Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 92/50/EEC relating to the coordination of procedures for the award of publics service contracts, Directive 93/36/EEC coordinating procedures for the award of public supply contracts, and Directive 93/37/EEC concerning the coordination of procedures for the award of public works contracts
Date: 1996-12-13
Institutions: European Commission
Subjects: EC Directive, public contract, services contract, supplies contract, works contract

COMMISSION OF THE EUROPEAN COMMUNITIES 

•it 
4 
* + * 

Brussels,  13.12.1996 
COM(96)  623  final 

95/0079  (COD) 

Amended  proposal  for  a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

amending 
Directive 92/50/EEC relating to the coordination of procedures for 
the award  of public service contracts, Directive 93/36/EEC 
coordinating procedures for  the award of public supply contracts, 
and Directive 93/37/EEC concerning  the coordination of procedures 
for the award of public works contracts 

(presented  by  the  Commission  pursuant  to  Article  189  a (2) 
of  the  EC-Treaty) 

List of contents 

EXPLANATORY MEMORANDUM 
Introduction 
I 
Detailed analysis of Articles 
II 

PROPOSAL FOR A PARLIAMENT AND COUNCIL DIRECTIVE 
Preamble 
Article 1 : Amendments to Directive 92/50/EEC 
Article 2: Amendments to Directive 93/36/EEC 
Article 3: Amendments to Directive 93/37/EEC 
Articles 4: Final provisions 
Annexes I to IV 

I 

1. 

2. 

-3 

Explanatory Memorandum 

Introduction 

The  Government  Procurement  Agreement  (GPA  or,  in  French, 
AMP)  forms  an integral part of the legal order of the  Community 
through  Council  Decision  94/800/EEC  of  22  December  1994, 
which  approves  the  agreements  reached  in  the  Uruguay  Round 
multilateral  negotiations.  This  does,  however,  not  entail  that  its 
provisions  can  be directly  invoked  before  the jurisdictions  of  the 
Community  and  the  Member  States  (last  recital  of  Decision 
94/800/EEC)  Consequently,  the  GPA  entered  into  force  in  the 
Community on  1  January  1996 as stipulated in its Article XXIV. Its 
implementation  by  the  Community  does  not  therefore,  per  se, 
require any transposing measures. 

b) 

The  Commission  has,  nevertheless  proposed  a  series  of 
amendments to  the Directives, aimed at inserting  some provisions 
of the GPA in the Directives in order to: 
a) 

avoid  discrimination  against  Community  companies  and 
give them  the same advantages that third country  companies 
enjoy pursuant to the GPA; and 
ensure  coherence  between  the two  legal  regimes.  This  way 
contracting  authorities,  which  are  subject 
to  both  the 
directives  and the GPA, will be able to conform  to the  GPA 
by applying  the provisions  of the  amended  Directives.  They 
would  otherwise  be  obliged  to  know  both  legal  regimes 
perfectly,  to  highlight  the  differences  between  them  and  to 
draw  the  correct  consequences  of  these  differences.  That 
would  seem  to  be  a  difficult  process  which  could  lead  to 
significant  differences  in the  application  of  Community  law 
in the different  Member States. 

This  does  not  in  any  way  constitute  a  unilateral  opening  of  the 
Community  markets  to  companies from third  countries. The  GPA 
and the Community  Directives are two distinct  legal realities. The 
former  regulates  the  relations  between  the  Community  and  third 
countries  having  signed  the  GPA  with  regard  to  the  contracts 
covered  therein.  The  rights  for  companies  from  third  countries  to 
access 
to  contracts  awarded  by  contracting  authorities  and 
contracting entities in the Community are therefore governed by the 
GPA. The  Directives, whether  amended  or not, deal  only  with  the 
intra-Community  relations,  that  is  the  relations  between  the 
European  contracting  entities  and  authorities  and  the  European 
companies.  They  do  not  create  rights  for  companies  from  third 
countries,  whose  rights  exclusively  derive  from  the  GPA  or  other 
international agreements. 

The  Commission  is,  in  other  words,  trying  to  ensure  that 
European 
companies  are  given  a  level  playing  field  by 
proposing to amend the directives. With few  minor and strictly 
technical  exceptions,  which  are  necessary  for  reasons  of 
legislative  technique,  the  Commission  intends  to  limit  itself  to 
amending the directives only insofar as this is strictly  necessary 
in  order  to  avoid  discrimination  against  Community  compa 
nies. 

- 4-

3. 

On  30  March  1995,  the  Commission  sent  the  Council  and  the 
European  Parliament two proposals for a Directive of the  Council 
and  of  the  European  Parliament,  one  amending  Directives 
92/50/EEC, 93/36/EEC and 93/37/EEC (regarding the procurement 
of,  respectively, services, supplies and works by public authorities), 
and  the  other  amending  Council  Directive  93/38/EEC  of  14 June 
1993 coordinating the procurement procedures of entities operating 
in  the  water,  energy,  transport  and  telecommunications  sectors. 
Only the former will be examined in the following paragraphs. 

4. 

In  February  1996  the  European  Parliament  adopted  its  legislative 
resolution  as  well  as  a  series  of  amendments.  The  Commission 
- indicated that it could accept a number of these amendments. 

The  amendments  which  the  Commission  has  accepted,  in  some 
cases  after  integration of other elements or textual  reformulations, 
consist particularly in: 

-  a new recital concerning delays of payment; 
- 

the introduction of differentiated  thresholds for service contracts 
depending  on  whether  the  types  of  services  in  question  are  or 
not covered by the GPA; 

-  a  restructuring  of  the  provision  on  statistics  regarding  public 

works  contracts; and 

- 

inclusion  of the  central  Government  bodies  of  Austria,  Finland 
and  Sweden in Annex I. 

5. 

Besides 
amendments  introduced in the revised proposal consist in: 

the  amendments  already  mentioned, 

the  principal 

- 

- 

- 

-  a  clarification  of  the  fields  of  application  of  the  GPA  and  the 
directives  as  well  as  a  clear  statement  as  to  the  legal  regime 
applicable to third country companies; 
the replacement of the earlier provisions on "technical dialogue" 
by a  recital in all three Directives; 
the  modification  of  the  thresholds  for  design  contests  so  as  to 
reflect 
the  limited  scope  of  the  GPA  as  compared  to  that  of 
Directive 92/50/EEC; 
the rendering  more  flexible  the  deadlines  following  publication 
of a  periodic indicative notice in all three Directives; 
the  rendering  more  flexible  the  provision  on  the  means  of 
transmission of tenders in all three Directives; 
the  insertion  of  a provision  on  non-discrimination  in  Directive 
93/36/EEC and in Directive 93/37/EEC; 
the introduction of a 5 000 000 ECU threshold for certain works 
contracts  which  do not  fall  under the field  of application  of the 
GPA. 

- 

- 

- 

II 

Analysis of the recitals and  articles. 

The  following  paragraphs  explain  the  amendments  which  have  been 
introduced. 

6. 

Recitals. 

The  third  recital  has  been  amended  to  make  it  clear  that  the  rights  of 
third-  country  firms  depend  only  on  the  GPA  and  not  on  the  amended 
Directives. It is also aimed at giving a clear picture of what is not covered 
by the GPA but does fall within the scope of the Directive and it likewise 
stresses that the  amendment  of the  Directive  cannot have  anything  to do 
in  non-member 
with  reciprocity  or  non-reciprocity  vis-à-vis 

firms 

signatory  countries.  The  Directive  deals  only  with  intra-Community 
relations,  i.e.  relations  between  contracting  entities  and  firms  within  the 
Community,  and does  not  create  any  rights  which  benefit  firms  in third 
countries; such rights can only flow from the GPA.  This should also help 
to  make  it  understood  that  the  Directive  can  be  amended  in  respect  of 
private  entities  (in  sectors  covered  by the  GPA or not) without  granting 
third-country  firms  access  to  contracts  put  up  for  tender  by  these 
contracting entities. 

A  new  ninth  recital  has  been  inserted  instead  of  the  earlier  proposed 
amendments  to  Article  14 (7)  of  Directive  92/50/EEC,  Article  8  (7)  of 
Directive  93/36/EEC  and  Article  10  (7)  of  Directive  93/37/EEC.  The 
purpose  of  the  recital  is  to  give  an  explicit  reminder  of  what  already 
follows  from  current  Community  law  as  applied  to  technical  advice.  In 
fact,  while  nothing  in current  Community  Law prevents  entities  seeking 
or  accepting  advice  which  may  be  used 
in  the  preparation  of 
specifications  for  a  particular  procurement  from  a  firm  that  could  take 
part  in  the  tender  procedure,  such  is  not  the  case  pursuant  to  current 
Community  Law,  where  so  doing  would  thus  prejudice  the  principle  of 
equal  treatment,  in particular,  by precluding  competition.  This being  the 
case, there is no need to amend the provisions of the Directives in order to 
take into account Article VI(4) of the GPA. 

A new recital has been inserted as number  10 to underline the importance 
of prompt payment  with a reference  to the steps to that end,  which have 
been recommended  in Commission Recommendation of  12 May  1995 on 
payment periods in commercial transactions. 

7.  Article 1 

Article  1 has  been  amended  in parallel  with the third  recital  and  for  the 
same purpose (see point 6 above). 

Amendments to Directive 92/50/EEC 

8. 

Article 7 (1) and (2) - thresholds. 

This  amendment  limits  the  changes  to  the  thresholds  so  that  these  are 
amended exclusively with regard to the contracts, which are subject to the 
GPA. 
The  second  indent  of  letter  a  introduces  the  new  thresholds,  which  are 
applicable to the  contracts  subject  to the GPA (i. e. the services  listed  in 
the  exception  of  R&D-services  and  certain 
Annex  I  A  with 
telecommunications  services), whereas the first indent applies to all other 
service  contracts  subject  to  the  Directive  (i.  e.  the  two just  mentioned 
categories  and  the  types  of  services  listed  in Annex  I B). The  threshold 
provided for in the first indent of letter a is unchanged. 
In  the  second  indent,  subparagraph  i  applies  to  the  central  State 
authorities 
to  Directive  93/36/EEC,  whereas 
subparagraph  ii  applies  to  all  other  contracting  authorities  subject  to  the 
Directive. 

in  Annex  I 

listed 

9. 

Article  12  (1)  and  (2)  Information  to  rejected  candidates  and 
tenderers. 

The  main  amendment  is the  new  formulation  of  paragraph  2,  which  is 
intended to align  it more closely  with the corresponding  provision  of the 
GPA.  In  paragraph  1,  the  requirement  on  information  regarding  other 
tenderers  has  furthermore  been  restricted  to  tenderers  having  made  an 
"admissible tender", in order to avoid abuses. 

- 6-

10.  Article 13 (1) and (2) thresholds applicable to design contests. 

These thresholds have been amended in the same way as the general pro 
vision  on  thresholds  in  Article  7  (1).  This  means  that  the  thresholds 
remain  unaltered  compared  to  those  currently  applicable  with  regard  to 
contracts not subject to the GPA. 

11.  Article 18 (2) Shortened deadlines in open procedures  following 

publication of an indicative notice. 

The amendments  are aimed at rendering the deadlines more flexible  and 
at changing them so that they will in all cases be calculated from the date 
of dispatch of the notice. 

12.  Article  19  (4)  Shortened  deadlines  in  restricted  or  negotiated 

procedures following publication of an indicative notice 

The amendments  are aimed  at rendering  the deadlines more flexible  and 
at changing them so that they will in all cases be calculated from the date 
of dispatch of the notice. 

13.  Article 23 Submission of tenders by electronic means. 

This  provision  has  been  simplified  so  that  it  now  limits  itself  to  the 
essential  conditions  to  be  met  where  Member  States  authorize  the 
submission  of tenders by means of transmission other than mail or direct 
delivery of a written tender. Other means of transmission may, in fact, be 
authorized where the means of transmission offer  sufficient  guarantees of 
ensuring confidentiality  and where the it can be ensured that the opening 
of  tenders  take  place  after  expiration  of  the  relevant  deadline.  Where 
necessary  for  reasons  of  legal  proof,  it  may  also  be  required  that  such 
tenders be confirmed  in writing or by dispatch of a certified copy. 

The  Commission  considers  that  the  necessary  confidentiality  can  be 
guaranteed  in  case  of  tenders  presented  on  diskette  or  on  any  other 
medium  and  submitted  under  cover  directly  or  by  mail.  In  line  with  its 
original  proposal,  the  Commission  also  continues  to  consider  that  it  is 
level  of 
technically  possible 
confidentiality  using  electronic  means,  in particular  electronic  mail,  for 
the submission of tenders. 

least  an  equivalent 

to  ensure  at 

The explicit  provision  of the original  proposal  that tenders  submitted  by 
telephone are not permitted, has been deleted because the economy of the 
text  now  proposed  renders  it  superfluous.  Such  means  of  transmission 
continues, of course, to be unacceptable. 

14. 

Article 38a 

The  terminology  of  this  Article  has  been  corrected,  in  that  reference  is 
made to the GPA instead of to the GATT-Agreement. 

Article 39 statistical obligations 

15. 
Besides  correcting  the  terminology  (reference  to  the  GPA),  the  main 
change is the new and clearer structuring of paragraph  1, letter a. In letter 
d,  reference  has  also  been  added  to  the  telecommunications  services  of 
category 8 which are not subject to the GPA. 

Article 2 Amendments to Directive 93/36/EEC 

16. 
The changes are purely of a drafting  nature. 

Article 5(1) thresholds. 

7-

Article 5 

17. 
A  new  paragraph  has  been  inserted  in  conformity  with  the  new  ninth 
recital (cf.  point 6 above). This and the corresponding change to Directive 
93/37/EEC will ensure that all the public procurement  directives  contain 
an explicit reminder of the general principles of equal treatment and non 
discrimination. 

18. 

Article 7 (1) and (2)  Information  to rejected  candidates 
and tenderers. 

See the comments to point 9 above. 

19. 

Article  10 (la)  Shortened  deadlines  in open  procedures 
following publication of an indicative notice. 

See the comments to point  11 above. 

20. 

Article  11  (3a)  Shortened  deadlines  in  restricted  or 
procedures  following  publication  of  an 
negotiated 
indicative notice. 

See the comments to point  12 above. 

21. 

Article  15  (3)  Submission  of  tenders  by  electronic 
means. 
See the comments to point  13 above. 

Article 29. 
22. 
The terminology has been corrected. 

Article 31 statistical  obligations 

23. 
The  main  change,  besides  the  correction  of the  terminology,  is the  new 
and clearer structure of paragraph 2, letter a. 

Article 3 Amendments  to directive 93/37/EEC. 

Article 6 (1) and (2) thresholds. 

24. 
The  main  change  consist  in  the  introduction  of  a  separate,  unchanged 
threshold  for  the  works  contracts  referred  to" in  Article  2(1)  (certain 
contracts  awarded  by  entities  other  than  contracting  authorities),  which 
are not covered by the GPA. 

Article 6 

25. 
A  new  paragraph  has  been  inserted  in  conformity  with  the  new  ninth 
recital (cf. point 6 above). This and the corresponding change to Directive 
93/36/EEC  (cf.  point  17  above)  will  ensure  that  all  the  public 
procurement  directives  contain  an  explicit  reminder  of  the  general 
principles of equal treatment and non-discrimination. 

26. 

Article  8 (1) and  (2) Information  to  rejected  candidates 
and  tenderers. 

See the comments to point 9 above. 

27. 

Article  12 (2)  Shortened  deadlines  in  open  procedures 
following  publication  of an indicative notice. 

See the comments to point  11 above. 

28. 

Article  13  (4)  Shortened  deadlines  in  restricted  or 
negotiated 
procedures  following  publication  of  an 
indicative notice. 

See the comments to point  12 above. 

- 8-

29. 

Article  18  (7)  Submission  of  tenders  by  electronic 
means. 

See the comments to point 13 above. 

30. 
The change simply corrects the terminology. 

Article 33a 

31. 
The changes are purely of a drafting nature. 

Article 34 Statistical obligations. 

Annex I 

32. 
The  central  Government  bodies  of  Austria,  Finland  and  Sweden  have 
been added to Annex I, which is otherwise unchanged. 

33. 

Article 4 Dates of entry into force. 

The date for implementation mentioned in paragraph 1  is provisional. 

Other provisions. 

34. 
The deletion of Article 7 (8) of Directive 92/50/EEC and Annexes II to 
IV  have  not  been  changed  as  compared  to  the  Commission's  original 
proposal. 

- 9-

Amended  proposal  for  a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 
amending 
Directive 92/50/EEC relating to the coordination of procedures for 
the award  of public service contracts, Directive 93/36/EEC 
coordinating procedures for  the award of public supply contracts, 
and Directive 93/37/EEC concerning  the coordination of procedures 
for the award of public works contracts 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION 
Having regard to the Treaty establishing the European Community and in 
particular Articles 57 (2), 66 and  100 A, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the Economic and Social Committee  , 

Actingin accordance with the procedure referred to in Article  189b of the 
Treaty  , 

Whereas  by  its  Decision  94/800/EC  concerning  the  conclusion  of  the 
multilateral  agreements  resulting  from  the  Uruguay  Round  of  trade 
,  the  Council  approved  on  behalf  of  the  European  Union 
negotiations 
inter  alia  the  Agreement  on  Government  Procurement,  hereinafter 
referred  to  as  "the  Agreement",  the  purpose  of  which  is  to  establish  an 
international framework of balanced rights and obligations with respect to 
government  procurement  with  a  view  to  achieving  liberalization  and 
expansion of world trade; 

Whereas  Directives  92/50/EEC,  93/36/EEC  and  93/37/EEC  coordinated 
the  national  procedures  relating  to  services,  supply  and  works contracts, 
in order to introduce equal conditions of competition for such contracts in 
all the Member States; 

Whereas, in view of the international  rights and commitments  devolving 
on the Union  as a result of the acceptance of the GPA, the  arrangements 
to be applied to tenderers and products from signatory third countries are 
those  defined  by  the  GPA,  the  scope  of  which  does  not,  in  the  case  of 
Directive 92/50/EEC, include service contracts listed in Annex I B,  R&D 
service  contracts  mentioned 
I  A, 
telecommunications  service contracts mentioned  in Category  5 of Annex 
I A whose  CPC  numbers  are 7524, 7525 and  7526 and  financial  service 
contracts  mentioned  in  Category  6 of Annex  I A  in connection  with  the 
issue,  sale,  purchase  or  transfer  of  securities  or  other  financial 
instruments, and central bank services; 

in  Category  8  of  Annex 

Whereas, certain provisions of the Agreement  introduce more  favourable 
conditions  for  tenderers  than  those  laid  down  in  Directives  92/50/EEC, 
93/36/EEC and 93/37/EEC; 

Whereas,  when  contracts  are  awarded  by  contracting  authorities  within 
the  meaning  of  the  agreement,  the  opportunities  for  access  to  public 

1 O. J. n. C ... 
20.  J. n.  C... 
30.  J. n.  C... 
40.  J. n. L 336 of 23.12.1994, p. 1 

- 1 0-

supplies,  works  and  service  contracts  available  under  the  Treaty  to 
undertakings  and  products  from  the  Member  States  must  be  at  least  as 
favourable  as  the  conditions  of  access  to  public  contracts  within  the 
Union  accorded  under  the  arrangements  contained  in  the  Agreement  to 
undertakings  and  products  from  third  countries  which  are  signatories  to 
the Agreement; 

Whereas it is therefore  necessary to adapt and supplement the provisions 
of Directives 92/50/EEC, 93/36/EEC and 93/37/EEC; 

Whereas  the  application  of  these  Directives  must  be  simplified  and  the 
equilibrium,  which  has  been  reached 
in  the  current  Community 
legislation in the field of public procurement must be maintained as far as 
possible; 

Whereas it is therefore  necessary to extend the applicability  of certain of 
the adaptations of the Directive 92/50/EEC to all die services covered by 
this Directive; 

Whereas  the  provision  in  Article  VI(4)  of  the  GPA  to  the  effect  that 
entities shall not seek or accept, in a manner which would have the  effect 
of precluding  competition,  advice which may be used  in the  preparation 
of specifications  for  a specific  procurement from a firm that may have a 
commercial  interest  in  the  procurement,  is  implicit  in  Article  3(2)  of 
Directive  92/50/EEC,  Article  5(7)  of  Directive  93/36/EEC  and  Article 
6(6) of Directive 93/37/EEC and whereas therefore  it is not appropriate to 
amend these Directives to that  effect; 

Whereas public authorities are aware of the consequences of late payment 
on the financial well-being of economic operators and in particular  small 
and  medium-sized  enterprises,  and  wish  to  be consistent  with  good  and 
fair  practice as well  as similar in their practice of prompt payment to the 
main  international  actors;  Whereas  steps  to  that  end  have  been 
recommended  in  Commission  Recommendation  of  12  May  1995  on 
payment periods in commercial transactions  ; 

HAVE ADOPTED THIS DIRECTIVE : 

Article 1 

Directive  92/50/EEC  is hereby  amended  as follows  without  prejudice  to 
the  international  rights  and  commitments  devolving  on  the  Union  as  a 
result  of  the  acceptance  of  the  GPA,  the  arrangements  to  be  applied  to 
tenderers and products from  signatory third countries are those defined by 
the  GPA,  the  current  scope  of  which  does  not,  in  the  case  of  Directive 
92/50/EEC, include  service  contracts  listed  in Annex  I B,  R&D  service 
contracts  mentioned  in  Category  8  of  Annex  I  A,  telecommunications 
service  contracts  mentioned  in  Category  5  of  Annex  I  A  whose  CPC 
numbers  are  7524,  7525  and  7526  and  financial  service  contracts 
mentioned  in Category 6 of Annex I A in connection with the issue, sale, 
purchase  or  transfer  of  securities  or  other  financial  instruments,  and 
central bank services: 

1. 

