Proposal for a Directive of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy and transport sectors
Date: 2000-05-10
Institutions: European Commission
Subjects: award of contract, competition, public contract, public service, telecommunications

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Proposal

for a Directive of

the European Parliament and of the Council coordinating the

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

(2001/C 29 E/03)

(Text with EEA relevance)

COM(2000) 276 final/2 (cid:151) 2000/0117(COD)

(Submitted by the Commission on 31 August 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

principles, this coordination should establish a framework
for
sound commercial practice and should allow a
maximum of flexibility.

Having regard to the Treaty establishing the European
Community, and in particular Articles 47(2), 55 and 95
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure set out in Article 251
of the Treaty,

Whereas:

of

the

procedures

procurement

(1) Council Directive 93/38/EEC of 14 June 1993 coor-
dinating
entities
operating in the water, energy, transport and telecom-
munications sectors (1) was last amended by Directive
the
the European Parliament
98/4/EC of
Council (2). On the occasion of new amendments, which
are necessary to respond to requests for simplification and
and
modernisation made by contracting authorities
to the
economic operators alike in their
on
the
adopted
Paper
Green
27 November 1996 (3).
the
Directive should therefore be recast.

responses
Commission
In the interests of clarity,

and of

by

(3) Community legislation, and in particular Council Regu-
lation (EEC) No 3975/87 of 14 December 1987 laying
down the procedure for the application of the rules on
competition to undertakings in the air transport sector (4)
and Regulation (EEC) No 3976/87 of 14 December 1987
on the application of Article 85(3) of the Treaty to certain
categories of agreements and concerted practices in the
air transport sector (5) are designed to introduce more
competition between entities offering air
transport
services to the public. It is therefore not appropriate to
include such entities in the scope of this Directive. In view
it
of the competitive position of Community shipping,
would also be inappropriate to make the contracts
awarded in this
this
subject
Directive.

to the rules of

sector

by

awarded

contracts

contracting

jure and de

(4) The scope of Directive 93/38/EEC covers, at present,
certain
entities
operating in the telecommunications sector. A legislative
framework, as mentioned in the fourth report on the
the telecommunications regulations
implementation of
of 25 November 1998 (6), has been adopted to liberalise
the telecommunications sector. One of its consequences
has been the introduction of effective competition, both
information
in this
de
purposes,
the
Commission has published a list of telecommunications
services (7) which may already be excluded from the scope
of that Directive by virtue of Article 8 thereof. Further
progress has been confirmed in the fifth report on the
implementation of
regulation of
10 November 1999 (8).
therefore no longer
It
necessary to regulate purchases by entities operating in
this sector.

telecommunications
is

sector. For
this

and in the

situation,

light of

facto,

(2) The procedures for the award of contracts which are
applied by entities operating in the water, energy and
transport sectors call
for a coordination based on the
requirements inferrable from Articles 14 [delete f.n.] 28
and 49 of the EC Treaty and from Article 97 of the
Euratom Treaty, namely the principles of equality of
treatment, of which the principle of non-discrimination
is no more than a specific expression, mutual recognition,
transparency and the opening-up of public procurement
to competition. Whilst ensuring the application of those

(1) OJ L 199, 9.8.1993, p. 84.
(2) OJ L 101, 1.4.1998, p. 1.
(3) COM(96) 583 final.

(5) It

is therefore no longer appropriate to maintain the
Advisory committee on telecommunications procurement,
set up by Council Directive 90/531/EEC (9).

(4) OJ L 374, 31.12.1987, p. 1; Regulation as last amended by Regu-

lation (EEC) No 2410/92 (OJ L 240, 28.4.1992, p. 18).

(5) OJ L 374, 31.12.1987, p. 9; Regulation as last amended by the Act

of Accession of Austria, Finland and Sweden.

(6) COM(1998) 594 final.
(7) OJ L 156, 3.6.1999, p. 3.
(8) COM(1999) 537 final.
(9) OJ L 297, 29.10.1990, p. 1.

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(6) Nevertheless,

it

is appropriate to continue to monitor
developments on the telecommunications market and
that it should reconsider the situation if it is established
that there is no longer effective competition in that sector.

(7) Directive 93/38/EEC excludes from its scope purchases of
telex, mobile telephone, paging and
voice telephony,
satellite services. Those exclusions were introduced to
the services in question
take account of
the fact that
service
could frequently be provided only by one
provider in a given geographical area because of
the
absence of effective competition and the existence of
special or exclusive rights. The introduction of effective
competition in the telecommunications sector removes
the justification for
therefore
necessary to include the procurement of such telecom-
munications services in the scope of this Directive.

these exclusions.

is

It

(8) The need to ensure a real opening-up of the market and a
fair balance in the application of procurement rules in the
water, energy and transport sectors requires that
the
entities to be covered must be identified on a basis
other than by reference to their legal status. It has to be
ensured, therefore, that the equal treatment of contracting
entities operating in the public sector and those operating
in the private sector is not prejudiced. It is also necessary
to ensure, in keeping with Article 295 of the Treaty, that
the rules governing the system of property ownership in
Member States are not prejudiced.

(9) One major reason for the introduction of rules coor-
dinating procedures for the award of contracts in these
areas is the variety of ways in which national authorities
including
can influence the behaviour of these entities,
participation in their capital and representation in the
entities’ administrative, managerial or supervisory bodies.

(10) Another main reason why it is necessary to coordinate
procurement procedures applied by the entities operating
in these sectors is the closed nature of the markets in
which they operate, due to the existence of special or
exclusive
rights granted by the national authorities
concerning the supply to, provision or operation of
networks for providing the service concerned.

(11) There has to be an appropriate definition of the concept
of special and exclusive rights. The consequence of the
definition is
the purpose of
constructing the networks or the port or airport facilities,
an entity may take advantage of a procedure for the
expropriation of property, or for its bearing a right of

the fact

that,

that

for

way, or may place network equipment on, under or
in itself constitute
over the public highway shall not
exclusive or special rights within the meaning of
this
Directive. Nor does the fact that an entity supplies with
drinking water, electricity, gas or heat a network which is
itself operated by an entity enjoying special or exclusive
rights granted by a competent authority of the Member
State concerned constitute in itself an exclusive or special
right within the meaning of this Directive.

It

(12) This Directive should apply neither to contracts intended
to permit the provision of a service referred to by Articles
3 to 6 of this Directive nor to design contests organised
for the pursuit of such an activity if, in the Member State
in which this activity is to be carried out, it is directly
exposed to competition on markets to which access is not
limited.
a
mechanism, applicable to all sectors covered by this
that will enable the effects of current or
Directive,
future liberalisation to be taken into account. Such a
mechanism must provide legal certainty for the entities
concerned, as well as an appropriate decision-making
process, particularly as regards the timeframe available
to the Commission for reaching its decision concerning
the possible exemption of a specific sector.

to introduce

appropriate

therefore

is

(13) Direct exposure to competition must be assessed on the
basis of objective criteria, taking account of the specific
characteristics of the sector concerned. The implemen-
tation and application of appropriate Community legis-
lation liberalising a given sector, or a part of it, will be
considered to provide sufficient grounds for assuming
there is free access to the market in question. Such appro-
priate legislation should be identified in an annex which
can be updated by the Commission. Where access to a
given market is not liberalised by Community legislation,
the Member States must demonstrate that, de jure and de
facto, such access is free.

this Directive,
that

(14) Where an activity is carried out by a public authority
within the meaning of
the competitive
the activity in
pressure resulting from the fact
question is directly exposed to competition on markets
to which access is not limited might not be sufficient to
award
ensure
economic
procedures
considerations. It is therefore appropriate that contracts
awarded by public authorities in such situations should
continue to be governed by this Directive. The general
mechanism for exemption should therefore not apply to
activities carried out by public authorities.

that decisions
are

taken under
exclusively

contract
on

based

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(15) To forestall

that

It has to be ensured, however,

the existence of a multitude of

specific
arrangements applicable to certain sectors only,
the
current special arrangements created by Article 3 of
Directive 93/38/EEC and Article 12 of European
Parliament and Council Directive 94/22/EC (1) governing
entities exploiting a geographical area for the purpose of
exploring for or extracting oil, gas, coal or other solid
fuels
should be replaced by the general mechanism
allowing for exemption of sectors directly exposed to
this
competition.
will be without prejudice to Commission Decisions
93/676/EEC of 10 December 1993 establishing that the
exploitation of geographical areas for the purpose of
exploring for or extracting oil or gas does not constitute
in the Netherlands an activity defined by Article 2(2)(b)(i)
of Council Directive 90/531/EEC and that entities carrying
to be considered in the
on such an activity are not
special or exclusive
Netherlands as operating under
the
rights within the meaning of Article 2(3)(b) of
Directive (2) and 97/367/EC of 30 May 1997 establishing
that the exploitation of geographical areas for the purpose
of exploring for or extracting oil or gas does not
constitute in the United Kingdom an activity defined by
Article 2(2)(b)(i) of Council Directive 93/38/EEC and that
entities carrying on such an activity are not
to be
considered in the United Kingdom as operating under
special or exclusive rights within the meaning of Article
2(3)(b) of the Directive (3).

(16) Certain entities providing bus transport services to the
public, already excluded from the scope of Directive
93/38/EEC, should also be excluded from the scope of
the
this Directive. Furthermore,
existence of
arrangements
applying to certain sectors only, the general mechanism
liberalisation into
must,
is to take the effects of
account, also apply to bus transport services if
these
services are provided by entities which, at the time of
entry into force of
to
Directive 93/38/EEC.

this Directive, are still subject

a multitude of

to forestall

in order

specific

it

if

(17)

is appropriate that

the contracting entities apply
It
their
common procurement procedures in respect of
activities relating to water and that
these rules also
apply where public authorities within the meaning of
this Directive
their
projects in the field of hydraulic engineering, irrigation,
land drainage or the disposal and treatment of sewage.
However, procurement rules of
the type proposed for
supplies of goods are inappropriate for purchases of
water, given the need to procure water from sources
near the area in which it will be used.

award contracts

in respect of

(1) OJ L 164, 30.6.1994, p. 3.
(2) OJ L 316, 17.12.1993, p. 41.
(3) OJ L 156, 13.6.1997, p. 55.

relating

to establish a multilateral
and obligations

(18) Council Decision 94/800/EC of 22 December 1994
concerning the conclusion on behalf of
the European
Community, as regards matters within its competence,
of the Agreements reached in the Uruguay Round multi-
(1986 to 1994) (4), approved in
lateral negotiations
particular the Agreement on Government Procurement,
the aim of
referred to hereinafter as the (cid:145)Agreement(cid:146),
framework of
which is
balanced rights
to public
contracts with the aim of achieving the liberalisation
and expansion of world trade. In view of the international
rights and commitments devolving on the Community as
a result of
the
arrangements to be applied to tenderers and products
from signatory third countries are those defined by the
Agreement. This Agreement does not have direct effect.
The contracting authorities covered by the Agreement
which comply with this Directive and which apply the
same provisions as regards economic operators of third
countries which are signatories to the Agreement must
therefore be in conformity with the Agreement.
is
also appropriate that this Directive should guarantee for
Community economic operators conditions for partici-
pation in public procurement which are just as favourable
as
third
those reserved for economic operators of
countries which are signatories to the Agreement.

the acceptance of

the Agreement,

It

results

and the

thresholds

award procedures

(19) Without prejudice to the international commitments of
the Community, it is necessary to simplify the implemen-
this Directive, particularly simplifying the
tation of
thresholds and by rendering applicable to all contracting
entities, regardless of the sector in which they operate, the
provisions
regarding the information to be given to
participants concerning decisions taken in relation to
thereof.
contract
Furthermore, in view of Monetary Union, it is appropriate
expressed in euro. Consequently,
to set
thresholds should be set, in euro,
in such a way as to
simplify the application of these provisions while at the
same time ensuring compliance with the thresholds laid
down in the Agreement, which are expressed in Special
Drawing Rights. To this end, the thresholds expressed in
euro should be periodically revised in order to adjust
in line with possible negative
them, where necessary,
the euro in relation to the
variations in the value of
thresholds
the
Special Drawing Right.
In addition,
applicable to design contests
to
should be identical
those applicable to service contracts.

(20) This Directive should not apply to procurement contracts
which are declared secret or may affect basic State
security interests or are concluded according to other
rules set up by existing international agreements or inter-
national organisations. Nor should this Directive apply to
design contests governed by different procedural rules laid
down by existing international agreements or by inter-
national organisations.

(4) OJ L 336, 23.12.1994, p. 1.

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(21) Obstacles to the free provision of services need to be
service providers may be either
avoided. Therefore,
legal persons. This Directive should not,
natural or
however, prejudice the application, at national
level, of
rules concerning the conditions for the pursuit of an
activity or a profession, provided that they are compatible
with Community law.

to supplies of goods make it possible to overcome existing
obstacles to the purchases of energy and fuels in the
energy sector. As a result, it is no longer appropriate to
exclude these purchases from the scope of this Directive.

(22) This Directive should cover the provision of services only
where based on contracts: provision of services on other
bases,
employment
contracts, is therefore not covered.

regulations, or

such as

law or

scientific

(23) Pursuant to Article 163 of the Treaty, the encouragement
of research and development is a means of strengthening
and technological basis of European
the
industry, and the opening-up of public procurement
contributes to this end. This Directive should not cover
the
development
programmes: research and development contracts other
than those where the benefits accrue exclusively to the
contracting authority for its use in the conduct of its own
affairs, on condition that the service provided is wholly
remunerated by the
are not
therefore covered by this Directive.

contracting authority,

cofinancing

research

and

of

(30) The field of services is best described, for the purpose of
application of the rules of this Directive and for moni-
toring purposes, by subdividing it into categories corre-
sponding to particular headings of a common nomen-
clature and to group them in two Annexes, XVI A and
XVI B, according to the regime which applies to them. For
applicable
services
provisions of
this Directive should not prejudice the
application of Community rules specific to such services.

covered by Annex XVI B,

the

(31) As

regards

service contracts,

full application of

this
Directive must be limited, for a transitional period, to
the full
contracts where its provisions will permit
potential for increased cross-frontier trade to be realised.
Contracts for other services need to be monitored during
this transitional period before a decision is taken on the
full application of
the
this Directive.
mechanism for such monitoring needs to be defined.
This mechanism must, at the same time, enable interested
parties to have access to the relevant information.

In this respect,

(24) Contracts for the acquisition or rental of

land, existing
buildings or other immovable property have particular
characteristics, which make
of
procurement rules inappropriate.

application

the

(25) Arbitration and conciliation services are usually provided
by bodies or
individuals designated or selected in a
manner which cannot be governed by procurement rules.

(26) The service contracts referred to in this Directive should
include contracts for the issue, purchase, sale or

not
transfer of securities or other financial instruments.

(27) Service contracts having a single designated source of
supply may, under certain conditions, be fully or partly
exempted from this Directive.

(32) A contract performance condition is compatible with the
Directive provided that it does not directly or indirectly
discriminate against tenderers from other Member States
and provided that it is indicated in the contract notice.
Such a condition may, among other things, have as its
purpose the favouring of employment for excluded or
disadvantaged persons or the reduction of unemployment.

(33) Contracting entities 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.

(28) It

is appropriate to exclude certain service contracts
its
awarded to an affiliated undertaking having as
principal activity, with respect to services, the provision
of such services to the group of which it is part, rather
than the offering of its services on the market.

(29) Measures to remove obstacles to cross-frontier trade in
electricity have been or are in the course of being
introduced, and this is also the case in other parts of
the energy sector. Procurement rules of the type applied

(34) The technical specifications drawn up by public procurers
must allow public procurement
to be opened up to
competition. To this end, it must be possible to submit
the diversity of possible technical
bids which reflect
solutions. In order to do this, it has to be possible, on
the one hand, to draw up technical specifications in terms
of functional performance and requirements; on the other
hand, where reference is made to a European standard (cid:151)
or, where no such standard exists, to a national standard
(cid:151) other, equivalent
solutions must be accepted. To
demonstrate equivalence, tenderers should be permitted
to use any form of evidence. Reference to specifications
specifying a particular origin must remain the exception.

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(35) Taking account of new information and telecommuni-
cations technologies and the simplifications they can
bring about with regard to the advertising of contracts
and in terms of the efficiency and transparency of award
procedures, it is appropriate to put the use of electronic
means on an equal footing with conventional means of
communicating and exchanging information. Where at all
possible, the means and the technology chosen must be
compatible with the technologies used in the other
Member States.

(36) The use of electronic means leads to savings in time. As a
result, provision should be made for
reducing the
minimum periods where electronic means are used,
subject however to the condition that they are compatible
transmission envisaged at
with the specific mode of
reduction could be
Community level. An additional
considered if
simultaneously
the
makes the entire specifications available on the Internet,
thereby offering free and direct access to this information.
However, it has to be ensured that the cumulative effect of
reductions of
lead to excessively
short deadlines, which could jeopardise the objective of
opening up public procurement in the internal market.

time-limits does not

contracting

entity

(37) Directive 1999/93/EC of the European Parliament and of
the Council of 13 December 1999 on a Community
framework for electronic signatures (1) and Directive
[data] on certain legal aspects of
. . ./. . ./EC of
information society services,
electronic
in particular
commerce, in the internal market will apply to electronic
information transmission in the context of this Directive.

. . .

(38) Council Regulation (EEC, Euratom) No 1182/71 of 3 June
1971 determining the rules applicable to periods, dates
and time-limits will apply to the calculation of the time-
limits (2) will apply to the calculation of the time-limits
contained in this Directive.

(39) It needs to be clarified that contracting entities which
establish selection criteria must do so in accordance
just as the selection
with objective rules and criteria,
criteria in restricted and negotiated procedures have to
be objective.

(40) The contract must also be awarded on the basis of
objective criteria which ensure compliance with the prin-
ciples of non-discrimination and equality of treatment and
which guarantee that tenders are assessed in conditions of
is appropriate to
effective competition. As a result,
allow the application of
(cid:145)the
lowest price(cid:146) and (cid:145)the most economically advantageous
tender(cid:146).

two award criteria only:

it

(41)

In order to ensure compliance with the principle of
equality of treatment in awarding contracts, it is appro-
priate to ensure and reinforce the necessary transparency
as regards the criteria chosen to identify the most econ-
the earliest possible
omically advantageous tender. At
stage
therefore,
contracting entities should be obliged to indicate the
relative weighting given to each of these criteria. The

award procedure,

contract

in the

contracting entity should be allowed to confine itself to
setting out a simple descending order of
importance
attaching to the criteria.

(42) The award criteria should not affect the application of
national provisions on the remuneration of certain
services, such as, for example, the services performed by
architects or lawyers.

(43) The relevant Community rules on mutual recognition of
diplomas, certificates or other evidence of formal qualifi-
cations apply when evidence of a particular qualification
is required for participation in a procurement procedure
or a design contest.

(44) Certain technical conditions, and in particular

those
concerning notices and statistical reports, as well as the
nomenclature used and the conditions of reference to that
nomenclature will need to be adopted and amended in the
light of changing technical requirements. It is, therefore,
appropriate to put in place a flexible and rapid adoption
procedure for this purpose. In accordance with Article 2
of Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3), the measures
necessary for implementation of this Directive should be
taken in accordance with the advisory procedure in
Article 3 of the Decision.

(45) In order to favour the access of small and medium-sized
undertakings to the public procurement market,
is
advisable to include provisions on sub-contracting.

it

(46) This Directive should be without prejudice to the existing
international obligations of
the
Member States and should not prejudice the application
of the provisions of the Treaty, in particular Articles 81
and 86 thereof.

the Community or of

(47) This Directive should not prejudice the time-limits set out
in Annex XXII, within which Member States are required
to comply with Directive 93/38/EEC and its successive
amending acts,

HAVE ADOPTED THIS DIRECTIVE:

TITLE I

GENERAL PROVISIONS APPLICABLE TO CONTRACTS
AND DESIGN CONTESTS

CHAPTER I

DEFINITIONS

Article 1

Definitions

For the purposes of this Directive, the definitions set out

1.
in paragraphs 2 to 12 shall apply.

(1) OJ L 13, 19.1.2000, p. 12.
(2) OJ L 124, 8.6.1971, p. 1.

(3) OJ L 184, 17.1.1999, p. 23.

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(cid:145)Supply, works and service contracts(cid:146) means contracts for
2.
pecuniary interest concluded in writing between one of the
contracting entities referred to in Article 2(2), and one or
more suppliers, contractors or service providers, having as
their object:

one or more economic operators, the purpose of which is to
establish the terms, in particular with regard to the prices and,
where appropriate,
the quantity envisaged, governing the
contracts to be awarded during a given period.

(a) in the case of supply contracts, the purchase, lease, rental
or hire-purchase of products, with or without the option to
buy;

(b) in the case of works contracts, either the execution, or both
the design and execution, or the realisation, by whatever
means, of building or civil engineering activities referred to
in addition, cover
in Annex XI:
supplies and services necessary for their execution;

these contracts may,

(c) in the case of

service contracts, contracts concerning

services mentioned in Annex XVI.

3.
A contract intended to cover both products and services
within the meaning of Annex XVI shall be considered to be a
the products in question
(cid:145)supply contract(cid:146)
exceeds that of the services covered by the contract.

the value of

if

A contract intended to cover the delivery of the products and,
in addition,
siting and installation operations within the
meaning of this Directive, shall be considered to be a (cid:145)supply
contract(cid:146).

4.
A contract relating to one or more activities referred to in
point (b) of paragraph 2 and to the supply of products shall be
considered to be a (cid:145)works contract(cid:146) if these activities do not
comprise siting and installation work only.

A contract whose object expressly comprises the performance
of one or more activities referred to in point (b) of paragraph 2
shall be considered to be a (cid:145)works contract(cid:146) even if this object
also includes the provision of services within the meaning of
Annex XVI, provided that these services are necessary for the
performance of the contract in question.

5.
A contract intended to cover only services within the
meaning of Annex XVI and including, by way of addition to
the principal object of the contract, one or more activities
referred to in point (b) of paragraph 2, shall be considered
to be a (cid:145)service contract(cid:146).

A (cid:145)contractor(cid:146), (cid:145)supplier(cid:146) or (cid:145)service provider(cid:146) means either
6.
a natural or legal person, or a contracting entity within the
meaning of Article 2(2)(a) or (b), or a group of such persons
and/or entities.

An (cid:145)economic operator(cid:146) means either a supplier, or a service
provider or a contractor.

A (cid:145)tenderer(cid:146) means an economic operator who submits a
tender, and a (cid:145)candidate(cid:146) means one who has sought an invi-
tation to take part in a restricted or negotiated procedure.

7.
A (cid:145)framework agreement(cid:146) means an agreement between
one of the contracting entities referred to in Article 2(2) and

(cid:145)Open, restricted and negotiated procedures(cid:146) means the
applied by contracting entities,

8.
procurement procedures
whereby:

(a) in the case of open procedures, any economic operator may

submit tenders;

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

by the contracting entity may submit tenders;

(c) in the case of negotiated procedures, the contracting entity
consults economic operators of its choice and negotiates
the terms of the contract with one or more of them.

(cid:145)Design contests(cid:146) means the national procedures which
9.
enable the contracting entity to acquire, mainly in the fields
of architecture, engineering or data processing, a plan or design
selected by a jury after having been put out to competition,
with or without the award of prizes.

(cid:145)Electronic means(cid:146) means

10.
electronic
equipment for the processing (including digital compression)
and storage of data transmitted, conveyed and received by
wire, by radio, by optical means or by other electromagnetic
means.

use

the

of

11.
(cid:145)(In) writing(cid:146) means any combination of words or figures
that can be read, reproduced and subsequently communicated.
Such combination may include information transmitted and
stored by electronic means.

The Common Procurement Vocabulary (hereinafter
12.
(cid:145)CPV(cid:146)), adopted by Council and Parliament Regulation (EC)
No . . ./. . . means the reference nomenclature applying to
public procurement contracts.

CHAPTER II

SCOPE: DEFINITION OF THE ACTIVITIES AND ENTITIES
COVERED

S e c t i o n 1

Entities covered

Article 2

Contracting entities

1.

For the purposes of this Directive,

(a) (cid:145)Public authorities(cid:146) means the State, regional or local auth-
orities, bodies governed by public law, or associations
formed by one or more of such authorities or bodies
governed by public law.

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(cid:145)A body governed by public law(cid:146) shall be understood to
mean any body which:

(cid:151) is established for the specific purpose of meeting needs
interest, not having an industrial or

in the general
commercial character,

(cid:151) has legal personality, and

(cid:151) is financed for the most part by the State, or regional or
local authorities, or other bodies governed by public
law, or is subject to management supervision by those
bodies, or has an administrative, managerial or super-
visory board more than half of whose members are
appointed by the State, regional or local authorities,
or other bodies governed by public law.

(b) (cid:145)Public undertaking(cid:146) means any undertaking over which the
indirectly a
public authorities may exercise directly or
dominant
it,
influence by virtue of
their financial participation therein, or the rules which
govern it.

their ownership of

A dominant influence on the part of the public authorities
shall be presumed when these authorities, directly or
indirectly, in relation to an undertaking:

(cid:151) hold the majority of

the undertaking’s

subscribed

capital, or

(cid:151) control the majority of the votes attaching to shares

issued by the undertaking, or

(cid:151) can appoint more than half of the undertaking’s admin-

istrative, management or supervisory body.

2.

This Directive shall apply to contracting entities:

(a) which are public authorities or public undertakings and
which pursue one of the activities referred to in Articles
3 to 6;

(b) which, when they are not public authorities or public
undertakings, have as one of their activities any of the
activities referred to in Articles 3 to 6, or any combination
thereof and operate on the basis of special or exclusive
rights granted by a competent authority of a Member State.

