c o n t r a c ts 

B.  F or  w o r ks 

c o n t r a c ts 

Annex  XV 

Annex  XVI 

Notice  on  c o n t r a c ts 

a w a r d ed 

Amendments  of  the  European  Parliament  not  accepted  by 
the  Commission 

£8 

ANNEX  I 

Production, 

transport  or  distribution 

of  drinking  water 

Belgium 

Entity  set  up  pursuant 
Wallonne  érigeant  en  entreprise 
d'eau 
du  grand  transport 

le  service  du  ministère  de 

d'eau. 

to 

the  Décret  du  2  Juillet 

régionale 

Im  Région 
d'eduction 
la  région  charoé  de  la  production  et 

de  production  et 

1987  de 

Entity 
Constitution 

set  up  pursuant 

to 

the  Arrêté 

du  23  avril 

1986 

portant 

d'une  société  wallone  de  distribution 

d'eau. 

Entity  set  up  pursuant 
flamand  portant 
distribution 

d'eau. 

fixation 

to  the  Arrêté  du  17  Juillet 

1985  de 

des  status 

de 

la 

société 

l'Exécutif 
de 

flamande 

Entitles 
relative 

producing  or  distributing 
aux  Intercommunales  du  22  décembre  1986. 

water  and  set  up  pursuant 

to  the  Loi 

Entitles 
Communal. art. 

producing  or  distributing 

water  set  up  pursuant 

to 

the  Code 

147  bis, 

ter  et  ouater  sur 

les  régies  communales. 

Denmark 

Entitles 
paragraph  3  of  LovDevenctorirelsQ-om vanciforsvninQ m.v. af 4 juli 196*5 

producing  or  distributing 

In  Article 

referred 

water 

to 

3. 

Germany 

producing 

Entitles 
EIgenbetr/cfrsa'erordnungen 
(Kommunale  Eigenbetriebe). 

or 

distributing 

water 
fiigenbetriebsgesetze 

or 

pursuant 
to 
of  the  Lffnder. 

the 

(ANNEX  I) 

-  1 

-

<s°> 

Entitles 
die  Kommunale  Gemclnschaftsorbclt 

producing  or  distributing 

water  pursuant 
Oder  Zusammenarbelt 

to 

the  Gesetze  Ober 
of  the 

Lender. 

producing 

Entitles 
Bodcnvcrbënde  vo»  TO.  Februar  7937  and 
Wasser-  und  Bodenverb&nde  vo» 3.  September 

pursuant 

water 

to 

the  Cesetz 

erste 

the 
1937. 

uber  Wasser-  und 
Qber 

Verordnung 

(Reglebetrtebe) 
fommunalgesetze and net ably with  the Gemeindrorthungen der Lander. 

distributing 

producing 

pursuant 

water 

or 

to 

the 

Entitles 
gciindcrt 
15.  Mal  1986  or  having 
producing  or  distributing 
or 

regional 

1965  zuletzt 
set  up .pursuant 
19.  Dezember  1985  or  GmbH-Gcsetz  vom  20.  Mal  7a98zulstzt  saândért. 
of  a 

KommandltoeselIschaft. 

vom  6.  September 

the  Aktlengesetz 

status 

legal 

the 

to 

water  on  the  basis  of  a special contract  vith 

local 

authorities. 

Greece 

The  Water  Company  of  Athens  / 
set  up  pursuant 

to  the 

law  1068/80  of  23  August  7960. 

ETCH pi o Y6peùocMÇ-  A W O X C T C Û O E WÇ  npMTçuoùonç, 

The  Water  Company  of  Salonlca/  Opvoviopoc YôpcOoewe, BeooaXoviKnç 
operating 

to  the  presidential 

pursuant 

61/1988. 

decree 

The  Wcter  Company  of  Volos 
pursuant  to  the 
operating 

I  ETOtpîa  Y6pe6oeuç  BOXou 

law 

890/1979. 

Municipal  Companies  /  An,uQTtKfcç EmxctPQOeiç, 66peuon.Ç~c*oxfcTcuonç 
producing  or  distributing 
of  23  August  1980. 

water  and  set  up  pursuant 

to  the 

law 

1069/80 

local 
Associations 
pursuant 
to  the  Code  of 
implemented  by  Presidential 

of 

authorities 

Clûvôeopot  'Y6peuon1ç> 

operating 

local 

authorities 

QCW6IKQÇ,  Ltyjuv  KQI  KotvoTnTwv) 

Decree 

76/1985. 

(ANNEX i) 

-  ? 

=?o 

Spain 

Entities producing or distributing vater pursuant to the Ley No 7/1983 
de 2 Abril de 1983 Reguladora de las Bases del Regimen local and to the 
Decreto Real No 781/1986 Texto Rofundido Regimen local. 

Canal de Isabel II.  Ley de la Comunidad Aut6noma de Madrid 
de 20 de diciembre de 198**. 

Mancomunidad de los Canales del Taibilla, Ley de 27 de 
abril de 19*»6. 

France 

Entitles 

producing 

or  distributing 

water  pursuant 

to 

the: 

Dispositions 
L  328-8.  R  323-1  A  R 323-6  (Dispositions 

Générales 

sur 

les 

régies 

Code  des  Communes  L  323-1 
régies). 
générales 

sur 

tes 

à 

Code  des  Communes L  323-8  R  323-4 

(Régies 

directes 

(ou  de  fait); 

or 

Décret-lot 
17  février 
132  (Régies  A  simple  autonomie 

du  28  décembre  1926.  Règlement  d'Administration 
1930.  Code  des  Communes  L  323-10 

du 
è  L  323-13  R  323-75  A  323-
or 

financière); 

publique 

Code  des  Communes  L  323-9. 
7 959 
(Régies  A  personnel 

I té  morale  et  è  autonomie 

financière); 

or 

R  323-7 

è  R  323-74. 

Décret 

du  79  octobre 

Code  des  Communes  L  324-1  A  L  324-6. 
or 
déléguée, 

et  affermage): 

concession 

R  324-1  A  R  324-13 

(Gest 

Ion 

Jurisprudence 
(gérance); 

or 

administrative, 

circulaire 

Intérieur 

du  13  décembre 

1975 

Code  des  Communes  R  324-6. 
(Régie 

Intéressée); 

or 

Circulaire 

Intérieur 

du  13  décembre 

1975 

Circulaire 
périls); 

or 

Intérieur 

du  13  décembre 

1975 

(Exploitation 

aux 

rtSQues 

et 

Décret 
d'économie  mixte 

du  20  mal 

1955. 
(participation 

loi 

du  7  Juillet 
A  une  société 

1983 

sur 
d'économie  mixte); 

les 

sociétés 
or 

(ÀU11EX  i) 

-  3 

-

Il 

(dispositions 

Code  des  Communes L  322-1  A  L  322-6.  R  322-7  é  R  322-4 
communes,  aux  régies, 

affermages). 

concessions 

et 

Ireland 

Entitles 
Government 

producing 

water  pursuant 
( S a n i t a ry  S e r v i c e s)  Act  1878  to  1964.. 

or  distributing 

to  The  L o c al 

Italy 

producing 

Entitles 
del  le 
comunl  e  dette  province 
the  Dccreto 
257B  and  to 

leggl 

sut  I'assunzlone 

dlretta 

water  pursuant 
del  pubbllet 
con  Reglo  Décreto 

to 
servlzl 

the  Teato  Un too 
del 
n. 

da  parte 

1925. 

15  ottobre 

apprpvato 
del  P.R.  n'  902  del  4  ottobre 

1986. 

or  distributing 

Ente  Autonomo  Acgucdotto 
79T9. n' 2060. 
Ente 
Acguedottl 
4  settembre 
Ente  Sardo  Acouedottl 
1963  n' 

9. 

Pugflese 

set  up  pursuant 

to  RDL  79  ottofere 

pursuant 
1979.  n'  2/2e  9  agosto  1980.  n'  81. 

Sicilian/ 

set 

up 

to 

legal 

regional 

I 

e  Fognature 

set  up  pursuant 

to 

Icooe  S 

tuglto 

Luxembourg 

Local  authorities 

distributing 

water. 

local 

Associations 
up  pursuant 
syndicats 
Loi  du  23  décembre  1958  et  par 

de  communes  telle 

of 
to 

authorities 

the  Loi  du  14  février 

producing 

or  distributing 

water 

1900  concernant 

la  création 

qu'elle 

a  été  modifiée 
la  Loi  du  29  Juillet 

et  complétée 
1961  and 

par 
pursuant 

set 
des 
la 

(ANNEX I) 

- 

t)  -

3<L 

1962  ayant 

pour  objet 

le 

renforcement 

de 

du  GRAND DUCHE  DU  LUXEMBOURG  à  partir 

du 

to 
l'ai 
réservoir 

the  Lot  du  31  Juillet 
I ment at  Ion  en  eau  potable 

d'ESCH-SUR-SURE. 

Netherlands 

producing 

Entitles 
Waterleldingwet 
1967. 
1984.  29  Januart 

10  September 

van  6  aprtl 
1975. 

1986. 

or 

distributing 

water 

pursuant 

to 

1957  amended  by 

23  Junl  1976. 

30  September 

the  Wet ten  van  30 
1981. 

25 

the 
Junt 
Januart 

Portugal 

Empresa  Pubtlca 
pursuant 

das  Agues  Livres 
the  Decreto  Let  190/81. 

to 

producing 

or 

distributing 

water 

04.07.1981. 

Local  authorities 

producing 

or  distributing 

water 

United  Kingdom 

pursuant 

to 

the  Water  Acts  1945.  c.nà 19C9. 

Water 

companies 

producing 

or 

distributing 

water 

The  Central 
water  author 
(Scotland) 

Act 

1980. 

Scotland  Water  Development  Board  producing  water 
to 
It  les  producing 

water  pursuant 

or  distributing 

and 

the 
the  Water 

The  Department 
producing 
(Northern 

the  Environment 
and  dlstrI  butIng  water 
Order 
Ireland) 

1973 

of 

for  Northern 
to 
pursuant 

Ireland 
the  Water 

responsible 
and 

for 
Sewerage 

(ANNEX  1) 

-  5 -

ANNEX II 

Ij, 

Production, 

transport  or  distribution 

of 

electricity 

Belgium 

Entitles 
to  Article 
10  mars  1925  sur 

producing, 

transporting 
5  :  Des  régies  communales et 

or  distributing 

electricity 
Intercommunales  of 

pursuant 
the  Loi  du 

les  Distributions 

d'Energie 

Electrique. 

