Decision on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive amending Directives 92/50/EEC, 93/36/EEC and 93/ 37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively (C4-0038/97 95/ 0079(COD))
Date: 1997-05-14
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: EU Member State, GATT, award of contract, public administration, services contract, supplies contract, works contract













EUR-Lex - 51997AP0158 - EN






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51997AP0158

Decision on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive amending Directives 92/50/EEC, 93/36/EEC and 93/ 37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively (C4-0038/97 95/ 0079(COD))  


Official Journal C 167 , 02/06/1997 P. 0052 





A4-0158/97Decision on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively (C4-0038/97 - 95/0079(COD))(Codecision procedure: second reading)The European Parliament,- having regard to the common position of the Council, C4-0038/97 - 95/0079(COD),- having regard to its opinion at first reading ((OJ C 78, 18.3.1996, p. 18.)) on the Commission proposal to Parliament and the Council, COM(95)0107 ((OJ C 138, 3.6.1995, p. 1.)),- having regard to the amended Commission proposal, COM(96)0623,- having regard to Article 189b(2) of the EC Treaty,- having regard to Rule 72 of its Rules of Procedure,- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0158/97),1. Amends the common position as follows;2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;4. Instructs its President to forward this decision to the Council and Commission.(Amendment 4)Recital 10>Original text>(10) Whereas the rules contained in Article VI(4) of the Agreement, whereby contracting authorities 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, are 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; whereas therefore it is superfluous to amend these Directives to that effect;>Text following EP vote>(10) Whereas contracting authorities may seek or accept advice which may be used in the preparation of specifications for a specific procurement, provided that such advice does not have the effect of precluding competition;(Amendment 2)Recital 10a (new)>Text following EP vote>(10a) Whereas the Commission shall make available to small and medium-sized undertakings the training and information materials they need to enable them to participate fully in the changed procurement market;(Amendment 3)Annex I, Federal Republic of Germany, item 17a (new)>Original text>>Text following EP vote>17a. Federal Ministry of Transport