Article 7(1) and (2) are replaced by the following: 
" 1. 

This Directive shall apply to: 

(a) 

public  service  contracts  referred  to 
in  Article 
3(3),  public  service 
contracts  concerning  the  services 
referred  to  in  Annex  I  B,  the 

50.  J. n. L  127 of  10.6.1995, p. 19 

- 1 1-

the 

awarded  by 

services in category 8 in Annex I A 
telecommunications 
and 
services in category 5 of Annex  IA 
under  CPC  references  7524,  7525 
and  7526, 
the 
contracting  authorities  referred  to 
in Article 1(b), where the estimated 
value net of value added tax (VAT) 
is not less than ECU 200 000; 
public service contracts  concerning 
the services  referred  to in Annex I 
A  with 
the 
services  in  category  8  and  the 
in 
telecommunications 
category  5  under  CPC  references 
7524, 7525 and 7526, 
(i) 

the  exception  of 

services 

by 

I 

(ii) 

less 

than 

in  Annex 

the 
awarded 
authorities 
contracting 
I 
to 
listed 
Directive 
93/36/EEC 
where the estimated  value 
net  of  value  added  tax 
(VAT) is not less than the 
equivalent  in  ecus  of  130 
000 SDRs; 
the 
by 
awarded 
contracting 
authorities 
listed in Article  1(b) other 
than  those  referred  to  in 
to  Directive 
Annex 
93/36/EEC  and where the 
estimated  value  net  of 
value  added  tax  (VAT)  is 
the 
not 
equivalent  in  ecus  of  200 
000 SDRs. 
the  value  in ecus and  in national  currencies 
of the  thresholds fixed in paragraph  1 shall, 
in principle, be revised every two years with 
effect  from  1 January  1996. The  calculation 
of these values shall be based on the average 
daily values of these currencies expressed in 
ecus  and  of  the  ecus  expressed  in  special 
drawing 
the  24  months 
terminating  on  the  last  day  of  August 
immediately  preceding 
the  1  January 
revision; 
The method  of calculation  laid down  in this 
subparagraph  shall  be  reviewed,  on  a 
proposal  from  the  Commission,  by  the 
Public 
Advisory 
Procurement,  in principle two years after  its 
initial application. 
the thresholds laid down in subparagraph (a) 
and the  value of the thresholds  in ecus  and 
in  national  currencies  shall  be  published  in 
the  Official 
the  European 
Journal  of 
Communities  at the beginning  of the month 
of November which follows the revision laid 
down in subparagraph (b). 

rights  over 

Committee 

for 

(b) 

(c) 

2. 

3. 

- 1 2-

2. 

For the purposes  of  calculating  the estimated  value 
contract,  the  contracting  authority  shall 
of  the 
include  the  estimated  total  remuneration  of  the 
service provider, taking account of the provisions of 
paragraphs 3 to 7." 

Article 7(8) is hereby repealed. 

Article 12(1) and 2 are replaced by the following: 
"1. 

The  contracting  authority  shall, within  fifteen  days 
of  the  date  on  which  a  request  in  writing  is 
inform  any  eliminated  candidate  or 
received, 
tenderer  of 
the  reasons  for  rejection  of  his 
application  or his tender,  and any tenderer who  has 
made an admissible tender of the characteristics and 
relative advantages of the tender  selected as well as 
the name of the successful  tenderer. 
However,  contracting  authorities  may  decide  that 
certain  information  on the contract  award,  referred 
to in the preceding subparagraph be withheld where 
release  of  such  information  would  impede  law 
enforcement  or  otherwise  be  contrary  to  the  public 
legitimate 
interest  or  would  prejudice 
interests  of  particular  undertakings, 
commercial 
public  or  private,  or  might  prejudice 
fair 
competition between service providers. 
inform 
Contracting  authorities  shall  promptly 
candidates  and  tenderers  of the  decisions  taken  on 
contract  awards,  including  the  reasons  why  they 
have decided not to award a contract for which there 
has  been  an  invitation  to  tender  or  to  start  the 
procedure  again  and,  shall  do  so  in  writing  if 
required.  They  shall  also  inform  the  Office  for 
Official  Publications  of the European  Communities 
of such decisions." 

the 

2. 

4. 

Article 13(1) and (2) are replaced by the following: 
" 1. 

This Article shall apply to design contests organized 
as  part  of  a  procedure  leading  to  the  award  of  a 
service  contract  whose estimated  value net  of  VAT 
is not less than: 

the  threshold  laid  down  in  Article  7(1 )(a), 
first indent, as  regards the services  referred 
to in Annex I B, the services in category 8 in 
Annex  I  A  and  the  telecommunications 
services  in  category  5  of  Annex  I  A  under 
CPC  references  7524,  7525  and  7526, 
the  contracting  authorities 
awarded  by 
referred to in Article  1(b), or 
the  threshold  laid  down  in  Article  7(1 )(a), 
second 
indent,  (i)  as  regards  the  services 
referred  to  in Annex I A with the  exception 
of  the  services  in  category  8  and  the 
telecommunications  services  in  category  5 
under CPC references  7524, 7525 and 7526, 
awarded by the contracting authorities  listed 
in Annex I to Directive 93/36/EEC, or 
the  threshold  laid  down  in  Article  7(1 )(a), 
second 
indent,  (ii)  as  regards  the  services 
referred  to  in Annex  I A with the  exception 
of  the  services  in  category  8  and  the 

- 1 3-

telecommunications  services  in  category  5 
under CPC references  7524, 7525 and 7526, 
awarded by the contracting authorities  listed 
in Article  1(b) other than those referred  to in 
Annex I to Directive 93/36/EEC." 

2. 

This Article shall apply to all design contests where 
the total  amount  of contest prizes and payments  to 
participants is not less than: 

the  threshold  laid  down  in  Article  7(1 )(a), 
first indent, as  regards the services  referred 
to in Annex I B, the services in category 8 in 
Annex  I  A  and  the  telecommunications 
services  in  category  5  of  Annex  I  A  under 
CPC  references  7524,  7525  and  7526, 
awarded  by 
the  contracting  authorities 
referred to in Article 1(b), or 
the  threshold  laid  down  in  Article  7(1 )(a), 
second 
indent,  (i)  as  regards  the  services 
referred  to in Annex I A with the  exception 
of  the  services  in  category  8  and  the 
telecommunications  services  in  category  5 
under CPC references  7524, 7525 and 7526, 
awarded by the contracting authorities  listed 
in Annex I to Directive 93/36/EEC, or 
the  threshold  laid  down  in  Article  7(1 )(a), 
second 
indent,  (ii)  as  regards  the  services 
referred  to in Ajinex  I A with the  exception 
of  the  services  in  category  8  and  the 
telecommunications  services  in  category  5 
under CPC references  7524, 7525 and 7526, 
awarded by the contracting authorities listed 
in Article  1(b) other than those referred  to in 
Annex I to Directive 93/36/EEC." 

Article 18(2) is replaced by the following: 
"2. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  1  may  be  • replaced  by  a  period 
sufficiently  long  to  permit  responsive  tendering, 
which,  as  a  general  rule,  shall  be  not  less  than  36 
days, but in any case not less than 22 days, from the 
date on which the contract notice was dispatched,  if 
the  contracting  authorities  have  sent  the  indicative 
notice  drafted  in  accordance  with  the  model  in 
Annex  III  A  (Prior  information),  provided  for  in 
Article  15(1),  to 
the 
European  Communities  within  a  minimum  of  52 
days  and  a maximum  of twelve  months  before  the 
date  on  which  the  contract  notice  provided  for  in 
Article  15(2) was dispatched to the OJEC, provided 
that  the  indicative  notice  contained,  in  addition,  at 
least  as  much  of  the  information  referred  to  in  the 
model  notice  in  Annex  III  B  (Open  procedure)  as 
was  available  at  the  time  of  publication  of  the 
notice." 

the  Official  Journal  of 

Article 19(4) is replaced by the following: 
"4. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  3  may  be reduced  to  26 days where  the 
contracting  authorities  have  sent  the  indicative 
notice  drafted  in  accordance  with  the  model  in 
Annex  III  A  (Prior  information)  provided  for  in 

5. 

6. 

- 1 4-

Article  15(1) to the Official  Journal of the European 
Communities  within  a  minimum  of  52  days  and  a 
maximum  of  twelve  months  before  the  date  on 
which  the  contract  notice  provided  for  in  Article 
15(2) was dispatched to the OJEC, provided that the 
prior  information  notice  contained,  in  addition,  at 
least  as  much  of  the  information  referred  to  in  the 
model  in  Annex  III  C  (Restricted  procedure)  or, 
(Negotiated 
where  applicable,  Annex 
time  of 
procedure)  as  was  available  at 
publication of the notice." 

III  D 

the 

7. 

The following paragraph is added to Article 23: 
"2. 

Tenders shall be submitted in writing, directly or by 
mail.  Member States may authorize the submission 
of tenders by any other means making it possible to 
ensure: 

is 

the  confidentiality  of 

that each tender contains all the  information 
necessary  for its evaluation; 
that 
tenders 
maintained pending  their evaluation, and 
if necessary, for  reasons of  legal proof,  that 
such 
tenders  are  confirmed  as  soon  as 
possible  in  writing  or  by  the  dispatch  of  a 
certified copy; 
that the opening of tenders takes place  after 
expiry  of  the time limit  laid down for  their 
submission." 

The following Article 38a is added: 

8. 
"Article 38a 
For  the  purposes  of  the  award  of  public  contracts  by  contracting 
authorities,  Member  States  shall  apply  in  their  relations  conditions  as 
favourable  as those which they grant to third countries in  implementation 
of the GPA. Member States shall to this end consult each other within the 
Advisory  Committee  for  Public  Contracts  on  the  measures  to  be  taken 
pursuant to the Agreement." 

9. 

Article 39 is replaced by the following: 
"1. 

In  order  to  permit  assessment  of  the  results  of 
applying  this  Directive,  Member  States  shall 
forward  to the Commission, by 31 October  1997 at 
the latest for the preceding year and thereafter  by 31 
October  of  every  year,  a  statistical  report  on  the 
service contracts awarded by contracting authorities. 
This report shall detail at least: 
(a) 

in the case of contracting authorities listed in 
Annex I to  Directive 93/36/EEC: 

2. 

below 

the  estimated  overall  value  of 
contracts  awarded 
the 
threshold  by  each  contracting 
authority; 
the number  and  value  of  contracts 
awarded  above  the  threshold  by 
authority, 
each 
subdivided  as  far  as  possible  by 
procedure,  category  of  service 
according 
the  nomenclature 
referred  to  in  Annex  I  and  the 
nationality  of  the  service  provider 
to  whom  the  contract  has  been 

contracting 

to 

(b) 

(c) 

(d) 

- 1 5-

awarded  and, 
the  case  of 
in 
negotiated  procedures,  subdivided 
in  accordance  with  Article  11, 
listing  the  number  and  value  of 
contracts awarded to each  Member 
State and to third countries; 

in 
the  case  of  all  other  contracting 
authorities subject to  this Directive, for each 
category  of  contracting  authority, 
the 
number  and  value  of  contracts  awarded 
above  the  threshold,  subdivided,  as  far  as 
possible,  by  procedure,  category  of  service 
according to the nomenclature referred  to in 
Annex  I  and  the  nationality  of  the  service 
provider  to  whom  the  contract  has  been 
awarded  and,  in  the  case  of  negotiated 
procedures,  subdivided  in  accordance  with 
Article  11,  listing  the  number  and  value  of 
contracts awarded to each Member State and 
to third countries; 
in the case of contracting authorities listed in 
Annex  I  to  Directive  93/36/EEC,  the 
number and total value of contracts awarded 
by contracting  authorities under  derogations 
to  the  GPA;  in  the  case  of  all  other 
this 
contracting  authorities 
subject 
Directive, 
total  value  of  contracts 
awarded  by  each  category  of  contracting 
authority under derogations to the GPA; 
any  other  statistical 
to  be 
information, 
pursuant  to  the  procedure 
determined 
provided  for  in  Article  40(3),  which  is 
required in accordance with the GPA. 
The  statistical  information  required  under 
this  paragraph  shall  not  concern  contracts 
having  as  their  object  services  listed  in 
category 
the 
telecommunications  services  in  category  5 
under CPC references  7524, 7525 and 7526, 
or the services listed in Annex I B, provided 
that  their  estimated  value,  net  of  VAT,  is 
less than ECU 200 000. 

8  of'  Annex 

I  A, 

the 

to 

3. 

The  Commission  shall  determine,  in  accordance 
with the  procedure  laid  down  in Article  40(3), the 
nature  of  any  statistical  information  required  under 
this Directive." 

10. 

In Annex III, the models are replaced by those set out in 
Annex II to  this Directive. 

Article 2 

Directive 93/36/EEC is hereby amended as follows: 

1. 

Article 5(1) is replaced by the following: 
"1. 

(a) 

Titles  II,  III  and  IV  and  Articles  6  and  7 
shall  apply  to 
public  supply  contracts 
awarded by: 
(i) 

the  contracting  authorities  referred 
including 
to 
the 
by 
contracts 

in  Article 

awarded 

1(b), 

- 1 6-

listed 

contracting  authorities 
in 
Annex  I  in  the  field  of  defence 
insofar  as products  not  covered  by 
Annex II are concerned,  where  the 
estimated value net of value  added 
tax  (VAT)  is  not  less  than  the 
equivalent  in  ecus  of  200  000 
SDRs; 
the contracting  authorities  listed  in 
Annex I  whose estimated value net 
of  value  added  tax  (VAT)  is  not 
less than  the  equivalent  in  ecus  of 
130  000  SDRs;  in  the  case  of 
contracting  authorities  in  the  field 
of defence, this  shall apply  only to 
contracts 
products 
involving 
covered by Annex II. 

(ii) 

(b) 

(c) 

(d) 

This  Directive  shall  apply  to  public  supply 
contracts  whose  estimated  value  equals  or 
exceeds the threshold  concerned  at the time 
of  publication  of  the  notice  in  accordance 
with Article 9(2). 
The value in ecus and in national  currencies 
of the  thresholds  laid  down  in paragraph  1 
shall,  in  principle,  be  revised  every  two 
years  with  effect  from  1 January  1988. The 
calculation of these values shall be based on 
the  average  daily  values  of these  currencies 
expressed  in  ecus  and  of  the  ecu  expressed 
in special drawing rights over the 24 months 
terminating  on  the  last  day  of  August 
the  1  January 
immediately  preceding 
revision. 
The method  of calculation  laid down in this 
subparagraph  shall  be  reviewed,  on  a 
proposal  from  the  Commission,  by  the 
Advisory  Committee  for  Public  Contracts, 
in  principle 
initial 
two  years  after 
application. 
The thresholds laid down in paragraph  1  and 
the  values  of  the  thresholds  expressed  in 
ecus  and  in  national  currencies  shall  be 
published  in  the  Official  Journal  of  the 
European  Communities  at  the  beginning  of 
the  month  of November  which  follows  the 
revision  laid  down  in  the  first  paragraph  of 
subparagraph (c)." 

its 

2. 

3. 

The following new paragraph is added to Article 5: 
"7. 

Contracting  authorities  shall  ensure  that  there  is no 
discrimination between the various suppliers." 

Article 7(1) and (2) are replaced by the following: 
"1. 

The  contracting  authority  shall,  within  15  days  of 
the  date  on  which  the  request  is  received,  inform 
any  eliminated  candidate or tenderer  of the  reasons 
for rejection  of his application or his tender and any 
tenderer  who  has made an admissible  tender  of the 
characteristics  and relative advantages of the tender 
selected  as  well  as  the  name  of  the  successful 
tenderer. 

- 1 7-

However,  contracting  authorities  may  decide  that 
certain  information  on the contract  award,  referred 
to  in the preceding  subparagraph,  shall be withheld 
where  release  of  such  information  would  impede 
law  enforcement  or  otherwise  be  contrary  to  the 
public  interest  or  would  prejudice  the  legitimate 
commercial  interests  of  particular  undertakings, 
public  or  private,  or  might  prejudice 
fair 
competition between suppliers. 
inform 
Contracting  authorities  shall  promptly 
candidates  and  tenderers  of the  decisions taken  on 
contract  awards,  including  the  reasons  why  they 
have decided not to award a contract for which there 
has  been  an  invitation  to  tender  or  to  start  the 
procedure  again,  and  shall  do  so  in  writing  if 
requested.  They  shall  also  inform  the  Office  for 
Official  Publications  of the European  Communities 
of such decisions." 

2. 

The following paragraph is inserted in Article 10: 
"la. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  1  may  be  replaced  by  a  period 
sufficiently  long  to  permit  responsive  tendering, 
which,  as  a  general  rule,  shall  be  not  less  than  36 
days, but in any case not less than 22 days, from the 
date on which the contract notice was dispatched, if 
the  contracting  authorities  have  sent  the  indicative 
notice  drafted  in  accordance  with  the  model  in 
Annex  IV  A  (Prior  information),  provided  for  in 
Article 9(1), to the Official  Journal of the European 
Communities  within  a  minimum  of  52  days  and  a 
maximum  of  twelve  months  before  the  date  on 
which  the  contract  notice  provided  for  in  Article 
9(2) was dispatched  to the OJEC, provided that  the 
indicative  notice  contained,  in  addition,  at  least  as 
much  of  the  information  referred  to  in  the  model 
notice  in  Annex  IV  B  (Open  procedure)  as  was 
available at the time of publication of the notice." 

The following paragraph  is inserted in Article 11: 
"3 a. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  3  may  be  reduced  to  26  days  if  the 
contracting  authorities  have  sent  the  indicative 
notice  drafted  in  accordance  with  the  model  in 
Annex  IV  A  (Prior  information),  provided  for  in 
Article 9(1), to the Official  Journal of the European 
Communities  within  a minimum  of  52  days  and  a 
maximum  of  twelve  months  before  the  date  on 
which  the  contract  notice  provided  for  in  Article 
9(2) was dispatched to the OJEC, provided  that the 
indicative  notice  contained,  in  addition,  at  least  as 
much of the information  referred  to in the model  in 
Annex  IV  C  (Restricted  procedure),  or,  where 
applicable,  Annex  IV  D  (Negotiated  procedure)  as 
was  available  at  the  time  of  publication  of  the 
notice." 