Entitles 
relative 

transporting 
or  distributing 
aux  Intercommunales  du  22  décembre  1986. 

electricity 

pursuant 

to 

the 

tot 

EBES.  I NT EROOM. UNERG  and  other  entitles 
distributing 
pursuant 
the  toi  du  10  mars  1925  sur  tes  Distributions 

a  concession 
8  les  concessions  communales  et 

and  granted 

to  Article 

electricity 

d'Energie 

for 

distribution 
Intercommunales  of 
Electrique. 

producing, 

transporting 

or 

The  Société  Publique  de  production  d'Electricité 

(SPE). 

Denmark 

Entitles 
Itcence  pursuant 
elforsynlng. 
Jf. 
etforsyntngslovens 

producing  or 

transporting 

electricity 

to  §  3.  Stk  1  of  the  Lev  nr.  54  af  25, 

on 

the  basts  of 

a 
februar  7976 o* 
17.december  7976  om 

Bekendtgerelse 
anvendetsesomrade. 

nr.  607  af 

distributing 

electricity 
februar  1976  om elforsynlng. 

Entitles 
nr.  54  af  25. 
17.december  1976  om  etforsyntngslovens 
basts  of  author  I s at Ions  for  expropriation 
of  the  Lov  am electrlske 
af  28.  december  1977. 

sterkstramsanlajg. 

as  defined 

In  §  3.  stk  2  of 

the  Lov 
Jf.  Bekendtgmretse  nr  607  af 
the 
to  art  let  ma  10 to 75 
Jf  Lovbekendtemrelae  nr,  669 

anvendetsesomrade  mod  on 
pursuant 

II) 

- 1 -

?y 

Germany 

producing, 

transporting 

the  Gesetz 

§  2 A°s 20f* 

Entities 
jn 
vo« 73.72.7935.  Last modified  by the GesetB vom 
(Enerclewlrtscheftsoesetz) 
19.12.1977, and auto-production of electricity so far as this is covered by 
the field of application of the directU/C pursuant to Article  2,  paragraph 5. 
Greece 

or  distributing 
Fbrderung 

electricity 
der 

Energlewlrtschaft 

defined 

zur 

as 

• 

to  the 

The  Agoc-io Emycipncn HXpcrpicucO 
pursuant 
HXcKTpiopoQ 
TpôTioç  6 i o i K n o nç  KOI  XCITOUPYJOC:  THÇ  KOIvujviKOTioinu^vnc 
HXCKTptopoû. 

up 
lew  1468  of  2  August  7950 ncpi tcpjoojç Anuooiaç EmxEtprpo*; 
the 
and  operating 

Aoun, pôXoç  xat 
flnuôoioç  E m x e i p n o o c, 

Corporation) 

tew  57/85 

pursuant 

(Public 

Power 

set 

to 

Spain 

Entities producing, transporting or distributing electricity pursuant to Article 1 
of the Decreto de 12 de marzo de 195^ approving the Reglamento de verificaciones 
eléctricas y regularidad en el suministro de energfa and pursuant to Decreto 2617/1966, 
de 20 de octubre, sobre autorizacion administrât!va en materia de instalaclones eléctricas. 

Red Eléctrica de Espana, S.A., set up pursuant to Real Decreto 91/1985, de 23 de enero. 

Fronce 

Electricité 
du  8  avril  7946  sur 

de  France,  set  up  and  operating 

pursuant 
I sat  ton  de  t'Electricité 

to 

the 
tot 
et  du  Gaz. 

46/6288 

la  nattonal 

(sociétés 
to 

Entitles 
and  referred 
portant  modification 
du  21  octobre 

d'économie  mixte  or  régies) 
23  of 

the 
tots  n'  46/6288  du  8  avril 

In  article 
des 

distributing 

tot  48/1260  du  12  août 

1946  et  N' 

electricity 
1948 
46/2298 

1946  sur 

la  Natlongt 

fsat  ton  de  t'Electricité 

et  du  gaz 

. 

(ANNEX  II) 

?r 

Compagnie Nat tonale  du Rhône 

Ireland 

The  Electricity 
Electricity 

Supply  Act  1927. 

Supply  Board  (ESB)  set  up  and  operating  pursuant 

to 

the 

Ente  Nazionale 
legge 
elettrtca 
n'  1643.  6  dtcembre  1962  approvato  con  Decreto  n'  1720.  21  dlcembre 
1965 

set  up  pursuant 

l'Energie 

per 

to 

Entitles 
operating  on  the  basts  of  a  concession  pursuant 
n.  5  or  8  of  Legge  6  dtcembre  1962.  n.  1643  -  1st It  uz I one  del 
n&zionalc  per 
elettrtca 
taprese  esercentI 

4, 
l'Ente 
ad  esso  del  te 

trasferlmento 

la  energla 

to  article 

elettrlche. 

Industrie 

le 

e 

Entitles  operating  on  the  basis  of  concession  pursuant 
Decreto  del  Présidente 
Integrative 
delta 
coordlnamento  e  at  I'eserclzto 
entl  ed  laprese  diverse  dell'Ente  Naztonale  per 

20  of 
delta  RepubblIca  18  marzo  1965.  n.  342  norme 
at 
da 

legge  6  dlclembre  1962.  n.  1643  e  norme  relative 
esercltate 

dette  attlvltA 

to  article 

elettrlche 

Elettrtca. 

I'Energla 

Luxembourg 

Compagnie  grande-ducale 
distributing 
concernant 
distribut 
approuvée  par 

pursuant 
et 
électrique 
la  fol  du  4  Janvier 

electricity 
l'étabtIssèment 

Ion  d'énergie 

de  Luxembourg  producing 

or 
to  the  Convention  du  11  novembre  1927 
de 
le  Grand-Duché  du  Luxembourg 

réseaux 

des 

Ion 

l'exploitât 
dans 
1928. 

d'électricité 

(ANNEX  II) 

• 

3 

^6 

(E.P.O.N.) 
(U.N.A.) 

produktte  maatschapplj  Oost-Nederland 

Utrecht-Noord-Ho  11 and-Amsterdam 
Zutd-Hotland 

(E.Z.N.) 

Etectrlcltelts 
Ilcctrlctteltsbcdrljf 
ElectrlclteltsbedrlJf 
ElektrlctteltsprodukttemaatschapptJ 
Provinciate 
Sgmenwerkende  ElektrIcttclts. 

'/ccuvso Energie Woatschappij (P.Z.E.WJ 

. 

,bedrlJven 

(S.E.P.). 

Zuld-Nederland 

(E.P.Z.) 

distributing 

Entitles 
(Vergunnfng)  granted  by 
Provfnclcwct 

electricity 

on 

the 

basis 

the  provincial 

authorities 

of 

a 
pursuant 

I IcetKX 
the 
to 

Portugal 

Electrlcfdade 
502/76  do  30  Junho  1976 

de  Portugal 

(EDP)  set  up  pursuant 

to 

the  Decreto  Let  n. 

pursuant 

electricity 

to  Art/go 

dlstrlbutIng 

de  27* de Marco 1988. 

1'  Decreto  Let 
Entitles 
n'  344-8/82  de  1  de  Setembro  1982  amended by  Decreto  Lei  n'  297/86  de 
79  de  Setembro  1986.  //Entities producing  electricity  pursuant  to uscreto 
lei  139/88 
Indépendant producers of elecrticity  pursuant  to Decreto Lei  189 de 27 de 
Ma io 1988 
Empresa de Electricidade  dos Açores - EDA,, EP created  pursuant  to the  Decreto 
Regional  16/80 de 21 de Agosto  1980 
Errpresa de Electricidade da Madeira, EP created  pursuant  to the'Decreto Lei 
12/74 _de 17 de Janeiro  1974 and  regionalized  pursuant  to the  Decreto Lei  31/79 de 24 
de  Fevê77iro 1979 and  Decreto Lei  91/79 de 19 de  Abril 1979. 

(ANNEX  II) 

-  4  -

United  Kingdom 

^ 

Central  Electricity  Generating Board (CEG8). and the  Areas  Electricity 
electricity  pursuant to 
Boards producing,  transporting  or  distributing 
the 
Act  1947  and  the 
Electricity  Act  1957 

Electricity 

1 

: 

the  North  of  Scot tend Hydro-Electrlclty  Board (HSHB) producing, tpapsporting 
and distributing  elpctricitv 
Act  1979. 

pursuant to the Electricity-(ScotUnd) 

= 

: 

the  South  of  Scotland  Electricity  Board (SSEB) producing^ transporting and 
distributing  electricty  pursuant to the Electricity  (Scotland) Act 1979 

the  Northern  Ireland  Electricity  Service  (NIES) set  up pursuant  to  the 
Electricity  Supply (Northern  Ireland)  Order 4972 

(ANNEX II) 

- 5 -

ANNEX  III 

•?<? 

Transport  or  distribution 

of  gas  or  heat 

Belgium 

Dfstrlgaz  S.A.  operating  pursuant 

to  the  Loi  du  29  Juillet 

1983. 

transportIng 

Entitles 
concession  pursuant 
1987. 
du  28  Juillet 

gas  on 

the  basis 

to  the  Lot  du  12  avril 

of 

an  authorisation 
or 
1965  as  amended by  the  Lot 

Entitles 
gas  and  operating 
aux  Intercommunales  du  22  décembre  1986. 

distributing 

pursuant 

to 

the 

lot 

relative 

Local  authorities,  or  associations  of  these local authorities  supplying heat 
to the public. 
Denagrk 

Dansk  Pile  og  Naturgas  A/S  operating  on  the  basis  of  an  exclusive 
granted  pursuant 
eneretsbevtI 
ting 
naturgas. 

to  Bekendtagarelse 

nr  869  af 

forhandlIng. 