3.
For the purposes of this Directive, special or exclusive
rights mean rights which arise from a grant made by the
competent authorities of a Member State by way of any legis-
lative, regulatory or administrative provision the effect of which
is to limit the exercise of activities defined in Articles 3 to 6 to
one or more entities, and which substantially affects the ability
of other undertakings to carry out such activity on the same
territory under substantially equivalent conditions.

S e c t i o n 2

Activities referred to

Article 3

Provisions relating to gas, heat and electricity

As far as gas and heat are concerned, this Directive shall

1.
apply to the following activities:

(a) the provision or operation of fixed networks intended to
provide a service to the public in connection with the
production, transport or distribution of gas or heat; or

(b) the supply of gas or heat to such networks.

2.
The supply of gas or heat to networks which provide a
service to the public by a contracting entity other than a public
authority shall not be considered a relevant activity within the
meaning of paragraph 1 where:

(a) the production of gas or heat by the entity concerned is the
unavoidable consequence of carrying on an activity other
than those referred to in paragraphs 1 or 3 of this Article
or in Articles 4, 5 and 6; and

(b) supply to the public network is aimed only at the economic
exploitation of such production and amounts to not more
than 20 % of the entity’s turnover having regard to the
average for
including the
the preceding three years,
current year.

As far as electricity is concerned,

3.
apply to the following activities:

this Directive shall

(a) the provision or operation of fixed networks serving to
provide a service to the public in connection with the
production, transport or distribution of electricity; or

(b) the supply of electricity to such networks.

4.
The supply of electricity to networks which provide a
service to the public by a contracting entity other than a
public authority shall not be considered a relevant activity
within the meaning of paragraph 3 where:

(a) the production of electricity by the entity concerned takes
place because its consumption is necessary for carrying out
an activity other than those referred to in paragraphs 1 or
3 of this Article or in Articles 4, 5 and 6; and

(b) supply to the public network depends only on the entity’s
own consumption and has not exceeded 30 % of
the
entity’s total production of energy, having regard to the
average for
including the
the preceding three years,
current year.

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Article 4

Provisions relating to water

1.

This Directive shall apply to the following activities:

(a) the provision or operation of fixed networks intended to
provide a service to the public in connection with the
production, transport or distribution of drinking water; or

Article 6

Provisions relating to the exploration for, or extraction of,
oil, gas, coal or other solid fuels, as well as ports and
airports

This Directive shall apply to activities seeking to exploit a
geographical area for the purpose of:

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

(b) the supply of drinking water to such networks.

or

2.
This Directive shall also apply to contracts or design
contests awarded or organised by entities which pursue an
activity referred to in paragraph 1 and which:

(b) the provision of airports and maritime or inland ports or
other terminal facilities to carriers by air, sea or inland
waterway.

(a) are connected with hydraulic engineering projects,

irri-
the volume of
gation or land drainage, provided that
water
the supply of drinking water
represents more than 20 % of the total volume of water
made available by such projects or irrigation or drainage
installations, or

to be used for

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

The supply of drinking water to networks which provide
3.
a service to the public by a contracting entity other than a
public authority shall not be considered a relevant activity
within the meaning of paragraph 1 where:

(a) the production of drinking water by the entity concerned
takes place because its consumption is necessary for
carrying out an activity other than those referred to in
Articles 3, 4, 5 and 6; and

(b) supply to the public network depends only on the entity’s
own consumption and has not exceeded 30 % of
the
entity’s total production of drinking water, having regard
to the average for the last three years, including the current
year.

Article 5

Provisions relating to transport services

1.
This Directive shall apply to activities relating to the
operation of networks providing a service to the public in
the
automated systems,
tramway, trolley bus, bus or cable.

transport by

field of

railway,

Article 7

List of contracting entities

The non-exhaustive lists of contracting entities within the
meaning of this Directive are contained in Annexes I to IX.

Article 8

Contracts covering several activities

1.
A contract which is intended to cover several activities
and which cannot be split up shall be subject to the rules
applicable to the activity for which it is principally intended.

2.
If one of the activities for which the contract is intended
is subject to this Directive and the other is not subject to this
Directive nor to Directive . . ./. . ./EC [on the coordination of
the procedures for the award of public supply contracts, public
is
service contracts and public works contracts], and if
objectively
the
to determine which activity
contract
the contract shall be
awarded in accordance with this Directive.

is principally intended for,

impossible

it

3.
If one of the activities for which the contract is intended
is subject to this Directive and the other to Directive . . ./. . ./EC
[on the coordination of the procedures for the award of public
supply contracts, public service contracts and public works
is objectively impossible to determine
contracts], and if
which activity the contract
the
shall be awarded in accordance with Directive
contract
. . ./. . ./EC [on the coordination of
the procedures for the
award of public supply contracts, public service contracts and
public works contracts].

is principally intended for,

it

As regards transport services, a network shall be considered to
exist where the service is provided under operating conditions
laid down by a competent authority of a Member State, such as
conditions on the routes to be served, the capacity to be made
available or the frequency of the service.

CHAPTER III

GENERAL PRINCIPLES

Article 9

The provision of bus transport services to the public shall
2.
not be considered an activity for the purposes of paragraph 1
where, within 12 months after the entry into force of this
Directive at the latest, other entities are free to provide those
services, either in general or in a particular geographical area,
under the same conditions as the contracting entities.

Equality of treatment, prohibition of discrimination; trans-
parency

Contracting entities shall take all necessary steps to ensure
compliance with the principles of equality of
treatment,
non-discrimination and transparency.

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TITLE II

RULES APPLICABLE TO CONTRACTS

national law, to respect the confidential nature of information
which they make available.

CHAPTER I

GENERAL PROVISIONS

Article 10

Groupings of economic operators

1.
Tenders may be submitted and negotiations conducted by
groupings of economic operators. The conversion of such
groupings into a specific legal form shall not be required for
the purpose of their submitting a tender or negotiating, but the
grouping selected may be required so to convert itself once it
has been awarded the contract, where such conversion is
necessary for the proper performance of the contract.

Candidates or

tenderers who, under

2.
the
Member State in which they are established, are entitled to
provide the relevant service shall not be rejected on the sole
ground that under the law of the Member State in which the
contract is awarded they would have been required to be either
a natural or a legal person.

the law of

Article 13

Framework agreements

1.
Contracting entities may regard a framework agreement
as a contract within the meaning of Article 1(2) and award it in
accordance with this Directive.

2. Where contracting entities have awarded a framework
agreement in accordance with this Directive, they may avail
themselves of point
(i) of Article 36(3) when awarding
contracts based on that framework agreement.

3. Where a framework agreement has not been awarded in
accordance with this Directive, contracting entities may not
avail themselves of point (i) of Article 36(3).

Contracting

4.
agreements in order to hinder, limit or distort competition.

entities may

not misuse

framework

However,

3.
legal persons may be required to indicate, in
the tender or the request for participation, the names and
relevant professional qualifications of the staff to be responsible
for the performance of the relevant service.

CHAPTER II

SCOPE: THRESHOLDS AND EXCLUSION PROVISIONS

Article 11

Conditions set out in Agreements concluded within the
World Trade Organisation

shall apply in their

For the purposes of the award of contracts by contracting
relations
authorities, Member States
conditions as favourable as those which they grant to third
countries in implementation of the Agreement on government
procurement, concluded in the framework of
the Uruguay
Round multilateral negotiations, hereinafter referred to as (cid:145)the
Agreement(cid:146). The 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.

Article 12

Confidentiality

During the phase for the provision of technical specifi-
1.
cations to interested economic operators, and during the phase
for the qualification and selection of economic operators and
for the award of contracts, contracting entities may impose
requirements with a view to protecting the confidential
nature of information which they make available.

This Directive shall not

2.
the right of economic
operators to require a contracting entity, in conformity with

limit

Article 14

Scope

This Directive shall apply where contracting entities as referred
to in Article 2(2) award works, supply or service contracts
whose estimated values, net of value added tax (VAT), are
equal to or greater than the thresholds set out in Article 15,
unless the exclusions under Articles 20 to 27 are applicable or
a decision has been taken under Article 29 regarding the
exercise of
the particular activity in the Member State
concerned.

S e c t i o n 1

Thresholds

Subsection 1

Amounts

Article 15

Contracts

This Directive shall apply to contracts where their estimated
value, net of VAT, is equal to or greater than:

(a) EUR 400 000 in the case of supply and service contracts;

(b) EUR 5 300 000 in the case of works contracts.

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Subsection 2

Methods of calculating the value of contracts and framework
agreements

In the case of a procurement of supplies over a given
3.
period by means of a series of contracts to be awarded to one
or more suppliers, or of contracts which are to be renewed, the
contract value shall be calculated on the basis of:

Article 16

General rules

1.
Contracting entities may not circumvent this Directive by
splitting works or contracts or by using special methods of
calculating the value of contracts.

(a) the total value of contracts with similar characteristics
which were awarded over the previous financial year or
12 months, adjusted where possible to reflect anticipated
changes in quantity or value over
the subsequent 12
months; or

2.
The basis for calculating the value of a framework
agreement shall be the estimated maximum value of all the
contracts envisaged for the period in question.

(b) the aggregate value of contracts to be awarded during the
12 months following the first award or during the whole
term of the contract, where this is longer than 12 months.

Article 17

Calculating the value of works contracts

4.
In the case of supply contracts for lease, rental or hire-
purchase, the value to be used as the basis for calculating the
contract value shall be:

1.
For the purposes of Article 15, contracting entities shall
include in the estimated value of a works contract the value of
any supplies or services necessary for the execution of the
works which they make available to the contractor.

(a) in the case of fixed-term contracts, where their term is 12
months or less, the estimated total value for the contract’s
the
duration, or, where their term exceeds 12 months,
contract’s total value including the estimated residual value;

2.
The value of supplies or services which are not necessary
for the execution of a particular works contract may not be
added to that of the works contract when doing so would
result
those supplies or
in removing the procurement of
services from the scope of this Directive.

(b) in the case of contracts for an indefinite period or in cases
where there is doubt as to the duration of the contracts, the
anticipated total
instalments to be paid in the first four
years.

The basis for calculating the value of a works contract for
3.
the purposes of Article 15 shall be the total value of the work.
(cid:145)Work(cid:146) shall mean the result of building and civil engineering
activities, taken as a whole, which are intended to fulfil an
economic and technical function by themselves.

The basis for calculating the estimated value of a contract
5.
including both supplies and services shall be the total value of
the supplies and services, regardless of their respective shares.
The calculation shall include the value of the siting and instal-
lation operations.

4. Where a scheme of work is divided into several lots, the
value of each lot shall be taken into account when assessing the
value referred to in Article 15. Where the aggregate value of
the lots equals or exceeds the value laid down in Article 15,
that paragraph shall apply to all the lots.

However, in the case of works contracts, contracting entities
lots whose
may derogate from Article 15 in respect of
estimated value net of VAT is less than 1 million euro,
provided that
those lots does not
exceed 20 % of the overall value of the lots.

the aggregate value of

Article 18

Calculating the value of supply contracts

1. Where a supply is divided into several lots, the value of
each lot shall be taken into account when assessing the value
referred to in Article 15. Where the aggregate value of the lots
equals or exceeds the value laid down in Article 15, that Article
shall apply to all the lots.

Article 19

Calculating the value of service contracts

1.
For the purposes of calculating the estimated amount of a
service contract, the contracting entity shall include the total
remuneration of the service provider, taking account of the
provisions set out in paragraphs 2 to 7.

2. Where a service is divided into several lots, the value of
each lot shall be taken into account when assessing the value
referred to in Article 15. Where the aggregate value of the lots
equals or exceeds the value laid down in Article 15, that Article
shall apply to all the lots.

3. Where a proposed service contract specifically provides
for options, the basis for calculating the estimated contract
the purchase,
value shall be the highest possible total of
lease, rental, or hire-purchase permissible,
the
options.

inclusive of

2. Where a proposed supply contract expressly provides for
options, the basis for calculating the estimated contract value
shall be the highest possible total of the purchase, lease, rental,
or hire-purchase permissible, inclusive of the options.

4.
In the case of a procurement of services over a given
period by means of a series of contracts to be awarded to
one or more service providers, or of contracts which are to
be renewed, the contract value shall be calculated on the basis
of:

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(a) the total value of contracts with similar characteristics
which were awarded over the previous financial year or
anticipated
12 months,
changes in quantity or value over
the subsequent 12
months; or

adjusted where possible

for

(b) the aggregate value of contracts to be awarded during the
12 months following the first award or during the whole
term of the contract, where this is longer than 12 months.

The contracting entities shall notify the Commission at its
2.
request of all the categories of products or activities which they
regard as excluded under paragraph 1. The Commission may
periodically publish,
the
categories of products and activities which it considers to be
covered by this exclusion in the Official Journal of the European
Communities. In so doing, the Commission shall respect any
sensitive commercial aspects that the contracting entities may
point out when forwarding information.

for information purposes,

lists of

5.
The basis for calculating the estimated value of a contract
including both supplies and services shall be the total value of
the supplies and services, regardless of their respective shares.
The calculation shall include the value of the siting and instal-
lation operations.

Article 21

Contracts awarded for purposes other than the pursuit of
an activity covered or for the pursuit of such an activity
in a third country

For the purposes of calculating the estimated contract
6.
amount of financial services, the following amounts shall be
taken into account:

(a) the premium payable, in the case of insurance services;

(b) fees, commissions,

interest and other modes of remun-
eration, in the case of banking and other financial services;

(c) fees or commissions,

in the case of contracts involving

design tasks.

In the case of service contracts which do not indicate a
7.
total cost, the value to be used as the basis for calculating the
estimated contract value shall be:

(a) in the case of fixed-term contracts, where their term is 48
months or less, the total contract value for its duration;

(b) in the case of contracts of indefinite duration or with a
the monthly value

term of more than 48 months,
multiplied by 48.

S e c t i o n 2

Contracts which are excluded or are subject

to special

arrangements

Subsection 1

Exclusions applicable to all contracting entities and to all types of
contract

Article 20

Contracts awarded for purposes of resale or lease to third
parties

This Directive shall not apply to contracts awarded for
1.
purposes of resale or lease to third parties, provided that the
contracting entity enjoys no special or exclusive right to sell or
lease the subject of such contracts, and other entities are free to
sell or lease it under the same conditions as the contracting
entity.

This Directive shall not apply to contracts which the
1.
contracting entities award for purposes other
than the
pursuit of their activities as described in Articles 3 to 6 or
for
in
conditions not involving the physical use of a network or
geographical area within the Community.

in a third country,

the pursuit of

such activities

2.
The contracting entities shall notify the Commission at its
request of any activities which they regard as excluded under
paragraph 1. The Commission may periodically publish, for
the categories of activities
information purposes,
which it considers to be covered by this exclusion in the
the European Communities. In so doing, the
Official Journal of
Commission shall respect any sensitive commercial aspects
that the contracting entities may point out when forwarding
this information.

lists of

Article 22

Contracts which are secret or require particular security
measures

This Directive shall not apply to contracts when they are
declared to be secret by a Member State, when their
execution must be accompanied by special security measures
in accordance with the laws, regulations or administrative
provisions in force in the Member State concerned, or when
the protection of the basic security interests of that State so
requires.

Article 23

Contracts awarded pursuant to international rules

This Directive shall not apply to contracts governed by
different procedural rules and awarded:

(a) pursuant

to an international agreement concluded in
accordance with the Treaty between a Member State and
one or more third countries and relating to supplies, works,
services or design contests intended for the joint implemen-
tation or exploitation of a project by the signatory States;
every
the
be
Commission, which may consult the Advisory Committee
for Public Contracts;

communicated

agreement

shall

to

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(b) to undertakings in a Member State or a third country
to an international agreement relating to the

pursuant
stationing of troops;

(c) pursuant to the particular procedure of an international

organisation.

Subsection 2

Exclusions applicable to all contracting entities, but to service
contracts only

Article 24

Contracts relating to certain services excluded from the
scope

This Directive shall not apply to:

(a) contracts for the acquisition or rental, by whatever financial
means, of land, existing buildings or of other immovable
therein; nevertheless,
property or
financial service contracts concluded at the same time as,
before, or after the contract of acquisition or rental,
in
whatever form, shall be subject to this Directive;

concerning

rights

(b) contracts for arbitration and conciliation services;

(b) are awarded by a joint venture formed by a number of
contracting entities for the purpose of carrying on activities
within the meaning of Articles 3, 4, 5 or 6 to one of those
contracting entities or to an undertaking which is affiliated
with one of these contracting entities,

provided that at least 80 % of the average turnover of that
undertaking with respect
to services arising within the
Community for the preceding three years derives from the
provision of such services to undertakings with which it is
affiliated.

than one undertaking affiliated with the
Where more
similar
same
the
contracting entity provides
services, the total turnover in the Community deriving from
the provision of services by those undertakings shall be taken
into account.

service or

For the purposes of this Article,

2.
(cid:145)affiliated undertaking(cid:146)
means any undertaking the annual accounts of which are
consolidated with those of the contracting entity in accordance
with the requirements of
the Seventh Council Directive
83/349/EEC (1), or, in the case of entities not subject to that
Directive, any undertaking over which the contracting entity
may exercise, directly or
influence
(b) of Article 2(1) or which
within the meaning of point
may exercise a dominant
the contracting
is
entity or which,
subject to the dominant influence of another undertaking by
virtue of ownership, financial participation, or the rules which
govern it.

in common with the contracting entity,

indirectly, a dominant

influence over

(c) contracts

the issue,
securities or other financial instruments;

sale, purchase or

for

transfer of

The contracting entities shall notify to the Commission,
following information regarding the

3.
at
application of the provisions of paragraph 1:

request,

the

its

(d) employment contracts;

(e) research and development service contracts other

than
those where
exclusively to the
contracting entity for its use in the conduct of its own
affairs, on condition that the service provided is wholly
remunerated by the contracting entity.

the benefits

accrue

Article 25

Service contracts awarded on the basis of an exclusive
right

This Directive shall not apply to service contracts awarded to
an entity which is itself a public authority within the meaning
of point (a) of Article 2(1) on the basis of an exclusive right
which it enjoys pursuant to a published law, regulation or
administrative provision which is compatible with the Treaty.

Article 26

(a) the names of the undertakings concerned,

(b) the nature and value of the service contracts involved,

(c) such proof as may be deemed necessary by the Commission
that the relationship between the undertaking to which the
contracts are awarded and the contracting entity complies
with the requirements of this Article.

Subsection 3

Exclusions applicable to certain contracting entities only

Article 27

Contracts awarded by certain contracting entities for the
purchase of water

This Directive

shall not apply to contracts which
1.
contracting entities engaged in the activity referred to in
Annex I award for the purchase of water.

Service contracts awarded to an affiliated undertaking or
to a contracting entity forming part of a joint venture

1.

This Directive shall not apply to service contracts which:

2.
The Council shall re-examine the provisions of paragraph
1 when it has before it a report from the Commission together
with appropriate proposals.

(a) a contracting entity awards to an affiliated undertaking;

(1) OJ L 193, 18.7.1983, p. 1. Directive as last amended by Directive

90/605/EEC (OJ L 317, 16.11.1990, p. 60).

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Article 28

Contracts subject to special arrangements

The Netherlands and the United Kingdom shall ensure, by way
the conditions of authorisation or other appropriate
of
measures, that any entity operating in the sectors mentioned
in Decisions 93/676/EEC and 97/367/EC:

(a) observes

of

non-discrimination

and
principles
the
the award of
competitive procurement
supplies, works and service contracts,
in particular as
regards the information which the entity makes available
its procurement
to
intentions;

in respect of

concerning

economic

operators

(b) communicates to the Commission, under the conditions
93/327/EEC (1),

Commission
defined
information relating to the award of contracts.

Decision

in

Article 29

General mechanism for the exclusion of activities directly
exposed to competition

1. Where they are awarded by contracting entities other
than public authorities within the meaning of point (a) of
Article 2(1) contracts intended to permit the performance of
a service mentioned in Articles 3 to 6 shall not be subject to
this Directive if, in the Member State in which the activity is to
be performed, it is directly exposed to competition on markets
to which access is not restricted.

2.
For the purposes of paragraph 1, the question of whether
an activity is directly exposed to competition shall be decided
on the basis of criteria such as the characteristics of the goods
or services concerned, the existence of alternative goods or
services, prices and the actual or potential presence of more
than one supplier of the goods or services in question.

3.
For the purposes of paragraph 1, access to a market shall
be deemed not to be restricted if the Member State has imple-
mented and applied the provisions of Community legislation
mentioned in Annex X.

4.
In order to benefit from an exemption under paragraph
1, a Member State shall ask the Commission to grant an
exemption.

That Member State shall, taking account of paragraphs 2 and 3,
inform the Commission of all relevant facts, and in particular
of any law, regulation, administrative provision or agreement
in
concerning compliance with the
paragraph 1.

conditions

set out

Where the Commission intends to grant an exemption, it shall
adopt its decision in accordance with the procedure under
Article 65(2).
It shall publish its decision in the Official
Journal of the European Communities.

allowed a period of

For the adoption of a decision under paragraph 4, the
5.
Commission shall be
six months
commencing from a date determined in accordance with the
provisions set out in paragraphs 6, 7 and 8. If free access to a
given market cannot be presumed on the basis of paragraph 3,
a Member State seeking exemption must demonstrate that
access to the market in question is free de facto and de jure.
If, at the end of this period, the Commission has not adopted a
decision as to exemption, paragraph 1 shall be deemed to be
applicable.

6. Without prejudice to paragraphs 7 or 8, the period laid
down in paragraph 5 shall commence on the first working day
following the date on which the request in accordance with
paragraph 4 is received by the Commission.

7.
If, during the procedure, the Commission finds that the
information contained in the request or in the documents
annexed thereto is incomplete or inexact, it shall inform the
Member State concerned in writing without delay and fix an
appropriate time-limit by which the information is to be
the six-month period shall run
completed.
from the date on which the Commission receives
the
complete information.

In that event,

If

8.
the facts as reported in the request undergo any
substantive changes those changes shall be communicated to
the Commission without delay. In that event, if the substantive
changes are liable to influence significantly its assessment
under paragraph 1, the Commission may deem notification
to have taken effect on the date on which the changes in
question were received.
inform the Member State
concerned of this without delay in writing.

It shall

The Commission may also begin the procedure for

9.
adoption of an exempting decision at its own initiative.

CHAPTER III

ARRANGEMENTS APPLICABLE TO SERVICE CONTRACTS

Article 30

Service contracts listed in Annex XVI A

Contracts which have as their subject-matter services listed in
Annex XVI A shall be awarded in accordance with the
provisions of Chapters IV to VII.

If an independent authority that is competent in the activity
concerned has adopted a position regarding questions relevant
to paragraphs 1 and 2,
to the
Commission.

its opinion shall be sent

(1) OJ L 129, 27.5.1993, p. 25.

Article 31

Service contracts listed in Annex XVI B

Contracts which have as their subject-matter services listed in
Annex XVI B shall be governed only by Articles 34 and 42.

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Article 32

Mixed service contracts listed in Annex XVI A and in
Annex XVI B

Contracts which have as their subject-matter services listed
both in Annex XVI A and in Annex XVI B shall be awarded
in accordance with the provisions of Chapters IV to VII where
the value of the services listed in Annex XVI A is greater than
the value of the services listed in Annex XVI B. In other cases,
contracts shall be awarded in accordance with Articles 34
and 42.

CHAPTER IV

SPECIFIC

RULES

GOVERNING

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

Article 33

General provisions

For each contract, contracting entities shall draw up a set of
specifications, clarifying and supplementing the information
contained in the notices used as a means of calling for
competition in accordance with Article 41.
In this context,
they shall introduce only technical specifications in accordance
with Article 34; if they accept variants, the provisions set out
in Article 36 shall be applicable.

Contracting entities may require information on the subject of
sub-contracting in accordance with Article 37 or may stipulate
conditions concerning obligations
relating to employment
protection provisions and working conditions in accordance
with Article 38.

They may also require particular
concerning
performance of the contract, provided that the conditions are
compatible with applicable Community law.

conditions

Article 34

Technical specifications

1.
The technical specifications as defined in point 1 of
Annex XX shall be set out in the contract documents, such
as
the
the contract notices,
supplementary documents.

specifications or

the set of

2.
The technical specifications shall afford equal access to
tenderers and shall not have the effect of creating unjustified
obstacles to the opening of public procurement to competition.

They may also be formulated in terms of performance or
functional requirements. They shall, however, be sufficiently
precise to allow tenderers to determine the subject matter of
the contract and to allow contracting entities to award the
contract.

technical

European

standards,

in the case of works contracts,

there are no
4. Where,
or
approvals
European
common technical specifications, and where it is impossible
to formulate the specifications in terms of performance or
functional requirements, the technical specifications may be
defined by reference
specifications
to national
relating to the design, method of calculation and execution
of works, and use of products. Such reference shall be accom-
panied by the words (cid:145)or equivalent(cid:146).

technical

in the

specifications mentioned

5. Where a contracting entity makes use of the possibility of
referring
first
to the
it cannot, however, reject a
subparagraph of paragraph 3,
the products and services
that
tender on the grounds
tendered for do not comply with a national standard trans-
posing a European standard, with a European technical
approval, a common technical specification, an international
standard, or a national standard, a national technical specifi-
cation or a national technical approval, where the tenderer can
show in his offer, by any appropriate means, that the solutions
he proposes satisfy in an equivalent manner the requirements
defined by the technical specifications.

A technical dossier of the manufacturer or a test report from a
third-party body shall constitute an (cid:145)appropriate means(cid:146).

6. Where a contracting entity uses the possibility laid down
in the second subparagraph of paragraph 3 to prescribe in
for
terms of performance,
products and services which comply with a national standard
transposing a European standard, with a European technical
approval, a common technical specification or an international
if these standards and approvals address the same
standard,
functional and performance requirements and are appropriate.

reject a tender

it may not

The tenderer must demonstrate in his tender, by any appro-
priate means, such as a technical dossier or a third party’s test
report, that the product or service fulfilling the standard meets
the
the
performance
contracting entity.

requirements

functional

and

of

3.
Technical specifications shall be formulated by reference
to European standards, European technical approvals, common
technical specifications, international standards or, when these
do not exist, national standards or national technical approvals,
as defined in Annex XX, provided that the reference is accom-
panied by the words (cid:145)or equivalent(cid:146) or to any other technical
reference produced by European standardisation bodies.