4. 

5. 

6. 

The following paragraph  is added to Article 15: 
"3. 

Tenders shall be submitted in writing, directly or by 
mail.  Member States may authorize the submission 

Article 29 is replaced by the following: 
"1. 

- 1 8-

of tenders by any other means making it possible to 
ensure: 

is 

the  confidentiality  of 

that each tender contains all the  information 
necessary  for its evaluation; 
that 
tenders 
maintained pending  their evaluation, and 
if necessary,  for  reasons of  legal proof,  that 
such 
tenders  are  confirmed  as  soon  as 
possible  in  writing  or  by  the  dispatch  of  a 
certified  copy; 
that the opening  of tenders takes place  after 
expiry  of  the time limit  laid down  for  their 
submission." 

The  Commission  shall  examine  the  application  of 
in  consultation  with  the  Advisory 
this  Directive 
for  Public  Contracts  and  where 
Committee 
appropriate  shall  submit  new  proposals  to  the 
Council  with  the  aim  in  particular  of  harmonizing 
the  measures  taken  by  the  Member  States  for  the 
implementation of this Directive. 
The Commission shall review this Directive and any 
new  measures  which  may  be  adopted  by  virtue  of 
paragraph  1,  having  regard  to  the  results  of  the 
further negotiations provided for in Article XXIV(7) 
if  necessary,  submit 
of 
appropriate proposals to the Council. 
The  Commission  shall  update  Annex 
in 
accordance with the  procedure laid down in Article 
rectifications, 
the  basis  of  any 
32(2),  on 
modifications  or  amendments  made  thereto  and 
shall  have  the  updated  version  published  in  the 
Official  Journal of the European Communities." 

the  GPA  and  shall, 

I, 

Article 31 is replaced by the following: 
"1. 

In  order  to  permit  assessment  of  the  results  of 
applying  this  Directive,  Member  States  shall 
forward  to  the  Commission,  not  later  than  31 
October  1996  and  in  respect  of  the  contracting 
authorities  not  listed  in  Annex  I  31  October  1997 
and  thereafter  31  October  of  each  year  for  the 
preceding  year,  a  statistical  report  on  the  supply 
contracts awarded by contracting authorities. 
The statistical report shall detail at least: 
(a) 

in the case of contracting authorities listed in 
Annex I: 

2. 

3. 

2. 

below 

the  estimated  overall  value  of 
contracts  awarded 
the 
threshold  by  each  contracting 
authority; 
the  number  and  value  of  contracts 
awarded  above  the  threshold  by 
each 
authority 
subdivided  as  far  as  possible  by 
procedure,  category  of  product 
according 
the  nomenclature 
referred  to  in  Article  9(1)  and  the 
nationality of the supplier to whom 
the contract has been awarded  and, 
negotiated 
in 

contracting 

case 

the 

of 

to 

- 1 9-

subdivided 

procedures, 
in 
accordance  with  Article  6,  listing 
the  number  and  value  of  contracts 
awarded to each Member State and 
to third countries; 

(c) 

(b) 

the  case  of  all  other  contracting 
in 
authorities subject to  this Directive, for each 
category  of  contracting  authority, 
the 
number  and  value  of  contracts  awarded 
above  the  threshold,  subdivided,  as  far  as 
possible,  by procedure,  category  of  product 
according to the nomenclature referred  to in 
Article  9(1)  and  the  nationality  of  the 
supplier  to  whom  the  contract  has  been 
awarded,  subdivided  in  accordance  with 
Article 6, listing the number and value of the 
contracts awarded to each Member State and 
to third countries; 
in the case of contracting authorities listed in 
Annex I,  the number and value of contracts 
awarded  by  contracting  authorities  under 
derogations  to  the  GPA;  in  the  case  of  all 
other  contracting  authorities  subject  to  this 
Directive, 
total  value  of  contracts 
awarded  by  each  category  of  contracting 
authority under derogations to the GPA. 
to  be 
information, 
any  other  statistical 
determined 
pursuant  to  the  procedure 
provided  for  in  Article  32(2),  which  is 
required in accordance with the GPA. 
The  Commission  shall  determine,  in  accordance 
with the  procedure  laid  down  in Article  32(2), the 
nature  of  any  statistical  information  required  under 
this Directive." 

the 

(d) 

3. 

Annex I is replaced  by Annex I to this Directive  and in 
Annex  IV  the  models  are  replaced  by  those  set  out  in 
Annex III to this Directive. 

9. 

Article 3 

Directive 93/37/EEC is hereby amended as follows; 

1. 

Article 6(1) and (2) are replaced by the following: 
" 1. 

This Directive shall apply to: 
(a) 

(b) 

2. 

(a) 

public  works  contracts  whose  estimated 
value  net  of  VAT  is  not  less  than  the 
equivalent in ecus of 5 000 000 SDRs; 
public works contracts referred  to  in Article 
2(1)  whose  estimated  value  net  of  VAT  is 
not less than ECU 5 000 000. 
The value in ecus and in national  currencies 
of  the  threshold  laid  down  in  paragraph  1 
shall in principle be revised every two years 
with  effect  from  1  January  1996.  The 
calculation  of  this  value  shall  be  based  on 
the  average  daily  values  of 
the  ecu 
expressed  in  special  drawing  rights  and  of 
the  national  currencies  expressed  in  ecus 
over  the  24  months  terminating  on  the  last 

-20-

day  of August  immediately  preceding  the 1 
January revision. 
The threshold  laid down in paragraph  1 and 
the value of  the threshold expressed in ecus 
and in national currencies shall be published 
in  the  Official  Journal  of  the  European 
Communities  at the beginning  of the month 
of  November  which  follows  the  above-
mentioned revision, 
The  method  of  calculation  laid  down  in 
subparagraph  (a)  shall  be  reviewed,  on  a 
proposal  from  the  Commission,  by  the 
Advisory  Committee  for  Public  Contracts, 
in  principle  two  years  after 
initial 
application." 

its 

(b) 

The following new paragraph is added to Article 6: 

2. 
"Contracting  authorities  shall  ensure  that  there  is  no  discrimination 
between the various contractors." 

Article 8(1) and (2) is replaced by the following: 
" 1. 

The  contracting  authority  shall,  within  15  days  of 
the  date  on  which  a  written  request  is  received, 
inform  any  eliminated  candidate  or  tenderer  of  the 
reasons for rejection of his application or his tender, 
and,  any  tenderer  who  has  made  an  admissible 
tender of the characteristics  and relative  advantages 
of  the  tender  selected  as  well  as  the  name  of  the 
successful  tenderer. 
However,  contracting  authorities  may  decide  that 
certain  information  on the contract  award,  referred 
to in the preceding subparagraph, be withheld where 
release  of  such  information  would  impede  law 
enforcement  or  otherwise  be  contrary  to  the  public 
legitimate 
interest  or  would  prejudice 
commercial  interests  of  particular  undertakings, 
public  or  private,  or  might  prejudice 
fair 
competition between contractors." 
Contracting  authorities  shall  promptly 
inform 
candidates  and  tenderers  of the decisions  taken  on 
contract  awards,  including  the  reasons  why  they 
have decided not to award a contract for which there 
has  been  an  invitation  to  tender  or  to  start  the 
procedure  again,  and  shall  do  so  in  writing  if 
requested.  They  shall  also  inform  the  Office  for 
Official  Publications  of the European  Communities 
of such decisions." 

the 

2. 

Article 12(2) is replaced by the following: 
"2. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  1  may  be  replaced  .by  a  period 
long  to  permit  responsive  tendering, 
sufficiently 
which,  as  a  general  rule,  shall  be  not  less  than  36 
days, but in any case not less than 22 days, from  the 
date on which the contract notice was dispatched, if 
the  contracting  authorities  have  sent  the  indicative 
notice  provided  for  in  Article  11(1),  drafted  in 
accordance  with  the  model  in  Annex  IV  A  (Prior 
information), to the Official  Journal of the European 
Communities  within  a minimum  of  52  days  and  a 
maximum  of  twelve  months  before  the  date  on 

3. 

4. 

5. 

6. 

- 2 1-

which  the  contract  notice  provided  for  in  Article 
11(2) was dispatched to the OJEC, provided that the 
indicative  notice  contained,  in  addition,  at  least  as 
much  of  the  information  referred  to  in  the  model 
notice  in  Annex  IV  B  (Open  procedure)  as  was 
available at the time of publication of the notice." 

Article 13(4) is replaced by the following: 
"4. 

The  time  limit  for  receipt  of  tenders  laid  down  in 
paragraph  3  may  be  reduced  to  26  days  if  the 
contracting authorities have sent the notice provided 
for  in  Article  11(1) drafted  in  accordance  with  the 
model  in Annex IV A to the Official  Journal  of the 
European  Communities  within  a  minimum  of  52 
days  and  a maximum  of  twelve  months  before  the 
date  on  which  the  contract  notice  provided  for  in 
Article  11(2)  was  dispatched,  provided  that  the 
indicative  notice  contained,  in  addition,  at  least  as 
much  of  the  information  referred  to  in  the  model 
notice  in  Annex  IV  C  (Restricted  procedure),  or, 
(Negotiated 
where  applicable,  Annex 
procedure)  as  was  available  at 
time  of 
publication of the notice." 

IV  D 

the 

The following paragraph  is added to Article 18: 
"2. 

Tenders shall be submitted in writing, directly or by 
mail.  Member States may authorize the submission 
of tenders by any other means making it possible to 
ensure: 

is 

the  confidentiality  of 

that each tender contains all the  information 
necessary  for its evaluation; 
that 
tenders 
maintained pending  their evaluation, and 
if necessary,  for  reasons  of  legal proof, that 
tenders  aire  confirmed  as  soon  as 
such 
possible  in  writing  or  by  the  dispatch  of  a 
certified  copy; 
that the opening  of tenders takes place  after 
expiry  of  the time limit  laid down  for  their 
submission." 

The following Article 33a is inserted: 

7. 
"Article 33a 
For  the  purposes  of  the  award  of  public  contracts  by  contracting 
authorities,  Member  States  shall  apply  in  their  relations  conditions  as 
favourable  as those which they grant to third countries in implementation 
of the GPA. Member States shall to this end consult each other within the 
Advisory  Committee  for  Public  Contracts  on  the  measures  to  be  taken 
pursuant to the Agreement." 

8. 

Article 34 is replaced by the  following: 
"1. 

In  order  to  permit  assessment  of  the  results  of 
applying  this  Directive,  Member  States  shall 
forward  to the Commission, by  31 October  1997 at 
the latest for the preceding year and thereafter  by 31 
October  of  every  year,  a  statistical  report  on  the 
works contracts awarded by contracting authorities. 
By  way  of  minimum 
the 
(a) 
statistical  reports  shall  specify  the  number 
and  value  of  contracts  above  the  thresholds 
individual  contracting  authorities  or 
by 

information, 

2. 

22- 

/ - 2 5-

groups  of  contracting  authorities.  Contracts 
shall  be  subdivided  by  procedure,  category 
of work, and the nationality of the contractor 
to  whom  the  contract  has  been  awarded. 
Where  negotiated  procedures  have  been 
followed,  the number and value of contracts 
awarded  to  individual  Member  States  or 
third  countries 
in 
accordance with Article 7. 

shall  be 

specified 

in 

the 

least 

II  and 

the  nationality  of 

(b)  Where  contracting  entities  are  listed  in 
Annex I to  Directive 93/36/EEC, the reports 
shall  contain  at 
following 
information: 
the total value of contract  awards below the 
threshold, 
the  number  and  value  of 
contracts  awarded  below  the  threshold,  the 
number  and  value  of  contracts  awarded 
above  the  threshold,  subdivided  as  far  as 
possible  by  procedure,  category  of  work 
according to the nomenclature  referred  to in 
Annex 
the 
contractor  to  whom  the  contract  has  been 
awarded; 
the  case  of  negotiated 
procedures  subdivided  in  accordance  with 
Article 7, listing the number and value of the 
contracts awarded to each Member State and 
likewise 
to  third  countries.  They  shall 
contain: 
in the case of contracting authorities listed in 
Annex I to  Directive 93/36/EEC, the reports 
shall contain details on the number and total 
value  of  contracts  awarded  by  contracting 
authorities under derogations to the GPA; 
any  other  statistical 
to  be 
to  the  procedure 
determined 
provided  for  in  Article  35(3),  which  is 
required in accordance with the GPA. 
The  Commission  shall  determine,  in  accordance 
with  the  procedure  laid down  in Article  35(3), the 
nature  of  any  statistical  information  required  under 
this Directive." 

information, 

pursuant 

(d) 

(c) 

3. 

9. 

In Annex IV, the models are replaced by those set out in 
Annex IV to  this Directive 

Article 4 
1. 

2. 

reference 

Member  States  shall  bring  into  force  the  laws,  regulations 
and  administrative  provisions  necessary  to  comply  with 
this Directive before  1 January  1997. They  shall  forthwith 
inform the Commission thereof. 
When  Member  States  adopt  these  provisions,  they  shall 
contain  a 
this  Directive  or  shall  be 
accompanied  by  such  reference  qn  the  occasion  of  their 
official  publication. The methods for making such  reference 
shall be laid down by Member States. 
Member  States  shall  communicate  to  the  Commission  the 
main  provisions  of  national  law  which  they  adopt  in  the 
field  covered  by  this  Directive  and  a  correlation  table 
between this Directive and the national provisions adopted. 

to 

Article 5 
This Directive is addressed to the Member States. 

24 

ANNEXI 
LIST  OF  CONTRACTING  AUTHORITIES  SUBJECT  TO  THE  GOVERNMENT 
PROCUREMENT  AGREEMENT  (GPA)  IN  ACCORDANCE  WITH  ANNEX  I 
THERETO (CENTRAL GOVERNMENT AUTHORITIES) 

BELGIQUE 

L'Etat Fédéral: 

Services du Premier Ministre 
Ministère des Affaires  économiques 
Ministère des Affaires  étrangères, du Commerce extérieur et de la 
Coopération au Développement 
Ministère de  l'Agriculture 
Ministère des Classes moyennes 
Ministère des Communications et de  l'Infrastructure 
Ministère de la Défense  nationale1 
Ministère de l'Emploi et du Travail 
Ministère des Finances 
Ministère de l'Intérieur et de la Fonction publique 
Ministère de la Justice 
Ministère de la Santé publique et de  l'Environnement 
la Poste2; 
la Régie des Bâtiments; 
le Fonds des Routes; 

B. 

L'Office  national de Sécurité Sociale; 
L'Institut national d'Assurances sociales pour Travailleurs  indépendants; 
L'Institut national d'Assurance  Maladie-Invalidité; 
L'Office  national des Pensions; 
La Caisse auxiliaire d'Assurance  Maladie-Invalidité; 
Le Fonds des Maladies  professionnelles; 
L'Office  national de l'Emploi. 

DENMARK 

1. 
2. 
3. 
4. 

Prime Minister's  Office 
Ministry of Labour 
Ministry of Foreign  Affairs 
Ministry of Housing 

two departments; 
five directorates and institutions; 
(three departments); 
five directorates and institutions; 

1 Non-warlike  materials  contained  in Annex  II 
2Activités postales visées  par  la  loi du 24 décembre  1993 

5. 

6. 

7. 

8. 
9. 

25 

Ministry of Energy 

Ministry of Finance 
(two departments) 

one directorate and Research 
Establishment  "Risoe". 
four directorates and  institutions 
including the Directorate  for 
Government  Procurement 
five other institutions; 
five directorates and institutions; 

Ministry of Taxes and Duties 
(two  departments) 
Ministry of Fisheries 
Ministry of Industry 
(Full name:  Ministry of Industry, Trade, Handicraft  and Shipping); 

four institutions; 
nine directorates and institutions 

- 
- 

10.  Ministry of the Interior 

11.  Ministry of Justice 

12.  Ministry of Ecclesiastical  Affairs 
13.  Ministry of Agriculture 
14.  Ministry of Environment 
15.  Ministry of Cultural  Affairs 

16.  Ministry of Social  Affairs 
17.  Ministry of Education 

18.  Ministry of Economic  Affairs 
(three departments); 
19.  Ministry of  Defence 
20.  Ministry of Health 

21.  Ministry for Research & Technology 
22.  Ministry of Transport 

23 
24 
25. 

Ministry for  Communication  and Tourism 
Ministry for Business Policies  Coordination 
Folketinget  (Parliament) 

Danish National Civil  Defence 
Directorate 
one directorate; 
Office  of the Chief of Danish Police 
five other directorates and institutions; 

nineteen directorates and institutions; 
five directorates; 
three directorates and several state-
owned  museums and higher  education 
institutions; 
four  directorates 
six directorates 
twelve universities and other higher 
education institutions; 

several institutions including  State 
Serum Institut and University Hospital of 
Copenhagen; 

25 directorates, departments and 
Institutions; 

FEDERAL REPUBLIC OF GERMANY 

3Non-warIike materials  contained  in Annex  II 
4With  the exception  of  the Telecommunications  services of the postal-  and  telegraphic  service. 

26 

List of central purchasing  entities 

Federal Foreign  Office 
Federal Ministry of Labour and Social  Affairs 
Federal Ministry of Education and Science 
Federal Ministry for Food, Agriculture and Forestry 
Federal Ministry of Finance 
Federal Ministry for Research and Technology 
Federal Ministry of the Interior (civil goods only) 
Federal Ministry of Health 
Federal Ministry for Women and Youth 
Federal Ministry for Family Affairs  and Senior Citizens 
Federal Ministry of Justice 
Federal Ministry for Regional Planning, Building and Urban  Development 
Federal Ministry of Post and Telecommunications5 
Federal Ministry of Economic  Affairs 
Federal Ministry for Economic  Co-operation 
Federal Ministry of  Defence 
Federal Ministry of Environment, Nature Conservation and Reactor  Safety 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 

Note 

According to existing national obligations, the entities contained in this list must, in  conformity 
with special procedures, award contracts to certain groups in order to remove difficulties  caused 
by the last war. 

ESPANA 

Lista de  entidades 

Ministerio de Asuntos Exteriores 
Ministeriô de Justicia 
Ministerio de  Defensa 
Ministerio de Economia y Hacienda 
Ministerio del Interior 
Ministerio de Obras Pûblicas, Transportes y Medio Ambiente 
Ministerio de Educaciôn y Ciencia 
Ministerio de Trabajo  y Seguridad  Social 
Ministerio de Industria y Energia 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10.  Ministerio de Agricultura, Pesca y Alimentaciôn 

Except telecommunication  equipment 
6  Non-warlike  materials  contained  in Annex  II 
Non-warlike  materials  contained  in Annex II 

27 

11.  Ministerio de la Presidencia 
12.  Ministerio para las Administraciones  Pûblicas 
13.  Ministerio de Cultura  • 
14.  Ministerio de Comercio y Turismo 
15.  Ministerio de Sanidad y Consumo 
16.  Ministerio de Asuntos  Sociales 

FRANCE 

1. 

Principales  entités  acheteuses 

A. 