18.  Junl 

tndfarsel. 

transport 

til 

og  oplagrlng 

right 
1979  om 
af 

Entitles 
forsynfng 

operatIng  pursuant 

to 

lov  nr  294  af  7.  Junl,  1972 o»  naturgas-

dlstr 

Entitles 
to  chapter 
29  iuni  1983, 

l but Ing  gas  or  heat  on  the  basts  of  an  approval  pursuant 
nr 330 af 

lov  o»  varmeforsynlng  Jf. 

lovbekendtgeretse 

IV  of 

transportIng 

Entitles 
Bckendtgorclsc  nr.  141  af  73.  marts  1974  o«  roerledntngsanlaeg 
konttnentalsokkelomréde 
pipelines  onthe  continental  shelfc  for  the  transport  of  hydrocarbons) 

gas  on  the  basis  of  an  authorisation 

to 
pâ  dansk 
ton  of 

af  kulbrInter 

transport 

pursuant 

(Instaltat 

tit 

(J\I:UEX  nu 

- 

l 

-

Germany 

9s> 

Entitles 
Gesetz 
(Energirwirtschaftsgesctz),. 

transporting  or  distributing 

gas as  defined 

zur  Fôrderung  der  Energfewlrtscha*t 

voi  ?3 .  Dezember 

In  i  2 Abs  2Qf  the 
1935 

amended by the Law ot IV.I^.'IV//. ~~ 

• 

Local  author/ties. 
supplying heat to the public. 

or  associations  of 

these  local  authorities 

g^  i-g^. 

: 

Greece 

transporting 
2583/1987 

DEP_ 
decision 
OXCT.KILV  uc  TO tpuoiKÔ  acpio.^  EOaracrri  TnQ  AEIIA  A . E. 
(Anii6ria  ETC LYE £ on cm  AepCou,  AVOYVUUOC  E T a i D i a)  . 

or  distributing 

gas  pursuant, 

to 

(Avo6con  QTn  6nuôoio  EniXcîpnon  OcTpcXoiou  OPUOOIOTHTUV 

the 

Ministerial 

Athens  Municipal  Gasworks  S.A.  DEFA  transporting 

or  distributing 

gas 

Spain 

Entitles 

operating  pursuant 

to  Lew n.  10  of  75  June 1987. 

Frgr>ce 

Société  nationale  des gaz du Sud  ouest 

transporting 

gas. 

Gaz  de  France,  set  up and  operating 
avril 

1946  sur  la  nat tonal  Isat  Ion  de  I ' Electricité 

pursuant 

to  the  lot  46/6288  du 8 

et  du  Gaz. 

(sociétés 

Entitles 
and  referred 
portant  modification  des  lots  n.  46/6288  du 8  avril 
du  21  octobre 

electricity 
distributing 
23  of  the  tot  46/1260  du  12  août  1948 
1946  et  n.  46/2298 

1946  sur  le  Nat tonal  Isat  Ion  de  l'Electricité 

d'économie  mixte  or  régies) 

to  In  article 

et  du gaz. 

(ANNEX  III) 

- 2 -

tf  o 

Compagnie Française  du  Méthane  transporting 

gas. 

Local  authorities. 

or  associations  of. 

supplying  heat 

to  the 

public. 

Ireland 

Irish  Gas  Board  and operating pursuant  to the 6as Act  1976 to 1987 and  other 
entities governed  by Statute. 

Dublin  Corporation  supplying  heat  to  the  pub I  le. 

Italy 

SNAM  and  SGMc  Montedison  transporting 

gas. 

distributing 

Entitles 
sulI'assunzlone 
del  le  province  approvato  con  Reglo  Decreto  15  ottobre 
to  the  Decreto  del  P.R.  n.  902  del  4  ottobre 

gas  pursuant 

del  pubblfcl 

servlzl 

dlretta 

1986. 

the  Testo  Untco  del  le 

leggl 
da  parte  del  comuni  e 
1925.  n.  2576  and 

to 

distributing 

10  of 
legge  29  magglo  1982.  n.308  norme  sul  contenlmento  del  consumf 
II 
divers! 

at  I ment ate  con  combustIbl11 

dette 
I  elettrlche 

to  the  public 

to  svttuppo 

rtnnovabl11 

dl  centrât 

in  article 

energla. 

referred 

font  I 

heat 

dt 

to 

Entitles 
the 
energetlcl. 
I'eserclz/o 
dagll 

Idrocarburl 

Local  author  It  les. 

or  associations  of. 

supplying  heat 

to  the 

public. 

Luxembourg 

Société  de  Transport  de  Gaz  SOTEG S.A. 

'(/-jNri'x  I I: : 

-  3 

3") 

G&swlerk  Esch-Ucliecht 

S.A. 

Service 

Industriel 

de  la  Commune  de  Dudelange. 

Service 

Industriel 

de  la  Commune  de  Luxembourg. 

Local  authorities, 

or  associations 

of 

these 

l o c al  a u t h o r i t i es 

supplying  heat 

to  the  p u b l i c. 

h'.ther  I onds 

n . v.  uec'erlandse  Gasunie 
Entitles 
transporting 
(vergunning)  granted 
Gemcentcwet 
Local  or  provincial 
public 

pursuant 

to 

or  dlstributIng 
the 
by 

local 

gas  on  the  basts  of  m  l i c e n ce 

authorities 

pursuant 

to 

the 

e n t i t i es 

transporting 

or  distributing 

gas 

to 

the 

the  Gemeentewet  and  tne  ProvincCewet. 

Local  authorities, 
heat 

to  the  p u b l i c. 

Portugal 

or  associations 

of 

these 

l o c al  a u t h o r i t i es  s u p p l y i ng 

Pc t roguJTii ca e Gas ce Portugal  EP 
346-A/S8 ce 29" Set€rr;bro de  1988. 

United  kingdom 

Decreto Lei 

British 
1966. 

Gas  PLC  and  other  entitles 

operating 

pursuant 

to 

the  Gas  Act 

Local  author  It  les  .  or  associât 
pursuant  to the Local Government  (Miscellaneous Provisions) Act 1976. 

supplying 

Ions  of. 

public* 

heat 

the 

to 

Electricity  Ecards distributing  heat pursuant  to the  Electricity  Act  1947 

(ANNEX  III) 

-  M 

ANNEX IV  Zz. 

Exploration 

for  and  extraction 

of  oil  or  gas 

granted  an  authorisation, 

permit, 
and  gas  pursuant 

licence 
to 

the 

or  concession 
following 

to 
legal 

for  or  extract 

oil 

The  entitles 
explore 
provisions: 

Belgium  , 

ion  et 

l'Arrêté 

par 
l'exploitation 

Lot  du  1  mal  7939  complétée 
7939  sur 
l'explorât 
Arrêté  royal  du  15  novembre  7979 
Arrêté  royal  du  7  avril 
Arrêté  royal  du  15  mars  1960  Lot  au  sujet  de  la  plateforme 
du 75  Juin  1969 
Arrêté  de  l'Exécutif 
Arrêté  de  l'Exécutif 

régional  wallon  du  29  septembre 
flamand  du  30  mal  1984. 

du  pétrole 

1953 

1982. 

royal  n'  63  du  28  novembre 
et  du  gaz 

continentale 

Denmark 

lov  nr.  293  af  10.  Junl  1981  om anvendelse 

af  Danmarks  undergrund 

lov  oa  kontfntalsokten 

.  Jf. 

lovbekendtgerelse 

nr.  182  af  1.  maj 7979. 

Geraany 

Bundesbergesetz 

vom  13.  August  1980  z u l e t zt  c^cncic-rc  LU,  12-02-1990. 

(ANNEX 

IV) 

^3 

Greece 

law  87/1975 

setting 

up  DEP-EKY  Ocp»  «6pûocnç flnuoQ'QC S«txe«PHOCMC 

Spain 

Ley  sobre 
and  Its  Implementing  decrees.  _ 

Invest  Igacton'  y  Exptotaclôn 

de  Ntdrocarburo 

de  27  Junto  1974 

France 

code  mrrrrer  (décret  n  56.838  du  16  août  7956)  amended  by  the  Lot  56-
1958. 
1327  du  29  décembre  1956.  Ordonnance  58-1186  du  10  décembre 
Décret  60-800  du  2  août  1960. 

. 

,  £o/  77-620  du  76  Juin  1977.  Décret  80-204  du  11  mars 

1980 

Ireland 
fcntinental Shelf  Act 1960. 
Peiroleum  and  Other  Minerals  Development  Act  1960 
Ireland  Exclusive 
licensing 
Revised 

Itcenstng 
terms  1987. 

terms  1975 

Petroleum  (Production) Act  (NI) 1964. 

ftsty 

Law No.  136  of  10  February  1953 
Law Ho.  6  of  11  January  7957  amended  by  Law No.  613  of  21  July  1967 

Luxembourg 

(ANNEX IV) 

-  2 -

Nether 

lands 

MlIrwet  No.  285  van  21  aprtt 
Wet  Opsporlng  delfstoffen 
Ml fnwet  conttnentaatplat 

1810 

n.  258  van  3  met  1967 
1965.  n.  428  van  23  septembre 

7? y 

1965. 

Portuggl 

Decreto Lei n° 543/74 de 16 de Outobro 1974, n° 168/77 de 23 de Abril 1977, 
n"Tr~266/80 de 7 Agosto 1980, n" 174/85 de 21 de Maio 1985 
22 de 15 de Marco de 1979. 
Decreto Lei n°47973 de 30 de Setembro de 1967, n° 49369 de 11 de Novembro de 
1969, n" 97/71 de 24 de Marco de 1971, n° 96/74 dë~13 de Marco de 1974, n" 
"266/80 de 7 de Agosto 1980, n" 2/81 de 7 de Janeiro 1981 
"22 de Junho 1982. 

n°245/82 de 

Despacho  f? 

United  Kingdom 

(Product  Ion)  Act  1934  as  extended  bv  the 

Petroleum 
Continental 
Petroleum (Production) Act  (Northern Ireland) 1964. 

Shelf  Act 

1964. 