7.
Technical specifications shall not refer to a specific make
or source, or to a particular process, or to a trade mark, patent,
type or a specific origin or production. Such reference shall be
permitted on an exceptional basis, where a sufficiently precise
and intelligible description of the subject matter of the contract
is not possible in terms of paragraphs 3 and 4; such reference
shall be accompanied by the words (cid:145)or equivalent(cid:146).

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Article 35

Communication of technical specifications

1.
Contracting entities shall make available on request to
economic operators interested in obtaining a contract, and
who so request, the technical specifications regularly referred
to in their supply, works or service contracts, or the technical
specifications which they intend to apply to contracts covered
by periodic information notices within the meaning of Article
40(1).

the

based on
2. Where
documents available to interested economic operators,
the
inclusion of a reference to those documents shall be sufficient.

specifications

technical

are

Article 36

Variants

1. Where the criterion for the award of the contract is that
of
the most economically advantageous tender, contracting
entities may take account of variants which are submitted by
the minimum performance levels or
a tenderer and meet
requirements specified by the contracting entities.

shall

Contracting entities
the
state
minimum conditions to be met by the variants and the
specific requirements for their presentation. Where variants
are not permitted, they shall so indicate in the specifications.

specifications

in the

2.

Article 34 shall apply to variants.

for

In the procedures

3.
contracts,
contracting entities which have admitted variants pursuant to
paragraph 1 may not reject a variant on the sole ground that it
would, if successful,
lead to a service contract rather than a
supply contract within the meaning of this Directive.

awarding

supply

In procurement procedures for service contracts, contracting
entities which have admitted variants pursuant to paragraph
1 may not reject a variant on the sole ground that it would,
if successful,
lead to a supply contract rather than a service
contract within the meaning of this Directive.

Article 37

Subcontracting

the contracting entity may ask the
In the specifications,
tenderer to indicate in his tender any share of the contract
which he may intend to subcontract to third parties and any
designated sub-contractors. This indication shall be without
prejudice to the question of the principal economic operator’s
liability.

Article 38

Obligations relating to employment protection provisions
and working conditions

1.
The contracting entity may state in the specifications, or
may be obliged by a Member State so to do, the authority or
authorities from which a tenderer may obtain the relevant

information on the obligations relating to the employment
protection provisions and working conditions which are in
force in the Member State, region or locality in which the
works or services are to be executed or provided and which
are to be applicable to the works carried out or the services
provided on site during performance of the contract.

the information
2.
A contracting entity which supplies
the tenderers or
referred to in paragraph 1 shall request
those participating in the contract procedure to indicate that
they have taken account, when drawing up their tender, of the
obligations relating to safety at work and working conditions
which are in force in the place where the work or the service is
to be carried out or provided.

The first subparagraph shall be without prejudice to the
application of Article 55 concerning the examination of
abnormally low tenders.

CHAPTER V

PROCEDURES

Article 39

Use of open, restricted and negotiated procedures

1. When awarding supply, works or
service contracts,
contracting entities shall apply procedures which accord with
the provisions of this Directive.

2.
Contracting entities may choose any of the procedures
described in Article 1(8), provided that, subject to paragraph
3, a call for competition has been made in accordance with
Article 41.

Contracting entities may use a procedure without prior

3.
call for competition in the following cases:

(a) in the absence of tenders, or of suitable tenders, in response
to a procedure with a prior call for competition, provided
that
the original contract conditions have not been
substantially changed;

study or development, and not

(b) where a contract is purely for the purpose of research,
experiment,
the
purpose of securing a profit or of recovering research
and development costs, and in so far as the award of
such contract does not prejudice the competitive award
of
in particular,
those ends;

subsequent contracts which do seek,

for

(c) when, for special technical or artistic reasons, or for reasons
connected with the protection of exclusive rights,
the
performance of the contract can be entrusted only to a
particular economic operator;

(d) when in so far as is strictly necessary,

for reasons of
extreme urgency brought about by events unforeseeable
by the contracting entities, the time-limits laid down for
open and restricted procedures cannot be adhered to;

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(e) in the case of supply contracts for additional deliveries by
the original supplier which are intended either as a partial
replacement of normal supplies or installations or as the
extension of existing supplies or installations, where a
change of supplier would oblige the contracting entity to
acquire material having different technical characteristics
which would result in incompatibility or disproportionate
technical difficulties in operation and maintenance;

(l) when the service contract concerned is part of

the
follow-up to a design contest organised in accordance
with the provisions of
in
accordance with the relevant rules, be awarded to the
winner or to one of the winners of that contest: in this
latter case, all the winners shall be invited to participate in
the negotiations.

this Directive and must,

(f)

for additional works or services not included in the project
initially awarded or in the contract
first concluded but
through unforeseen circumstances, become
which have,
contract, on
necessary
condition that
the award is made to the contractor or
service provider executing the original contract:

to the performance of

the

CHAPTER VI

RULES ON PUBLICATION AND TRANSPARENCY

S e c t i o n 1

Publication of notices

Article 40

(cid:151) when such additional works or services cannot be
technically or economically separated from the main
contract without great inconvenience to the contracting
entities; or

Periodic indicative notices and notices on the existence of
a system of qualification

Contracting entities shall make known, at least once a

1.
year, by means of a periodic indicative notice:

(cid:151) when such additional works or

separable
contract, are strictly necessary to its later stages;

from the performance of

services, although
the original

(g) in the case of works contracts, for new works consisting in
the repetition of similar works assigned to the contractor to
which the same contracting entities awarded an earlier
contract, provided that such works conform to a basic
project for which a first contract was awarded after a call
for competition: as soon as the first project is put up for
tender, notice must be given that this procedure may be
adopted and the total estimated cost of subsequent works
shall be taken into consideration by the contracting entities
when they apply the provisions of Articles 15 and 16 to 19;

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

(i)

for contracts to be awarded on the basis of a framework
agreement, provided that
the condition referred to in
Article 13(2) is fulfilled;

(j)

for bargain purchases, where it
is possible to procure
supplies by taking advantage of a particularly advantageous
opportunity available for a very short
time at a price
considerably lower than normal market prices;

(k) for purchases of supplies under particularly advantageous
conditions from either a supplier definitively winding up
his business or the receivers or liquidators of a bankruptcy,
an arrangement with creditors or a similar procedure under
national laws or regulations;

(a) in the case of supply contracts, the total of the contracts,
for each product area, whose estimated value, taking into
account the provisions of Article 18, is equal to or greater
than EUR 750 000, and which they intend to award over
the following 12 months;

(b) in the case of works contracts, the essential characteristics
of the works contracts which the contracting entities intend
to award over the 12 coming months, whose estimated
value is equal to or greater than EUR 5 300 000;

(c) in the case of service contracts, the estimated total value of
the service contracts in each of the categories of services
listed in Annex XVI A which they intend to award over the
following 12 months, where such estimated total value,
taking into account the provisions of Article 19, is equal
to or greater than EUR 750 000.

The notice shall be drawn up in accordance with Annex

2.
XIV.

Contracting entities may,

3.
in particular, publish periodic
indicative notices relating to major projects without repeating
information previously included in a periodic indicative notice,
provided that it is clearly pointed out that these notices are
additional ones.

4. Where contracting entities choose to set up a qualifi-
cation system in accordance with Article 52, the system shall
be the subject of a notice drawn up in accordance with the
standardised model in Annex XIII, indicating the purpose of
the qualification system and how to have access to the rules
concerning its operation. Where the system is of a duration
greater than three years, the notice shall be published annually.
Where the system is of a shorter duration, an initial notice
shall suffice.

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Article 41

Notices used as a means of calling for competition

In the case of supply, works or service contracts, the call

1.
for competition may be made:

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

accordance with Annex XIV; or

(b) by means of a notice on the existence of a qualification

system drawn up in accordance with Annex XIII; or

(c) by means of a notice drawn up in accordance with Annex

XII, A, B or C.

2. When a call
periodic indicative notice, the notice shall:

for competition is made by means of a

(a) refer specifically to the supplies, works or services which

will be the subject of the contract to be awarded;

(b) indicate that the contract will be awarded by restricted or
further publication of a
negotiated procedure without
notice of a call
for competition and invite interested
economic operators to express their interest in writing; and

(c) have been published in accordance with Annex XIX not
more than 12 months prior to the date on which the
invitation referred to in Article 46(3) is sent.

Moreover, the contracting entity shall meet the deadlines laid
down in Article 44.

Article 42

Contract award notices

1.
Contracting entities which have awarded a contract shall
communicate to the Commission, within two months of the
award of the contract and under conditions to be laid down by
the Commission in accordance with the procedure referred to
in Article 65(2), the results of the award procedure by means
of a notice drawn up in accordance with Annex XV.

2.
The information supplied in accordance with Annex XV
and intended for publication shall be published in accordance
with Annex XIX.
In this connection, the Commission shall
respect any sensitive commercial aspects which the contracting
entities may point out when forwarding this information,
concerning the number of tenders received, the identity of
economic operators, or prices.

nature and quantity of the services provided, to the reference
(cid:145)research and development services(cid:146).

Where contracting entities award an R & D contract which
cannot be awarded by way of a procedure without a call for
competition in accordance with point (b) of Article 39(3), they
may, on grounds of commercial confidentiality,
the
information to be provided in accordance with Annex XV
concerning the nature and quantity of the services supplied.

limit

shall ensure that any
In such cases, contracting entities
information published under this point
is no less detailed
than that contained in the notice of the call for competition
published in accordance with Article 41(1).

If
they use a qualification system, contracting entities shall
ensure in such cases that such information is no less detailed
than the category referred to in the list of qualified service
providers drawn up in accordance with Article 52(4).

In the case of contracts awarded for services listed in
indicate in the

4.
Annex XVI B, the contracting entities shall
notice whether they agree to publication.

5.
Information provided in accordance with Annex XV and
marked as not being intended for publication shall be
published only in simplified form and in accordance with
Annex XIX for statistical purposes.

Article 43

Form and manner of publication of notices

The notices referred to in Articles 40, 41 and 42 shall be

1.
published in accordance with Annex XIX.

They shall be drawn up in accordance with the standardised
model notices adopted by the Commission in accordance with
the procedure set out in Article 65(2) and shall contain at least
the information specified in Annexes XII, XIII, XIV and XV.

The text in the original language alone shall be authentic.

2.
Notices drawn up and transmitted by electronic means in
accordance with Annex XIX shall be published not later than
five days after they are sent, in accordance with the technical
specifications for publication given in Annex XIX.

Notices which are not
transmitted by electronic means in
accordance with the technical specifications for publication
given in Annex XIX shall be published not
later than 12
days after they are sent.

3. Where contracting entities award a research-and-devel-
opment
((cid:145)R & D(cid:146)) service contract by way of a procedure
without a call for competition in accordance with point (b)
of Article 39(3),
the information to be
provided in accordance with Annex XV concerning the

they may limit

In exceptional cases, the notices referred to in Article 41(1)(c)
shall be published within five days in response to a request by
the contracting entity, provided that the notice has been sent
by fax or electronic means.

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Notices and their contents shall not be made public
3.
before the date on which they are sent for publication in
accordance with Annex XIX. Such publication shall not
contain information other than information contained in the
notices sent in accordance with Annex XIX.

If

the contracting entities have published a periodic
4.
indicative notice as referred to in Article 40(1) in accordance
with Annex XIX, the minimum time-limit for receipt of tenders
in open procedures shall, as a general rule, not be less than 36
days, but shall in no case be less than 22 days from the date on
which the notice was sent.

The costs of publishing notices in accordance with Annex

4.
XIX shall be borne by Community.

5.
Contracting entities may publish in accordance with
Annex XIX contract notices which are not subject to the publi-
cation requirement laid down in this Section.

Contracting entities shall be able to prove the date of

6.
dispatch of notices.

These shortened time-limits are permitted, provided that the
the information
periodic indicative notice has included all
required by Annex XIV, where the notice was used as a
means of calling for competition; and that it has been sent
for publication between no less than 52 days and no more
than 12 months before the date on which the contract
notice referred to in point (c) of Article 41(1) was sent in
accordance with Annex XIX.

S e c t i o n 2

Time-limits

Article 44

Requests to participate and receipt of tenders

All time-limits for the receipt of tenders and requests to
1.
participate fixed by the contracting entities shall be sufficiently
long to give the candidates reasonable time to draw up and
submit their tenders. When fixing these time-limits, entities
shall
the
contract and the time required for drawing-up tenders.

take particular account of

complexity of

the

2.
In the case of open procedures, the minimum time-limit
for receipt of tenders shall be 52 days from the date on which
the contract notice was sent.

3.
In restricted procedures and in negotiated procedures
with a prior call for competition, the following arrangements
shall apply:

(a) the time-limit for the receipt of requests to participate, in
response to a notice published under point (c) Article 41(1),
or in response to an invitation by the contracting entities
under Article 46(3), shall, as a general rule, be fixed at no
less than 37 days from the date on which the notice or
invitation was sent and may in no case be less than 22 days
if the notice is sent for publication by means other than
electronic means or fax, and at 15 days if the notice is sent
by such means;

(b) the time-limit for receipt of tenders may be set by mutual
agreement between the contracting entity and the selected
candidates, provided that all candidates have the same time
to prepare and submit their tenders;

5. Where notices are drawn up and transmitted by elec-
tronic means in accordance with Annex XIX, the time-limits
in restricted and
for
requests
negotiated procedures, and for receipt of
tenders in open
procedures, may be shortened by seven days.

to participate

receipt of

Except

in the case of a time-limit

6.
set by mutual
agreement in accordance with point (b) of paragraph 3, time-
limits for receipt of tenders in open, restricted and negotiated
procedures may be further reduced by five days where the
contracting entity offers
to the entire
contract documents and any supporting documents by elec-
tronic means as from the date on which the notice used as a
means of calling for competition is sent, in accordance with
Annex XIX.

free direct access

In open procedures,

the
the
7.
reductions provided for in paragraphs 4, 5 and 6 may in no
case result in a time-limit for receipt of tenders of less than 15
days from the date on which the contract notice was sent.

cumulative

effect of

However, if the contract notice is not sent by fax or electronic
means, the cumulative effect of the reductions provided for in
paragraphs 4, 5 and 6 may in no case result in a time-limit for
receipt of tenders in an open procedure of less than 22 days
from the date on which the contract notice was sent.

The cumulative effect of the reductions provided for in
8.
paragraphs 4, 5 and 6 may in no case result in a time-limit for
receipt of requests to participate,
in response to a notice
published under point (c) of Article 41(1), or in response to
an invitation by the contracting entities under Article 46(3), of
less than 15 days from the date on which the contract notice
or invitation was sent.

is not possible to reach agreement on the
(c) where it
time-limit
the contracting entity
for receipt of
shall fix a time-limit which shall, as a general rule, be at
least 24 days and which shall in no case be less than 10
days from the date of the invitation to tender.

tenders,

In restricted and negotiated procedures, the cumulative effect of
the reductions provided for in paragraphs 4, 5 and 6 may in
no case, except that of a time-limit set by mutual agreement in
accordance with point (b) of paragraph 3, result in a time-limit
for the receipt of tenders of less than 10 days from the date of
the invitation to tender.

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If, for whatever reason, the contract documents and the
9.
supporting documents or additional
information, although
requested in good time, have not been supplied within the
time-limits set in Article 45, or where tenders can be made
only after a visit to the site or after on-the-spot inspection of
the documents supporting the contract documents, the time-
limits for receipt of
tenders shall be extended accordingly,
except in the case of a time-limit set by mutual agreement in
accordance with point (b) of paragraph 3, in such a way that
the time-limits shall not apply until all the economic operators
concerned have taken note of all the information needed for
the preparation of a tender.

(b) the final date for receipt of tenders, the address to which
they shall be sent, and the language or languages in which
they shall be drawn up;

(c) a reference to any published contract notice;

(d) an indication of any documents to be attached;

(e) the criteria for the award of the contract, and their relative
weighting where this is not indicated in the contract notice;

A summary table of the time-limits laid down in this

10.
Article is given in Annex XXI.

(f) any other specific condition for taking part in the tendering

procedure.

Article 45

Set of specifications and additional information

1. Where contracting entities do not give free and direct
access to the specifications,
in their entirety, and to any
supporting documents, by electronic means in accordance
with Annex XIX, and where,
in restricted or negotiated
procedures involving a call for competition, the invitation to
tender is not accompanied by such documents, the specifi-
cations and supporting documents shall be sent to economic
operators within six days of receipt of the request, provided
that the request was made in good time before the deadline for
submission of bids.

Provided that

it has been requested in good time,
2.
additional
information relating to the specifications shall be
supplied by the contracting entities not later than six days
before the final date fixed for receipt of tenders.

Article 46

Mode of transmission of requests to participate and rules
governing invitations to tender

Requests to participate in procurement procedures may

1.
be made by electronic means, by letter or by fax.

notice,

indicative

for competition is made by means of a
3. When a call
shall
periodic
subsequently invite all candidates to confirm their interest on
the basis of detailed information on the contract concerned
before beginning the selection of tenderers or participants in
negotiations.

contracting

entities

This invitation shall include at least the following information:

(a) nature and quantity,

including all options concerning
complementary contracts and,
the estimated
time available for exercising these options; for renewable
contracts,
the
estimated publication dates of future notices of competition
for works, supplies or services to be put out to tender;

the nature and quantity and,

if possible,

if possible,

(b) type of procedure: restricted or negotiated;

(c) where appropriate,

the date on which the delivery of
the execution of works or services is to

supplies or
commence or terminate;

(d) the address and closing date for the submission of requests
for tender documents and the language or languages in
which they are to be drawn up;

If they are made by fax, the contracting entities may require
that they be confirmed by letter or by electronic means before
the end of the period laid down in Article 44.

(e) the address of the entity which is to award the contract and
supply the information necessary for obtaining the specifi-
cations and other documents;

shall

Contracting authorities

simultaneously and in
2.
writing invite the selected candidates to submit their tenders.
The invitation to these candidates shall indicate how they may
access the set of specifications and supporting documents made
directly available by electronic means in accordance with
the invitation
If such access is not provided,
Annex XIX.
shall be accompanied by one copy of the specifications and
supporting documents.

In addition, the invitation shall include at least the following:

(f) economic and technical conditions, financial guarantees and

information required from economic operators;

(g) the amount and payment procedures for any sum payable
for obtaining the documentation on the procurement
procedure;

(h) form of the contract which is the subject of the invitation
lease, hire or hire-purchase, or any

to tender: purchase,
combination of these; and

(a) where appropriate, the time-limit for requesting additional
documents, as well as the amount and terms of payment of
any sum to be paid for such documents;

(i)

the award criteria and their weighting where this is not
indicated in the indicative notice.

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S e c t i o n 3

Communication and information

Article 47

Means of communication

All communication and information exchange mentioned
fax or electronic

1.
in this Part may be performed by letter,
means, at the option of the contracting entity.

. . .

European Parliament and Council Directives 99/93/EC and
. . ./. . ./EC of
information
society serices, and in particular electronic commerce in the
internal market] shall apply to the transmission of information
by electronic means.

[on certain legal aspects of

Communication and information exchange

2.
carried out in such a way as to ensure:

shall be

(a) that the integrity of data and the confidentiality of tenders
and of all information supplied by economic operators are
preserved;

(b) that the contracting entities only examine the content of
tenders after the time-limit set for submitting these has
expired.

3.
In the case of tenders transmitted by electronic means,
tenderers shall undertake that all documents, certificates and
declarations that may be required under Articles 51(2), 52 and
53 will be submitted at the latest on the day before tenders are
opened.

4. Whatever means
the transmission of
is chosen for
tenders, it shall not have the effect of hampering the proper
functioning of the internal market.

Article 48

Information to applicants for qualification, candidates and
tenderers

1.
Contracting entities shall, as soon as possible, inform the
economic operators involved of decisions reached concerning
the award of
the contract, and shall do so in writing if
requested.

Contracting entities shall, as soon as possible after receipt
2.
of a written request,
inform any unsuccessful candidate or
tenderer of the reasons for the rejection of his application or
his tender, and shall inform 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.

is

that

decide

contracting

to be withheld where release of

However,
certain
entities may
information on the contract award, referred to in the first
subparagraph,
such
the law or
information would impede the application of
would otherwise be contrary to the public interest or would
prejudice the legitimate commercial
interests of public or
private economic operators, including those of the economic
operator to whom the contract has been awarded, or might
prejudice fair competition between economic operators.

Contracting entities who establish and operate a system
3.
of qualification shall inform applicants of their decision as to
qualification within a reasonable period. If the decision will
take longer than six months from the presentation of an
application, the contracting entity shall inform the applicant,
within two months of the application, of the reasons justifying
the longer period and of the date by which his application will
be accepted or refused.

Applicants whose qualification is

refused shall be
4.
informed of
this decision and the reasons for refusal. The
reasons must be based on the criteria for qualification
referred to in Article 52(2).

5.
Contracting entities who establish and operate a system
of qualification may bring the qualification of an economic
operator to an end only for reasons based on the criteria
referred to in Article 52(2). The intention to bring qualification
to an end must be notified in writing to the economic operator
beforehand, together with the reason or reasons justifying the
proposed action.

Article 49

Information to be stored concerning awards

1.
Contracting entities shall keep appropriate information
on each contract which shall be sufficient to permit them at
a later date to justify decisions taken in connection with:

(a) the qualification and selection of economic operators and

award of contracts;

(b) the use of procedures without a prior call for competition

by virtue of Article 39(3);

(c) the non-application of Chapters III to VI of this Title by
virtue of the derogations provided for in Chapter II of Title
I and in Chapter II of this Title.

The information shall be kept for at least four years from
2.
the date of award of the contract so that the contracting entity
will be able, during that period,
to provide the necessary
information to the Commission if the latter so requests.

CHAPTER VII

CONDUCT OF THE PROCEDURE

Article 50

General

Contracts shall be awarded on the basis of the award
1.
criteria laid down in Section 2, taking into account Article
36 concerning variants, after the suitability of the economic
operators has been verified on the basis of
the rules and
criteria established in accordance with Article 53, taking into
account Article 51 concerning mutual recognition.

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for competition is made by means of a
2. When a call
notice on the existence of a qualification system provided for
in Section 1, the specific contracts which are the subject of the
call for competition shall be awarded on the basis of the award
criteria laid down in Section 2, taking into account Article 36
concerning variants, after verification, on the basis of the rules
and criteria established in accordance with Article 53, of the
suitability of qualified economic operators in accordance with
the provisions set out in Article 52 on qualification systems,
taking into account Article 51 concerning mutual recognition.

S e c t i o n 1

Qualification and qualitative selection

Article 51

Mutual recognition concerning administrative, technical or
financial conditions, and certificates, tests and evidence

1. When choosing participants for a restricted or negotiated
procedure, contracting entities shall not, when taking their
decision on qualification or when updating the criteria and
rules for qualification:

(a) impose administrative, technical or financial conditions on
certain economic operators which would not have been
imposed on others;

(b) require tests or evidence, which would duplicate objective

evidence already available.

request

contacting

2. Where
of
entities
certificates produced by independent bodies, certifying that
satisfies certain quality guarantee
the economic operator
standards they shall refer to quality assurance systems based
on the series of European standards on the subject and certified
by bodies meeting European standards of certification.

production

Contracting entities shall recognise certificates of bodies estab-
lished in other Member States. They shall also accept other
evidence of
guarantees produced by
economic operators, where the latter do not have access to
these certificates or have no opportunity of producing them
within the prescribed period.

equivalent quality

Article 52

Qualification systems

Contracting entities which so wish may establish and

1.
operate a system of qualification of economic operators.

Entities which establish or operate a system of qualification
shall ensure that economic operators are at all times able to
request qualification.

The system under paragraph 1 may involve different

2.
qualification stages.

It shall be operated on the basis of objective criteria and rules
to be established by the contracting entity.

Where those criteria and rules include technical specifications,
the provisions of Article 34 shall apply. The criteria and rules
may be updated as required.

3.
The criteria and rules for qualification referred to in
paragraph 2 shall be made available to economic operators
on request. The updating of these criteria and rules shall be
communicated to the interested economic operators. Where a
contracting entity considers that the qualification system of
certain other entities or bodies meets its requirements,
it
shall communicate to interested economic operators
the
names of such other entities or bodies.

4.
A written record of qualified economic operators shall be
kept; it may be divided into categories according to the type of
contract for which the qualification is valid.

for competition is made by means of a
5. When a call
notice on the existence of a qualification system, tenderers in
a restricted procedure or participants in a negotiated procedure
shall be selected from the qualified candidates in accordance
with such a system.

Article 53

Criteria for qualitative selection

1.
Contracting entities which establish selection criteria in
an open procedure shall do so in accordance with objective
rules and criteria which are available to economic operators.

2.
Contracting entities which select candidates for restricted
or negotiated procedures shall do so according to objective
criteria and rules which they have laid down and which are
available to interested economic operators.

In restricted or negotiated procedures, the criteria may be
3.
based on the objective need of the contracting entity to reduce
the number of candidates to a level which is justified by the
of
need
the
the particular
required to
procurement procedure with the
conduct it. The number of candidates selected shall, however,
take account of the need to ensure adequate competition.

characteristics
resources

to balance

4.
The criteria set out in paragraphs 1 and 2 may include
the exclusion criteria listed in Article 46 of Directive . . ./. . ./EC
[on the coordination of procedures for the award of public
supply contracts, public service contracts and public works
contracts].