Budget  général 

Services du Premier Ministre 
Ministère des Affaires  Sociales, de la Santé et de la Ville 
Ministère de l'Intérieur  et de l'Aménagement  du Territoire 
Ministère de la Justice 
Ministère de la  Défense 
Ministère des Affaires  Etrangères 
Ministère de l'Education  Nationale 
Ministère de  l'Economie 
Ministère de l'Industrie, des Postes et Télécommunications  et du Commerce 
Extérieur 
Minitère de l'Equipement,  des Transports et du Tourisme 
Ministère des Entreprises et du Développement Economique, chargé des 
Petites et Moyennes Entreprises et du Commerce et de  l'Artisanat 
Ministère du Travail, de l'Emploi et de la Formation  Professionnelle 
Ministère de la Culture et de la Francophonie 
Ministère du Budget 
Ministère de l'Agriculture  et de la Pêche 
Ministère de l'Enseignement  Supérieur et de la Recherche 
Ministère de  l'Environnement 
Ministère de la Fonction  Publique 
Ministère du Logement 
Ministère de la Coopération 
Ministère des Départements et Territoires  d'Outre-Mer 
Ministère de la Jeunesse et des Sports 
Ministère de la  Communication 
Ministère des anciens Combattants et Victimes de Guerre 

B. 

Budget  annexe 

On peut notamment  signaler: 

28 

Imprimerie Nationale; 

C. 

Comptes spéciaux du Trésor 

On peut notamment  signaler: 

Fonds forestiers  national; 
Soutien financier  de l'industrie cinématographique  et de l'industrie  des 
programmes audio-visuels; 
Fonds national d'aménagement  foncier et d'urbanisme; 
Caisse autonome de la reconstruction. 

Etablissements publics  nationaux à caractère administratif 

Académie de France à Rome; 
Académie de marine; 
Académie des sciences  d'Outre-Mer; 
Agence centrale des organismes de sécurité sociale (A.C.O.S.S.); 
Agences financières  de bassins; 
Agence nationale pour l'amélioration des conditions de travail (A.N.A.C.T.); 
Agence nationale pour l'amélioration  de l'habitat (A.N.A.H.); 
Agence nationale pour l'emploi (A.N.P.E.); 
Agence nationale pour l'indemnisation  des français  d'Outre-Mer 
(A.N.I.F.O.M.); 
Assemblée permanente des chambres d'agriculture  (A.P.C.A.); 
Bibliothèque nationale; 
Bibliothèque nationale et universitaire de Strasbourg; 
Bureau d'études des postes et télécommunications  d'Outre-Mer 
(B.E.P.T.O.M.); 
Caisse des dépôts et consignations; 
Caisse nationale des allocations familiales  (C.N.A.F.); 
Caisse nationale d'assurance maladie des travailleurs salariés (C.N.A.M.); 
Caisse nationale d'assurance-vieillesse  des travailleurs  salariés 
(C.N.A.V.T.S.); 
Caisse nationale des autoroutes (C.N.A.) 
Caisse nationale militaire de sécurité sociale (C.N.M.S.S.); 
Caisse nationale des monuments historiques et des sites; 
Caisse nationale des télécommunications  ; 
Caisse de garantie du logement social; 
Casa de Velasquez; 
Centre d'enseignement  zootechnique de Rambouillet; 

Postes  seulement 

29 

Centre d'études du milieu et de pédagogie appliquée du Ministère de 
l'Agriculture; 
Centre d'études supérieures de sécurité sociale; 
Centres de formation professionnelle  agricole; 
Centre national d'art et de culture Georges Pompidou; 
Centre national de la cinematographic  française; 
Centre national d'études et de formation pour l'enfance  inadaptée; 
Centre national d'études et d'expérimentation  du machinisme agricole, du 
génie rural, des eaux et des forêts; 
Centre national et de formation pour l'adaptation  scolaire et  l'éducation 
spécialisée (C.N.E.F.A.S.E.S.); 
Centre national de formation  et de perfectionnement  des  professeurs 
d'enseignement  ménager agricole; 
Centre national des lettres; 
Centre national de documentation pédagogique; 
Centre national des oeuvres universitaires et scolaires (C.N.O.U.S.); 
Centre national d'opthalmologie  des quinze-vingts; 
Centre national de préparation au professorat  de travaux manuels éducatifs  et 
d'enseignement  ménager; 
Centre national de promotion rurale de Marmilhat; 
Centre national de la recherche scientifique  (C.N.R.S.); 
Centre régional d'éducation populaire d'Ile de France; 
Centres d'éducation populaire et de sport (C.R.E.P.S.); 
Centres régionaux des oeuvres universitaires (C.R.O.U.S.); 
Centres régionaux de la propriété  forestière; 
Centre de sécurité sociale des travailleurs migrants; 
Chancelleries des universités; 
Collège de France 
Commission des opérations de bourse; 
Conseil supérieur de la pêche; 
Conservatoire de l'espace littoral et des rivages lacustres; 
Conservatoire national des arts et métiers; 
Conservatoire national supérieur de musique; 
Conservatoire national supérieur d'art dramatique; 
Domaine de Pompadour; 
Ecole centrale - Lyon; 
Ecole centrale des arts et manufactures; 
Ecole française  d'archéologie  d'Athènes; 
Ecole française  d'Extrême-Orient; 
Ecole française  de Rome; 
Ecole des hautes études en sciences sociales; 
Ecole nationale  d'administration; 
Ecole nationale de l'aviation civile (E.N.A.C); 
Ecole nationale des Chartes; 
Ecole nationale  d'équitation; 
Ecole nationale du génie rural des eaux et des forêts  (E.N.G.R.E.F.); 

30 

Ecoles nationales d'ingénieurs; 
Ecole nationale d'ingénieurs des industries des techniques agricoles et 
alimentaires; 
Ecoles nationales d'ingénieurs des travaux agricoles; 
Ecole nationale des ingénieurs des travaux ruraux et des techniques  sanitaires; 
Ecole nationale des ingénieurs des travaux des eaux et forêts  (E.N.I.T.E.F.); 
Ecole nationale de la magistrature; 
Ecoles nationales de la marine marchande; 
Ecole nationale de la santé publique (E.N.S.P.); 
Ecole nationale de ski et d'alpinisme; 
Ecole nationale supérieure agronomique - Montpellier; 
Ecole nationale supérieure agronomique - Rennes; 
Ecole nationale supérieure des arts décoratifs; 
Ecole nationale supérieure des arts et industries - Strasbourg; 
Ecole nationale supérieure des arts et industries textiles - Roubaix; 
Ecoles nationales supérieures d'arts et métiers; 
Ecole nationale supérieure des beaux-arts; 
Ecole nationale supérieure des bibliothécaires; 
Ecole nationale supérieure de céramique industrielle; 
Ecole nationale supérieure de l'électronique et de ses applications 
(E.N.S.E.A.); 
Ecole nationale supérieure  d'horticulture; 
Ecole nationale supérieure des industries agricoles alimentaires; 
Ecole nationale supérieure du paysage (rattachée à l'école nationale  supérieure 
d'horticulture); 
Ecole nationale supérieure des sciences agronomiques  appliquées 
(E.N.S.S.A.); 
Ecoles nationales vétérinaires; 
Ecole nationale de voile; 
Ecoles normales d'instituteurs et d'institutrices; 
Ecoles normales nationales  d'apprentissage; 
Ecoles normales supérieures; 
Ecole polytechnique; 
Ecole technique professionelle  agricole et forestière  de Meymac (Corrèze) 
Ecole de sylviculture - Crogny (Aube); 
Ecole de viticulture et d'oenologie de la Tour Blanche (Gironde); 
Ecole de viticulture - Avize (Marne); 
Etablissement national de convalescents de Saint-Maurice; 
Etablissement national des invalides de la marine (E.N.I.M.); 
Etablissement national de bienfaisance  Koenigs-Wazter; 
Fondation Carnegie; 
Fondation  Singer-Polignac; 
Fonds d'action  sociale pour les travailleurs immigrés et leurs familles; 
Hôpital-hospice national  Dufresne-Sommeiller; 
Institut de l'élevage  et de medicine vérérinaire des pays tropicaux 
(I.E.M.V.P.T.) 

31 

Institut français  d'archéologie orientale du Caire; 
Institut géographique national; 
Institut industriel du Nord; 
Institut international d'administration  publique (I.I.A.P.); 
Institut national agronomique de Paris-Grignon; 
Institut national des appellations d'origine des vins et eux-de-vie 
(I.N.A.O.V.E.V.); 
Institut national d'astronomie et de géophysique (I.N.A.G.); 
Institut national de la consommation (I.N.C.); 
Institut national d'éducation populaire (I.N.E.P.); 
Institut national d'études démographiques (I.N.E.D.); 
Institut national des jeunes aveugles - Paris; 
Institut national des jeunes sourdes - Bordeaux; 
Institut national des jeunes sourds - Chambéry; 
Institut national des jeunes sourds - Metz; 
Institut national des jeunes sourds - Paris; 
Institut national de physique nucléaire et de physique des particules (I.N2.P3); 
Institut national de promotion supérieure agricole; 
Institut national de la propriété industrielle; 
Institut national de la recherche agronomique (I.N.R.A.); 
Institut national de recherche pédagogique (I.N.R.P.); 
Institut national de la santé et de la recherche médicale (I.N.S.E.R.M.); 
Institut national des sports; 
Instituts nationaux polytechniques; 
Instituts nationaux des sciences appliquées; 
Instituts national supérieur de chimie industrielle de Rouen; 
Institut national de recherche en informatique  et en automatique (I.N.R.I.A.); 
Institut national de recherche sur les transports et leur sécurité (I.N.R.E.T.S.); 
Instituts régionaux  d'administration; 
Institut supérieur des matériaux et de la construction mécanique de Saint-Ouen 
Musée de l'armée; 
Musée Gustave Moreau; 
Musée de la marine; 
Musée national J.J. Henner; 
Musée national de la Légion  d'Honneur; 
Musée de la poste; 
Muséum national d'histoire naturelle; 
Musée Augustre Rodin; 
Observatoire de Paris; 
Office  de coopération et d'accueil universitaire; 
Office  français  de protection des réfugiés  et apatrides; 
Office  national des anciens combattants; 
Office  national de la chasse; 
Office  national d'information  sur les enseignements et les  professions 
(O.N.I.S.E.P.); 
Office  national d'immigration  (O.N.I.); 

32 

O.R.S.T.O.M. - Institut français de recherche scientifique  pour le 
développement en coopération; 
Office  universitaire et culturel français pour l'Algérie; 
Palais de la découverte; 
Parcs nationaux; 
Réunion des musées nationaux; 
Syndicat des transports parisiens; 
Thermes nationaux - Aix-les-Bains; 
Universités. 

3. 

A utre organisme public  national 

Union des groupements d'achats publics (U.G.A.P.). 

GREECE 

List of entities 

Ministry of National  Economy 
Ministry of Education and Religion 
Ministry of Commerce 
Ministry of Industry, Energy and Technology 
Ministry of Merchant Marine 
Ministry to the Prime Minister 
Ministry of the Aegean 
Ministry of Foreign  Affairs 
Ministry of Justice 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10.  Ministry of the Interior 
11.  Ministry of Labour 
12.  Ministry of Culture and  Sciences 
13.  Ministry of Environment, Planning and Public Works 
14.  Ministry of Finance 
15.  Ministry of Transport and  Communications 
16.  Ministry of Health and Social  Security 
17.  Ministry of Macedonia and Thrace 
Army General  Staff 
18. 
Navy  General  Staff 
19. 
20. 
Airforce  General  Staff 
21.  Ministry of Agriculture 
22. 
23. 
24. 

General  Secretariat for Press and  Information 
General  Secretariat for  Youth 
General  State Laboratory 

33 

General Secretariat for Further Education 
25. 
General Secretariat of Equality 
26. 
General Secretariat for Social Security 
27. 
General Secretariat for Greeks Living Abroad 
28. 
General Secretariat for  Industry 
29. 
General Secretariat for Research and Technology 
30. 
General Secretariat for  Sports 
31. 
General Secretariat for Public Works 
32. 
National  Statistical  Service 
33. 
34. 
National Welfare  Organisation 
35.  Workers' Housing  Organisation 
National Printing  Office 
36. 
Greek Atomic Energy  Commission 
37. 
Greek Highway Fund 
38. 
University of Athens 
39. 
University of the Aegean 
40. 
University of Thessaloniki 
41. 
University of Thrace 
42. 
University of Ioannina 
43. 
University of Patras 
44. 
Polytechnic  School of Crete 
45. 
Sivitanidios Technical  School 
46. 
University  of Macedonia 
47. 
Eginitio  Hospital 
48. 
Areteio  Hospital 
49. 
National Centre of Public  Administration 
50. 
Hellenic Post (EL. TA.) 
51. 
Public Material Management  Organisation 
52." 
Farmers' Insurance  Organisation 
53. 
School Building  Organisation 
54. 

IRELAND 

1. 

Main purchasing  entities 

Office  of Public Works 

Other departments 

President's Establishment; 
Houses of the Oireachtas (Parliament); 
Department of the Taoiseach (Prime Minister); 
Office  of the Tanaiste (Deputy Prime Minister) 

34 

Central Statistics  Office; 
Department of Arts, Culture and the Gaeltacht 
National Gallery of Ireland; 
Department of Finance; 
State Laboratory; 
Office  of the Comptroller and Auditor General; 
Office  of the Attorney General; 
Office  of the Director of Public Prosecutions; 
Valuation  Office; 
Civil Service Commission; 
Office  of the Ombudsman; 
Office  of the Revenue Commissioners; 
Department of Justice; 
Commissioners of Charitable Donations and Bequests for Ireland; 
Department of the Environment; 
Department of Education; 
Department of the Marine; 
Department of Agriculture, Food and Forestry; 
Department of Enterprise and Employment 
Department of Trade and Tourism; 
Department of Defence9; 
Department of Foreign  Affairs; 
Department of Social Welfare; 
Department of Health; 
Department of Transport, Energy and Communications. 

ITALY 

Purchasing Entities 

Ministry of the Treasury 
1. 
Ministry of Finance 
2. 
Ministry of Justice 
3. 
Ministry of Foreign  Affairs 
4. 
Ministry of Education 
5. 
Ministry of the Interior 
6. 
Ministry of Public Works 
7. 
Ministry for Co-ordination (International Relations and EC Agricultural Policies) 
8. 
9. 
Ministry of Industry, Trade and Craft Trades 
10.  Ministry of Employment and Social Security 
11.  Ministry of Health 

Non-warlike  materials  contained  in Annex II 
10Acting as the central  purchasing  entity  for  most of the other Ministries  or  entities 
nNot  including  purchases  made by the tobacco and  salt  monopolies 

35 

Budget and Economic Planning Ministry 

12.  Ministry of Cultural Affairs  and the Environment 
13.  Ministry of Defence 
14. 
15.  Ministry of Foreign Trade 
16.  Ministry of Posts and Telecommunications 
17.  Ministry of the Environment 
18.  Ministry of University and Scientifical  and Technological Research 

LUXEMBOURG 

1. 
2. 
3. 

Ministère d'Etat:  Service central des imprimés et des fournitures  de l'Etat; 
Ministère de l'agriculture:  Administration des Services techniques de  l'Agriculture; 
Ministère de l'éducation nationale:  Lycées d'enseignement  secondaire et 
d'enseignement 
secondaire technique; 
Ministère de la famille  et de la solidarité sociale:  Maisons de retraite; 
Ministère de la force publique:  Armée  *  - Gendarmerie - Police; 
Ministère de la justice:  Etablissements pénitientiaires; 
Ministère de la santé publique:  Hôpital neuropsychiatrique; 
Ministère des travaux publics:  Bâtiments publics - Ponts et Chaussées; 
Ministère des Communications:  Centre informatique  de l'Etat 

4. 
5. 
6. 
7. 
8. 
9. 
10.  Ministère de l'environnement:  Commissariat général à la Protection des Eaux. 

THE  NETHERLANDS 

List of entities 

Ministries  and central governmental  bodies 

1. 

Ministry of General Affairs  - Ministerie van Algemene Zaken 

Advisory Council on Government Policy - Bureau van de 
Wetenschappelijke  Raad voor het  Regeringsbeleid 
National  Information  Office  -  Rijksvoorlichtingsdienst 

2. 

Ministry of the Interior - Ministerie van Binnenlandse Zaken 

Government Personnel Information  System Service - Dienst 
Informatievoorziening  Overheidspersoneel 
Redundancy  Payment and Benefits  Agency  - Dienst  Uitvoerinj 
Ontslaguitkeringsregelingen 

12Non-warlike materials  contained  in Annex  II 
13Postal  business only 
14 Non-warlike  materials  contained  in Annex II 

36 

Public Servants Medical Expenses Agency - Dienst 
ZiektekostenvoorzieningOverheidspersoneel 
RPD Advisory Service - RPD Advies 
Central Archives and Inderdepartmental  Text Processing - CAS/ITW 
Ministry of Foreign Affairs  + Directorate-General for Development Cooperation of 
the Ministry of Foreign affairs  - Ministerie van Buitenlandse Zaken + Ministerie voor 
Ontwikkelingssamenwerking 
Ministry of Defence  - Ministerie van Defensie15 

3. 

4. 

Directorate of material Royal Netherlands Navy - Directie-materieel 
Koninklijke Marine 
Directorate of material Royal Netherlands Army - Directie materieel 
Koninklijke  Landmacht 
Directorate of material Royal Netherlands Airforce  - Directie materieel 
Koninklijke  Luchtmacht 

5. 

Ministry of Economic Affairs  - Ministerie van Economische Zaken 

Economic Investigation Agency - Economische  Controledienst 
Central Plan Bureau - Centraal  Planbureau 
Netherlands Central Bureau of Statistics - Centraal Bureau voor de 
Statistiek 
Senter - Senter 
Industrial Property Office  - Bureau voor de Industriële Eigendom 
Central Licensing Office  for Import and Export - Centrale Dienst voor 
de In- en Uitvoer 
State Supervision of Mines - Staatstoezicht op de Mijnen 
Geological  Survey of the Netherlands - Rijks Geologische  Dienst 

6. 

Ministry of Finance - Ministerie van Financiën 

State Property Department - Dienst der Domeinen 
Directorates of the State Tax Department - Directies der 
Rijksbelastingen 
State Tax Department/Fiscal  Intelligence and Information  Department 
- Belastingdienst/FIOD 
State Tax Department/Computer Centre -
Belastingdienst/Automatiseringscentrum 
State Tax Department/Training - Belastingdienst/Opleidingen 

7. 

Ministry of Justice - Ministerie van  Justifie 

Education and Training Organization, Directorate General for the 
Protection of Young People and the care of Offenders  - Opleidings- en 
vormingsorganisatie Directoraat-Generaal  Jeugdbescherming  en 
Delinquentenzorg 
Child Care and Protection Board - Raden voor de  Kinderbescherming 
in de provincies 
State Institutions for Child care and Protection - Rijksinrichtingen  voor 
de Kinderbescherming  in de provincies 
Prisons - Pénitentiaire inrichtingen in de provincie 

15Non-Warlike  materials  contained  in  Annex II 

37 

State Institutions for Persons Placed under Hospital Order -
Rijksinrichtingen  voor T.B.S.- verpleging in de provincies 
Internal Facilities Service of the Directorate for Young Offenders  and 
Young Peoples Institute - Dienst Facilitaire Zaken van de Directie 
Delinquentenzorg en Jeugdinrichtingen 
Legal Aid Department - Dienst Gerechtelijke  Ondersteuning  in de 
arrondisementen 
Central Collection Office  for the Courts - Centraal  Ontvangstkantoor 
der Gerechten 
Central Debt Collection Agency of the Ministry of Justice - Centraal 
Justitie  Incassobureau 
National Criminal Investigation Department -  Rijksrecherche 
Forensic Laboratory - Gerechtelijk  Laboratorium 
National Police Services Force - Korps Landelijke  Politiediensten 
District offices  of the Immigration and Naturalisation  Service -
Districtskantoren Immigratie- en Naturalisatiedienst 

8. 