U N N EX  IV) 

- 3 -

ÏS 

ANNEX  V 

Exploration 

for  and  extraction 

of  coal  or  other 

solid 

fuels 

Belgium 

Entitles 
the  Arrêté  du  Régent  du  22  août  1948  and  the  Loi  du  22  avril 

coal  or  other 

or  extracting 

exploring 

solid 

fuels  pursuant 

to 

I960.  -

Denmark 

Entitles 
the 

exploring 

solid 
lov  bevendtgdrelse  n r.  531  af  10  October  1984. 

coal  or  other 

or  extracting 

fuels 

pursuant 

to 

Germany 

Entitles 
the  Bundesberggesetz 

exploring 

Greece 

or  extract 

to 
vom  13  August  7980.  as  l a sx  amended  on  12.02.1990, 

Ing  coal  or  other 

pursuant 

solid 

fuels 

Public  Power  Corporation 
coal  or  other 
amended  by  the 

solid 
to 
law  of  27  April  1976.  Anpcoia fruxEiprpr) Hkoapicypu 

the  Mining 

pursuant 

fuels 

code  of  1973  as 

e x p l o r i ng  or  e x t r a c t i ng 

Spain 

exploring 

pursuant 
Entitles 
Ley  22/1973,  de  21  de  j u l i o,  de  Minas,  as  amended  by  Ley  5^/1980, 
de  5  de  noviembre  and  by  Real  Decreto  L e g i s l a t i vo  1303/1986,  de 
28  de  j u n i o. 

coal  or  other 

or  extracting 

solid 

fuels 

to 

(  A-PIEX 

V) 

"*" 

?-€ 

France 

exploring 

Entitles 
Code  Minier, 
No.  77-620  du  16  Juin  1977,  Décret  No.  80204  et  Arrêté 

extracting 

or  other 

No.  56863  du  16  août  1956)  as  amended  by 

(Décret 

solid 

fuels 

coal 

du  11  mars 

to 
the  Lg± 
1980. 

pursuant 

Ireland 

Bord  na  Mona 
Entities prospecting  or extracting  coal pursuant  to the Minerals 
Development Acts, 1940-1970. 
Italy 

Car bo  Su tel  s  SpA. 

Luxembourg 

Netherlands 

Portugal 

Empress  Carbonifère 

do  Dalro. 

Empresa  Nacional de Uranio 
United  Kingdom 

British  Coal Corporation  (BOO  set up pursuant  to the  Coal  Industry  nationalisation Act 
1946. 

~~ 

Entities benefitting  fro... a licence granted  by  the BGC pursuant  to the  Coal  Industry 
Nationalisation Act  1946. 

Entities exploring  or extracting  solid  fuels pursuant  to the Mineral  Development  Act 
(Northern  Ireland) 1969. 

~~  ' 

_— 

~ 

-

(AHIJE.X  V) 

-  2  -

§"3 

ANNEX VI 

Contract/no;  entitles 

in 

the 

field 

of  railway 

services 

Belgium 

Société 
Nationale  MaatschapptJ 

nationale 

des  Chemins  de  fer 

der  Betgfsche 

belges 
Spoorwegen 

Denmark 

Dansée  Stetsbener 

(DSB) 

Entitles 
pr  I vat boner ne. i.vf.lov n. 245 af 6 August 1977. 

set  up  pursuant 

operating 

to  Lov  nr.  295  of  6.  Junl 

1984  oa 

Germany 

Deutsche 

Bundesbahn 

entitles 

Other 
paragraph 

providing 

services 
2  Abs.1  of  A l l g e m e i n es  E i s e n b a h n g e s e tz  v om  2 9 . 3 . 1 9 5 1. 

the  public 

railway 

as  defined 

to 

In 

Greece 

Oçysyiou6ç Ii6nco6p6uuv EXX&6cç. 

Organisation of  Railways  in Greece  (OSE) 

(A.\;:E>:  VI) 

-  1 

-

•Z-8 

(FGC) 

Spain 

Red  Nactonal  de  Los  Ferrocarrlles 
Ferrocarrltes 
Ferrocarrlles 
Eusko  Trenbfdcak 
Ferrocarrlles 

(Bilbao) 

de  Via  Estrecha 
de  la  General  I tat  de  Catalunya 

(FEVE) 

Espaholes 

de  la  General  I tat  Valenctana 

(FGV) 

France 

Société 
ferroviaires 
Transports 
Transport 

nationale 

des  Chemins  de 

fer 

ouverts  au  public 

referred 

to 

français 
In  the  Lot  d'Orientation 

and  other 

Inter  leurs  du  30  décembre  1982.  Titre 

II.  Chapitre 

ferrovlalre. 

réseaux 
des 
1er  du 

I  reland 

Igrnrod  Elreann 

(Irish 

Rail) 

Italy 

Ferrovte  dello  Stato 

providing 
Entitles 
to  article 
pursuant 
approve 
It 
concesse  at  I'Industrie 
eutomobf11 

concession 
railway 
10  of  Regto  Decreto  9  magglo  1912.  n.  1447.  che 
ferrovte 
dl 
te  tramvte  a  trazfone  meccanlca  e  oil 

testo  unlco  del  le  dispostzlonl 
private, 

the  basts  of  a 

legge  per 

services 

on 

le 

operating  on 
laws,  as  referred 

Entitles 
special 
Decreto  9  magglo  1912.  n.  1447.  che  approve 
ferrovte 
d/spostzlonl 
le  trgmvte  a  trazfone  meccanlca  e  gll 

legge  per 

II 
concesse  atl'Industrie 
automobl11. 

the  basts  of  a  concession  granted, 

In  Tltoto  XI.  Capo  It.  Seztone 

to 

dl 

le 

pursuant 
to 
la  of  Regto 
dette 
private. 

testo  unlco 

•1) 

-  2 

-

*3 

Entitles 
pursuant 
Stato  per 
concess/one 

providing 
to  article 
la 

services 

railway 
concession 
4  of  Legge  14  gutgno  1949.  n.  410.  concorso  del  to 
In 

the  basts  of  a 

del  pubbltcl 

trasporto 

servlzl 

on 

dl 

reatt  Ivazlone 

local  authorities 

or 

Entitles 
of  a  concession  pursuant 
-  Prowedtmentl 
ettre  11 nee  dl  tresporto 

per 

I'eserclzlo 

to  article 

ed 

providing 

in  regime  dl 

concesslone. 

railway  services  on  the  basts 
14  of  Legge  2  aoosto  1952.  n.  1221 
e  dl 
II  potenztamento  dl 

ferrovte 

Luxembourg 

Chemins de  fer 

luxembourgeois 

(CFL) 

Netherlands 

Nederlandse  Spoorwegen  N.V. 

Portugal 

Camlnhos de  Ferro  Portugueses 

United  Kingdom 

British  Rati waygBoard 
Northern 

tret  and  RetIweys 

(ANNEX VI) 

~ 3 

ANNEX VII 

"O 

ContractIng 

entitles 

In  the  field 

of  urban 

raltwey. 

tramway, 

trolley 

bus  or  bus 

services 

Belgium 

Société 
MaatschapplJ  van  Buurtspcorwegen  (NMB) 

des  Chemins  de  Fer 

nationale 

vicinaux 

(SNCV)/Nattonale 

providing 
granted  by  SNCV  pursuant 

Entitles 
contract 
du  30  décembre  1946  relatif 
route  effectués 

par  autobus  et  par 

transport 

services 

to 

the  public 

on  the  basts  of  a 

aux  transports 

to  articles 

76  and  21  of 
rémunérés  de  voyageurs 

the  Arrêté 

par 

autocars 

Intercommunaux  de  Bruxelles 

(STIB). 

Société  des  Transports 
MaatschapplJ  van  net  Intercommunaal  Vervoer 
MaatschapplJ  ven  net  Intercommunaal  Vervoer 
Société  des  Transports 
Société  des  Transports 
Société 
(STIAV).  and  other  entitles 
création 
de  oprfchtlng 
vervoer  of  22  February  1962. 

transports 
van  meatschapptJen 

Intercommunaux  de 

des  Transports 

de  sociétés 

de 

set  up  pursuant 

Intercommunaux  de  Charlerol 
Intercommunaux  de  le  région 

te  Antwerpen 
te  Gent 

(MIVQ. 

(MIVA). 

(STIC) 
Itégolsc 

(STIL) 

I'agglomération 
lot 
the 

to 

en  commun urbains  Wet 
voor 

stedelljk 

relative 

vervlêtolse 
è 
la 
betreffende 
gemeenschappelIJk 

transport 

providing 
with  STIB  pursuant 
pursuant 

Entitles 
contract 
entitles 
1982  relatif 
organismes  d'Intérêt 

to  article 
aux  mesures 

11  of 
d'assainissement 
public  dépendant  du  Ministère 

the  public 
10  or  with  other 

on  the  basts  of  a 
transport 
the  Arrêté  Royal  140  du  30  décembre 
certains 

appltcab 

é 
des  Communications. 

services 
to  article 

tes 

to 

(IKUWV.X  Vil) 

- 

l 

-

Si 

Denmark 

Danskc  Statsbaner 

(DSB) 

providing  bus  services 
Entitles 
on  the  basis  of  an  author  Isat  Ion  pursuant 
1978  om  buskorsel. 

to  the  public 

(almtndelIg 

rutekorsel) 
to  Lov  nr.  115  af  29.  marts 

Germany 

providing 

, on the basis of an authorization, short-distance 

Entitles 
transport services to the public  (Offentlichen Personennahverkehr) 
pursuant of the Personenbeforderungsgesetz vom 21 MSrz 1961. as  last 
amended on 25.7.1989. 
Greece 
HXCKTPOKÎ vn,To Aeuyopeîo flcptoxnc ASnvàvne ipaiwç. 
the  Athens 
(tiectr/c 
decree  768/1970  and  lew  588/1977. 

-  Piraeus  Area)  operating 

Buses  of 

pursuant 

to 

HXcKTpiKoi Ii6np66popot A8nv"v~neipoiwç. 
(Athens 
352/1976  and  588/1977. 

-  Piraeus  Electric 

Railways) 

operating 

pursuant 

to 

laws 

ETTtyetPOOQ  ACTIKIJV 
(Enterprise 

I U V K OI  VMVUJV. 

of  Urban  Transport)  operating  pursuant 

to 

law  588/1977. 