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S e c t i o n 2

Awards

Article 54

Contract award criteria

1. Without prejudice to national laws, regulations or admin-
istrative provisions on the remuneration of certain services, the
criteria on which the contracting entities shall base the award
of contracts shall be:

for

(a) where the contract is awarded on the basis of the most
the contracting
tender
economically advantageous
involving various criteria directly linked to the
entities,
such as
subject-matter of
delivery or completion date,
running costs, cost-effec-
tiveness, quality, aesthetic and functional characteristics,
technical merit, after-sales
environmental characteristics,
service and technical assistance, commitments with regard
to spare parts, security of supply, and price; or

in question,

contract

the

(b) the lowest price only.

2.
In the case referred to in point (a) of paragraph 1, the
contracting entity shall specify the relative weighting which it
gives to each of the criteria chosen to determine the most
economically advantageous tender.

This weighting may be expressed as a range within which the
value of each criterion is stated.

3. Where the means of calling for competition is a notice as
referred to in point (a) of Article 41(1), the relative weighting
shall be specified as follows:

(b) otherwise, in the invitation to confirm the interest referred
in the contract

to in Article 46(3) or, at
the latest,
documents or in the invitation to tender.

Article 55

Abnormally low tenders

for a given contract,

If,
tenders appear abnormally low in
relation to the service to be provided, the contracting entity
shall, before it may reject those tenders, request in writing an
explanation of the constituent elements of the tender which it
considers relevant and, after hearing the interested party, shall
verify those constituent elements, taking account of the expla-
nations received. It may set a reasonable period within which
to reply.

take into consideration expla-
The contracting entity shall
nations which are justified on objective grounds relating to
the economics of the construction or production method, or
the technical solutions chosen, or the exceptionally favourable
conditions available to the tenderer for the execution of the
the work
contract, or
proposed by the tenderer.

the originality of

the product or

Contracting entities may reject tenders which are abnormally
they have
low owing to the receipt of State aid only if
consulted the tenderer and if the tenderer has been unable to
show, within a reasonable period set by the contracting entity,
that the aid in question has been notified to the Commission
pursuant to Article 88(3) of the Treaty and has received the
Commission’s approval. Contracting entities which reject a
tender in those circumstances shall
inform the Commission
that they have done so.

(a) in the contract notice or in the contract documents in the

case of open procedures;

S e c t i o n 3

(b) in the notice in the case of restricted and negotiated

procedures.

Tenders comprising products originating in third countries and
relations with those countries

In the case of point (b), the weighting may, exceptionally and
in duly justified cases, be stated in the contract documents or
in the invitation to tender.

Tenders

comprising

Article 56

products
countries

originating

in

third

4. Where, in restricted or negotiated procedures, the means
of calling for competition is a notice on the existence of a
system of qualification,
relative weighting shall be
specified as follows:

the

(a) in the notice used as a means of calling for competition, if
the weighting is known at the time of sending the notice
for publication;

(b) otherwise, in the contract documents or the invitation to

tender.

5. Where, in restricted or negotiated procedures, the means
of calling for competition is a periodic indicative notice, the
relative weighting shall be specified as follows:

This Article shall apply to tenders covering products orig-
1.
inating in third countries with which the Community has not
concluded, whether multilaterally or bilaterally, an agreement
ensuring comparable and effective access
for Community
undertakings to the markets of those third countries. It shall
be without prejudice to the obligations of the Community or
its Member States in respect of third countries.

2.
Any tender made for the award of a supply contract may
be rejected where the proportion of the products originating in
third countries, as determined in accordance with Council
Regulation (EEC) No 2913/92 (1), exceeds 50 % of the total
value of
the
purposes of this Article, software used in telecommunications
network equipment shall be regarded as products.

constituting the

the products

tender. For

(a) in the notice used as a means of calling for competition, if
the weighting is known at the time of sending the notice
for publication;

(1) OJ L 302, 19.10.1992, p. 1; Regulation as last amended by
European Parliament and Council Regulation (EC) No 955/1999
(OJ L 119, 7.5.1999, p. 1).

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Subject to the second subparagraph, where two or more
3.
tenders are equivalent in the light of the award criteria defined
in Article 54, preference shall be given to those tenders which
may not be rejected pursuant to paragraph 2. The prices of
those tenders shall be considered equivalent for the purposes of
this Article, if the price difference does not exceed 3 %.

However, a tender shall not be preferred to another pursuant to
the first subparagraph where its acceptance would oblige the
contracting entity to acquire equipment having technical
characteristics different
from those of existing equipment,
resulting in incompatibility, technical difficulties in operation
and maintenance, or disproportionate costs.

4.
For the purposes of this Article, those third countries to
which the benefit of the provisions of this Directive has been
extended by a Council decision in accordance with paragraph 1
shall not be taken into account for determining the proportion,
referred to in paragraph 2, of products originating in third
countries.

The Commission shall submit an annual report to the
5.
Council, commencing in the second half of
the first year
following the entry into force of this Directive, on progress
made in multilateral or bilateral negotiations regarding access
for Community undertakings to the markets of third countries
in the fields covered by this Directive, on any result which such
negotiations may have achieved, and on the implementation in
practice of all the agreements which have been concluded.

The Council, acting by a qualified majority on a proposal from
the Commission, may amend the provisions of this Article in
the light of such developments.

Article 57

Relations with third countries as regards service contracts

inform the Commission of any
1. Member States shall
general difficulties encountered,
in law or in fact, by their
undertakings in securing the award of service contracts in
third countries.

report

The Commission shall

2.
to the Council before
31 December 1994, and periodically thereafter, on the
opening-up of service contracts in third countries and on
progress in negotiations with these countries on this subject,
particularly within the framework of the WTO.

The Commission shall endeavour, by approaching the
3.
third country concerned, to remedy any situation whereby it
finds, on the basis either of the reports referred to in paragraph
2 or of other information, that, in the context of the award of
service contracts, a third country:

(b) does not grant Community undertakings national treatment
or the same competitive opportunities as are available to
national undertakings; or

(c) grants undertakings

from other

third countries more

favourable treatment than Community undertakings.

In the circumstances referred to in paragraph 3,

the
4.
Commission may at any time propose that
the Council
decide to suspend or restrict, over a period to be laid down
in the decision, the award of service contracts to:

(a) undertakings governed by the law of the third country in

question;

(b) undertakings affiliated to the undertakings specified in
point
in the
Community but having no direct and effective link with
the economy of a Member State;

and having their

registered office

(a)

(c) undertakings

submitting tenders which have as

their
subject-matter services originating in the third country in
question.

The Council shall act, by qualified majority, as soon as possible.

The Commission may propose these measures on its own
initiative or at the request of a Member State.

This Article shall be without prejudice to the obligations

5.
of the Community in relation to third countries.

TITLE III

SPECIFIC RULES APPLICABLE TO DESIGN CONTESTS

Article 58

General

The rules for the organisation of a design contest shall be
1.
in conformity with paragraph 2 of
this Article and with
Articles 59, 61, 62 and 63 and shall be made available to
those interested in participating in the contest.

The admission of participants to design contests shall not

2.
be limited:

(a) reference to the territory or part of

the territory of a

Member State;

(a) does not grant Community undertakings effective access
comparable to that granted by the Community to under-
takings from that country; or

(b) on the grounds that, under the law of the Member State in
they would have been
is organised,

which the contest
required to be either natural or legal persons.

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Article 59

Thresholds

Article 61

Rules on advertising and transparency

1.
This Title shall apply to design contests organised as part
of a procuremenet procedure for services whose estimated
value, net of VAT, is equal to or greater than EUR 400 000.

1.
The call for competition shall be made by means of a
notice drawn up in accordance with the standard form adopted
by the Commission in accordance with the procedure in Article
65(2).

This Title shall apply to all design contests where the
2.
total amount of contest prizes and payments to participants
is equal to or greater than EUR 400 000.

This notice shall contain at least the information indicated in
Annex XVII and shall be published in accordance with Annex
XIX.

Article 60

Excluded design contests

1.
This Directive shall not apply to design contests which
the contracting entities organise for purposes other than the
pursuit of their activities as described in Articles 3 to 6 or for
the pursuit of such activities in a third country, in conditions
not involving the physical use of a network or geographical
area within the Community.

2.
Contracting entities shall notify the Commission at its
request of any activities which they regard as excluded under
paragraph 1. The Commission may, for information purposes,
periodically publish lists of the categories of activities which it
considers to be covered by this exclusion, in the Official Journal
of the European Communities. In so doing, the Commission shall
the contracting
respect any sensitive commercial aspects
entities may point out when forwarding this information.

This Directive shall not apply to contests governed by

3.
different procedural rules and organised:

(a) pursuant

to an international agreement concluded in
accordance with the Treaty between a Member State and
one or more third countries and covering supplies, works,
services or design contests intended for the joint implemen-
tation or exploitation of a project by the signatory States;
every
the
be
Commission, which may consult the Advisory Committee
for Public Contracts;

communicated

agreement

shall

to

(b) pursuant

to an international agreement relating to the
in a
troops and involving undertakings

stationing of
Member State or a third country;

Only the text in the original language shall be authentic.

2.
Contracting entities which have organised a design
contest shall communicate the results to the Commission,
within two months of the closure of the design contest and
under conditions to be laid down by the Commission in
accordance with the procedure referred to in Article 65(2),
by means of a notice.

This notice shall be drawn up in accordance with the standard
form adopted by the Commission in accordance with the
procedure in Article 65(2) and shall contain at
the
information indicated in Annex XVIII.

least

3.
The information supplied in accordance with Annex
XVIII shall be published in accordance with Annex XIX.
Contracting entities shall not, however, be obliged to publish
sensitive commercial information.

4.
Notices drawn up and transmitted by electronic means in
accordance with Annex XIX shall be published not later than
five days after they are sent, in accordance with the technical
specifications for publication given in Annex XIX.

Notices which are not
transmitted by electronic means in
accordance with the technical specifications for publication
later than 12
given in Annex XIX shall be published not
days after they are sent.

5.
The notices and their contents shall not be made public
before the date on which they are sent for publication in
accordance with Annex XIX. Such publication shall not
contain information other than that contained in the notices
sent in accordance with Annex XIX.

The costs of publishing notices in accordance with Annex

6.
XIX shall be borne by the Community.

(c) pursuant to the particular procedure of an international

organisation.

Article 62

Means of communication

This Directive shall not apply to design contests organised
4.
for the pursuit, in the Member State concerned, of an activity
in respect of which a decision establishing the applicability of
Article 29(1) has been taken or concerning which that Article
is deemed to be applicable in accordance with paragraph 5
thereof.

All

communications

1.
information
mentioned in this Directive may be effected by letter, by fax
or by electronic means, at the option of the contracting entity.

and exchanges of

Directives 1999/93/EC and . . ./. . ./EC [on certain legal aspects
of electronic commerce in the information society, etc.] shall
apply to the transmission of information by electronic means.

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This communication and information exchange must be

2.
carried out in such a way as to ensure:

out in Article 15 but which would be covered by this Directive
were it not for those thresholds.

(a) that

the integrity and confidentiality of all

information

supplied by service providers are preserved;

(b) that

the contracting authorities may only examine the
content of plans and projects after the time-limit set for
submitting these has expired.

3.
If plans and projects are submitted by electronic means,
participants in design contests shall undertake to submit any
documents, certificates, attestations and declarations required
by the contracting entities by any appropriate means not
later
are
examined by the jury.

than the day before

and projects

the plans

2.
As regards the categories of activity to which Annexes I,
II, VII, VIII and IX refer, Member States shall ensure that the
Commission receives a statistical report on contracts awarded
no later than 31 October [. . .] for the previous year, and before
31 October of each year, in accordance with arrangements to
be laid down under the procedure referred to in Article 65(2).
The statistical report shall contain the information required to
verify the proper application of the Agreement.

The information required under the first subparagraph shall
not include information concerning contracts for the services
listed in category 8 of Annex XVI A, for telecommunications
services
listed in category 5 whose CPV positions are
equivalent to the CPC reference numbers of which are 7524,
7525 and 7526, or for the services listed in Annex XVI B.

4. Whichever means is chosen for the submission of plans
and projects,
it shall not have the effect of giving rise to
discrimination against economic operators.

The arrangements under paragraphs 1 and 2 shall be

3.
fixed in such a way as to ensure that:

Article 63

Organisation of design contests, selection of participants
and the jury

1. When organising design contests, contracting entities
shall apply procedures which are adapted to the provisions
of this Directive.

2. Where design contests are restricted to a limited number
of participants, contracting authorities shall lay down clear and
non-discriminatory selection criteria. In any event, the number
of candidates invited to participate shall be sufficient to ensure
genuine competition.

professional

qualification

The jury shall be composed exclusively of natural persons
3.
who are independent of participants in the contest. Where a
particular
from
participants in a contest, at least a third of its members shall
have the same qualification or its equivalent. The jury shall be
in its decisions or opinions. These shall be
autonomous
reached on the basis of projects submitted anonymously, and
solely on the basis of the criteria set out in the notice provided
for in Annex XVII.

required

is

TITLE IV

STATISTICAL OBLIGATIONS, IMPLEMENTING POWERS
AND FINAL PROVISIONS

Article 64

Statistical obligations

in accordance with the
1. Member States shall ensure,
arrangements to be laid down under the procedure provided
for in Article 65(2), that the Commission receives every year a
statistical report concerning the total value, broken down by
Member State and by category of activity to which Annexes I
to IX refer, of the contracts awarded below the thresholds set

(a) in the interests of administrative simplification, contracts of
lesser value may be excluded, provided that the usefulness
of the statistics is not jeopardised;

(b) the confidential nature of

the information provided is

respected.

Article 65

Advisory Committee

1.
The Commission shall be assisted by the Advisory
Committee for Public Contracts instituted by Article 1 of
Council Decision 71/306/EEC (1).

2. Where reference is made to this paragraph, the advisory
procedure in Article 3 of Decision 1999/468/EC shall apply, in
compliance with Article 7 and Article 8 thereof.

Article 66

Revision of thresholds

The Commission shall revise,

1.
in accordance with the
procedure laid down in Article 62(2), the thresholds established
in Article 15, every two years from 1 January 2000, where
such revision is necessary in order to ensure compliance with
the thresholds in force as laid down by the Agreement on
Government Procurement concluded within the World Trade
Organisation, which are expressed as Special Drawing Rights
(SDR).

The calculation of the value of these thresholds shall be based
on the average daily value of the euro, expressed in SDR, over
the 24 months terminating on the last day of August preceding
the revision with effect
the
thresholds thus revised shall, where necessary, be rounded
down to the nearest ten thousand euro.

from 1 January. The value of

(1) OJ L 185, 16.8.1971, p. 15; Decision as amended by Decision

77/63/EEC (OJ L 13, 15.1.1977, p. 15).

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At

the same time as performing the revision under
2.
paragraph 1, the Commission shall,
in accordance with the
procedure under Article 65(2), align the thresholds laid down
in Article 59 (design contests) on the revised threshold
applicable to service contracts.

The values of the thresholds laid down in accordance with
paragraph 1 in the national currencies of Member States not
participating in Monetary Union shall, in principle, be revised
every two years from 1 January 2002. The calculation of such
values shall be based on the average daily values of those
currencies, expressed in euro, over the 24 months terminating
on the last day of August preceding the revision with effect
from 1 January.

Where appropriate, the Commission shall also revise the calcu-
lation methods
first
subparagraph of paragraph 2.

in paragraph 1 and the

set out

3.
The revised thresholds referred to in paragraph 1, their
values in national currencies and the aligned thresholds shall be
published by the Commission in the Official
the
European Communities at
the month of
November following their revision.

the beginning of

Journal of

Article 67

Rules on revision and adaptation

The Commission may amend,

1.
procedure referred to in Article 65(2):

in accordance with the

(a) the list of contracting entities in Annexes I to IX so that

they fulfil the criteria set out in Articles 2 to 6;

(b) the conditions for the presentation, dispatch, receipt, trans-
lation, safekeeping and distribution of the notices referred
to in Articles 36, 37, 38 and 58;

(c) the nomenclature set out in Annexes XVI A and XVI B, in
so far as this does not change the scope of the Directive,
and the reference in the notices to particular headings in
the nomenclature;

(d) the nomenclature set out in Annex XI, in so far as this does

(e) Annexes X and XIX.

Decisions taken under paragraph 1 shall be published in

2.
the Official Journal of the European Communities.

Article 68

Implementation of the Directive

Member States shall bring into force the laws, regulations and
administrative provisions to comply with this Directive by
30 June 2002 at the latest. They shall
immediately inform
the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 69

Repeal

Directive 93/38/EEC is hereby repealed, without prejudice to
the obligations of the Member States concerning the time-
limits for transposition into national law set out in Annex XXII.

References to the repealed Directives shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex XXIII.

Article 70

Entry into force

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 71

Addressees

not change the scope of the Directive;

This Directive is addressed to the Member States.

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CONTRACTING ENTITIES IN THE SECTORS OF PRODUCTION, TRANSPORT OR DISTRIBUTION OF
DRINKING WATER

ANNEX I

BELGIUM

Entity set up pursuant to the DØcret de la rØgion wallonne Ørigeant en entreprise rØgionale de production et d’adduction
d’eau le service du ministŁre de la rØgion chargØ de la production et du grand transport d’eau of 2 July 1987.

Entity set up pursuant to the ArrŒtØ portant constitution d’une sociØtØ wallonne de distribution d’eau of 23 April 1986.

Entity set up pursuant to the ArrŒtØ de l’exØcutif flamand portant fixation des statuts de la sociØtØ flamande de
distribution d’eau of 17 July 1985.

Entities producing or distributing water and set up pursuant to the Loi relative aux intercommunales of 22 December
1986.

Entities producing or distributing water and set up pursuant to the Code communal, article 147 bis, ter et quater sur les
rØgies communales.

DENMARK

Entities producing or distributing water referred to in Article 3(3) of the lovbekendtgłrelse om vandforsyning m.v. of 4
July 1985.

GERMANY

Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen or Eigenbetriebsgesetze of the L(cid:228)nder
(Kommunale Eigenbetriebe).

Entities producing or distributing water pursuant to the Gesetze (cid:252)ber die Kommunale Gemeinschaftsarbeit oder Zu-
sammenarbeit of the L(cid:228)nder.

Entities producing water pursuant to the Gesetz (cid:252)ber Wasser- und Bodenverb(cid:228)nde of 10 February 1937 and the erste
Verordnung (cid:252)ber Wasser- und Bodenverb(cid:228)nde of 3 September 1937.

(Regiebetriebe) producing or distributing water pursuant to the Kommunalgesetze, and in particular the Gemeinde-
ordnungen der L(cid:228)nder.

Entities set up pursuant to the Aktiengesetz of 6 September 1965, as last amended on 19 December 1985, or the
GmbH-Gesetz of 20 May 1898, as last amended on 15 May 1986, or having the legal status of a Kommanditgesellschaft,
producing or distributing water on the basis of a special contract with regional or local authorities.

GREECE

The Water Company of Athens (Etaireia Ydrefseos (cid:151) Apochetefseos Protenoysis) set up pursuant to Law 1068/80 of 23
August 1980.

The Water Company of Thessaloniki (Organismos Ydrefseos Thessalonikis) operating pursuant to Presidential Decree
61/1988.

The Water Company of Volos (Etaireia Ydrefseos Voloy) operating pursuant to Law 890/1979.

Municipal companies (Dimotikes Epicheiriseis ydrefsis-apochetefsis) producing or distributing water and set up pursuant
to Law 1069/80 of 23 August 1980.

Associations of
Dimon kai Koinotiton) implemented by Presidential Decree 76/1985.

local authorities (Syndesmoi ydrefsis) operating pursuant to the Code of

local authorities (Kodikas

SPAIN

Entities producing or distributing water pursuant to Ley no 7/1985 de 2 de abril de 1985. Reguladora de las Bases del
RØgimen local and to Decreto Real no 781/1986 Texto Refundido RØgimen local

(cid:151) Canal de Isabel II. Ley de la Comunidad Aut(cid:243)noma de Madrid de 20 de diciembre de 1984.

(cid:151) Mancomunidad de los Canales de Taibilla, Ley de 27 de abril de 1946.

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FRANCE

Entities producing or distributing water pursuant to the:

dispositions gØnØrales sur les rØgies, code des communes L 323-1 (cid:224) L 328-8, R 323-1 (cid:224) R 323-6 (dispositions gØnØrales
sur les rØgies), or

code des communes L 323-8, R 323-4 [rØgies directes (ou de fait)], or

dØcret-loi du 28 dØcembre 1926, rŁglement d’administration publique du 17 fØvrier 1930, code des communes L 323-10
(cid:224) L 323-13, R 323-75 (cid:224) 323-132 (rØgies (cid:224) simple autonomie financiŁre), or

code des communes L 323-9, R 323-7 (cid:224) R 323-74, dØcret du 19 octobre 1959 (rØgies (cid:224) personnalitØ morale et (cid:224)
autonomie financiŁre), or

code des communes L 324-1 (cid:224) L 324-6, R 324-1 (cid:224) R 324-13 (gestion dØlØguØe, concession et affermage), or

jurisprudence administrative, circulaire intØrieure(gØrance), or

code des communes R 324-6, circulaire intØrieure (rØgie intØressØe), or

circulaire intØrieure du 13 dØcembre 1975 (exploitation aux risques et pØrils), or

dØcret du 20 mai 1955, loi du 7 juillet 1983 sur les sociØtØs d’Øconomie mixte (participation (cid:224) une sociØtØ d’Øconomie
mixte), or

code des communes L 322-1 (cid:224) L 322-6, R 322-1 (cid:224) R 322-4 (dispositions communes aux rØgies, concessions et
affermages).

IRELAND

Entities producing or distributing water pursuant to the Local Government (Sanitary Services) Act 1878 to 1964.

ITALY

Entities producing or distributing water pursuant to the Consolidated Text of the Leggi sull’assunzione diretta dei
pubblici servizi da parte dei comuni e delle province approvato con Regio Decreto n. 2578 of 15 October 1925
and Decreto del P.R. n. 902 of 4 October 1986.

Ente Autonomo Acquedotto Pugliese, set up pursuant to RDL n. 2060 of 19 October 1919.

Ente Acquedotti Siciliani, set up pursuant to Leggi regionali n. 2/2 of 4 September 1979 and n. 81 of 9 August 1980.

Ente Sardo Acquedotti e Fognature, set up pursuant to Legge n. 9 of 5 June 1963.

LUXEMBOURG

Local authorities distributing water.

Associations of
local authorities producing or distributing water, set up pursuant to the loi du 14 fØvrier 1900
concernant la crØation des syndicats de communes telle qu’elle a ØtØ modifiØe et complØtØe par la loi du 23 dØcembre
1958 et par la loi du 29 juillet 1981, and pursuant to the loi du 31 juillet 1962 ayant pour objet le renforcement de
l’alimentation en eau potable du Grand-DuchØ de Luxembourg (cid:224) partir du rØservoir d’Esch-sur-Sßre.

NETHERLANDS

Entities producing or distributing water pursuant to the Waterleidingwet of 6 April 1957, as amended by the Laws of 30
June 1967, 10 September 1975, 23 June 1976, 30 September 1981, 25 January 1984 and 29 January 1986.

AUSTRIA

Entities of local authorities (Gemeinden) and associations of local authorities (Gemeindeverb(cid:228)nde) producing, trans-
porting or distributing drinking water pursuant to the Wasserversorgungsgesetze of the nine L(cid:228)nder.

PORTUGAL

Empresa Pœblica das `guas Livres producing or distributing water pursuant to the Decreto-Lei n.o 190/81 of 4 July
1981.

Local authorities producing or distributing water.

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FINLAND

Entities producing, transporting or distributing drinking water pursuant to Article 1 of Laki yleisist(cid:228) vesi- ja viem(cid:228)ri-
laitoksista (982/77) of 23 December 1977.

SWEDEN

Local authorities and municipal companies producing, transporting or distributing drinking water pursuant to lagen
(1970:244) om allm(cid:228)nna vatten- och avloppsanl(cid:228)ggningar.

UNITED KINGDOM

Water companies producing or distributing water pursuant to the Water Acts 1945 and 1989.

The Central Scotland Water Development Board, producing or distributing water, and the Water Authorities, producing
or distributing water pursuant to the Water (Scotland) Act 1980.

The Department of the Environment for Northern Ireland responsible for producing and distributing water pursuant to
the (cid:145)Water and Sewerage(cid:146) (Northern Ireland) Order 1973.

CONTRACTING ENTITIES IN THE SECTORS OF PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELEC-
TRICITY

ANNEX II

BELGIUM

Entities producing, transporting or distributing electricity pursuant to Article 5: Des rØgies communales et intercom-
munales of the Loi sur les distributions d’Ønergie Ølectrique of 10 March 1925.

Entities transporting or distributing electricity pursuant to the loi relative aux intercommunales of 22 December 1986.

EBES, Intercom, Unerg and other entities producing, transporting or distributing electricity and granted a concession for
distribution pursuant to Article 8 (cid:151) les concessions communales et intercommunales of the loi du 10 mars 1952 sur les
distributions d’Ønergie Ølectrique.

The SociØtØ publique de production d’ØlectricitØ (SP(cid:201)).

DENMARK

Entities producing or transporting electricity on the basis of a licence pursuant to § 3, stk. 1, of lov nr. 54 of 25
February 1976 om elforsyning, jf. bekendtgłrelse nr. 607 af 17. december 1976 om elforsyningslovens anvendelsesom-
r(cid:229)de.

Entities distributing electricity as defined in § 3, stk. 2, of lov nr. 54 af 25. februar 1976 om elforsyning, jf. bekendt-
głrelse nr. 607 af 17. december 1976 om elforsyningslovens anvendelsesomr(cid:229)de and on the basis of authorisations for
expropriation pursuant to Articles 10 to 15 of the lov om elektriske st(cid:230)rkstrłmsanl(cid:230)g, jf lovbekendtgłrelse nr. 669 af
28. december 1977.

GERMANY

Entities producing, transporting or distributing electricity as defined in § 2 Absatz 2 of the Gesetz zur F(cid:246)rderung der
Energiewirtschaft (Energiewirtschaftsgesetz) vom 13. December 1935, as last amended by the Gesetz vom 19. December
1977, and auto-production of electricity in so far as this is covered by the scope of the Directive pursuant to Article 2(5).

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GREECE

Dimosia Epicheirisi Ilektrismoy (Public Power Corporation) set up pursuant to Law 1468 of 2 August 1950: Peri idryseos
Dimosias Epicheiriseos Ilektrismoy, and operating pursuant to Law 57/85: Domi, rolos kai tropos dioikisis kai leitoyrgias
tis koinonikopoiimenis Dimosias Epicheirisis Ilektrismoy.

SPAIN

Entities producing, transporting or distributing electricity pursuant to Article 1 of the Decreto de 12 de marzo de 1954,
approving the Reglamento de verificaciones elØctricas y regularidad en el suministro de energ(cid:237)a, and pursuant to Decreto
2617/1966, de 20 de octubre, sobre autorizaci(cid:243)n administrativa en materia le instalaciones elØctricas.

Red ElØctrica de Espaæa SA, set up pursuant to Real Decreto 91/1985 de 23 de enero de 1985.

FRANCE

(cid:201)lectricitØ de France, set up and operating pursuant to Loi 46/6288 sur la nationalisation de l’ØlectricitØ et du gaz of 8
April 1946.

Entities (sociØtØs d’Øconomie mixte or rØgies) distributing electricity and referred to in Article 23 of Loi 48/1260 portant
modification des lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la nationalisation de l’ØlectricitØ et du
gaz of 12 August 1948.

Compagnie nationale du Rh(cid:244)ne.

IRELAND

The Electricity Supply Board (ESB), set up and operating pursuant to the Electricity Supply Act 1927.

ITALY

Ente nazionale per l’energia elettrica, set up pursuant to legge n. 1643, 6 dicembre 1962, approvato con Decreto n.
1720, 21 dicembre 1965.

Entities operating on the basis of a licence pursuant to Article 4, n. 5 or 8 of Legge n. 1643 (cid:151) Istituzione dell’Ente
nazionale per la energia elettrica e trasferimento ad esso delle imprese esercenti le industrie elettriche of 6 December
1962.

Entities operating on the basis of a concession pursuant to Article 20 of Decreto del Presidente delle Repubblica n. 342
(cid:151) Norme integrative della legge 6 dicembre 1962, n. 1643 e norme relative al coordinamento e all’esercizio delle
attivit(cid:224) elettriche esercitate da enti ed imprese diverse dell’Ente nazionale per l’Ønergia Elettrica of 18 March 1965.

LUXEMBOURG

Compagnie grand-ducale d’ØlectricitØ de Luxembourg, producing or distributing electricity pursuant to the Convention
of 11 November 1927 concernant l’Øtablissement et l’exploitation des rØseaux de distribution d’Ønergie Ølectrique dans le
grand-duchØ du Luxembourg, approved by the Law of 4 January 1928.

SociØtØ Ølectrique de l’Our (SEO).

Syndicat de communes SIDOR.

NETHERLANDS

Elektriciteitsproduktie Oost-Nederland.

Elektriciteitsbedrijf Utrecht-Noord-Holland-Amsterdam (UNA).

Elektriciteitsbedrijf Zuid-Holland (EZH).

Elektriciteitsproduktiemaatschappij Zuid-Nederland (EPZ).

Provinciale Zeeuwse Energie Maatschappij (PZEM).

Samenwerkende Elektriciteitsbedrijven (SEP).

Entities distributing electricity on the basis of a licence (vergunning) granted by the provincial authorities pursuant to
the Provinciewet.

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AUSTRIA

Entities producing, transporting or distributing electricity pursuant to the second Verstaatlichungsgesetz (BGBl. Nr.
81/1947) and the Elektrizit(cid:228)tswirtschaftsgesetz (BGBl. Nr. 260/1975),
including the Elektrizit(cid:228)tswirtschaftsgesetze of
the nine L(cid:228)nder.

PORTUGAL

Electricidade de Portugal (EDP), set up pursuant to Decreto-Lei n.o 502/76 de 30 de Junho de 1976.

Local authorities distributing electricity pursuant to Artigo 1.o Decreto-Lei n.o 344-B/82 de 1 de Setembro de 1982, as
amended by Decreto-Lei n.o 297/86 de 19 de Setembro de 1986.

Entities producing electricity pursuant to Decreto Lei n.o 189/88 27 de Maio de 1988.

Independent producers of electricity pursuant to Decreto-Lei n.o 189/88 de 27 de Maio de 1988.

Empresa de Electricidade dos A(cid:231)ores (cid:151) EDA, EP, set up pursuant to Decreto Regional n.o 16/80 de 21 de Agosto de
1980.

Empresa de Electricidade da Madeira, EP, set up pursuant to Decreto-Lei n.o 12/74 de 17 de Janheiro de 1974, and
regionalised pursuant to Decreto-Lei n.o 31/79 de 24 de Fevreiro de 1979 and Decreto-Lei n.o 91/79 de 19 de Abril de
1979.

FINLAND

Entities producing, transporting or distributing electricity on the basis of a concession pursuant to Article 27 of
S(cid:228)hk(cid:246)laki (319/79) of 16 March 1979.

SWEDEN

Entities transporting or distributing electricity on the basis of a concession pursuant to lagen (1902:71 s. 1) innefattande
vissa best(cid:228)mmelser om elektriska anl(cid:228)ggningar.

UNITED KINGDOM

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

The North of Scotland Hydro-Electricity Board (NSHB), producing, transporting and distributing electricity pursuant to
the Electricity (Scotland) Act 1979.

The South of Scotland Electricity Board (SSEB), producing, transporting and distributing electricity pursuant to the
Electricity (Scotland) Act 1979.

Northern Ireland Electricity Service (NIES), set up pursuant to the Electricity Supply (Northern Ireland) Order 1972.

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CONTRACTING ENTITIES IN THE SECTORS OF TRANSPORT OR DISTRIBUTION OF GAS OR HEAT

ANNEX III

BELGIUM

Distrigaz SA, operating pursuant to the Law of 29 July 1983.

Entities transporting gas on the basis of an authorisation or concession pursuant to the loi du 12 avril. 1985 as amended
by the loi du 28 juillet 1987.

Entities distributing gas and operating pursuant to the loi relative aux Intercommunales du 22 dØcembre 1986.

Local authorities, or associations of local authorities, distributing heat.

DENMARK

Dansk Olie og Naturgas, A/S operating on the basis of an exclusive right granted pursuant to bekendtgłrelse nr. 869 af
18. juni 1979 om eneretsbevilling til indfłrsel, forhandling, transport og oplagring af naturgas.

Entities operating pursuant to lov nr. 294 af 7. juni 1972 om naturgasforsyning.

Entities distributing gas or heat on the basis of an authorisation pursuant to Chapter IV of lov om varmeforsyning, jf.
lovbekendtgłrelse nr. 330 af 29. juni 1983.

Entities transporting gas on the basis of an authorisation pursuant to bekendtgłrelse nr. 141 af 13. marts 1974 om
rłrledningsanl(cid:230)g p(cid:229) dansk kontinentalsokkelomr(cid:229)de til transport af kulbrinter (installation of pipelines on the conti-
nental shelf for the transport of hydrocarbons).

GERMANY

Entities transporting or distributing gas as defined in paragraph 2 Abs. 2 of the Gesetz zur F(cid:246)rderung der Energiewirt-
schaft vom 13. Dezember 1935 (Energiewirtschaftsgesetz) , as last amended by the law of 19 December 1977.

Local authorities, or associations of local authorities, distributing heat.

GREECE

DEP, transporting or distributing gas pursuant to Ministerial Decision 2583/1987 (Anathesi sti Dimosia Epicheirisi
Petrelaioy armodiotiton schetikon me to fysiko aerio) Systasi tis DEPA AE (Dimosia Epicheirisi Aerioy, Anonymos
Etaireia). Athens Municipal Gasworks S.A., DEFA transporting or distributing gas.

SPAIN

Entities operating pursuant to Ley no 10 de 15 de junio de 1987.

FRANCE

SociØtØ nationale des gaz du Sud-Ouest, transporting gas.

Gaz de France, set up and operating pursuant to the Loi 46/6288 du 8 avril 1946 sur la nationalisation de l’ØlectricitØ et
du gaz.

Entities (sociØtØs d’Øconomie mixte or rØgies) distributing electricity and referred to in Article 23 of the loi 48/1260 du
12 aoßt 1948 portant modification des lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la natio-
nalisation de l’ØlectricitØ et du gaz.

Compagnie fran(cid:231)aise du mØthane, transporting gas.

Local authorities, or associations of local authorities, distributing heat.

IRELAND

Irish Gas Board, operating pursuant to the Gas Act 1976 to 1987, and other entities governed by Statute.

Dublin Corporation, distributing heat.

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ITALY

SNAM and SGM e Montedison, transporting gas.

Entities distributing gas pursuant to the Testo unico delle leggi sull’assunzione diretta del pubblici servizi da parte del
comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578, and to the Decreto del P.R. n. 902 del
4 ottobre 1986.

Entities distributing heat to the public referred to in Article 10 of the Legge 29 maggio 1982, n. 308 (Norme sul
contenimento dei consumi energetici,
l’esercizio di centrali elettriche
alimentate con combustibili diversi dagli idrocarburi).

lo sviluppo delle fonti rinnovabili di energia,

Local authorities, or associations of local authorities, distributing heat.

LUXEMBOURG

SociØtØ de transport de gaz SOTEG SA.

Gaswierk Esch-Uelzecht SA.

Service industriel de la commune de Dudelange.

Service industriel de la commune de Luxembourg.

Local authorities, or associations of local authorities, distributing heat.

NETHERLANDS

NV Nederlandse Gasunie.

Entities transporting or distributing gas on the basis of a licence (vergunning) granted by the local authorities pursuant
to the Gemeentewet.

Local and provincial entities transporting or distributing gas pursuant to Gemeentewet and the Provinciewet.

Local authorities, or associations of local authorities, distributing heat.

AUSTRIA

Gas: contracting entities transporting or distributing gas pursuant to the Energiewirtschaftsgesetz 1935, dRGBl. I S
1451/1935, as amended by dRGBl. I S 4671/1941.

Heat: contracting entities transporting or distributing heat licensed pursuant to the Austrian Trade and Industry
Regulation Act (Gewerbeordnung BGBl. Nr. 50/974).

PORTUGAL

Petroqu(cid:237)mica e GÆs de Portugal (EP). pursuant to Decreto-Lei n.o 346-A/88 de 29 de Setembro de 1988.

FINLAND

Municipal energy services, or associations thereof, or other entities transporting or distributing gas or heat on the basis
of a concession granted by the municipal authorities.

SWEDEN

Entities transporting or distributing gas or heat on the basis of a concession pursuant to lagen (1978:160) om vissa
r(cid:246)rledningar.

UNITED KINGDOM

British Gas plc and other entities operating pursuant to the Gas Act 1986.

Local authorities, or associations of local authorities, distributing heat pursuant to the Local Government (Miscellaneous
Provisions) Act 1976.

Electricity Boards distributing heat pursuant to the Electricity Act 1947.

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ANNEX IV

CONTRACTING ENTITIES IN THE SECTORS OF EXPLORATION FOR AND EXTRACTION OF OIL OR GAS

The entities granted an authorisation, permit, licence or concession to explore for or extract oil and gas pursuant to the
following legislative provisions:

BELGIUM

Loi du 1 mai 1939 complØtØe par l’arrŒtØ royal no 83 du 28 novembre 1939 sur l’exploration et l’exploitation du pØtrole
et du gaz.

ArrŒtØ royal du 15 novembre 1919.

ArrŒtØ royal du 7 avril 1953.

ArrŒtØ royal du 15 mars 1960 loi au sujet de la plate-forme continentale du 15 juin 1969.

ArrŒtØ de l’exØcutif rØgional wallon du 29 septembre 1982.

ArrŒtØ de l’exØcutif flamand du 30 mai 1984.

DENMARK

Lov nr. 293 af 10. juni om anvendelse af Danmarks undergrund.

Lov om kontinentalsoklen, jf. lovbekendtgłrelse nr. 182 af 1. maj 1979.

GERMANY

Bundesberggesetz vom 13. August 1980, as last amended on 12 February 1990.

GREECE

Law 87/1975 setting up DEP EKY (Peri idryseos Dimosias Epicheiriseos Petrelaioy).

SPAIN

Ley sobre Investigaci(cid:243)n y Explotaci(cid:243)n de Hidrocarburos de 27 de Junio de 1974 and its implementing decrees.

FRANCE

Code minier (dØcret 56-838 du 16 aoßt 1956), as amended by the loi 56-1186 du 10 dØcembre 1958, dØcret 60-800 du
2 aoßt 1960, dØcret 61-359 du 7 avril 1961, loi 70-1 du 2 janvier 1970, loi 77-620 du 16 juin 1977, dØcret 80-204 du
11 mars 1980.

IRELAND

Continental Shelf Act 1960.

Petroleum and Other Minerals Development Act 1960.

Ireland Exclusive Licensing Terms 1975.

Revised Licensing Terms 1987.

Petroleum (Production) Act (NI) 1964.

ITALY

Legge 10 febbraio 1953, n. 136.

Legge 11 gennaio 1957, n. 6, modificata dalla legge 21 luglio 1967, n. 613.

LUXEMBOURG

(cid:151)

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NETHERLANDS

Mijnwet nr. 285 van 21 april 1810.

Wet opsporing delfstoffen nr. 258 van 3 mei 1967.

Mijnwet continentaal plat 1965, nr. 428 van 23 september 1965.

AUSTRIA

Entities created pursuant to the Berggesetz 1975 (BGBl. Nr. 259/1975), as last amended by (BGBl. Nr. 193/1993).

PORTUGAL

Area above water:

Decreto-Lei n.o 543/74 de 16 de Outubro de 1974, n.o 168/77, de 23 de Abril de 1977, n.o 266/80 de 7 de Agosto de
1980, n.o 174/85 de 21 de Maio de 1985 and Despacho n.o 22 de 15 de Mar(cid:231)o de 1979.

Area under water:

Decreto-Lei n.o 47973 de 30 de Setembro de 1967, n.o 49369 de 11 de Novembro de 1969, n.o 97/71 de 24 de Mar(cid:231)o
de 1971, n.o 96/74 de 13 de Mar(cid:231)o de 1974, n.o 266/80 de 7 de Agosto de 1980, n.o 2/81 de 7 de Janeiro de 1981 and
n.o 245/82 de 22 de Junho de 1982.

FINLAND

(cid:151)

SWEDEN

Entities holding a concession for exploring for or exploiting oil or gas pursuant to minerallagen (1991:45) or which have
been granted an authorisation pursuant to lagen (1966:314) om kontinentalsockeln .

UNITED KINGDOM

Petroleum (Production) Act 1934, as extended by the Continental Shelf Act 1964.

Petroleum (Production) Act (Northern Ireland) 1964.

CONTRACTING ENTITIES IN THE SECTORS OF EXPLORATION FOR AND EXTRACTION OF COAL AND
OTHER SOLID FUELS

ANNEX V

BELGIUM

Entities exploring or extracting coal or other solid fuels pursuant to the and the arrŒtØ du RØgent du 22 aoßt 1948 and
loi du 22 avril 1980.

DENMARK

Entities exploring or extracting coal or other solid fuels pursuant to the lovbekendtgłrelse nr. 531 af 10. oktober 1984.

GERMANY

Entities exploring or extracting coal or other solid fuels pursuant to the Bundesberggesetz vom 13. August 1980, as last
amended on 12 February 1990.

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GREECE

Public Power Corporation Dimosia Epicheirisi Ilektrismoy, exploring for or extracting coal or other solid fuels pursuant
to the Mining Code of 1973, as amended by the law of 27 April 1976.

SPAIN

Entities exploring for or extracting coal or other solid fuels pursuant to Ley 22/1973, de 21 de julio, de Minas, as
amended by Ley 54/1980 de 5 de noviembre and by Real Decreto Legislativo 1303/1986 de 28 de junio.

FRANCE

Entities exploring for or extracting coal or other solid fuels pursuant to code minier (dØcret 58-863 du 16 aoßt 1956), as
amended by the loi 77-620 du 16 juin 1977, dØcret 80-204 and arrŒtØ du 11 mars 1980.

IRELAND

Bord na Mona

Entities exploring for or extracting coal pursuant to the Minerals Development Acts, 1940 to 1970.

ITALY

Carbo Sulcis SpA

LUXEMBOURG

(cid:151)

NETHERLANDS

(cid:151)

AUSTRIA

Entities exploring for or extracting coal or other solid fuels set up pursuant to the Berggesetz 1975 (BGBl. Nr. 259/1975,
as last amended by BGBl. Nr. 193/1993).

PORTUGAL

Empresa Carbon(cid:237)fera do Douro.

Empresa Nacional de Ur(cid:226)nio.

FINLAND

Entities benefiting from a concession for the exploration for or extraction of coal or other solid fuels and operating on
the basis of an exclusive right pursuant to Articles 1 and 2 of Laki oikeudesta luovuttaa valtion maaomaisuutta ja
tuloatuottavia oikeuksia (687/78).

SWEDEN

Entities benefiting from a concession for the exploration for or extraction of coal or other solid fuels on the basis of a
concession pursuant to minerallagen (1991:45) or lagen (1985:620) om vissa torvfyndigheter, or which have been
granted an authorisation pursuant to lagen (1966:314) om kontinentalsockeln Lagen (1966:314) om kontinentalsockeln.

UNITED KINGDOM

British Coal Board (BCB) set up pursuant to the Coal Industry Nationalisation Act 1946.

Entities benefiting from a licence granted by the BCB pursuant to the Coal Industry Nationalisation Act 1946.

Entities exploring for or extracting solid fuels pursuant to the Mineral Development Act (Northern Ireland) 1969.

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ANNEX VI

CONTRACTING ENTITIES IN THE FIELD OF RAIL SERVICES

BELGIUM

SociØtØ nationale des chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen.

DENMARK

Danske Statsbaner (DSB).

Entities operating/set up pursuant to lov nr. 295 af 6. juni 1984 om privatbanerne, jf. lov nr. 245 af 6. august 1977.

GERMANY

Deutsche Bundesbahn.

Other entities providing railway services to the public pursuant to § 2 Abs. 1 of Allgemeines Eisenbahngesetz vom 29.
M(cid:228)rz 1951.

GREECE

Organismos Sidirodromon Ellados (OSE).

SPAIN

Red Nacional de Los Ferrocarriles Espaæoles Ferrocarriles de V(cid:237)a Estrecha (FEVE).

Ferrocarriles de la Generalitat de Catalunya (FGC).

Eusko Trenbideak (Bilbao).

Ferrocarriles de la Generalitat Valenciana (FGV).

FRANCE

SociØtØ nationale des chemins de fer fran(cid:231)ais and other rail networks open to the public referred to in the loi
d’orientation des transports intØrieurs du 30 dØcembre 1982, titre II, chapitre 1er du transport ferroviaire.

IRELAND

Iarnrod (cid:201)ireann (Irish Rail).

ITALY

Ferrovie dello Stato.

Entities providing railway services on the basis of a concession pursuant to Article 10 of Regio Decreto n. 1447 of 9
May 1912 che approva il Testo unico delle disposizioni di legge per le ferrovie concesse dall’industria privata, le tramvie
a trazione meccanica e gli automobili.

Entities operating on the basis of a concession granted, pursuant to special laws, as referred to in Titolo XI, Capo II,
Sezione Ia del Regio Decreto 9 maggio 1912, n. 1447, che approva il Testo unico delle disposizioni di legge per le
ferrovie concesse all’industria privata, le tramvie a trazione meccanica e gli automobili.

Entities providing railway services to the public on the basis of a concession pursuant to Article 4 of Legge n. 410 (cid:151)
Concorso dello Stato per la reattivazione del pubblici servizi di trasporto in concessione of 14 June 1949.

Entities or local authorities providing railway services on the basis of a concession pursuant to Article 14 Legge n. 1221
(cid:151) Provvedimenti per l’esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione of 2
August 1952.

LUXEMBOURG

Chemins de fer luxembourgeois (CFL).

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NETHERLANDS

Nederlandse Spoorwegen NV.

AUSTRIA

Entities providing railway services set up pursuant to the Eisenbahngesetz 1957 (BGBl Nr. 60/1957).

PORTUGAL

Caminhos de Ferro Portugueses.

FINLAND

Valtionrautatiet/Statsj(cid:228)rnv(cid:228)garna (national railways).

SWEDEN

Public entities operating railway services in accordance with f(cid:246)rordningen (1988:1379) om statens sp(cid:229)ranl(cid:228)ggningar and
lagen (1990:1157) om j(cid:228)rnv(cid:228)gss(cid:228)kerhet.

Regional and local public entities operating regional or local railway communications pursuant to lagen (1978:438) om
huvudmannaskap f(cid:246)r viss kollektiv persontrafik.

Private entities operating railway services pursuant to an authorisation granted under f(cid:246)rordningen (1988:1379) om
statens sp(cid:229)ranl(cid:228)ggningar, where such permission complies with Article 2(3) of the Directive.

UNITED KINGDOM

British Railways Board.

Northern Ireland Railways.

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CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS
SERVICES

ANNEX VII

BELGIUM

SociØtØ nationale des chemins de fer vicinaux (SNCV)/Nationale Maatschappij van Buurtspoorwegen (NMB).

Entities providing transport services to the public on the basis of a contract granted by SNCV pursuant to Articles 16
and 21 of the arrŒtØ du 30 dØcembre 1946 relatif aux transports rØmunØrØs de voyageurs par route effectuØs par autobus
et par autocars.

SociØtØ des transports intercommunaux de Bruxelles (STIB).

Maatschappij van het Intercommunaal Vervoer te Antwerpen (MIVA).

Maatschappij van het Intercommunaal Vervoer te Gent (MIVG).

SociØtØ des transports intercommunaux de Charleroi (STIC).

SociØtØ des transports intercommunaux de la rØgion liØgeoise (STIL).

SociØtØ des transports intercommunaux de l’agglomØration verviØtoise (STIAV) and other entities set up pursuant to the
Loi relative (cid:224) la crØation de sociØtØs de transports en commun urbains/Wet betreffende de oprichting van maatschap-
pijen voor stedelijk gemeenschappelijk vervoer of 22 February 1962.

Entities providing transport services to the public on the basis of a contract with STIB pursuant to Article 10 or with
other transport entities pursuant to Article 11 of the arrŒtØ royal 140 du 30 dØcembre 1982 relatif aux mesures
d’assainissement applicables (cid:224) certains organismes d’intØrŒt public dØpendant du ministŁre des communications.

DENMARK

Danske Statsbaner (DSB).

Entities providing bus services to the public (almindelig rutekłrsel) on the basis of an authorisation pursuant to lov nr.
115 af 29. marts om buskłrsel.

GERMANY

Entities providing, on the basis of an authorisation, short-distance transport services to the public ((cid:214)ffentlicher Per-
sonennahverkehr) pursuant to the Personenbef(cid:246)rderungsgesetz vom 21. M(cid:228)rz 1961, as last amended on 25 July 1989.

GREECE

Ilektrokinita Leoforeia Periochis Athinon-Peiraios (Electric buses of the Athens-Piraeus area) operating pursuant to
Decree 768/1970 and Law 588/1977.

Ilektrikoi Sidirodromoi Athinon-Peiraios (Athens-Piraeus electric railways) operating pursuant to Laws 352/1976 and
588/1977.

Epicheirisi Astikon Sygkoinonion (urban transport undertaking) operating pursuant to Law 588/1977.

Koino Tameio Eisprazeos Leoforeion (Joint bus receipts fund) operating pursuant to Decree 102/1973.

RODA (Dimotiky Epicheirisi Leoforeion Rodoy) Roda: Municipal bus undertaking in Rhodes.

Organismos Astikon Sygkoinonion Thessalonikis (Urban transport organisation of Thessaloniki) operating pursuant to
Decree 3721/1957 and Law 716/1980.

SPAIN

Entities providing transport services to the public pursuant to Article 71 of the Ley de RØgimen local Corporaci(cid:243)n
metropolitana de Madrid).

Corporaci(cid:243)n metropolitana de Barcelona.

Entities providing bus services to the public, pursuant to Article 71 of the Ley de Ordinaci(cid:243)n de Transportes Terrestres
de 31 de julio de 1987.

Entities providing urban or inter-urban bus services to the public pursuant to Articles 113 to 118 of the Ley de
Ordenaci(cid:243)n de Transportes Terrestres de 31 de julio de 1987.

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FEVE, RENFE (or Empresa Nacional de Transportes de Viajeros por Carretera) providing bus services to the public
pursuant to the Disposiciones adicionales, Primera, de la Ley de Ordenaci(cid:243)n de Transportes Terrestres of 31 July 1957.

Entities providing bus services to the public pursuant to Disposiciones Transitorias, Tercera, de la Ley de Ordenaci(cid:243)n de
Transportes Terrestres of 31 July 1957.

FRANCE

Entities providing transport services to the public pursuant to Article 7-II of the loi no 82/1153 du 30 dØcembre 1982
(transports intØrieurs, orientation).

RØgie autonome des transports parisiens, SociØtØ nationale des chemins de fer fran(cid:231)ais, APTR, and other entities
providing transport services to the public on the basis of an authorisation granted by the Syndicat des transports
parisiens, pursuant to the Ordonnance de 1959 et ses dØcrets d’application relatifs (cid:224) l’organisation des transports de
voyageurs dans la rØgion parisienne.

IRELAND

Iarnrod (cid:201)ireann (Irish Rail).

Bus (cid:201)ireann (Irish Bus).

Bus `tha Cliath (Dublin Bus).

Entities providing transport services to the public pursuant to the amended Road Transport Act 1932.

ITALY

Entities providing transport services on the basis of a concession pursuant to Article 1 of Legge n. 1822 (cid:151) Disciplina
degli autoservizi di
in regime di concessione all’industria
privata) of 28 September 1939, as amended by Article 45 of Decreto del Presidente della Repubblica n. 771 of 28
June 1955.

linea (autolinee per viaggiatori, bagagli e pacchi agricoli

Entities providing transport services to the public pursuant to Article 1(15) of Regio Decreto n. 2578 (cid:151) Approvazione
del Testo unico della legge sull’assunzione diretta dei pubblici servizi da parte dei comuni e delle province of 15 October
1925.

Entities operating on the basis of a concession pursuant to Article 242 or 255 of Regio Decreto 9 maggio 1912, n. 1447,
che approva il Testo unico delle disposizioni di legge per le ferrovie concesse all’industria privata, le tramvie a trazione
meccanica e gli automobili.

Entities or local authorities operating on the basis of a concession pursuant to Article 4 of Legge 14 giugno 1949, n.
410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.

Entities operating on the basis of a concession pursuant to Article 14 of Legge n. 1221 (cid:151) Provvedimenti per l’esercizio
ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione of 2 August 1952.

LUXEMBOURG

Chemins de fer du Luxembourg (CFL).

Service communal des autobus municipaux de la ville de Luxembourg.

Transports intercommunaux du canton d’Esch-sur-Alzette (TICE).

Bus service undertakings operating pursuant to the rŁglement grand-ducal du 3 fØvrier 1978 concernant les conditions
d’octroi des autorisations d’Øtablissement et d’exploitation des services de transports routiers rØguliers de personnes
rØmunØrØes.

NETHERLANDS

Entities providing transport services pursuant to the public pursuant to Chapter II (Openbaar vervoer) of the Wet
Personenvervoer van 12 maart 1987.

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AUSTRIA

Entities providing transport services pursuant to the Eisenbahngesetz 1957 (BGBl. Nr. 60/1957) and the Kraftfahr-
liniengesetz 1952 (BGBl. Nr. 84/1952).

PORTUGAL

RodoviÆria Nacional, EP.

Companhia Carris de ferro de Lisboa.

Metropolitano de Lisboa, EP.

Servi(cid:231)os de Transportes Colectivos do Porto.

Servi(cid:231)os Municipalizados de Transporte do Barreiro.

Servi(cid:231)os Municipalizados de Transporte de Aveiro.

Servi(cid:231)os Municipalizados de Transporte de Braga.

Servi(cid:231)os Municipalizados de Transporte de Coimbra.

Servi(cid:231)os Municipalizados de Transporte de Portalegre.

FINLAND

Public or private entities operating bus services pursuant to Laki (343/91) luvanvaraisesta henkil(cid:246)liikenteest(cid:228) tiell(cid:228) and
Helsingin kaupungin liikennelaitos/Helsingfors stads trafikverk (Helsinki Transport Board), which provides underground
railway and tramway services to the public.

SWEDEN

Entities operating urban railway or tramway services pursuant to lagen (1978:438) om huvudmannaskap f(cid:246)r viss
kollektiv persontrafik und Lagen (1990:1157) om j(cid:228)rnv(cid:228)gss(cid:228)kerhet.

Public or private entities operating a trolley bus or bus service pursuant with lagen (1978:438) om huvudmannaskap f(cid:246)r
viss kollektiv persontrafik and lagen (1983:293) om yrkestrafik.

UNITED KINGDOM

Entities providing bus services to the public pursuant to the London Regional Transport Act 1984.

Glasgow Underground.

Greater Manchester Rapid Transit Company.

Docklands Light Railway.

London Underground Ltd.

British Railways Board.

Tyne and Wear Metro.

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CONTRACTING ENTITIES IN THE FIELD OF AIRPORT INSTALLATIONS

ANNEX VIII

BELGIUM

RØgie des voies aØriennes, set up pursuant to the ArrŒtØ-loi du portant crØation de la rØgie des voies aØriennes of 20
November 1946, as amended by ArrŒtØ royal portant refonte du statut de la rØgie des voies aØriennes of 5 October
1970.

DENMARK

Airports operating on the basis of an authorisation pursuant to § 55, stk. 1, i lov om luftfart, jf. lovbekendtgłrelse nr.
408 af 11. september 1985 .

GERMANY

Airports as defined in Article 38 Absatz 2 Nr. 1 of the Luftverkehrszulassungsordnung vom 19. M(cid:228)rz 1979, as last
amended by the Verordnung vom 21. Juli 1986.

GREECE

Airports operating pursuant to Law 517/1931 setting up the civil aviation service (Ypiresia Politikis Aeroporias (YPA)).

International airports operating pursuant to Presidential Decree 647/981.

SPAIN

Airports managed by Aeropuertos Nacionales operating pursuant to the Real Decreto 278/1982 de 15 de octubre de
1982.

FRANCE

AØroports de Paris operating pursuant to titre V, articles L 251-1 (cid:224) 252-1 du code de l’aviation civile.

AØroport de B(cid:226)le/Mulhouse, set up pursuant to the convention franco-suisse du 4 juillet 1949.

Airports as defined in Article L 270-1 of the Code de l’aviation civile.

Airports operating pursuant to the cahier de charges type d’une concession d’aØroport, dØcret du 6 mai 1955.

Airports operating on the basis of a convention d’exploitation pursuant to Article L 221 of the code de l’aviation civile.

IRELAND

Airports of Dublin, Cork and Shannon managed by Aer Rianta-Irish Airports.

Airports operating on the basis of a public use licence granted pursuant to the Air Navigation and Transport Act No
40/1936, the Transport Fuel and Power (Transfer of Departmental Administration Functions) Order 1959 (SI No 125 of
1959) and the Air Navigation (Aerodromes and Visual Ground Aids) Order 1970 (SI No 291 of 1970).

ITALY

Civilian national airports (aerodromi civili istituiti dallo Stato) operating pursuant to Article 692 of the Codice della
navigazione, Regio Decreto n. 327 of 30 March 1942.

Entities operating airport facilities on the basis of a concession granted pursuant to Article 694 of the Codice della
navigazione, Regio Decreto 30 marzo 1942, n. 327.

LUXEMBOURG

AØroport de Findel.

NETHERLANDS

Airports operating pursuant to Articles 18 et seq. of the Luchtvaartwet of 15 January 1958 (stbld. 47), as amended on 7
June 1978.

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AUSTRIA

Austro Control GmbH.

Entities as defined in Articles 60 to 80 of the Luftfahrtgesetz 1957 (BGBl. Nr. 253/1957).

PORTUGAL

Airports managed by Aeroportos e Navega(cid:231)ªo AØrea (ANA) EP pursuant to Decreto-Lei n.o 246/79.

Aeroporto do Funchal and Aeroporto de Porto Santo, regionalised pursuant to Decreto-Lei n.o 284/81.

FINLAND

Airports managed by (cid:145)Ilmailulaitos/Luftfartsverket(cid:146) pursuant to Ilmailulaitos/ (595/64).

SWEDEN

Publicly-owned and operated airports in accordance with lagen (1957:297) om luftfart.

Privately-owned and operated airports with an operating licence under the act, where this licence corresponds to the
criteria of Article 2(3) of the Directive.

UNITED KINGDOM

Airports managed by British Airports Authority plc.

Airports which are public limited companies and operating pursuant to the Airports Act 1986.

CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER TERMINAL
FACILITIES

ANNEX IX

BELGIUM

SociØtØ anonyme du canal et des installations maritimes de Bruxelles.

Port autonome de LiŁge.

Port autonome de Namur.

Port autonome de Charleroi.

Port de la ville de Gand.

Compagnie des installations maritimes de Bruges (cid:151) Maatschappij der Brugse haveninrichtingen.

SociØtØ intercommunale de la rive gauche de l’Escaut (cid:151) Intercommunale maatschappij van de linker Scheldeoever (Port
d’`nvers).

Port de Nieuwport.

Port d’Ostende.

DENMARK

Ports as defined in Article 1, I to III of the bekendtgłrelse nr. 604 af 16. december 1985 om hvilke havne der er
omfattet af lov om trafikhavne, jf. lov nr. 239 af 12. maj 1976 om trafikhavne.

GERMANY

Seaports owned totally or partially by territorial authorities (L(cid:228)nder, Kreise, Gemeinden).

Inland ports subject to the Hafenordnung pursuant to the Wassergesetze der L(cid:228)nder.

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GREECE

Piraeus port (Organismos Limenos Peiraios), set up pursuant to Emergency Law 1559/1950 and Law 1630/1951.

Thessaloniki port (Organismos Limenos Thessalonikis), set up pursuant to decree N.A. 2251/1953.

Other ports governed by Presidential Decree 649/1977 (cid:151) ¯(cid:240)(cid:239)(cid:240)(cid:244)(cid:229)ØÆ, (cid:239)æªÆ(cid:237)(cid:239)(cid:243)Ø º(cid:229)Ø(cid:244)(cid:239)ıæªØÆ(cid:243) ŒÆØ (cid:228)Ø(cid:239)ØŒØ(cid:244)ØŒ(cid:239)(cid:243) (cid:229)º(cid:229)(cid:237)ł(cid:231)(cid:239)(cid:243) ºØ(cid:236)(cid:229)(cid:237)(cid:239)(cid:237)
(supervision, organisation of functioning and administrative control of ports).

SPAIN

Puerto de Huelva, set up pursuant to the Decreto de 2 de octubre de 1969, no 2380/69. Puertos y Faros. Otorga
RØgimen de Estatuto de Autonom(cid:237)a al Puerto de Huelva.

Puerto de Barcelona, set up pursuant to the Decreto de 25 de agosto de 1978, no 2407/78, Puertos y Faros. Otorga al de
Barcelona RØgimen de Estatuto de Autonom(cid:237)a.

Puerto de Bilbao, set up pursuant to the Decreto 25 de agosto de 1978, no 2408/78. Puertos y Faros. Otorga al de Bilbao
RØgimen de Estatuto de Autonom(cid:237)a.

Puerto de Valencia, set up pursuant to the Decreto 25 de agosto de 1978, no 2409/78. Puertos y Faros. Otorga al de
Valencia RØgimen de Estatuto de Autonom(cid:237)a.

Juntas de Puertos, operating pursuant to the Ley 27/68 de 20 de junio de 1968. Puertos y Faros. Juntas de Puertos y
Estatutes de Autonom(cid:237)a en Decreto de 9 de abril de 1970, no 1350/70. Juntas de Puertos. Ports managed by the
Comisi(cid:243)n Administrativa de Grupos de Puertos, operating pursuant to the Ley 27/68 de 20 de junio de 1968, Decreto
1958/78 de 23 de junio de 1978 and Decreto 571/81 de 6 de mayo de 1981.

Ports listed in the Real Decreto 989/82 de 14 de mayo de 1982. Puertos. Clasificaci(cid:243)n de los de interØs general.

FRANCE

Port autonome de Paris, set up pursuant to Loi 68/917 du 24 octobre 1968 relative au port autonome de Paris.

Port autonome de Strasbourg, set up pursuant to the convention du 20 mai 1923 entre l’(cid:201)tat et la ville de Strasbourg
relative (cid:224) la construction du port rhØnan de Strasbourg et (cid:224) l’exØcution de travaux d’extension de ce port, approved by
the loi du 26 avril 1924.

Other inland waterway ports set up or managed pursuant to Article 6 (navigation intØrieure) of DØcret 69/140 relatif
aux concessions d’outillage public dans les ports maritimes of 6 February 1969.

Ports autonomes operating pursuant to Articles L 111-1 et seq. of the code des ports maritimes.

Ports non autonomes operating pursuant to Articles R 121-1 et seq. of the code des ports maritimes.

Ports managed by regional authroities (dØpartements) or operating pursuant to a concession granted by the regional
authorities (dØpartements) pursuant to Article 6 of the loi 86/663 du 22 juillet 1983 complØtant la loi 83/8 du 7 janvier
1983 relative (cid:224) la rØpartition de compØtences entre les communes, dØpartements et l’(cid:201)tat.

IRELAND

Ports operating pursuant to the Harbour Acts 1946 to 1976.

Port of Dun Laoghaire operating pursuant to the State Harbours Act 1924.

Port of Rosslare Harbour operating pursuant to the Finguard and Rosslare Railways and Harbours Act 1899.

ITALY

National ports and other ports managed by the Capitaneria di Porto pursuant to the Codice della navigazione, Regio
Decreto 30 marzo 1942, n. 32.

Autonomous ports (enti portuali) set up by special laws pursuant to Article 19 of the Codice della navigazione, Regio
Decreto 30 marzo 1942, n. 327.

LUXEMBOURG

Port de Mertert, set up and operating pursuant to the loi du 22 juillet 1963 relative (cid:224) l’amØnagement et (cid:224) l’exploitation
d’un port fluvial sur la Moselle.

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NETHERLANDS

Havenbedrijven, set up and operating pursuant to the Gemeentewet van 29 juni 1851.

Havenschap Vlissingen, set up by the wet van 10 september 1970 houdende een gemeenschappelijke regeling tot
oprichting van het Havenschap Vlissingen.

Havenschap Terneuzen, set up by the wet van 8 april 1970 houdende een gemeenschappelijke regeling tot oprichting
van het Havenschap Terneuzen.

Havenschap Delfzijl, set up by the wet van 31 juli 1957 houdende een gemeenschappelijke regeling tot oprichting van
het Havenschap Delfzijl.

Industrie- en havenschap Moerdijk, set up by the gemeenschappelijke regeling tot oprichting van het Industrie- en
havenschap Moerdijk van 23 oktober 1970, approved by Koninklijk Besluit nr. 23 van 4 maart 1972.

AUSTRIA

Inland ports owned totally or partially by the L(cid:228)nder and/or Gemeinden.

PORTUGAL

Porto de Lisboa, set up pursuant to the Decreto Real of 18 February 1907 and operating pursuant to Decreto-Lei n.o
36976 de 20 de Julho de 1948.

Porto do Douro e Leixıes, set up pursuant to Decreto-Lei n.o 36977 de 20 de Julho de 1948.

Porto de Sines, set up pursuant to Decreto-Lei n.o 508/77 de 14 de Dezembro de 1977.

Portos de Setœbal, Aveiro, F(cid:237)gueira da Foz, Viana do Castelo, Portimao e Faro, operating pursuant to the Decreto-Lei n.o
37754 de 18 de Fevereiro de 1950.

FINLAND

Ports operating pursuant to the Laki kunnallisista satamaj(cid:228)rjestyksist(cid:228) ja liikennemaksuista (955/76).

Saimaan Canal (Saimaan kanavan hoitokunta).

SWEDEN

Ports and terminal facilities according to lagen (1983:293) om inr(cid:228)ttande, utvidgning och avlysning av allm(cid:228)n farled och
allm(cid:228)n hamn and the f(cid:246)rordningen (1983:744) om trafiken p(cid:229) G(cid:246)ta kanal.

UNITED KINGDOM

Harbour Authorities within the meaning of Section 57 of the Harbours Act 1964 providing port facilities to carriers by
sea or inland waterway.

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ANNEX X

LIST OF LEGISLATION REFERRED TO IN ARTICLE 29(3)

A. PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

(cid:151)

B. PRODUCTION, TRANSMISSION OR DISTRIBUTION OF ELECTRICITY

Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules
for the internal market in electricity (1)

C. TRANSPORT OR DISTRIBUTION OF GAS OR HEAT

Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for
the internal market in natural gas (2)

D. EXPLORATION FOR AND EXTRACTION OF OIL OR GAS

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting
and using authorisations for the prospection, exploration and production of hydrocarbons (3)

E. EXPLORATION FOR AND EXTRACTION OF COAL OR OTHER SOLID FUELS

(cid:151)

F. CONTRACTING ENTITIES IN THE FIELD OF RAIL SERVICES

(cid:151)

G. CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR MOTOR BUS

SERVICES

(cid:151)

H. CONTRACTING ENTITIES IN THE FIELD OF AIRPORT INSTALLATIONS

(cid:151)

I. CONTRACTING ENTITIES IN THE FIELD OF SEAPORT OR INLAND PORT OR OTHER TERMINAL EQUIPMENT

(cid:151)

(1) OJ L 27, 30.1.1997, p. 20.
(2) OJ L 204, 21.7.1998, p. 1.
(3) OJ L 164, 30.6.1994, p. 3.

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LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN ARTICLE 1(2), POINT B

ANNEX XI

NACE (1)

SECTION F (cid:151) CONSTRUCTION

Division

Group

Class

Description

Notes

45

Construction

This division includes:

(cid:151) new construction, restoration and ordinary repair

45.1

Site preparation

45.11

Demolition
buildings; earth moving

and wrecking

of

This class includes:

(cid:151) demolition or wrecking of buildings and other

CPV Code

45000000

45100000

45110000

structures

(cid:151) clearing of building sites

(cid:151) earth moving: excavation,

grading of construction sites,
rock removal, blasting, etc.

landfill,

levelling and
trench digging,

(cid:151) site preparation for mining: overburden removal
and preparation of

and other development
mineral properties and sites

This class also includes:

(cid:151) building site drainage

(cid:151) drainage of agricultural or forestry land

45.12

Test drilling and boring

This class includes:

45120000

(cid:151) test drilling, test boring and core sampling for
construction, geophysical, geological or similar
purposes

This class excludes:

(cid:151) drilling of production oil or gas wells, see 11.20

(cid:151) water well drilling, see 45.25

(cid:151) shaft sinking, see 45.25

(cid:151) oil

and

gas

field

exploration,

geophysical,

geological and seismic surveying, see 74.20

45.2

Building of complete constructions
or parts thereof; civil engineering

45.21

General construction of buildings
and civil engineering works

45200000

45210000

This class includes:

(cid:151) construction of all types of buildings

(cid:151) construction of civil engineering constructions:
including those for elevated highways,

bridges,
viaducts, tunnels and subways

(cid:151) long-distance

pipelines,

and
power lines urban pipelines, urban communi-
cation and powerlines; ancillary urban works

communication

(1) Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European
Community (OJ L 293, 24.10.1990, p. 1), as amended by Commission Regulation (EEC) No 761/93 of 24 March 1993 (OJ L 83,
3.3.1993, p. 1).

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Division

Group

Class

Description

Notes

CPV Code

(cid:151) assembly

and

erection

of

prefabricated

constructions on the site

This class excludes:

(cid:151) service

activities

incidental

to oil

and gas

extraction, see 11.20

(cid:151) erection of complete prefabricated constructions
from self-manufactured parts not of concrete, see
divisions 20, 26 and 28

(cid:151) construction work, other

for
stadiums, swimming pools, gymnasiums, tennis
courts, golf courses and other sports installations,
see 45.23

than buildings,

(cid:151) building installation, see 45.3

(cid:151) building completion, see 45.4

(cid:151) architectural and engineering activities, see 74.20

(cid:151) project management for construction, see 74.20

45.22

Erection of
frame

roof

covering and

This class includes:

45220000

(cid:151) erection of roofs

(cid:151) roof covering

(cid:151) waterproofing

45.23

Construction of highways, roads,
airfields and sports facilities

This class includes:

45230000

(cid:151) construction of highways, streets, roads, other

vehicular and pedestrian ways

(cid:151) construction of railways

(cid:151) construction of airfield runways

(cid:151) construction work, other

for
stadiums, swimming pools, gymnasiums, tennis
courts, golf courses and other sports installations

than buildings,

(cid:151) painting of markings on road surfaces and car

parks

This class excludes:

(cid:151) preliminary earth moving, see 45.11

45.24

Construction of water projects

This class includes:

45240000

(cid:151) construction of:

45.25

Other construction work involving
special trades

(cid:151) waterways,

harbour
pleasure ports (marinas), locks, etc.

and

river works,

(cid:151) dams and dykes

(cid:151) dredging

(cid:151) subsurface work

This class includes:

45250000

(cid:151) construction activities specialising in one aspect
structures,

common
different
requiring specialised skill or equipment:

kinds

to

of

(cid:151) construction of

foundations,

including pile

driving

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Division

Group

Class

Description

Notes

CPV Code

(cid:151) water well drilling and construction, shaft

sinking

(cid:151) erection
elements

of

non-self-manufactured

steel

(cid:151) steel bending

(cid:151) bricklaying and stone setting

(cid:151) scaffolds and work platform erecting and
including renting of scaffolds

dismantling,
and work platforms

(cid:151) erection of chimneys and industrial ovens

This class excludes:

(cid:151) renting

of
dismantling, see 71.32

scaffolds without

erection and

45.3

Building installation

45.31

Installation of electrical wiring and
fittings

This class includes:

(cid:151) installation in buildings or other construction

projects of:

45300000

45310000

(cid:151) electrical wiring and fittings

(cid:151) telecommunications systems

(cid:151) electrical heating systems

(cid:151) residential antennas and aerials

(cid:151) fire alarms

(cid:151) burglar alarm systems

(cid:151) lifts and escalators

(cid:151) lightning conductors, etc.

45.32

Insulation work activities

This class includes:

45320000

(cid:151) installation in buildings or other construction
projects of thermal, sound or vibration insulation

This class excludes:

(cid:151) waterproofing, (see 45.22)

45.33

Plumbing

This class includes:

45330000

(cid:151) installation in buildings or other construction

projects of:

(cid:151) plumbing and sanitary equipment

(cid:151) gas fittings

(cid:151) heating,

refrigeration
air-conditioning equipment and ducts

ventilation,

or

(cid:151) sprinkler systems

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Division

Group

Class

Description

Notes

CPV Code

This class excludes:

(cid:151) installation of electrical heating systems,

see

45.31

45.34

Other building installation

This class includes:

45340000

(cid:151) installation of illumination and signalling systems

for roads, railways, airports and harbours

(cid:151) installation in buildings or other construction

projects of fittings and fixtures n.e.c.

45.4

Building completion

45.41

Plastering

This class includes:

45400000

45410000

(cid:151) application in buildings or other construction
interior and exterior plaster or

projects of
stucco, including related lathing materials

45.42

Joinery installation

This class includes:

45420000

self-manufactured doors,
(cid:151) installation of not
windows, door
fitted
kitchens, staircases, shop fittings and the like, of
wood or other materials

and window frames,

(cid:151) interior completion such as ceilings, wooden wall

coverings, movable partitions, etc.

This class excludes:

(cid:151) laying of parquet
coverings, see 45.43

and other wood

floor

45.43

Floor and wall covering

This class includes:

45430000

(cid:151) laying, tiling, hanging or fitting in buildings or

other construction projects of:

(cid:151) ceramic, concrete or cut stone wall or floor tiles

(cid:151) parquet and other wood floor coverings

(cid:151) carpets and linoleum floor coverings,

including

of rubber or plastic

(cid:151) terrazzo, marble, granite or slate floor or wall

coverings

(cid:151) wallpaper

45.44

Painting and glazing

This class includes:

45440000

(cid:151) interior and exterior painting of buildings

(cid:151) painting of civil engineering structures

(cid:151) installation of glass, mirrors, etc.

This class excludes:

(cid:151) installation of windows, see 45.42

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Division

Group

Class

Description

Notes

CPV Code

45.45

Other building completion

This class includes:

45450000

(cid:151) installation of private swimming pools

(cid:151) steam cleaning,

sand

blasting

and

similar

activities for building exteriors

(cid:151) other building completion and finishing work

n.e.c.

This class excludes:

(cid:151) interior

cleaning

of

buildings

and

other

structures, see 74.70

45.5

Renting of construction or demo-
lition equipment with operator

45500000

45.50

Renting of construction or demo-
lition equipment with operator

This class excludes:

(cid:151) renting of construction or demolition machinery
and equipment without operators, see 71.32

ANNEX XII

INFORMATION TO BE INCLUDED IN CONTRACT NOTICES

A. OPEN PROCEDURES

1. Name, address, telegraphic address, electronic address, telephone number, telex and fax number of the contracting

entity.

2. Nature of the contract (supply, works or service, where appropriate, state if it is a framework agreement).

Category of service within the meaning of Annex XVI A or XVI B and description (CPC classification).

Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combi-
nation of these.

3. Place of delivery, site or place of performance of service.

4. For supplies and works:

(a) Nature and quantity of the goods to be supplied, including any options for further procurement and, if possible,
an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if
possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the
nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all the goods required.

If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different
lots and the possibility of tendering for one, for several or for all the lots.

(c) For works contracts: information concerning the purpose of the work or the contract where the latter also

involves the drawing-up of projects.

5. For services:

(a) The nature and quantity of the goods to be supplied, including any options for further procurement and, if
possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also,
if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured.

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(b) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a

particular profession.

(c) Reference of the law, regulation or administrative provision.

(d) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be

responsible for the execution of the service.

(e) Indication of whether service providers can tender for a part of the services concerned.

6. Authorisation to submit variants.

7. Time limits for delivery or completion or duration of service contracts and, as far as possible, the starting date.

8. (a) Address from which the contract documents and additional documents may be requested.

(b) Where appropriate, the amount and terms of payment of the sum to be paid to obtain such documents.

9. (a) Final date for receipt of tenders.

(b) Address to which they must be sent.

(c) Language or languages in which they must be drawn up.

10. (a) Where applicable, the persons authorised to be present at the opening of tenders.

(b) Date, time and place of such opening.

11. Where applicable, any deposits and guarantees required.

12. Main terms concerning financing and payment and/or references to the provisions in which these are contained.

13. Where appropriate, the legal form to be taken by the grouping of economic operators to whom the contract is

awarded.

14. Minimum economic and technical conditions required of the economic operator to whom the contract is awarded.

15. Period during which the tenderer is bound to keep open his tender.

16. Where appropriate, particular conditions to which performance of the contract is subject.

17. Criteria for award of the contract. Criteria other than that of the lowest price shall be mentioned, together with

their relative weighting, where they do not appear in the contract documents.

18. Other information.

19. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the

European Communities to which the contract refers.

20. Date of dispatch of the notice by the contracting entity.

21. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by

that Office).

B. RESTRICTED PROCEDURES

1. Name, address, telegraphic address, electronic address, telephone number, telex and fax number of the contracting

entity.

2. Nature of the contract (supplies, works or services; where appropriate, state if it is a framework agreement).

Category of service within the meaning of Annex XVI A or XVI B and description (CPC classification).

Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combi-
nation of these.

3. Place of delivery, site or place of performance of service.

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4. For supplies and works:

(a) The nature and quantity of the goods to be supplied, including any options for further procurement and, if
possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also,
if possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the
nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all the goods required.

If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different
lots and the possibility of tendering for one, for several or for all the lots.

(c) Information concerning the purpose of the work or the contract where the latter also involves the drawing-up

of projects.

5. For services:

(a) The nature and quantity of the goods to be supplied, including any options for further procurement and, if
possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also,
if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured.

(b) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a

particular profession.

(c) Reference of the law, regulation or administrative provision.

(d) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be

responsible for the execution of the service.

(e) Indication of whether service providers can tender for a part of the services concerned.

6. Authorisation to submit variants.

7. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.

8. Where appropriate, the legal form to be taken by the grouping of economic operators to whom the contract is

awarded.

9. (a) Final date for receipt of requests to participate.

(b) Address to which they must be sent.

(c) Language or languages in which they must be drawn up.

10. Final date for dispatch of invitations to tender.

11. Where applicable, any deposits and guarantees required.

12. Main terms concerning financing and payment and/or references to the provisions in which these are contained.

13. Information concerning the economic operator’s position and the minimum economic and technical conditions

required of him.

14. Criteria for the award of the contract. Subject to Article 54(3), second indent, criteria other than the lowest price

shall be mentioned as well as their relative weighting.

15. Other information.

16. Where appropriate, particular conditions to which performance of the contract is subject.

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17. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the

European Communities to which the contract refers.

18. Date of dispatch of the notice by the contracting entities.

19. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by

that Office).

C. NEGOTIATED PROCEDURES

1. Name, address, telegraphic address, electronic address, telephone number, telex and fax number of the contracting

entity.

2. Nature of the contract (supplies, works or services; where appropriate, state if it is a framework agreement).

Category of service within the meaning of Annex XVI A or XVI B and description (CPV classification).

Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combi-
nation of these.

3. Place of delivery, site or place of performance of service.

4. For supplies and works:

(a) The nature and quantity of the goods to be supplied, including any options for further procurement and, if
possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also,
if possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the
nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all the goods required.

If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different
lots and the possibility of tendering for one, for several or for all the lots.

(c) For works contracts: information concerning the purpose of the work or the contract where the latter also

involves the drawing-up of projects.

5. For services:

(a) The nature and quantity of the goods to be supplied, including any options for further procurement and, if
possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also,
if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured.

(b) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a

particular profession.

(c) Reference of the law, regulation or administrative provision.

(d) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be

responsible for the execution of the service.

(e) Indication of whether service providers can tender for a part of the services concerned.

6. Authorisation to submit variants.

7. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.

8. Where appropriate, the legal form to be taken by the grouping of economic operators to whom the contract is

awarded.

9. (a) Final date for receipt of requests to participate.

(b) Address to which they must be sent.

(c) Language or languages in which they must be drawn up.

10. Where appropriate, any deposits and guarantees required.

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11. Main terms concerning financing and payment and/or references to the provisions in which these are contained.

12. Information concerning the economic operator’s position and the minimum economic and technical conditions

required of him.

13. Criteria for the award of the contract. Subject to Article 54(3), second indent, criteria other than the lowest price

shall be mentioned as well as their relative weighting.

14. Where appropriate, the names and addresses of the economic operators already selected by the contracting entity.

15. Where applicable, date(s) of previous publications in the Official Journal of the European Communities.

16. Where appropriate, particular conditions to which performance of the contract is subject.

17. Other information.

18. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the

European Communities to which the contract refers.

19. Date of dispatch of the notice by the contracting entity.

20. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by

that Office).

ANNEX XIII

INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A SYSTEM OF QUALIFICATION

1. Name, address, telegraphic address, electronic address, telephone number, telex and fax number of the contracting

entity.

2. Purpose of the qualification system (description of the goods, services or works or categories thereof to be procured

through the system).

3. Conditions to be fulfilled by the economic operators in view of their qualification pursuant to the system and the
methods according to which each of those conditions will be verified. Where the description of such conditions and
verification methods is voluminous and based on documents available to interested economic operators, a summary
of the main conditions and methods and a reference to those documents shall be sufficient.

4. Period of validity of the qualification system and the formalities for its renewal.

5. Reference to the fact that the notice acts as the call for competition.

6. Address where further information and documentation concerning the qualification system can be obtained (if

different from the address mentioned under 1).

7. Any other relevant information.

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ANNEX XIV

INFORMATION TO BE INCLUDED IN THE PERIODIC NOTICE

I. Headings to be completed in any case

1. Name, address,

telegraphic address, electronic address,

telephone number,

telex and fax number of

the

contracting entity or the service from which additional information may be obtained.

2. (a) For supply contracts: nature and quantity or value of the services or products to be supplied.

(b) For works contracts: nature and extent of the services to be provided, the general characteristics of the work

or of the lots by reference to the work.

(c) For service contracts: intended total procurement in each of the service categories listed in Annex XVI A.

3. Date of dispatch of the notice by the contracting entity.

4. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied

by that Office).

5. Any other relevant information.

II. Information which must be supplied where the Notice is used as a means of calling for competition or

permits shortening of the deadlines for the receipt of candidatures or tenders

6. A reference to the fact that interested suppliers must advise the entity of their interest in the contract or

contracts.

7. Deadline for the receipt of applications for an invitation to tender.

8. Nature and quantity of the goods to be supplied or general nature of the work or category of service within the
meaning of Annex XVI A and description (CPV nomenclature), stating if framework agreement(s) are envisaged,
including any options for further procurement and an estimate of the timing when such options may be
exercised.
In the case of recurring contracts, also, an estimate of the timing of the subsequent calls for
competition.

9. State whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.

10. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.

11. Address to which interested undertakings should send their expressions of interest in writing.

Final date for receipt of expressions of interest.

Language or languages authorised for the presentation of candidatures or tenders.

12. Economic and technical conditions, and financial and technical guarantees required of suppliers.

13. (a) Estimated date for initiating the award procedures in respect of the contract or contracts (if known).

(b) Type of award procedure (restricted or negotiated).

(c) The amount of and payment details for any sum to be paid to obtain documents concerning the consultation.

14. Where appropriate, particular conditions to which performance of the contract is subject.

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ANNEX XV

INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE

I. Information for publication in the Official Journal of the European Communities (1)

1. Name and address of the contracting entity.

2. Nature of the contract (supplies, works or services; where appropriate state if it is a framework agreement).

3. At least a summary indication of the nature and quantity of the products, works or services provided.

4. (a) Form of the call for competition (notice on the existence of a system of qualification; periodic notice; call for

tenders).

(b) Reference of publication of the notice in the Official Journal of the European Communities.

(c) In the case of contracts awarded without a prior call for competition, indication of the relevant provision of

Article 39(3) or Article 31.

5. Award procedure (open, restricted or negotiated).

6. Number of tenders received.

7. Date of award of the contract.

8. Price paid for bargain purchases pursuant to Article 39(3)(j).

9. Name and address of the economic operator(s).

10. State, where appropriate, whether the contract has been, or may be, subcontracted.

11. Price paid or the prices of the highest and lowest bids taken into account in the award of the contract.

12. Optional information:

(cid:151) value and share of the contract which has been or may be subcontracted to third parties,

(cid:151) award criteria.

II. Information not intended for publication

13. Number of contracts awarded (where an award has been split between several suppliers).

14. Value of each contract awarded.

15. Country of origin of the product or service (Community origin or non-Community origin; if the latter, broken

down by third country).

16. Which award criteria were used (most economically advantageous; lowest price).

17. Was the contract awarded to a bidder who submitted a variant, in accordance with Article 36(1)?

18. Were any tenders excluded on the grounds that they were abnormally low, in accordance with Article 55?

19. Date of transmission of the notice by the contracting entity.

20. In the case of contracts for services listed in Annex XVI B, agreement by the contracting entity to publication of

the notice (Article 42(4)).

(1) Information in headings 6, 9 and 11 is deemed information not intended for publication where the awarding entity considers that

publication thereof might be detrimental to a sensitive commercial interest.

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ANNEX XVI A

SERVICES WITHIN THE MEANING OF ARTICLE 30

Category No

Subject

CPC Reference No

CPV reference No

1

Maintenance and repair services

6112, 6122, 633, 886

50000000, 50100000, 50110000, 50111110,
50112000, 50112100, 50112110, 50112111,
50112120, 50112200, 50112300, 50113000,
50113100, 50113200, 50114000, 50114100,
50114200, 50115000, 50115100, 50115200,
50116000, 50116100, 50116200, 50116300,
50116400, 50116500, 50116510, 50116600,
50117000, 50117100, 50117200, 50117300,
50118000, 50118100, 50118110, 50118200,
50118300, 50118400, 50118500, 50200000,
50210000, 50211000, 50211100, 50211200,
50211210, 50211211, 50211212, 50211300,
50211310, 50212000, 50220000, 50221000,
50221100, 50221200, 50221300, 50221400,
50222000, 50222100, 50223000, 50224000,
50224100, 50224200, 50225000, 50230000,
50231000, 50231100, 50232000, 50232100,
50232200, 50240000, 50241000, 50241100,
50241200, 50242000, 50243000, 50244000,
50245000, 50246000, 50246100, 50246200,
50246300, 50246400, 50314000, 50315000,
50330000, 50331000, 50332000, 50333000,
50333100, 50333200, 50334000, 50334100,
50334110, 50334120, 50334130, 50334140,
50334200, 50334300, 50334400, 50340000,
50341000, 50341100, 50341200, 50342000,
50343000, 50344000, 50344100, 50344200,
50400000, 50410000, 50411000, 50411100,
50411200, 50411300, 50411400, 50411500,
50412000, 50413000, 50413100, 50413200,
50420000, 50421000, 50421100, 50421200,
50422000, 50430000, 50431000, 50432000,
50433000, 50510000, 50511000, 50511100,
50511200, 50512000, 50513000, 50514000,
50514100, 50514200, 50530000, 50531000,
50531100, 50531200, 50531300, 50531400,
50531600, 50532000, 50532100, 50532200,
50532300, 50532400, 50800000, 50810000,
50820000, 50821000, 50822000, 50830000,
50840000, 50841000, 50842000, 50850000,
50860000, 50870000, 50880000, 50881000,
50882000, 50883000, 50884000, 50911000,
50911100, 50911110, 50911120, 50911130,
50911200, 50911210, 50911220, 50912100,
50913100, 50913300, 50913310, 50913400,
50913500, 50913510, 50914000, 50914100,
50914200, 50914300, 50914400, 50914500,
50914600, 50920000, 50921000, 50921100,
50922000, 50923000, 50924000, 50930000,
50931000, 50931100, 50931200, 50931300,
50931400, 50932000, 50932100, 50932200,
50933000, 50934000, 50935000, 50940000,
50941000, 50942000, 50951000, 50952000,
50952100, 50952110, 50952200, 50952400,
50952500, 50960000, 50961000, 50961100,
50961110, 50961200, 50962000, 50970000,
50971000, 50971100, 50971200, 50972000,
50973000, 50973100, 50973200, 50973300,
50973400, 50974000, 50974100, 50974200,
50974300, 50975000, 50975100, 50975200,
50975300, 50976000, 50976100, 50976200,
74732000, 74732100, 74741000, 74742000,
74743000

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Category No

Subject

CPC Reference No

CPV reference No

2

3

4

5

Land transport services (1),
including armoured
car services, and courier services, except transport
of mail

712 (except 71235), 7512,
87304

55521200, 60110000, 60112000, 60112100,
60112200, 60112300, 60113000, 60113100,
60113310, 60113400, 60114000, 60115000,
60115100, 60115110, 60116000, 60116100,
60116200, 60116300, 60122110, 60122120,
60122130, 60122140, 60122150, 60122160,
60122161, 60122170, 60123100, 60123200,
60123300, 60123400, 60123500, 60123600,
64120000, 64121000, 64122000, 74612000

Air transport services of passengers and freight,
except transport of mail

73 (except 7321)

62110000, 62122000, 62210000, 62230000,
62300000

Transport of mail by land (1) and by air

71235, 7321

62121000

Telecommunications services

752

6

Financial services:

ex 81, 812, 814

(a) insurance services

(b) banking and investment services (2)

7

Computer services and related services

84

64200000, 64210000, 64211000, 64212000,
64213000, 64214000, 64214200, 64216000,
64216100, 64216110, 64216120, 64216130,
64216140, 64216200, 64216210, 64216300,
64221000, 64222000, 64223000, 64224000,
64225000, 64226000, 72315000, 72318000,
72511100

66000000, 66100000, 66110000, 66120000,
66130000, 66140000, 66200000, 66300000,
66310000, 66311000, 66312000, 66313000,
66314000, 6315000, 66316000, 66317000,
66320000, 66321000, 66330000, 66331000,
66332000, 66333000, 66334000, 66335000,
66340000, 66341000, 66342000, 66343000,
66343100, 66343200, 66350000, 66360000,
66370000, 66371000, 66372000, 66373000,
66374000, 66380000, 66381000, 66382000,
66383000, 66384000, 67200000, 67210000,
67211000, 67212000, 67220000, 67221000,
67230000, 67240000, 67250000, 67251000,
67260000

50310000, 50311000, 50311400, 50312000,
50312100, 50312110, 50312120, 50312200,
50312210, 50312220, 50312300, 50312310,
50312320, 50312400, 50312410, 50312420,
50312500, 50312510, 50312520, 50312600,
50312610, 50312620, 50313000, 50313100,
50313200, 50316000, 50317000, 50320000,
50321000, 50322000, 50323000, 50323100,
50323200, 50324000, 50324100, 50324200,
72000000, 72100000, 72110000, 72120000,
72130000, 72140000, 72150000, 72200000,
72210000, 72211000, 72212000, 72220000,
72221000, 72222000, 72222100, 72222200,
72222300, 72223000, 72224000, 72224100,
72224200, 72225000, 72226000, 72227000,
72228000, 72230000, 72231000, 72232000,
72240000, 72241000, 72243000, 72245000,
72246000, 72250000, 72251000, 72252000,
72253000, 72253100, 72253200, 72254000,
72254100, 72260000, 72261000, 72262000,
72263000, 72264000, 72265000, 72266000,
72267000, 72268000, 72300000, 72310000,
72311000, 72311100, 72311200, 72311300,
72312000, 72312100, 72312200, 72313000,
72314000, 72315100, 72316000, 72317000,
72319000, 72320000, 72321000, 72510000,
72511000, 72511110, 72512000, 72514000,
72514100, 72514200, 72514300, 72520000,
72521000, 72521100, 72540000, 72541000,
72541100, 72550000, 72560000, 72570000,
72580000, 72590000, 72591000

30.1.2001

EN

Official Journal of the European Communities

C 29 E/171

Category No

Subject

CPC Reference No

CPV reference No

8

9

10

11

12

13

14

R & D services (3)

85

Accounting, auditing and bookkeeping services

862

Market research and public opinion polling ser-
vices

864

Management consulting services (4) and related
services

865, 866

Architectural services; engineering services and
integrated engineering services; urban planning
and landscape engineering services; related scien-
tific and technical consulting services; technical
testing and analysis services

867

63368000, 73000000, 73100000, 73110000,
73111000, 73112000

74121000, 74121100, 74121110, 74121112,
74121113, 74121120, 74121200, 74121210,
74121220, 74121230, 74121240, 74121250,
74541000

74130000, 74131000, 74131100, 74131110,
74131120, 74131121, 74131130, 74131200,
74131300, 74131400, 74131500, 74131600,
74132000, 74133000, 74423100, 74423110

73200000, 73210000, 73220000, 73300000,
74121111, 74141000, 74141100, 74141110,
74141200, 74141300, 74141400, 74141500,
74141510, 74141600, 74141610, 74141620,
74141700, 74141800, 74141900, 74142200,
74150000, 74871000, 90311000, 93620000

72242000, 72244000, 74142300, 74142310,
74220000, 74221000, 74222000, 74223000,
74224000, 74225000, 74225100, 74230000,
74231100, 74231110, 74231120, 74231130,
74231200, 74231300, 74231310, 74231320,
74231400, 74231500, 74231510, 74231520,
74231521, 74231530, 74231540, 74231600,
74231700, 74231710, 74231720, 74231721,
74231800, 74231900, 74232000, 74232100,
74232110, 74232120, 74232200, 74232210,
74232220, 74232230, 74232240, 74232300,
74232310, 74232320, 74232400, 74232500,
74232600, 74233000, 74233100, 74233200,
74233300, 74233400, 74233500, 74233600,
74233700, 74240000, 74250000, 74251000,
74252000, 74252100, 74260000, 74261000,
74262000, 74262100, 74263000, 74270000,
74271000, 74271100, 74271200, 74271210,
74271220, 74271300, 74271400, 74271500,
74271700, 74271710, 74271720, 74271800,
74272000, 74272100, 74272110, 74272111,
74272112, 74272113, 74272300, 74273000,
74273100, 74273200, 74274000, 74274100,
74274200, 74274300, 74274400, 74274500,
74275000, 74275100, 74275200, 74276000,
74276100, 74276200, 74276300, 74276400,
74300000, 74310000, 74311000, 74312000,
74312100, 74313000, 74313100, 74313110,
74313120, 74313130, 74313140, 74313141,
74313142, 74313143, 74313144, 74313145,
74313146, 74313147, 74313200, 74313210,
74313220, 74874000

Advertising services

871

74410000, 74411000, 74412000, 78225000

Building-cleaning services and property manage-
ment services

874, 82201 to 82206

70300000, 70310000, 70311000, 70320000,
70321000, 70322000, 70330000, 70331000,
70331100, 70332000, 70332100, 70332200,
70332300, 74710000, 74720000, 74721000,
74721100, 74721210, 74721300, 74722000,
74724000, 74730000, 74731000, 74744000,
74750000, 74760000, 93411200, 93411300,
93411400

74831530, 78000000, 78100000, 78110000,
78111000, 78112000, 78113000, 78113100,
78114000, 78114100, 78114200, 78114300,
78114400, 78115000, 78115100, 78116000,
78117000, 78118000, 78119000, 78120000,

15

Publishing and printing services on a fee or con-
tract basis

88442

C 29 E/172

EN

Official Journal of the European Communities

30.1.2001

Category No

Subject

CPC Reference No

CPV reference No

16

Sewage and refuse disposal services; sanitation
and similar services

94

78121000, 78122000, 78122100, 78123000,
78124000, 78125000, 78130000, 78131000,
78132000, 78133000, 78134000, 78135000,
78135100, 78136000, 78140000, 78141000,
78142000, 78150000, 78151000, 78152000,
78153000, 78160000, 78170000, 78180000,
78200000, 78210000, 78220000, 78221000,
78222000, 78223000, 78224000, 78230000,
78240000, 78300000, 78310000, 78311000,
78312000

71221110, 74734000, 74735000, 85142200,
90000000, 90100000, 90110000, 90111000,
90111100, 90111200, 90111300, 90112000,
90112100, 90112200, 90112210, 90112300;
90113000, 90114000, 90120000, 90121000,
90121100, 90121110, 90121120, 90121130,
90121140, 90121200, 90121300, 90121310,
90121320, 90121330, 90121340, 90121400,
90122000, 90122100, 90122110, 90122111,
90122112, 90122113, 90122120, 90122121
90122122, 90122123, 90122124, 90122130,
90122131, 90122200, 90122210, 90122220,
90122230, 90122240, 90122300, 90122310,
90122320, 90122330, 90122340, 90200000,
90210000, 90211000, 90212000, 90213000,
90220000, 90221000, 90240000, 90300000,
90310000, 90312000, 90313000, 90313100,
90313110, 90313120, 90314000, 90315000,
90315100, 90315200, 90315300, 90320000

(1) Except for rail transport services covered by category 18.
(2) Except contracts for the issue, sale, purchase or transfer of securities or other financial instruments.
(3) Except research and development service contracts other than those where the benefits accrue exclusively to the contracting entity for its use in the conduct of its own

affairs on condition that the service provided is wholly remunerated by the contracting entity.

(4) Except arbitration and conciliation services.

30.1.2001

EN

Official Journal of the European Communities

C 29 E/173

ANNEX XVI B

SERVICES WITHIN THE MEANING OF ARTICLE 31

Category No

Subject

CPC Reference No

CPV reference

17

Hotel and restaurant services

64

18

19

Transport services by rail

Water transport services

711

72

20

Supporting and auxiliary transport services

74

21

Legal services

861

22

Personnel placement and supply services

872

55000000, 55100000, 55200000, 55210000,
55220000, 55221000, 55240000, 55241000,
55242000, 55243000, 55250000, 55260000,
55270000, 55300000, 55310000, 55311000,
55312000, 55320000, 55321000, 55322000,
55330000, 55400000, 55410000, 55500000,
55510000, 55511000, 55512000, 55520000,
55521000, 55521100, 55522000, 55523000,
55523100, 55524000, 93410000, 93411000

60111000, 60121000, 60121100, 60121200,
60121300, 60121400, 60121500, 60121600

61000000, 61100000, 61110000, 61200000,
61210000, 61220000, 61230000, 61240000,
61250000, 61400000, 63370000, 63371000,
63372000, 71221120, 71221130

62224000, 62224100, 62226000, 63000000,
63100000, 63110000, 63111000, 63112000,
63112100, 63112110, 63120000, 63121000,
63121100, 63121110, 63122000, 63200000,
63210000, 63220000, 63221000, 63222000,
63222100, 63223000, 63223100, 63223110,
63223200, 63223210, 63224000, 63225000,
63226000, 63300000, 63310000, 63311000,
63313000, 63314000, 63315000, 63320000,
63330000, 63340000, 63341000, 63341100,
63342000, 63343000, 63343100, 63344000,
63350000, 63351000, 63352000, 63353000,
63360000, 63361000, 63362000, 63363000,
63364000, 63365000, 63366000, 63366100,
63369000, 63400000, 63410000, 63420000,
63430000, 63500000, 63510000, 63511000,
63512000, 63514000, 63515000, 63516000,
63520000, 63521000, 63522000, 63523000,
63524000, 63600000, 71221140, 74322000,
93600000

74110000, 74111000, 74111100, 74111200,
74112000, 74112100, 74112110, 74113000,
74113100, 74113200, 74113210, 74114000

74512000, 74522000, 95100000, 95110000,
95120000, 95130000, 95131000, 95132000,
95133000

23

Investigation and security services, except armou-
red
car services

873 (except 87304)

74611000, 74613000, 74614000, 74614100,
74614110, 74615000, 74620000

24

Education and vocational education services

92

80000000, 80100000, 80110000, 80200000,
80210000, 80211000, 80212000, 80220000,
80300000, 80310000, 80320000, 80330000,
80340000, 80400000, 80411000, 80411100,
80411200, 80412000, 80421000, 80422000,
80422100, 80423000, 80423100, 80423110,
80423120, 80423200, 80423300, 80423320,
80424000, 80425000, 80426000, 80426100,
80426200, 80427000, 80428000, 80430000,
92312212, 92312213

C 29 E/174

EN

Official Journal of the European Communities

30.1.2001

Category No

Subject

CPC Reference No

CPV reference

25

Health and social services

93

26

Recreational, cultural and sporting services

96

27

Other services

60113300, 74511000, 85000000, 85100000,
85110000, 85111000, 85111100, 85111200,
85111300, 85111320, 85111400, 85111500,
85111600, 85111700, 85111800, 85112000,
85112100, 85120000, 85121000, 85121100,
85121200, 85121300, 85130000, 85131000,
85131100, 85131110, 85140000, 85141000,
85141100, 85141200, 85141210, 85141211,
85141212, 85141220, 85142000, 85142100,
85142200, 85142300, 85142400, 85143000,
85144000, 85144100, 85145000, 85146000,
85146100, 85146200, 85147000, 85148000,
85149000, 85200000, 85300000, 85310000,
85311000, 85311100, 85311200, 85311300,
85312000, 85312100, 85312200, 85312300,
85312310, 85312320, 85312330, 85312400,
85320000, 85323000

74875000, 74875100, 74875200, 77310000,
77311000, 77313000, 77400000, 80413000,
80414000, 80415000, 92000000, 92100000,
92110000, 92111000, 92111100, 92111200,
92111210, 92111220, 92111230, 92111240,
92111250, 92111260, 92111300, 92111310,
92111320, 92112000, 92120000, 92121000,
92122000, 92130000, 92140000, 92200000,
92210000, 92211000, 92220000, 92221000,
92300000, 92310000, 92311000, 92312000,
92312100, 92312110, 92312120, 92312130,
92312140, 92312200, 92312210, 92312220,
92312230, 92312240, 92312250, 92320000,
92330000, 92331000, 92331100, 92331200,
92332000, 92340000, 92341000, 92342000,
92342100, 92342200, 92350000, 92351000,
92351100, 92351200, 92352000, 92352100,
92352200, 92360000, 92400000, 92500000,
92510000, 92511000, 92512000, 92520000,
92521000, 92521100, 92521200, 92521210,
92521220, 92522000, 92522100, 92522200,
92530000, 92531000, 92532000, 92533000,
92534000, 92600000, 92610000, 92620000,
92621000, 92622000

50111100, 50232110, 50246500, 50520000,
50521000, 50522000, 50523000, 50531500,
50531510, 50700000, 50710000, 50711000,
50712000, 50720000, 50730000, 50731000,
50732000, 50732100, 50740000, 50760000,
50761000, 50762000, 50911230, 50912200,
50913200, 50915000, 50915100, 50915200,
50952300, 50977000, 52000000, 52100000,
52200000, 52300000, 52400000, 52500000,
52600000, 52700000, 52800000, 52900000,
60113200, 60200000, 60210000, 60220000,
61300000, 62221000, 62222000, 62223000,
63367000, 64110000, 64111000, 64112000,
64113000, 64114000, 64115000, 64116000,
64214100, 64214400, 65000000, 65100000,
65110000, 65120000, 65130000, 65200000,
65210000, 65300000, 65310000, 65320000,
65400000, 65410000, 65500000, 67100000,
67110000, 67120000, 67121000, 67122000,
67130000, 67140000, 67300000, 70100000,
70110000, 70111000, 70112000, 70120000,
70121000, 70121100, 70121200, 70122000,
70122100, 70122110, 70122200, 70122210,
70123000, 70123100, 70123200, 70130000,
70311100, 70311200, 70333000, 71000000,
71100000, 71110000, 71120000, 71130000,
71140000, 71150000, 71160000, 71170000,
71180000, 71181000, 71211300, 71211310,

30.1.2001

EN

Official Journal of the European Communities

C 29 E/175

Category No

Subject

CPC Reference No

CPV reference

71211320, 71211400, 71211600, 71211900,
71300000, 71310000, 71311000, 71320000,
71321000, 71321100, 71321200, 71321300,
71321400, 71330000, 71331000, 71332000,
71332100, 71332200, 71333000, 71340000,
71350000, 71360000, 71380000, 74122000,
74122100, 74122200, 74271600, 74271900,
74321000, 74321100, 74420000, 74421000,
74422000, 74423000, 74423200, 74423210,
74542000, 74543000, 74731100, 74810000,
74811000, 74811100, 74811200, 74811300,
74811310, 74811320, 74811330, 74811340,
74812000, 74813000, 74820000, 74821000,
74830000, 74831000, 74831100, 74831110,
74831200, 74831210, 74831300, 74831400,
74831500, 74831510, 74831520, 74831600,
74832000, 74832100, 74841000, 74842000,
74844000, 74850000, 74851000, 74860000,
74861000, 74870000, 74872000, 74873100,
74876000, 74877000, 75000000, 75100000,
75110000, 75111000, 75111100, 75111200,
75112000, 75112100, 75120000, 75121000,
75122000, 75123000, 75124000, 75125000,
75130000, 75131000, 75131100, 75200000,
75210000, 75211000, 75211100, 75211110,
75211200, 75211300, 75220000, 75221000,
75222000, 75230000, 75231000, 75231100,
75231200, 75231210, 75231220, 75231230,
75231240, 75240000, 75241000, 75241100,
75242000, 75242100, 75242110, 75250000,
75251000, 75251100, 75251110, 75251120,
75252000, 75300000, 75310000, 75311000,
75312000, 75313000, 75313100, 75314000,
75320000, 75330000, 75340000, 76000000,
76100000, 76110000, 76111000, 76120000,
76200000, 76210000, 76211000, 76211100,
76211200, 76300000, 76310000, 76320000,
76330000, 76340000, 76400000, 76410000,
76411000, 76420000, 76430000, 76431000,
76440000, 76450000, 76460000, 76470000,
76480000, 76490000, 76491000, 76492000,
76500000, 76510000, 76520000, 76521000,
76522000, 76530000, 76531000, 77000000,
77100000, 77110000, 77120000, 77210000,
77211000, 77211100, 77211300, 77220000,
77230000, 77330000, 77500000, 77510000,
77600000, 77610000, 77700000, 78400000,
85321000, 85322000, 90114100, 90115000,
90122132, 90123000, 90123100, 90123200,
90123300, 90230000, 91000000, 91100000,
91110000, 91120000, 91130000, 91131000,
91200000, 91300000, 91310000, 91320000,
91330000, 91331000, 91331100, 92230000,
92312211, 93100000, 93110000, 93111000,
93112000, 93120000, 93121000, 93130000,
93140000, 93150000, 93160000, 93200000,
93210000, 93211000, 93220000, 93221000,
93221100, 93221200, 93221300, 93300000,
93310000, 93320000, 93330000, 93411100,
93500000, 93510000, 93511000, 93511100,
93621000, 93700000, 93710000, 93711000,
93711100, 93711110, 93711200, 93712000,
93910000, 93930000, 93940000, 93950000,
95000000, 99000000, 99100000

C 29 E/176

EN

Official Journal of the European Communities

30.1.2001

INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE

ANNEX XVII

1. Name, address, electronic address, telephone, telex and fax numbers of the contracting authority and of the service

from which additional documents may be obtained.

2. Project description.

3. Nature of the contest: open or restricted.

4. In the case of open contests: final date for receipt of projects.

5. In the case of restricted contests:

(a) the number of participants envisaged, or range;

(b) where applicable, names of participants already selected;

(c) criteria for the selection of participants;

(d) final date for receipt of requests to participate.

6. Where applicable, indication of whether participation is reserved to a particular profession.

7. Criteria to be applied in the evaluation of projects.

8. Where applicable, names of the selected members of the jury.

9. Indication of whether the decision of the jury is binding on the authority.

10. Where applicable, number and value of prizes.

11. Where applicable, details of payments to all participants.

12. Indication of whether the prize-winners are permitted any follow-up contracts.

13. Other information.

14. Date of dispatch of the notice.

15. Date of receipt of the notice by the Office for Official Publications of the European Communities

ANNEXE XVIII

INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES

1. Name, address, telegraphic address and telephone, telex and fax numbers of the contracting authority.

2. Project description.

3. Total number of participants.

4. Number of foreign participants.

5. Winner(s) of the contest.

6. Where applicable, the prize(s).

7. Other information.

8. Reference of the design contest notice.

9. Date of dispatch of the notice.

10. Date of receipt of the notice by the Office for Official Publications of the European Communities.

30.1.2001

EN

Official Journal of the European Communities

C 29 E/177

ANNEX XIX

TECHNICAL SPECIFICATIONS FOR PUBLICATION

Where this Directive lays down publicity requirements, these must comply with the following provisions:

1.

Publication of notices

1.1. Where this Directive requires contracting authorities to publish certain items of information, they are to send this
information in the required format to the Office for Official Publications of the European Communities either in
electronic form, in accordance with this Annex, or by other means.

1.2. Notices referred to in Articles 40, 41 and 42 and Article 61 are published through the Office for Official
Publications of the European Communities. They are published in extenso in their original language. A summary
of the main points of each notice is published in the other official languages.

1.3. The Office for Official Publications of the European Communities will confirm to the contracting authority that the
information submitted has been published, indicating the date of publication. This confirmation constitutes proof of
actual publication.

2.

Publication of complementary or additional information

2.1. Contracting entities are encouraged in particular to publish the specifications in their entirety on the Internet. In
such cases, the authorities must, wherever possible, specify in the text of the notice required by this Directive the
Internet address at which this documentation may be accessed.

2.2. Contracting entities are encouraged to publish their (cid:132)buyer profile(cid:147) on the Internet. The profile may include
information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled
and any useful general information, such as a contact point, a telephone and a fax number, a postal address
and an e-mail address.

3.

Electronic transmission

The arrangements for electronic transmission must comply with those available at the Internet address: (cid:132)http://si-
map.eu.int(cid:147).

C 29 E/178

EN

Official Journal of the European Communities

30.1.2001

ANNEX XX

DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

For the purposes of this Directive,

1. (cid:132)Technical specification(cid:147) means a specification contained, in particular, in the contract documents setting out the
required characteristics of a product or service, such as the level of quality or performance, safety or dimensions,
including the requirements applicable to the product or service concerning the trade name, terminology, symbols,
testing and test methods, packaging, marking or labelling and conformity assessment procedures.

It includes, where applicable, the rules relating to design and costing, the test, inspection and acceptance conditions
for works, and methods or techniques of construction and all other technical conditions which the contracting
authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to
the constituent materials or parts.

2. (cid:132)Standard(cid:147) means a technical specification approved by a recognised standardisation body for repeated or continuous

application, compliance with which is not compulsory and which falls into one of the following categories:

(cid:151) international standard: a standard adopted by an international standards organisation and made available to the

general public;

(cid:151) European standard: a standard adopted by a European standards organisation and made available to the general

public;

(cid:151) national standard: a standard adopted by a national standards organisation and made available to the general

public.

3. (cid:132)European technical approval(cid:147) means a favourable technical assessment of the fitness for use of a product, based on
fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product
and the defined conditions of application and use. European approval shall be issued by an approval body designated
for this purpose by the Member State.

4. (cid:132)Common technical specifications(cid:147) means technical specifications drawn up in accordance with a procedure recog-

nised by the Member States and published in the Official Journal of the European Communities.

5. (cid:132)Technical reference(cid:147): means any product produced by European standardisation bodies, other than official standards,

according to procedures adopted for market development.

30.1.2001

EN

Official Journal of the European Communities

C 29 E/179

ANNEXE XXI

SUMMARY TABLE OF THE DEADLINES LAID DOWN IN ARTICLE 44

Open procedures

Deadline for receipt of bids (cid:151) without a periodic indicative notice

Deadline

Electronic dispatch of
the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 7

Effect on second
subparagraph of
paragraph 7

52

45

47

40

none

none

With publication of a periodic indicative notice

A. Deadline in general Electronic dispatch of

the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 7

Effect on second
subparagraph of
paragraph 7

36

29

31

24

none

none

B. Minimum deadline Electronic dispatch of

the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 7

Effect on second
subparagraph of
paragraph 7

22

15

17

10

The period of 10 days
is extended to 15 days

The period of 17 days is
extended to 22 days

Restricted and negotiated procedures

Deadline for the receipt of requests to participate

General deadline

Electronic dispatch of
the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

37

30

Not applicable (n.a.)

n.a.

none

n.a.

Minimum deadline

Electronic dispatch of
the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

22

15

n.a.

n.a.

none

n.a.

Minimum deadline

Electronic dispatch of
the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

15

8

n.a.

n.a.

The period of 8 days is
extended to 15 days

n.a.

C 29 E/180

EN

Official Journal of the European Communities

30.1.2001

A. Deadline in general Electronic dispatch of

the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

Deadline for the receipt of tenders

24

n.a.

19

n.a.

n.a.

none

B. Minimum deadline Electronic dispatch of

the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

10

n.a.

5

n.a.

n.a.

The period of 5 days is
extended to 10 days

C. Deadline set by
agreement

Electronic dispatch of
the notice

Contract documents
available elec-
tronically

Electronic dispatch plus
(cid:145)electronic(cid:146) contract
documents

Effect on first
subparagraph of
paragraph 8

Effect on second
subparagraph of
paragraph 8

n.a.

n.a.

n.a.

n.a.

n.a.

ANNEX XXII

TIME-LIMITS FOR TRANSPOSITION AND IMPLEMENTATION

Directive

Time-limits for transposition

Time-limits for application

93/38/EEC (OJ L 199, 9.8.1993, p. 84)

1.7.1994

98/4/EC (OJ L 101, 1.4.1998, p. 1)

16.2.1999

Spain: 1.1.1997;
Greece and Portugal:
1.1.1998

Greece and Portugal:
16.2.2000

30.1.2001

EN

Official Journal of the European Communities

C 29 E/181

ANNEX XXIII

CORRELATION TABLE (1)

This Directive

Directive 93/38/EEC

Art. 1(1)

Art. 1(1), 1st sentence

Art. 1(2), 1st sentence

Art. 1(4), 1st sentence

Adapted

Art. 1(2)(a)

Art. 1(2)(b)

Art. 1(2)(c)

Art. 1(4)(a)

Art. 1(4)(b)

Art. 1(4)(c), 1st part

Art. 1(3), 1st subparagraph

Art. 1(4), 2nd subparagraph

Art. 1(3), 2nd subparagraph

Art. 1(4)

Art. 1(5)

Art. 1(6), 1st subparagraph

Art. 1(6), in fine

Art. 1(6), 2nd subparagraph

Art. 1(6), 3rd subparagraph

Art. 1(6), 1st sentence

Art. 1(5)

Art. 1(7)

Art. 1(16),

Adapted

Adapted

New

New

New

Amended

New

Adapted

Adapted

Adapted

New

New

New

Art. 1(14) and (15)

Deleted

Art. 1(1)

Art. 1(2)

Art. 2(1)

Art. 2(3)

Art. 2(2)(a)(iii)

Art. 2(5)(b)

Art. 2(2)(a)(ii)

Art. 2(5)(a)

Adapted

Amended

Adapted

Adapted

Adapted

Adapted

Art. 1(7)

Art. 1(8)

Art. 1(9)

Art. 1(10)

Art. 1(11)

Art. 1(12)

Art. 2(1)(a)

Art. 2(1)(b)

Art. 2(2)

Art. 2(3)

Art. 3(1)

Art. 3(2)

Art. 3(3)

Art. 3(4)

(1) (cid:145)Adapted(cid:146) indicates that the wording has been reformulated without changing the scope of the text of the repealed Directive. Changes

to the scope of the provisions of the repealed Directive are denoted by the word (cid:145)Amended(cid:146).

C 29 E/182

EN

Official Journal of the European Communities

30.1.2001

This Directive

Directive 93/38/EEC

Art. 4(1)

Art. 4(2)

Art. 4(3)

Art. 5(1)

Art. 5(2)

Art. 6

Art. 7

Art. 8

Art. 9

Art. 10

Art. 11

Art. 12

Art. 13

Art. 14

Art. 15

Art. 16 par. 1

Art. 16 par. 2

Art. 17(1)

Art. 17(2)

Art. 17(3)

Art. 17(4)

Art. 18(1)

Art. 18(2)

Art. 18(3)

Art. 18(4)

Art. 18(5)

Art. 19(1)

Art. 19(2)

Art. 2(2)(a)(i)

Art. 6(2)

Art. 2(5)(a)

Art. 2(2)(c)

Art. 2(4)

Art. 2(2)(b)

Art. 2(2)(d)

Art. 2(6)

Art. 4(2)

Art. 33

Art. 42a

Adapted

Adapted

Adapted

Adapted

Amended

Deleted

Amended

New

Amended

Adapted

Art. 4(3) and (4)

Adapted

New

Amended

Adapted

Art. 5

Art. 14 par. 1

Art. 14 par. 13

Art. 14 par. 9

Art. 14 par. 11

Art. 14 par. 12

Art. 14 par. 10

Art. 14 par. 10, 2nd subparagraph

Adapted

Art. 14 par. 10, 2nd subparagraph, 1st and
2nd sentences

Adapted

Art. 14 par. 6

Art. 14 par. 7

Art. 14 par. 4

Art. 14 par. 8

Art. 14 par. 2

Art. 14 par. 10, 2nd subparagraph, 1st and
2nd sentences

Adapted

Adapted

Adapted

Adapted

Adapted

30.1.2001

EN

Official Journal of the European Communities

C 29 E/183

This Directive

Directive 93/38/EEC

Art. 19(3)

Art. 19(4)

Art. 19(5)

Art. 19(6)

Art. 19(7)

Art. 20

Art. 21

Art. 22

Art. 23(a)

Art. 23(b)

Art. 23(c)

Art. 24(a)

Art. 24(b)

Art. 24(c)

Art. 24(d)

Art. 24(e)

Art. 25

Art. 26 par. 1

Art. 26 par. 2

Art. 26 par. 3

Art. 27 par. 1

Art. 27 par. 2

Art. 28

Art. 29

Art. 30

Adapted

Adapted

Art. 14 par. 6

Art. 14 par. 7

Art. 14 par. 8

Art. 14 par. 3

Art. 14(5)

Art. 7

Art. 6(1) and (3)

Adapted

Amended

Art. 10

Art. 12, 1

Art. 12, 2

Art. 12(3)

Art. 1 par. 4(c)(i)

Art. 1 par. 4(c)(iii)

Art. 1 par. 4(c)(iv)

Art. 1 par. 4(c)(v)

Art. 1 par. 4(c)(vi)

Art. 1 par. 4(c)(ii) and Annex XVI A,
footnote 2

Deleted

Art. 11

Art. 13 par. 1

Art. 1 par. 3

Art. 13 par. 2

Art. 9 par. 1(a)

Art. 9 par. 1(b)

Art. 9 par. 2

Art. 3 par. 1

Art. 3 par. 2

Art. 3 par. 3 to 5

Art. 8

Art. 15

Adapted

Adapted

Adapted

Deleted

Deleted

Amended

Deleted

New

Deleted

Adapted

C 29 E/184

EN

Official Journal of the European Communities

30.1.2001

This Directive

Directive 93/38/EEC

Art. 31

Art. 32

Art. 33

Art. 34

Art. 35

Art. 36 par. 1

Art. 36 par. 2

Art. 36 par. 3

Art. 37

Art. 38

Art. 16

Art. 17

Art. 18

Art. 19

Art. 34 par. 3

Art. 34 par. 4

Art. 27

Art. 29

Art. 39 par. 1

Art. 4 par. 1

Art. 39 par. 2 and 3

Art. 20 par. 1 and 2

Art. 40 par. 1

Art. 40 par. 2

Art. 40 par. 3

Art. 40 par. 4

Art. 41 par. 1

Art. 22 par. 1

Art. 22 par. 2

Art. 22 par. 4

Art. 30 par. 9

Art. 21 par. 1

New

Amended

Adapted

Amended

Amended

New

Amended

Amended

Amended

Adapted

Art. 41 par. 2(a) and (b)

Art. 21 par. 2(a) and (b)

Adapted

Art. 41 par. 2(c)

Art. 22 par. 3, 1st sentence

Art. 41 par. 2, 2nd subparagraph

Art. 22 par. 3, 2nd sentence

Art. 42 par. 1

Art. 42 par. 2

Art. 42 par. 3

Art. 42 par. 4

Art. 42 par. 5

Art. 24 par. 1

Art. 24 par. 2

Adapted

Adapted

Art. 24 par. 3, 1st to 3rd sentences

Adapted

Art. 24 par. 3, 4th sentence

Art. 24 par. 4

Art. 43 par. 1, 1st and 2nd subparagraphs

Art. 43 par. 1, 3rd subparagraph

Art. 25(2) in fine

Art. 43 par. 2, 1st subparagraph

Art. 43 par. 2, 2nd subparagraph

Art. 25(3), 1st sentence

Art. 43 par. 2, 3rd subparagraph

Art. 25 par. 3, 2nd sentence

Adapted

Adapted

New

New

Amended

Adapted

30.1.2001

EN

Official Journal of the European Communities

C 29 E/185

This Directive

Directive 93/38/EEC

Art. 25 par. 3, 3rd sentence

Art. 43 par. 3

Art. 43 par. 4

Art. 43 par. 5

Art. 43 par. 6

Art. 44 par. 1

Art. 44 par. 2

Art. 44 par. 3

Art. 44 par. 4

Art. 44 par. 5 to 8

Art. 44 par. 9

Art. 44 par. 10

Art. 45 par. 1

Art. 45 par. 2

Art. 46 par. 1

Art. 25 par. 5

Art. 25 par. 4

Art. 25 par. 1

Art. 26 par. 1, 1st
sentence

subparagraph, 1st

Art. 26 par. 2

Art. 26 par. 1, 2nd and 3rd sentences and
2nd subparagraph

Art. 28 par. 3

Art. 28 par. 1

Art. 28 par. 2

Art. 28 par. 5

Art. 46 par. 2, 1st sentence

Art. 28 par. 4, 1st sentence

Art. 46 par. 2, 2nd sentence

Deleted

Amended

Adapted

New

New

Adapted

Adapted

New

Amended

New

Amended

Amended

New

Art. 46 par. 2, 3rd sentence

Art. 28 par. 4, 2nd sentence

Amended

Art. 46 par. 2(a) to (d) and (f)

Art. 28 par. 4(a) to (d) and (f)

Adapted

Art. 46 par. 2(e)

Art. 28 par. 4(e)

Art. 46 par. 3(a) to (h)

Art. 21 par. 2(c)

Amended

Adapted

New

Art. 46 par. 3(i)

Art. 47 par. 1

Art. 47 par. 2

Art. 47 par. 3

Art. 47 par. 4

Art. 48 par. 1

Art. 28 par. 6, 1st and 2nd sentences and
1st indent

Amended

Art. 28 par. 6, 2nd and 4th indentes

Amended

Art. 28 par. 6, 3rd indent

Art. 41 par. 3

Amended

New

Amended

Art. 48 par. 2, 1st subparagraph

Art. 41 par. 4, 1st subparagraph

Amended

C 29 E/186

EN

Official Journal of the European Communities

30.1.2001

This Directive

Directive 93/38/EEC

Art. 48 par. 2, 2nd subparagraph

Art. 41 par. 4, 2nd subparagraph

Art. 48 par. 3

Art. 48 par. 4

Art. 48 par. 5

Art. 49 par. 1

Art. 49 par. 2

Art. 50

Art. 51 par. 1

Art. 51 par. 2

Art. 52 par. 1

Art. 52 par. 2

Art. 52 par. 3

Art. 52 par. 4

Art. 52 par. 5

Art. 53 par. 1

Art. 53 par. 2

Art. 53 par. 3

Art. 53 par. 4

Art. 54 par. 1

Art. 54 par. 2 to 5

Art. 30 par. 4

Art. 30 par. 6

Art. 30 par. 8

Art. 41 par. 1

Art. 41 par. 2

Art. 30 par. 5

Art. 32

Art. 30 par. 1

Art. 30 par. 2

Art. 30 par. 3

Art. 30 par. 7

Art. 21 par. 3

Art. 21 par. 5

Art. 31 par. 1

Art. 31 par. 3

Art. 31 par. 2

Art. 34 par. 1

Art. 34 par. 2

Art. 55, 1st subparagraph

Art. 34 par. 5, 1st subparagraph

Art. 35 par 1. and 2

Amended

New

Amended

Amended

Amended

Deleted

New

Adapted

Adapted

Amended

Deleted

Adapted

Art. 55, 2nd subpragraph

Art. 34 par. 5, 2nd subparagraph

Amended

Art. 55, 3rd subparagraph

Art. 34 par. 5, 3rd subparagraph

Amended

Art. 56 par. 1 and 2

Art. 36 par 1 and 2

Art. 56 par. 3

Art. 36 par 3 and 4

Adapted

Art. 56 par 4 and 5

Art. 36 par 5 and 6

Art. 57

Art. 58 par. 1

Art. 37

Art. 23 par. 3

Adapted

30.1.2001

EN

Official Journal of the European Communities

C 29 E/187

This Directive

Directive 93/38/EEC

Art. 58 par. 2

Art. 23 par. 4

Art. 59 par 1 and 2

Art. 23 par 1 and 2

Art. 60 par. 1 and 2

Art. 6 par. 1 and 3

Art. 60 par. 3

Art. 60 par. 4

Art. 12

Art. 61 par. 1, 1st subparagraph

Art. 21 par. 4

Art. 61 par. 1, 2nd and 3rd subparagraph

Art. 25 par. 2

Art. 61 par. 2

Art. 61 par. 3

Art. 61 par. 4, 1st subparagraph

Art. 24 par. 1

Art. 24 par. 2

Art. 61 par. 4, 2nd subparagraph

Art. 25 par. 3, 1st sentence

Art. 61 par. 5

Art. 61 par. 6

Art. 62

Art. 63 par. 1

Art. 25 par. 5

Art. 25 par. 4

Art. 4 par. 1

Art. 63 par. 2 and 3

Art. 23 par. 5 and 6

Art. 64

Art. 65 par. 1

Art. 65 par. 2

Art. 42

Art. 39

Art. 40 par. 5

Art. 66 par. 1, 1st subparagraph

Art. 14 par. 15, 1st sentence

Art. 66 par. 1, 2nd subparagraph

Art. 14 par. 15, 2nd sentence

Art. 66 par. 2, 1st subparagraph

Amended

Adapted

Amended

New

Amended

Adapted

Adapted

Amended

New

Adapted

Amended

Adapted

New

Adapted

Amended

Deleted

Amended

New

Amended

Amended

New

Art. 66 par. 2, 2nd subparagraph

Art. 14 par. 14, 1st and 2nd sentences

Amended

Art. 66 par. 23, 3rd subparagraph

Art. 14 par. 16

Amended

Art. 66 par. 3

Art. 67 par. 1, point (a)

Art. 67 par. 1, point (b)

Art. 67 par. 1, point (c)

Art. 14 par. 14, 3rd sentence and par. 15,
3rd sentence

Adapted

Art. 40 par. 1

Art. 40 par. 2

Art. 40 par. 3

Amended

Adapted

Amended

C 29 E/188

EN

Official Journal of the European Communities

30.1.2001

This Directive

Directive 93/38/EEC

Art. 67 par. 1, point (d)

Art. 67 par. 1, point (e)

Art. 67 par. 2

Art. 40 par. 4

Annexes I to IX

Annexes I to IX

Art. 43 and Art. 44

Annex X

Annex XI

Annex XI

Annexes XII to XV

Annexes XII to XV

Annex XVI A

Annex XVI B

Annex XVI A

Annex XVI B

Anexes XVII and XVIII

Annexes XVII and XVIII

Annex XIX, point 1.1

Annex XIX, point 2.3

Art. 25 par. 2

Annex XIX, points 1.3

Annex XIX, points 2 and 3

Annex XX, point 1

Art. 1 par. 8

Annex XX, point 2, 1st sentence

Art. 1 par. 9

Annex XX, point 2, 1st indent

Annex XX, point 2, 2nd indent

Art. 1 par. 10

Annex XX, point 2, 3rd indent

Annex XX, point 3

Annex XX, point 4

Annex XXI

Art. 1 par. 12

Art. 1 par. 11

Art. 1 par. 13

New

New

Adapted

Deleted

New

Adapted

Adapted

Amended

Adapted

New

Amended

New

New

Amended

Adapted

New

Amended

New

Amended

Deleted

New