Ministry of Agriculture, Nature Management and  Fisheries - Ministerie van 
Landbouw, Natuurbeheer en Visserij 

National Forest Service - Staatsbosbeheer 
Agricultural Research Service - Dienst Landbouwkundig  Onderzoek 
Agricultural Extension Service - Dienst  Landbouwvoorlichting 
Land Development  Service - Landinrichtingsdienst 
National Inspection  Service for Animals and Animal Protection -
Rijksdienst  voor de Keuring van Vee en Vlees 
Plant Protection  Service - Plantenziektenkundige  Dienst 
General Inspection  Service - Algemene  Inspectiedienst 
National Fisheries Research Institute - Rijksinstituut  voor 
Visserij onderzoek 
Government Institute for Quality Control of Agricultural Products -
Rijkskwaliteit  Instituut voor Land- en  Tuinbouwprodukten 
National Institute for Nature Management - Instituut voor Bos- en 
Natuuronderzoek 
Game Fund - Jachtfonds 

9. 

Ministry  of Education and Science - Ministerie van Onderwijs  en  Wetenschappen 

Royal Library - Koninklijke  Bibliotheek 
Institute for Netherlands History - Instituut voor Nederlandse 
Geschiedenis 
Netherlands  State Institute for War Documentation  -  Rijksinstituut 
voor  Oorlogsdocumentatie 
Institute for Educational Research - Instituut voor Onderzoek van het 
Onderwijs 
National Institute for Curriculum Development  - Instituut voor de 
Leerplan  Ontwikkeling 

10.  Ministry  of Social Affairs  and Employment - Ministerie van Sociale Zaken en 

Werkgelegenheid 

Wages Inspection Service - Loontechnische  dienst 

38 

Inspectorate for Social Affairs  and Employment  - Inspectie en 
Informatie  Sociale Zaken en Werkgelegenheid 
National Social Assistance Consultancies  Services -
Rijksconsulentschappen  Sociale Zekerheid 
Steam Equipment Supervision Service - Dienst voor het  Stoomwezen 
Conscientious Objectors Employment Department - Tewerkstelling 
erkend gewetensbezwaarden militaire dienst 
Directorate for Equal Opportunities - Directie Emancipatie 

11.  Ministry of Transport, Public Works and Water Management  - Ministerie van Verkeer 

en Waterstaat 

Directorate-General  for Transport - Directoraat-Generaal  Vervoer 
Directorate-General  for Public Works and Water Management -
Directoraat-Generaal  Rijkswaterstaat 
Directorate-General  for Civil Aviation - Directoraat-Generaal 
Rij ksluchtvaartdienst 
Telecommunications and Post Department -  Hoofddirectie 
Telecommunicatie en Post 
Regional Offices  of the Directorates-General  and General 
Management, Inland Waterway Navigation Service - De régionale 
organisatie van de directoraten generaal en de  hoofddirectie 
Vaarwegmarkeringsdienst 

12.  Ministry of Housing, Physical Planning and Environment  - Ministerie van 

Volkshuisvesting, Ruimtelijke  Ordening en Milieubeheer 

Directorate-General  for Environment Management  - Directoraat-
Generaal  Milieubeheer 
Directorate-General  for Public Housing - Directoraat-Generaal  van de 
Volkshuisvesting 
Government Buildings Agency -  Rijksgebouwendienst 
National Physical Planning Agency - Rijksplanologische Dienst 

13.  Ministry of Welfare, Health and Cultural Affairs  - Ministerie van  Welzijn, 

Volksgezondheid  en Cultuur 

Social and Cultural Planning Office  - Sociaal en Cultured  Planbureau 
Inspectorate for Child and Youth Care and Protection  Services -
Inspectie Jeugdhulpverlening en Jeugdbescherming 
Medical Inspectorate of Health Care - Inspecties van het  Staatstoezicht 
op de Volksgezondheid 
Cultural Castle Council - Rijksdienst  Kastelenbeheer 
National Archives Department -  Rijksarchiefdienst 
Department for the Conservation of Historic Buildings and Sites -
Rijksdienst  voor de Monumentenzorg 
National Institute of Public Health and Environmental  Protection -
Rijksinstituut  voor Milieuhygiëne 
National Archeological Field Survey Commission - Rijksdienst  voor 
het Oudheidkundig  Bodemonderzoek 
Netherlands Office  for Fine Arts - Rijksdienst  Beeldende  Kunst 

39 

14. 

15. 
16. 
17. 
18. 

Cabinet for Netherlands Antillean and Aruban Affairs  - Kabinet voor Nederlands-
Antilliaanse en Arubaanse zaken 
Higher Colleges of State - Hogere Colleges van Staat 
Council of State - Raad van State 
Netherlands  Court of Audit - Algemene  Rekenkamer 
National Ombudsman - Nationale  Ombudsman 

AUSTRIA 

1. 
2. 
3. 
4. 

5. 
6. 
7. 

8.  . 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 

21. 
22. 
23. 

Bundeskanzleramt - Amtswirtschaftsstelle 
Bundesministerium fur auswartige Angelegenheiten 
Bundesministerium flir Gesundheit und Konsumentenschutz 
Bundesministerium fur Finanzen 
(a) 
(b) 

Amtswirtschaftsstelle 
Abteilung VI/5 (EDV-Beschaffung  des Bundesministeriums  fur  Finanzen 
und des Bundesrechenamtes) 
Abteilung III/l  (Beschaffung  von technischen Gerâten,  Einrichtungen und 
Sachgutern fur die Zollwache) 

(c) 

Bundesministerium fur Jugend und Familie -  Amtswirtschaftsstelle 
Bundesministerium fur wirtschaftliche  Angelegenheiten 
Bundesministerium  fur Inneres 
(a) 
(b) 

Abteilung 1/5 (Amtswirtschaftsstelle) 
EDV-Zentrum 
(Beschaffung 
Datenverarbeitungssystemen  (Hardware) 
Abteilung  II/3 (Beschaffung  von technischen  Gerâten und  Einrichtungen 
fur die Bundespolizei) 
Abteilung 1/6 (Beschaffung  von Sachgutern (other than those  procured by 
Division II/3) fur die Bundespolizei) 
Abteilung IV/8 (Beschaffung  von Fluggerâten) 

(e) 
Bundesministerium  fur Justiz -  Amtswirtschaftsstelle 

elektronischen 

(c) 

(d) 

von 

*  Bundesministerium fur  Landesverteidigung1 

Bundesministerium fur Land- und  Forstwirtschaft 
Bundesministerium  fur Arbeit und Soziales -  Amtswirtschaftsstelle 
Bundesministerium fur Unterricht und kulturelle Angelegenheiten 
Bundesministerium fur offentliche  Wirtschaft und Verkehr 
Bundesministerium fur Wissenschaft,  Forschung und Kunst 
Osterreichisches Statistisches Zentralamt 
Ôsterreichische Staatsdruckerei 
Bundesamt fur Eich- und Vermessungswesen 
Bundesversuchs- und Forschungsanstalt-Arsenal (BVFA) 
Bundesstaatliche  Prothesenwerkstâtten 
AUSTRO  CONTROL  GmbH  -  Osterreichisches  Gesellschaft  fur  Zivilluftfalirt 
mit beschrânkter  Haftung 
Bundespriifanstalt fur  Kraftfahrzeuge 
Generaldirektion fur die Post- und Telegraphenverwaltung (nur  Postwesen) 
Bundesministerium fur Umwelt -  Amtswirtschaftsstelle 

PORTUGAL 

Non-warlike  materials contained  in Annex II. 

40 

Prime Minister's  Office 

Legal Centre 
Centre for Studies and Training (Local  Government) 
Government Computer Network Management Centre 
National Council for Civil Defence  Planning 
Permanent Council for Industrial  Conciliation 
Department for Vocational and Advanced Training 
Ministerial Department with special responsibility for Macao 
Ministerial Department responsible for Community Service by Conscientious  Objectors 
Institute for  Youth 
National Administration  Institute 
Secretariat-General, Prime Minister's  Office 
Secretariat for Administrative  Modernization 
Social Services, Prime Minister's  Office 

Ministry of Home  Affairs 

Directorate-General  for  Roads 
Ministerial Department responsible for  Studies and Planning 
Civilian  administrations 
Customs Police 
Republican National  Guard 
Police 
Secretariat-General 
Technical  Secretariat  for Electoral Matters 
Customs and Immigration  Department 
Intelligence and Security  Department 
National Fire  Service 

Ministry of  Agriculture 

Control Agency for  Community Aid to Olive Oil Production 
Regional Directorate  for Agriculture (Beira Interior) 
Regional Directorate  for Agriculture (Beira Litoral) 
Regional Directorate  for Agriculture (Entre Douro e Minho) 
Regional Directorate  for Agriculture  (Tras-os-Montes) 
Regional Directorate  for Agriculture  (Alentejo) 
Regional Directorate  for Agriculture  (Algarve) 
Regional Directorate  for Agriculture (Ribatejo e Oeste) 
General Inspectorate  and Audit Office  (Management Audits) 
Viticulture  Institute 
National Agricultural  Research  Institute 
Institute for the Regulation and Guidance of Agricultural  Markets 

41 

Institute for Agricultural  Structures and Rural Development 
Institute for Protection of Agri-food  Production 
Institute for  Forests 
Institute for Agricultural Markets and Agri-Foods Industry 
Secretariat-General 
IFADAP (Financial Institute for the Development of Agriculture and Fishing) (a) 
INGA (National Agricultural Intervention and Guarantee Institute) (a) 

(a) 

Authority under joint Ministry of Finance and Ministry of Agriculture control 

Ministry  of the Environment  and Natural  Resources 

Directorate-General  for  Environment 
Institute for Environmental  Promotion 
Institute for the Consumer 
Institute for  Meteorology 
Secretariat-General 
Institute for Natural  Conservancy 
Ministerial Department for the Improvement of the Estoril Coast 
Regional Directorates for Environment and Natural  Resources 
Water Institute 

Ministry  of Trade and  Tourism 

Commission responsible for the Application of Economic Penalties 
Directorate-General  for Competition and Prices 
Directorate-General  for Inspection (Economic  Affairs) 
Directorate-General  for  Tourism 
Directorate-General  for Trade 
Tourism Fund 
Ministerial Department responsible for Community  Affairs 
ICEP (Portuguese Foreign Trade Institute) 
General Inspectorate for  Gambling 
National Institute for Training in Tourism 
Regional Tourist Boards 
Secretariat-General 
ENATUR (National Tourism Enterprise) - Public enterprise (a) 

(a) 

Authority under joint Ministry of Trade and Tourism and Ministry of Finance control 

42 

Ministry of Defence 

17 

National  Security  Authority 
National Council for Emergency  Civil Planning 
Directorate-General  for Armaments and Defence  Equipments 
Directorate-General  for  Infrastructure 
Directorate-General  for  Personnel 
Directorate-General  for National Defence  Policy 
Secretariat-General 

Office of the Chief of Staff  of the Armed Forces (17) 

Administrative  Council  of the Office  of the Chief of  Staff 
of the Armed  Forces 
Commission of Maintenance of NATO  Infrastructure 
Executive Commission of NATO  Infrastructure 
Social Works of the Armed  Forces 

Office of the Chief of Staff  Air Force (17) 

Air Force Logistics and Administrative  Commando 
General  Workshop for Aeronautical  Equipment 

Office of the Chief of Staff  Army  07) 

Logistics  Department 
Directorate for Army Engineering 
Directorate for Army  Communications 
Service Directorate for Fortifications  and Army Works 
Service Directorate for the Army Physical  Education 
Service Directorate Responsible for the Army Computer 
Service Directorate for  Intendancy 
Service Directorate for  Equipment 
Service Directorate  for  Health 
Directorate for  Transports 
Main Army  Hospital 
General  Workshop of Uniforms  and Equipment 
General Workshop of Engineering  Equipment 
Bakery 
Army Laboratory  for  Chemical and Pharmaceutical  Products 

17Non-warlike  materials  contained  in Annex II 

43 

Office of the Chief of Staff  Navy* 

Directorate for Naval  Facilities 
Directorate-General  for Naval  Equipment 
Directorate for Instruction and Training 
Directorate of the Service of Naval Health 
The Navy  Hospital 
Directorate for  Supplies 
Directorate for  Transport 
Directorate of the Service of Maintenance 
Armed Computer  Service 
Continent Naval  Commando 
Açores Naval  Commando 
Madeira Naval  Commando 
Commando of Lisbon Naval  Station 
Army Centre for Physical  Education 
Administrative  Council of Central Navy  Administration 
Naval War Height  Institute 
Directorate-General  for the Navy 
Directorate-General  for Lighthouses and School for Lighthouse Keepers 
The Hydrographie Institute 
Vasco da Gama Aquarium 
The Alfeite  Arsenal 

Ministry  of  Education 

Secretariat-General 
Department  for Planning and Financial  Management 
Department for Higher Education 
Department for  Secondary  Education 
Department for Basic  Education 
Department for Educational Resources  Management 
General Inspectorate of Education 
Bureau for the Launching and Coordination of the School Year 
Regional Directorate for Education  (North) 
Regional Directorate for Education  (Centra) 
Regional Directorate for Education  (Lisbon) 
Regional Directorate for Education  (Alentejo) 
Regional Directorate for Education  (Algarve) 
Camoes Institute 
Institute for Innovation in Education Antonio Aurélio da Costa Ferreira 
Institute for  Sports 
Department of European  Affairs 
Ministry of Education  Press 

18 

Non-warlike  materials contained  in Annex  II 

44 

Ministry of Employment and Social Security 

National Insurance and Occupational Health Fund 
Institute for Development and Inspection of Labour Conditions 
Social Welfare  Funds 
Casa Pia de Lisboa (a) 
National  Centre for  Pensions 
Regional  Social  Security centres 
Commission on Equal Opportunity and Rights for  Women 
Statistics Department 
Studies and Planning  Department 
Department of International  Relations and Social Security  Agreements 
European Social Fund  Department 
Department of European Affairs  and External Relations 
Directorate-General  for  Social Works 
Directorate-General  for the Family 
Directorate-General  for Technical Support to Management 
Directorate-General  for Employment and Vocational Training 
Directorate-General  for  Social Security  Schemes 
Social Security Financial  Stabilization Fund 
General Inspectorate for  Social  Security 
Social Security Financial Management  Institute 
Employment and Vocational Training Institute 
National Institute for Workers' Leisure Time 
Secretariat-General 
National  Secretariat  for  Rehabilitation 
Social  Services 
Santa Casa de Misericordia de Lisboa (a) 

(a) 

Authority under joint control of the Ministry of Employment and Social Security and 
the Ministry  of Health Control 

Ministry of Finance 

ADSE (Directorate-General  for the Protection of Civil  Servants) 
Legal Affairs  Office 
Directorate-General  for Public Administration 
Directorate-General  for Public Accounts and General Budget  Supervision 
Directorate-General  for the State Loans Board 
Directorate-General  for the Customs  Service 
Directorate-General  for  Taxation 
Directorate-General  for  State Assets 
Directorate-General  for the Treasury 
Ministerial  Department responsible for Economic  Studies 

45 

Ministerial Department responsible for European  Affairs 
GAFEEP (Ministerial Department responsible for Studies on the Funding of the State and 
Public Enterprises) 
General Inspectorate for Finance 
Institute for Information  Technology 
State Loans Board 
Secretariat-General 
SOFE (Social Services of the Ministry of Finance) 

Ministry  of Industry  and Energy 

Regional Delegation for Industry and Energy (Lisbon and Tagus Valley) 
Regional Delegation for Industry and Energy  (Alentejo) 
Regional Delegation for Industry and Energy (Algarve) 
Regional Delegation for Industry and Energy (Centre) 
Regional Delegation for Industry and Energy (North) 
Directorate-General  for  Industry 
Directorate-General  for Energy 
Geological and Mining Institute 
Ministerial Department responsible for  Studies and Planning 
Ministerial Department responsible for Oil Exploration and Production 
Ministerial Department responsible for Community  Affairs 
National Industrial Property Institute 
Portuguese Institute for  Quality 
INETI (National Institute for Industrial Engineering and Technology) 
Secretariat-General 
PEDIP Manager's  Department 
Legal Affairs  Office 
Commission for Emergency Industrial  Planning 
Commission for Emergency Energy  Planning 
I APMEI (Institute for  Support of Small and Medium-sized enterprises and Investments) 

Ministry  of Justice 

Centre for Legal  Studies 
Social Action and Observation Centres 
The High Council of the Judiciary (Conselho Superior de Magistratura) 
Central  Registry 
Directorate-General  for Registers and Other Official  Documents 
Directorate-General  for Computerized  Services 
Directorate-General  for Legal  Services 
Directorate-General  for the Prison Service 
Directorate-General  for the Protection and Care of Minors Prison  Establishments 
Ministerial Department responsible for European Law 

46 

Ministerial Department responsible for Documentation and Comparative  Law 
Ministerial Department responsible for Studies and Planning 
Ministerial Department responsible for Financial  Management 
Ministerial Department responsible for Planning and Coordinating Drug  Control 
Sâo Joâo Deus Prison  Hospital 
Corpus Christi Institute 
Guarda Institute 
Institute for the Rehabilitation of  Offenders 
Sâo Domingos Benfica  Institute 
National Police and Forensic Science Institute 
Navarro Paiva Institute 
Padre Antonio Oliveira Institute 
Sâo Fiel Institute 
Sâo José Institute 
Vila Fernando  Institute 
Criminology  Institutes 
Forensic Medicine Institutes 
Criminal Investigation  Department 
Secretariat-General 
Social  Services 

Ministry of Public  Works, Transport and Communications 

Council for  Public and Private Works Markets 
Directorate-General  for Civil Aviation 
Directorate-General  for National Buildings and Monuments 
Directorate-General  for Road and Rail Transport 
Ministerial Department responsible for River Crossings (Tagus) 
Ministerial Department for Investment  Coordination 
Ministerial Department responsible for the Lisbon Railway Junction 
Ministerial Department responsible for the Oporto Railway  Junction 
Ministerial Department responsible for Navigation on the Douro 
Ministerial Department responsible for the European  Communities 
General Inspectorate for Public Works, Transport and  Communications 
Independent Executive for Roads 
National Civil Engineering  Laboratory 
Social Works Department of the Ministry of Public Works, Transport and  Communications 
Secretariat-General 
Institute for Management and Sales of State Housing 
CTT - Post & Telecommunications  of Portugal SA 

Ministry of Foreign  Affairs 

19Postal  Business only 

47 

Directorate-General  for Consular Affairs  and for Financial  Administration 
Directorate-General  for the European  Communities 
Directorate-General  for  Cooperation 
Institute for Portuguese Emigrants and Portuguese Communities Abroad 
Institute for Economic  Cooperation 
Secretariat-General 

Ministry  of Territorial Planning  and  Management 

Academy of  Science 
Legal Affairs  Office 
National Centre for Geographical  Data 
Regional Coordination Committee  (Centre) 
Regional Coordination Committee (Lisbon and Tagus Valley) 
Regional Coordination Committee  (Alentejo) 
Regional Coordination Committee  (Algarve) 
Regional Coordination Committee  (North) 
Central Planning  Department 
Ministerial Department for European Issues and External  Relations 
Directorate-General  for Local  Government 
Directorate-General  for Regional  Development 
Directorate-General  for Town and Country  Planning 
Ministerial Department responsible for Coordination of the Alqueva  Project 
General Inspectorate for Territorial  Administration 
National  Statistical  Institute 
Antonio Sergio Cooperative  Institute 
Institute for  Scientific  and Tropical  Research 
Geographical  and Land Register  Institute 
National  Scientific  and Technological  Research Board 
Secretariat-General 

Ministry  of the Sea 

Directorate General for  Fishing 
Directorate General for Ports, Navigation and Maritime Transport 
Portuguese Institute for Maritime  Exploration 
Maritime Administration  for North, Centre & South 
National  Institute for Port Pilotage 
Institute for Port Labour 
Port Administration  of Douro and Leixôes 
Port Administration  of Lisbon 
Port Administration  of Setubal and  Sesimbra 
Port Administration  of Sines 
Independent  Executive for  Ports 

48 

Infante  D Henrique Nautical  School 
Portugues Fishing School and School of Sailing and Marine  Craft 
Secretariat  General 

Ministry of Health 

Regional Health  Administrations 
Health Centres 
Mental Health  Centres 
Histocompatibility  Centres 
Regional Alcoholism  Centres 
Department for Studies and Health Planning 
Health Human Resource  Department 
Directorate-General  for Health 
Directorate-General  for Health Installations & Equipment 
National Institute for Chemistry and Medicament 
Supporting Centers for Drug Addicts 
Institute for Computer and Finacial Management of Health Services 
Infirmary  Technical  Schools 
Health Service Technical Colleges  x 
Central  Hospitals 
District  Hospitals 
General Inspectorate of Health 
National Institute of Emergency  Care 
Dr Ricardo Jorge National Health Institute 
Dr Jacinto De Magalhaes Institute of Genetic Medicine 
Dr Gama Pinto Institute of Opthalmology 
Portuguese Blood  institute 
General Practitioners Institutes 
Secretariat-General 
Service for Prevention and Treatment of Drug Dependence 
Social Services, Ministry of Health 

. 