Koivô Tapeio Eionp6£euç, Aempopc'mv. 

(Joint  Receipts  Fund  of  Buses)  operating  pursuant 

to  decree 

102/1973. 

POAA  (AnuoTiKi*) EmxelPHOn Aeuçopeiuv  P66ou). 
Roda  Municipal  bus  enterprise 

In  Rhodes 

0pYav«op6ç, AOTtKÙv luyKO» vwviûv eeooaXoviKHC-
(Urban  Transport  Organisation 
of  Thcssalonlkl) 
decree  3721/1957  and  lew  716/1980. 

operating 

pursuant 

to 

Entities 

(ANNEX  VII) 

-  2  -

£_ 

Spain 

Entitles  providing 
de  Régfmen Local 

transport  services 

to  the  public  pursuant 

to  the  Ley 

Corporacton  metropolttana  de  Madrid 

Corporaclôn  mctropolItana  de  Barcelona 

providing 

Entlttes 
pursuant  to  Articles 
Terrestres. 

31  Jul to  de  1987. 

urban  or 

public 
113  to  118  of  the  Ley  de  ordenacton  de  Transportes 

bus  services 

Inter-urban 

the 

to 

Entitles 
or  the  Ley  de  Ordenacton  de  Transportes  Terrestres. 

providing  bus  services 

the  public, 

to 

pursuant 

to  article 
31  Julio  de  1987. 

71 

FEVE,  RENFE  (or  Empress  Nac tonal 
Carretera) 
bus  services 
Dlsposlclones 
de 
adlcfonales. 
Transportes  Terrestres.  37  Julio  de  1957. 

providing 

Primera 

de  Transportes 
the  public 
to 

de  Vtajeros 
to 
pursuant 
Ley  de  Ordenacton 

ta 

por 
the 
de 

Entitles 
Tr ans I tor  I as. 
Terrestres. 

31  Jul  to  de  1957. 

providing  bus  services 
Tcrcera 

de 

ta 

to  the  public  pursuant 
Ley  de  Ordenacton 

to  Dlsposlclones 
Transportes 
de 

France • 

providing 

transport  services 

to  the  public  pursuant 

Entitles 
7  11  of  the  Lot  n'  82-1153  du  30  décembre  1982.  Transports 
Orientation. 
Régie  Autonome des  Transports  Part  s tens.  Société  Nationale  des  Chemins 
de  Fer  Français.  APTR and  other  entitles 
services 
to  the  public  on  the  basts  of  an  authorisation 
granted  by  the  Syndicat 
pursuant 
des  Transports  Parisiens 
tfecrcfs d'appiteat 
è 
voyageurs  dans  la  région  per  tsienne 

the  Ordonnance  de  7959  et  aes 
de 

to 
l'organisation 

Article 
Intérieurs. 

transports 

providing 

transport 

relatifs 

des 

Ion 

to 

(ANNEX V U) 

' 

-  3 -

93 

to  the  public  pursuant 

to 

Ireland 

larnrod  Elreann  (Irish 
Bus Elreann  (Irish  Bus) 
Bus At ha  Alath  (Dublin  Bus} 

Rail) 

Entitles 
services 
the  ômenoeci  Roao  t r a n s p o rt  Act  1 9 3 2. 

providing 

transport 

Italy 

providing 

Entitles 
concession  pursuant 
degll  autoservtzt  dl 
agrtcoll 
as  modified  by  article 
gluqno  1955.  n.  771. 

transport 

services  of a 

In  treglme  dl  concessfone  atl'Industrie 

to  Legge  28  settembre  1939.  n.  1622  — 
(eutotI  nee  per  vtagglatort. 
llnea 

DtscfplIna 
basant  I  e  pacchl 
1 
45  of  Decreto  del  Présidente  delta  Repubbttea  28 

private)  -  article 

Entitles  providing 
article 
1 ,n.4  or  n.  15  of  Reglo  Decreto  15  ottobre  1925.  n.  2576  -  Approvazlone 
pubbltcl 
legge  sulI'assunzlone 
del 
servlzl  da  parte  del  comuni  e  del  le  province. 

to  the  public  pursuant 

testo  unlco  delta 

transport  services 

dlretta 

del 

to 

Entitles  operating  on  the  basis  of  a  concession  pursuant 
or  256  of  Reglo  Decreto  9  magglo  1912.  n.  1447.  che  approve 
dt 
dette 
unlco 
el  r  Industrie  prlvete. 

242 
II 
testo 
concesse 
le  tremvte  a  traztone  meccanlca  e  all  mutomobl11 

dlsposlzionl 

to  article 

ferrovte 

legge 

per 

le 

Entitles 
pursuant 
Stato  per 
concesslone. 

or 
to  article 
la 

rlett 

local  authorities 

operating  on  the  basis  of  m  concession 
4  of  Legge  14  gfugno  1949.  n.  410.  concorso  del  to 
In 
Iveztone 

del  pubbl let 

trasporto 

servlzl 

dl 

operating  on  the  basis  of  a  concession  pursuant 

Entitles 
of  Legge  2  agosto  1952.  n.  1221  -  Prowedtmentl 
potenztamento  dl 
llnee  dl 
concessI one. 

e  dl  altre 

ferrovte 

trasporto 

per 

I'eserclTlo 

to  article 

14 
It 
In  regime  dl 

ed 

(ANNEX VII) 

SW/jw 

EN 

" ^ 

y 

Luxembourg 

Chemins de  fer  du  Luxembourg  (CFL) 

Service  communal des  autobus  municipaux  de  la  ville 

de  Luxembourg. 

Transports 

Intercommunaux  du  Canton  d'Esch  sur  Atzette 

(TICE). 

Bus service undertakings operating pursuant to the Règlement  Grand-Ducal du 
3 février  1978 concernant  les conditions d'octroi des autorisations  d'établissement 
et d'exploitation  des services de transports routiers réguliers de personnes 
rémunérées. 

Netherlands 

providing 

transport 

It 

(openbaar  vervoer)  of 

services 

to 
the  Wet  Personcnvervoer  van  12  maart 

the  public 

pursuant 

to 

Entitles 
chapter 
1987. 

Portugal 

Rod3v»érid  Nacional, FP 
Corrpanhia Carris de  Ferro de Lisboa 
Matropolitano de Lisboa, EP 
Serviços de Transportes  Collectivos do Porto 
Servi ços Municipalizados de Transporte de Barreiro 
Serviços Muni cipalizados de Transporte de Aveiro 
Serviços Municipalizados de Transporte de Braga 
Serviços Municipalizados de Transporte de Coimbra 
Serviços Municipalizados de Transporte de  Portalegre 

' TV  Vil) 

- 5 -

9s 

to 

the  public 

pursuant 

to  the  London 

United  Kingdom 

Entitles 
Reg tonal  Transport  Act  1984. 

bus  services 

providing 

Glasgow  Underground 

Greater  Manchester  Rapid  Transit  Company 

Docklands Light  Railway 

London  Underground  Ltd 

British  Railways Board 

Tyne and Wear  Metro 

(ANNEX  V I I) 

-  6  -

CP€ 

ANNEX  V I II 

Contracting 

entitles 

In  the  field  of  airport 

faculties 

Belgfu* 

Régie  des  Voles  Aériennes 
novembre  1946 portant 
by  Arrêté  Royal  du 5  octobre 
des  Voles 

Aériennes. 

création 

set  up  pursuant 

to  the  Arrêté-lof 
de  te  Régie  des  Votes  Aériennes 

du  20 
amended 
refonte  du  statut  de  la  Régie 

197Q  portant 

Denmark 

operating 

Airports 
stk.  1  l  Lov om Luftfart. 
7 985. 

on  the  basis  of  an  authorisation 
Jf.  Lovbckendtglrelse 

pursuant 

to  S  55. 
nr  408  of  11.  September 

Germany 

Airports 
Luftvcrtehrszutassungsordnung  vom 79. 3.197? 

In  Article 

as  defined 

38 Abs.2 no of the 

f amended  last by the 

yjer_o_rdr. jr.g von 21.7.1986. 

Greece 

Airports 
aviation 

operating 
service 

pursuant 

to  /aw  517/1931 
Yirqpeoig floXiTinriç Acpoiropioc (YflA). 

setting 

up  the 

civil 

Internet 
647/981 

tonal 

airports 

operating 

pursuant 

to  presidential 

decree 

vin; 

-  l  -

99 

Nactonales 

operating 

pursuant 

to 

the 

Spain 

Airports  managed  by  Aeropuertos 
Real  Decreto 

278/1982 

de  15  octubre 

1982. 

France 

Aéroports 
252-1  du  Code  de 

de  Paris 

operating 

l'Aviation 

pursuant 
Civile. 

to  Titre 

V.  Articles 

L  251-1 

è 

Aéroport 
Suisse  du  4  Juillet 

de  Bêle 

-  Mulhouse  set  up  pursuant 

to 

the  Convention 

Franco-

1949. 

Airports 

as  defined 

In  Article 

L  270-1.  Code  de 

l'Aviation 

Civile. 

Airports 
concession 

operetIng 

d'aéroport 

the  Cahier 
pursuant 
,  décret  du  6  met  1955. 

to 

de  Charges 

type 

d'une 

Airports 
to  Article 

Ireland 

Afrports 
Airports 

operating 

on  the  basis  of  a  Convention  d'exploitation 

pursuant 

LI221.  Code  de 

I  Aviation 

Civile. 

of  DubfIn, 

Cork 

and  Shannon  managed  by  Aer 

Rfante—Irish 

operating 
to 
fuel 

on 
the  Air  Navigation 

Airports 
pursuant 
Transport 
ministerial 
-oaf'on  (se'-corc'-es and visual  ground  aids) Order 1970 (SI No. 291  of  1970: 

of  departmental 
functions  Order  7959 (SI Uo. 125 of 1959) sno the Air  Kavi-

granted. 
the 
Ion  and 

and  Transport 

and  power 

Administrât 

the  basts 

23  1936. 

a  public 

Act  Mr. 