FINLAND 

The following  contracting authorities of State: 

OIKEUSKANSLERINVIRASTO 

KAUPPA-. J A TEOLLISUUSMINISTERIÔ 

Kuluttajavirasto 

Elintarvikeviras 

KilpailuvirastOffice  of Free Competition 

THE 
OF 

OFFICE 
OF 
CHANCELLOR 
JUSTICE 
MINISTRY  OF  TRADE 
AND  INDUSTRY 
National 
Administration 
National 
Administration 

Consumer 

Food 

49 

Kilpailuneuvosto 

Kuluttaja-asiamiehen  toimis 

Kuluttaj avalituslautakun 
Patentti- ja rekisterihallitu 

LIIKENNEMINISTERIÔ 

Telehallintokesku 

MAA- JA METSATALOUSMINISTERIO 

Maanmittauslaitos 

OIKEUSMINISTERIÔ 
Tietosuojavaltuutetun toimisto 

Tuomioistuinlaitos 
- Korkein oikeus 
- Korkein hallinto-oikeus 
- Hovioikeudet 
- Kàrâjâoikeudet 
- Lââninoikeudet 
-  Markkinatuomioistuin 
- Tyôtuomioistuin 
- Vakuutusoikeus 
- Vesioikeudet 
Vankeinhoitolaitos 
OPETUSMINISTERIÔ 

Opetushallitus 

Valtion elokuvatarkastamo 

PUOLUSTUSMJ^ISTERIÔ 
Puolustusvoimat 
SISÂASIAINMINISTERIÔ 

Vâestôrekisterikeskus 
Keskusrikospoliisi 
Liikkuva poliisi 
Rajavartiolaitos 
SOSIAALI- JA  TERVEYSMINISTERIO 

Tyôttômyysturvalautakunta 

Tarkastuslautakunta 
Lââkelaitos  National Agency for Medicines 
Terveydenhuollon  oikeusturvakeskus 

Non-Warlike materials  contained  in Annex  II 
Non-Warlike  materials  contained  in Annex  II 

of 

Free 

OF 
AND 

the  Consumer 

Council 
Competition 
Office  of 
Ombudsman 
Consumer Complaint Board 
National  Board  of  Patents 
and  Registration 
MINISTRY 
TRANSPORT 
COMMUNICATIONS 
Telecommunications 
Administration Centre 
MINISTRY 
AGRICULTURE 
FORESTRY 
National  Land  Survey  of 
Finland 
MINISTRY OF JUSTICE 
The  Office  of 
Protection Ombudsman 
Courts of Law 

OF 
AND 

the  Data 

of 

OF 

Board 

Prison Administration 
MINISTRY 
EDUCATION 
National 
Education 
National  Office  of  Film 
Censorship 
MINISTRY OF DEFENCE 
Defence  Forces 
MINISTRY 
INTERIOR 
Population Register Centre 
Central Criminal Police 
Mobile Police 
Frontier Guard 
MINISTRY  OF  SOCIAL 
AFFAIRS  AND HEALTH 
Appeal 
Unemployment 
Board 
Appeal Tribunal 

THE 

OF 

National  Board 
colegal  Affairs 

of  Medi-

50 

Tapaturmavirasto 
Sâteilyturvakeskus 

Valtion turvapaikan  hakijoiden 
vastaanotto  keskukset 
TYÔMINISTERJÔ 
Valtakunnansovittelijain  toimisto 

Tyôneuvosto 
ULKOASIAINMINISTERIÔ 

VALTIOVARAINMINISTERIO 
Valtiontalouden  tarkastusvirasto 

Valtiokonttori 
Valtion tyômarkkinalaitos Verohallinto 
Tullihallinto 
Valtion vakuusrahasto 
YMPÀRISTÔMINISTERIÔ 

Vesi- ja ympâristôhallitus 

The following  contracting authorities of the State: 

A 

Akademien for de fria konsterna 

Allmânna advokatbyraerna(28) 

Allmânna reklamationsnâmnden 

Arbetarskyddsstyrelsen 

Arbetsdomstolen 
Arbetsgivarverk,  statens 

Arbetslivscentrum 
Arbetslivsfonden 
Arbetsmarknadsstyrelsen 

Arbetsmilj ôfonden 
Arbetsmilj ôinstitutet 

Arbetsmiljônâmnd,  statens 

Arkitekturmuseet 
Arkivet for ljud och bild 

State Accident  Office 
Finnish Centre for Radiation 
and  Nuclear  Safety 
Reception Centres for 
Asylum Seekers 
MINISTRY OF LABOUR 
National 
Office 
Labour Council 
MINISTRY 
FOREIGN  AFFAIRS 
MINISTRY OF FINANCE 
State  Economy  Controller's 
Office 
State Treasury  Office 

Conciliators' 

FOR 

MINISTRY 
ENVIRONMENT 
National  Board  of  Waters 
and  Environment 

OF 

SWEDEN 

for 

for 

Board 

Board 

Safety 

Agency 

of 
and 

Law-Service 

Royal  Academy  of  Fine 
Arts 
Public 
Offices(28) 
National 
Consumer  Complaints 
National 
Occupational 
Health 
Labour Court 
National 
Government Employers 
Centre for Working Life 
Working Lives Fund 
National  Labour  Market 
Board 
Work Environment Fund 
National 
Institute 
Occupational Health 
Board 
Safety 
and  Health 
Government  Employees 
Museum of Architecture  * 
National 
Recorded 
Moving Images 

of  Occupational 
for 

Archive 
Sound 

of 
and 

of 

Arrendenâmnder (12) 

B 

Barnmiljôrâdet 

Beredning fôr utvàrdering av 
medicinsk metodik, statens 

Beredningen fôr internationell 
tekniskt-ekonomiskt samarbete 

Besvârsnâmnden fôr râttshjâlp 

Biblioteket, Kungl. 
Biografbyrâ,  statens 

Biografiskt  lexikon, svenskt 

Bokfôringsnâmnden 

Bostadsdomstolen 
Bostadskreditnâmnd,  statens (BKN) 

Boverket 
Brottsfôrebyggande  râdet 

National Housing Board 

Brottsskadenâmnden 

C 

Centrala fôrsôksdjursnâmnden 

Centrala studiestôdsnâmnden 

Centralnâmnden  fôr  fastighetsdata 

D 
Datainspektionen 
Departementen 

Domstolsverket 

Elsâkerhetsverket 

Expertgruppen fôr forskning om 

regional utveckling 
Exportkreditnâmnden 

51 

Regional 
Tribunals  (12) 

Tenancies 

Appeals 

National  Child  Environment 
Council 
Swedish Council on 
Technology  Assessment  in 
Health Care 
Agency for International 
Technical  and  Economic 
Co- operation 
Legal 
Aid 
Commission 
Royal Library 
National  Board  of  Film 
Censors 
Dictionary 
Biography 
Swedish 
Standards  Board 
Housing Appeal Court 
National  Housing  Credit 
Guarantee Board 

Accounting 

Swedish 

of 

National  Council  for  Crime 
Prevention 
Criminal 
Compensation  Board 

Injuries 

for 

Central  Committee 
Laboratory Animals 
National  Board  of  Student 
Aid 
Central  Board 
Estate  Data 

for  Real-

Data Inspection Board 
Ministries 
Departments) 
National 
Administration 

(Government 

Courts 

National  Electrical  Safety 
Board 
Expert  Group  on  Regional 
Studies 

Export  Credits  Guarantee 
Board 

52 

Entailed Estates Council 
Financial 
Authority 

Supervisory 

Research 

Aeronautical 
Institute 
National  Institute  of  Public 
Health 
Council  for  Planning  and 
Co- ordination of Research 
Fortifications 
Administration 
Probation Treatment Centre 
National 
Conciliators' 
Office 
Civil  Administration  of  the 
Defence Forces 
Defence 
Centre 
National  Defence  Research 
Establishment 
Defence 
Administration  School 
Defence 
Administration 
National  Defence  Radio 
Institute 
Medical  Board 
Defence  Forces 

Data-Processing 

Material 

Forces' 

the 

of 

Swedish  Museums  of 

Military  History 
National Defence  College 
Social Insurance  Offices 
Social Insurance Courts 
Supreme  Social  Insurance 
Court 

Survey 

Geological 
Sweden 
Geotechnical Institute 
National 
Development Authority 
Graphic Institute and the 
Graduate School of 

Rural 

of 

Area 

Fideikommissnâmnden 
Finansinspektionen 

Fiskeriverket National Board of Fisheries 
Flygtekniska fôrsôksanstalten 

Folkhâlsoinstitutet 

Forskningsrâdsnâmnden 

Fortifikationsfôrvaltningen 

11 

Frivârdens  behandlingscentral 
Fôrlikningsmannaexpedition  statens 

23 

Fôrsvarets civilfôrvaltning 

Fôrsvarets datacenter24 

25 

Fôrsvarets forskningsanstal 

Fôrsvarets fôrvaltningsskol 

Fôrsvarets mâterielverk 
Fôrsvarets radioanstalt 
.28 

27 

Fôrsvarets sjukvârdsstyrelse 

.29 

Fôrsvarshistoriska musseer, statens 

30 

.31 
Fôrsvarshôgskolan 
Fôrsâkringskassorna 
Fôrsâkringsdomstolarna 
Fôrsàkringsôverdomstolen 

Geologiska undersokning, Sveriges 

Geotekniska institut, statens 
Glesbygdsmyndigheten 

Grafiska institutet och institutet 
fôr hôgre kommunikations- och 

23 

24 

Non-Warlike materials  contained 
Non-warlike  materials  contained 
Non-warlike  materials  contained 
25 Non-Warlike materials  contained 
26 Non-Warlike  materials  contained 
27 Non-warlike  materials  contained 
28  Non-warlike  materials  contained 
29  Non-warlike materials  contained 
30 Non-warlike  materials  contained 
31  Non-warlike materials  contained 

in Annex  II 
in Annex II 
in Annex II 
in Annex II 
in Annex  II 
in Annex II 
Annex II 
in Annex  II 
in Annex II 
in Annex II 

53 

reklamutbildning 

H 
Handelsflottans kultur- och 
fritidsrâd 
Seamen's Service 
Handelsflottans  pensionsanstalt 
Handikapprâd, statens 

Haverikommission, statens 

Hovrâtterna (6) 
Humanistisk-samhàllsvetenskapliga 
forskningsrâdet 

Hyresnâmnder (12) 

Hàktena (30) Remand Prisons (30) 
Hâlso-och sjukvârdens  ansvarsnâmnd 

Hôgsta domstolen 

I 
Inskrivningsmyndigheten fôr 
fôretagsinteckningar 
Institut fôr byggnadsforskning, 
statens 
Research 
Institut fôr psykosocial 
miljômedicin,  statens 

Institutet fôr rymdfysik 

Invandrarverk, statens 

Jordbruksverk,  statens 

Justitiekanslern 

Jâmstâlldhetsombudsmannen  och 
jâmstâlldhetsdelegationen 

K 
Kabelnâmnden/Nârradionâmnden 

Kammarkollegiet 

Kammarrâtterna (4) 

Kemikalieinspektionen 

Kommerskollegium 
Koncessionsnâmnden fôr miljô-skydd 

Communications 

Swedish Government 

Accident 

Merchant Pensions Institute 
National  Council  for 
the 
Disabled 
Board 
of 
Investigation 
Courts of Appeal (6) 
Council for Research in 
the  Humanities  and  Social 
Sciences 
Regional  Rent  Tribunals 
(12) 

on  Medical 

Committee 
Responsibility 
Supreme Court 

Register Authority for 
Floating Charges 
Council for Building 

National Institute for 
Psycho-Social  Factors  and 
Health 
Swedish  Institute  of  Space 
Physics 
Swedish Immigration Board 

of 

Board 

Swedish 
Agriculture 
Office  of  the  Chancellor  of 
Justice 
Office  of the Equal 
Opportunities  Ombudsman 
and  the Equal Opportunities 
Commission 

Swedish  Cable  Authority  / 
Swedish  Community  Radio 
Authority 
National  Judicial  Board  of 
Public Lands and Funds 
Administrative  Courts  of 
Appeal  (4) 
National 
Inspectorate 
National Board of Trade 
National  Franchise  Board 
for  Environment Protection 

Chemicals 

54 

Konjunkturinstitutet 

Konkurrensverket 

Konstfackskolan 

Konsthôgskolan 
Konstmuseer, statens 
Konstnârsnâmnden 
Konstrâd, statens 
Konsumentverket 

32 

Krigsarkivet 
Kriminaltekniska  laboratorium, 
statens 
Kriminalvârdens regionkanslier (7) 

Kriminalvârdsanstalterna (78) 

Kriminalvârdsnâmnden 
Kriminalvârdsstyrelsen 

Kronofogdemyndigheterna  (24) 
Kulturrâd, statens 

Kustbevakningen33 
Kârnkraftinspektion,  statens 

L 

Lantmâteriverk, statens 

Livrustkammaren/Skoklosters slott/ 
Hallwylska museet 
Livsmedelsverk,  statens 

Lotterinâmnden 
Lâkemedelsverket 
Lâns- och distriktsâklagarmyndig-
heterna 
Lânsarbetsnâmnderna  (24) 
Lânsrâtterna (25) 

Authority and District  Prosecution Authority 

Lânsstyrelserna (24) 

Lône- och pensionsverk, statens 

M 
Marknadsdomstolen 
Maskinprovningar,  statens 

32 Non-warlike  materials  contained  in Annex  II 
33 Non-warlike  materials  contained  in Annex  II 

of 

Competition 

National 
Institute 
Economic  Research 
Swedish 
Authority 
College  of  Arts,  Crafts  and 
Design 
College of Fine Arts 
National Art Museums 
Arts Grants Committee 
National Art Council 
Board 
National 
Consumer  Policies 

for 

National Laboratory of 
Forensic Science 
Correctional  Region  Offices 
(7) 
National  / Local  Institutions 
(78) 
National Paroles Board 
National 
Probation  Administration 
Enforcement  Services (24) 
National 
Cultural  Affairs 
Swedish Coast Guard 
Nuclear-Power  Inspectorate 

Council 

Prison 

and 

for 

Central  Office 
of 
National  Land Survey 
Royal Armoury 

the 

Food 

National 
Administration 
Gaming Board 
Medical Products Agency 
County Public Prosecution 

County Labour Boards (24) 
County 
Administrative 
Courts  (25) 
County 
Boards  (24) 
National 
Employee 
Pensions Board 

Government 
Salaries  and 

Administrative 

Market Court 
National  Machinery  Testing 
Institute 

55 

Medical Research Council 
Swedish Meteorological 
and Hydrological  Institute 
Armed  Forces  Staff  and 
War  College 
Swedish 
Collections of  Music 

National 

and 

in  Urban 

Institute  of 

Environmental 

Museum of Natural History 
Natural  Science  Research 
Council 
National 
Protection Agency 
Scandinavian 
African  Studies 
Nordic  School  of  Public 
Health 
Nordic Institute for 
Studies 
Regional  Planning 
Nordic Museum 
Swedish  Delegation  of  the 
Nordic Council 
Recorders  Corftmittee 
National Board for Intra 
Country Adoptions 
National  Board  for  Public 
Procurement 
State  Mining 
Commission 
National Fund for 
for Government Employees 
Swedish National 
Committee 
Contemporary 
Exhibitions Abroad 
National Board for 

Property 

for 
Art 

Office  of the Ethnic 
Discrimination  Ombudsman 
Advisory  Committee  on 
Questions 
Concerning 
Ethnic Discrimination 

Court of Patent Appeals 
Patents 
Office 
Co-ordinated  Population 

and  Registration 

Medicinska forskningsràdet 
Meteorologiska och hydrologiska 
institut, Sveriges 
Militârhôgskolan 

Musiksamlingar,  statens 

N 
Naturhistoriska riksmuseet 
Naturvetenskapliga forskningsràdet 

Naturvârdsverk,  statens 

Nordiska  Afrikainstitutet 

Nordiska hâlsovârdshôgskolan 

Nordiska institutet for sam-
hàllsplanering 

Nordiska museet,  stiftelsen 
Nordiska râdets svenska delegation 

Notarienâmnden 
Nâmnden fôr internationella 
adoptionsfrâgor 
Nâmnden fôr offentlig  upphandling 

Nâmnden fôr statens gruvegendom 

Nâmnden fôr statliga fôrnyélse-
fonder 
Nâmnden fôr utstâllning av 
nutida svensk konst i utlandet 

Administrative Development  and Training 

Nârings- och teknikutvecklings-
verket 

Industrial and Technical  Development 

Q. 
Ombudsmannen mot etnisk diskrimi-
nering och nâmnden mot etnisk 
diskriminering 

Patentbesvârsrâtten 
Patent- och registreringsverket 

Person- och adressregistemâmnd, 
statens 

and Address Register 

34 Non-warlike  materials  contained  in Annex  II 

56 

Polarforskningssekretariatet 

Presstôdsnâmnden 
Psykologisk-pedagogiskabibliotek, 
statens 

Psychology and Education 

R 
Radionâmnden 
Regeringskansliets fôrvaltnings-
kontor 
for the Ministries 
Regeringsrâtten 

Riksantikvarieâmbetet och statens 
historiska museer 

Riksarkivet  National Archives 
Riksbanken  Bank of Sweden 
Riksdagens fôrvaltningskontor 

Riksdagens ombudsman, JO 

Riksdagens revisorer 
Riksfôrsâkringsverket 

Riksgàldskontoret 
Rikspolisstyrelsen 
Riksrevisionsverket 
Riksskatteverket 
Riksutstâllningar,  Stiftelsen 

Riksâklagaren 

Rymdstyrelsen 
Râd fôr byggnadsforskning,  statens 

Râdet fôr grundlâggande hôgslcole-
utbildning  Undergraduate Education 
Râddningsverk, statens 

Râttshj âlpsnâmnden 

Râttsmedicinalverket 

Sameskolstyrelsen och sameskolor 

Sjôfartsverket 

Sjôhistoriska museer, statens 

Skattemyndigheterna  (24) 
Skogs- och jordbrukets  forknings-
râd 
Skogsstyrelsen 

Forestry and Agricultural  Research 

Swedish  Polar  Research 
Secretariat 
Press Subsidies Council 
National Library for 

Broadcasting  Commission 
Central Services  Office 

Administrative 

Supreme 
Court 
Central Board of National 
Antiquities  and  National 
Historical Museums 

Parliamentary 

Administration  Department 
of  the Swedish Parliament 
The 
Ombudsmen 
The Parliamentary Auditors 
National  Social  Insurance 
Board 
National Debt  Office 
National Police Board 
National Audit Bureau 
National Tax Board 
Travelling 
Service 
Office  of  the  Prosecutor-
General 
National Space Board 
Council 
Research 
Council for Renewal of 

Exhibitions 

Building 

for 

National  Rescue  Services 
Board 
Regional 
Commission 
National  Board  of  Forensic 
Medicine 

Legal-aid 

Maritime 

Sami  (Lapp)  School  Board 
and  Sami (Lapp) Schools 
National 
Administration 
National 
Museums 
Local Tax Offices  (24) 
Swedish Council  for 

Maritime 

National Board of Forestry 

57 

Skolverk, statens 

Smittskyddsinstitutet 

Socialstyrelsen 

Socialvetenskapliga  forsknings 
ràdet 
Sprângâmnesinspektionen 

Social Research 

Statistiska centralbyrân 
Statskontoret Agency for Administrative  Development 
Stiftelsen  WHO 

Strâlskyddsinstitut, statens 

Styrelsen for  internationell 
utveckling, SIDA 
Styrelsen fôr Internationellt 
Nâringslivsbistând,  SWEDECORP 
Styrelsen for psykologiskt fbrsvar  5 

Styrelsen for  Sverigebilden 
Styrelsen for teknisk ackredi-
tering 
Styrelsen fôr u-landsforskning, 
SAREC 
Svenska institutet,  stiftelsen 

Technical Accreditation 

Research Cooperation with  Developing Countries 

1 
Talboks- och  punktskrifts 
biblioteket 
Teknikvetenskapliga  forsknings 
ràdet 
Tekniska museet,  stiftelsen 

and Braille Publications 

Tingsrâtterna (97) 
Tjânstefôrslagsnâmnden fôr dom-
stolsvâsendet Proposal Committee  ' 
Transportforskningsberedningen 
Transportrâdet 
Tullverket 

Swedish Board of Customs 

U 
Ungdomsrâd, statens 
Universitet och hôgskolor 

Utlânningsnâmnden 
Utsâdeskontroll, statens 

V 

Non-warlike  materials  contained  in Annex  II 

for 

Agency 

Institute 

National 
Education 
Swedish 
Infectious*  Disease Control 
National  Board  of  Health 
and  Welfare 
Swedish Council for 

for 

National 
Inspectorate  of 
Explosives and Flammables 
Statistics Sweden 

of 

Collaborating  Centre  on 
International 
Drug 
Monitoring 
National 
Institute 
Radiation  Protection 
Swedish International 
Development Authority 
Swedish International 
Enterprise Development 
National 
Psychological  Defence 
Image Sweden 
Swedish Board for 

Board 

of 

Swedish Agency for 

Swedish Institute 

Library of Talking Books 

Swedish Research Council 
for Engineering  Sciences 
National  Museum 
Science  and Technology 
District and City Courts (97) 
Judges Nomination 

of 

Transport Research Board 
Board of Transport 

State Youth Council 
Universities  and  University 
Colleges 
Aliens Appeals Board 
National  Seed  Testing  and 
Certification  Institute 

58 

Vatten- och avloppsnâmnd, statens 

Vattenôverdomstolen 

Verket fôr hôgskoleservice (VHS) 

Veterinârmedicinska anstalt, 
statens 

Institute 

Vâg- och trafikinstitut, statens 

Vârnpliktsverket 

Vàxtsortnâmnd, statens 

Yrkesinspektionen 

A 
Âklagarmyndigheterna 

Û 
Ôverbefâlhavaren 

Ôverstyrelsen fôr civil beredskap 

National  Water  Supply  and 
Sewage Tribunal 
Water  Rights  Court  of 
Appeal 
National Agency for Higher 
Education 
National Veterinary 

Road  and  Traffic  Research 
Institute 
Armed  Forces'  Enrolment 
Board 
National 
Board 

Plant  Variety 

Labour Inspectorate 

Public 
Authorities 

Prosecution 

Supreme Commander of the 
Armed Forces 
National  Board  of  Civil 
Emergency Preparedness 

UNITED KINGDOM 

Cabinet  office 

Chessington Computer Centre 
Civil Service College^ 
Recruitment and Assessment Service 
Civil Service Occupational Health Service 
Office  of Public Services and Science 
Parliamentary Counsel  Office 
The Government Centre on Information Systems (CCTA) 

Central Office  of Information 
Charity Commission 
Crown Prosecution Service 
Crown Estate Commissioners (Vote Expenditure only) 
Customs and Excise Department 
Department for National Savings 
Department for Education 

Higher Education Funding Council for England 

Department of Employment 

Employment Appeal Tribunal 

36 Non-warlike materials contained  in Annex II 

59 

Industrial  Tribunals 
Office  of Manpower  Economics 

Department of Health 

Central Council for Education and Training in Social Work 
Dental Practice Board 
English National Board for Nursing, Midwifery  and Health 
Visitors 
National Health Service Authorities and Trusts 
Prescription Pricing Authority 
Public Health Laboratory  Service Board 
U.K. Central Council for Nursing, Midwifery  and Health Visiting 

Department of National  Heritage 

British Library 
British Museum 
Historic Buildings and Monuments Commission for England (English  Heritage) 
Imperial  War Museum 
Museums and Galleries  Commission 
National  Gallery 
National Maritime Museum 
National Portrait Gallery 
Natural History  Museum 
Royal Commission on Historical  Manuscripts 
Royal Commission on Historical Monuments of England 
Royal Fine Art Commission  (England) 
Science  Museum 
Tate Gallery 
Victoria and Albert Museum 
Wallace  Collection 

Department of Social  Security 

Medical Boards and Examining Medical Officers  (War Pensions) 
Regional Medical  Service 
Independent Tribunal  Service 
Disability  Living Allowance Advisory Board 
Occupational  Pensions Board 
Social Security Advisory  Committee 

Department of the  Environment 

Building Research Establishment  Agency 
Commons  Commission 
Countryside  Commission 
Valuation  tribunal 
Rent Assessment  Panels 
Royal Commission on Environmental  Pollution 
The Buying  Agency 

Department of the Procurator  General and Treasury  Solicitor 

Legal  Secretariat to the Law  Officers 

Department of Trade and Industry 

60 

Laboratory of the Government  Chemist 
National Engineering  Laboratory 
National Physical  Laboratory 
National Weights and Measures  Laboratory 
Domestic Coal Consumers' Council 
Electricity  Committees 
Gas Consumers' Council 
Central Transport Consultative  Committees 
Monopolies and Mergers Commission 
Patent  Office 

Department of Transport 

Coastguard  Services 
Transport Research  Laboratory 
Export Credits Guarantee Department 
Foreign and Commonwealth  Office 

Wilton Park Conference  Centre 

Government Actuary's Department 
Government  Communications  Headquarters 
Home  Office 

Boundary  Commission for  England 
Gaming Board for Great Britain 
Inspectors of  Constabulary 
Parole Board and Local Review Committees 

House of Commons 
House of Lords 
Inland Revenue, Board of 
Intervention Board for Agricultural  Produce 
Lord Chancellor's  Department 

Combined Tax Tribunal 
Council on Tribunals 
Immigration Appellate Authorities 
Immigration  Adjudicators 
Immigration Appeal  Tribunal 

Lands Tribunal 
Law  Commission 
Legal Aid Fund (England and Wales) 
Pensions Appeal  Tribunals 
Public Trust  Office 
Office  of the Social Security  Commissioners 
Supreme Court Group (England and Wales) 
Court of Appeal - Criminal 
Circuit Offices  and Crown, County and Combined Courts (England  & Wales) 
Transport  Tribunal 

Ministry of Agriculture, Fisheries and Food 

Agricultural  Development and Advisory  Service 
Agricultural  Dwelling House Advisory  Committees 

61 

Agricultural  Land  Tribunals 
Agricultural  Wages Board and  Committees 
Cattle Breeding  Centre 
Plant Variety Rights  Office 
Royal Botanic Gardens, Kew 
37 

Ministry of  Defence 

Meteorological  Office 
Procurement  Executive 

National Audit  Office 
National Investment and Loans  Office 
Northern Ireland Court  Service 
Coroners  Courts 
County  Courts 
Court of Appeal and High Court of Justice in Northen Ireland 
Crown Court 
Enforcement  of Judgements  Office 
Legal Aid Fund 
Magistrates  Court 
Pensions Appeals  Tribunals 
Northern Ireland, Department of Agriculture 
Northern Ireland, Department of Economic  Development 
Northern Ireland, Department of Education 
Northern Ireland, Department of the Environment 
Northern Ireland, Department of Finance and Personnel 
Northern Ireland, Department of Health and Social  Services 
Northern Ireland  Office 

Crown Solicitor's  Office 
Department of the Director of Public Prosecutions for Northern Ireland 
Northern Ireland Forensic Science Laboratory 
Office  of Chief Electoral Officer  for Northern Ireland 
Police Authority for Northern Ireland 
Probation Board for Northern Ireland 
State Pathologist  Service 

Office  of Fair Trading 
Office  of Population  Censuses and  Surveys 

National  Health Service Central  Register 

Office  of the Parliamentary  Commissioner for Administration and Health  Service 
Commissioners 
Ordnance  Survey 
Overseas Development  Administration 

Natural Resources  Institute 

Paymaster  General's  Office 
Postal Business of the Post  Office 
Privy Council  Office 
Public Record  Office 

7Non-waiiike materials contained in  Annex II 

62 

Registry of Friendly  Societies 
Royal Commission on Historical  Manuscripts 
Royal Hospital, Chelsea 
Royal Mint 
Scotland, Crown Office  and Procurator 

Fiscal  Service 
Scotland, Registers of Scotland 
Scotland, General Register  Office 
Scotland, Lord Advocate's  Department 
Scotland, Queen's and Lord Treasurer's  Remembrancer 
Scottish Courts  Administration 

Accountant of Court's  Office 
Court of Justiciary 
Court of  Session 
Lands Tribunal for  Scotland 
Pensions Appeal  Tribunals 
Scottish Land Court 
Scottish Law  Commission 
Sheriff  Courts 
Social  Security Commissioners'  Office 

The Scottish Office  Central  Services 
The Scottish Office  Agriculture and Fisheries Department: 

Crofters  Commission 
Red Deer  Commission 
Royal Botanic Garden, Edinburgh 

The Scottish Office  Industry  Department 
The Scottish Office  Education  Department 

National Galleries of Scotland 
National Library of Scotland 
National Museums of Scotland 
Scottish Higher Education Funding Council 

The Scottish Office  Environment  Department 

Rent Assesment Panel and Committees 
Royal Commission on the Ancient and Historical Monuments of Scotland 
Royal Fine Art Commission for  Scotland 

The Scottish Office  Home and Health Departments 

HM Inspectorate of Constabulary 
Local Health Councils 
National Board for Nursing, Midwifery  and Health Visiting for  Scotland 
Parole Board for Scotland and Local Review Committees 
Scottish Council for Postgraduate Medical  Education 
Scottish Crime Squad 
Scottish Criminal Record  Office 
Scottish Fire Service Training  School 
Scottish National Health Service Authorities and Trusts 
Scottish Police College 

63 

Scottish Record  Office 
HM Stationery Office (HMSO) 
HM Treasury 

Forward 

Welsh Office 

Royal Commission of Ancient and Historical Monuments in Wales 
Welsh National Board for Nursing, Midwifery and Health Visiting 
Local Government Boundary Commission for Wales 
Valuation Tribunals (Wales) 
Welsh Higher Education Finding Council 
Welsh National Health Service Authorities and Trusts 
Welsh Rent Assessment Panels 

64 

AHNEXII 

MODEL NOTICE OF SERVICES  CONTRACTS 

A. PRIOR  INFORMATION 
1. 

B. OPEN PROCEDURE 
1. 

Name, address, telegraphic address, telephone, telex and fax 
numbers  of  the  contracting  authority,  and,  if  different,  of 
the  service  from  which  additional  information  may  be 
obtained. 
Intended total procurement in each of the service categories 
listed in  Annex IA. 
Estimated  date  for  initiating  the  award  procedures,  per 
category. 
Other  information. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

Name, address, telegraphic address, telephone, telex and fax 
numbers  of the contracting authority. 
Category of service and description. CPC reference  number. 
Quantity 
including,  where  applicable,  any  options  for 
further  procurement  and,  if  known,  an  estimate  of  the 
timing when such options may be exercised.  In the case of 
regular  contracts  or  of  contracts  which  are  to  be  renewed 
within  a  given  time,^ also,  if  known,  an  estimate  of  the 
timing of the subsequent  calls for tender for the services to 
be procured. 
Place of delivery. 
(a) 

Indication of whether the execution of the service is 
reserved 
by  law,  regulation  or  administrative 
provision to a particular  profession. 
Reference  of  the  law,  regulation  or  administrative 
provision. 
Indication  of whether  legal persons  should  indicate 
the.names  and  professional  qualifications  of  the 
staff  to  be  responsible  for  the  execution  of  the 
service. 

(b) 

(c) 

Indication of whether service providers can tender for a part 
of the  services concerned. 
Where applicable, non-acceptance of variants. 
Time limits for completion of the service or duration of the 
service  contract  and,  as  far  as  possible,  time  limit  for 
starting or providing the service. 
(a) 

Name  and  address  of  the  service  from  which  the 
necessary  documents may be requested. 

(b)  Where  applicable,  final  date  for  making  such 

requests. 

(c)  Where applicable, the amount and terms of payment 

(a) 
(b) 
(c) 

(a) 

of any  sum payable for such documents. 
Final date for receipt of tenders. 
Address to which they must be sent. 
Language  or  languages  in  which  they  must  be 
drawn up. 
Persons  authorized  to  be  present  at  the  opening  of 
tenders, 
Date, time and place of such opening. 

(b) 
WTiere applicable, any deposits and guarantees required. 

2. 

3. 

4. 
5. 
6. 

7. 

2. 

3. 
4. 

5. 

6. 
7. 

8. 

9. 

10. 

11. 

65 

Main  terms  concerning  financing  and  payment  and/or 
references to  the relevant provisions. 
Where  applicable,  the  legal  form  to  be  taken  by  the 
grouping of  service providers winning the contract. 
Information  concerning the service provider's own position, 
and  information  and formalities  necessary  for  an appraisal 
of the minimum economic and technical standards required 
of him. 
Period during which the tenderer is bound to keep open his 
tender. 
Criteria for the award of the contract  and, if possible, their 
order  of 
importance.  Criteria  other  than  the  lowest  price 
shall  be  mentioned  if  they  do  not  appear  in  the  contract 
documents. 
Other  information. 
Date(s) of publication of the prior information  notice in the 
Official  Journal of the European Communities or reference 
to its non- publication. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

12. 

13. 

14. 

15. 

16. 

17. 
18. 

19. 
20. 

21. 

C. RESTRICTED  PROCEDURE 
1. 

Name,  address,  telegraphic  address,  telephone,  telex  and 
fax number  of the contracting authority. 
Category of service and description. CPC reference  number. 
Quantity 
including,  where  applicable,  any  options  for 
further  procurement  and,  if  known,  an  estimate  of  the 
timing  when  such options may be exercised. In the case of 
regular  contracts  or  of  contracts  which  are  to  be  renewed 
within  a  given  time,  also,  if  known,  an  estimate  of  the 
timing of the subsequent  calls for tender for the services to 
be procured. 
Place of delivery. 
(a) 

Indication of whether the execution of the service is 
reserved 
by  law,  regulation  or  administrative 
provision to a particular profession. 
Reference  of  the  law,  regulation  or  administrative 
provision. 
Indication  of whether  legal  persons  should  indicate 
the  names  and  professional  qualifications  of  the 
staff  to  be  responsible  for  the  execution  of  the 
service. 

(b) 

(c) 

Indication of whether  service provider can tender for  a part 
of the  services concerned. 
Envisaged  number or range of service providers which will 
be invited  to tender. 
Where applicable, non-acceptance of variants. 
Time  limit  for  completion  of the  service or duration  of the 
service  contract  and,  as  far  as  possible,  time  limit  for 
starting or providing the service. 
Where  applicable,  the  legal  form  to  be  assumed  by  the 
grouping of  service providers winning the contract. 
(a)  Where  applicable,  justification  for  the  use  of  the 

accelerated  procedure. 
Final date for the receipt of requests to participate. 
Address to which they must be sent. 
Language(s) in which they must be drawn up. 

(b) 
(c) 
(d) 
Final date for dispatch of invitations to tender. 

2. 

3. 
4. 

5. 

6. 

7. 
8. 

9. 

10. 

11. 

66 

Where applicable, any deposits and guarantees required. 
Information  concerning the service provider's own position, 
and  the 
information  and  formalities  necessary  for  an 
appraisal of the minimum economic and technical standards 
required of him. 
Criteria  for  the award  of the contract  and, if possible, their 
order of  importance  if these are not stated in the  invitation 
to tender. 
Other  information. 
Date(s) of publication of the prior information  notice in the 
Official  Journal of the European Communities or  reference 
to its non- publication. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

12. 
13. 

14. 

15. 
16. 

17. 
18. 

19. 

D. NEGOTIATED  PROCEDURE 
1. 

Name, address, telegraphic address, telephone, telex and fax 
number  of the contracting authority. 
Category of service and description. CPC reference number. 
including,  where  applicable,  any  options  for 
Quantity 
further  procurement  and,  if  known,  an  estimate  of  the 
timing when such options may be exercised.  In the case of 
regular  contracts  or  of  contracts  which  are  to  be  renewed 
within  a  given  time,  also,  if  known,  an  estimate  of  the 
timing of the subsequent  calls for tender for the services to 
be procured. 
Place of delivery. 
(a) 

Indication of whether the execution of the service is 
by  law,  regulation  or  administrative 
reserved 
provision to a particular profession. 
Reference  of  the  law,  regulation  or  administrative 
provision. 
Indication  of whether  legal persons  should  indicate 
the  names  and  professional  qualifications  of  the 
staff  to  be  responsible  for  the  execution  of  the 
service; 

(b) 

(c) 

Indication  of whether  the  service provider  can tender  for  a 
part of the  services concerned. 
Envisaged number or range of service providers which will 
be invited  to tender. 
Where applicable, non-acceptance of variants. 
Time  limit  for  completion  of the  service or duration  of the 
service  contract  and,  as  far  as  possible,  time  limit  for 
starting or providing the service. 
Where  applicable,  the  legal  form  to  be  assumed  by  the 
grouping of  service providers winning the contract. 
(a)  Where  applicable,  justification  for  the  use  of  the 

accelerated  procedure. 
Final date for the receipt of requests to participate. 
Address to which they must be sent. 
Language(s) in which they must be drawn up. 

(b) 
(c) 
(d) 
Where applicable, any deposits and guarantees required. 
Information  concerning the service provider's own position, 
and  the 
information  and  formalities  necessary  for  an 
appraisal of the minimum economic and technical standards 
required of him. 
Where  applicable,  the  names  and  addresses  of  service 
providers  already selected by the contracting authority. 
Other  information. 

2. 

3. 
4. 

5. 

6. 

7. 
8. 

9. 

10. 

11. 
12. 

13. 

14. 

67 

15. 
16. 

17. 

18. 

Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Date(s)  of  previous  publications  in  the  Official  Journal  of 
the European  Communities. 
Indication whether the procurement is covered by the GPA. 

E. CONTRACT AWARD NOTICE 
1. 
2. 

Name and address of the contracting authority. 
Award  procedure  chosen.  In  the  case  of  the  negotiated 
procedure  without  prior  publication  of  a  tender  notice, 
justification  (Article 11(3)). 
Category of service and description. CPC reference  number. 
Quantity  of services procured. 
Date of award of the contract. 
Criteria for award of the contract. 
Number of tenders received. 
Name and address of service provider(s). 
Price or range of prices (minimum/maximum) paid. 
Value  of  winning  award(s)  or the highest  and  lowest  offer 
taken into  account in the award of the contract. 
Where  appropriate,  value  and  proportion  of  the  contract 
which may be  subcontracted to third parties. 
Other  information. 
Date  of  publication  of  the  contract  notice  in  the  Official 
Journal of the  European Communities. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
In  the  case  of  contracts  for  services  listed  in  Annex  I  B, 
agreement by  the contracting authority to publication of the 
notice (Article 16(3)). 