(transfer 

licence 

use 

of 

(ANNEX  VIIJ) 

-  2 

-

9r 

Italy 

Stat> 
Civil 
to 
in  artt 
mgrzo  1942.  n. 

airports 
te  692  of 

327. 

(aerodroml 

clvltf 

tstttultt 

dalto  Stato) 

the  Codlce  delta 

navlgazlone. 

Reglo  Decreto 

referred 
30 

operating 

Entitles 
granted  pursuant 
Decreto  30  marzo  1942.  n.  327 

airport 
to  Article 

facilities 
694  of 

on 

the  basis 

the  Codlce  delta 

of  a 
navlgazlone. 

concession 
Regto 

Luxembourg 

Aéroport  de  F Inde  I 

Netherlands 

Airports 
15  January 

operating 

pursuant 
1953,  amended  on  7  June 

to  Articles 

1978. 

18  sno  following  of  the  Luchtvaartwet  of 

Portugal 

Airports  ma.-.s-zed by  Aeroportos 
Decreto  Lei 

246/79. 

e  Nervegeçeo  Aérea 

(ANA)  EP  pursuant 

to 

Mroporto 
pursuant 

de 

Funeha  I 
the  Decreto 

to 

and  Aeroporto 
Let 

284/81. 

de  Porto 

Santo 

regionaltsed 

Unlttrd  Kingdom 

Airports  managed  ty  British *i .-ports Authority p Lc 

Airports 

rhlch 

ere  public 

limited 

companies 

(pic's) 

pursuant 

to 

the 

Airports 

Act  1986. 

-  3 " 

ANNEX  IX 

ContractIng 

entitles 

In 

the 

field 
terminal 

of  maritime 
tes 
facttIt 

or 

Inland,  port  or 

other 

Belgium 

Société 

anonyme  du  Canal  et  des 

Instat 

tatIons  maritimes 

de 

Bruxelles 

Port  autonome  de 

Liège. 

Port  autonome  de  Namur. 

Port  autonome  de 

Cherterot. 

Port  de 

la  ville 

de  Cand. 

la  Compagnie  des 
Brugse 

haventnrlchtlngen. 

Installations 

maritimes 

de  Bruges  -  MaatschapplJ 

der 

Société 
maetschepplJ 

Intercommunale 

de 

van  de 

linker 

rive 

la 
Schetdeoever. 

gauche  de 
(Port 

l'Escaut 

- 
d'Anvers) 

Intercommunale 

Port  de  Nteuwport. 

Port 

d'Ostende. 

Denmark 

Ports  ms  defined 
16.  december 
treffkhavne. 

Jf. 

In  article 
1985  o»  hvllke 

1. 

I  to 

III 
havne 

er 
lov  nr  239  af  12.  mej  1976  om 

of 
der 

the  Bekendtomrelse 

omfettet 
treftkhavne 

nr  6Q4  af 
om 

lov 

mf 

(ANNEX IX) 

- 1 -

y\ <^>o 

Germany 

Seaports  owned  totally 
Krelse. 

Gemelnden) 

or  partially 

by  territorial 

authorities 

(Lender. 

Inland  ports 

subject 

to 

the  Haienordnung 

pursuant 

to 

the 

ffassergesetze 

der  Lander 

Greece 

Piraeus  port  OpYQvop6ç,  Atpévoç,  f l ç i p o i u ç. 
set  up  pursuant 

to  Emergency  Law  7 5 5 9 / 7 9 50  and  Law 

1630/1951. 

Thessalonlkl 
set  up  pursuant 

port 

0 P Y O V ' O P 6Ç  Aipèvoç,  6eooaXov  I K H Ç. 

to  decree  N.A. 

2251/1953. 

Other  ports  governed  by  presidential 
EwonTciq,  opyAvnon.  XetTouPY'QQ  6»otKnTiKÔr.  éXcyxoç,  X i i i e y u v. 
( s u p e r v i s i on  organisât 

and  administrative 

649/1977  Gl.fl. 

functionlng 

Ion  of 

decree 

649/1977) 

control) 

Spain 

Puerto  de  Huelva  set  up  pursuant  to  the  Decreto 
no  2380/69. 
al  Puerto  de  HueIva. 

Puertos  y  Faros. 

Otorga  Réglmen  de  Estatuto 

2  de  octubre 

de 

1969. 
de  Autonomie 

de  Barcelona 

Puerto 
1978.  no  24Q7/78. 
Estatuto 

de  Autonomie 

set  up  pursuant 

Puertos  y  Faros. 

to 
Otorga 

the  Decreto 

at  de  Barcelona 

25  de  agosto 

de 
Réglmen  de 

Puerto  de  Bilbao 
no  2408/78. 
de  Autonomie. 

set  up  pursuant 

the  Decreto 

25  de  agosto  de 

Puertos  y  Faros. 

el  de  Bilbao  Réglmen  de 

to 
Otorga 

1978. 
Estatuto 

(ANNEX IX) 

- 2 -

Puerto  de  Valencia 
no  2409/78. 
Estatuto 

Puertos 
de  Autonomie. 

set  up  pursuant 

the  Decreto 

25  de  agosto  de 

y 

Faros. 

el 

de  Valencia 

Réglmen 

to 
Otorga 

1978. 
de 

• ^ oo 

Juntas  de  Puertos  operet 
Puertos  y  Faros. 
Decreto 
de 
Reglamfento. 

9  de 

Ing  pursuant 

to 

the  Let  27/68  de  20  Junto 

Juntas  de  Puertos 
l  de 

abri 

1970. 

y  Estatutos 

de  Autonomie  and  to 

no  1350/70. 

Juntas 

de 

1958: 
the 
Puertos. 

the  Comfs/on  Administrât 
Ports  managed  by 
operating 
the  Ley  27/68 
pursuant 
1958/78  de  23  Junfo  de  1978  and  Decreto 

/va  de  Grupos  de 
de  1958, 

de  20  Junto 
571/81  de  6  mayo  de 

to 

1981. 

Puertos 
Decreto 

the  Real  Decreto 
los  de 

fnterés 

989/82 
gêner  et. 

de  14  de  mayo  1982. 

Puertos. 

Ports 
listed 
Claslftcecfon 

In 
de 

France 

Port  Autonome  de  Paris 
1908  relative 

au  port  autonome  de 

Parts. 

set  up  pursuant 

to 

lot  n'  6S/917  du  24 

octobre 

Port  Autonome  de  Strasbourg 
l'Etat 
1923  entre 
le  ville 
du  Port  Rhénan  de  Strasbourg 
ce  port, 

approved  by  the 

et 

set  up  pursuant 
de  Strasbourg 
et  è  exécution 

to 
relative 
de 

the  Convent  ton  du  20  mat 
Constitution 
de 

la 
d'extension 

à 
travaux 

loi  du  26  avril 

1924. 

Other 
(navigation 
relatif 

Inland  waterway 
Intérieure) 

aux  concessions 

ports 
of 
d'out11 

set  up  or  managed  pursuant 
n'  69 

the  décret 

-  14Q  du  6 
tes  ports 

lege  public 

dans 

to  article 
février 

6 
1969 

Maritimes./ 

eutQocges  operating 
Ports 
the  Code  des  Ports  Mar It  I mes. 

parz.ua.nt 

to  articles 

L  7 7 7-7  et  suivants 

of 

Ports  non-autonom*s 
of 

the  Code  des  Ports  MtrIt 

imes. 

operatIng 

pursuant 

to  articles 

R  121-1  et 

sulvents 

(ANNEX  IX.) 

- 3 -

Ports  managed  by 
pursuant 
to 
(départements) 
1983  compétent 
de  compétences  entre 

a 
pursuant 
la 

regional 
concession 

authorities 
granted 

to  article 
toi  63-8  du  7  Janvier 

6  of 

(départements) 

or 

by 

the 

regional 
du  22 
the  Lot  85-663 
la 
è 
l'Etat. 

1983  relative 

et 

les  communes,  départements 

^d 

operating 
authorities 
Juillet 
répartition 

Ireland 

to 

pursuant 

the  Harbour  Acts  19A6  to  1976 

Ports  operating 
Port of pun Laoghaire operating  pursuant  to the State Harbours  Act 1924. 
°ort of Kossiare Harb&ur opp^ting  pursuant  to the  Hnguard  and  Kossiare 
Railways ano Haroours Ac"t/  1899. 
Ualy 
Stare  ports 
to 
pursuant 
n.  32. 

ports  managed  by 
navlgazlone. 

the  Cap I tarter  la  dl 

the  Codlce  delta 

Reglo  Decreto 

Porto 
1982. 

and  other 

30  marzo 

Autonomous  ports 
Article 
1982.  n. 

19  of 
327. 

(Entl 

portualt) 
the  Codlce  delta 

Luxembourg 

set  up  by  special 
navlgazlone. 

Reglo  Decreto 

laws  pursuant 

to 
30  marzo 

Port  de  Mer ter  t  set  up  and  operating 
relative 
l'aménagement 
Moselle. 

et  è 

è 

pursuant 

to  Lof  du  22  Juillet 

l'exploitât 

Ion  d'un  port 

fluvial 

1963 
la 

sur 

Nether  I  ends 

Havenbedr  t Jven,  set  up  and  operet 
29  Junl 

1851. 

Havenschap  VI  Isslngen. 
een  gemeenschapp>elIJke 
VIIsslngen. 

set  up  by 
reveling 

Ing  pursuant 

to 

the  Gemeentewet 

van 

the  wet  van  10  September 
het 
tot 

oprlchtIng 

van 

7 9 7J  houdende 
Hevenschap 

(ANNEX  IX ; 

- 4 -

^o3 

set  up  by 

the  wet  van  8  aprl 

I  1970  houcende  een 

regelIng 

tot  oprlchtIng 

van  het  Hevenschap 

Terneuzen 

Hevenschap  Terneuzen. 
gemeenschappelIJ*e 

Havenschap  DelfztJt. 
gemeenscheppelIJke 

set 

up  by 

the  wet  van  37  Juli 

1957  houoencie. eon 

regelIng 

tot  oprlchtIng 

van  het  Havenschap 

DelfzlJI. 

Induscrie-en  havenscnôp  MoerdlJk. 
regelIng 
23  oktober 
1972. 

tot  oprlchtIng 

approved 

1970. 

van  het  Industrie-cn  Havenschap  Moerdljk 

set 

up  by 

the  oe meenschappe  It  Jke 
van 
nr.  23  van  4  maart 

by  Kontnkl 

IJk  Bestult 

Portugal 

Porto  de  Llsboa  set  up  pursuant 
and  operating 

to  Decreto 

pursuant 

to  Decreto  Real  do  18  Feveretro 
1948. 
let  no  36976  do  20  Jut  ho 

1907 

Porto  do  Douro  e  Lelxoes 
Jul  ho  1948. 

set  up  pursuant 

to  Decreto 

Lei  no  3ov//  do  20 

Porto  de  Sines  set  up  pursuant 
1977. 

to  Decreto 

Let  No-508/77 

do  14  Dezembro 

Portos  de  Setubat 
Faro  operating 

.  Avelro. 

pursuant 

to 

United  Kingdom 

Flguelra 
the  Decreto 

de  Foz.  Vtana  do  Castelo. 

Let  37754  do  18  Feveretro 

Porttmez. 
1950. 

author 

Harbour 
Act  1964  providing 
way. 

It  les  within 

the  meaning  of  section 

port 

feci 

I  It  les 

to  cerrters 

57  of 
by  sea  or 

the 
Inland 

Harbours 
water 

(ANNEX  IX) 

ANNEX  X 

OPERATION  OF  TELECOMMUNICATIONS  NETWORKS  OR  PROVISION 

OF  TELECOhl-IUu'ICATIONS  SERVICES. 

Belgique 

Régie des Télégraphes et des Téléphones 
Regie van Telegrafie en  Telefonie 

Danemark 

Kj^benhavns  Telefon  A k t i e s e l s k ab 
Jydsk  Telefon 
Fyns  Telefon 
S t a t e ns  T e l e t j e n e s te 
Tele  Sonderjylland 

République  Fédérale d'Allemagne 

Deutsche  Bundespost  -Telekom 
Mannesmann-Mobi If un!<  Gmbh 

Grèce 

OTE /  Hellenic Telecommunications  Organization 

Espagne 

Compam'aTelefonica  Nacional de  Espana 

France 

Direction  Générale des  Télécommunications 
Transpac 
Telecom  Service  Mobile 
Société Française de  Radiotelefone 

Irlande 

Telecom  Eireann 

(ANNEX  X) 

-  1 

-

/?or 

Italie 

Amministrazione délie Poste e délie Telecommunicazioni 
Azienda di Stato per i Servizi Telefonici 
Societa Italiana per l'Esercizio Telefonico SpA 
Italcable 
Telespazio SpA 

Luxembourg 

Administration des Postes et àes  Télécommunications 

Pays Bas 

Koninkl'-Îjke  PTT  fieoerland  n . v.  and  s u b s i d a r i e s. 

(  ) 

Portugal 

Telefones de Lisboa e Porto  5. a. 
Companhia PortuguesaRadio Marconi 
Corrcios e Telecommunicacdes de Portugal 

Rovaume-Uni 

British Telecommunications  PLC 
Mercury Communications Ltd 
City of Kingston-Upon-Hull 
Racal Vodafone 
Telecoms Securicor Cellular Radio Ltd (Cellnet). 

(  ) except PTT Post BV 

(ANNEX  X) 

-  2  -

ANNEX  XI 

I.15T  OK  PBOmSSlWAL 

A C T J V I T 113 

. 

AS  S ET OUT  IN  Tll£  CKNFJIAJ.  INDU5T7UAJL  CLASSIFICAT!ON 
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(AlMEX  XI) 

-  1  -

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sca.fi 

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(U»c*wdlf»a  TT^  U y t r tg  of  p 4 - - q u «l  r-oonrvg} 

T t l r t fl  « J^  o C M r w lM  c c » r i ' *0 
C*VN«r  twJ.ICtng  OOOp*» UOt  +*QfX  (p*.TJ<\g  In  r . f » p l « c «.  wic.) 

floor»  «j^d  » L "4 

(AlWEX 

XI) 

-  2 

-

IÇ)^ 

ANNEX XII 

A. Open procedures 

1. The name, address, telephone number, telegraphic address, telex and telecopier 

number of the contracting entity. 

2. Nature of the contract  (supply or works; where appropriate, state if it is a 

framework agreement). 

3. (a) Place of delivery, or site: 

(b) Nature and quantity of the goods to be supplied: 

or 

The nature and extent of the services to be provided and general nature of 

the work. 

(c) Indication of whether the suppliers can tender for some and/or all of the 

goods required. 

If, for works contracts, the work or the contract is subdivided into 

several lots, the order of size of the different  lots and the possibility 

of tendering for one, for several or for all of the lots. 

(d) Authorization to submit variants. 

(ANNEX XII) 

- 1 -

y)  og 

(e) For works contracts: 

Information  concerning  the purpose of the work or the contract  where  the 

latter also involves  the drawing up of projects. 

4. Derogation  from the use of European  specifications,  in accordance  with 

Article  13(6). 

5. Time-limits  for delivery  or  completion. 

6.  (a) Name and address of the service  from which the contract  documents  and 

additional  documents may be  requested. 

(b) Where  appropriate,  the amount  and  terms of payment  of the sum to be paid 

to obtain  such documents. 

7.  (a) The final date for receipt  of tenders. 

(b) The address  to which  they must  be sent. 

(c) The  language or languages  in which  they must  be drawn up. 

8.  (a) Where  appropriate,  the persons  authorized  to be present  at  the opening of 

tenders. 

(b) The date, hour and place of such opening. 

9. Where  appropriate,  any-deposits and guarantees  required. 

10. Main  terms concerning  financing  and payment  and/or references  to the 

provisions  in which are  contained. 

(ANNEX XII) 

- 2 -

'Mo 

11. Where  appropriate,  the  legal form  to be taken by the grouping of suppliers  or 

contractors  to whom  the contract  is awarded. 

12. Minimum  economic  and  technical  conditions  required  of the supplier  or 

contractor  to whom  the contract  is awarded. 

13. Period  during which  the tenderer  is bound  to keep open his  tender. 

14. The criteria  for the award  of the contract.  Criteria other  than that  of the 

lowest  price  shall be mentioned  where  they do not  appear  in the  contract 

documents. 

15. Other  information. 

16. Where appropriate,  the reference  to publication of the periodic  information 

notice  in the Official  Journal  to which  the contract  refers. 

17. Date of dispatch  of the notice by the contacting entities. 

18. Date of  receipt  of the notice  by the Office  for Official  Publications  of  the 

European Communities  (to be supplied by the said  Office). 

B. Restricted  procedures 

1. The name, address, telephone number,  telegraphic  address, telex and  telecopier 

number  of the  contracting  entity. 

2. Nature of the contract  (supply or works; where appropriate,  state  if it  is a 

framework  agreement). 

(ANNEX  XII) 

- 3 -

s)s\n 

3.  (a) Place of delivery,  or site: 

(b) Nature and quantity  of the goods  to be  supplied 

or 

The nature and extent  of the services to be provided  and general  nature of 

the work. 

(c) Indication  of whether  the suppliers  can tender  for some and/or all of the 

goods  required. 

If, for works  contracts, the work or the contract  is subdivided  into 

several  lots, the order of size of the different  lots and  the possibility 

of tendering  for one, for several  or for all of the lots. 

(d) Authorization  to submit  variants. 

(e) For works contracts: 

Information  concerning  the purpose of the work or the contract  where  the 

latter also  involves the drawing up of projects. 

4. Derogation  from  the use of European  specifications,  in accordance  with 

Article  13(6). 

5. Time-limits  for delivery  or  completion. 

6. Where  appropriate,  the  legal  form  to be taken by the grouping of suppliers  or 

contractors  to whom  the contract  is awarded. 

(ANNEX XII) 

- 4 

11 <i 

7.  (a) The  final  date  for receipt  of requests  to participate. 

(b) The address  to which  they must  be sent. 

(c) The  language  or  languages  in which  they must  be drawn up. 

8. The  final  date  for dispatch  of  invitations  to tender. 

9. Where  appropriate,  any deposits  and guarantees  required. 

10. Main  terms concerning  financing  and payment  and/or references  to the  texts  in 

which  these  are  contained. 

11.  Information  concerning  the supplier's  or contractor's  position  and  minimum 

economic  and  technical  conditions  required of him. 

12. The  criteria  for the award  of  the contract  where  they are not mentioned  in the 

invitation  to tender. 

13. Other  information. 

14. Where  appropriate,  the reference  to publication  of the periodic  information 

notice  in the Official  Journal  to which  the contract  refers. 

lb. Date of dispatch  of the notice  by  the  contracting entities. 

16. Date of receipt  of the notice  by  the Office  for Official  Publications  of the 

European Communities  (to be supplied  by the said  Office). 

(ANNEX XII) 

- 5 

4 13 

C. Negotiated  procedures 

1. The name, address, telephone number,  telegraphic  address, telex and  telecopier 

number  of the contracting  entity. 

2. Nature of the contract  (supply or works; where appropriate,  state  if it  is a 

framework agreement). 

3.  (a) Place of delivery,  or site. 

(b) Nature and quantity  of the goods to be  supplied: 

or 

The nature  and extent  of the services  to be provided  and general nature of 

the work. 

(c) Indication  of whether the suppliers  can tender for some and/or all of the 

goods  required. 

If, for works  contracts, the work or the contract  is subdivided  into 

several  lots, the order of size of the different  lots and  the possibility 

of tendering  for one, for several  or for all of the lots. 

(d) For works contracts: 

Information  concerning  the purpose of the work or the contract  where  the 

latter also  involves  the drawing up of projects. 

4. Derogation  from the use of European  specifications,  in accordance  with 

Article  13(6). 

5. Time-limit  for delivery or  completion. 

(ANNEX XII) 

- 6 -

/7iq 

6. Where  appropriate,  the  legal  fori» to be taken by the grouping  of suppliers  or 

contractors  to whom the contract  is awarded. 

7.  (a) The  final  date  for receipt  of tenders. 

(b) The address to which  they must  be sent. 

(c) The  language or  languages  in which  they must  be drawn up. 

8. Where  appropriate, any deposits  and guarantees  required. 

9. Main  terms concerning  financing  and payment  and/or  references  to the texts in 

which  these are  contained. 

10.  Information  concerning  the supplier's  or contractor's  position  and  minimum 

economic  and  technical  conditions  required  of him. 

11. Where  appropriate,  the names and addresses  of suppliers  or contractors  already 

selected  by the contracting  entity. 

12. Where  applicable, date(s) of previous publications  in the Official  Journal of 

the European  Communities. 

13. Other  information. 

14. Where appropriate,  the  reference  to publication  of the periodic  information 

notice  in the Official  Journal  to which  the contract  refers. 

15. Date of dispatch  of the notice by  the contracting  entities. 

(ANNEX XII) 

- 7 -

16. Date of receipt  of the notice by the Office for Official  Publications  of the 

European Communities  (to be supplied  by the said  Office). 

Ans 

(ANNEX XII) 

- 8 -

11G 

ANNEX XIII 

Notice on the existence of a qualification system 

1. Name, address, telephone number, telegraphic address, telex and telecopier 

number of the contracting entity. 

2. Purpose of the qualification system. 

3. Address where the rules concerning the qualification system can be obtained (if 

different from the address mentioned under 1.). 

4. Where applicable, duration of the qualification system. 

(ANNEX XIII) 

- 1 -

nq 

ANNEX XIV 

Periodic Information Notice 

A. For supply contracts: 

1. Name, address, telephone number, telegraphic address, telex and telecopier 

number of the contracting entity or the service from which additional 

information may be obtained. 

2. Nature and quantity or value of the services or products to be supplied. 

3. (a) Estimated date of the commencement of the procedures of the award of the 

contract(s) (if known). 

(b) Type of award procedure to be used. 

4. Other information (for example, indicate if a call for competition will be 

published later). 

5. Date of dispatch of the notice by the contracting entities. 

6. Date of receipt of the notice by the Office for Official Publications of the 

European Communities (to be supplied by the said Office). 

(ANNEX XIV) 

- 1 -

^g 

B. For works  contracts 

1. The name, address, telegraphic  address, telephone,  telex and  telecopier 

number  of the contracting  entity. 

2.  (a) The site. 

(b) The nature and extent  of the services  to be provided,  the main 

characteristics  of the work or of the  lots by reference  to the work. 

(c) An estimate of the cost  of the services  to be  provided. 

3. (a) Type of award procedure  to be used. 

(b) The date  scheduled  for initiating  the award procedures  in respect  of the 

contract  or contracts. 

(c) The date  scheduled  for the start  of the work. 

(d) Planned  timetable  for completion of the work. 

4. Terms of financing of the work and of price  revision. 

5. Other  information  (for example,  indicate  if a call  for competition  will  be 

published  later). 

6. Date of dispatch  of the notice by the contracting entities. 

7. Date of receipt  of the notice by the Office  for Official  Publications  of  the 

European Communities  (to be supplied  by the said  Office). 

(ANNEX  XIV) 

- 2 -

"M 9 

ANNEX XV 

Notice on contracts awarded 

1. INFORMATION FOR PUBLICATION  IN THE OFFICIAL JOURNAL OF THE EUROPEAN 

COMMUNITIES 

1. Name and address of the contracting entity 

2. Nature of the contract  (supply or works; where appropriate, state if it is 

a framework agreement) 

3. At least a summary indication of the nature of the products, works or 

services provided 

4. (a) Form of the call for competition (notice on the existence of a 

qualification procedure; periodic information notice; call for tenders) 

(b) Reference of publication of the notice in the Official Journal of  the 

European Communities 

(c) In the case of contracts awarded without a prior call for competition, 

indication of the relevant provision of Article 15(2). 

5. Award procedure (open, restricted or negotiated) 

6. Number of tenders received 

(ANNEX XV) 

- 1 -

/\lo 

7. Date of award  of the  contract 

8. Price paid  for bargain purchases  under Article  15(2)(j) 

9. Name and  address  of successful  supplier(s) or  contractor(s) 

10. State, where  appropriate, whether  the contract  has been, or may be, 

sub-contracted. 

11. Optional  information: 

- value  and share of the contract  which may be sub-contracted  to 

third parties; 

- award  criteria; 

- price paid  (or range of prices). 

11.  INFORMATION  NOT  INTENDED  FOR PUBLICATION 

12. Number  of contracts  awarded  (where an award has been  split  between  more 

than one  supplier) 

13. Value  of each  contract  awarded 

14. Country  of origin  of the product  or service  (EEC origin  or  non-Community 

origin;  if the  latter, broken down by  third  country) 

(ANNEX XV) 

- 2 -

/)Z^] 

15. Was  recourse made  to the exceptions  to the use of European  specifications 

provided  for under Article  13(6).  If so, which? 

16. Which  award  criteria was used  (most  economically  advantageous:  lowest 

price: criteria permitted  under Article  28)? 

17. Was  the contract  awarded  to a bidder who submitted  a variant,  in 

accordance with Article  27(3)? 

18. Were any  tenders  excluded  on the grounds  that  they were  abnormally  low, 

in accordance with Article  27(5)? 

19. Date of transmission  of the notice by the contracting  entities. 

(ANNEX XV) 

- 3 -

AMENDMENTS  OF THE EUROPEAN  PARLIAMENT  NOT lACCEPTED  BY THE COMMISSION 

(Amendment  No.  2) 
Article 2(2)(4) 

ANNÊX  XVI 

A^z 

(a)  the  provision  and/or operation 
of  fixed  networks  intended  co 
provide  a  service  to  the  public  in 
connection  with  the  production, 
transport or distribution of : 

(1)  drinking water; or 

(ii)  electricity; or 

(iii)  gas or heat; 

and/or  the  supply  of  drinking 
water,  electricity,  gas  or  heat  to 
such networks; 

(Amendment  Ho. 4) 
Article 3(1), introductory phrase 

1.  Member  States  may  request  the 
Commission 
to  authorize  that 
exploitation  of  geographical  areas 
for the purpose of exploring for, or 
extracting, oil, gas, coal or other 
•olid  fuels  shall  not  be considered 
an  activity  defined  in  Article 
2(2)(b)(1)  and  that  entities  shall 
not bo considered as operating under 
special  or  exclusive  rights  within 
the  meaning  of  Article  2(3)(b)  by 
virtue of carrying on one or more of 
these  activities,  provided  that all 
the  following  conditions  are 
satisfied  with  respect  to  the 
provisions 
relevant 
concerning such activities: 

national 

(Amendment No. SI 
Article 3(4), first subparagraph 

4.  A Member  State. which  wishes to 
apply  paragraph y 1  ; s h a l l/ request 
authorization  from  the  Commission. 
In  addition,  .it. :. shall  inform- "the 
Commission  of  any'•;law, regulation or 
;administrative  provision, -agreement 
,iP r > •  u n d e rs ta nd ing - ^  el a t i ngj£ • t o 
c o m p l i a n ce  ^ with-'i'the'^ conditions 
referred  to in paragraphs  1 and 2.; 

-1-

ms 

(Amendment No. 61 
Article 3(4), second subparagraph 

The Commission shall take a decision 
in  accordance  with  the  procedure 
laid  down  in Article  32(4) to  (7). 
It  shall  publish  its  decision, 
giving  its reasons, in the Official 
Journal of."the European Communities. 
Should • the '•Commission  refuse ' to 
grant  authorization, this  Directive 
shall  apply  with  the  exception, of 
the present Article. 

(Amendment No. 101 
Article  12(6), new paragraph after first paragraph 

3efore  31  December  1991,  the 
Commission  will  publish  in  the 
Official  Journal • of  the  European 
Communities  a  notice  to  the  Member 
States describing in practical terms 
how  the  notion  of  work  is  to. be 
understood and applied. •':''•'-.. 

(Amendment No*__lJL 
Article 23(1) 

1.  Article  27(1)  shall  not  apply 
where a Member State bases the.award 
of  contracts-  on  "other ;'T criteria' 
within" the  framework. \of  ..rules  in 
:force'£at : thejv^tiroeo'Jof;^ adoption^ of 
this" . Directive"'.' whose'- \aim :':is , ; to 
promote  or  safeguard  'equal 'rights 
and  opportunities  for  women. : the 
disabled  or  workers  from  minority 
groups  or  to. give  preference  to 
certain  tenderers,  provided  the 
rules  invoked  are  compatible  with 
the Treaty. 

-2-

(Amendment  No.  17) 
Article  28(2) 

--721/ 

of 

a p p l i c a t i on 

2. Without  prejudice  to paragraph  1, 
this  Directive  shall  not  prevent, 
t he 
national 
provisions  in  force  on  the  award  of 
supply  or works  contracts  which  have 
as  their  objective  the  reduction  of 
regional  disparities, the  renewal  of 
urban  areas  and  the promotion  of  job 
creation  in  disadvantaged  regions 
and  areas  or  those  suffering  from 
industrial  decline,  provided  that 
are 
t he 
compatible  with  the  Treaty  and  with 
the 
international 
obligations. 

C o m m u n i t y 's 

p r o v i s i o ns 

concerned 

(Amendment  No.  23) 
Annex  XV, Point  13a  (new) 

13a.  Share  of  the  contract  put  out 
to  subcontractors  and  the  value 
thereof; 

(Amendment No.  28) 
Article  1(4) 

/ 

between 

entities  defined 

/framework  agreement'  shall  mean  an 
one  of  the 
agreement 
contracting 
in 
Article  2  and  one  or  more  suppliers 
or contractors, the  purpose  of which 
is  to  establish  the  terms,  in 
particular  with  regard  to the  prices 
and, where  appropriate,  the  quantity 
envisaged,  governing  the  contracts 
to  be  awarded  during  a  period  not 
exceeding  four  years; 

(Amendment  No.  29) 
Article  12(5) 

The  basis  for  calculating  the  value 
of  a  framework  agreement  shall  be 
the  estimated  maximum  value  of  all 
the  contracts  envisaged  for  the 
period  in  question,  which  shall  not 
exceed  four years. 

-3-

/) z  r 

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