3. 

4. 
5. 
6. 
7. 
8. 
9. 

10. 

11. 
12. 

13. 
14. 

15. 

68 

ANNEX III 

MODEL NOTICES OF SUPPLY CONTRACTS 

A. PRIOR  INFORMATION 
1. 

B. OPEN  PROCEDURES 
1. 

The  name,  address,  telegraphic  address,  telephone,  telex 
numbers  of  the  contracting  authority,  and  if 
and  fax 
different,  of the  service from which  additional  information 
may be obtained. 
The  nature  and  quantity  or  value  of  the  products  to  be 
supplied. CPA  reference number. 
Estimated date for initiating the award procedures in respect 
of the  contract or contracts (if known). 
Other  information. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

(a) 
(b) 

The  name,  address,  telegraphic  address,  telephone,  telex 
and fax  numbers of the contracting authority. 
The award procedure chosen. 
(a) 
Form  of  the  contract  for  which  tenders  are  being 
(b) 
requested. 
Place of delivery. 
The  nature  of  the  goods  to  be  supplied,  including 
whether  tenders  are  requested  for  purchase,  lease, 
rental  or  hire  purchase  or  a  combination  of  these. 
CPA reference number. 
Quantity  of the goods to be supplied,  including any 
options  for  further  procurement  and,  if known,  an 
estimate  of  the  timing  when  such  options  may  be 
exercised.  In  the  case  of  regular  contracts  or  of 
contracts  which  are to be renewed  in  a given time, 
also,  if  known,  an  estimate  of  the  timing  of  the 
subsequent  calls  for  tender  for  the  supplies  to  be 
procured. 
Indication  of  whether  the  supplier  can  tender  for  a 
part of the  goods required. 

(d) 

(c) 

Time  limit  for  completion  of  supplies  or  duration  of  the 
supplies  contract  and,  as  far  as  possible,  time  limit  for 
starting or delivering supplies. 
(a) 

Name  and  address  of  the  service  from  which  the 
contract  documents  and additional  documents may 
be requested. 

(b)  Where  applicable,  the  final  date  for  making  such 

requests. 

(c)  Where applicable, the amount and terms of payment 

(a) 
(b) 
(c) 
(a) 

of the sum  to be paid to obtain such documents. 
The final date for receipt of tenders. 
The address to which they must be sent. 
The languages in which they must be drawn up. 
The persons authorized to be present at the opening 
offenders, 
The date, hour and place of such opening. 
(b) 
WTiere applicable, any deposits and guarantees required. 
The  main  terms  concerning  financing  and  payment  and/or 
references  to the provisions in which these are contained. 
Where  applicable,  the  legal  form  to  be  taken  by  the 
grouping of  suppliers to whom the contract is awarded. 

2. 

3. 

4. 
5. 
6. 

7. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

69 

Information  concerning  the  supplier's  own  position,  and 
information  and  formalities  necessary  for  an  appraisal  of 
the minimum economic and technical  standards required  of 
the supplier. 
Period during which the tenderer is bound to keep open his 
tender. 
The criteria for the award of the contract. Criteria other than 
that  of  the  lowest price  shall  be mentioned  if they  do  not 
appear in the contract documents. 
Where applicable, prohibition on variants. 
Other  information. 
Date(s) of publication of the prior information  notice in the 
Official 
the  European  Communities  or 
Journal  of 
references to its non- publication. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

11. 

12. 

13. 

14. 
15. 
16. 

17. 
18. 

19. 

C. RESTRICTED  PROCEDURES 
1. 

The  name,  address,  telegraphic  address,  telephone,  telex 
and fax  numbers of the contracting authority. 
(a) 
The award procedure chosen. 
(b)  Where  applicable,  justification  for  use  of  the 

(c) 

(a) 
(b) 

(c) 

(d) 

accelerated  procedure. 
Form  of  the  contract  for  which  tenders  are  being 
requested. 
Place of delivery. 
The  nature  of  the  goods  to  be  supplied,  including 
whether  tenders  are  requested  for  purchase,  lease, 
rental  or  hire  purchase  or  a  combination  of  these. 
CPA reference  number. 
the  quantity  of  the  goods  to  be  supplied,  including 
any options  for  further  procurement  and, if known, 
an estimate of the timing when such options may be 
exercised.  In  the  case  of  regular  contracts  or  of 
contracts which  are to be renewed  in a given time, 
also,  if known,  an  estimate  of  the  subsequent  calls 
for tender for the supplies to be procured. 
Indication  of  whether  the  supplier  can  tender  for  a 
part of the  goods required. 

Time  limit  for  completion  of  supplies  or  duration  of  the 
supplies  contract  and,  as  far  as  possible,  time  limit  for 
starting or delivering supplies. 
Where  applicable,  the  legal  form  to  be  assumed  by  the 
grouping of  suppliers to whom the contract is awarded. 
(a) 

The  final  date  for  the  receipt  of  requests  to 
participate. 
The address to which they must be sent. 
The language(s) in which they must be drawn up. 

(b) 
(c) 
The final date for the dispatch of invitations to tender. 
Where applicable, any deposits and guarantees required. 
Information  concerning the supplier's personal position, and 
the  information  and  formalities  necessary  for  an  appraisal 
of the minimum economic and technical  standards required 
of him. 
The criteria for the award of the contract where they are not 
mentioned in the invitation to tender. 
Envisaged  number  or  range  of  suppliers  which  will  be 
invited to  tender. 
Where applicable, prohibition on variants. 

2. 

3. 

4. 

5. 

6. 

7. 
8. 
9. 

10. 

11. 

12. 

70 

13. 
14. 

15. 
16. 

17. 

Other  information. 
Date(s) of publication of the prior information  notice in the 
Official 
the  European  Communities  or 
Journal  of 
references to its non- publication. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

D. NEGOTIATED  PROCEDURES 
1. 

The  name,  address,  telegraphic  address,  telephone,  telex 
and fax  numbers of the contracting authority. 
(a) 
The award procedure chosen. 
(b)  Where  applicable,  justification  for  use  of  the 

accelerated  procedure. 

(c)  Where  applicable,  form  of  contract  for  which 

(a) 
(b) 

(c) 

(d) 

tenders are  invited. 
Place of delivery. 
The  nature  of  the  goods  to  be  supplied,  including 
whether  tenders  are requested  for  rental, purchase, 
lease  or  hire  purchase  or  a  combination  of  these. 
CPA reference  number. 
the  quantity  of the  goods  to  be  supplied,  including 
any options  for  further  procurement  and, if known, 
an estimate of the timing when such options may be 
exercised.  In  the  case  of  regular  contracts  or  of 
contracts  which  are to be renewed  in  a given  time, 
also,  if known,  an  estimate  of  the  subsequent  calls 
for tender for the supplies to be procured. 
Indication  of whether the suppliers  can tender  for  a 
part of the  goods required. 

Time  limit  for  completion  of  supplies  or  duration  of  the 
contract  and,  as  far  as  possible,  time  limit  for  starting  or 
delivering supplies. 
Where  applicable,  the  legal  form  to  be  assumed  by  a 
grouping of  suppliers to whom the contract is awarded. 
(a) 

The  final  date  for  the  receipt  of  requests  to 
participate. 
The address to which they must be sent. 
(b) 
(c) 
The language(s) in which they must be drawn up. 
Where applicable, any deposits and guarantees required. 
Information  concerning the supplier's personal position, and 
the  information  and  formalities  necessary  for  an  appraisal 
of the minimum economic and technical  standards required 
of him. 
Envisaged  number  or  range  of  suppliers  which  will  be 
invited to  tender. 
Where applicable, prohibition on variants. 
Where  applicable,  the  names  and  addresses  of  suppliers 
already  selected by the contracting authority. 
Where  applicable,  date(s)  of  previous  publications  in  the 
Official  Journal of the European Communities. 
Other  information. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

2. 

3. 

4. 

5. 

6. 

7. 
8. 

9. 

10. 
11. 

12. 

13. 
14. 
15. 

16. 

E. CONTRACT  AWARDS 
1. 

Name and address of the contracting authority. 

2. 

3. 
4. 
5. 
6. 
7. 

8. 
9. 

10. 

11. 
12. 

13. 
14. 

71 

Award  procedure  chosen.  In  the  case  of  the  negotiated 
procedure,  without  publication  of  a  tender  notice, 
justification (Article 6(3)). 
Date of award of the contract. 
Criteria for award of the contract. 
Number of tenders received. 
Name and address of supplier(s). 
The  nature  and  quantity  of  goods  supplied,  where 
applicable, by  supplier. CPA reference number. 
Price or range of prices (minimum/maximum) paid. 
Value of winning award(s) or the highest and lowest  offer 
taken into  account in the award of the contract. 
Where appropriate, value and proportion of contract likely 
to be  subcontracted to third parties. 
Other information. 
Date  of  publication  of  the  tender  notice  in  the  Official 
Journal of the  European Communities. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 

72 

ANNEXIV 

MODEL NOTICES OF WORKS CONTRACTS 

A. PRIOR INFORMATION 
1. 

B. OPEN PROCEDURES 
1. 

2. 

3. 

4. 

5. 
6. 
7. 

8. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

Name,  address,  telephone  number,  telegraphic  address, 
telex and fax  numbers of the contracting authority. 
(a) 
(b) 

Site. 
Nature  and extent of the works to be provided  and, 
where  relevant, main characteristics of any  lots by 
reference to the work. 
if  available,  an  estimate  of  the  cost  range  of  the 
proposed  works. 
Estimated date for initiating the award procedures in 
respect of  the contract or contracts. 
If known, estimated date for the start of the work. 
If known, estimated timetable for completion of the 
work. 

(c) 

(a) 

(b) 
(c) 

If  known,  terms  of  financing  of  the  work  and  of  price 
revision and/or  references to the provisions in which these 
are contained. 
Other  information. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

Name,  address,  telephone  number,  telegraphic  address, 
telex and fax  numbers of the contracting authority. 
(a) 
(b) 

Award procedure chosen. 
Nature  of  the  contract  for  which  tenders  are  being 
requested. 
Site. 
Nature  and  extent  of the  works to be provided  and 
general  nature  of  the  work,  including  any  options 
for  further  works  and  if known,  an  estimate  of  the 
timing when such options may be exercised. 
If the work or the contract is subdivided into several 
lots, the  size of the different  lots and the possibility 
of tendering for one, for several or for all of the lots. 
Information  concerning  the purpose  of the  work  or 
the  contract  where  the  latter  also  involves  the 
drawing up of projects. 

(a) 
(b) 

(c) 

(d) 

Time  limit  for  completion  of  the  works  or  duration  of  the 
works 
contract  and,  as  far  as  possible,  time  limit  for 
starting the works. 
(a) 

Name  and  address  of  the  service  from  which  the 
contract  documents  and additional  documents may 
be requested, 

(b)  Where applicable, the amount and terms of payment 

of the sum  to be paid to obtain such documents. 
Final date for receipt of tenders. 
Address to which tenders must be sent. 
Language(s) in which tenders must be drawn up. 

(a) 
(b) 
(c) 
(a)  Where  applicable,  the  persons  authorized  to  be 

present at the  opening of tenders, 
Date, hour and place of opening of tenders. 

(b) 
Any deposit and guarantees required. 
Main  terms  concerning  financing  and  payment  and/or 
references to  the provisions in which these are contained. 

73 

Where  applicable, the  legal  form  to  be taken  the  grouping 
of  contractors to whom the contract is awarded. 
Information  concerning  the  contractor's  personal  position 
and  minimum  economic  and  technical  standards  required 
of the contractor to whom the contract is awarded. 
Period during which the tenderer is bound to keep open his 
tender. 
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. 
Where applicable, prohibition on variants. 
Other  information. 
Date  of  publication  of  the  prior  information  notice  in  the 
Official 
the  European  Communities  or 
Journal  of 
references to its non- publication. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

10. 

11. 

12. 

13. 

14. 
15. 
16. 

17. 
18. 

19. 

C. RESTRICTED  PROCEDURES 
1. 

2. 

3. 

4. 

5. 

6. 

7. 
8. 
9. 

10. 

11. 

12. 
13. 
14. 

Name,  address,  telephone  number,  telegraphic  address, 
telex and fax  numbers of the contracting authority. 
(a) 
(b)  Where  applicable,  justification  for  the  use  of  the 

Award procedure chosen. 

(c) 

(a) 
(b) 

(c) 

(d) 

accelerated  procedure. 
Nature  of  the  contract  for  which  tenders  are  being 
requested. 
Site. 
Nature  and extent  of the works  to  be provided  and 
general  nature  of  the  work,  including  any  options 
for  further  works  and, if known,  an estimate  of the 
timing when such options may be exercised. 
If the work of the contract is subdivided into several 
lots, the  size of the different  lots and the possibility 
of tendering for one, for several or for all of the lots. 
Information  concerning  the purpose  of the  work  or 
the  contract  where  the  latter  also  involves  the 
drawing up of projects. 

Final date for receipt of requests to participate. 
Address to which requests must be sent. 
Language(s) in which requests must be drawn up. 

Time  limit  for  completion  of the  works  or  duration  of  the 
works 
contract  and,  as  far  as  possible,  time  limit  for 
starting the works. 
Where  applicable,  the  legal  form  to  be  taken  by  the 
grouping of  contractors to whom the contract is awarded. 
(a) 
(b) 
(c) 
Final date for dispatch of invitations to tender. 
Any deposit and guarantees required. 
Main  terms  concerning  financing  and  payment  and/or  the 
provisions in  which these are contained. 
Information  concerning  the  contractor's  personal  position 
and  minimum  economic  and  technical  standards  required 
of the contractor to whom the contract is awarded. 
Criteria  for  the  award  of  the  contract  where  they  are  not 
mentioned in  the invitation to tender. 
Where applicable, prohibition on variants. 
Other  information. 
Date  of  publication  of  the  prior  information  notice  in  the 
Official  Journal of the European Communities or  reference 
to its non- publication. 

74 

15. 
16. 

17. 

Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Indication whether the procurement is covered by the GPA. 

D. NEGOTIATED  PROCEDURES 
1. 

Name,  address,  telephone  number,  telegraphic  address, 
telex and fax  numbers of the contracting authority. 
(a) 
(b)  Where  applicable,  justification  for  the  use  of  the 

Award procedure chosen. 

(ç) 

(a) 
(b) 

(c) 

(d) 

accelerated  procedure, 
Nature  of  the  contract  for  which  tenders  are  being 
requested. 
Site. 
Nature and extent of the services to be provided and 
general  nature  of  the  work,  including  any  options 
for  further  works  and,  if known,  an estimate  of the 
timing when such options may be exercised. 
If the work or the contract is subdivided into several 
lots, the  size of the different  lots and the possibility 
of tendering for one, for several or for all of the lots. 
Information  concerning  the purpose  of the  work  or 
the  contract  where  the  latter  also  involves  the 
drawing up of projects. 

Final date for receipt of requests to participate. 
Address to which they must be sent. 
Language(s) in which they must be drawn up. 

Time  limit  for  completion  of the  works  or  duration  of  the 
works 
contract  and,  as  far  as  possible,  time  limit  for 
starting the works. 
Where  applicable, the legal form  to be taken, the  grouping 
of  contractors to whom the contract is awarded. 
(a) 
(b) 
(c) 
Any deposit and guarantees required. 
Main  terms  concerning  financing  and  payment  and/or  the 
provisions in  which these are contained. 
Information  concerning  the  contractor's  personal  position 
and 
information  and  formalities  necessary  in  order  to 
evaluate  th.e  minimum  economic  and  technical  standards 
required of the contractor to whom the contract is awarded. 
Where applicable, prohibition on variants. 
Where  applicable,  name  and  address  of  suppliers  already 
selected by  the awarding authority. 
Date(s)  of  previous  publications  in the  Official  Journal  of 
the European  Communities. 
Other  information. 
Date  of  publication  of  the  prior  information  notice  in  the 
Official  Journal of the European Communities. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 
Date(s) of previous publication in the Official  Journal of the 
European  Communities. 
Indication whether the procurement is covered by the GPA. 

E. CONTRACT  AWARDS 
1. 
2. 

Name and address of awarding authority. 
Award  procedure  chosen.  In  the  case  of  the  negotiated 
procedure  without  prior  publication  of  a  tender  notice, 
justification  (Article 7(4)). 
Date of award of contract. 
Criteria for award of contract. 

2. 

3. 

4. 

5. 

6. 

7. 
8. 

9. 

10. 
11. 

12. 

13. 
14. 

15. 
16. 

17. 

18. 

3. 
4. 

5. 
6. 
7. 

8. 
9. 

10. 

11. 
12. 

13. 
14. 

75 

Number of offers received. 
Name and address of successful contractors). 
Nature and extent/quantity of the works provided, general 
characteristics of the finished structure. 
Price or range of prices (minimum/maximum) paid. 
Value of winning award(s) or the highest and lowest  offer 
taken into  account in the award of the contract. 
Where appropriate, value and proportion of contract likely 
to be  subcontracted to third parties. 
Other information. 
Date  of  publication  of  the  tender  notice  in  the  Official 
Journal of the  European Communities. 
Date of dispatch of the notice. 
Date  of  receipt  of  the  notice  by  the  Office  for  Official 
Publications of  the European Communities. 

14, 

COMPETITIVENESS  AND EMPLOYMENT IMPACT  STATEMENT 

I. 

Title of the proposal 

Amended Proposal for a Parliament and Council Directive amending  Directives 
92/50/EEC (public service contracts), 93/36/EEC (public supply contracts) and 
93/37/EEC (public works contracts). 

II.  What is the main reason for introducing the measures? 

The taking into account in the above-mentioned Directives of the  international 
obligations deriving from the new WTO Agreement on Government  Procurement 
(GPA). 

Ill 

Features of the businesses  concerned 

1. 

2. 

In particular, are many SMEs involved? 
Public supply, public works and public service contracts are in many 
cases likely to interest SMEs, either directly or indirectly. 

Are they concentrated  in regions of the Community which are: 
eligible for national regional aid schemes? No. 
eligible for ERDF assistance? No. 

IV.  What direct obligations do these measures impose on businesses? 

These measures impose few direct obligations on businesses. If businesses decide 
to participate in an award procedure, which is subject to the Directives, then they 
will be obliged, for instance, to submit the documentation required by the 
contracting authority and to submit tenders in writing . Where an undertaking 
avails itself of the possibility of submitting tenders by telex, telegram or telefax, 
then it may be obliged to confirm  this by letter. 

V.  What indirect obligations  are local authorities likely to impose on 

businesses? 

Local authorities are likely to impose few indirect obligations on businesses as a 
result of these measures. Given that the conditions for shortening  certain 
deadlines are slightly more strict than previously, local authorities would be likely 
to require undertakings to maintain the validity of their tender for a longer period 
where the authority is no longer able or willing to shorten deadlines. 

VI. 

Do anv special  measures apply in respect of SMEs? 

This proposal does not contain any new measures applicable to SMEs. 

VII.  What is the likely effect on: 

1. 

2. 

Business  competitiveness? 
The abovementioned  Directives are aimed at boosting business  competitiveness 
across the Community. The amendments pursue the same aim. 

Employment? 
The impact on employment can be regarded as limited. 

VIII.  Have both sides of industry been consulted? Please indicate their opinions. 

Both  sides  of  industry  have  commented  largely  on the original  proposal,  directly 
to  the  Commission,  in  a  hearing  organised  by  the  European  Parliament  and 
through the consultation of the Economic and Social Committee. 

18 

ISSN 0254-1475 

COM(96) 623 final 

DOCUMENTS 

EN 

10  02  08 

Catalogue number  :  CB-CO-96-619-EN-C 

ISBN 92-78- 11958-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg