Common Position (EC) No 33/2003 of 20 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
Date: 2003-03-20
Institutions: Council of the European Union
Subjects: EC Directive, approximation of laws, domestic market, public contract, services contract, supplies contract, works contract

24.6.2003

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Official Journal of the European Union

C 147 E/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 33/2003

adopted by the Council on 20 March 2003

with a view to adopting Directive 2003/. . ./EC of the European Parliament and of the Council on
the coordination of procedures for the award of public works contracts, public supply contracts
and public service contracts

(2003/C 147 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1) On the occasion of new amendments being made to
Council Directives 92/50/EEC of 18 June 1992 relating
to the coordination of procedures
the award of
public service contracts (5), 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply
contracts (6) and 93/37/EEC of 14 June 1993 concerning
the coordination of procedures for the award of public
works contracts (7), which are necessary to meet requests
for simplification and modernisation made by contracting
authorities and economic operators alike in their responses

for

(1) OJ C 29 E, 30.1.2001, p. 11 and OJ C 203 E, 27.8.2002, p. 210.
(2) OJ C 193, 10.7.2001, p. 7.
(3) OJ C 144, 16.5.2001, p. 23.
(4) Opinion of the European Parliament of 17 January 2001 (OJ C
271 E, 7.11.2002, p. 176), Council Common Position of 17
March 2003 and Decision of the European Parliament of . . . (not
yet published in the Official Journal).

(5) OJ L 209, 24.7.1992, p. 1. Directive as last amended by European
Parliament and Council Directive 97/52/EC (OJ L 328, 28.11.1997,
p. 1).

(6) OJ L 199, 9.8.1993, p. 1. Directive as last amended by European

Parliament and Council Directive 97/52/EC.

(7) OJ L 199, 9.8.1993, p. 54. Directive as last amended by European

Parliament and Council Directive 97/52/EC.

to the Green Paper adopted by the Commission on
27 November 1996,
in the
interests of clarity, be recast.

the Directives

should,

(2) The achievement of freedom of movement of goods in the
matter of public supply contracts, and the achievement of
freedom of establishment and freedom to provide services
in the matter of public works contracts and public service
contracts, for contracts concluded in the Member States on
behalf of the State, regional or local authorities and other
bodies governed by public law requires not only the
abolition of restrictions but also the implementation of
provisions on the coordination of national procedures
for the award of public contracts which are based on
the rules governing these three freedoms and on the prin-
ciples deriving therefrom, such as the principles of equal
treatment, of which the principle of non-discrimination is
no more than a specific expression,
the principle of
mutual recognition, the principle of proportionality and
transparency, and the opening-up of
the principle of
public procurement
to competition. These coordinating
provisions should therefore be interpreted in accordance
with both the aforementioned rules and principles and
other rules of the Treaty.

(3) Such coordinating provisions should comply as far as
possible with current procedures and practices in each
of the Member States.

(4) Member States should ensure that the participation of a
body governed by public law as a tenderer in a procedure
for the award of a public contract does not cause any
distortion of competition in relation to private tenderers.

(5) Under Article 6 of the Treaty, environmental protection
requirements are to be integrated into the definition and
implementation of the Community policies and activities
referred to in Article 3 of that Treaty, in particular with a
view to promoting sustainable development. This Directive
therefore clarifies how the contracting authorities may
contribute to the protection of the environment and the
promotion of sustainable development, whilst ensuring the
possibility of obtaining the best value for money for their
contracts.

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(6) Nothing in this Directive should prevent the imposition or
enforcement of measures necessary to protect public
policy, public morality, public security, health, human
and animal
in
particular with a view to sustainable development,
provided that these measures are in conformity with the
Treaty.

the preservation of plant

life or

life,

(7) Council Decision 94/800/EC of 22 December 1994
the European
concerning the conclusion on behalf of
Community, as regards matters within its competence, of
the Agreements reached in the Uruguay Round multi-
(1986 to 1994) (1), approved in
lateral negotiations
particular the Agreement on Government Procurement,
the aim of
hereinafter referred to as the ‘Agreement’,
framework of
which is
balanced rights
to public
contracts with a view to achieving the liberalisation and
expansion of world trade.

to establish a multilateral
and obligations

relating

the Agreement,

the international

In view of
rights and commitments
devolving on the Community as a result of the acceptance
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
to economic
operators of third countries which are signatories to the
Agreement should therefore be in conformity with the
Agreement. It is also appropriate that those coordinating
provisions should guarantee for Community economic
public
conditions
operators
procurement which are just as
those
reserved for economic operators of third countries which
are signatories to the Agreement.

and which apply the

favourable as

participation

latter

for

in

for contracts for the design and execution of work to be
awarded either separately or jointly. It is not the intention
of
this Directive to prescribe either joint or separate
contract awards. The decision to award contracts sepa-
rately or jointly must be determined by qualitative and
economic criteria, which may be defined by national
law. A contract shall be deemed to be a public works
contract only if its subject-matter specifically covers the
execution of activities listed in Annex I, even if
the
contract covers the provision of other services necessary
for
service
sphere of property
contracts,
management
in certain circumstances,
include works. However, insofar as such works are inci-
dental to the principal subject-matter of the contract, and
are a possible consequence thereof or a complement
thereto,
that such works are included in the
contract does not justify the qualification of the contract
as a public works contract.

such activities. Public

services, may,

execution of

in particular

the fact

in the

the

(10) A Community definition of

in particular,

to advertising,

framework agreements,
together with specific rules on framework agreements
concluded for contracts falling within the scope of this
Directive, should be provided. Under these rules, when a
contracting authority enters into a framework agreement
in accordance with the provisions of
this Directive
time-limits and
relating,
conditions for the submission of tenders,
it may enter
into contracts based on such a framework agreement
during its term of validity either by applying the terms
set forth in the framework agreement or, if all terms have
not been fixed in advance in the framework agreement, by
reopening
to the
competition between the parties
in relation to those terms. The
framework agreement
reopening of competition should comply with certain
rules the aim of which is to guarantee the required flexi-
bility and to guarantee respect for the general principles,
in particular the principle of equal treatment. For the same
reasons, the term of the framework agreements should not
exceed four years, except in cases duly justified by the
contracting authorities.

(8) Before launching a procedure for the award of a contract,
contracting authorities may, using a technical dialogue,
seek or accept advice which may be used in the prep-
aration of the specifications provided, however, that such
advice does not have the effect of precluding competition.

(9)

In view of
the diversity of public works contracts,
contracting authorities should be able to make provision

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

(11) Certain

techniques

purchasing

new electronic

are
continuously being developed. Such techniques help to
increase competition and streamline public purchasing,
particularly in terms of the savings in time and money
which their use will allow. Contracting authorities may
make use of electronic purchasing techniques, providing
such use complies with the rules drawn up under this
Directive
treatment,
principles
non-discrimination and transparency. To that extent, a
tender
in particular where
competition has been reopened under a framework
agreement or where a dynamic purchasing system is
being used, may take the form of that tenderer's electronic
catalogue if the latter uses the means of communication
chosen by the contracting authority in accordance with
Article 42.

submitted by a tenderer,

equal

and

the

of

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(12) In view of the rapid expansion of electronic purchasing
systems, appropriate rules should now be introduced to
enable contracting authorities to take full advantage of the
possibilities afforded by these systems. Against this back-
ground, it is necessary to define a completely electronic
dynamic purchasing system for commonly used purchases,
and lay down specific rules for setting up and operating
such a system in order to ensure the fair treatment of any
economic operator who wishes to take part therein. Any
economic operator which submits an indicative tender in
accordance with the specification and meets the selection
criteria should be allowed to join such a system. This
purchasing technique allows the contracting authority,
through the establishment of a list of tenderers already
selected and the opportunity given to new tenderers to
take part, to have a particularly broad range of tenders
as a result of the electronic facilities available, and hence
to ensure optimum use of public funds through broad
competition.

a central purchasing body may be deemed to have
complied with this Directive.

(15) In order to take account of the different circumstances
obtaining in Member States, Member States should be
allowed to choose whether contracting authorities may
use framework agreements, central purchasing bodies,
dynamic purchasing systems, electronic auctions or the
competitive dialogue procedure, as defined and regulated
by this Directive.

(13) Since use of the technique of electronic auctions is likely
to increase, such auctions should be given a Community
definition and governed by specific rules in order to
ensure that they operate in full accordance with the prin-
ciples of equal treatment, non-discrimination and trans-
parency. To that end, provision should be made for such
electronic auctions to deal only with contracts for works,
supplies or services for which the specifications can be
determined with precision. With the same objective,
it
must also be possible to establish the respective ranking
of the tenderers at any stage of the electronic auction.
Recourse to electronic auctions enables contracting auth-
orities to ask tenderers to submit new prices, revised
downwards, and when the contract
is awarded to the
most economically advantageous tender, also to improve
elements of the tenders other than prices. However,
in
order to guarantee compliance with the principle of trans-
automatic
parency, only
evaluation by electronic means, without any intervention
by the contracting authority, may be improved. To this
end, such elements must be quantifiable so that they can
be expressed in figures or percentages.

elements

suitable

the

for

are

responsible

for making

contracting authorities.

contracts/framework agreements

(14) Certain centralised purchasing techniques have been
developed in Member States. Several contracting auth-
acquisitions or
orities
for
awarding public
other
large
volumes purchased,
techniques help increase
competition and streamline public purchasing. Provision
should therefore be made for a Community definition of
central purchasing bodies dedicated to contracting auth-
orities. A definition should also be given of the conditions
under which,
in accordance with the principles of
non-discrimination and equal treatment, contracting auth-
orities purchasing works, supplies and/or services through

In view of

those

the

provisions

complicates matters

(16) Multiplying the number of thresholds for applying the
for
coordinating
in the context of
contracting authorities. Furthermore,
monetary union such thresholds should be established in
in
euro. Accordingly, thresholds should be set,
such a way as
such
provisions, while at the same time ensuring compliance
with the thresholds provided for by the Agreement which
are expressed in special drawing rights. In this context,
provision should also be made for periodic reviews of
the thresholds expressed in euro so as to adjust them,
where necessary,
in line with possible variations in the
value of the euro in relation to the special drawing right.

to simplify the application of

in euro,

(17) The field of services is best delineated, for the purpose of
applying the procedural rules of this Directive and for
into categories
monitoring purposes, by subdividing it
corresponding to particular headings of a common classi-
fication and by bringing them together in two Annexes,
II A and II B, according to the regime to which they are
subject. As regards services in Annex II B, the relevant
provisions of this Directive should be without prejudice
to the application of Community rules specific to the
services in question.

(18) As regards public service contracts, full application of this
Directive should be limited, for a transitional period, to
contracts where its provisions will permit the full potential
for increased cross-frontier trade to be realised. Contracts
for other services need to be monitored during this tran-
sitional period before a decision is taken on the full
application of
the
mechanism for such monitoring needs to be defined.
enable
at
This mechanism should,
interested parties
relevant
to have
information.

this Directive.

the
access

In this

to the

respect,

same

time,

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(19) Public contracts which are awarded by the contracting
authorities operating in the water, energy, transport and
postal services sectors and which fall within the scope of
those activities are covered by Directive 2003/. . ./EC of
the European Parliament and of the Council of . . . coor-
dinating the procurement procedures of entities operating
in the water,
services
sectors (1). However, contracts awarded by the contracting
authorities in the context of their service activities for
maritime, coastal or river transport must fall within the
scope of this Directive.

transport and postal

energy,

(20) In view of the situation of effective market competition in
the telecommunications sector following the implemen-
tation of the Community rules aiming to liberalise that
sector, public contracts in that area should be excluded
this Directive insofar as they are
from the scope of
intended primarily to allow the contracting authorities to
exercise certain activities in the telecommunications sector.
Those activities are defined in accordance with the defi-
nitions used in Articles 1, 2 and 8 of Council Directive
93/38/EEC of 14 June 1993 coordinating the procurement
procedures of entities operating in the water, energy,
transport and telecommunications sector (2), such that
this Directive does not apply to contracts which have
been excluded from the scope of Directive 93/38/EEC
pursuant to Article 8 thereof.

(21) Provision should be made for cases

to apply the measures

is
in which it
coordinating
for
impossible
procedures on grounds
relating to State security or
secrecy, or because specific rules on the awarding of
contracts which derive from international agreements,
relating to the stationing of troops, or which are specific
to international organisations are applicable.

(22) Pursuant to Article 163 of the Treaty, the encouragement
of research and technological development is a means of
strengthening the scientific and technological basis of
Community industry, and the opening-up of public
service contracts contributes to this end. This Directive
should not cover the cofinancing of research and devel-
opment 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 contracting authority, are not
therefore covered by this Directive.

(23) In the context of services, contracts for the acquisition or
rental of immovable property or rights to such property

(1) See p. 137 of this Official Journal.
(2) OJ L 199, 9.8.1993, p. 84. Directive as last amended by Directive
98/4/EC of the European Parliament and of the Council (OJ L 101,
1.4.1998, p. 1).

have particular characteristics which make the application
of public procurement rules inappropriate.

(24) The awarding of public contracts for certain audiovisual
services in the field of broadcasting should allow aspects
of cultural or social significance to be taken into account
which render application of procurement rules inappro-
priate. For these reasons, an exception must therefore be
made for public service contracts for the purchase, devel-
opment, production or co-production of off-the-shelf
such as
programmes and other preparatory services,
performances
artistic
those
the programme and
necessary for
this
contracts concerning broadcasting times. However,
exclusion does not apply to the supply of
technical
equipment necessary for the production, co-production
and broadcasting of such programmes.

scripts
the production of

relating

or

to

(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) In accordance with the Agreement, the financial services
covered by this Directive do not include instruments of
reserve
monetary policy, exchange rates, public debt,
management or other policies involving transactions in
in particular
securities or other
transactions by the
to raise
money or capital. Accordingly, contracts relating to the
issue, purchase, sale or transfer of securities or other
financial
instruments are not covered. Central bank
services are also excluded.

contracting authorities

instruments,

financial

tenders

standard,

in the absence thereof,
based

(27) The technical specifications drawn up by public purchasers
need to allow public procurement to be opened up to
competition. To this end, it must be possible to submit
tenders which reflect the diversity of technical solutions.
Accordingly, it must be possible to draw up the technical
functional performance and
specifications in terms of
is made to the
requirements, and, where
reference
to the
European standard or,
national
equivalent
arrangements must be considered by contracting auth-
orities. To demonstrate equivalence, tenderers should be
permitted to use any form of evidence. Contracting auth-
orities must be able to provide a reason for any decision
that equivalence does not exist in a given case. Contracting
authorities that wish to define environmental requirements
for the technical specifications of a given contract may lay
down the environmental characteristics and/or specific
environmental effects of product groups or
services.
They can, but are not obliged to, use appropriate specifi-
cations that are defined in eco-labels, such as the European
Eco-label, (multi-)national eco-labels or any other eco-label
providing the requirements for the label are drawn up and

on

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adopted on the basis of scientific information using a
procedure in which stakeholders, such as government
and
bodies,
environmental
and
is accessible and available to all
providing the label
interested parties.

consumers, manufacturers,
can
organisations

distributors
participate,

(28) Additional

information concerning contracts must, as is
customary in Member States, be given in the contract
documents for each contract or else in an equivalent
document.

in the way of

integrated transport

the market can offer

(29) Contracting authorities which carry out exceptionally
this being due to any
complex projects may, without
fault on their part,
find it objectively impossible to
define the means of satisfying their needs or of assessing
what
technical
solutions and/or financial/legal solutions. This situation
may arise in particular with the implementation of
important
infrastructure projects,
large computer networks or projects involving complex
and structured financing the financial and legal make-up
of which cannot be defined in advance. To the extent that
use of open or restricted procedures does not allow the
award of such contracts, a flexible procedure should be
provided which preserves not only competition between
economic operators but also the need for the contracting
authorities to discuss all aspects of the contract with each
candidate. However, this procedure must not be used in
such a way as
competition,
particularly by altering any fundamental aspects of the
offers, or by imposing substantial new requirements on
the successful
tenderer, or by involving any tenderer
other than the one selected as the most economically
advantageous.

to restrict or distort

(30) In order to encourage the involvement of small and
medium-sized undertakings
contracts
procurement market, it is advisable to include provisions
on subcontracting.

in the public

(31) Contract performance conditions are compatible with this
Directive provided that they are not directly or indirectly
discriminatory and are indicated in the contract notice or
in particular, be
in the contract documents. They may,
the
training,
intended to favour on-site vocational
employment of people experiencing particular difficulty
in achieving integration, the fight against unemployment
instance,
or
the
mention may be made, amongst other things, of
the
requirements — applicable during performance of
contract — to recruit
to
long-term job-seekers or
implement
the unemployed or
young persons, to comply in substance with the provisions
the basic International Labour Organisation (ILO)
of

the environment. For

the protection of

training measures

for

Conventions, assuming that such provisions have not
been implemented in national
law, and to recruit more
handicapped persons than are required under national
legislation.

(32) The laws, regulations and collective agreements, at both
national and Community level, which are in force in the
areas of welfare and safety at work apply during
performance of a public contract, providing that such
rules, and their application, comply with Community
law. In cross-border situations, where workers from one
Member State provide services in another Member State
for the purpose of performing a public contract, Directive
96/71/EC of the European Parliament and of the Council
of 16 December 1996 concerning the posting of workers
in the framework of the provision of services (1) lays down
the minimum conditions which must be observed by the
host country in respect of such posted workers. If national
law contains provisions to this effect, non-compliance
with those obligations may be considered to be grave
misconduct or an offence concerning the professional
liable to
conduct of the economic operator concerned,
lead to the exclusion of that economic operator from
the procedure for the award of a public contract.

(33) In view of new developments

the

and

technology,

in information and
communications
simplifications
these can bring in terms of publicising contracts and the
efficiency and transparency of procurement processes,
electronic means should be put on a par with traditional
means of communication and information exchange. As
far as possible, the means and technology chosen should
be compatible with the technologies used in other Member
States.

(34) To ensure development of effective competition in the
field of public contracts,
is necessary that contract
it
notices drawn up by the contracting authorities of
Member States be advertised throughout the Community.
The information contained in these notices must enable
economic operators
in the Community to determine
whether the proposed contracts are of interest to them.
For this purpose, it is appropriate to give them adequate
the contract and the
information on the object of
conditions attached thereto.
Improved visibility should
therefore be ensured for public notices by means of appro-
priate instruments, such as standard contract notice forms
and the Common Procurement Vocabulary (CPV) provided
for in Regulation (EC) No 2195/2002 of the European
Parliament and of the Council (2) as the reference nomen-
In restricted procedures,
clature for public contracts.
advertisement
intended to enable
contractors of Member States to express their interest in
contracts by seeking from the contracting authorities invi-
tations to tender under the required conditions.

is, more particularly,

(1) OJ L 18, 21.1.1997, p. 1.
(2) OJ L 340, 16.12.2002, p. 1.

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Official Journal of the European Union

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in particular

electronic
the European Parliament and of

(35) Directive 1999/93/EC of the European Parliament and of
the Council of 13 December 1999 on a Community
signatures (1) and Directive
framework for
2000/31/EC of
the
Council of 8 June 2000 on certain legal aspects of
information society services,
electronic
commerce, in the internal market (‘Directive on electronic
commerce’) (2) should,
in the context of this Directive,
apply to the transmission of
information by electronic
means. The public procurement procedures and the rules
applicable to service contests require a level of security
and confidentiality higher than that required by these
Directives. Accordingly,
the electronic
receipt of offers, requests to participate and plans and
additional
projects
requirements. Moreover,
voluntary
accreditation schemes
favourable
framework for enhancing the level of certification service
provision for these devices.

specific
existence of
a

could constitute

the devices for

comply with

should

the

(36) The use of electronic means leads to savings in time. As a
result, provision should be made
reducing the
minimum periods where electronic means are used,
subject, however,
are
compatible with the
transmission
envisaged at Community level.

specific mode of

condition that

to the

they

for

(37) Verification of

tenderers,

authorities may

the suitability of

in open
procedures, and of candidates, in restricted and negotiated
procedures with publication of a contract notice and in
the competitive dialogue, and the selection thereof, should
be carried out in transparent conditions. For this purpose,
non-discriminatory criteria should be indicated which the
contracting
selecting
competitors and the means which economic operators
In
may use to prove they have satisfied those criteria.
the same spirit of transparency, the contracting authority
should be required, as soon as a contract is put out to
competition, to indicate the selection criteria it will use
and the level of specific competence it may or may not
demand of the economic operators before admitting them
to the procurement procedure.

use when

(38) A contracting authority may limit

contract notice,

the number of
candidates in the restricted and negotiated procedures
with publication of a
and in the
competitive dialogue. Such a reduction of candidates
should be performed on the basis of objective criteria
indicated in the contract notice. These objective criteria
do not necessarily imply weightings. For criteria relating
to the personal situation of economic operators, a general
reference in the contract notice to the situations set out in
Article 45 may suffice.

(39) In the competitive dialogue and negotiated procedures
with publication of a contract notice, in view of the flexi-
bility which may be required and the high level of costs
associated with such methods of procurement, contracting
authorities should be entitled to make provision for the
procedure to be conducted in successive stages in order
gradually to reduce, on the basis of previously indicated
contract award criteria, the number of tenders which they
will go on to discuss or negotiate. This reduction should,
solutions or
the number of appropriate
insofar as
candidates
genuine
is
there
allows,
competition.

ensure

that

(40) 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.

the

competent authorities of

(41) The award of public contracts to economic operators who
have participated in a criminal organisation or who have
fraud to the
been found guilty of corruption or of
detriment of
the European
interests of
the financial
Communities or of money laundering should be avoided.
Where appropriate, the contracting authorities should ask
candidates or tenderers to supply relevant documents and,
where they have doubts concerning the personal situation
of a candidate or tenderer, they may seek the cooperation
the Member State
of
concerned. The exclusion of such economic operators
should take place as soon as the contracting authority
has knowledge of a judgment concerning such offences
rendered in accordance with national
law that has the
force of res judicata. If national law contains provisions
to this effect, non-compliance with environmental
legis-
lation or legislation on unlawful agreements in public
contracts which has been the subject of a definitive
judgment or a decision having equivalent effect may be
considered an offence concerning the professional conduct
of the economic operator concerned or grave misconduct.

(42) In appropriate cases,

justifies

services

applying

in which the nature of the works
and/or
environmental
management measures or schemes during the performance
of a public contract, the application of such measures or
schemes may be required. Environmental management
they are registered under
schemes, whether or not
(EC)
such
Community
as Regulation
No 761/2001 (3)
the
that
can demonstrate
to
economic operator has
capability
technical
the
perform the contract. Moreover, a description of
measures
to
implemented by the economic operator
ensure
environmental protection
should be accepted as an alternative to environmental
management registration schemes as a form of evidence.

instruments

level of

(EMAS),

same

the

the

(1) OJ L 13, 19.1.2000, p. 12.
(2) OJ L 178, 17.7.2000, p. 1.

(3) Regulation (EC) No 761/2001 of the European Parliament and of
the Council of 19 March 2001 allowing a voluntary participation
by organisations in a Community eco-management and audit
scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).

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regards official
is important
it

(43) This Directive allows Member States to establish official
lists of contractors, suppliers or service providers or a
system of certification by public or private bodies, and
makes provision for the effects of such registration or
such certification in a contract award procedure in
lists of
another Member State. As
approved economic operators,
to take
into account Court of Justice case law in cases where an
economic operator belonging to a group claims
the
technical capabilities of other
economic,
companies in the group in support of its application for
registration. In this case, it is for the economic operator to
prove that those resources will actually be available to it
throughout the period of validity of the registration. For
the purposes of that registration, a Member State may
therefore determine the level of requirements to be met
and in particular, for example where the operator lays
claim to the financial standing of another company in
that company be held
the group,
liable, if necessary jointly and severally.

it may require that

financial or

contract, as defined in the technical specifications, and the
value for money of each tender to be measured.

should enable tenders
If

In order to guarantee equal treatment, the criteria for the
award of
to be
the contract
compared and assessed objectively.
these conditions
are fulfilled, economic and qualitative criteria for the
the contract, such as meeting environmental
award of
requirements, may enable the contracting authority to
meet the needs of the public concerned, as expressed in
same
the
the
conditions, a contracting authority may use
criteria
in response in
aiming to meet
particular to the needs — defined in the specifications of
the contract — of particularly disadvantaged groups of
people
the works,
supplies or services which are the object of the contract
belong.

to which those

specifications of

contract. Under

receiving/using

requirements,

social

the

(44) The contract should be awarded on the basis of objective
criteria which ensure compliance with the principles of
treatment
transparency, non-discrimination and equal
and which guarantee
assessed in
conditions of effective competition. As a result, it is appro-
priate to allow the application of two award criteria only:
‘the lowest price’ and ‘the most economically advantageous
tender’.

tenders

that

are

compliance with the principle of

To ensure
equal
treatment in the award of contracts, it is appropriate to
lay down an obligation — established by case law — to
ensure the necessary transparency to enable all tenderers
to be reasonably informed of the criteria and arrangements
which will be applied to identify the most economically
advantageous tender. It is therefore the responsibility of
contracting authorities to indicate the criteria for the
award of the contract and the relative weighting given
to each of those criteria in sufficient time for tenderers
to be aware of
tenders.
Contracting authorities may derogate from indicating the
weighting of the criteria for the award in duly justified
cases for which they must be able to give reasons,
where the weighting cannot be established in advance,
in particular on account of
the
contract. In such cases, they must indicate the descending
order of importance of the criteria.

them when preparing their

the complexity of

Where the contracting authorities choose to award a
contract to the most economically advantageous tender,
they shall assess the tenders in order to determine which
one offers the best value for money. In order to do this,
they shall determine the economic and quality criteria
taken as a whole, must make it possible to
which,
determine the most economically advantageous tender
for the contracting authority. The determination of these
criteria depends on the object of the contract since they
must allow the level of performance offered by each
tender to be assessed in the light of the object of the

(45) In the case of public service contracts, 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, engineers or lawyers.

(46) 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. The lists of
contracting authorities in the Annexes will also need to
be updated. It is therefore appropriate to put in place a
flexible and rapid adoption procedure for this purpose.

(47) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1).

for

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

(49) This Directive should not prejudice the time-limits set out
in Annex XI, within which Member States are required to
transpose and apply Directives 92/50/EEC, 93/36/EEC and
93/37/EEC,

HAVE ADOPTED THIS DIRECTIVE:

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 124, 8.6.1971, p. 1.

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TABLE OF CONTENTS

TITLE I

Definitions and general principles

Article 1

— Definitions

Article 2

— Principles of awarding contracts

Article 3

— Granting of special or exclusive rights: non-discrimination clause

TITLE II

Rules on public contracts

CHAPTER I

General provisions

Article 4

— Economic operators

Article 5

— Conditions relating to the agreements concluded within the World Trade Organisation

Article 6

— Confidentiality

CHAPTER II

Scope

S e c t i o n 1 — Thresholds

Article 7

— Threshold amounts for public contracts

Article 8

— Contracts subsidised by more than 50 % by contracting authorities

Article 9

— Methods for calculating the estimated value of public contracts, framework agreements and dynamic

purchasing systems

S e c t i o n 2 — Specific situations

Article 10

— Defence procurement

Article 11

— Public contracts and framework agreements awarded by central purchasing bodies

S e c t i o n 3 — Excluded contracts

Article 12

— Contracts in the water, energy, transport and postal services sectors

Article 13

— Specific exclusions in the field of telecommunications

Article 14

— Secret contracts and contracts requiring special security measures

Article 15

— Contracts awarded pursuant to international rules

Article 16

— Specific exclusions

Article 17

— Service concessions

Article 18

— Service contracts awarded on the basis of an exclusive right

S e c t i o n 4 — Special arrangement

Article 19

— Reserved contracts

CHAPTER III

Arrangements for public service contracts

Article 20

— Service contracts listed in Annex II A

Article 21

— Service contracts listed in Annex II B

Article 22

— Mixed contracts including services listed in Annex II A and services listed in Annex II B

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CHAPTER IV

Specific rules governing specifications and contract documents

Article 23

— Technical specifications

Article 24

— Variants

Article 25

— Subcontracting

Article 26

— Conditions for performance of contracts

Article 27

— Obligations relating to taxes, environmental protection, employment protection provisions and

working conditions

CHAPTER V

Procedures

Article 28

— Use of open, restricted and negotiated procedures and of competitive dialogue

Article 29

— Competitive dialogue

Article 30

— Cases justifying use of the negotiated procedure with prior publication of a contract notice

Article 31

— Cases justifying use of the negotiated procedure without publication of a contract notice

Article 32

— Framework agreements

Article 33

— Dynamic purchasing systems

Article 34

— Public works contracts: particular rules on subsidised housing schemes

CHAPTER VI

Rules on advertising and transparency

S e c t i o n 1 — Publication of notices

Article 35

— Notices

Article 36

— Form and manner of publication of notices

Article 37

— Non-mandatory publication

S e c t i o n 2 — Time-limits

Article 38

— Time-limits for receipt of requests to participate and for receipt of tenders

Article 39

— Open procedures: Specifications, additional documents and information

S e c t i o n 3 — Information content and means of transmission

Article 40

— Invitations to submit a tender, participate in the dialogue or negotiate

Article 41

— Informing candidates and tenderers

S e c t i o n 4 — Communication

Article 42

— Rules applicable to communication

S e c t i o n 5 — Reports

Article 43

— Content of reports

CHAPTER VII

Conduct of the procedure

S e c t i o n 1 — General provisions

Article 44

— Verification of the suitability and choice of participants and award of contracts

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S e c t i o n 2 — Criteria for qualitative selection

Article 45

— Personal situation of the candidate or tenderer

Article 46

— Suitability to pursue the professional activity

Article 47

— Economic and financial standing

Article 48

— Technical and/or professional capability

Article 49

— Quality assurance standards

Article 50

— Environmental management standards

Article 51

— Additional documentation and information

Article 52

— Official lists of approved economic operators and certification by bodies established in public or

private law

S e c t i o n 3 — Award of the contract

Article 53

— Contract award criteria

Article 54

— Use of electronic auctions

Article 55

— Abnormally low tenders

TITLE III

RULES ON PUBLIC WORKS CONCESSIONS

CHAPTER I

Rules governing public works concessions

Article 56

— Scope

Article 57

— Exclusions from the scope

Article 58

— Publication of the notice concerning public works concessions

Article 59

— Time limits

Article 60

— Subcontracting

Article 61

— Awarding of additional works to the concessionaire

CHAPTER II

Rules on contracts awarded by concessionaires which are contracting authorities

Article 62

— Rules applicable

CHAPTER III

Rules applicable to contracts awarded by concessionaires which are not contracting authorities

Article 63

— Advertising rules: threshold and exceptions

Article 64

— Publication of the notice

Article 65

— Time limit for the receipt of requests to participate and receipt of tenders

TITLE IV

Rules governing design contests

Article 66

— General provisions

Article 67

— Scope

Article 68

— Exclusions from the scope

Article 69

— Notices

Article 70

— Form and manner of publication of notices of contests

Article 71

— Means of communication

Article 72

— Selection of competitors

Article 73

— Composition of the jury

Article 74

— Decisions of the jury

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TITLE V

Statistical duties, executory powers and final provisions

Article 75

— Statistical duties

Article 76

— Content of statistical report

Article 77

— Advisory Committee

Article 78

— Revision of the thresholds

Article 79

— Amendments

Article 80

— Implementation

Article 81

— Repeals

Article 82

— Entry into force

Article 83

— Addressees

ANNEXES

Annex I

— List of the activities referred to in Article 1(2)(b)

Annex II

— Services referred to in Article 1(2)(d)

Annex II A

Annex II B

Annex III

— List of bodies and categories of bodies governed by public law referred to in the second

subparagraph of Article 1(9)

Annex IV

— Central Government authority

Annex V

— List of products referred to in Article 7 with regard to contracts awarded by contracting authorities

in the field of defence

Annex VI

— Definition of certain technical specifications

Annex VII

— Information to be included in notices

Annex VII A — Information to be included in public contract notices

Annex VII B — Information which must appear in public works concession notices

Annex VII C — Information which must appear

in works contracts notices of concessionaires who are not

contracting authorities

Annex VII D — Information which must appear in design contest notices

Annex VIII — Features concerning publication

Annex IX

— Registers

Annex IX A — Public works contracts

Annex IX B — Public supply contracts

Annex IX C — Public service contracts

Annex X

— Requirements relating to equipment for the electronic receipt of tenders, requests to participate and

plans and projects in design contests

Annex XI

— Deadlines for transposition and application (Article 80)

Annex XII

— Correlation table

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TITLE I

DEFINITIONS AND GENERAL PRINCIPLES

Article 1

Definitions

For the purposes of this Directive, the definitions set out

1.
in paragraphs 2 to 15 shall apply.

2. (a) ‘Public contracts’ are contracts for pecuniary interest
concluded in writing between one or more economic
operators and one or more contracting authorities and
having as their object the execution of works, the supply
of products or the provision of services within the
meaning of this Directive.

(b) ‘Public works contracts’ are public contracts having as
their object either the execution, or both the design and
execution, of works related to one of
the activities
within the meaning of Annex I or a work, or the real-
isation, by whatever means, of a work corresponding to
the requirements specified by the contracting authority.
A ‘work’ means the outcome of building or civil engin-
eering works taken as a whole which is sufficient of
itself to fulfil an economic or technical function.

(c) ‘Public supply contracts’ are public contracts other than
those referred to in (b) having as their object
the
rental or hire purchase, with or
purchase,
without option to buy, of products.

lease,

‘Public works concession’ is a contract of the same type
3.
as a public works contract except
the
consideration for the works to be carried out consists either
solely in the right to exploit the work or in this right together
with payment.

the fact

that

for

service

‘Service concession’ is a contract of the same type as a
the
the provision of services consists either
the service or in this right

4.
public
consideration for
solely in the right
together with payment.

to exploit

contract

except

that

fact

the

for

5.
A ‘framework agreement’ is an agreement between one or
more contracting authorities and one or more economic
operators,
the purpose of which is to establish the terms
governing contracts to be awarded during a given period, in
particular with regard to price and, where appropriate, the
quantity envisaged.

A ‘dynamic purchasing system’ is a completely electronic
6.
process for making commonly used purchases,
the charac-
teristics of which, as generally available on the market, meet
the requirements of the contracting authority, which is limited
in duration and open throughout its validity to any economic
operator which satisfies the selection criteria and has submitted
an indicative tender that complies with the specification.

A public contract having as its object the supply of
products and which also covers, as an incidental
matter, the siting and installation operations shall be
considered to be a ‘public supply contract’.

7.
An ‘electronic auction’ is a repetitive process involving an
electronic device for the presentation of new prices, revised
downwards, and/or new values concerning certain elements
of tenders, which occurs after an initial full evaluation of the
tenders, enabling them to be ranked using automatic evaluation
methods.

(d) ‘Public service contracts’ are public contracts other than
public works or supply contracts having as their object
the provision of services referred to in Annex II.

A public contract having as its object both products and
services within the meaning of Annex II
shall be
considered to be a ‘public service contract’ if the value
of the services in question exceeds that of the products
covered by the contract.

The terms ‘contractor’,

8.
‘supplier’ and ‘service provider’
mean any natural or legal person or public entity or group
of such persons and/or bodies which offers on the market,
respectively, the execution of works and/or a work, products
or services.

The term ‘economic operator’ shall cover equally the concepts
of contractor, supplier and service provider. It is used merely in
the interest of simplification.

A public contract having as its object services within the
meaning of Annex II and including activities within the
meaning of Annex I that are only incidental
to the
principal object of the contract shall be considered to
be a public service contract.

An economic operator who has submitted a tender shall be
designated a ‘tenderer’. One which has sought an invitation to
take part
in a restricted or negotiated procedure or a
competitive dialogue shall be designated a ‘candidate’.

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‘Contracting authorities’ means the State, regional or local
9.
authorities, bodies governed by public law, associations formed
by one or several of such authorities or one or several of such
bodies governed by public law.

‘Negotiated procedures’ means those procedures whereby the
contracting authorities consult the economic operators of their
choice and negotiate the terms of contract with one or more of
these.

A ‘body governed by public law’ means any body:

(a) established for the specific purpose of meeting needs in the
interest, not having an industrial or commercial

general
character,

‘Design contests’ means those procedures which enable the
contracting authority to acquire, mainly in the fields of town
and country planning, architecture and engineering or data
processing, a plan or design selected by a jury after being
put out to competition with or without the award of prizes.

(b) having legal personality and

(c)

financed, for the most part, by the State, regional or local
authorities, or other bodies governed by public law; or
subject to management supervision by those bodies; or
having
supervisory
board, more than half of whose members are appointed
by the State, regional or local authorities, or by other
bodies governed by public law.

an administrative, managerial or

‘Written’ or ‘in writing’ means any expression consisting
reproduced and
information

12.
of words or
subsequently communicated.
which is transmitted and stored by electronic means.

figures which can be read,

It may include

13.
‘Electronic means’ means using electronic equipment for
the processing (including digital compression) and storage of
data which is transmitted, conveyed and received by wire, by
radio, by optical means or by other electromagnetic means.

lists of bodies and categories of bodies
Non-exhaustive
governed by public law which fulfil the criteria referred to in
(a), (b) and (c) of the second subparagraph are set out in Annex
III. Member States shall periodically notify the Commission of
any changes to their lists of bodies and categories of bodies.

14.
The ‘Common Procurement Vocabulary (CPV)’ shall
designate the reference nomenclature applicable to public
contracts as adopted by Regulation (EC) No 2195/2002,
while ensuring equivalence with the other existing nomen-
clatures.

A ‘central purchasing body’

is a contracting authority

10.
which:

— acquires supplies and/or services intended for contracting

authorities or

In the event of varying interpretations of the scope of this
Directive, owing to possible differences between the CPV and
NACE nomenclatures listed in Annex I, or between the CPV
and CPC (provisional version) nomenclatures listed in Annex II,
the NACE or the CPC nomenclature respectively shall take
precedence.

— awards

public

framework
agreements for works, supplies or services intended for
contracting authorities.

concludes

contracts

or

‘Open procedures’ means those procedures whereby any

11.
interested economic operator may submit a tender.

‘Restricted procedures’ means those procedures in which any
economic operator may request to participate and whereby
only those economic operators invited by the contracting
authority may submit a tender.

request

to participate

‘Competitive dialogue’ is a procedure in which any economic
the
operator may
contracting authority conducts a dialogue with the candidates
admitted to that procedure, with the aim of developing one or
more suitable alternatives capable of meeting its requirements,
and on the basis of which the candidates chosen are invited to
tender.

and whereby

15.
For the purposes of Article 13, Article 57(a) and Article
68(b), the following phrases shall have the following meanings:

(a)

‘public telecommunications network’ means the public tele-
communications infrastructure which enables signals to be
conveyed between defined network termination points by
wire, by microwave, by optical means or by other electro-
magnetic means;

(b) a

all
physical
termination
‘network
specifications
and their
connections
which form part of
telecommunications
network and are necessary for access to, and efficient
communication through, that public network;

point’ means
access

technical
the public

(c)

‘public telecommunications services’ means telecommuni-
the provision of which the Member
cations
States have specifically assigned to,
in particular to one
or more telecommunications entities;

services

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(d) ‘telecommunications services’ means services the provision
of which consists wholly or partly in the transmission and
routing of
signals on the public telecommunications
network by means of telecommunications processes, with
the exception of broadcasting and television.

Article 2

Principles of awarding contracts

Contracting authorities shall treat economic operators equally
and non-discriminatorily and shall act in a transparent way.

Article 3

Granting of special or exclusive rights: non-discrimination
clause

Where a contracting authority grants special or exclusive rights
to carry out a public service activity to an entity other than
such a contracting authority, the act by which that right is
granted shall provide that, in respect of the supply contracts
which it awards to third parties as part of its activities, the
entity
comply with the principle of
non-discrimination on the basis of nationality.

concerned must

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER I

General provisions

Article 4

Economic operators

Candidates or

tenderers who, under

1.
the
Member State in which they are established, are entitled to
provide the relevant service, shall not be rejected solely on
the grounds that, under the law of
the Member State in
which the contract
they would have been
required to be either natural or legal persons.

is awarded,

the law of

in the case of public service and public works
However,
contracts as well as for public supply contracts covering in
addition services and/or siting and installation operations,
legal persons may be required to indicate in the tender or
the request to participate, the names and relevant professional
qualifications of the staff to be responsible for the performance
of the contract in question.

2.
Groups of economic operators may submit tenders or put
themselves forward as candidates. In order to submit a tender
or a request to participate, these groups may not be required
by the contracting authorities to assume a specific legal form;
however, the group selected may be required to do so when it
has been awarded the contract, to the extent that this change is
necessary for the satisfactory performance of the contract.

Article 5

Conditions relating to agreements concluded within the
World Trade Organisation

favourable as

shall apply in their

For the purposes of the award of contracts by contracting
relations
authorities, Member States
conditions as
to
economic operators of third countries in implementation of
the Agreement on Government Procurement
(hereinafter
referred to as ‘the Agreement’), concluded in the framework
the Uruguay Round multilateral negotiations. Member
of

those which they grant

States shall,
Advisory Committee for Public Contracts
Article 77 on the measures to be taken pursuant
Agreement.

to this end, consult one another within the
referred to in
to the

Article 6

Confidentiality

This Directive shall not limit the right of economic operators
to require a contracting authority,
in accordance with the
national law to which it is subject, to respect the confidential
such
nature of
information may include,
trade
secrets and the confidential aspects of tenders.

information which they make available;
technical or
in particular,

CHAPTER II

Scope

S e c t i o n 1

Thresholds

Article 7

Threshold amounts for public contracts

This Directive shall apply to public contracts which are not
excluded in accordance with the exceptions provided for in
Articles 10 and 11 and Articles 12 to 18 and which have a
value exclusive of value-added tax (VAT) estimated to be equal
or greater than the following thresholds:

(a) EUR 162 000 for public supply and service contracts
third indent,
others than those covered by point
awarded by contracting authorities which are listed as
central government authorities in Annex IV;
in the case
of public supply contracts awarded by contracting auth-
orities operating in the field of defence, this shall apply
only to contracts involving products covered by Annex V;

(b),

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(b) EUR 249 000

Article 9

— for public supply and service contracts awarded by
listed in

than those

contracting authorities other
Annex IV;

— for public supply contracts awarded by contracting
authorities which are listed in Annex IV and operate
in the field of defence, where these contracts involve
products not covered by Annex V;

— for public service contracts awarded by any contracting
authority in respect of the services listed in Category 8
of Annex II A, Category 5 telecommunications services
the positions of which in the CPV are equivalent to CPC
reference Nos 7524, 7525 and 7526 and/or the services
listed in Annex II B.

(c) EUR 6 242 000 for public works contracts.

Article 8

Contracts subsidised by more than 50 % by contracting
authorities

This Directive shall apply to the awarding of:

(a) contracts which are subsidised directly by contracting auth-
orities by more than 50 % and the estimated value of
which, net of VAT,
than
EUR 6 242 000,

to or greater

equal

is

— where those contracts involve civil engineering activities

within the meaning of Annex I;

— where

those

contracts

involve building work for
hospitals, facilities intended for sports, recreation and
leisure, school and university buildings and buildings
used for administrative purposes;

(b) service

are

by
contracts which
than 50 % and the
contracting authorities by more
estimated value of which, net of VAT,
to or
is equal
greater than EUR 249 000 and which are connected with
a works contract within the meaning of (a).

subsidised

directly

Member States shall take the necessary measures to ensure that
the contracting authorities awarding such subsidies ensure
compliance with this Directive where
is
awarded by one or more entities other than themselves or
comply with this Directive where they themselves award that
contract for and on behalf of those other entities.

contract

that

Methods for calculating the estimated value of public
contracts, framework agreements and dynamic purchasing
systems

The calculation of

1.
the estimated value of a public
contract shall be based on the total amount, net of VAT,
payable as estimated by the contracting authority. This calcu-
the estimated total amount,
lation shall
including any form of option and any renewals of the contract.

take account of

the contracting authority provides

Where
for prizes or
payments to candidates or tenderers it shall take them into
account when calculating the estimated value of the contract.

2.
This estimate must be valid at the moment at which the
contract notice is sent, as provided for in Article 35(2), or, in
cases where such notice is not required, at the moment at
which the contracting authority commences
the contract
awarding procedure.

3.
No works project or proposed purchase of a certain
quantity of supplies and/or services may be subdivided to
prevent its coming within the scope of this Directive.

4. With regard to public works contracts, calculation of the
estimated value shall take account of both the cost of the
works and the total estimated value of the supplies necessary
for executing the works and placed at the contractor's disposal
by the contracting authorities.

5. (a) Where a proposed work or purchase of services may
result in contracts being awarded at the same time in
the form of separate lots, account shall be taken of the
total estimated value of all such lots.

Where the aggregate value of the lots is equal to or
exceeds
this
Directive shall apply to the awarding of each lot.

the threshold laid down in Article 7,

the contracting authorities may waive such
However,
application in respect of
lots the estimated value of
which net of VAT is less than EUR 80 000 for services
or EUR 1 million for works, provided that the aggregate
cost of those lots does not exceed 20 % of the aggregate
value of the lots as a whole.

(b) Where a proposal for the acquisition of similar supplies
may result in contracts being awarded at the same time
in the form of separate lots, account shall be taken of the
total estimated value of all such lots when applying
Article 7(a) and (b).

Where the aggregate value of the lots is equal to or
exceeds
this
Directive shall apply to the awarding of each lot.

the threshold laid down in Article 7,

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the contracting authorities may waive such
However,
application in respect of
lots, the estimated value of
which, net of VAT, is less than EUR 80 000, provided
that the aggregate cost of those lots does not exceed
20 % of the aggregate value of the lots as a whole.

6. With regard to public supply contracts relating to the
leasing, hire, rental or hire purchase of products, the value to
be taken as a basis for calculating the estimated contract value
shall be as follows:

(a)

in the case of fixed-term public contracts, if that term is
less than or equal to twelve months, the total estimated
value for the term of the contract or, if the term of the
contract
is greater than twelve months, the total value
including the estimated residual value;

(b) in the case of public contracts without a fixed term or the
the monthly value

term of which cannot be defined,
multiplied by 48.

In the case of public supply or service contracts which
7.
are regular in nature or which are intended to be renewed
within a given period,
the estimated
the calculation of
contract value shall be based on the following:

(a) either the total actual value of the successive contracts of
the same type awarded during the preceding twelve months
or financial year, if possible adjusted to take account of the
changes in quantity or value which would occur in the
course of the twelve months following the initial contract;

(b) or the total estimated value of the successive contracts
awarded during the twelve months following the first
delivery, or during the financial year if
is longer
than twelve months.

that

The choice of method used to calculate the estimated value of a
public contract may not be made with the intention of
excluding it from the scope of this Directive.

8. With regard to public service contracts, the value to be
taken as a basis for calculating the estimated contract value
shall be, where appropriate, the following:

(a)

for the following types of services:

(i) insurance services:

the premium payable and other

forms of remuneration;

(ii) banking

and other

financial

services:

commissions,
eration;

interest and other

forms of

the

fees,
remun-

(iii) design contracts: fees, commission payable and other

forms of remuneration;

(b) for service contracts which do not indicate a total price:

(i) in the case of fixed-term contracts, if that term is less
than or equal to forty-eight months: the total value for
their full term;

(ii) in the case of contracts without a fixed term or with a
the monthly

than forty-eight months:

term greater
value multiplied by 48.

9. With regard to framework agreements and dynamic
purchasing systems, the value to be taken into consideration
shall be the maximum estimated value net of VAT of all the
the framework
term of
the total
contracts envisaged for
agreement or the dynamic purchasing system.

S e c t i o n 2

Specific situations

Article 10

Defence procurement

This Directive shall apply to public contracts awarded by
to
contracting authorities in the field of defence, subject
Article 296 of the Treaty.

Article 11

Public contracts and framework agreements awarded by
central purchasing bodies

1. Member States may stipulate that contracting authorities
may purchase works, supplies and/or services from or through
a central purchasing body.

2.
Contracting authorities which purchase works, supplies
and/or services from or through a central purchasing body in
the cases set out in Article 1(10) shall be deemed to have
complied with this Directive insofar as the central purchasing
body has complied with it.

S e c t i o n 3

Excluded contracts

Article 12

Contracts in the water, energy,

transport and postal

services sectors

This Directive shall not apply to public contracts which, under
Directive 2003/. . ./EC, are awarded by contracting authorities
exercising one or more of the activities referred to in Articles 3
to 7 of that Directive and are awarded for the pursuit of those
activities, or to public contracts excluded from the scope of
that Directive under Article 5(2) and Articles 19, 26 and 30
thereof.

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this Directive shall continue to apply to public
However,
contracts awarded by contracting authorities carrying out one
or more of the activities referred to in Article 6 of Directive
insofar as the
2003/. . ./EC and awarded for those activities,
the option
Member State concerned takes advantage of
referred to in the second subparagraph of Article 71 thereof
to defer its application.

Article 13

Specific exclusions in the field of telecommunications

This Directive shall not apply to public contracts for the
principal purpose of permitting the contracting authorities to
provide or exploit public telecommunications networks or to
provide to the public one or more telecommunications
services.

financial service
concerning rights thereon; nevertheless,
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;

(b) the acquisition, development, production or co-production
of programme material by broadcasters and contracts for
broadcasting time;

(c) arbitration and conciliation services;

(d) financial

services

transfer of

in connection with the issue,

sale,
financial
purchase or
instruments,
in particular transactions by the contracting
authorities to raise money or capital, and central bank
services;

securities or other

Article 14

(e) employment contracts;

Secret contracts and contracts requiring special security
measures

(f)

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

research and development services 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
contracting authority.

Article 17

Service concessions

Article 15

Contracts awarded pursuant to international rules

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

(a) pursuant

to an international agreement concluded in
conformity with the Treaty between a Member State and
one or more third countries and covering supplies or works
intended for the joint implementation or exploitation of a
work by the signatory States or services intended for the
joint implementation or exploitation of a project by the
signatory States; all agreements shall be communicated to
the Advisory
the Commission, which may
Committee for Public Contracts referred to in Article 77;

consult

(b) pursuant to a concluded international agreement relating to
the stationing of troops and concerning the undertakings of
a Member State or a third country;

(c) pursuant to the particular procedure of an international

organisation.

Article 16

Specific exclusions

This Directive shall not apply to public service contracts for:

Without prejudice to the application of Article 3, this Directive
shall not apply to service concessions as defined in Article 1(4).

Article 18

Service contracts awarded on the basis of an exclusive
right

This Directive shall not apply to public service contracts
awarded by a contracting authority to another contracting
authority or to an association of contracting authorities on
the basis of an exclusive right which they enjoy pursuant to
a published law, regulation or administrative provision which
is compatible with the Treaty.

S e c t i o n 4

Special arrangement

Article 19

Reserved contracts

Member States may reserve the right to participate in public
contract award procedures to sheltered workshops or provide
for such contracts to be executed in the context of sheltered
employment programmes where most of
employees
concerned are handicapped persons who, by reason of the
nature or the seriousness of their disabilities, cannot carry on
occupations under normal conditions.

the

(a) the acquisition or rental, by whatever financial means, of
land, existing buildings or other immovable property or

The contract notice shall make reference to this provision.

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CHAPTER III

Arrangements for public service contracts

Article 20

Service contracts listed in Annex II A

Contracts which have as their object services listed in Annex
II A shall be awarded in accordance with Articles 23 to 55.

Article 21

Service contracts listed in Annex II B

Contracts which have as their object services listed in Annex
II B shall be subject solely to Article 23 and Article 35(4).

Article 22

Mixed contracts including services listed in Annex II A
and services listed in Annex II B

Contracts which have as their object services listed both in
Annex II A and in Annex II B shall be awarded in accordance
with Articles 23 to 55 where the value of the services listed in
Annex II A is greater than the value of the services listed in
Annex II B.
In other cases, contracts shall be awarded in
accordance with Article 23 and Article 35(4).

CHAPTER IV

Specific rules governing specifications and contract
documents

Article 23

Technical specifications

The technical specifications as defined in point 1 of
1.
Annex VI shall be set out
in the contract documentation,
such as contract notices, contract documents or additional
documents.

Technical

for
2.
tenderers and not have the effect of creating unjustified
obstacles to the opening of public procurement to competition.

shall afford equal access

specifications

3. Without prejudice to compulsory national technical rules,
to the extent that they are compatible with Community law,
the technical specifications shall be formulated:

(a) either by reference to technical specifications defined in
to national
Annex VI and,
standards
European
European
technical approvals, common technical specifications, inter-
national standards, other technical reference systems estab-

in order of preference,

transposing

standards,

lished by the European standardisation bodies or — when
these do not exist — to national standards, national
technical approvals or national
specifications
relating to the design, calculation and execution of the
works and use of the products. Each reference shall be
accompanied by the words ‘or equivalent’;

technical

(b) or in terms of performance or functional requirements; the
latter may include environmental characteristics. However,
such parameters must be sufficiently precise to allow
tenderers to determine the subject-matter of the contract
and to allow contracting authorities to award the contract;

(c) or in terms of performance or functional requirements as
mentioned in (b), with reference to the specifications
mentioned in (a) as a means of presuming conformity
with such performance or functional requirements;

(d) or by referring to the specifications mentioned in (a) for
certain characteristics, and by referring to the performance
for other
or functional requirements mentioned in (b)
characteristics.

4. Where a contracting authority makes use of the option of
referring to the specifications mentioned in paragraph 3(a), it
cannot reject a tender on the grounds that the products and
services tendered for do not comply with the specifications to
which it has referred, once the tenderer proves in his tender to
the contracting authority, by whatever
the satisfaction of
appropriate means,
the solutions which he proposes
that
satisfy in an equivalent manner the requirements defined by
the technical specifications.

An appropriate means might be constituted by a technical
dossier of the manufacturer or a test report from a recognised
body.

5. Where a contracting authority uses the option laid down
in paragraph 3 to prescribe in terms of performance or func-
tional requirements,
it may not reject a tender for works,
products or services which comply with a national standard
transposing a European standard, with a European technical
approval, a common technical specification, an international
standard, a
system established by a
European standardisation body, if these specifications address
the performance or functional requirements which it has laid
down.

reference

technical

In his tender, the tenderer must prove to the satisfaction of the
contracting authority and by any appropriate means that the
work, product or service in compliance with the standard
meets the performance or
the
contracting authority.

requirements of

functional

An appropriate means might be constituted by a technical
dossier of the manufacturer or a test report from a recognised
body.

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in terms

6. Where contracting authorities lay down environmental
characteristics
functional
requirements as referred to in paragraph 3(b) they may use
the detailed specifications, or,
if necessary, parts thereof, as
defined by European or (multi-) national eco-labels, or by
and any other eco-label, providing that:

of performance

or

— those specifications are appropriate to define the charac-
teristics of the supplies or services that are the object of
the contract,

— the requirements for the label are drawn up on the basis of

scientific information,

— the eco-labels are adopted using a procedure in which all
consumers,
and environmental organi-

such as government bodies,

stakeholders,
manufacturers, distributors
sations can participate, and

The contracting authorities authorising variants shall state
3.
in the contract documents the minimum requirements to be
respected by the variants and any specific requirements for
their presentation.

4.
Only variants meeting the minimum requirements laid
down by these contracting authorities shall be taken into
consideration.

for awarding public supply or service
In the procedures
contracts,
authorised
contracting authorities which have
variants may not reject a variant on the sole ground that it
would lead, if successful, to either a service contract rather than
a public supply contract or a supply contract rather than a
public service contract.

— they are accessible to all interested parties.

Article 25

Subcontracting

The contracting authorities may indicate that the products and
services bearing the eco-label are presumed to comply with the
technical specifications laid down in the contract documents;
they must accept any other appropriate means of proof, such
as a technical dossier of the manufacturer or a test report from
a recognised body.

In the contract documents, the contracting authority may ask
or may be required by a Member State to ask the tenderer to
indicate in his tender any share of the contract he may intend
to third parties and any proposed subcon-
to subcontract
tractors.

‘Recognised bodies’, within the meaning of this Article,
7.
are test and calibration laboratories and certification and
inspection bodies which comply with applicable European
standards.

This indication shall be without prejudice to the question of
the principal economic operator's liability.

Contracting authorities shall accept certificates from recognised
bodies established in other Member States.

Article 26

Conditions for performance of contracts

Unless justified by the subject-matter of

8.
the contract,
technical specifications shall not refer to a specific make or
source, or a particular process, or to trade marks, patents,
types or a specific origin or production with the effect of
certain
favouring or
products. Such reference shall be permitted on an exceptional
basis, where a sufficiently precise and intelligible description of
the subject-matter of the contract pursuant to paragraphs 3
and 4 is not possible; such reference shall be accompanied
by the words ‘or equivalent’.

eliminating certain undertakings or

Article 24

Variants

1. Where the criterion for award is that of the most econ-
omically advantageous
tender, contracting authorities may
authorise tenderers to submit variants.

2.
The contracting authorities shall indicate in the contract
notice whether or not they authorise variants: variants shall not
be authorised without this indication.

Contracting authorities may lay down special conditions
relating to the performance of a contract, provided that these
are compatible with Community law and are indicated in the
conditions
contract notice or
governing the performance of a contract may,
in particular,
concern social and environmental considerations.

specifications. The

in the

Article 27

Obligations relating to taxes, environmental protection,
employment protection provisions and working conditions

to taxes,

appropriate

1.
The contracting authority may state in the contract
documents, or be obliged by a Member State to do so, the
body or bodies from which a candidate or tenderer may
information on the obligations
obtain the
relating
to the
and to the working
employment protection provisions
conditions which are in force in the Member State, region or
locality in which the works are to be carried out or services are
to be provided and which shall be applicable to the works
carried out on site or to the services provided during the
performance of the contract.

to environmental protection,

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The contracting authority which supplies the information
2.
referred to in paragraph 1 shall request
the tenderers or
candidates in the contract award procedure to indicate that
they have taken account, when drawing up their tender, of
the obligations relating to employment protection provisions
and the working conditions which are in force in the place
where the works are to be carried out or the service is to be
provided.

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

CHAPTER V

Procedures

Article 28

Use of open, restricted and negotiated procedures and of
competitive dialogue

In awarding their public contracts, the contracting authorities
shall apply the national procedures adjusted for the purposes of
this Directive.

They shall award these public contracts by applying the open
or restricted procedure. In the specific circumstances expressly
provided for in Article 29, the contracting authorities may
the competitive
award their public contracts by means of
dialogue. In the specific cases and circumstances referred to
expressly in Articles 30 and 31, they may apply a negotiated
procedure, with or without publication of the contract notice.

Article 29

Competitive dialogue

1. Member States may provide that where contracting auth-
orities consider that the use of the open or restricted procedure
will not allow the award of the contract, the latter may make
use of the competitive dialogue in accordance with this Article:

(a) where they are not objectively able to define the technical
(c) or (d),

means in accordance with Article 23(3)(b),
capable of satisfying their needs or objectives, and/or

(b) where they are not objectively able to specify the legal

and/or financial make-up of a project.

A public contract shall be awarded on the sole basis of the
award criterion for
the most economically advantageous
tender.

2.
The contracting authorities shall publish a contract notice
setting out their needs and requirements, which they shall
define in that notice and/or in a descriptive document.

The

contracting

shall open, with the
authorities
3.
candidates selected in accordance with the relevant provisions
of Articles 44 to 52, a dialogue the aim of which shall be to
identify and define the means best fitted to satisfy their needs.
They may discuss all aspects of the contract with the chosen
candidates during this dialogue.

During the dialogue, the contracting authorities shall ensure
equality of treatment among all tenderers. In particular, they
shall not provide information in a discriminatory manner
which may give some tenderers an advantage over others.

to the other
The contracting authorities may not
participants
confidential
or
proposed
solutions
information communicated by a candidate participating in
the dialogue without his/her agreement.

reveal
other

The

contracting

authorities may provide

the
4.
procedure to take place in successive stages in order
to
reduce the number of solutions to be discussed during the
dialogue stage by applying the award criteria in the contract
notice or the descriptive document. The contract notice or the
descriptive document shall indicate that recourse may be had
to this option.

for

The contracting authority shall continue such dialogue
5.
until
if necessary
it can identify the solution or solutions,
after comparing them, which are capable of meeting its needs.

Having declared that

6.
the dialogue is concluded and
having so informed the participants, contracting authorities
shall ask them to submit their final tenders on the basis of
the solution or solutions presented and specified during the
elements
shall
dialogue. These
required and necessary for the performance of the project.

contain all

tenders

the

These tenders may be clarified and specified at the request of
the contracting authority. However, such clarification, specifi-
cation or additional information may not involve changes to
the basic features of the tender or the call for tender, variations
in which are likely to distort competition or have a discrimi-
natory effect.

7.
Contracting authorities shall assess the tenders received
on the basis of the award criteria laid down in the contract
notice or the descriptive document and shall choose the most
economically advantageous tender in accordance with Article
53.

the request of

the contracting authority,

the tenderer
At
identified as having submitted the most economically advan-
tageous tender may be asked to clarify aspects of the tender or
confirm commitments contained in the tender provided this
does not have the effect of modifying substantial aspects of
the tender or of the call for tender and does not risk distorting
competition or causing discrimination.

The

8.
payments to the participants in the dialogue.

contracting authorities may specify prices or

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Article 30

Cases justifying use of the negotiated procedure with
prior publication of a contract notice

Contracting authorities may award their public contracts
1.
by negotiated procedure, after publication of a contract notice,
in the following cases:

(a)

in the event of
irregular tenders or the submission of
tenders which are unacceptable under national provisions
compatible with Articles 4, 24, 25, 27 and Chapter VII, in
response
a
competitive dialogue insofar as the original terms of the
contract are not substantially altered.

restricted procedure or

to an open or

The contract notice or the specifications shall indicate whether
recourse has been had to this option.

Article 31

Cases justifying use of the negotiated procedure without
publication of a contract notice

Contracting authorities may award public contracts by a
negotiated procedure without prior publication of a contract
notice in the following cases:

1. for public works contracts, public supply contracts and

public service contracts:

Contracting authorities need not publish a contract notice
where they include in the negotiated procedure all of, and
only, the tenderers which satisfy the criteria of Articles 45
to 52 and which, during the prior open or restricted
procedure
submitted
tenders in accordance with the formal requirements of
the tendering procedure;

dialogue, have

competitive

or

(a) when no tenders or no suitable

tenders or no
applications have been submitted in response to an
open procedure or a restricted procedure, provided
that
are not
conditions of
substantially altered and on condition that a report is
sent to the Commission if it so requests;

contract

initial

the

(b) in exceptional cases, when the nature of

the works,
supplies, or services or the risks attaching thereto do not
permit prior overall pricing;

(b) when, for technical or artistic reasons, or for reasons
connected with the protection of exclusive rights, the
contract may be awarded only to a particular economic
operator;

(c)

in the case of services, inter alia services within category 6
of Annex II A, and intellectual services such as services
involving the design of works,
insofar as the nature of
the services to be provided is such that contract specifi-
cations cannot be established with sufficient precision to
permit the award of the contract by selection of the best
tender according to the rules governing open or restricted
procedures;

(c)

for reasons of
insofar as is strictly necessary when,
extreme urgency brought about by events unforeseeable
by the contracting authorities in question, the time-limit
for the open, restricted or negotiated procedures with
publication of a contract notice as referred to in Article
30 cannot be complied with. The circumstances invoked
to justify extreme urgency must not in any event be
attributable to the contracting authority;

(d) in respect of public works contracts, for works which are
performed solely for purposes of research, testing or devel-
opment and not with the aim of ensuring profitability or
recovering research and development costs.

2.
In the cases referred to in paragraph 1, contracting auth-
orities shall negotiate with tenderers the tenders submitted by
them in order to adapt them to the requirements which they
have set in the contract notice, the specifications and additional
documents,
in
accordance with Article 53(1).

if any, and to seek out

the best

tender

shall
During the negotiations, contracting authorities
3.
ensure the equal treatment of all tenderers. In particular, they
shall not provide information in a discriminatory manner
which may give some tenderers an advantage over others.

Contracting authorities may provide for the negotiated
4.
procedure to take place in successive stages in order
to
reduce the number of tenders to be negotiated by applying
the award criteria in the contract notice or the specifications.

2. for public supply contracts:

(a) when the products involved are manufactured purely for
the purpose of research, experiment, study or devel-
this provision does not extend to quantity
opment;
production to establish commercial viability or
to
recover research and development costs;

(b) 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 authority to acquire
material having different technical characteristics which
would result
in incompatibility or disproportionate
technical difficulties in operation and maintenance; the
length of such contracts as well as that of recurrent
contracts may not, as a general rule, exceed three years;

(c)

for supplies quoted and purchased on a commodity
market;

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terms,

from either

(d) for the purchase of supplies on particularly advan-
tageous
supplier which is
definitively winding up its business activities, or the
receivers or liquidators of a bankruptcy, an arrangement
with creditors, or a similar procedure under national
laws or regulations;

a

Article 32

Framework agreements

1. Member States may provide that contracting authorities
may conclude framework agreements.

3. for public service contracts, when the contract concerned
follows a design contest and must, under the applicable
rules, be awarded to the successful candidate or to one of
the successful candidates,
in the latter case, all successful
candidates must be invited to participate in the negotiations;

For the purpose of concluding a framework agreement,
2.
follow the rules of procedure
contracting authorities shall
referred to in this Directive for all phases up to the award of
contracts based on that framework agreement. The parties to
the framework agreement shall be chosen by applying the
award criteria set in accordance with Article 53.

4. for public works contracts and public service contracts:

(a)

for additional works or services not included in the
project initially considered or in the original contract
but which have,
through unforeseen circumstances,
become necessary for the performance of the works
the
or services described therein, on condition that
award is made to the economic operator performing
such works or services:

— when such additional works or services cannot be
technically or economically separated from the
original contract without major inconvenience to
the contracting authorities,

or

— when such works or services, although separable
from the performance of the original contract, are
strictly necessary for its completion.

However, the aggregate value of contracts awarded for
additional works or services may not exceed 50 % of the
amount of the original contract;

(b) for new works or services consisting in the repetition of
similar works or services entrusted to the economic
operator to whom the same contracting authorities
such
awarded an original
works or
services are in conformity with a basic
project for which the original contract was awarded
according to the open or restricted procedure.

contract, provided that

As soon as the first project is put up for tender, the
possible use of this procedure shall be disclosed and the
total estimated cost of subsequent works or services
shall be taken into consideration by the contracting
authorities when they apply the provisions of Article 7.

Contracts based on a framework agreement shall be awarded in
accordance with the procedures laid down in paragraphs 3 and
4. Those procedures may be applied only between the
contracting authorities and the economic operators originally
party to the framework agreement.

When awarding contracts based on a framework agreement,
the parties may under no circumstances make substantial
amendments
framework
agreement, in particular in the case referred to in paragraph 3.

laid down in that

to the terms

The term of a framework agreement may not exceed four
years, save in exceptional cases duly justified, in particular by
the subject of the framework agreement.

Contracting authorities may not use framework agreements
improperly or in such a way as to prevent, restrict or distort
competition.

3. Where a framework agreement is concluded with a single
economic operator, contracts based on that agreement shall be
awarded within the limits of
the terms laid down in the
framework agreement.

For the award of those contracts, contracting authorities may
consult the operator party to the framework agreement
in
writing, requesting it to supplement its tender as necessary.

4. Where a framework agreement is concluded with several
economic operators,
three in
number, insofar as there is a sufficient number of economic
operators to satisfy the selection criteria and/or of admissible
tenders which meet the award criteria.

the latter must be at

least

Contracts based on framework agreements concluded with
several economic operators may be awarded either:

This procedure may be used only during the three years
following the conclusion of the original contract.

— by application of the terms laid down in the framework

agreement without reopening competition, or

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— where not all the terms are laid down in the framework
agreement, when the parties are again in competition on
the basis of the same and,
if necessary, more precisely
formulated terms, and, where appropriate, other terms
framework
referred to in the
agreement, in accordance with the following procedure:

specifications of

the

(a)

for every contract
to be awarded, contracting auth-
orities shall consult in writing the economic operators
capable of executing the subject of the contract;

(b) contracting authorities shall fix a time-limit which is
sufficiently long to allow tenders for each specific
contract to be submitted, taking into account factors
such as the complexity of the subject of the contract
and the time needed to send in tenders;

(c)

tenders shall be submitted in writing, and their content
shall remain confidential until the stipulated time-limit
for reply has expired;

(d) contracting authorities shall award each contract to the
tenderer who has submitted the best tender on the basis
of the award criteria set out in the specifications of the
framework agreement.

Article 33

Dynamic purchasing systems

1. Member States may provide that contracting authorities
may use dynamic purchasing systems.

In order

follow the rules of

to set up a dynamic purchasing system,
2.
the open
contracting authorities shall
procedure in all its phases up to the award of the contracts
to be concluded under this system. All the tenderers satisfying
the selection criteria and having submitted an indicative tender
which complies with the specification and any possible
system;
additional documents
indicative tenders may be improved at any time provided
that they continue to comply with the specification. With a
view to setting up the system and to the award of contracts
under that system, contracting authorities shall use solely elec-
tronic means in accordance with Article 42(2) to (5).

admitted to the

shall be

system, the electronic equipment used and the technical
connection arrangements and specifications;

(c) offer by electronic means, on publication of the notice and
up to the expiry of the system, unrestricted, direct and full
access to the specification and to any additional documents
and shall
indicate in the notice the internet address at
which such documents may be consulted.

the entire period of

Contracting authorities shall give any economic operator,
4.
throughout
the dynamic purchasing
system, the possibility of submitting an indicative tender and
of being admitted to the system under the conditions referred
to in paragraph 2. They shall complete evaluation within a
maximum of 15 days from the date of submission of the
indicative tender. However, they may extend the evaluation
period provided that no invitation to tender is issued in the
meantime.

The contracting authority shall inform the tenderer referred to
in the first subparagraph at the earliest possible opportunity of
its admittance to the dynamic purchasing system or of the
rejection of its indicative tender.

5.
Each specific contract must be the subject of an invitation
to tender. Before issuing the invitation to tender, contracting
authorities shall publish a simplified contract notice inviting all
interested economic operators to submit an indicative tender,
in accordance with paragraph 4, within a time-limit that may
not be less than 15 days from the date on which the simplified
notice was sent. Contracting authorities may not proceed with
tendering until
the
indicative tenders received by that deadline.

they have completed evaluation of all

6.
Contracting authorities shall invite all tenderers admitted
to the system to submit a tender for each specific contract to
be awarded under the system. To that end they shall set a
time-limit for the submission of tenders.

They shall award the contract to the tenderer which submitted
the best tender on the basis of the award criteria set out in the
the dynamic
contract notice
for
purchasing system. Those criteria may,
if appropriate, be
formulated more precisely in the invitation referred to in the
first subparagraph.

establishment of

the

For the purposes of setting up the dynamic purchasing

3.
system, contracting authorities shall:

A dynamic purchasing system may not last for more than

7.
four years, except in duly justified exceptional cases.

(a) publish a contract notice making it clear that a dynamic

purchasing system is involved;

Contracting authorities may not
prevent, restrict or distort competition.

resort

to this system to

(b) indicate in the specification, amongst others, the nature of
the purchases envisaged under that system, as well as all
the necessary information concerning the purchasing

No charges may be billed to the interested economic operators
or to parties to the system.

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Article 34

Public works contracts: particular rules on subsidised
housing schemes

In the case of public contracts relating to the design and
construction of a subsidised housing scheme the size and
complexity of which, and the estimated duration of the work
involved require that planning be based from the outset on
close collaboration within a team comprising representatives
of the contracting authorities, experts and the contractor to
be responsible for carrying out the works, a special award
procedure may be adopted for selecting the contractor most
suitable for integration into the team.

shall

In particular, contracting authorities
include in the
contract notice as accurate as possible a description of the
works to be carried out so as to enable interested contractors
to form a valid idea of the project. Furthermore, contracting
authorities shall,
in accordance with the qualitative selection
criteria referred to in Articles 45 to 52, set out in such a
contract notice
and
financial conditions to be fulfilled by candidates.

the personal,

economic

technical,

Where such a procedure is adopted, contracting authorities
shall apply Articles 2, 35, 36, 38, 39, 41, 42, 43 and 45 to 52.

CHAPTER VI

Rules on advertising and transparency

S e c t i o n 1

Publication of notices

Article 35

Notices

1.
Contracting authorities shall make known, by means of a
prior information notice published by the Commission or by
themselves on their ‘buyer profile’, as described in point 2(b) of
Annex VIII:

(a) where supplies are concerned, the estimated total value of
the contracts or the framework agreements by product area
which they intend to award over the following twelve
taking into
months, where the total estimated value,
account Articles 7 and 9,
to or greater than
EUR 750 000.

is equal

The product area shall be established by the contracting
authorities by reference to the CPV nomenclature;

provisions of Articles 7 and 9, is equal to or greater than
EUR 750 000;

(c) where works are concerned, the essential characteristics of
the contracts or the framework agreements which they
intend to award, the estimated value of which is equal to
or greater than the threshold specified in Article 7, taking
into account Article 9.

The notices referred to in (a) and (b) shall be sent to the
Commission or published on the buyer profile as soon as
possible after the beginning of the budgetary year.

The notice referred to in (c) shall be sent to the Commission or
published on the buyer profile as soon as possible after the
decision approving the planning of the works contracts or the
framework agreements that the contracting authorities intend
to award.

Contracting authorities who publish the prior
information
notice on their buyer profiles shall send the Commission, elec-
tronically, a notice of the publication of the prior information
notice on a buyer profile, in accordance with the format and
modalities for sending notices indicated in point 3 of Annex
VIII.

The publication of the notices referred to in (a), (b) and (c) shall
be compulsory only where the contracting authorities take the
option of shortening the time-limits for the receipt of tenders
as laid down in Article 38(4).

This paragraph shall not apply to negotiated procedures
without the prior publication of a contract notice.

2.
Contracting authorities which wish to award a public
contract or a framework agreement by open, restricted or,
under the conditions laid down in Article 30, negotiated
procedure with the publication of a contract notice or, under
the conditions laid down in Article 29, a competitive dialogue,
shall make known their intention by means of a contract
notice.

Contracting authorities which wish to set up a dynamic
3.
purchasing system shall make known their intention by means
of a contract notice.

Contracting authorities which wish to award a contract based
on a dynamic purchasing system shall make known their
intention by means of a simplified contract notice.

Contracting authorities which have awarded a public
4.
contract or concluded a framework agreement shall send a
notice of the results of the award procedure no later than 48
days after the award of the contract or the conclusion of the
framework agreement.

(b) where services are concerned, the estimated total value of
the contracts or the framework agreements in each of the
categories of services listed in Annex II A which they
intend to award over the following twelve months, where
the
such estimated total value,

taking into account

In the case of framework agreements concluded in accordance
with Article 32 the contracting authorities are not bound to
send a notice of the results of the award procedure for each
contract based on that agreement.

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Contracting authorities shall send a notice of the result of the
award of contracts based on a dynamic purchasing system
within 48 days of the award of each contract. They may,
however, group such notices on a quarterly basis.
In that
case, they shall send the grouped notices within 48 days of
the end of each quarter.

indicated in point 3 of Annex VIII, shall be published not
later than twelve days after they are sent, or in the case of
accelerated procedure referred to in Article 38(8), not later
than five days after they are sent.

In the case of public contracts for services listed in Annex II B,
the contracting authorities shall indicate in the notice whether
they agree to its publication. For such services contracts the
Commission shall draw up the rules for establishing statistical
reports on the basis of such notices and for the publication of
such reports in accordance with the procedure laid down in
Article 77(2).

release of

Certain information on the contract award or the conclusion of
the framework agreement may be withheld from publication
where
law
enforcement or otherwise be contrary to the public interest,
would harm the legitimate commercial interests of economic
operators, public or private,
fair
competition between them.

such information would impede

or might prejudice

Article 36

Form and manner of publication of notices

The notices shall include the information mentioned in
1.
Annex VII A and, where appropriate, any other information
deemed useful by the contracting authority in the format of
standard forms adopted by the Commission in accordance with
the procedure referred to in Article 77(2).

to

by

sent

Notices

authorities

contracting

the
2.
in
Commission shall be sent either by electronic means
accordance with the format and modalities of transmission
indicated in Annex VIII, paragraph 3, or by other means. In
the event of recourse to the accelerated procedure set out in
Article 38(8), notices must be sent either by telefax or by
electronic means, in accordance with the format and modalities
of transmission indicated in point 3 of Annex VIII.

Contract notices shall be published in full in an official
4.
the Community as chosen by the contracting
language of
language version constituting the sole
authority, this original
authentic text. A summary of the important elements of each
notice shall be published in the other official languages.

The costs of publication of such notices by the Commission
shall be borne by the Community.

5.
The notices and their contents may not be published at
national level before the date on which they are sent to the
Commission.

level

at national

Notices published
contain
information other than that contained in the notices dispatched
to the Commission or published on a buyer profile in
accordance with the first subparagraph of Article 35(1), but
shall mention the date of dispatch of
the notice to the
Commission or its publication on the buyer profile.

shall not

Prior information notices may not be published on a buyer
profile before the dispatch to the Commission of the notice
of their publication in that form; they shall mention the date of
that dispatch.

6.
The content of notices not sent by electronic means in
accordance with the format and modalities of transmission
indicated in point 3 of Annex VIII, shall be limited to
approximately 650 words.

The contracting authorities shall be able to supply proof

7.
of the dates on which notices are dispatched.

The notices shall be published in accordance with the technical
characteristics for publication set out in point 1(a) and (b) of
Annex VIII.

The Commission shall give the contracting authority
8.
confirmation of
the information sent,
mentioning the date of that publication. Such confirmation
shall constitute proof of publication.

the publication of

3.
Notices drawn up and transmitted by electronic means in
accordance with the format and modalities of transmission
indicated in point 3 of Annex VIII, shall be published no
later than five days after they are sent.

Article 37

Non-mandatory publication

Notices which are not
transmitted by electronic means in
accordance with the format and modalities of transmission

Contracting authorities may publish in accordance with Article
36 notices of public contracts which are not subject to the
publication requirement laid down in this Directive.

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S e c t i o n 2

Time-limits

Article 38

Time-limits for receipt of requests to participate and for
receipt of tenders

to participate,

1. When fixing the time-limits for the receipt of tenders and
requests
take
account in particular of the complexity of the contract and
the time required for drawing up tenders, without prejudice
to the minimum time-limits set by this Article.

contracting authorities

shall

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

In

the

case

3.
negotiated
restricted
procedures with publication of a contract notice referred to
in Article 30 and the competitive dialogue

procedures,

of

(a) the minimum time-limit

to
for
participate shall be 37 days from the date on which the
contract notice was sent;

receipt of

requests

(b) in the

case of

restricted procedures,

time-limit
from the date on which the invitation was sent.

for the receipt of

the minimum
tenders shall be 40 days

4. When contracting authorities have published a prior
information notice, the minimum time-limit for the receipt
of tenders under paragraphs 2 and 3(b) may, as a general
rule, be shortened to 36 days, but under no circumstances to
less than 22 days.

The time-limit shall run from the date on which the contract
notice was sent in open procedures, and from the date on
which the
in restricted
procedures.

invitation to tender was

sent

in Annex VII A,

The shortened time-limits referred to in the first subparagraph
shall be permitted, provided that the prior information notice
has included all
the information required for the contract
information is
insofar
notice
available at the time the notice is published and that prior
information notice was sent for publication between no less
than 52 days and no more than twelve months before the date
on which the contract notice was sent.

that

as

5. Where notices are drawn up and transmitted by elec-
tronic means in accordance with the format and modalities
of transmission indicated in point 3 of Annex VIII, the time-
limits for the receipt of tenders referred to in paragraphs 2 and
4 in open procedures, and the time-limit for the receipt of the
requests
in
restricted and negotiated procedures and the competitive
dialogue, may be shortened by seven days.

to participate referred to in paragraph 3(a),

The time-limits for receipt of

tenders referred to in
6.
paragraphs 2 and 3(b) may be reduced by five days where
the contracting authority offers unrestricted and full direct
access by electronic means to the contract documents and
any supplementary documents from the date of publication
of the notice in accordance with Annex VIII, specifying in
the text of the notice the internet address at which this docu-
mentation is accessible.

This reduction may be added to that referred to in paragraph
5.

If,

reason,

for whatever

the specifications and the
7.
supporting documents or additional
information, although
requested in good time, are not supplied within the time-limits
set in Articles 39 and 40, 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 the receipt of tenders shall be extended so that all economic
operators concerned may be aware of all
the information
needed to produce tenders.

In the case of

8.
restricted procedures and negotiated
procedures with publication of a contract notice referred to
in Article 30, where urgency renders impracticable the time-
limits laid down in this Article, contracting authorities may fix:

(a) a time-limit for the receipt of requests to participate which
may not be less than 15 days from the date on which the
contract notice was sent, or less than 10 days if the notice
was sent by electronic means,
in accordance with the
format and procedure for sending notices indicated in
point 3 of Annex VIII;

(b) and, in the case of restricted procedures, a time-limit for
the receipt of tenders which shall be not less than 10 days
from the date of the invitation to tender.

Article 39

Open procedures: Specifications, additional documents
and information

In open procedures, where contracting authorities do not
1.
offer
in
free and full direct access by electronic means
accordance with Article 38(6) to the specifications and any
supporting documents, the specifications and supplementary
documents shall be sent
to economic operators within six
days of receipt of the request to participate, provided that
the request was made in good time before the deadline for
submission of tenders.

Provided that

it has been requested in good time,
2.
additional
information relating to the specifications and any
supporting documents shall be supplied by the contracting
authorities or competent departments not later than six days
before the deadline fixed for receipt of tenders.

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S e c t i o n 3

Information content and means of transmission

(c)

in the case of competitive dialogue the date and the address
set
for the start of consultation and the language or
languages used;

Article 40

Invitations to submit a tender, participate in the dialogue
or negotiate

In restricted procedures, competitive dialogue procedures
1.
and negotiated procedures with publication of a contract notice
within the meaning of Article 30, the contracting authorities
shall
selected
candidates to submit their tenders or to negotiate or, in the
case of a competitive dialogue, to take part in the dialogue.

simultaneously and in writing invite

the

2.

The invitation to the candidates shall include either:

— a copy of the specifications or of the descriptive document

and any supporting documents, or

— a reference to accessing the specifications and the other
documents indicated in the first
indent, when they are
made directly available by electronic means in accordance
with Article 38(6).

3. Where an entity other than the contracting authority
responsible for the award procedure has the specifications,
the descriptive document and/or any supporting documents,
the invitation shall state the address from which those specifi-
cations, that descriptive document and those documents may
if appropriate, the deadline for requesting
be requested and,
such documents, and the sum payable for obtaining them
and any payment procedures. The competent department
shall send that documentation to the economic operator
without delay once the request has been received.

(d) a reference to any possible adjoining documents to be
submitted, either in support of verifiable declarations by
in accordance with Article 44, or
the
to
the information referred to in that Article,
supplement
and under the conditions laid down in Articles 47 and 48;

tenderer

(e)

the
the relative weighting of criteria for the award of
contract or, where appropriate, the descending order of
importance for such criteria, if they are not given in the
contract notice,
the descriptive
document.

specifications or

the

However, in the case of contracts awarded in accordance with
the rules laid down in Article 29, the information referred to in
(b) above shall not appear in the invitation to participate in the
dialogue but it shall appear in the invitation to submit a tender.

Article 41

Informing candidates and tenderers

of

and

decisions

tenderers

The contracting authorities shall as soon as possible
1.
reached
inform candidates
concerning the conclusion of a framework agreement,
the
award of the contract or admittance to a dynamic purchasing
system, including the grounds for any decision not to conclude
a framework agreement or award a contract for which there
has been a call
to recommence the
procedure or implement a dynamic purchasing system; that
information shall be given in writing upon request
to the
contracting authorities.

for competition or

The additional

information on the specifications,

4.
the
descriptive document or the supporting documents shall be
sent by the contracting authority or the competent department
not less than six days before the deadline fixed for the receipt
of tenders, provided that they were requested in good time. In
the event of a restricted or an accelerated procedure,
that
period shall be four days.

In addition,

5.
to
participate in the dialogue or to negotiate must contain at least:

the invitation to submit a tender,

(a) a reference to the contract notice published;

(b) the deadline for the receipt of the tenders, the address to
which the tenders must be sent and the language or
languages in which the tenders must be drawn up;

2.
The contracting authority shall as quickly as possible
inform any eliminated candidate or tenderer so requesting of
the reasons for the rejection of his application or his tender,
and any tenderer who has made an admissible tender of the
characteristics and relative advantages of the tender selected as
well as the name of the successful tenderer or the parties to the
framework agreement. Those time-limits may in no circum-
stances exceed fifteen days from the receipt of the written
request.

3.
However, contracting authorities may decide to withhold
certain information referred to in paragraph 1, regarding the
contract award, the conclusion of framework agreements or
admittance to a dynamic purchasing system where release of
such information would impede law enforcement, would
otherwise be contrary to the public interest, would prejudice
the legitimate commercial
interests of economic operators,
whether public or private, or might prejudice fair competition
between them.

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S e c t i o n 4

Communication

Article 42

Rules applicable to communication

1.
All communication and information exchange referred to
in this Title may be performed by post, by fax, by electronic
means in accordance with paragraphs 4 and 5, by telephone in
the cases and circumstances referred to in paragraph 6, or by a
combination of those means, according to the choice of the
contracting authority.

2.
The means of communication chosen must be generally
available and thus not restrict economic operators' access to
the tendering procedure.

exchange

Communication and the

3.
and storage of
information shall be carried out in such a way as to ensure
that the integrity of data and the confidentiality of tenders and
requests to participate are preserved, and that the contracting
authorities examine the content of tenders and requests to
participate only after the time-limit set for submitting them
has expired.

that

(c) contracting authorities may require

for
participation made by fax must be confirmed by post or
by electronic means, where this
the
purposes of legal proof. Any such requirement, together
with the time-limit for sending confirmation by post or
electronic means, must be stated by the contracting
authority in the contract notice.

is necessary for

requests

S e c t i o n 5

Reports

Article 43

Content of reports

For every contract,
framework agreement, and every estab-
lishment of a dynamic purchasing system, the contracting auth-
orities shall draw up a written report which shall include at
least the following:

(a)

the name and address of the contracting authority, the
subject-matter and value of
framework
agreement or dynamic purchasing system;

contract,

the

The tools to be used for communicating by electronic
4.
means, as well as their
technical characteristics, must be
non-discriminatory, generally available and interoperable with
the information and communication technology products in
general use.

The following rules are applicable to devices for the elec-

5.
tronic receipt of tenders and requests to participate:

(a)

information regarding the specifications necessary for the
electronic submission of tenders and requests to participate,
including encryption, must be available to interested
parties. Moreover, the devices for the electronic receipt of
tenders and requests to participate must conform to the
requirements of Annex X;

(b) the names of the successful candidates or tenderers and the

reasons for their selection;

(c)

the names of the candidates or tenderers rejected and the
reasons for their rejection;

(d) the reasons for
abnormally low;

the rejection of

tenders found to be

(e)

the name of the successful tenderer and the reasons why
his tender was selected and,
if known, the share of the
contract or framework agreement which the successful
tenderer intends to subcontract to third parties;

(b) Member States may introduce or maintain voluntary
accreditation schemes aiming at enhanced levels of certifi-
cation service provision for these devices;

(f)

for negotiated procedures, the circumstances referred to in
these
Articles 30 and 31 which justify the use of
procedures;

the time-limit
requests

(c) tenderers or candidates shall undertake to submit, before
expiry of
laid down for submission of
documents,
tenders or
the
certificates, attestations and declarations referred to in
Articles 45 to 50 and Article 52 if they do not exist in
electronic format.

to participate,

The following rules shall apply to the transmission of

6.
requests to participate:

(g) as far as the competitive dialogue is concerned, the circum-
stances as laid down in Article 29 justifying the use of this
procedure;

(h) if necessary, the reasons why the contracting authority has
decided not to award a contract or framework agreement
or to establish a dynamic purchasing system.

(a) requests to participate in procedures for the award of
public contracts may be made in writing or by telephone;

The contracting authorities shall
take appropriate steps to
document the progress of award procedures conducted by elec-
tronic means.

(b) where requests to participate are made by telephone, a
written confirmation must be sent before expiry of the
time-limit set for their receipt;

The report, or the main features of it, shall be communicated
to the Commission if it so requests.

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CHAPTER VII

Conduct of the procedure

S e c t i o n 1

General provisions

Article 44

Verification of the suitability and choice of participants
and award of contracts

1.
Contracts shall be awarded on the basis of the criteria laid
down in Articles 53 and 55, taking into account Article 24,
after the suitability of the economic operators not excluded
under Articles 45 and 46 has been checked by contracting
authorities in accordance with the criteria of economic and
financial standing, of professional and technical knowledge or
ability referred to in Articles 47 to 52, and, where appropriate,
with the non-discriminatory rules and criteria referred to in
paragraph 3.

2.
The contracting authorities may require candidates and
tenderers to meet minimum capacity levels in accordance
with Articles 47 and 48.

The extent of the information referred to in Articles 47 and 48
and the minimum levels of ability required for a specific
contract must be related and proportionate to the subject-
matter of the contract.

These minimum levels shall be indicated in the contract notice.

In restricted procedures, negotiated procedures with
3.
publication of a contract notice and in the competitive
dialogue procedure, contracting authorities may limit
the
number of suitable candidates they will
invite to tender, to
negotiate or to conduct a dialogue with, provided a sufficient
number of suitable candidates is available. The contracting
authorities shall
indicate in the contract notice the objective
and non-discriminatory criteria or rules they intend to apply,
the minimum number of candidates they intend to invite and,
where appropriate, the maximum number.

In restricted procedure the minimum shall be five.
In the
negotiated procedure with publication of a contract notice
and the competitive dialogue procedure the minimum shall
be three. In any event the number of candidates invited shall
be sufficient to ensure genuine competition.

The contracting authorities shall invite a number of candidates
at least equal to the minimum number set in advance. Where
the number of candidates meeting the selection criteria and the

minimum levels of ability is below the minimum number, the
contracting authority may continue the procedure by inviting
the candidate(s) with the required capabilities. In the context of
this same procedure, the contracting authority may not include
other economic operators who did not request to participate,
or candidates who do not have the required capabilities.

4. Where the contracting authorities exercise the option of
reducing the number of solutions to be discussed or of tenders
to be negotiated, as provided for in Articles 29(4) and 30(4),
they shall do so by applying the award criteria stated in the
in the specifications or in the descriptive
contract notice,
document.
the number arrived at shall
make for genuine competition insofar as there are enough
solutions or suitable candidates.

In the final stage,

S e c t i o n 2

Criteria for qualitative selection

Article 45

Personal situation of the candidate or tenderer

1.
Any candidate or tenderer who has been the subject of a
conviction by definitive judgment of which the contracting
the reasons listed
authority is aware for one or more of
below shall be excluded from participation in a public contract:

(a) participation in a criminal organisation, as defined in

Article 2(1) of Council Joint Action 98/733/JHA (1);

(b) corruption, as defined in Article 3 of the Council Act of
26 May 1997 (2) and Article 3(1) of Council Joint Action
98/742/JHA (3) respectively;

(c)

fraud within the meaning of Article 1 of the Convention
relating to the protection of the financial interests of the
European Communities (4);

(d) money laundering, as defined in Article 1 of Council
Directive 91/308/EEC of 10 June 1991 on prevention of
the use of the financial system for the purpose of money
laundering (5).

Member States shall specify, in accordance with their national
law and having regard for Community law, the implementing
conditions for this paragraph.

They may provide for a derogation from the requirement
overriding
referred
requirements in the general interest.

subparagraph

first

the

for

to

in

(1) OJ L 351, 29.12.1998, p. 1.
(2) OJ C 195, 25.6.1997, p. 1.
(3) OJ L 358, 31.12.1998, p. 2.
(4) OJ C 316, 27.11.1995, p. 48.
(5) OJ L 166, 28.6.1991, p. 77. Directive as amended by Directive
2001/97/EC of the European Parliament and of the Council of
4 December 2001 (OJ L 344, 28.12.2001, p. 76).

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situation of

concerning the personal

For the purposes of this paragraph, the contracting authorities
shall, where appropriate, ask candidates or tenderers to supply
the documents referred to in paragraph 3 and may, where they
have doubts
such
candidates or tenderers, also apply to the competent authorities
to obtain any information they consider necessary on the
personal situation of the candidates or tenderers concerned.
Where the information concerns a candidate or tenderer estab-
lished in a State other than that of the contracting authority,
the contracting authority may seek the cooperation of the
competent authorities. Having regard for the national laws of
the Member State where the candidates or tenderers are estab-
lished, such requests shall relate to legal and/or natural persons,
if appropriate, company directors and any person
including,
in
having powers of
respect of the candidate or tenderer.

representation, decision or control

Any economic operator may be excluded from partici-

2.
pation in a contract who:

(a)

is bankrupt or is being wound up, whose affairs are being
administered by the court, who has entered into an
arrangement with creditors, who has suspended business
activities or who is in any analogous situation arising
from a similar procedure under national
laws and regu-
lations;

(b) is the subject of proceedings for a declaration of bank-
ruptcy, for an order for compulsory winding up or admin-
istration by the court or of an arrangement with creditors
or of any other similar proceedings under national
laws
and regulations;

Member States shall specify, in accordance with their national
law and having regard for Community law, the implementing
conditions for this paragraph.

Contracting authorities

3.
sufficient
paragraphs 1 or 2(a),
economic operator:

evidence

that none of

(b),

(c),

the
(e) or

shall accept

the following as
specified in
to the

cases
(f) applies

(a) as

(b) and (c),

regards paragraphs 1 and 2(a),

the
from the ‘judicial record’ or,
production of an extract
issued by a
failing that, of an equivalent document
competent
judicial or administrative authority in the
country of origin or the country whence that person
comes showing that these requirements have been met;

(b) as regards paragraph 2(e) and (f), a certificate issued by the
competent authority in the Member State concerned.

Where the country in question does not issue such documents
the cases
or certificates, or where these do not cover all
specified in paragraphs 1 and 2(a), (b) and (c), they may be
replaced by a declaration on oath or, in Member States where
there is no provision for declarations on oath, by a solemn
declaration made by the person concerned before a competent
judicial or administrative authority, a notary or a competent
professional or trade body, in the country of origin or in the
country whence that person comes.

(c) has been convicted by a judgment which has the force of
res judicata in accordance with the legal provisions of the
country of any offence concerning his professional conduct;

4. Member States shall designate the authorities and bodies
competent to issue the documents, certificates or declarations
referred to in paragraph 3 and shall inform the Commission
thereof. Such notification shall be without prejudice to data
protection law.

(d) has been guilty of grave professional misconduct proven by
any means which the contracting authorities can demon-
strate;

(e) has not fulfilled obligations relating to the payment of
social security contributions in accordance with the legal
provisions of the country in which he is established or with
those of the country of the contracting authority;

(f) has not fulfilled obligations relating to the payment of taxes
in accordance with the legal provisions of the country in
which he is established or with those of the country of the
contracting authority;

(g)

is guilty of serious misrepresentation in supplying the
information required under
this Section or has not
supplied such information.

Article 46

Suitability to pursue the professional activity

Any economic operator wishing to take part
in a public
contract may be requested to prove its enrolment, as prescribed
in his Member State of establishment, on one of
the
professional or trade registers or to provide a declaration on
oath or a certificate as described in Annex IX A for public
in Annex IX B for public supply contracts
works contracts,
and in Annex IX C for public service contracts.

In procedures for the award of public service contracts, insofar
as candidates or tenderers have to possess a particular author-
isation or to be members of a particular organisation in order
to be able to perform in their country of origin the service
concerned,
the contracting authority may require them to
prove that they hold such authorisation or membership.

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Article 47

Economic and financial standing

1.
Proof of the economic operator's economic and financial
standing may, as a general rule, be furnished by one or more of
the following references:

(a) appropriate statements from banks or, where appropriate,
evidence of relevant professional risk indemnity insurance;

(b) the presentation of balance-sheets or extracts from the
balance-sheets, where publication of the balance-sheet is
required under
the country in which the
economic operator is established;

the law of

(c) a statement of

the undertaking's overall

turnover and,
where appropriate, of
turnover in the area covered by
the contract for a maximum of the last three financial
years available, depending on the date on which the under-
taking was set up or the economic operator started trading,
as far as the information on these turnovers is available.

2.
An economic operator may, where appropriate and for a
particular contract, rely on the capacities of other entities,
regardless of the legal nature of the links which it has with
them. It must in that case prove to the contracting authority
that it will have at its disposal the resources necessary, for
example, by producing an undertaking by those entities to
that effect.

Under

3.
the same conditions, a group of economic
operators as referred to in Article 4 may rely on the capacities
of participants in the group or of other entities.

Contracting authorities

4.
in the contract
notice or in the invitation to tender, which reference or
references mentioned in paragraph 1 they have chosen and
which other references must be provided.

specify,

shall

the

If, for any valid reason, the economic operator is unable
5.
to provide
contracting
authority, he may prove his economic and financial standing
by any other document which the contracting authority
considers appropriate.

requested by the

references

Article 48

Technical and/or professional ability

The

1.
technical
economic operators
accordance with paragraphs 2 and 3.

and/or professional
the
shall be assessed and examined in

abilities of

Evidence of the economic operators' technical capability
2.
may be furnished by one or more of the following means
according to the nature, quantity or importance, and use of
the works, supplies or services:

(a)

important works. These certificates

(i) a list of the works carried out over the past five years,
accompanied by certificates of satisfactory execution for
the most
shall
the works and
indicate the value, date and site of
shall specify whether they were carried out according
to the rules of the trade and properly completed. Where
appropriate, the competent authority shall submit these
certificates to the contracting authority direct;

(ii) a list of the principal deliveries effected or the main
services provided in the past
three years, with the
sums, dates and recipients, whether public or private,
involved. Evidence of delivery and services provided
shall be given:

— where the recipient was a contracting authority, in
the form of certificates issued or countersigned by
the competent authority;

— where the recipient was a private purchaser, by the
purchaser's certification or, failing this, simply by a
declaration by the economic operator;

(b) indication of the technicians or technical bodies involved,
whether or not belonging directly to the
economic
operator's undertaking, especially those responsible for
quality control and, in the case of public works contracts,
which the contractor can call upon for carrying out the
work;

(c) a description of the technical facilities and measures used
by the supplier or service provider for ensuring quality and
the undertaking's study and research facilities;

(d) where the products or services to be supplied are complex
or, exceptionally, are required for a special purpose, a
check carried out by the contracting authorities or on
their behalf by a competent official body of the country
in which the supplier or service provider is established,
subject
to that body's agreement, on the production
capacities of the supplier or the technical capacity of the
service provider and, if necessary, on the means of study
and research which are available to it and the quality
control measures it will operate;

(e)

the educational and professional qualifications of
the
service provider or contractor and/or those of the under-
taking's managerial staff and,
in particular, those of the
person or persons responsible for providing the services
or managing the work;

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(f)

for public works contracts and public services contracts,
and only in appropriate cases, an indication of the environ-
mental management measures that the economic operator
will be able to apply when performing the contract;

(g) a statement of the average annual manpower of the service
provider or contractor and the number of managerial staff
for the last three years;

(h) a statement of

available
carrying out the contract;

to the

the tools, plant or technical equipment
for

service provider or

contractor

Article 49

Quality assurance standards

Should they require the production of certificates drawn up by
independent bodies attesting the compliance of the economic
operator with certain quality assurance standards, contracting
authorities shall refer to quality assurance systems based on the
relevant
by bodies
conforming to the European standards series concerning certifi-
cation. They shall recognise equivalent certificates from bodies
established in other Member States. They shall also accept
other evidence of equivalent quality assurance measures from
economic operators.

European standards

certified

series

(i) an indication of the proportion of the contract which the

services provider intends possibly to subcontract;

Article 50

Environmental management standards

(j) with regard to the products to be supplied:

(i) samples, descriptions and/or photographs,

the auth-
enticity of which must be certified if the contracting
authority so requests;

(ii) certificates drawn up by official quality
agencies of

control
competence
institutes or
attesting the conformity of products clearly identified
by references to specifications or standards.

recognised

Should contracting authorities,
in the cases referred to in
Article 48(2)(f), require the production of certificates drawn
the
up by independent bodies attesting the compliance of
economic operator with certain environmental management
standards, they shall refer to the Community Eco-Management
and Audit Scheme (EMAS) or to environmental management
standards based on the relevant European or international
standards certified by bodies conforming to Community law
or the relevant European or international standards concerning
certification. They shall recognise equivalent certificates from
bodies established in other Member States. They shall also
environmental
of
accept
management measures from economic operators.

equivalent

evidence

other

3.
An economic operator may, where appropriate and for a
particular contract, rely on the capacities of other entities,
regardless of the legal nature of the links which it has with
them. It must in that case prove to the contracting authority
that it will have at its disposal the resources necessary for the
execution of the contract, for example, by producing an under-
taking by those entities to place the necessary resources at the
disposal of the economic operator.

Article 51

Additional documentation and information

The contracting authority may invite the economic operators
to supplement or clarify the certificates and documents
submitted pursuant to Articles 45 to 50.

the

Under

4.
economic
operators as referred to in Article 4 may rely on the capacities
of participants in the group or in other entities.

conditions a group of

same

5.
In the procedures for awarding public contracts having as
their object supplies requiring siting or installation work, the
provision of services and/or the execution of works, the ability
of economic operators to provide the service or to execute the
installation or the work may be evaluated in particular with
regard to their skills, efficiency, experience and reliability.

Article 52

Official lists of approved economic operators and certifi-
cation by bodies established in public or private law

1. Member States may introduce either official
lists of
approved contractors, suppliers or service providers or certifi-
cation by certification bodies established in public or private
law.

6.
The contracting authority shall specify, in the notice or in
the invitation to tender, which references under paragraph 2 it
wishes to receive.

Member States shall adapt the conditions for registration on
these lists and for the issue of certificates by certification bodies
to the provisions of Article 45(1), Article 45(2)(a) to (d) and (g),
Article 46, Article 47(1), (4) and (5), Article 48(1), (2), (5) and
(6), Article 49 and, where appropriate, Article 50.

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as

48(3)

regards

applications

them to Article 47(2) and
Member States shall also adapt
Article
registration
for
submitted by economic operators belonging to a group and
claiming resources made available to them by the other
companies in the group. In such case, these operators must
prove to the authority establishing the official list that they will
have these resources at their disposal throughout the period of
validity of the certificate attesting to their being registered in
list and that throughout the same period these
the official
selection
the
fulfil
continue
companies
requirements laid down in the Articles referred to in the
second subparagraph on which operators rely for their regis-
tration.

qualitative

to

Economic operators registered on the official
for each contract, submit

lists or
2.
having a certificate may,
to the
contracting authority a certificate of registration issued by the
competent authority or the certificate issued by the competent
certification body. The certificates shall state the references
which enabled them to be registered in the list/to obtain certifi-
cation and the classification given in that list.

Certified registration on official

3.
lists by the competent
bodies or a certificate issued by the certification body shall
not, for the purposes of the contracting authorities of other
Member States, constitute a presumption of suitability except
as regards Articles 45(1) and (2)(a) to (d) and (g), Article 46,
Article 47(1)(b) and (c), and Article 48(2)(a)(i), (b), (e), (g) and
(h) in the case of contractors, (2)(a)(i), (b), (c), (d) and (j) in the
case of suppliers and 2(a)(ii) and (c) to (i) in the case of service
providers.

Information which can be deduced from registration on
4.
lists or certification may not be questioned without
official
justification. With regard to the payment of social security
contributions and taxes, an additional certificate may be
required of any registered economic operator whenever a
contract is offered.

The contracting authorities of other Member States shall apply
paragraph 3 and the first subparagraph of this paragraph only
in favour of economic operators established in the Member
State holding the official list.

For any registration of economic operators of other
5.
Member States in an official
list or for their certification by
the bodies referred to in paragraph 1, no further proof or
statements can be required other than those requested of
national economic operators and,
in any event, only those
provided for under Articles 45 to 49 and, where appropriate,
Article 50.

Economic operators may ask at any time to be registered
6.
in an official list or for a certificate to be issued. They must be
the
informed within a reasonably short period of
decision of
the
competent certification body.

time of
the authority drawing up the list or of

The certification bodies referred to in paragraph 1 shall

7.
be bodies complying with European certification standards.

8. Member States which have official
lists or certification
bodies as referred to in paragraph 1 shall be obliged to
inform the Commission and the other Member States of the
address of the body to which applications should be sent.

S e c t i o n 3

Award of the contract

Article 53

Contract award criteria

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

for

the

(a) when award is made to the tender most economically
advantageous
contracting authorities, various
criteria justified by the subject of the public contract in
technical merit,
question:
aesthetic
environmental
characteristics, running costs, cost-effectiveness, after-sales
service and technical assistance, delivery date and delivery
period or period of completion or

for example, quality, price,
and functional

characteristics,

(b) the lowest price only.

third
to the provisions of
2. Without prejudice
subparagraph,
in the case referred to in paragraph 1(a) the
contracting authority shall specify in the contract notice or
in the contract documents or,
in the case of a competitive
in the descriptive document, the relative weighting
dialogue,
which it gives to each of the criteria chosen to determine the
most economically advantageous tender.

the

That weighting can be expressed by providing for a range with
an appropriate maximum spread.

However, economic operators from other Member States may
not be obliged to undergo such registration or certification in
order to participate in a public contract. The contracting auth-
orities shall recognise equivalent certificates from bodies estab-
lished in other Member States. They shall also accept other
equivalent means of proof.

Where, in the opinion of the contracting authority, weighting
is not possible for demonstrable reasons, it shall indicate in the
contract notice or contract documents or,
in the case of a
competitive dialogue, in the descriptive document, the criteria
in descending order of importance.

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Article 54

(f)

Use of electronic auctions

1. Member States may provide that contracting authorities
may use electronic auctions.

relevant

information

electronic
the
equipment used and the arrangements and technical spec-
ifications for connection.

concerning

the

2.
In open, restricted or negotiated procedures in the case
referred to in Article 30(1)(a), the contracting authorities may
decide that the award of a public contract shall be preceded by
an electronic auction when the contract specifications can be
established with precision.

In the same circumstances, an electronic auction may be held
on the reopening of competition among the parties to a
framework agreement as provided for in the second indent
the second subparagraph of Article 32(4) and on the
of
opening for competition of contracts to be awarded under
the dynamic purchasing system referred to in Article 33.

The electronic auction shall be based:

— either solely on prices when the contract is awarded to the

lowest price;

— or on prices and/or on the new values of the features of the
tenders indicated in the specification when the contract is
awarded to the most economically advantageous tender.

Contracting authorities which decide to hold an elec-

3.
tronic auction shall state that fact in the contract notice.

The specifications shall include, inter alia, the following details:

(a) the features, the values for which will be the subject of
electronic auction, provided that such features are quan-
tifiable and can be expressed in figures or percentages;

(b) any limits on the values which may be submitted, as they
result from the specifications relating to the subject of the
contract;

(c) the information which will be made available to tenderers
in the course of the electronic auction and, where appro-
priate, when it will be made available to them;

(d) the relevant information concerning the electronic auction

process;

Before

proceeding with

electronic
auction,
4.
contracting authorities shall make a full
initial evaluation of
the tenders in accordance with the award criterion/criteria set
and with the weighting fixed for them.

the

All tenderers who have submitted admissible tenders shall be
invited simultaneously by electronic means to submit new
the invitation shall contain all
prices and/or new values;
relevant information concerning individual connection to the
electronic equipment being used and shall state the date and
time of
the electronic auction. The electronic
auction may take place in a number of successive phases.
The electronic auction may not
than two
working days after the date on which invitations are sent out.

the start of

sooner

start

5. When the contract is to be awarded on the basis of the
most economically advantageous tender, the invitation shall be
accompanied by the outcome of the full evaluation of the
relevant
in accordance with the
weighting provided for in the first subparagraph of Article
53(2).

carried out

tenderer,

electronic

auction to determine

The invitation shall also state the mathematical formula to be
used in the
automatic
rerankings on the basis of the new prices and/or new values
submitted. That formula shall incorporate the weighting of all
the criteria fixed to determine the most economically advan-
tageous tender, as indicated in the contract notice or in the
specifications; for that purpose, any ranges shall, however, be
reduced beforehand to a specified value.

Where variants are authorised, a separate formula shall be
provided for each variant.

Throughout each phase of an electronic auction the
6.
contracting authorities shall
instantaneously communicate to
all tenderers at least sufficient information to enable them to
ascertain their relative rankings at any moment. They may also
communicate other information concerning other prices or
values submitted, provided that that is stated in the specifi-
cations. They may also at any time announce the number of
participants in that phase of the auction. In no case, however,
may they disclose the identities of the tenderers during any
phase of an electronic auction.

The contracting authorities

7.
auction in one or more of the following manners:

shall close an electronic

(e) the conditions under which the tenderers will be able to
bid and, in particular, the minimum differences which will,
where appropriate, be required when bidding;

(a)

in the invitation to take part in the auction they shall
indicate the date and time fixed in advance;

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the

(b) when they receive no more new prices or new values
which meet
concerning minimum
requirements
differences. In that event, the contracting authorities shall
state in the invitation to take part in the auction the time
which they will allow to elapse after receiving the last
submission before they close the electronic auction;

(c) when the number of phases in the auction, fixed in the
invitation to take part in the auction, has been completed.

When the contracting authorities have decided to close an
electronic
auction in accordance with subparagraph (c),
possibly in combination with the arrangements laid down in
subparagraph (b), the invitation to take part in the auction shall
indicate the timetable for each phase of the auction.

8. When they have
closed an electronic auction the
contracting authorities shall award the contract in accordance
with Article 53 on the basis of the results of the electronic
auction.

The contracting authorities may not have improper recourse to
electronic auctions nor may they use them in such a way as to
prevent, restrict or distort competition or to change the subject
of the contract, as put up for tender in the published contract
notice and defined in the specification.

Article 55

Abnormally low tenders

1.
If, for a given contract, tenders appear to be abnormally
low in relation to the goods, works or services, the contracting
authority shall, before it may reject those tenders, request in
writing details of the constituent elements of the tender which
it considers relevant.

Those details may relate in particular to:

(a) the economics of the construction method, the manufac-

turing process or the services provided;

(b) the technical solutions chosen and/or the exceptionally
favourable conditions available to the tenderer for the
execution of the work, for the supply of the goods or
services;

(c)

the originality of the work, supplies or services proposed
by the tenderer;

(d) compliance with the provisions relating to employment
protection and working conditions in force at the place
where the work, service or supply is to be performed;

(e)

the possibility of the tenderer obtaining State aid.

2.
The contracting authority shall verify those constituent
elements by consulting the tenderer, taking account of the
evidence supplied.

3. Where a contracting authority establishes that a tender is
abnormally low on grounds that the tenderer has obtained a
State aid, the tender can only be rejected on those grounds
alone after consultation with the tenderer where the latter is
unable to prove, within a sufficient time-limit fixed by the
contracting authority, that the aid in question was granted
legally. Where the contracting authority rejects a tender in
inform the Commission of that
these circumstances,
fact.

it shall

TITLE III

RULES ON PUBLIC WORKS CONCESSIONS

CHAPTER I

Article 57

Rules governing public works concessions

Exclusions from the scope

Article 56

Scope

This Chapter
shall apply to all public works concession
contracts concluded by the contracting authorities where the
than
value of
EUR 6 242 000.

contracts

greater

to or

equal

the

is

The value shall be calculated in accordance with the rules
applicable to public works contracts defined in Article 9.

This Title shall not apply to public works concessions which
are awarded:

(a)

in the same cases referred to in Articles 13, 14 and 15 of
this Directive in respect of public works contracts;

(b) by contracting authorities exercising one or more of the
activities
referred to in Articles 3 to 7 of Directive
2003/. . ./EC where those concessions are awarded for
carrying out those activities.

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However, this Directive shall continue to apply to public
works concessions awarded by contracting authorities
carrying out one or more of the activities referred to in
Article 6 of Directive 2003/. . ./EC and awarded for those
insofar as the Member State concerned takes
activities,
advantage of
second
subparagraph of Article 71 thereof to defer its application.

the option referred to in the

Article 58

Publication of

the notice

concerning public works

concessions

1.
Contracting authorities which wish to award a public
works concession contract shall make known their intention
by means of a notice.

2.
Notices of public works concessions shall contain the
information referred to in Annex VII C and, where appropriate,
any other
information deemed useful by the contracting
authority, in accordance with the standard forms adopted by
the Commission pursuant to the procedure in Article 77(2).

Notices shall be published in accordance with Article

3.
36(2) to (8).

Article 37 on the publication of notices shall also apply

4.
to public works concessions.

Article 61

Awarding of additional works to the concessionaire

This Directive shall not apply to additional works not included
in the concession project initially considered or in the initial
contract but which have, through unforeseen circumstances,
become necessary for the performance of the work described
therein, which the contracting authority has awarded to the
concessionaire, on condition that the award is made to the
economic operator performing such work:

— when such additional works cannot be technically or econ-
omically separated from the initial contract without major
inconvenience to the contracting authorities, or

— when

such works,

from the
although
performance of the initial contract, are strictly necessary
for its completion.

separable

However,
the aggregate value of contracts awarded for
additional works may not exceed 50 % of the amount of the
original works concession contract.

Article 59

Time limit

CHAPTER II

Rules on contracts awarded by concessionaires which are
contracting authorities

When contracting authorities
to a public works
concession, the time limit for the presentation of applications
for the concession shall be not less than 52 days from the date
of dispatch of the notice, except where Article 38(5) applies.

resort

Article 62

Rules applicable

Article 38(7) shall apply.

Article 60

Subcontracting

Where the concessionaire is a contracting authority as referred
to in Article 1(9), it shall comply with the provisions laid down
by this Directive for public works contracts in the case of
works to be carried out by third parties.

The contracting authority may either:

CHAPTER III

(a) require the concessionaire to award contracts representing
a minimum of 30 % of the total value of the work for
which the concession contract is to be awarded, to third
the same time providing the option for
parties, at
candidates
this minimum
to increase this percentage,
percentage being specified in the concession contract, or

(b) request the candidates for concession contracts to specify in
their tenders the percentage, if any, of the total value of the
work for which the concession contract is to be awarded
which they intend to assign to third parties.

Rules applicable to contracts awarded by concessionaires
which are not contracting authorities

Article 63

Advertising rules: threshold and exceptions

The Member States shall take the necessary measures to
1.
ensure that public works concessionaires which are not
contracting authorities apply the advertising rules defined in
Article 64 when awarding works contracts to third parties
where the value of such contracts is equal to or greater than
EUR 6 242 000.

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Advertising shall not, however, be required where a works
contract satisfies the conditions listed in Article 31.

Article 64

Publication of the notice

The values of contracts shall be calculated in accordance with
the rules applicable to public works contracts laid down in
Article 9.

1. Works concessionaires which are not contracting auth-
orities and which wish to award works contracts to a third
party shall make known their intention by way of a notice.

Groups of undertakings which have been formed to
2.
obtain the concession or undertakings related to them shall
not be considered third parties.

‘Related undertaking’ shall mean any undertaking over which
the concessionaire can exert a dominant influence, whether
directly or indirectly, or any undertaking which can exert a
dominant influence on the concessionaire or which, as the
concessionaire,
influence of
another undertaking as a result of ownership, financial partici-
pation or the rules which govern it. A dominant influence on
the part of an undertaking is presumed when, directly or
indirectly in relation to another undertaking, it:

to the dominant

subject

is

2.
Notices shall contain the information referred to in
Annex VII C and, where appropriate, any other information
deemed useful by the works concessionaire,
in accordance
with the standard form adopted by the Commission in
accordance with the procedure in Article 77(2).

The notice shall be published in accordance with Article

3.
36(2) to (8).

Article 37 on the voluntary publication of notices shall

4.
also apply.

(a) holds a majority of the undertaking's subscribed capital,

Article 65

(b) controls a majority of the votes attached to the shares

issued by the undertaking, or

(c) can appoint more than half of the undertaking's adminis-

trative, management or supervisory body.

The exhaustive list of such undertakings shall be included in
the application for the concession. That list shall be brought up
to date following any subsequent changes in the relationship
between the undertakings.

Time limit for the receipt of requests to participate and
receipt of tenders

In works contracts awarded by a works concessionaire which is
not a contracting authority, the time limit for the receipt of
requests to participate, fixed by the concessionaire, shall be not
less than 37 days from the date on which the contract notice
was dispatched and the time limit for the receipt of tenders not
less than 40 days from the date on which the contract notice
or the invitation to tender was dispatched.

Article 38(5), (6) and (7) shall apply.

TITLE IV

RULES GOVERNING DESIGN CONTESTS

Article 66

General provisions

Article 67

Scope

1.
The rules for the organisation of design contests shall be
in conformity with Articles 66 to 74 and shall be
communicated to those interested in participating in the
contest.

The admission of participants to design contests shall not

2.
be limited:

(a) by reference to the territory or part of the territory of a

Member State;

(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.

In accordance with this Title, design contests shall be

1.
organised by:

(a) contracting

authorities which are

government authorities
threshold equal to or greater than EUR 162 000;

in Annex IV,

listed

as

central
starting from a

(b) contracting authorities not listed in Annex IV, starting from

a threshold equal to or greater than EUR 249 000;

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(c) by all the contracting authorities, starting from a threshold
equal
to or greater than EUR 249 000 where contests
concern services in category 8 of Annex II A, category 5
telecommunications services, the positions of which in the
CPV are equivalent to reference Nos CPC 7524, 7525 and
7526 and/or services listed in Annex II B.

2.

This Title shall apply to:

(a) design contests organised as part of a procedure leading to

the award of a public service contract;

Contracting authorities which have held a design contest
2.
shall send a notice of the results of the contest in accordance
with Article 36 and must be able to prove the date of dispatch.

information on the outcome of

Where the release of
the
contest would impede law enforcement, be contrary to the
public interest, prejudice the legitimate commercial
interests
of a particular enterprise, whether public or private, or might
prejudice fair competition between service providers, such
information need not be published.

(b) design

contests with

prizes

and/or

payments

to

participants.

Article 37 concerning publication of notices shall also

3.
apply to contests.

the threshold refers to the
In the cases referred to in (a)
estimated value net of VAT of the public services contract,
including any possible prizes and/or payments to participants.

In the cases referred to in (b), the threshold refers to the total
amount of the prizes and payments, including the estimated
value net of VAT of the public services contract which might
subsequently be
the
contracting authority does not exclude such an award in the
contest notice.

concluded under Article 31(3)

if

Article 68

Exclusions from the scope

This Title shall not apply to:

Article 70

Form and manner of publication of notices of contests

1.
The notices referred to in Article 69 shall contain the
information referred to in Annex VII D in accordance with
the standard model notices adopted by the Commission in
accordance with the procedure in Article 77(2).

The notices shall be published in accordance with Article

2.
36(2) to (8).

Article 71

Means of communication

(a) design

the meaning

contests within

of Directive
2003/. . ./EC which are organised by contracting authorities
exercising one or more of
the activities referred to in
Articles 3 to 7 of that Directive and are organised for
it apply to
the pursuit of
contests excluded from the scope of this Directive;

such activities; nor

shall

However, this Directive shall continue to apply to design
contests awarded by contracting authorities carrying out
one or more of the activities referred to in Article 6 of
Directive 2003/. . ./EC and awarded for those activities,
insofar as the Member State concerned takes advantage of
the option referred to in the second subparagraph of
Article 71 thereof to defer its application.

(b) contests which are organised in the same cases as those
referred to in Articles 13, 14 and 15 of this Directive for
public service contracts.

Article 69

Notices

Article 42(1),

1.
cations relating to contests.

(2) and (4) shall apply to all communi-

and

Communications,

of
exchanges
2.
information shall be such as to ensure that the integrity and
information communicated by the
the confidentiality of all
participants in a contest are preserved and that
the jury
ascertains the contents of plans and projects only after the
expiry of the time limit for their submission.

storage

the

The following rules shall apply to the devices for the

3.
electronic receipt of plans and projects:

(a) the information relating to the specifications which is
necessary for the presentation of plans and projects by
electronic means,
including encryption, shall be available
to the parties concerned. In addition, the devices for the
electronic receipt of plans and projects shall comply with
the requirements of Annex X;

1.
Contracting authorities which wish to carry out a design
contest shall make known their intention by means of a contest
notice.

(b) the Member States may introduce or maintain voluntary
arrangements for accreditation intended to improve the
level of the certification service provided for such devices.

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Article 72

Selection of competitors

It shall examine the plans and projects submitted by the
2.
candidates anonymously and solely on the basis of the criteria
indicated in the contest notice.

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

In any event,

Article 73

Composition of the jury

The jury shall be composed exclusively of natural persons who
in the contest. Where a
are independent of participants
particular
from
participants in a contest, at least a third of the members of
the jury shall have that qualification or an equivalent qualifi-
cation.

qualification

professional

required

is

Article 74

Decisions of the jury

3.
It shall record its ranking of projects in a report, signed
by its members, made according to the merits of each project,
together with its remarks and any points which may need
clarification.

Anonymity must be observed until the jury has reached

4.
its opinion or decision.

Candidates may be invited,

5.
to answer
questions which the jury has recorded in the minutes to
clarify any aspects of the projects.

if need be,

The jury shall be autonomous

1.
opinions.

in its decisions or

Complete minutes shall be drawn up of the dialogue

6.
between jury members and candidates.

STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS

TITLE V

Article 75

(a) the contract award procedures used, and

Statistical obligations

In order to permit assessment of the results of applying this
Directive, Member States shall forward to the Commission a
statistical report, prepared in accordance with Article 76, sepa-
rately addressing public supply, services and works contracts
awarded by contracting authorities during the preceding year,
by no later than 31 October of each year.

Article 76

Content of statistical report

For each contracting authority listed in Annex IV, the

1.
statistical report shall detail at least:

(a) the number and value of awarded contracts covered by this

Directive;

(b) the number and total value of contracts awarded pursuant

to derogations to the Agreement.

(b) for each of these procedures, works as given in Annex I
and products and services as given in Annex II identified by
category of the CPV nomenclature.

(c)

the nationality of the economic operator to which the
contract was awarded.

Where the contracts have been concluded according to the
negotiated procedure, the data referred to in point (a) of the
first subparagraph shall also be broken down according to the
circumstances referred to in Articles 30 and 31 and shall
specify the number and value of contracts awarded, by
Member State and third country of the successful contractor.

2.
For each category of contracting authority which is not
given in Annex IV, the statistical report shall detail at least:

(a) the number and value of the contracts awarded, broken
down in accordance with the second subparagraph of
paragraph 1;

As far as possible, the data referred to in point (a) of the first
subparagraph shall be broken down by:

(b) the

total

value of

contracts

awarded pursuant

to

derogations to the Agreement.

C 147 E/40

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24.6.2003

The statistical report shall set out any other statistical

3.
information which is required under the Agreement.

awarded by the contracting authorities not
Annex IV.

included in

The information referred to in the first subparagraph shall be
determined pursuant to the procedure under Article 77(2).

Article 77

Advisory Committee

The Commission shall be assisted by the Advisory
set up by Article 1 of
‘the
referred to as

1.
Committee for Public Contracts
Decision 71/306/EEC (1)
Committee’).

(hereinafter

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

3.

The Committee shall adopt its rules of procedure.

The value of the thresholds set pursuant to paragraph 1
3.
in the national currencies of the Member States which are not
participating in monetary union is normally to be adjusted
every two years from 1 January 2004 onwards. The calculation
of such value shall be based on the average daily values of
those currencies expressed in euro over the 24 months termi-
nating on the last day of August preceding the revision with
effect from 1 January.

The revised thresholds referred to in paragraph 1 and
4.
their corresponding values in the national currencies referred
to in paragraph 3 shall be published by the Commission in the
Official Journal of the European Union at the beginning of the
month of November following their revision.

Article 79

Amendments

Article 78

Revision of the thresholds

In accordance with the procedure referred to in Article 77(2),
the Commission may amend:

1.
The Commission shall verify the thresholds established in
Article 7 every two years from the entry into force of this
Directive and shall,
if necessary, revise them in accordance
with the procedure laid down in Article 77(2).

(a)

the technical procedures for the calculation methods set
out in the second subparagraph of Article 78(1) and in
Article 78(3);

The calculation of the value of these thresholds shall be based
on the average daily value of the euro, expressed in SDRs, 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 thousand euro so as to ensure that the
thresholds in force provided for by the Agreement, expressed
in SDRs, are observed.

from 1 January. The value of

(b) the procedures for the drawing-up, transmission, receipt,
translation, collection and distribution of
the notices
referred to in Articles 35, 58, 64 and 69 and the statistical
reports provided for in the fourth subparagraph of Article
35(4), and in Articles 75 and 76;

(c) procedures for specific reference to specific positions in the

CPV nomenclature in the notices;

2.
At the same time as the revision under paragraph 1, the
Commission, in accordance with the procedure under Article
77(2), shall align:

(d) the lists of bodies and categories of bodies governed by
public law in Annex III, when, on the basis of the notifi-
cations from the Member States, these prove necessary;

(a) the thresholds established in (a) of the first subparagraph of
Article 8, in Article 56 and in the first subparagraph of
Article 63(1) on the revised threshold applying to public
works contracts;

(e)

the lists of central government authorities in Annex IV,
following the adaptations necessary to give effect to the
Agreement;

(b) the thresholds established in (b) of the first subparagraph of
Article 8, and in Article 67(1)(a) on the revised threshold
applying to public service contracts concluded by the
contracting authorities referred to in Annex IV;

(f)

the reference numbers in the nomenclature set out
in
insofar as this does not change the material
Annex I,
scope of this Directive, and the procedures for reference
to particular positions of this nomenclature in the notices;

(c) the threshold established in Article 67(1)(b) and (c) on the
revised threshold applying to public service contracts

(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).

(g) the reference numbers in the nomenclature set out

in
Annex II,
insofar as this does not change the material
scope of this Directive, and the procedures for reference
in the notices to particular positions in this nomenclature
within the categories of services listed in the Annex;

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(h) the procedure for sending and publishing data referred to
in Annex VIII, on grounds of technical progress or for
administrative reasons;

Article 81

Repeals

(i)

the technical details and characteristics of the devices for
electronic receipt referred to in points (a), (f) and (g) of
Annex X.

Article 80

Implementation

1.
The Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply with
this Directive no later than . . . (*). They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Directive 92/50/EEC, except
for Article 41 thereof, and
Directives 93/36/EEC and 93/37/EEC shall be repealed with
effect from the date shown in Article 80, without prejudice
to the obligations of
the Member States concerning the
deadlines for transposition and application set out in Annex XI.

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 XII.

Article 82

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Article 83

Addressees

This Directive is addressed to the Member States.

Done at . . .

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

For the European Parliament

The President

For the Council

The President

(*) 21 months after the entry into force of this Directive.

C 147 E/42

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24.6.2003

LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 1(2), POINT (b) (1)

ANNEX I

NACE (1)

Section F

Construction

CPV code

Division

Group

Class

Subject

Notes

45

Construction

This division includes:

45000000

construction of new buildings
and
and
common repairs

restoring

works,

45.1

Site preparation

45100000

45.11

Demolition
and
wrecking of buildings;
earth moving

This class includes:

45110000

— demolition of buildings and

other structures

— clearing of building sites

— earth moving:

excavation,
landfill, levelling and grading
trench
of construction sites,
removal,
digging,
blasting, etc.

rock

— site preparation for mining:

— overburden removal and
and
other development
preparation
of mineral
properties and sites

This class also includes:

— building site drainage

— drainage of agricultural or

forestry land

45.12

Test
boring

drilling

and

This class includes:

45120000

— test drilling, test boring and
for
core
construction,
geophysical,
geological or similar purposes

sampling

This class excludes:

— drilling of production oil or

gas wells, see 11.20

— water well drilling, see 45.25

— shaft sinking, see 45.25

— oil and gas field exploration,
and
geophysical, geological
seismic surveying, see 74.20

45.2

Building of complete
constructions or parts
thereof;
engin-
civil
eering

45200000

(1) In the event of any difference of interpretation between the CPV and the NACE, the NACE nomenclature will apply.

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Section F

Construction

CPV code

Division

Group

Class

Subject

Notes

NACE (1)

45210000

45220000

45230000

45.21

General
construction
of buildings and civil
engineering works

all

those

types of

for
viaducts,

This class includes:
construction of
buildings
construction of civil engineering
constructions:
including
bridges,
elevated
highways,
tunnels and subways
long-distance
munication and power lines
urban pipelines, urban communi-
cation and powerlines;
ancillary urban works
assembly
prefabricated
the site

of
erection
constructions on

pipelines,

com-

and

of
complete
constructions

This class excludes:
service activities incidental to oil
and gas extraction, see 11.20
pre-
erection
fabricated
from
self-manufactured parts not of
concrete,
see divisions 20, 26
and 28
than
construction work, other
buildings,
stadiums,
for
swimming pools, gymnasiums,
tennis courts, golf courses and
see
other
45.23
building installation, see 45.3
building completion, see 45.4
and
architectural
activities, see 74.20
project
construction, see 74.20

management

installations,

engineering

sports

for

45.22

Erection of roof
covering and frames

This class includes:
erection of roofs
roof covering
waterproofing

45.23

Construction of
highways, roads,
airfields
facilities

and

sport

other

vehicular

This class includes:
construction of highways, streets,
roads,
and
pedestrian ways
construction of railways
construction of airfield runways
than
construction work, other
buildings,
stadiums,
for
swimming pools, gymnasiums,
tennis courts, golf courses and
other sports installations
painting of markings on road
surfaces and car parks

This class excludes:
preliminary earth moving,
45.11

see

C 147 E/44

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Official Journal of the European Union

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Section F

Construction

CPV code

Division

Group

Class

Subject

Notes

NACE (1)

45.24

Construction of water
projects

45.25

Other
construction
work involving special
trades

This class includes:

45240000

of:

construction
harbour
and
pleasure ports (marinas),
etc.

river

waterways,
works,
locks,

dams and dykes

dredging

subsurface work

This class includes:

45250000

construction activities specialising
to
in
one
structures,
different
requiring
or
equipment:

common
aspect
kinds
of
specialised

skill

construction
including pile driving

of

foundations,

water well drilling and con-
struction, shaft sinking

erection of non-self-manufactured
steel elements

steel bending

bricklaying and stone setting

and work

scaffolds
erecting
including
and work platforms

and

renting of

platform
dismantling,
scaffolds

erection
industrial ovens

of

chimneys

and

This class excludes:

of

renting
erection and dismantling,
71.32

scaffolds without
see

45.3

Building installation

45300000

45.31

Installation of electrical
wiring and fittings

This class includes:

45310000

installation in buildings or other
construction projects of:

electrical wiring and fittings

telecommunications systems

electrical heating systems

residential antennas and aerials

fire alarms

burglar alarm systems

lifts and escalators

lightning conductors, etc.

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Section F

Construction

CPV code

Division

Group

Class

Subject

Notes

NACE (1)

45.32

Insulation
work activities

This class includes:

45320000

installation in buildings or other
construction projects of thermal,
sound or vibration insulation

This class excludes:

waterproofing, see 45.22

45.33

Plumbing

This class includes:

45330000

installation in buildings or other
construction projects of:

plumbing and sanitary equipment

gas fittings

heating, ventilation, refrigeration
or
equipment
and ducts

air-conditioning

sprinkler systems

This class excludes:

installation of electrical heating
systems, see 45.31

This class includes:

45340000

installation of
signalling
systems
railways, airports and harbours

illumination and
roads,

for

45.34

Other building instal-
lation

installation in buildings or other
construction projects of
fittings
and fixtures n.e.c.

45.4

Building completion

45400000

45.41

Plastering

This class includes:

45410000

application in buildings or other
construction projects of interior
and exterior plaster or stucco,
including related lathing materials

45.42

Joinery installation

This class includes:

45420000

of

installation
non-self-manu-
factured doors, windows, door
fitted
and window frames,
kitchens, staircases, shop fittings
and the like, of wood or other
materials

as
completion
interior
ceilings, wooden wall coverings,
movable partitions, etc.

such

This class excludes:

laying of parquet and other wood
floor coverings, see 45.43

C 147 E/46

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Official Journal of the European Union

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Section F

Construction

CPV code

Division

Group

Class

Subject

Notes

NACE (1)

45.43

Floor and wall
covering

This class includes:

45430000

laying, tiling, hanging or fitting
in buildings or other construction
projects of:

ceramic, concrete or cut stone
wall or floor tiles

parquet and other wood floor
coverings

carpets
coverings,
or plastic

and

linoleum floor
rubber

including of

terrazzo, marble, granite or slate
floor or wall coverings

wallpaper

45.44

Painting and glazing

This class includes:

45440000

interior and exterior painting of
buildings

painting
structures

of

civil

engineering

installation of glass, mirrors, etc

This class excludes:

Installation
45.42

of windows,

see

45.45

Other
completion

building

This class includes:

45450000

installation of private swimming
pools

steam cleaning, sand blasting and
similar
building
exteriors

activities

for

other building completion and
finishing work n.e.c.

This class excludes:

interior cleaning of buildings and
other structures, see 74.70

45500000

This class excludes:

renting of construction or demo-
lition machinery and equipment
without operators, see 71.32

45.5

45.50

Renting of
construction or demo-
lition equipment with
operator

Renting of
construction or demo-
lition equipment with
operator

(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), Regulation as amended by Commission Regulation (EC) No 29/2002 of 24 March 1993
(OJ L 6, 10.1.2002, p. 3).

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ANNEX II

SERVICES REFERRED TO IN ARTICLE 1(2)(d)

Category No

Subject

CPC Reference No (1)

CPV Reference No

ANNEX II A (1)

1

2

3

4

5

6

7

8

9

10

11

Maintenance
services

and

repair

6112, 6122, 633,
886

From 50100000 to 50982000 (except for
50310000 to 50324200 and 50116510-9,
50190000-3, 50229000-6, 50243000-0)

transport

services (2),
Land
including
car
services, and courier services,
except transport of mail

armoured

transport

Air
passengers
except transport of mail

services

and

of
freight,

712 (except 71235),
7512, 87304

From 60112000-6 to 60129300-1 (except
60121000 to 60121600, 60122200-1,
60122230-0), and from 64120000-3 to
64121200-2

73 (except 7321)

From 62100000-3 to 62300000-5 (except
62121000-6, 62221000-7)

Transport of mail by land (3)
and by air

71235, 7321

60122200-1, 60122230-0
62121000-6, 62221000-7

Telecommunications services

752

From 64200000-8 to 64228200-2,
72318000-7, and from 72530000-9 to
72532000-3

Financial services:
(a) Insurances services
(b) Banking and investment

services (4)

ex 81, 812, 814

From 66100000-1 to 66430000-3 and from
67110000-1 to 67262000-1 (4)

Computer and related services

84

From 50300000-8 to 50324200-4, from
72100000-6 to 72591000-4 (except
72318000-7 and from 72530000-9 to
72532000-3)

Research and development
services (5)

85

From 73000000-2 to 73300000-5 (except
73200000-4, 73210000-7, 7322000-0)

Accounting,
bookkeeping services

auditing

and

862

From 74121000-3 to 74121250-0

Market
opinion polling services

research and public

864

From 74130000-9 to 74133000-0, and
74423100-1, 74423110-4

Management
services (6)
services

consulting
related

and

865, 866

From 73200000-4 to 73220000-0, from
74140000-2 to 74150000-5 (except
74142200-8), and 74420000-9,
74421000-6, 74423000-0, 74423200-2,
74423210-5, 74871000-5, 93620000-0

(1) In the event of any difference of interpretation between the CPV and the CPC, the CPC nomenclature will apply.

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Official Journal of the European Union

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Category No

Subject

CPC Reference No (1)

CPV Reference No

12

867

Architectural services; engin-
eering services and integrated
services; urban
engineering
landscape
and
planning
related
engineering services;
scientific
technical
and
consulting services; technical
testing and analysis services

From 74200000-1 to 74276400-8, and
from 74310000-5 to 74323100-0, and
74874000-6

13

Advertising services

871

From 74400000-3 to 74422000-3 (except
74420000-9 and 74421000-6)

14

15

16

Building-cleaning services and
property
management
services

Publishing
printing
and
services on a fee or contract
basis

874, 82201 to
82206

From 70300000-4 to 70340000-6, and
from 74710000-9 to 74760000-4

88442

From 78000000-7 to 78400000-1

Sewage and refuse disposal
services;
and
similar services

sanitation

94

From 90100000-8 to 90320000-6, and
50190000-3, 50229000-6, 50243000-0

(1) CPC Nomenclature (provisional version), used to define the scope of Directive 92/50/EEC.
(2) Except for rail transport services covered by category 18.
(3) Except for rail transport services covered by category 18.
(4) Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central

bank services.
Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other
immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the
contract of acquisition or rental, in whatever form, shall be subject to this Directive.

(5) Except research and development services 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 contracting authority.

(6) Except arbitration and conciliation services.

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Category No

Subject

CPC Reference No

CPV Reference No

ANNEX II B

17

18

19

20

21

22

23

24

25

26

Hotel and restaurant services

64

Rail transport services

711

Water transport services

Supporting and auxiliary transport
services

Legal services

Personnel placement and supply
services (1)

72

74

861

872

From 55000000-0 to 55524000-9, and
from 93400000-2 to 93411000-2

60111000-9, and from 60121000-2 to
60121600-8

From 61000000-5 to 61530000-9, and
from 63370000-3 to 63372000-7

62400000-6, 62440000-8,
62441000-5, 62450000-1, from
63000000-9 to 63600000-5 (except
63370000-3, 63371000-0,
63372000-7), and 74322000-2,
93610000-7

From 74110000-3 to 74114000-1

From 74500000-4 to 74540000-6
(except 74511000-4), and from
95000000-2 to 95140000-5

Investigation and security services,
except armoured car services

873 (except 87304)

From 74600000-5 to 74620000-1

Education and vocational edu-
cation services

Health and social services

Recreational, cultural and sporting
services (2)

92

93

96

From 80100000-5 to 80430000-7

74511000-4, and from 85000000-9 to
85323000-9 (except 85321000-5 and
85322000-2)

From 74875000-3 to 74875200-5, and
from 92000000-1 to 92622000-7
(except 92230000-2)

27

Other services (1) (2)

(1) Except employment contracts.
(2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and

contracts for broadcasting time.

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LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW AS REFERRED TO IN THE
SECOND SUBPARAGRAPH OF ARTICLE 1(9)

ANNEX III

I. BELGIUM

Bodies

A

— Agence fédérale pour l'Accueil des demandeurs d'Asile — Federaal Agentschap voor Opvang van Asielzoekers

— Agence fédérale pour la Sécurité de la Chaîne alimentaire — Federaal Agentschap voor de Veiligheid van de

Voedselketen

— Agence fédérale de Contrôle nucléaire — Federaal Agentschap voor nucleaire Controle

— Agence wallonne à l'Exportation

— Agence wallonne des Télécommunications

— Agence wallonne pour l'Intégration des Personnes handicapées

— Aquafin

— Arbeitsamt der Deutschsprachigen Gemeinschaft

— Archives générales du Royaume et Archives de l'État dans les Provinces — Algemeen Rijksarchief en Rijksarchief in

de Provinciën Astrid

B

— Banque nationale de Belgique — Nationale Bank van België

— Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft

— Berlaymont 2000

— Bibliothèque royale Albert Ier — Koninklijke Bibliotheek Albert I

— Bruxelles-Propreté — Agence régionale pour la Propreté — Net-Brussel — Gewestelijke Agentschap voor Netheid

— Bureau d'Intervention et de Restitution belge — Belgisch Interventie — en Restitutiebureau

— Bureau fédéral du Plan — Federaal Planbureau

C

— Caisse auxiliaire de Paiement des Allocations de Chômage — Hulpkas voor Werkloosheidsuitkeringen

— Caisse auxiliaire d'Assurance Maladie-Invalidité — Hulpkas voor Ziekte — en Invaliditeitsverzekeringen

— Caisse de Secours et de Prévoyance en Faveur des Marins — Hulp — en Voorzorgskas voor Zeevarenden

— Caisse de Soins de Santé de la Société Nationale des Chemins de Fer Belges — Kas der geneeskundige Verzorging

van de Nationale Maatschappij der Belgische Spoorwegen

— Caisse nationale des Calamités — Nationale Kas voor Rampenschade

— Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises
de Batellerie — Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders der Ondernemingen
voor Binnenscheepvaart

— Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises
de Chargement, Déchargement et Manutention de Marchandises dans les Ports, Débarcadères, Entrepôts et Stations
(appelée habituellement ‘Caisse spéciale de Compensation pour Allocations familiales des Régions maritimes’) —
Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders gebezigd door Ladings- en Lossings-
ondernemingen en door de Stuwadoors in de Havens, Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd
‘Bijzondere Compensatiekas voor Kindertoeslagen van de Zeevaartgewesten’)

— Centre d'Etude de l'Energie nucléaire — Studiecentrum voor Kernenergie

— Centre de recherches agronomiques de Gembloux

— Centre hospitalier de Mons

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— Centre hospitalier de Tournai

— Centre hospitalier universitaire de Liège

— Centre informatique pour la Région de Bruxelles-Capitale — Centrum voor Informatica voor het Brusselse Gewest

— Centre pour l'Egalité des Chances et la Lutte contre le Racisme — Centrum voor Gelijkheid van Kansen en voor

Racismebestrijding

— Centre régional d'Aide aux Communes

— Centrum voor Bevolkings- en Gezinsstudiën

— Centrum voor landbouwkundig Onderzoek te Gent

— Comité de Contrôle de l'Electricité et du Gaz — Controlecomité voor Elekticiteit en Gas

— Comité national de l'Energie — Nationaal Comité voor de Energie

— Commissariat général aux Relations internationales

— Commissariaat-Generaal voor de Bevordering van de lichamelijke Ontwikkeling, de Sport en de Openluchtrecreatie

— Commissariat général pour les Relations internationales de la Communauté française de Belgique

— Conseil central de l'Economie — Centrale Raad voor het Bedrijfsleven

— Conseil économique et social de la Région wallonne

— Conseil national du Travail — Nationale Arbeidsraad

— Conseil supérieur de la Justice — Hoge Raad voor de Justitie

— Conseil supérieur des Indépendants et des petites et moyennes Entreprises — Hoge Raad voor Zelfstandigen en de

kleine en middelgrote Ondernemingen

— Conseil supérieur des Classes moyennes

— Coopération technique belge — Belgische technische Coöperatie

D

— Dienststelle der Deutschprachigen Gemeinschaft für Personen mit einer Behinderung

— Dienst voor de Scheepvaart

— Dienst voor Infrastructuurwerken van het gesubsidieerd Onderwijs

— Domus Flandria

E

— Entreprise publique des Technologies nouvelles de l'Information et de la Communication de la Communauté

française

— Export Vlaanderen

F

— Financieringsfonds voor Schuldafbouw en Eenmalige Investeringsuitgaven

— Financieringsinstrument voor de Vlaamse Visserij- en Aquicultuursector

— Fonds bijzondere Jeugdbijstand

— Fonds communautaire de Garantie des Bâtiments scolaires

— Fonds culturele Infrastructuur

— Fonds de Participation

— Fonds de Vieillissement — Zilverfonds

— Fonds d'Aide médicale urgente — Fonds voor dringende geneeskundige Hulp

— Fonds de Construction d'Institutions hospitalières et médico-sociales de la Communauté française

— Fonds de Pension pour les Pensions de Retraite du Personnel statutaire de Belgacom — Pensioenfonds voor de

Rustpensioenen van het statutair Personeel van Belgacom

— Fonds des Accidents du Travail — Fonds voor Arbeidsongevallen

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— Fonds des Maladies professionnelles — Fonds voor Beroepsziekten

— Fonds d'Indemnisation des Travailleurs licenciés en cas de Fermeture d'Entreprises — Fonds tot Vergoeding van de in

geval van Sluiting van Ondernemingen ontslagen Werknemers

— Fonds du Logement des Familles nombreuses de la Région de Bruxelles-Capitale — Woningfonds van de grote

Gezinnen van het Brusselse hoofdstedelijk Gewest

— Fonds du Logement des Familles nombreuses de Wallonie

— Fonds Film in Vlaanderen

— Fonds national de Garantie des Bâtiments scolaires — Nationaal Warborgfonds voor Schoolgebouwen

— Fonds national de Garantie pour la Réparation des Dégâts houillers — Nationaal Waarborgfonds inzake Kolenmij-

nenschade

— Fonds piscicole de Wallonie

— Fonds pour le Financement des Prêts à des Etats étrangers — Fonds voor Financiering van de Leningen aan Vreemde

Staten

— Fonds pour la Rémunération des Mousses — Fonds voor Scheepsjongens

— Fonds régional bruxellois de Refinancement des Trésoreries communales — Brussels gewestelijk Herfinancierings-

fonds van de gemeentelijke Thesaurieën

— Fonds voor flankerend economisch Beleid

— Fonds wallon d'Avances pour la Réparation des Dommages provoqués par des Pompages et des Prises d'Eau

souterraine

G

— Garantiefonds der Deutschsprachigen Gemeinschaft für Schulbauten

— Grindfonds

H

— Herplaatsingfonds

— Het Gemeenschapsonderwijs

— Hulpfonds tot financieel Herstel van de Gemeenten

I

— Institut belge de Normalisation — Belgisch Instituut voor Normalisatie

— Institut belge des Services postaux et des Télécommunications — Belgisch Instituut voor Postdiensten en Telecom-

municatie

— Institut bruxellois francophone pour la Formation professionnelle

— Institut bruxellois pour la Gestion de l'Environnement — Brussels Instituut voor Milieubeheer

— Institut d'Aéronomie spatiale — Instituut voor Ruimte — aëronomie

— Institut de Formation permanente pour les Classes moyennes et les petites et moyennes Entreprises

— Institut des Comptes nationaux — Instituut voor de nationale Rekeningen

— Institut d'Expertise vétérinaire — Instituut voor veterinaire Keuring

— Institut du Patrimoine wallon

— Institut für Aus- und Weiterbildung im Mittelstand und in kleinen und mittleren Unternehmen

— Institut géographique nationale — Nationaal geografisch Instituut

— Institution pour le Développement de la Gazéification souterraine — Instelling voor de ontwikkeling van -onder-

grondse vergassing

— Institution royale de Messine — Koninklijke Gesticht van Mesen

— Institutions universitaires de droit public relevant de la Communauté flamande — Universitaire instellingen van

publiek recht afangende van de Vlaamse Gemeenschap

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— Institutions universitaires de droit public relevant de la Communauté française — Universitaire instellingen van

publiek recht afhangende van de Franse Gemeenschap

— Institut national d'Assurance Maladie-Invalidité — Rijksinstituut voor Ziekte — en Invaliditeitsverzekering

— Institut national d'Assurances sociales pour Travailleurs indépendants — Rijksinstituut voor de sociale Verzekeringen

der Zelfstandigen

— Institut national des Industries extractives — Nationaal Instituut voor de Extractiebedrijven

— Institut national de Recherche sur les Conditions de Travail — Nationaal Onderzoeksinstituut voor Arbeidsomstan-

digheden

— Institut national des Invalides de Guerre, anciens Combattants et Victimes de Guerre — Nationaal Instituut voor

Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers

— Institut national des Radioéléments — Nationaal Instituut voor Radio-Elementen

— Institut national pour la Criminalistique et la Criminologie — Nationaal Instituut voor Criminalistiek en Crimino-

logie

— Institut pour l'Amélioration des Conditions de Travail — Instituut voor Verbetering van de Arbeidsvoorwaarden

— Institut royal belge des Sciences naturelles — Koninklijk Belgisch Instituut voor Natuurwetenschappen

— Institut royal du Patrimoine culturel — Koninklijk Instituut voor het Kunstpatrimonium

— Institut royal météorologique de Belgique — Koninklijk meteorologisch Instituut van België

— Institut scientifique de Service public en Région wallonne

— Institut scientifique de la Santé publique — Louis Pasteur — Wetenschappelijk Instituut Volksgezondheid — Louis

Pasteur

— Instituut voor de Aanmoediging van Innovatie door Wetenschap en Technologie in Vlaanderen

— Instituut voor Bosbouw en Wildbeheer

— Instituut voor het archeologisch Patrimonium

— Investeringsdienst voor de Vlaamse autonome Hogescholen

— Investeringsfonds voor Grond- en Woonbeleid voor Vlaams-Brabant

J

— Jardin botanique national de Belgique — Nationale Plantentuin van België

K

— Kind en Gezin

— Koninklijk Museum voor schone Kunsten te Antwerpen

L

— Loterie nationale — Nationale Loterij

M

— Mémorial national du Fort de Breendonk — Nationaal Gedenkteken van het Fort van Breendonk

— Musée royal de l'Afrique centrale — Koninklijk Museum voor Midden-Afrika

— Musées royaux d'Art et d'Histoire — Koninklijke Musea voor Kunst en Geschiedenis

— Musées royaux des Beaux-Arts de Belgique — Koninklijke Musea voor schone Kunsten van België

O

— Observatoire royal de Belgique — Koninklijke Sterrenwacht van België

— Office central d'Action sociale et culturelle du Ministère de la Défense — Centrale Dienst voor sociale en culturele

Actie van het Ministerie van Defensie

— Office communautaire et régional de la Formation professionnelle et de l'Emploi

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— Office de Contrôle des Assurances — Controledienst voor de Verzekeringen

— Office de Contrôle des Mutualités et des Unions nationales de Mutualités — Controledienst voor de Ziekenfondsen

en de Landsbonden van Ziekenfondsen

— Office de la Naissance et de l'Enfance

— Office de Promotion du Tourisme

— Office de Sécurité sociale d'Outre-Mer — Dienst voor de overzeese sociale Zekerheid

— Office for Foreign Investors in Wallonia

— Office national d'Allocations familiales pour Travailleurs salariés — Rijksdienst voor Kinderbijslag voor Werknemers

— Office national de l'Emploi — Rijksdienst voor Arbeidsvoorziening

— Office national de Sécurité sociale — Rijksdienst voor sociale Zekerheid

— Office national de Sécurité sociale des Administrations provinciales et locales — Rijksdienst voor sociale Zekerheid

van de provinciale en plaatselijke Overheidsdiensten

— Office national des Pensions — Rijksdienst voor Pensioenen

— Office national des Vacances annuelles — Rijksdienst voor jaarlijkse Vakantie

— Office national du Ducroire — Nationale Delcrederedienst

— Office régional bruxellois de l'Emploi — Brusselse gewestelijke Dienst voor Arbeidsbemiddeling

— Office régional de Promotion de l'Agriculture et de l'Horticulture

— Office régional pour le Financement des Investissements communaux

— Office wallon de la Formation professionnelle et de l'Emploi

— Openbaar psychiatrisch Ziekenhuis-Geel

— Openbaar psychiatrisch Ziekenhuis-Rekem

— Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest

— Orchestre national de Belgique — Nationaal Orkest van België

— Organisme national des Déchets radioactifs et des Matières fissiles — Nationale Instelling voor radioactief Afval en

Splijtstoffen

P

— Palais des Beaux-Arts — Paleis voor schone Kunsten

— Participatiemaatschappij Vlaanderen

— Pool des Marins de la Marine marchande — Pool van de Zeelieden der Koopvaardij

R

— Radio et Télévision belge de la Communauté française

— Régie des Bâtiments — Regie der Gebouwen

— Reproductiefonds voor de Vlaamse Musea

S

— Service d'Incendie et d'Aide médicale urgente de la Région de Bruxelles-Capitale — Brusselse hoofdstedelijk Dienst

voor Brandweer en dringende medische Hulp

— Société belge d'Investissement pour les pays en développement — Belgische Investeringsmaatschappij voor Ont-

wikkelingslanden

— Société d'Assainissement et de Rénovation des Sites industriels dans l'Ouest du Brabant wallon

— Société de Garantie régionale

— Sociaal economische Raad voor Vlaanderen

— Société du Logement de la Région bruxelloise et sociétés agréées — Brusselse Gewestelijke Huisvestingsmaatschappij

en erkende maatschappijen

— Société publique d'Aide à la Qualité de l'Environnement

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— Société publique d'Administration des Bâtiments scolaires bruxellois

— Société publique d'Administration des Bâtiments scolaires du Brabant wallon

— Société publique d'Administration des Bâtiments scolaires du Hainaut

— Société publique d'Administration des Bâtiments scolaires de Namur

— Société publique d'Administration des Bâtiments scolaires de Liège

— Société publique d'Administration des Bâtiments scolaires du Luxembourg

— Société publique de Gestion de l'Eau

— Société wallonne du Logement et sociétés agréées

— Sofibail

— Sofibru

— Sofico

T

— Théâtre national

— Théâtre royal de la Monnaie — De Koninklijke Muntschouwburg

— Toerisme Vlaanderen

— Tunnel Liefkenshoek

U

— Universitair Ziekenhuis Gent

V

— Vlaams Commissariaat voor de Media

— Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding

— Vlaams Egalisatie Rente Fonds

— Vlaamse Hogescholenraad

— Vlaamse Huisvestingsmaatschappij en erkende maatschappijen

— Vlaamse Instelling voor technologisch Onderzoek

— Vlaamse interuniversitaire Raad

— Vlaamse Landmaatschappij

— Vlaamse Milieuholding

— Vlaamse Milieumaatschappij

— Vlaamse Onderwijsraad

— Vlaamse Opera

— Vlaamse Radio — en Televisieomroep

— Vlaamse Reguleringsinstantie voor de Elektriciteit — en Gasmarkt

— Vlaamse Stichting voor Verkeerskunde

— Vlaams Fonds voor de Lastendelging

— Vlaams Fonds voor de Letteren

— Vlaams Fonds voor de sociale Integratie van Personen met een Handicap

— Vlaams Informatiecentrum over Land — en Tuinbouw

— Vlaams Infrastructuurfonds voor Persoonsgebonden Aangelegenheden

— Vlaams Instituut voor de Bevordering van het wetenschappelijk- en technologisch Onderzoek in de Industrie

— Vlaams Instituut voor Gezondheidspromotie

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— Vlaams Instituut voor het Zelfstandig ondernemen

— Vlaams Landbouwinvesteringsfonds

— Vlaams Promotiecentrum voor Agro — en Visserijmarketing

— Vlaams Zorgfonds

— Vlaams Woningsfonds voor de grote Gezinnen

II. DENMARK

Bodies

Danmarks Radio

Det landsdækkende TV2

Danmarks Nationalbank

Sund og Bælt Holding A/S

A/S Storebælt

A/S Øresund

Øresundskonsortiet

Ørestadsselskabet I/S

Byfornyelsesselskabet København

Hovedstadsområdets Sygehusfællesskab

Statens og Kommunernes Indkøbsservice

Post Danmark

Arbejdsmarkedets Tillægspension

Arbejdsmarkedets Feriefond

Lønmodtagernes Dyrtidsfond

Naviair

Categories

— De Almene Boligorganisationer (social housing organisations)

— Lokale kirkelige myndigheder (local church administrations)

— Andre forvaltningssubjekter (other public administrative bodies)

III. GERMANY

1. Categories

Authorities, establishments and foundations governed by public law and created by Federal, State or local authorities
particularly in the following fields:

1.1. Authorities

— Wissenschaftliche Hochschulen und verfasste Studentenschaften (universities and established student bodies)

— Berufsständige Vereinigungen (Rechtsanwalts-, Notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und
tax consultants, accountants,

representing lawyers, notaries,

[professional associations
Apothekerkammern)
architects, medical practitioners and pharmacists]

— Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-,

Industrie- und Handelskammern, Handwerksinnungen,
Handwerkerschaften) [business and trade associations: agricultural and craft associations, chambers of industry
and commerce, craftmen's guilds, tradesmen's associations]

— Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger) [social security institutions: health,

accident and pension insurance funds]

— Kassenärztliche Vereinigungen (associations of panel doctors)

— Genossenschaften und Verbände (cooperatives and other associations)

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1.2. Establishments and foundations

Non-industrial and non-commercial establishments subject to State control and operating in the general
particularly in the following fields:

interest,

— Rechtsfähige Bundesanstalten (Federal institutions having legal capacity)
— Versorgungsanstalten und Studentenwerke (pension organisations and students' unions)
— Kultur-, Wohlfahrts- und Hilfsstiftungen (cultural, welfare and relief foundations)

2. Legal persons governed by private law

Non-industrial and non-commercial establishments subject to State control and operating in the general
including kommunale Versorgungsunternehmen (municipal utilities), particularly in the following fields:

interest,

— Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und
Tierkörperbeseitigungsanstalten) [health: hospitals, health resort establishments, medical research institutes, testing
and carcase-disposal establishments]

— Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) [culture:

public theatres, orchestras, museums, libraries, archives, zoological and botanical gardens]

— Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder- und Jugendheime, Freizeiteinrichtungen,
Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte)
(social welfare: nursery
centres,
schools, children's playschools,
leisure
community and civic centres, homes for battered wives, old people's homes, accommodation for the homeless)

rest-homes, children's homes, hostels

for young people,

— Sport (Schwimmbäder, Sportanlagen und -einrichtungen) (sport: swimming baths, sports facilities)
— Sicherheit (Feuerwehren, Rettungsdienste) (safety: fire brigades, other emergency services)
— Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volkshochschulen)

[education:

training,

further training and retraining establishments, adult evening classes)

— Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Ver-
eine, Wissenschaftsförderung) (science, research and development: large-scale research institutes, scientific societies
and associations, bodies promoting science)

— Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung)

(refuse and garbage disposal services: street

cleaning, waste and sewage disposal)

— Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen, Wohnraumvermitt-
lung) (building, civil engineering and housing: town planning, urban development, housing enterprises (insofar as
they operate in the general interest), housing agency services)

— Wirtschaft (Wirtschaftsförderungsgesellschaften) (economy: organizations promoting economic development)
— Friedhofs- und Bestattungswesen (cemeteries and burial services)
— Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Aus-
bildung) (cooperation with developing countries: financing, technical cooperation, development aid, training)

IV. GREECE

Categories

a) Public enterprises and public entities
b) Legal persons governed by private law which are State-owned or which regularly receive at least 50 % of their annual
budget in the form of State subsidies, pursuant to the rules applicable, or in which the State has a capital holding of
at least 51 %.

c) Legal persons governed by private law which are owned by legal persons governed by public law, by local authorities
of any level,
including the Greek Central Association of Local Authorities (Κ.Ε.∆.Κ.Ε.), by local associations of
‘communes’, (local administrative areas) or by public entreprises or entities, or by legal persons as referred to in
b) or which regularly receive at least 50 % of their annual budget in the form of subsidies from such legal persons,
pursuant to the rules applicable or to their own articles of association, or legal persons as referred to above which
have a capital holding of at least 51 % in such legal persons governed by public law.

V. SPAIN

Categories

— Bodies and entities governed by public law which are subject to the ‘Ley de Contratos de las Administraciones
Públicas’ (Spanish State legislation on procurement) other than those which are part of the Administración General
del Estado (general national administration).

— Bodies and entities governed by public law which are subject to the ‘Ley de Contratos de las Administraciones
Públicas’, other than those which are part of the l'Administración de las Comunidades Autónomas (administration of
the autonomous regions).

— Bodies and entities governed by public law which are subject to the ‘Ley de Contratos de las Administraciones

Públicas’, other than those which are part of the Corporaciones Locales (local authorities).

— Entidades Gestoras y los Servicios Comunes de la Seguridad Social (administrative entities and common services of

the health and social services)

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VI. FRANCE

Bodies

— Collège de France

— Conservatoire national des arts et métiers

— Observatoire de Paris

— Institut national d'histoire de l'art (INHA)

— Centre national de la recherche scientifique (CNRS)

— Institut national de la recherche agronomique (INRA)

— Institut national de la santé et de la recherche médicale (INSERM)

— Institut de recherche pour le développement (IRD)

— Agence nationale pour l'emploi (ANPE)

— Caisse nationale des allocations familiales (CNAF)

— Caisse nationale d'assurance maladie des travailleurs salariés (CNAMTS)

— Caisse nationale d'assurance vieillesse des travailleurs salariés (CNAVTS)

— Compagnies et établissements consulaires: chambres de commerce et d'industrie (CCI), chambres des métiers et

chambres d'agriculture

— Office national des anciens combattants et victimes de guerre (ONAC)

Categories

1. National public bodies

— Agences de l'eau (water supply agencies)

— Écoles d'architecture (schools of architecture)

— Universités (universities)

— Instituts universitaires de formation des maîtres (IUFM) (Higher Education Teacher Training Institutes)

2. Administrative public bodies at regional, departmental and local level

— Collèges (secondary schools)

— Lycées (secondary schools)

— Établissements publics hospitaliers (public hospitals)

— Offices publics d'habitations à loyer modéré (OPHLM) (public offices for low-cost housing)

3. Groupings of territorial authorities

— Établissements publics de coopération intercommunale (public establishments for cooperation between local

authorities)

— Institutions interdépartementales et

interrégionales (institutions common to more than one Département and

interregional institutions).

VII. IRELAND

Bodies

Enterprise Ireland (marketing, technology and enterprise development)

Forfás (policy and advice for enterprise, trade, science, technology and innovation)

Industrial Development Authority

Enterprise Ireland

FÁS (Industrial and employment training)

Health and Safety Authority

Bord Fáilte Éireann (tourism development)

CERT (training in hotel, catering and tourism industries)

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Irish Sports Council

National Roads Authority

Údarás na Gaeltachta (authority for Gaelic speaking regions)

Teagasc (agricultural research, training and development)

An Bord Bia (food industry promotion)

An Bord Glas (horticulture industry promotion)

Irish Horseracing Authority

Bord na gCon (greyhound racing support and development)

Marine Institute

Bord Iascaigh Mhara (fisheries Development)

Equality Authority

Legal Aid Board

Categories

Regional Health Boards

Hospitals and similar institutions of a public character

Vocational Education Committees

Colleges and educational institutions of a public character

Central and Regional Fisheries Boards

Regional Tourism Organisations

National Regulatory and Appeals bodies (such as in the telecommunications, energy, planning etc. areas)

Agencies established to carry out particular functions or meet needs in various public sectors (e.g. Healthcare Materials
Management Board, Health Sector Employers Agency, Local Government Computer Services Board, Environmental
Protection Agency, National Safety Council, Institute of Public Administration, Economic and Social Research Institute,
National Standards Authority, etc.)

Other public bodies falling within the definition of a body governed by public law in accordance with Article 1(7) of
this Directive.

VIII. ITALY

Bodies

Società ‘Stretto di Messina’

Ente autonomo mostra d'oltremare e del lavoro italiano nel mondo

Ente nazionale per l'aviazione civile — ENAC

Ente nazionale per l'assistenza al volo — ENAV

Categories

— Enti portuali e aeroportuali (port and airport authorities)

— Consorzi per le opere idrauliche (consortia for water engineering works)

— Università statali, gli istituti universitari statali, i consorzi per i lavori interessanti le università (State universities,

State university institutes, consortia for university development work)

— Istituzioni pubbliche di assistenza e di beneficenza (public welfare and benevolent institutions)

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— Istituti superiori scientifici e culturali, osservatori astronomici, astrofisici, geofisici o vulcanologici (higher scientific

and cultural institutes, astronomical, astrophysical, geophysical or vulcanological observatories)

— Enti di ricerca e sperimentazione (organizations conducting research and experimental work)

— Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencies administering compulsory social

security and welfare schemes)

— Consorzi di bonifica (land reclamation consortia)

— Enti di sviluppo e di irrigazione (development and irrigation agencies)

— Consorzi per le aree industriali (associations for industrial areas)

— Comunità montane (groupings of muncipalities in mountain areas)

— Enti preposti a servizi di pubblico interesse (organisations providing services in the public interest)

— Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (public bodies engaged in

entertainment, sport, tourism and leisure activities)

— Enti culturali e di promozione artistica (organisations promoting culture and artistic activities).

IX. LUXEMBOURG

Categories

— Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement (public establishments of

the State placed under the supervision of a member of the Government)

— Établissements publics placés sous la surveillance des communes (public establishments placed under the supervision

of the ‘communes’) (local authorities)

— Syndicats de communes créés en vertu de la loi du 23 février 2001 concernant les syndicats de communes
(associations of local authorities created under the law of 23 February 2001 on associations of ‘communes’).

X. NETHERLANDS

Bodies

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (Ministry of the Interior and Kingdom Relations)

— Nederlands Instituut voor Brandweer en rampenbestrijding (NIBRA) (Netherlands Institute for the Fire Service and

for Combating Emergencies)

— Nederlands Bureau Brandweer Examens (NBBE) (Netherlands Fire Service Examination Board)

— Landelijk Selectie- en Opleidingsinstituut Politie (LSOP) (National Institute for Selection and Education of Policemen)

— 25 afzonderlijke politieregio's (25 individual police regions)

— Stichting ICTU (ICTU Foundation)

Ministry of Economic Affairs

— Stichting Syntens (Syntens)

— Van Swinden Laboratorium B.V. (NMi van Swinden Laboratory)

— Nederlands Meetinstituut B.V. (NMi Institute for Metrology and Technology)

— Nederlands Instituut voor Vliegtuigontwikkeling en Ruimtevaart

(NIVR)

(Netherlands Agency for Aerospace

Programmes)

— Stichting Toerisme Recreatie Nederland (TRN) (Netherlands Board of Tourism)

— Samenwerkingsverband Noord Nederland (SNN) (Cooperative Body of the provincial governments of the Northern

Netherlands)

— Gelderse Ontwikkelingsmaatschappij (GOM) (Gelderland Development Company)

— Overijsselse Ontwikkelingsmaatschappij (OOM) (OOM International Business Development)

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— LIOF (Limburg Investment Development Company LIOF)

— Noordelijke Ontwikkelingsmaatschappij (NOM) (NOM Investment Development)

— Brabantse Ontwikkelingsmaatschappij (BOM) (Brabant Development Agency)

— Onafhankelijke Post en Telecommunicatie Autoriteit (Independent Post and Telecommunications Authority)

Ministry of Finance

— De Nederlandse Bank N.V. (Netherlands Central Bank)

— Autoriteit Financiële Markten (Netherlands Authority for the Financial Markets)

— Pensioen- & Verzekeringskamer (Pensions and Insurance Supervisory Authority of the Netherlands)

Ministry of Justice

— Stichting Reclassering Nederland (SRN) (Netherlands Rehabilitation Agency)

— Stichting VEDIVO (VEDIVO Agency, Association for Managers in the (Family) Guardianship)

— Voogdij- en gezinsvoogdij instellingen (Guardianship and Family Guardianship Institutions)

— Stichting Halt Nederland (SHN) (Netherlands Halt (the alternative) Agency)

— Particuliere Internaten (Private Boarding Institutions)

— Particuliere Jeugdinrichtingen (Penal Institutions for Juvenile Offenders)

— Schadefonds Geweldsmisdrijven (Damages Fund for Violent Crimes)

— Centraal orgaan Opvang Asielzoekers (COA) (Agency for the Reception of Asylum Seekers)

— Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) (National Support and Maintenance Agency)

— Landelijke organisaties slachtofferhulp (National Victim Compensation Organisations)

— College Bescherming Persoongegevens (Netherlands Data Protection Authority)

— Stichting Studiecentrum Rechtspleging (SSR) (Administration of Justice Study Centre Agency)

— Raden voor de Rechtsbijstand (Legal Assistance Councils)

— Stichting Rechtsbijstand Asiel (Asylum Seekers Legal Advice Centres)

— Stichtingen Rechtsbijstand (Legal Assistance Agencies)

— Landelijk Bureau Racisme bestrijding (LBR) (National Bureau against Racial Discrimination)

— Clara Wichman Instituut (Clara Wichman Institute)

— Tolkencentra (Interpreting Centres)

Ministry of Agriculture, Nature Management and Fisheries

— Bureau Beheer Landbouwgronden (Land Management Service)

— Faunafonds (Fauna Fund)

— Staatsbosbeheer (National Forest Service)

— Stichting Voorlichtingsbureau voor de Voeding (Netherlands Bureau for Food and Nutrition Education)

— Universiteit Wageningen (Wageningen University and Research Centre)

— Stichting DLO (Agricultural Research Department)

— (Hoofd) productschappen (Commodity Boards)

Ministry of Education, Cultural Affairs and Science

A. G e n e r a l d e s c r i p t i o n s

— public schools or publicly funded private schools for primary education within the meaning of the Wet op het

primair onderwijs (Law on Primary Education)

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— public or publicly funded schools for special education, secondary special education or institutions for special and

secondary education within the meaning of the Wet op de expertisecentra (Law on Resource Centres)

— public schools or publicly funded private schools or institutions for secondary education within the meaning of the

Wet op het Voortgezet Onderwijs (Law on Secondary Education)

— public institutions or publicly funded private institutions within the meaning of the Wet Educatie en Beroepsonder-

wijs (Law on Education and Vocational Education)

— public schools or publicly funded private schools within the meaning of the Experimentenwet Onderwijs (Law on

Experimental Education)

— publicly funded universities and higher education institutions, the Open University, and the university hospitals,
within the meaning of the Wet op het hoger onderwijs en wetenschappelijk onderzoek (Law on Higher Education
and Scientific Research), and institutions for international education where more than 50 % of their budget comes
from public funds

— schools advisory services within the meaning of the Wet op het primair onderwijs (Law on Primary Education) or

the Wet op de expertisecentra (Law on Resource Centres)

— national teachers' centres within the meaning of the Wet subsidiëring landelijke onderwijsondersteunende activitei-

ten (Law on Subsidies for National Educational Support Activities)

— broadcasting organisations within the meaning of the Mediawet (Media Law)

— funds within the meaning of the Wet op het Specifiek Cultuurbeleid (Law on Specific Cultural Policy)

— national bodies for vocational education

— foundations within the meaning of the Wet Verzelfstandiging Rijksmuseale Diensten (Law on Privatisation of

National Museum Services)

— other museums which receive more than 50 % of their funds from the Ministry of Education, Cultural Affairs and

Science

— other organisations and institutions in the field of education, culture and science which receive more than 50 % of

their funds from Ministry of Education, Cultural Affairs and Science

B. L i s t o f n a m e s

— Informatie Beheer Groep

— Stichting Participatiefonds voor het Onderwijs

— Stichting Uitvoering Kinderopvangregelingen/Kintent

— Stichting voor Vluchteling-Studenten UAF

— Koninklijke Nederlandse Academie van Wetenschappen

— Nederlandse organisatie voor internationale samenwerking in het hoger onderwijs (Nuffic)

— Stichting Nederlands Interdisciplinair Demografisch Instituut

— Nederlandse Organisatie voor Wetenschappelijk Onderzoek

— Nederlandse Organisatie voor toegepast-natuurwetenschappelijk onderzoek

— College van Beroep voor het hoger Onderwijs

— Vereniging van openbare bibliotheken NBLC

— Koninklijke Bibliotheek

— Stichting Muziek Centrum van de Omroep

— Stichting Ether Reclame

— Stichting Radio Nederland Wereldomroep

— Nederlandse Programma Stichting

— Nederlandse Omroep Stichting

— Commissariaat voor de Media

— Stichting Stimuleringsfonds Nederlandse Culturele Omroepproducties

— Stichting Lezen

— Dienst Omroepbijdragen

— Centrum voor innovatie en opleidingen

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— Bedrijfsfonds voor de Pers

— Centrum voor innovatie van opleidingen

— Instituut voor Toetsontwikkeling (Cito)

— Instituut voor Leerplanontwikkeling

— Landelijk Dienstverlenend Centrum voor Studie- en Beroepskeuzevoorlichting

— Max Goote Kenniscentrum voor Beroepsonderwijs en Volwasseneneducatie

— Stichting Vervangingsfonds en Bedrijfsgezondheidszorg voor het Onderwijs

— BVE-Raad

— Colo, Vereniging kenniscentra beroepsonderwijs bedrijfsleven

— Stichting kwaliteitscentrum examinering beroepsonderwijs

— Vereniging Jongerenorganisatie Beroepsonderwijs

— Combo Stichting Combinatie Onderwijsorganisatie

— Stichting Financiering Struktureel Vakbondsverlof Onderwijs

— Stichting Samenwerkende Centrales in het COPWO

— Stichting SoFoKles

— Europees Platform

— Stichting mobiliteitsfonds HBO

— Nederlands Audiovisueel Archiefcentrum

— Stichting minderheden Televisie Nederland

— Stichting omroep allochtonen

— Stichting multiculturele Activiteiten Utrecht

— School der Poëzie

— Nederlands Perscentrum

— Nederlands Letterkundig Museum en documentatiecentrum

— Bibliotheek voor varenden

— Christelijke bibliotheek voor blinden en slechtzienden

— Federatie van Nederlandse Blindenbibliotheken

— Nederlandse luister- en braillebibliotheek

— Federatie Slechtzienden- en Blindenbelang

— Bibliotheek Le Sage Ten Broek

— Doe Maar Dicht Maar

— ElHizjra

— Fonds Bijzondere Journalistieke Projecten

— Fund for Central and East European Book Projects

— Jongeren Onderwijs Media

Ministry of Social Affairs and Employment

— Sociale Verzekeringsbank (Social Insurance Bank)

— Arbeidsvoorzieningsorganisatie (Employment Service)

— Stichting Silicose Oud Mijnwerkers (Foundation for Former Miners suffering from Silicosis)

— Stichting Pensioen- & Verzekeringskamer (Pensions and Insurance Supervisory Authority of the Netherlands)

— Sociaal Economische Raad (SER) (Social and Economic Council in the Netherlands)

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— Raad voor Werk en Inkomen (RWI) (Council for Work and Income)

— Centrale organisatie voor werk en inkomen (Central Organisation for Work and Income)

— Uitvoeringsinstituut werknemersverzekeringen (Implementing body for employee insurance schemes)

Ministry of Transport, Communications and Public Works

— RDW Voertuig informatie en toelating (Vehicle information and administration service)

— Luchtverkeersbeveiligingsorganisatie (LVB) (Air Traffic Control Agency)

— Nederlandse Loodsencorporatie (NLC) (Netherlands maritime pilots association)

— Regionale Loodsencorporatie (RLC) (Regional maritime pilots association)

Ministry of Housing, Planning and the Environment

— Kadaster (Public Registers Agency)

— Centraal Fonds voor de Volkshuisvesting (Central Housing Fund)

— Stichting Bureau Architectenregister (Architects Register)

Ministry of Health, Welfare and Sport

— Commissie Algemene Oorlogsongevallenregeling Indonesië (COAR)

— College ter beoordeling van de Geneesmiddelen (CBG) (Medicines Evaluation Board)

— Commissies voor gebiedsaanwijzing

— College sanering Ziekenhuisvoorzieningen (National Board for Redevelopment of Hospital Facilities)

— Zorgonderzoek Nederland (ZON) (Health Research and Development Council)

— Inspection bodies under the Wet medische hulpmiddelen (Law on Medical Appliances)

N.V. KEMA/Stichting TNO Certification (KEMA/TNO Certification)

College Bouw Ziekenhuisvoorzieningen (CBZ) (National Board for Hospital Facilities)

— College voor Zorgverzekeringen (CVZ) (Health Care Insurance Board)

— Nationaal Comité 4 en 5 mei (National 4 and 5 May Committee)

— Pensioen- en Uitkeringsraad (PUR) (Pension and Benefit Board)

— College Tarieven Gezondheidszorg (CTG) (Health Service Tariff Tribunal)

— Stichting Uitvoering Omslagregeling Wet op de Toegang Ziektekostenverzekering (SUO)

— Stichting tot bevordering van de Volksgezondheid en Milieuhygiëne (SVM) (Foundation for the Advancement of

Public Health and Environment)

— Stichting Facilitair Bureau Gemachtigden Bouw VWS

— Stichting Sanquin Bloedvoorziening (Sanquin Blood Supply Foundation)

— College van Toezicht op de Zorgverzekeringen organen ex artikel 14, lid 2c, Wet BIG (Supervisory Board of Health

Care Insurance Committees for registration of professional health care practices)

— Ziekenfondsen (Health Insurance Funds)

— Nederlandse Transplantatiestichting (NTS) (Netherlands Transplantation Foundation)

— Regionale Indicatieorganen (RIO's) (Regional bodies for Need Assessment).

XI. AUSTRIA

All bodies under the budgetary control of the ‘Rechnungshof’ (Court of Auditors) except those of an industrial or
commercial nature.

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XII. PORTUGAL

Categories

— Institutos públicos sem carácter comercial ou industrial

(public institutions without commercial or industrial

character)

— Serviços públicos personalizados (public services having legal personality)

— Fundações públicas (public foundations)

— Estabelecimentos públicos de ensino,

investigação científica e saúde (public institutions for education, scientific

research and health)

XIII. FINLAND

Public or publicly controlled bodies and undertakings except those of an industrial or commercial nature.

XIV. SWEDEN

All non-commercial bodies whose public contracts are subject
Procurement.

to supervision by the National Board for Public

XV. UNITED KINGDOM

Bodies

— Design Council

— Health and Safety Executive

— National Research Development Corporation

— Public Health Laboratory Service Board

— Advisory, Conciliation and Arbitration Service

— Commission for the New Towns

— National Blood Authority

— National Rivers Authority

— Scottish Enterprise

— Scottish Homes

— Welsh Development Agency

Categories

— Maintained schools

— Universities and colleges financed for the most part by other contracting authorities

— National Museums and Galleries

— Research Councils

— Fire Authorities

— National Health Service Strategic Health Authorities

— Police Authorities

— New Town Development Corporations

— Urban Development Corporations

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ANNEX IV

CENTRAL GOVERNMENT AUTHORITIES (1)

BELGIUM

— l'État

— de Staat

— the State

— les communautés

— de gemeenschappen

— the communities

— les commissions communautaires — de gemeenschapscommissies

— the community commissions

— les régions

— les provinces

— les communes

— de gewesten

— de provincies

— de gemeenten

— the regions

— the provinces

— the communes

— les centres publics d'aide sociale

— de openbare centra voor maats-

— public centres for social assistance

— les

d'églises

fabriques

les
organismes chargés de la gestion
du temporel des autres cultes
reconnus

et

chappelijk welzijn

— de kerkfabrieken en de instel-
lingen die belast zijn met het
beheer van de temporalïen van
de erkende erediensten

— church councils and organisations
the
recognised

for managing
other

responsible
assets
of
religious orders

— les

sociétés de développement

régional

— de

gewestelijke
smaatschappijen

ontwikkeling-

— regional development companies

— les polders et wateringues

— de polders en wateringen

— the polders and water boards

— les comités de remembrement des

— de ruilverkavelingscomités

— land-consolidation committees

biens ruraux

— les zones de police

— de politiezones

— police zones

— les

associations
plusieurs des pouvoirs
cateurs ci-dessus.

formées

par
adjudi-

— de verenigingen gevormd door
een of meerdere aanbestedende
overheden hierboven.

— associations formed by several of
the above awarding authorities.

DENMARK

1. Folketinget — The Danish Parliament

Rigsrevisionen — The National Audit Office

2. Statsministeriet — The Prime Minister's Office

3. Udenrigsministeriet — Ministry of Foreign Affairs

4. Beskæftigelsesministeriet — Ministry of Employment

5. Domstolsstyrelsen — The Court Administration

6. Finansministeriet — Ministry of Finance

5 styrelser og institutioner — 5 agencies and insti-
tutions

5 styrelser og institutioner — 5 agencies and insti-
tutions

7. Forsvarsministeriet — Ministry of Defence

Adskillige institutioner — Several institutions

8. Indenrigs- og Sundhedsministeriet — Ministry of the

Interior and Health

9. Justitsministeriet — Ministry of Justice

Adskillige styrelser og institutioner, herunder Statens
Serum Institut — Several agencies and institutions,
including Statens Serum Institut

Rigspolitichefen, 2 direktorater samt et antal styrelser
— Commissioner of Police, 2 directorates and a
number of agencies

10. Kirkeministeriet — Ministry of Ecclesiastical Affairs

10 stiftsøvrigheder — 10 diocesan authorities

11. Kulturministeriet — Ministry of Culture

Departement
department and a number of institutions

samt et antal

statsinstitutioner — A

12. Miljøministeriet — Ministry of the Environment

6 styrelser — 6 agencies

(1) For the purposes of this Directive ‘central government authorities’ means the authorities that are listed by way of indication in this

Annex and, insofar as corrections or amendments have been made at national level, their successor entities.

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13. Ministeriet for Flygtninge, Invandrere og Integration —
Immigration and Integration

Ministry for Refugee,
Affairs

1 styrelse — 1 agency

14. Ministeriet

for Fødevarer, Landbrug og Fiskeri —

Ministry of Food, Agriculture and Fisheries

9 direktorater og institutioner — 9 directorates and
institutions

15. Ministeriet

for Videnskab, Teknologi og herunder
Udvikling — Ministry of Science, Technology and Inno-
vation

16. Skatteministeriet — Ministry of Taxation

17. Socialministeriet — Ministry of Social Affairs

18. Trafikministeriet — Ministry of Transport

19. Undervisningsministeriet — Ministry of Education

Adskillige styrelser og institutioner, Forskningscenter
Risø og Statens uddannelsesbygninger — Several
including Risoe National
agencies and institutions,
Laboratory
and
Education Buildings

and Danish National Research

1 styrelse og institutioner — 1 agency and several
institutions

3 styreler og institutioner — 3 agencies and several
institutions

12 styrelser og institutioner, herunder Øresundsbrokon-
sortiet — 12 agencies and institutions,
including
Øresundsbrokonsortiet

3 styrelser, 4 undervisningsinstitutioner og 5 andre
institutioner — 3 agencies, 4 educational
estab-
lishments, 5 other institutions

20. Økonomi- og Erhvervsministeriet — Ministry of

Economic and Business Affairs

Adskillige styrelser og institutioner — Several agencies
and institutions

GERMANY

Auswärtiges Amt

Federal Ministry for Foreign Affairs
Office)

(Federal Foreign

Bundesministerium des Innern (nur zivile Güter)

Federal Ministry of the Interior (only civil goods)

Bundesministerium der Justiz

Bundesministerium der Finanzen

Federal Ministry of Justice

Federal Ministry of Finance

Bundesministerium für Wirtschaft und Technologie

Federal Ministry of Economics and Technology

Bundesministerium für Verbraucherschutz, Ernährung und
Landwirtschaft

Federal Ministry of Consumer Protection, Food and Agri-
culture

Bundesministerium für Arbeit und Sozialordnung

Federal Ministry of Labour and Social Affairs

Bundesministerium der Verteidigung (keine militärischen
Güter)

Federal Ministry of Defence (no military goods)

Bundesministerium für Familie, Senioren, Frauen und
Jugend

Federal Ministry for Family Affairs, Senior Citizens,
Women and Youth

Bundesministerium für Gesundheit

Federal Ministry for Health

Bundesministerium
Wohnungswesen

für

Verkehr,

Bau-

und

Federal Ministry of Transport, Building and Housing

Bundesministerium für Umwelt, Naturschutz und Reaktor-
sicherheit

Federal Ministry for the Environment, Nature Conser-
vation and Nuclear Safety

Bundesministerium für Bildung und Forschung

Federal Ministry of Education and Research

Bundesministerium für wirtschaftliche Zusammenarbeit
und Entwicklung

Federal Ministry for Economic Cooperation and Devel-
opment

GREECE

1. Υπουργείο

Εσωτερικών,

∆ηµόσιας

∆ιοίκησης

και

Αποκέντρωσης

2. Υπουργείο Εξωτερικών

Ministry of
Decentralization

the Interior, Public Administration and

Ministry of Foreign Affairs

3. Υπουργείο Οικονοµίας και Οικονοµικών

Ministry of Economy and Finance

4. Υπουργείο Ανάπτυξης

5. Υπουργείο ∆ικαιοσύνης

Ministry of Development

Ministry of Justice

6. Υπουργείο Εθνικής Παιδείας και Θρησκευµάτων

Ministry of Education and Religion

7. Υπουργείο Πολιτισµού

Ministry of Culture

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8. Υπουργείο Υγείας — Πρόνοιας

Ministry of Health and Welfare

9. Υπουργείο Περιβάλλοντος, Χωροταξίας

και ∆ηµοσίων

Έργων

Ministry of Environment, Physical Planning and Public
Works

10. Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων

Ministry of Labour and Social Security

11. Υπουργείο Μεταφορών και Επικοινωνιών

Ministry of Transport and Communications

12. Υπουργείο Γεωργίας

Ministry of Agriculture

13. Υπουργείο Εµπορικής Ναυτιλίας

Ministry of Merchant Marine

14. Υπουργείο Μακεδονίας-Θράκης

Ministry of Macedonia and Thrace

15. Υπουργείο Αιγαίου

Ministry of the Aegean

16. Υπουργείο Τύπου και Μέσων Μαζικής Ενηµέρωσης

Ministry of Press

17. Γενική Γραµµατεία Νέας Γενιάς

General Secretariat for Youth

18. Γενική Γραµµατεία Ισότητας

General Secretariat of Equality

19. Γενική Γραµµατεία Κοινωνικών Ασφαλίσεων

General Secretariat for Social Security

20. Γενική Γραµµατεία Απόδηµου Ελληνισµού

General Secretariat for Greeks Living Abroad

21. Γενική Γραµµατεία Βιοµηχανίας

General Secretariat for Industry

22. Γενική Γραµµατεία Έρευνας και Τεχνολογίας

General Secretariat for Research and Technology

23. Γενική Γραµµατεία Αθλητισµού

General Secretariat for Sports

24. Γενική Γραµµατεία ∆ηµοσίων Έργων

General Secretariat for Public Works

25. Γενική Γραµµατεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος

National Statistical Service

26. Εθνικός Οργανισµός Κοινωνικής Φροντίδας

National Welfare Organisation

27. Οργανισµός Εργατικής Κατοικίας

Workers' Housing Organisation

28. Εθνικό Τυπογραφείο

29. Γενικό Χηµείο του Κράτους

30. Ταµείο Εθνικής Οδοποιίας

National Printing Office

General State Laboratory

Greek Highway Fund

31. Εθνικό Καποδιστριακό Πανεπιστήµιο Αθηνών

University of Athens

32. Αριστοτέλειο Πανεπιστήµιο Θεσσαλονίκης

University of Thessaloniki

33. ∆ηµοκρίτειο Πανεπιστήµιο Θράκης

34. Πανεπιστήµιο Αιγαίου

35. Πανεπιστήµιο Ιωαννίνων

36. Πανεπιστήµιο Πατρών

University of Thrace

University of Aegean

University of Ioannina

University of Patras

37. Πανεπιστήµιο Μακεδονίας

University of Macedonia

38. Πολυτεχνείο Κρήτης

Polytechnic School of Crete

39. Σιβιτανίδειος ∆ηµόσια Σχολή Τεχνών και Επαγγελµάτων

Sivitanidios Technical School

40. Αιγινήτειο Νοσοκοµείο

41. Αρεταίειο Νοσοκοµείο

Eginitio Hospital

Areteio Hospital

42. Εθνικό Κέντρο ∆ηµόσιας ∆ιοίκησης

National Centre of Public Administration

43. Οργανισµός ∆ιαχείρισης ∆ηµοσίου Υλικού ΑΕ

Public Material Management Organisation

44. Οργανισµός Γεωργικών Ασφαλίσεων

Farmers' Insurance Organisation

45. Οργανισµός Σχολικών Κτιρίων

School Building Organisation

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46. Γενικό Επιτελείο Στρατού (1)

47. Γενικό Επιτελείο Ναυτικού (2)

Army General Staff

Navy General Staff

48. Γενικό Επιτελείο Αεροπορίας (3)

Airforce General Staff

49. Ελληνική Επιτροπή Ατοµικής Ενέργειας

Greek Atomic Energy Commission

50. Γενική Γραµµατεία Εκπαίδευσης Ενηλίκων

General Secretariat for Further Education

(1) Non-warlike materials covered by Annex V.
(2) Non-warlike materials covered by Annex V.
(3) Non-warlike materials covered by Annex V.

SPAIN

Presidencia del Gobierno

Office of the Prime Minister

Ministerio de Asuntos Exteriores

Ministry of Foreign Affairs

Ministerio de Justicia

Ministerio de Defensa

Ministerio de Hacienda

Ministerio de Interior

Ministerio de Fomento

Ministry of Justice

Ministry of Defence

Ministry of Finance

Ministry of the Interior

Ministry of Internal Development

Ministerio de Educación, Cultura y Deportes

Ministry of Education, Culture and Sport

Ministerio de Trabajo y Asuntos Sociales

Ministry of Labour and Social Affairs

Ministerio de Agricultura, Pesca y Alimentación

Ministry of Agriculture, Fisheries and Food

Ministerio de la Presidencia

Ministry of the Office of the Prime Minister

Ministerio de Administraciones Públicas

Ministry of Public Administration

Ministerio de Sanidad y Consumo

Ministry of Health and Consumer Affairs

Ministerio de Economía

Ministry of Economic Affairs

Ministerio de Medio Ambiente

Ministry of the Environment

Ministerio de Ciencia y Tecnología

Ministry of Science and Technology

1. Ministries

FRANCE

— Services du Premier ministre

— Office of the Prime Minister

— Ministère des affaires étrangères

— Ministry of Foreign Affairs

— Ministère des affaires sociales, du travail et de la

— Ministry of Social Affairs, Labour and Solidarity

solidarité

— Ministère de l'agriculture, de l'alimentation, de la

— Ministry of Agriculture, Food, Fisheries and Rural

pêche et des affaires rurales

Affairs

— Ministère de la culture et de la communication

— Ministry of Culture and Communication

— Ministère de la défense (1)

— Ministry of Defence

— Ministère de l'écologie et du développement durable — Ministry of Ecology and Sustainable Development

— Ministère de l'économie, des finances et de l'industrie — Ministry of Economic Affairs, Finance and Industry

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— Ministère

des
logement, du tourisme et de la mer

l'équipement,

de

transports,

du

— Ministry

of

Infrastructure,

Transport, Housing,

Tourism and the Sea

— Ministère de la fonction publique, de la réforme de

— Ministry of

the Civil Service, State Reform and

l'Etat et de l'aménagement du territoire

Regional Planning

— Ministère de l'intérieur, de la sécurité intérieure et des

— Ministry of the Interior, Internal Security and Local

libertés locales

Freedoms

— Ministère de la justice

— Ministry of Justice

— Ministère de la jeunesse, de l'éducation nationale et de

— Ministry of Youth, Education and Research

la recherche

— Ministère de l'outre-mer

— Ministry of Overseas Territories

— Ministère de la santé, de la famille et des personnes

— Ministry of Health, the Family and Disabled Persons

handicapées

— Ministère des sports

— Ministry of Sport

2. National public establishments

— Académie de France à Rome

— Academy of France in Rome

— Académie de marine

— Naval Academy

— Académie des sciences d'outre-mer

— Overseas Academy of Sciences

— Agence centrale des organismes de sécurité sociale

— Central Agency for Social Security Bodies

(ACOSS)

— Agence nationale pour l'amélioration des conditions

— National Agency for the Improvement of Working

de travail (ANACT)

Conditions

— Agence nationale pour

l'amélioration de l'habitat

— National Agency for the Improvement of the Habitat

(ANAH)

— Agence nationale pour l'indemnisation des français

d'outre-mer (ANIFOM)

— National Agency
Overseas Nationals

for Compensation of

French

— Assemblée permanente des chambres d'agriculture

— Permanent Assembly of

the Regional Chambers of

(APCA)

Agriculture

— Bibliothèque nationale de France

— National Library of France

— Bibliothèque nationale et universitaire de Strasbourg — National and University Library of Strasbourg

— Bibliothèque publique d'information

— Public Information Library

— Caisse des dépôts et consignations

— Deposits and Consignments Fund

— Caisse nationale des autoroutes (CNA)

— National Highways Fund

— Caisse nationale militaire de sécurité sociale (CNMSS) — National Social Security Fund for the Military

— Centre des monuments nationaux (CMN)

— National Monuments Centre

— Caisse de garantie du logement locatif social

— Social Housing Guarantee Fund

— Casa de Velasquez

— Casa de Velázquez

— Centre d'enseignement zootechnique

— Centre for Zootechnical Studies

— Centre d'études du milieu et de pédagogie appliquée

— Ministry of Agriculture's Centre for Environmental

du ministère de l'agriculture

Studies and Applied Teaching

— Centre d'études supérieures de sécurité sociale

— Centre for Higher Social Security Studies

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— Centres de formation professionnelle agricole

— Agricultural Training Centres

— Centre national d'art et de culture Georges Pompidou — Georges Pompidou National Centre of Art and Culture

— Centre national de la cinématographie

— National Cinematography Centre

— Centre national d'études

et de

formation pour

l'enfance inadaptée

— National Study and Training Centre for Professionals
working with Children with Adaptation Difficulties

— Centre national d'études et d'expérimentation du
machinisme agricole, du génie rural, des eaux et des
forêts (CEMAGREF)

— National Institute for Agricultural and Environmental

Engineering

— Centre national des lettres

— National Literary Arts Centre

— Centre national de documentation pédagogique

— National Teaching Documentation Centre

— Centre national des oeuvres universitaires et scolaires

— National Centre

for Assistance

to School

and

(CNOUS)

University Students

— Centre hospitalier des Quinze-Vingts

— Quinze-Vingts Hospital

— Centre national de promotion rurale de Marmilhat

— Marmilhat National Rural Development Centre

— Centres d'éducation populaire et de sport (CREPS)

— Adult Education and Sports Centres

— Centres régionaux des œuvres universitaires (CROUS) — Regional Centres for Assistance to University Students

— Centres régionaux de la propriété forestière

— Regional Forest Property Centres

— Centre de sécurité sociale des travailleurs migrants

— Social Security Centre for Migrant Workers

— Commission des opérations de bourse

— Stock Exchange Operations Commission

— Conseil supérieur de la pêche

— Fisheries Council

— Conservatoire de

l'espace

littoral

et des

rivages

— Coast and Lakeshore Conservation Agency

lacustres

— Conservatoire national supérieur de musique de Paris — Paris Higher National Music Conservatoire

— Conservatoire national supérieur de musique de Lyon — Lyon Higher National Music Conservatoire

— Conservatoire national supérieur d'art dramatique

— National Drama School

— École centrale — Lyon

— National College of Engineering and Research, Lyon

— École centrale des arts et manufactures

— National College of Engineering and Science, Paris

— Ecole du Louvre

— Ecole du Louvre Art

— École française d'archéologie d'Athènes

— French School of Archaeology in Athens

— École française d'Extrême-Orient

— French School of Far East Studies

— École française de Rome

— French School in Rome

— École des hautes études en sciences sociales

— College of Advanced Studies in Social Sciences

— École nationale d'administration

— National Public Administration College

— École nationale de l'aviation civile (ENAC)

— National Civil Aviation College

— École nationale des Chartes

— Chartres National College

— École nationale d'équitation

— National Equitation College

— École nationale du génie rural des eaux et des forêts

— National College of Rural, Water and Forestry Engi-

(ENGREF)

neering

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— Écoles nationales d'ingénieurs

— National Engineering Colleges

— École nationale d'ingénieurs des
industries agricoles et alimentaires

techniques des

— National College for Agro-Food Industry Engineers

— Écoles nationales d'ingénieurs des travaux agricoles

— National College of Agricultural Engineers

— Ecole nationale du génie de l'eau et de l'environ-

— Strasbourg National College of Water and Environ-

nement de Strasbourg

mental Engineering

— École nationale de la magistrature

— National College for the Judiciary

— Écoles nationales de la marine marchande

— National Merchant Navy Colleges

— École nationale de la santé publique (ENSP)

— National Public Health College

— École nationale de ski et d'alpinisme

— National Skiing and Mountaineering College

— École nationale supérieure agronomique — Mont-

— Montpellier National Higher College of Agronomy

pellier

— École nationale supérieure agronomique — Rennes

— National Higher College of Agronomy, Rennes

— École nationale supérieure des arts décoratifs

— National Higher College of the Decorative Arts

— École nationale supérieure des arts et industries —

— National Higher College of Arts and Industries,

Strasbourg

Strasbourg

— École nationale supérieure des arts et industries textiles

— National Higher College of Arts and Textile Industries,

— Roubaix

Roubaix

— Écoles nationales supérieures d'arts et métiers

— National Higher Colleges of Engineering

— École nationale supérieure des beaux-arts

— National Higher College of Fine Arts

— École nationale supérieure des bibliothécaires

— National Higher College for Librarians

— École nationale supérieure de céramique industrielle

— National Higher College of Industrial Ceramics

— École nationale supérieure de l'électronique et de ses

— National Higher College of Electronics and Electrical

applications (ENSEA)

Engineering

— École nationale supérieure des industries agricoles

— National Higher College for the Agri-Food Industries

alimentaires

— École nationale supérieure du paysage

— National Higher College of Landscape Design

— Écoles nationales vétérinaires

— National Colleges of Veterinary Medicine

— École nationale de voile

— National Sailing College

— Écoles normales nationales d'apprentissage

— National Teacher Training Colleges

— Écoles normales supérieures

— Higher Teacher Training Colleges

— École polytechnique

— Polytechnical College

— École technique professionnelle agricole et forestière

— Meymac Agricultural and Forrestry Training College

de Meymac (Corrèze)

(Corrèze)

— École de sylviculture — Crogny (Aube)

— Crogny Forrestry College (Aube)

— École de viticulture et d'oenologie de la Tour-Blanche

— Tour Blanche College of Viticulture and Oenology

(Gironde)

(Gironde)

— École de viticulture — Avize (Marne)

— Avize Viticulture College (Marne)

— Hôpital national de Saint-Maurice

— Saint-Maurice National Hospital

— Établissement national des invalides de la marine

— National Social Security Institute for Disabled Sea

(ENIM)

Workers

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— Établissement national de bienfaisance Koenigswarter — Koenigswarter National Charitable Organisation

— Établissement de maîtrise d'ouvrage des

travaux

— Corporation for Supervision of Work on State-Owned

culturels (EMOC)

Buildings of Cultural or Educational Interest

— Établissement public du musée et du domaine national

de Versailles

— Public Corporation for
Domain of Versailles

the Museum and National

— Fondation Carnegie

— Carnegie Foundation

— Fondation Singer-Polignac

— Singer-Polignac Foundation

— Fonds d'action et de soutien pour l'intégration et la

— Action and Support Fund for Integration and the Fight

lutte contre les discriminations

against Discrimination

— Institut de l'élevage et de médecine vétérinaire des

— Institute for Stockfarming and Veterinary Medicine in

pays tropicaux (IEMVPT)

Tropical Countries

— Institut français d'archéologie orientale du Caire

— French Eastern Archaeology Institute in Cairo

— Institut français de l'environnement

— French Environmental Institute

— Institut géographique national

— National Geographical Institute

— Institut industriel du Nord

— Industrial Institute of the Nord Region

— Institut national agronomique de Paris-Grignon

— Paris-Grignon National Agronomics Institute,

— Institut national des appellations d'origine (INAO)

— National Institute for Designations of Origin

— Institut national d'astronomie

et de géophysique

— National Astronomy and Geophysics Institute

(INAG)

— Institut national de la consommation (INC)

— National Consumption Institute

— Institut national d'éducation populaire (INEP)

— National Adult Education Institute

— Institut national d'études démographiques (INED)

— National Institute of Demographic Studies

— Institut national des jeunes aveugles — Paris

— National Institute for Young Blind People, Paris

— Institut national des jeunes sourds — Bordeaux

— National Institute for Young Deaf People, Bordeaux

— Institut national des jeunes sourds — Chambéry

— National Institute for Young Deaf People, Chambéry

— Institut national des jeunes sourds — Metz

— National Institute for Young Deaf People, Metz

— Institut national des jeunes sourds — Paris

— National Institute for Young Deaf People, Paris

— Institut national du patrimoine

— French National Heritage Institute

— Institut national de physique nucléaire et de physique

des particules (I.N2.P3)

— National
Physics

Institute of Nuclear Physics and Particle

— Institut national de la propriété industrielle

— National Intellectual Property Institute

— Institut

national

de

recherches

archéologiques

préventives

— National
Research

Institute

for

Preventive Archaeological

— Institut national de recherche pédagogique (INRP)

— National Institute for Educational Research

— Institut national des sports et de l'éducation physique — National Institute for Sport and Physical Education

— Instituts nationaux polytechniques

— National Polytechnical Colleges

— Instituts nationaux des sciences appliquées

— National Institutes of Applied Sciences

— Institut national supérieur de chimie industrielle de

— Rouen Higher National

Institute

of

Industrial

Rouen

Chemistry

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— Institut national de recherche en informatique et en

— National Institute for Computer Science and Control

automatique (INRIA)

Research

— Institut national de recherche sur les transports et leur

— National Institute for Transport and Safety Research

sécurité (INRETS)

— Instituts régionaux d'administration

— Regional Public Administration Colleges

— Institut supérieur des matériaux et de la construction

— Saint-Ouen Higher

Institute

of Materials

and

mécanique de Saint-Ouen

Mechanical Construction

— Musée Auguste-Rodin

— Auguste-Rodin Museum

— Musée de l'armée

— Military Museum

— Musée Gustave-Moreau

— Gustave-Moreau Museum

— Musée du Louvre

— Louvre Museum

— Musée du quai Branly

— Quai Branly Museum

— Musée national de la marine

— Naval Museum

— Musée national J.-J.-Henner

— National J.J. Henner Museum

— Musée national de la Légion d'honneur

— National Museum of the Legion of Honour

— Muséum national d'histoire naturelle

— National Natural History Museum

— Office de coopération et d'accueil universitaire

— University Cooperation and Reception Office

— Office français de protection des réfugiés et apatrides — French Office for the Protection of Refugees and

Stateless Persons

— Office national de la chasse et de la faune sauvage — National Office for Hunting and Wild Fauna

— Office national d'information sur les enseignements et

— National Office for Information on Higher Education

les professions (ONISEP)

and Careers

— Office des migrations internationales (OMI)

— International Migration Office

— Office universitaire et culturel français pour l'Algérie — French University and Cultural Office for Algeria

— Palais de la découverte

— Discovery Museum

— Parcs nationaux

— National Parks

— Syndicat des transports parisiens d'Ile-de-France

— Ile-de-France and Paris Transport Authority

— Thermes nationaux — Aix-les-Bains

— National Thermal Baths at Aix-les-Bains

3. Autre organisme public national

3. Other national public bodies

— Union des groupements d'achats publics (UGAP)

— Public Procurement Department

(1) Non-warlike materials.

IRELAND

President's Establishment

Houses of the Oireachtas [Parliament] and European Parliament

Department of the Taoiseach [Prime Minister]

Central Statistics Office

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Department of Finance

Office of the Comptroller and Auditor General

Office of the Revenue Commissioners

Office of Public Works

State Laboratory

Office of the Attorney General

Office of the Director of Public Prosecutions

Valuation Office

Civil Service Commission

Office of the Ombudsman

Chief State Solicitor's Office

Department of Justice, Equality and Law Reform

Courts Service

Prisons Service

Office of the Commissioners of Charitable Donations and Bequests

Department of the Environment and Local Government

Department of Education and Science

Department of Communications, Marine and Natural Resources

Department of Agriculture and Food

Department of Transport

Department of Health and Children

Department of Enterprise, Trade and Employment

Department of Arts, Sports and Tourism

Department of Defence

Department of Foreign Affairs

Department of Social and Family Affairs

Department of Community, Rural and Gaeltacht [Gaelic speaking regions] Affairs

Arts Council

National Gallery.

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1. Purchasing bodies

ITALY

1. Presidenza del Consiglio dei Ministri

Presidency of the Council of Ministers

2. Ministero degli Affari Esteri

Ministry of Foreign Affairs

3. Ministero dell'Interno

4. Ministero della Giustizia

5. Ministero della Difesa

6. Ministero dell'Economia e delle Finanze

7. Ministero delle Attività Produttive

8. Ministero delle Comunicazioni

9. Ministero delle Politiche agricole e forestali

10. Ministero dell'Ambiente e tutela del Territorio

11. Ministero delle Infrastrutture e Transporti

Ministry of Interior

Ministry of Justice

Ministry of Defence (1)

Ministry of Economy and Finance (former Ministry of
Treasury and Ministry of Finance)

Ministry of Productive Activities (former Ministry of
tourism and Ministry of
Industry,
foreign trade)

trade, handicraft

Ministry of Communications (former Ministry of posts
and telecommunications)

Ministry of Agricultural and Forestal Policies (former
Ministry of agricultural resources)

Ministry of Environment and defence of Territory
(former Ministry of environment)

Ministry of
Ministry of transports and Ministry of Public works)

Infrastructures and Transports

(former

12. Ministero del Lavoro e delle politiche sociali

Ministry of Employment and social policies (former
Ministry of employment and social security)

13. Ministero della Salute

Ministry of Health

14. Ministero dell'Istruzione, Università e Ricerca

Ministry
Research

of

Education, University

and

scientific

15. Ministero per i Beni e le attività culturali

Ministry for Cultural heritage and activities

2. Other national public body:

ONSIP
Services) (2)

SPA (Concessionnaire of

Public

Informatic

CONSIP (Concessionaria Servizi Informatici Pubblici)

(1) Non-warlike materials.
(2) Acts as the central purchasing entity for all the Ministries and, at request, for other public entities on the basis of a concession or

framework agreement.

LUXEMBOURG

1. Ministère de l'Agriculture, de la Viticulture et du Dével-
oppement rural: Administration des services techniques
de l'agriculture

Ministry of Agriculture, Viticulture and Rural Devel-
opment: Administration of Agricultural Technical
Departments

2. Ministère des Affaires

du Commerce
extérieur, de la Coopération et de la Défense: Armée

étrangères,

3. Ministère de l'Education nationale, de la Formation
professionnelle et des Sports: Lycées d'enseignement
secondaire et d'enseignement secondaire technique

4. Ministère

de

l'Environnement: Administration de

l'environnement

5. Ministère d'Etat, département des Communications:

Entreprise des P et T (Postes seulement)

Ministry of Foreign Affairs, Foreign Trade, Cooperation
and Defence: Army

Ministry of Education, Vocational Training and Sport:
Secondary Schools and Secondary Technical Schools

Ministry of the Environment: Environment Adminis-
tration

Ministry of
Postal Services
(Post division only)

the State, Communications Department:
and Telecommunications Company

6. Ministère de la Famille, de la Solidarité sociale et de la
Jeunesse: Maisons de retraite de l'Etat, Homes d'enfants

Ministry of the Family, Social Solidarity and Youth:
State retirement homes, children's homes

7. Ministère de la Fonction publique et de la Réforme
administrative: Centre informatique de l'Etat, Service
central des imprimés et des fournitures de bureau de
l'Etat

the Civil Service

Ministry of
and Administrative
Reform: State Computer Science Centre, Central
Department for State Printed Matter and Office Supplies

8. Ministère de la Justice: Etablissements pénitentiaires

Ministry of Justice: Penetentiary Institutions

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9. Ministère de l'Intérieur: Police grand-ducale, Service

national de la protection civile

the
Ministry of
National Civil Protection Office

Interior: National Police Service,

10. Ministère des Travaux publics: Administration des
et
publics; Administration

ponts

des

bâtiments
chaussées

Ministry of Public Works: Public Buildings Adminis-
tration; Bridges and Roads Administration

Ministerie van Algemene Zaken (Ministry of General Affairs)

— Bestuursdepartement (Central policy and staff departments)

NETHERLANDS

— Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid (Advisory Council on Government Policy)

— Rijksvoorlichtingsdienst: (The Netherlands Government Information Service)

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (Ministry of the Interior)

— Bestuursdepartement (Central policy and staff departments)

— Agentschap Informatievoorziening Overheidspersoneel (IVOP) (Agency for Government Personnal Information)

— Centrale Archiefselectiedienst (CAS) (Central Records Selection Service)

— Algemene Inlichtingen- en Veiligheidsdienst (AIVD) (General Intelligence and Security Service)

— Beheerorganisatie GBA (Personnel Records and Travel Documents Agency)

— Organisatie Informatie- en communicatietechnologie OOV (ITO)

(Information and Communication Technology

Organisation)

— Korps Landelijke Politiediensten (National Police Services Agency)

Ministerie van Buitenlandse Zaken (Ministry of Foreign Affairs)

— Directoraat Generaal Regiobeleid en Consulaire Zaken (DGRC) (Directorate-General for Regional Policy and Consular

Affairs)

— Directoraat Generaal Politieke Zaken (DGPZ) (Directorate-General for Political Affairs)

— Directoraat Generaal Internationale Samenwerking (DGIS) (Directorate-General for International Cooperation)

— Directoraat Generaal Europese Samenwerking (DGES) (Directorate-General for European Cooperation)

— Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) (Centre for the Promotion of Imports from

Developing Countries)

— Centrale diensten ressorterend onder P/PlvS (support services falling under the Secretary-General and Deputy

Secretary-General)

— Buitenlandse Posten (ieder afzonderlijk) (the various Foreign Missions)

Ministerie van Defensie (Ministry of Defence)

— Bestuursdepartement (Central policy and staff departments)

— Staf Defensie Interservice Commando (DICO) (Staff Defence Interservice Command for Support Services)

— Defensie Telematica Organisatie (DTO) (Defence Telematics Organisation)

— Centrale directie van de Dienst Gebouwen, Werken en Terreinen (Defence Infrastructure Agence, Central Directorate)

— De afzonderlijke regionale directies van de Dienst Gebouwen, Werken en Terreinen (Defence Infrastructure Agency,

Regional Directorates)

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— Directie Materieel Koninklijke Marine (Directorate of Material Royal Netherlands Navy)

— Directie Materieel Koninklijke Landmacht (Directorate of Material Royal Netherlands Army)

— Directie Materieel Koninklijke Luchtmacht (Directorate of Material Royal Netherlands Air Force)

— Landelijk Bevoorradingsbedrijf Koninklijke Landmacht (LBBKL) (Royal Netherlands Army National Supply Agency)

— Defensie Pijpleiding Organisatie (DPO) (Defence Pipeline Organisation)

— Logistiek Centrum Koninklijke Luchtmacht (Logistic Centre Royal Netherlands Air Force)

— Koninklijke Marine, Marinebedrijf (Royal Netherlands Navy, Maintenance Esthablishment)

Ministerie van Economische Zaken (Ministry of Economic Affairs)

— Bestuursdepartement (Central policy and staff departments)

— Centraal Bureau voor de Statistiek (CBS) (Netherlands Central Bureau of Statistics)

— Centraal Planbureau (CPB) (Central Plan Bureau)

— Bureau voor de Industriële Eigendom (BIE) (Industrial Property Office)

— Senter (Senter)

— Staatstoezicht op de Mijnen (SodM) (State Supervision of Mines)

— Nederlandse Mededingingsautoriteit (NMa) (Netherlands Competition Authority)

— Economische Voorlichtingsdienst (EVD) (Netherlands Foreign Trade Agency)

— Nederlandse Onderneming voor Energie en Milieu BV (Novem) (Agency for Energy and Environment)

— Agentschap Telecom (Telecom Agency)

Ministerie van Financiën (Ministry of Finance)

— Bestuursdepartement (Central policy and staff departments)

— Belastingdienst Automatiseringscentrum (Tax and Custom Computer and Software Centre)

— Belastingdienst (Tax and Customs Administration):

— de afzonderlijke Directies der Rijksbelastingen (the various Divisions of the Tax and Customs Administration

throughout the Netherlands)

— Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD) (Fiscal Information and

Investigation Service (the Economic Investigation Service included)))

— Belastingdienst Opleidingen (Tax and Customs Training Centre)

— Dienst der Domeinen (State Property Service)

Ministerie van Justitie (Ministry of Justice)

— Bestuursdepartement (Central policy and staff departments)

— Dienst Justitiële Inrichtingen (Correctional Institutions Agency)

— Raad voor de Kinderbescherming (Child Care and Protection Agency)

— Centraal Justitie Incasso Bureau (Central Fine Collection Agency)

— Openbaar Ministerie (Public Prosecution Service)

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— Immigratie en Naturalisatiedienst (Immigration and Naturalisation Service)

— Nederlands Forensisch Instituut (Netherlands Forensic Institute)

— Raad voor de Rechtspraak (Judicial Management and Advisory Board)

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

— Bestuursdepartement (Central policy and staff departments)

— Agentschap Landelijke Service bij Regelingen (LASER)

(National Service for the Implementation of Regulations

(Agency))

— Agentschap Plantenziekte kundige Dienst (PD) (Plant Protection Service (Agency))

— Algemene Inspectiedienst (AID) (General Inspection Service)

— De afzonderlijke Regionale Beleidsdirecties (Regional Policy departments)

— Agentschap Bureau Heffingen (Levies Office (Agency))

— Dienst Landelijk Gebied (DLG) (Government Service for Sustainable Rural Development)

— De afzonderlijke Regionale Beleidsdirecties

Ministerie van Onderwijs, Cultuur en Wetenschappen (Ministry of Education, Culture and Science)

— Bestuursdepartement (Central policy and staff departments)

— Inspectie van het Onderwijs (Inspectorate of Education)

— Inspectie Cultuurbezit (Inspectorate of cultural heritage)

— Centrale Financiën Instellingen (Central Funding of Institutions Agency)

— Nationaal archief (National Archives)

— Rijksdienst voor de archeologie (State inspectorate for archaeology)

— Rijksarchiefinspectie (Public Records Inspectorate)

— Adviesraad voor Wetenschaps- en Technologiebeleid (Advisory Council for Science and Technology Policy)

— Onderwijsraad (Education Council)

— Rijksinstituut voor Oorlogsdocumentatie

— Instituut Collectie Nederland (Netherlands Institute for Cultural Heritage)

— Raad voor Cultuur (Council for Culture)

— Rijksdienst voor de Monumentenzorg (Netherlands Department for Conservation of Monuments)

— Rijksdienst Oudheidkundig Bodemonderzoek (National Service for archaeological heritage)

Ministerie van Sociale Zaken en Werkgelegenheid (Ministry of Social Affairs and Employment)

— Bestuursdepartement (Central policy and staff departments)

Ministerie van Verkeer en Waterstaat (Ministry of Transport, Public Works and Watermanagement)

— Bestuursdepartement (Central policy and staff departments)

— Directoraat-Generaal Luchtvaart (Directorate-General for Civil Aviation)

C 147 E/80

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— Directoraat-Generaal Goederenvervoer (Directorate-General for Freight Transport)

— Directoraat-Generaal Personenvervoer (Directorate-General for Passenger Transport)

— Directoraat-Generaal Rijkswaterstaat (Directorate-General of Public Works and Water Management)

— Hoofdkantoor Directoraat-Generaal Rijks Waterstaat (Public Works and Water Management Head Office)

— De afzonderlijke regionale directies van Rijkswaterstaat (Each individual regional department of the Directorate-

General of Public Works and Water Management)

— De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual specialist service of the Directorate-

General of Public Works and Water Management)

— Directoraat-Generaal Water (Directorate-General for Water Affairs)

— Inspecteur-Generaal, Inspectie Verkeer en Waterstaat (Inspector-General, Transport and Water Management Inspec-

torate)

— Divisie Luchtvaart van de Inspecteur-Generaal, Inspectie Verkeer en Waterstaat (Civil Aviation Authority of the

Inspector-General, Transport and Water Management Inspectorate)

— Divisie Vervoer van de Inspecteur-Generaal,

Inspectie Verkeer en Waterstaat

(Transport

Inspectorate of

the

Inspector-General, Transport and Water Management Inspectorate)

— Divisie Scheepvaart van de Inspecteur-Generaal, Inspectie Verkeer en Waterstaat (Shipping Inspectorate Netherlands

of the Inspector-General, Transport and Water Management Inspectorate)

— Centrale Diensten (Central Services)

— Koninklijk Nederlands Meteorologisch Instituut (KNMI) (Royal Netherlands Meteorological Institute)

Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Ministry for Housing, Spatial Planning
and the Environment)

— Bestuursdepartement (Central policy and staff departments)

— Directoraat-Generaal Wonen (Directorate General for Housing)

— Directoraat-Generaal Ruimte (Directorate General for Spatial Policy)

— Directoraat General Milieubeheer (Directorate General for Environmental Protection)

— Rijksgebouwendienst (Government Buildings Agency)

— VROM inspectie (Inspectorate)

Ministerie van Volksgezondheid, Welzijn en Sport (Ministry of Health, Welfare Sports)

— Bestuursdepartement (Central policy and staff departments)

— Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken (Inspectorate for Health Protection and Veterinary

Public Health)

— Inspectie Gezondheidszorg (Health Care Inspectorate)

— Inspectie Jeugdhulpverlening en Jeugdbescherming (Youth Services and Youth Protection Inspectorate)

— Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) (National Institute of Public Health and Environment)

— Sociaal en Cultureel Planbureau (Social and Cultural Planning Office)

— Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen (Medicines Evaluation Board Agency)

24.6.2003

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Tweede Kamer der Staten-Generaal (Second Chamber of the States General)

Eerste Kamer der Staten-Generaal (First Chamber of the States General)

Raad van State (Council of State)

Algemene Rekenkamer (Netherlands Court of Audit)

Nationale Ombudsman (National Ombudsman)

Kanselarij der Nederlandse Orden (Chancellery of the Netherlands Order)

Kabinet der Koningin (Queen's Cabinet)

AUSTRIA

1. Bundeskanzleramt

Federal Chancellery

2. Bundesministerium für auswärtige Angelegenheiten

Federal Ministry for Foreign Affairs

3. Bundesministerium für Bildung, Wissenschaft und

Federal Ministry for Education, Science and Culture

Kultur

4. Bundesministerium für Finanzen

Federal Ministry of Finance

5. Bundesministerium für Inneres

Federal Ministry of Internal Affairs

6. Bundesministerium für Justiz

Federal Ministry of Justice

7. Bundesministerium für Landesverteidigung

Federal Ministry of Defence

8. Bundesministerium für Land- und Forstwirtschaft,

Umweltschutz und Wasserwirtschaft

Federal Ministry
Environment Protection and Water Management

for Agriculture

and

Forestry,

9. Bundesministerium für öffentliche Leistung und Sport

Federal Ministry for Public Performance and Sports

10. Bundesministerium für soziale Sicherheit und Gene-

Federal Ministry for Social Security and Generations

rationen

11. Bundesministerium für Verkehr, Innovation und Tech-

nologie

Federal Ministry for Transport, Innovation and Tech-
nology

12. Bundesministerium für Wirtschaft und Arbeit

Federal Ministry for Economic Affairs and Employment

13. Bundesamt für Eich- und Vermessungswesen

Federal Office for Calibration and Measurement

14. Österreichische Forschungs- und Prüfzentrum Arsenal

Austrian Research and Test Centre Arsenal Ltd

Gesellschaft m.b.H

15. Bundesprüfanstalt für Kraftfahrzeuge

Federal Testing Institute for Automobiles

16. Bundesbeschaffung GmbH

Federal Procurement Ltd

17. Bundesrechenzentrum GmbH

Federal Data Processing Centre Ltd

PORTUGAL

— Presidência do Conselho de Ministros

Presidency of the Council of Ministers

— Ministério das Finanças

— Ministério da Defesa Nacional (1)

Ministry of Finance

Ministry of Defence

C 147 E/82

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— Ministério

dos Negócios

Estrangeiros

e

das

Ministry of Foreign Affairs and Portuguese Communities

Comunidades Portuguesas

— Ministério da Administração Interna

Ministry of Internal Affairs

— Ministério da Justiça

— Ministério da Economia

Ministry of Justice

Ministry of Economy

— Ministério da Agricultura, Desenvolvimento Rural e

Ministry of Agriculture, Rural Development and Fishing

Pescas

— Ministério da Educação

Ministry of Education

— Ministério da Ciência e do Ensino Superior

Ministry of Science and University Education

— Ministério da Cultura

— Ministério da Saúde

Ministry of Culture

Ministry of Health

— Ministério da Segurança Social e do Trabalho

Ministry of Social Security and Labour

— Ministério das Obras Públicas, Transportes e Habitação Ministry of Public Works, Transports and Housing

— Ministério das Cidades, Ordenamento do Território e

Ministry of Cities, Land Management and Environment

Ambiente

(3) Non-warlike materials covered by Annex V.

FINLAND

Oikeuskanslerinvirasto – Justitiekanslersämbetet

Office of the Chancellor of Justice

Kauppa- ja teollisuusministeriö – Handels- och indus-
triministeriet

Ministry of Trade and Industry

Kuluttajavirasto – Konsumentverket

Finnish Consumer Agency

Kilpailuvirasto – Konkurrensverket

Finnish Competition Authority

Kuluttajavalituslautakunta – Konsumentklagonämnden

Consumer Complaint Board

Patentti- ja rekisterihallitus – Patent- och registerstyrelsen

National Board of Patents and Registration

Liikenne-
ministeriet

ja viestintäministeriö – Kommunikations-

Ministry of Transport and Communications

Viestintävirasto – Kommunikationsverket

Finnish Communications Regulatory Authority

Maa- ja metsätalousministeriö – Jord- och skogsbruks-
ministeriet

Ministry of Agriculture and Forestry

Elintarvikevirasto – Livsmedelsverket

National Food Agency

Maanmittauslaitos – Lantmäteriverket

National Land Survey of Finland

Oikeusministeriö – Justitieministeriet

Ministry of Justice

Tietosuojavaltuutetun toimisto – Dataombudsmannens
byrå

Office of the Data Protection Ombudsman

Tuomioistuimet – domstolar

Korkein oikeus – Högsta domstolen

Courts of Law

Supreme Court

Korkein hallinto-oikeus – Högsta förvaltningsdomstolen

Supreme Administrative Court

Hovioikeudet – hovrätter

Käräjäoikeudet – tingsrätter

Courts of Appeal

District Courts

Hallinto-oikeudet – förvaltningsdomstolar

Administrative Courts

24.6.2003

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Markkinaoikeus – Marknadsdomstolen

Työtuomioistuin – Arbetsdomstolen

Vakuutusoikeus – Försäkringsdomstolen

Vankeinhoitolaitos – Fångvårdsväsendet

Market Court

Labour Court

Insurance Court

Prison Service

Opetusministeriö – Undervisningsministeriet

Ministry of Education

Opetushallitus – Utbildningsstyrelsen

National Board of Education

Valtion elokuvatarkastamo – Statens filmgranskningsbyrå

Finnish Board of Film Classification

Puolustusministeriö – Försvarsministeriet

Ministry of Defence

Puolustusvoimat (1) – Försvarsmakten

Finnish Defence Forces

Sisäasiainministeriö – Inrikesministeriet

Ministry of the Interior

Väestörekisterikeskus – Befolkningsregistercentralen

Population Register Centre

Keskusrikospoliisi – Centralkriminalpolisen

National Bureau of Investigation

Liikkuva poliisi – Rörliga polisen

National Traffic Police

Rajavartiolaitos (1) – Gränsbevakningsväsendet

Frontier Guard

Sosiaali- ja Terveysministeriö

Ministry of Social Affairs and Health

Työttömyysturvalautakunta – Arbetslöshetsnämnden

Unemployment Appeal Board

Tarkastuslautakunta – Prövningsnämnden

Appeal Tribunal

Lääkelaitos – Läkemedelsverket

National Agency for Medicines

Terveydenhuollon oikeusturvakeskus – Rättsskyddscen-
tralen för hälsovården

National Authority for Medicolegal Affairs

Tapaturmavirasto – Olycksfallsverket

State Accident Compensation Office

Säteilyturvakeskus – Strålsäkerhetscentralen

Radiation and Nuclear Safety Authority

Työministeriö – Arbetsministeriet

Ministry of Labour

Valtakunnansovittelijain
männens byrå

toimisto

–

Riksförliknings-

National Conciliators' Office

Valtion turvapaikanhakijoiden vastaanottokeskukset –
Statliga förläggningar för asylsökande

Reception Centres

Työneuvosto – Arbetsrådet i Finland

Labour Council

Ulkoasiainministeriö – Utrikesministeriet

Ministry for Foreign Affairs

Valtiovarainministeriö – Finansministeriet

Ministry of Finance

Valtiontalouden tarkastusvirasto – Statens revisionsverk

State Audit Office

Valtiokonttori – Statskontoret

State Treasury

Valtion työmarkkinalaitos – Statens arbetsmarknadsverk

State Employer's Office

Verohallinto – Skatteförvaltningen

Tax Administration

Tullilaitos – Tullverket

Customs

Valtion vakuusrahasto – Statsgarantifonden

Government Guarantee Fund

Ympäristöministeriö – Miljöministeriet

Ministry of Environment

(1) Non-warlike materials.

C 147 E/84

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A

SWEDEN

Akademien för de fria konsterna

Royal Academy of Fine Arts

Alkoholinspektionen

National Alcohol Board

Alkoholsortimentsnämnden

Alcoholic Beverages Product Range Board

Allmänna pensionsfonden

National Swedish Pension Fund

Allmänna reklamationsnämnd

National Board for Consumer Complaints

Ambassader

Arbetsdomstolen

Embassies

Labour Court

Arbetsgivarverk, statens

National Agency for Government Employers

Arbetslivsfonden

Arbetslivsinstitutet

Working Lives Fund

National Institute for Working Life

Arbetsmarknadsstyrelsen

National Labour Market Board

Arbetsmiljöfonden

Arbetsmiljöinstitutet

Arbetsmiljönämnd, statens

Arbetsmiljöverket

Arkitekturmuseet

Work Environment Fund

National Institute of Occupational Health

Board of Occupational Safety and Health for Government
Employees

Swedish Work Environment Authority

Swedish Museum of Architecture

Arrendenämnder (12)

Regional Tenancies Tribunals (12)

B

Banverket

National Rail Administration

Barnombudsmannen

Office of the Children's Ombudsman

Beredning för utvärdering av medicinsk metodik, statens

Swedish Council on Technology Assessment in Health
Care

Besvärsnämnden för rättshjälp

Legal Aid Appeals Commission

Biografbyrå, statens

National Board of Film Censors

Biografiskt lexikon, svenskt

Dictionary of Swedish Biography

Birgittaskolan

Birgitta School

Blekinge tekniska högskola

Blekinge Institute of Technology

Bokföringsnämnden

Swedish Accounting Standards Board

Bostadskreditnämnd, statens (BKN)

National Housing Credit Guarantee Board

Boverket

Brottsförebyggande rådet

Brottsoffermyndigheten

Brottsskadenämnden

Byggforskningsrådet

National Board of Housing, Building and Planning

National Council for Crime Prevention

Criminal Victim Compensation and Support Authority

Criminal Injuries Compensation Board

Council for Building Research

24.6.2003

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C

Centrala försöksdjursnämnden

Central Committee for Laboratory Animals

Centrala studiestödsnämnden

National Board of Student Aid

Centralnämnden för fastighetsdata

Central Board for Real-Estate Data

D

Danshögskolan

Datainspektionen

University Collage of Dance

Data Inspection Board

Delegationen för utländska investeringar Sverige, ISA

Invest in Sweden Agency

Departementen

Domstolsverket

Dramatiska institutet

E

Ekeskolan

Ekobrottsmyndigheten

Ekonomistyrningsverket

Elsäkerhetsverket

Ministries (Government Departments)

National Courts Administration

University Collage of Film, Radio, Television and Theatre

Eke School

Economic Crimes Bureau

National Financial Management Authority

National Electrical Safety Board

Energimyndigheten, statens

Swedish National Energy Administration

EU/FoU-rådet

Exportkreditnämnden

Exportråd, Sveriges

F

Fastighetsmäklarnämnden

Fastighetsverk, statens

Fideikommissnämnden

Finansinspektionen

Fiskeriverket

Flygmedicincentrum

Swedish EU-R&D Council

Export Credits Guarantee Board

Swedish Trade Council

Board of Supervision of Estate Agents

National Property Board

Entailed Estates Council

Financial Supervisory Authority

National Board of Fisheries

Aero Medical Centre

Flygtekniska försöksanstalten

Aeronautical Research Institute

Folkhälsoinstitut, statens

Institute of Public Health

Fonden för fukt- och mögelskador

National Organisation for Aid to Owners of Private Small
Houses

Forskningsrådet för miljö, areella näringar och samhälls-
byggande, Formas

Swedish Research Council for Environment, Agricultural
Sciences and Spatial Planning

Fortifikationsverket

National Fortifications Administration

Förlikningsmannaexpedition, statens

National Conciliators' Office

Försvarets forskningsanstalt

National Defence Research Establishment

Försvarets materielverk

Försvarets radioanstalt

Defence Matériel Administration

National Defence Radio Establishment

Försvarshistoriska museer, statens

National Swedish Museums of Military History

C 147 E/86

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Försvarshögskolan

Försvarsmakten

National Defence College

Swedish Armed Forces

Försäkringskassorna (21)

Social Insurance Offices (21)

G

Gentekniknämnden

Swedish Gene Technology Advisory Board

Geologiska undersökning, Sveriges

Geological Survey of Sweden

Geotekniska institut, statens

Swedish Geotechnical Institute

Giftinformationscentralen

Swedish Poisons Information Centre

Glesbygdsverket

National Rural Area Development Agency

Grafiska institutet och institutet
kation- och reklamutbildning

för högre kommuni-

Graphic Institute and the Graduate School of Communi-
cations

Granskningsnämnden för radio och TV

Swedish Broadcasting Comission

Göteborgs universitet

Göteborg University

H

Handelsflottans kultur- och fritidsråd

Swedish Government Seamen's Service

Handelsflottans pensionsanstalt

Merchant Pensions Institute

Handikappombudsmannen

Handikappråd, statens

Haverikommission, statens

Historiska museer, statens

Hjälpmedelsinstitutet

Hovrätterna (6)

Hyresnämnder (12)

Häktena (30)

Office of the Disability Ombudsman

National Council for the Disabled

Board of Accident Investigation

National Historical Museums

Swedish Handicap Institute

Courts of Appeal (6)

Regional Rent Tribunals (12)

Remand Prisons (30)

Hälso- och sjukvårdens ansvarsnämnd

Committee on Medical Responsibility

Högskolan Dalarna

Högskolan i Borås

Högskolan i Gävle

Högskolan i Halmstad

Högskolan i Kalmar

Dalarna University College

University College of Borås

University College of Gävle

University College of Halmstad

University College of Kalmar

Högskolan i Karlskrona/Ronneby

University College of Karlskrona/Ronneby

Högskolan i Kristianstad

Högskolan i Skövde

Kristianstad University College

University College of Skövde

Högskolan i Trollhättan/Uddevalla

University College of Trollhättan/Uddevalla

Högskolan på Gotland

Gotland University College

Högskoleverket

Högsta domstolen

National Agency for Higher Education

Supreme Court

24.6.2003

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C 147 E/87

I

Idrottshögskolan i Stockholm

Stockholm University College of Physical Education and
Sports

Inspektionen för strategiska produkter

National Inspectorate of Strategic Products

Institut för byggnadsforskning, statens

Council for Building Research

Institut för ekologisk hållbarhet, statens

Swedish Institute for Ecological Sustainability

Institut för kommunikationsanalys, statens

Swedish Instiute for Transport and Communications
Analysis

Institut för psykosocial miljömedicin, statens

National Institute for Psycho-Social Factors and Health

Institut för särskilt utbildningsstöd

Swedish National Attendants' Service

Institutet för arbetsmarknadspolitisk utvärdering

Office of Labour Market Policy Evaluation

Institutet för rymdfysik

Institutionsstyrelse, Statens

Insättnigsgarantinämnden

Integrationsverket

Swedish Institute of Space Physics

National Board of Institutional Care

Deposit Guarantee Board

Swedish Integration Board

Internationella adoptionsfrågor, Statens nämnd för

National Board for Intercountry Adoptions

Internationella programkontoret för utbildningsområdet

International
Training

Programme Office

for Education and

J

Jordbruksverk, statens

Justitiekanslern

Swedish Board of Agriculture

Office of the Chancellor of Justice

Jämställdhetsombudsmannen

Office of the Equal Opportunities Ombudsman

K

Kammarkollegiet

Kammarrätterna (4)

Karlstads universitet

Karolinska Institutet

Kemikalieinspektionen

Kommerskollegium

Legal, Financial and Administrative Services Agency

Administrative Courts of Appeal (4)

Karlstad University

Karolinska Institutet

National Chemicals Inspectorate

National Board of Trade

Koncessionsnämnden för miljöskydd

National Franchise Board for Environment Protection

Konjunkturinstitutet

Konkurrensverket

Konstfack

Konsthögskolan

Konstmuseer, statens

Konstnärsnämnden

Konstråd, statens

Konsulat

Konsumentverket

National Institute of Economic Research

Swedish Competition Authority

College of Arts, Crafts and Design

College of Fine Arts

National Art Museums

Arts Grants Committee

National Art Council

Consulates

Swedish Consumer Agency

Kriminaltekniska laboratorium, statens

National Laboratory of Forensic Science

Kriminalvårdens regionkanslier (4)

Correctional Region Offices (4)

C 147 E/88

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Kriminalvårdsanstalterna (35)

National/Local Institutions (35)

Kriminalvårdsstyrelsen

Kristinaskolan

National Prison and Probation Administration

Kristina School

Kronofogdemyndigheterna (10)

Enforcement Services (10)

Kulturråd, statens

Kungl. Biblioteket

Kungl. Konsthögskolan

Kungl. Musikhögskolan

National Council for Cultural Affairs

Royal Library

Royal University Collage of Fine Arts

Royal University Collage of Music in Stockholm

Kungl. Tekniska högskolan

Royal Institute of Technology

Kustbevakningen

Swedish Coast Guard

Kvalitets- och kompetensråd, statens

National Council for Quality and Development

Kärnkraftinspektion, statens

Swedish Nuclear Power Inspectorate

L

Lagrådet

Council on Legislation

Lantbruksuniveritet, Sveriges

Swedish University of Agricultural Sciences

Lantmäteriverket

Linköpings universitet

National Land Survey

Linköping University

Livrustkammaren, Skoklosters slott och Hallwylska museet

Royal Armoury

Livsmedelsverk, statens

Ljud- och bildarkiv, statens

Lotteriinspektionen

Luftfartsverket

Luleå tekniska universitet

Lunds universitet

Läkemedelsverket

Länsarbetsnämnderna (20)

Länsrätterna (23)

Länsstyrelserna (21)

National Food Administration

National Archive of Recorded Sound and Moving Images

National Gaming Board

Civil Aviation Administration

Luleå University of Technology

Lund University

Medical Products Agency

County Labour Boards (20)

County Administrative Courts (23)

County Administrative Boards (21)

Lärarhögskolan i Stockholm

Stockholm Institute of Education

M

Malmö högskola

Manillaskolan

Marknadsdomstolen

Medlingsinstitutet

Malmö University

Manilla School, Special School
of-Hearing Children

for Deaf and Hard-

Market Court

National Mediation Office

Meteorologiska och hydrologiska institut, Sveriges

Swedish Meteorological and Hydrological Institute

Migrationsverket

Militärhögskolor

Mitthögskolan

Moderna museet

Swedish Migration Board

Military Academies

Mid Sweden University

Modern Museum

24.6.2003

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Museer för världskultur, statens

National Museums of World Culture

Musiksamlingar, statens

Music Library of Sweden

Myndigheten för kvalificerad yrkesutbildning

Swedish Agency for Advanced Vocational Education

Myndigheten för Sveriges nätuniversitet

Swedish Agency for Distance Education

Mälardalens högskola

University Collage of Mälardalen

N

Nationalmuseum

National Museum of Fine Arts

Nationellt centrum för flexibelt lärande

National Agency for Flexible Learning

Naturhistoriska riksmuseet

Naturvårdsverket

Nordiska Afrikainstitutet

Notarienämnden

Museum of Natural History

Swedish Environmental Protection Agency

Nordic Africa Institute

Recorders Committee

Nämnden för offentlig upphandling

National Board for Public Procurement

O

Ombudsmannen mot diskriminering på grundav sexuell
läggning

Office of the Ombudsman against Discrimination on the
grounds of Sexual Orientation

Ombudsmannen mot etnisk diskriminering

Office of the Ethnic Discrimination Ombudsman

Operahögskolan i Stockholm

University Collage of Opera, Stockholm

P

Patent- och registreringsverket

Patents and Registration Office

Patentbesvärsrätten

Pensionsverk, statens

Court of Patent Appeals

The National Government Employee Pensions Board

Person- och adressregisternämnd, statens

Co-ordinated Population and Address Register

Pliktverk, Totalförsvarets

Polarforskningssekretariatet

Polismyndigheter (21)

Post- och telestyrelsen

National Service Administration

Swedish Polar Research Secretariat

Police authorities (21)

National Post and Telecoms Agency

Premiepensionsmyndigheten

Premium Pension Authority

Presstödsnämnden

Press Subsidies Council

R

Radio- och TV-verket

Regeringskansliet

Regeringsrätten

Revisorsnämnden

Radio and TV Authority

Government Offices

Supreme Administrative Court

Supervisory Board of Public Accountants

Riksantikvarieämbetet

Central Board of National Antiquities

Riksarkivet

Riksbanken

National Archives

Bank of Sweden

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Riksdagens förvaltningskontor

Administration Department of the Swedish Parliament

Riksdagens ombudsmän

Riksdagens revisorer

Riksförsäkringsverket

Riksgäldskontoret

Rikspolisstyrelsen

Riksrevisionsverket

Riksskatteverket

Rikstrafiken

The Parliamentary Ombudsmen

The Parliamentary Auditors

National Social Insurance Board

National Debt Office

National Police Board

National Audit Bureau

National Tax Board

The National Public Transport Agency

Riksutställningar, Stiftelsen

Travelling Exhibitions Service

Riksåklagaren

Rymdstyrelsen

Office of the Prosecutor- General

National Space Board

Råd för byggnadsforskning, statens

Council for Building Research

Rådet för grundläggande högskoleutbildning

Council for Renewal of Undergraduate Education

Räddningsverk, statens

Rättshjälpsmyndigheten

Rättsmedicinalverket

S

Swedish Rescue Services Agency

National Legal Aid Authority

National Board of Forensic Medicine

Sameskolstyrelsen och sameskolor

Sami School Board and Sami Schools

Sametinget

Sjöfartsverket

Sami Parliament

Swedish Maritime Administration

Sjöhistoriska museer, statens

National Maritime Museums

Skattemyndigheterna (10)

Tax Offices (10)

Skogsstyrelsen

Skolverk, statens

Smittskyddsinstitutet

Socialstyrelsen

National Board of Forestry

National Agency for Education

Swedish Institute for Infectious Disease Control

National Board of Health and Welfare

Specialpedagogiska institutet

Swedish Institute for Special Needs Education

Specialskolemyndigheten

Språk- och folkminnesinstitutet

National Agency for Special Schools for the Deaf and
Hard-of-Hearing

Institute
Research

for Dialectology, Onomastics

and Folklore

Sprängämnesinspektionen

National Inspectorate of Explosives and Flammables

Statens personregisternämnd, SPAR-nämnden

Swedish Population Address Register Board

Statistiska centralbyrån

Statskontoret

Stockholms universitet

Strålskyddsinstitut, statens

Statistics Sweden

The Swedish Agency for Public Management

Stockholm University

Swedish Radiation Protection Authority

Styrelsen för ackreditering och teknisk kontroll

Styrelsen för internationell utvecklingssamarbete, SIDA

Swedish Board
Assessment

for Accreditation

and Conformity

Swedish
Authority

International

Development

Cooperation

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Styrelsen för psykologiskt försvar

National Board of Psychological Defence

Svenska institutet

Säkerhetspolisen

Södertörns högskola

T

Swedish Institute

Swedish Security Service

University College of South Stockholm

Talboks- och punktskriftsbiblioteket

Library of Talking Books and Braille Publications

Teaterhögskolan

University College of Acting

Tekniska museet, stiftelsen

National Museum of Science and Technology

Tingsrätterna (72)

District and City Courts (72)

Tjänsteförslagsnämnden för domstolsväsendet

Judges Nomination Proposal Committee

Totalförsvarets forskningsinstitut

Swedish Defence Research Agency

Transportforskningsberedningen

Transport Research Board

Transportrådet

Tullverket

Turistdelegationen

U

Umeå universitet

Ungdomsstyrelsen

Uppsala universitet

Utlänningsnämnden

Board of Transport

Customs Administration

Swedish Tourist Authority

Umeå University

National Board for Youth Affairs

Uppsala University

Aliens Appeals Board

Utsädeskontroll, statens

Swedish Seed Testing and Certification Institute

V

Valmyndigheten

Election Authority

Vatten- och avloppsnämnd, statens

National Water Supply and Sewage Tribunal

Vattenöverdomstolen

Water Rights Court of Appeal

Verket för högskoleservice (VHS)

National Agency for Higher Education

Verket för innovationssystem (VINNOVA)

Swedish Agency for Innovation Systems

Verket för näringslivsutveckling (NUTEK)

Swedish Business Development Agency

Vetenskapsrådet

Swedish Research Council

Veterinärmedicinska anstalt, statens

National Veterinary Institute

Vägverket

Vänerskolan

Växjö universitet

Växtsortnämnd, statens

Swedish National Road Administration

Väner School

Växjö University

National Plant Variety Board

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Å

Åklagarmyndigheterna

Åsbackaskolan

Ö

Örebro universitet

Östervångsskolan

Överbefälhavaren

Regional Public Prosecution Offices (6)

Åsbacka School

Örebro University

Östervång School

Supreme Commander of the Armed Forces

Överstyrelsen för civil beredskap

Swedish Agency for Civil Emergency Planning

UNITED KINGDOM

— Cabinet Office

Civil Service College

Office of the Parliamentary Counsel

— Central Office of Information

— Charity Commission

— Crown Prosecution Service

— Crown Estate Commissioners (Vote Expenditure Only)

— HM Customs and Excise

— Department for Culture, Media and Sport

British Library

British Museum

Historic Buildings and Monuments Commission for England (English Heritage)

Imperial War Museum

Museums and Galleries Commission

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Royal Commission on Historical Manuscripts

Royal Commission on Historical Monuments of England

Royal Fine Art Commission (England)

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

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— Department for Education and Skills

Higher Education Funding Council for England

— Department for Environment, Food and Rural Affairs

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Wages Board and Committees

Cattle Breeding Centre

Countryside Agency

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Royal Commission on Environmental Pollution

— Department of Health

Central Council for Education and Training in Social Work

Dental Practice Board

National Board for Nursing, Midwifery and Health Visiting for England

National Health Service Strategic Health Authorities and Trusts

Prescription Pricing Authority

Public Health Service Laboratory Board

UK Central Council for Nursing, Midwifery and Health Visiting

— Department for International Development

— Department for National Savings

— Department for Transport

Maritime and Coastguard Agency

— Department for Work and Pensions

Disability Living Allowance Advisory Board

Independent Tribunal Service

Medical Boards and Examining Medical Officers (War Pensions)

Occupational Pensions Regulatory Authority

Regional Medical Service

Social Security Advisory Committee

— Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

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— Department of Trade and Industry

Central Transport Consultative Committees

Competition Commission

Electricity Committees

Employment Appeal Tribunal

Employment Tribunals

Gas Consumers' Council

National Weights and Measures Laboratory

Office of Manpower Economics

Patent Office

— Export Credits Guarantee Department

— Foreign and Commonwealth Office

Wilton Park Conference Centre

— Government Actuary's Department

— Government Communications Headquarters

— Home Office

Boundary Commission for England

Gaming Board for Great Britain

Inspectors of Constabulary

Parole Board and Local Review Committees

— House of Commons

— House of Lords

— Inland Revenue, Board of

— Lord Chancellor's Department

Circuit Offices and Crown, County and Combined Courts (England and Wales)

Combined Tax Tribunal

Council on Tribunals

Court of Appeal — Criminal

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeals Tribunal

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Office of the Social Security Commissioners

Pensions Appeal Tribunals

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Public Trust Office

Supreme Court Group (England and Wales)

Transport Tribunal

— Ministry of Defence

Meteorological Office

Defence Procurement Agency

— National Assembly for Wales

Higher Education Funding Council for Wales

Local Government Boundary Commission for Wales

Royal Commission for Ancient and Historical Monuments in Wales

Valuation Tribunals (Wales)

Welsh National Health Service Authorities and Trusts

Welsh Rent Assessment Panels

Welsh National Board for Nursing, Midwifery and Health Visiting

— National Audit Office

— National Investment and Loans Office

— Northern Ireland Assembly Commission

— Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Legal Aid Fund

Magistrates Courts

Pensions Appeals Tribunals

— Northern Ireland, Department for Employment and Learning

— Northern Ireland, Department for Regional Development

— Northern Ireland, Department for Social Development

— Northern Ireland, Department of Agriculture and Rural Development

— Northern Ireland, Department of Culture, Arts and Leisure

— Northern Ireland, Department of Education

— Northern Ireland, Department of Enterprise, Trade and Investment

— Northern Ireland, Department of the Environment

— Northern Ireland, Department of Finance and Personnel

— Northern Ireland, Department of Health, Social Services and Public Safety

— Northern Ireland, Department of Higher and Further Education, Training and Employment

— Northern Ireland, Office of the First Minister and Deputy First Minister

— Northern Ireland Office

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Crown Solicitor's Office

Department of the Director of Public Prosecutions for Northern Ireland

Forensic Science Agency of Northern Ireland

Office of Chief Electoral Officer for Northern Ireland

Police Service of Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

— Office of Fair Trading

— Office for National Statistics

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

— Office of the Deputy Prime Minister

Rent Assessment Panels

— Paymaster General's Office

— Postal Business of the Post Office

— Privy Council Office

— Public Record Office

— Royal Commission on Historical Manuscripts

— Royal Hospital, Chelsea

— Royal Mint

— Rural Payments Agency

— Scotland, Auditor-General

— Scotland, Crown Office and Procurator Fiscal Service

— Scotland, General Register Office

— Scotland, Queen's and Lord Treasurer's Remembrancer

— Scotland, Registers of Scotland

— The Scotland Office

— The Scottish Executive Corporate Services

— The Scottish Executive Education Department

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Scottish Higher Education Funding Council

— The Scottish Executive Development Department

— The Scottish Executive Enterprise and Lifelong Learning Department

— The Scottish Executive Finance

— The Scottish Executive Health Department

Local Health Councils

National Board for Nursing, Midwifery and Health Visiting for Scotland

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Scottish Council for Postgraduate Medical Education

Scottish National Health Service Authorities and Trusts

— The Scottish Executive Justice Department

Accountant of Court's Office

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Lands Tribunal for Scotland

Parole Board for Scotland and Local Review Committees

Pensions Appeal Tribunals

Scottish Land Court

Scottish Law Commission

Sheriff Courts

Scottish Criminal Record Office

Scottish Crime Squad

Scottish Fire Service Training Squad

Scottish Police College

Social Security Commissioners' Office

— The Scottish Executive Rural Affairs Department

Crofters Commission

Red Deer Commission

Rent Assessment Panel and Committees

Royal Botanic Garden, Edinburgh

Royal Commission on the Ancient and Historical Monuments of Scotland

Royal Fine Art Commission for Scotland

— The Scottish Executive Secretariat

— The Scottish Parliamentary Body Corporate

— Scottish Record Office

— HM Treasury

— Office of Government Commerce

— The Wales Office (Office of the Secretary of State for Wales)

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LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 WITH REGARD TO CONTRACTS AWARDED BY
CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE (1)

ANNEX V

Chapter 25:

Salt, sulphur, earths and stone, plastering materials, lime and cement

Chapter 26: Metallic ores, slag and ash

Chapter 27: Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes

except:

ex 27.10: special engine fuels

Chapter 28:

Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of
radioactive elements and of isotopes

except:

ex 28.09: explosives

ex 28.13: explosives

ex 28.14: tear gas

ex 28.28: explosives

ex 28.32: explosives

ex 28.39: explosives

ex 28.50: toxic products

ex 28.51: toxic products

ex 28.54: explosives

Chapter 29:

Organic chemicals

except:

ex 29.03: explosives

ex 29.04: explosives

ex 29.07: explosives

ex 29.08: explosives

ex 29.11: explosives

ex 29.12: explosives

ex 29.13: toxic products

ex 29.14: toxic products

ex 29.15: toxic products

ex 29.21: toxic products

ex 29.22: toxic products

ex 29.23: toxic products

ex 29.26: explosives

ex 29.27: toxic products

ex 29.29: explosives

(1) The only text applicable for the purpose of this Directive is that within Annex 1, point 3 of the Agreement.

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Chapter 30:

Pharmaceutical products

Chapter 31:

Fertilisers

Chapter 32:

Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty,
fillers and stoppings, inks

Chapter 33:

Essential oils and resinoids, parfumery, cosmetic or toilet preparations

Chapter 34:

Soap, organic surface-active agents, washing preparations,
lubricating preparations, artificial waxes,
prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes
and ‘dental waxes’

Chapter 35:

Albuminoidal substances, glues, enzymes

Chapter 37:

Photographic and cinematographic goods

Chapter 38: Miscellaneous chemical products,

except:

ex 38.19: toxic products

Chapter 39:

Artificial resins and plastic materials, celluloses esters and ethers, articles thereof,

except:

ex 39.03: explosives

Chapter 40:

Rubber, synthetic rubber, factice, and articles thereof,

except:

ex 40.11: bullet-proof tyres

Chapter 41:

Raw hides and skins (other than furskins) and leather

Chapter 42:

Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal
gut (other than silk-worm gut)

Chapter 43:

Furskins and artificial fur, manufactures thereof

Chapter 44: Wood and articles of wood, wood charcoal

Chapter 45:

Cork and articles of cork

Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork

Chapter 47:

Paper-making material

Chapter 48:

Paper and paperboard, articles of paper pulp, of paper or of paperboard

Chapter 49:

Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts
and plans

Chapter 65:

Headgear and parts thereof

Chapter 66:

Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof

Chapter 67:

Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human
hair

Chapter 68:

Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials

Chapter 69:

Ceramic products

Chapter 70:

Glass and glassware

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Chapter 71:

Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof;
imitation jewellery

Chapter 73:

Iron and steel and articles thereof

Chapter 74:

Copper and articles thereof

Chapter 75:

Nickel and articles thereof

Chapter 76:

Aluminium and articles thereof

Chapter 77: Magnesium and beryllium and articles thereof

Chapter 78:

Lead and articles thereof

Chapter 79:

Zinc and articles thereof

Chapter 80:

Tin and articles thereof

Chapter 81:

Other base metals employed in metallurgy and articles thereof

Chapter 82:

Tools, implements, cutlery, spoons and forks, of base metal, parts thereof,

except:

ex 82.05: tools

ex 82.07: tools, parts

Chapter 83: Miscellaneous articles of base metal

Chapter 84:

Boilers, machinery and mechanical appliances, parts thereof,

except:

ex 84.06: engines

ex 84.08: other engines

ex 84.45: machinery

ex 84.53: automatic data-processing machines

ex 84.55: parts of machines under heading No 84.53

ex 84.59: nuclear reactors

Chapter 85:

Electrical machinery and equipment, parts thereof,

except:

ex 85.13: telecommunication equipment

ex 85.15: transmission apparatus

Chapter 86:

Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures
and fittings, traffic signalling equipment of all kinds (not electrically powered),

except:

ex 86.02: armoured locomotives, electric

ex 86.03: other armoured locomotives

ex 86.05: armoured wagons

ex 86.06: repair wagons

ex 86.07: wagons

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Chapter 87:

Vehicles, other than railway or tramway rolling-stock, and parts thereof,

except:

ex 87.08: tanks and other armoured vehicles

ex 87.01: tractors

ex 87.02: military vehicles

ex 87.03: breakdown lorries

ex 87.09: motorcycles

ex 87.14: trailers

Chapter 89:

Ships, boats and floating structures,

except:

ex 89.01A: warships

Chapter 90:

Optical, photographic,
instruments and apparatus, parts thereof,

cinematographic, measuring,

checking, precision, medical

and surgical

except:

ex 90.05: binoculars

ex 90.13: miscellaneous instruments, lasers

ex 90.14: telemeters

ex 90.28: electrical and electronic measuring instruments

ex 90.11: microscopes

ex 90.17: medical instruments

ex 90.18: mechano-therapy appliances

ex 90.19: orthopaedic appliances

ex 90.20: X-ray apparatus

Chapter 91: Manufacture of watches and clocks

Chapter 92: Musical

instruments, sound recorders or
reproducers, parts and accessories of such articles

reproducers,

television image and sound recorders or

Chapter 94:

Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed
furnishings,

except:

ex 94.01A: aircraft seats

Chapter 95:

Articles and manufactures of carving or moulding material

Chapter 96:

Brooms, brushes, powder-puffs and sieves

Chapter 98: Miscellaneous manufactured articles

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ANNEX VI

DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

For the purposes of this Directive:

1. (a) ‘technical specification’, in the case of public works contracts, means the totality of the technical prescriptions
contained in particular in the tender documents, defining the characteristics required of a material, product or
supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for
which it is intended by the contracting authority. These characteristics shall include levels of environmental
performance, design for all requirements (including accessibility for disabled persons) and conformity assessment,
performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols,
testing and test methods, packaging, marking and labelling and production processes and methods. They shall
also include 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 materials
or parts which they involve;

(b) ‘technical specification’, in the case of public supply or service contracts, means a specification in a document
defining the required characteristics of a product or a service, such as quality levels, environmental performance
levels, design for all requirements (including accessibility for disabled persons) and conformity assessment,
performance, use of the product, safety or dimensions,
including requirements relevant to the product as
regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging,
marking and labelling, user
instructions, production processes and methods and conformity assessment
procedures;

2.

‘standard’ means a technical specification approved by a recognised standardising body for repeated or continuous
application, compliance with which is not compulsory and which falls into one of the following categories:

— international standard: a standard adapted by an international standards organisation and made available to the

general public,

— European standard: a standard adopted by a European standards organisation and made available to the general

public,

— national standard: a standard adopted by a national standards organisation and made available to the general

public;

‘European technical approval’ means a favourable technical assessment of the fitness for use of a product for a
particular purpose, based on the 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 technical approvals are
issued by an approval body designated for this purpose by the Member State;

‘Common technical specification’ means a technical specification laid down in accordance with a procedure
recognised by the Member States which has been published in the Official Journal of the European Union;

‘technical reference’: any product produced by European standardisation bodies, other than official standards,
according to procedures adopted for the development of market needs.

3.

4.

5.

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ANNEX VII

INFORMATION TO BE INCLUDED IN NOTICES

ANNEX VII A

INFORMATION WHICH MUST BE INCLUDED IN PUBLIC CONTRACT NOTICES

NOTICE OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE

1. Country of the contracting authority.

2. Name of the contracting authority.

3. Internet address of the ‘buyer profile’ (URL).

4. CPV Nomenclature reference No(s).

PRIOR INFORMATION NOTICE

1. The name, address, fax number, email address of the contracting authority and, if different, of the service from which

additional information may be obtained.

2. Where appropriate,

indicate whether the public contract

is restricted to sheltered workshops, or whether its

execution is restricted to the framework of protected job programmes.

3. In the case of public works contracts: the nature and extent of the works and the place of execution; if the work is to
be subdivided into several lots, the essential characteristics of those lots by reference to the work; if available, an
estimate of the range of the cost of the proposed works; Nomenclature reference No(s).

In the case of public supply contracts: the nature and quantity or value of the products to be supplied, Nomenclature
reference No(s).

In the case of public services contracts: the total value of the proposed purchases in each of the service categories in
Annex II A; Nomenclature reference No(s).

4. Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of public service

contracts by category.

5. Where appropriate, indicate whether a framework agreement is involved.

6. Where appropriate, other information.

7. Date of dispatch of the notice or of dispatch of the notice of the publication of the prior information notice on the

buyer profile.

8. Indicate whether the contract is covered by the Agreement.

CONTRACT NOTICES

Open and restricted procedures, competitive dialogues, procedures, negotiated procedures

1. Name, address, telephone and fax number, email address of the contracting authority.

2. Where appropriate,

indicate whether the public contract is restricted to sheltered workshops, or whether its

execution is restricted to the framework of protected job programmes.

3. (a) The award procedure chosen;

(b) Where appropriate, the reasons for use of the accelerated procedure (in restricted and negotiated procedures);

(c) Where appropriate, indicate whether a framework agreement is involved;

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(d) Where appropriate, indicate whether a dynamic purchasing system is involved;

(e) Where appropriate,

the holding of an electronic auction (in the event of open, restricted or negotiated

procedures, in the situation covered by Article 30(1)(a)).

4. Form of the contract.

5. Place of execution/performance of the works, for delivery of products or of the provision of services.

6. (a) Public works contracts:

— nature and extent of the works and general nature of the work.

Indication in particular of options
concerning supplementary works, and, if known, the provisional timetable for recourse to these options
as well as the number of possible renewals, if any. If the work or the contract is subdivided into several lots,
the size of the different lots; Nomenclature reference number(s),

— information concerning the purpose of the work or the contract where the latter also involves the drawing

up of projects,

— in the event of a framework agreement,

the framework
indication also of
agreement, the estimated total value of the works for the entire duration of the framework agreement
and, as far as possible, the value and the frequency of the contracts to be awarded.

the planned duration of

(b) Public supply contracts:

— nature of the products to be supplied, indicating in particular whether tenders are requested with a view to
purchase, lease rental, hire or hire purchase or a combination of these, nomenclature reference number.
Quantity of products to be supplied, indicating in particular options concerning supplementary purchases
and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if
any. Nomenclature reference number(s),

— in the case of regular or renewable contracts during the course of a given period, indicate also, if known,

the timetable for subsequent contracts for purchase of intended supplies,

— in the event of a framework agreement,

the framework
indication also of
agreement, the estimated total value of the supplies for the entire duration of the framework agreement
and, as far as possible, the value and the frequency of the contracts to be awarded,

the planned duration of

(c) Public service contracts:

— category and description of service. Nomenclature reference number(s). Quantity of services to be provided.
Indicate in particular options concerning supplementary purchases and, if known, the provisional timetable
for recourse to these options as well as the number of renewals, if any. In the case of renewable contracts
over a given period, an estimate of the time frame, if known, for subsequent public contracts for purchase
of intended services.

In the event of a framework agreement,
the framework
indication also of
agreement, the estimated total value of the services for the entire duration of the framework agreement
and, as far as possible, the value and the frequency of the contracts to be awarded.

the planned duration of

— indication of whether the execution of the service is reserved by law, regulation or administrative provision

to a particular profession.

Reference to the law, regulation or administrative provision.

— indication of whether legal persons should indicate the names and professional qualifications of the staff to

be responsible for the execution of the service.

7. If the contracts are subdivided into lots, indication of the possibility of tendering for one, for several or for all the

lots.

8. Any time-limit for completion of works/supplies/services or duration of the works/supply/services contract; where
possible any time-limit by which works will begin or any time limit by which delivery of supplies or services will
begin.

9. Admission or prohibition of variants.

10. Where applicable particular conditions to which the performance of the contract is subject.

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11. In the case of open procedures:

(a) name, address, telephone and telefax number and electronic address of the service from which contract

documents and additional documents can be requested;

(b) where appropriate, time-limit for submission of such requests;

(c) where appropriate, cost of and payment conditions for obtaining these documents.

12. (a) Time limit for receipt of tenders or indicative tenders where a dynamic purchasing system is being used (open

procedures);

(b) time-limit for receipt of request to participate (restricted and negotiated procedures);

(c) address where these have to be transmitted;

(d) the language or languages in which they must be drawn up.

13. In the case of open procedures:

(a) persons authorised to be present at the opening of tenders;

(b) date, time and place for such opening.

14. Where appropriate any deposit and guarantees required.

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

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

awarded.

17. Selection criteria regarding the personal situation of economic operators that may lead to their exclusion, and
required information proving that they do not fall within the cases justifying exclusion. Selection criteria and
information concerning the economic operators' personal situation,
information and any necessary formalities
for assessment of the minimum economic and technical standards required of the economic operator. Minimum
level(s) of standards possibly required.

18. Where there is a framework agreement: the number and, where appropriate, proposed maximum number of
economic operators who will be members of it, the duration of the framework agreement provided for, stating,
if appropriate, the reasons for any duration exceeding four years.

19. In the case of a competitive dialogue or a negotiated procedure with the publication of a contract notice, indicate, if
appropriate, recourse to a staged procedure in order gradually to reduce the number of solutions to be discussed or
tenders to be negotiated.

20. In the case of a restricted procedure, a competitive dialogue or a negotiated procedure with the publication of a
contract notice, when recourse is had to the option of reducing the number of candidates to be invited to submit
tenders, to engage in dialogue or to negotiate: minimum and,
if appropriate, proposed maximum number of
candidates and objective criteria to be used to choose that number of candidates.

21. Time frame during which the tenderer must maintain its tender (open procedures).

22. Where appropriate, names and addresses of economic operators already selected by the contracting authority

(negotiated procedures).

23. Criteria referred to in Article 53 to be used for award of the contract:

‘lowest price’ or ‘most economically
advantageous tender’. Criteria representing the most economically advantageous tender as well as their weighting
shall be mentioned where they do not appear in the specifications or, in the event of a competitive dialogue, in the
descriptive document.

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24. Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise
information concerning deadlines for lodging appeals, or if need be the name, address, telephone number, fax
number and email address of the service from which this information may be obtained.

25. Date(s) of publication of the prior information notice in accordance with the technical specifications of publication

indicated in Annex VIII or statement that no such publication was made.

26. Date of dispatch of the notice.

27. Indicate whether the contract is covered by the Agreement.

SIMPLIFIED CONTRACT NOTICE FOR USE IN A DYNAMIC PURCHASING SYSTEM

1. Country of contracting authority.

2. Name and e-mail address of contracting authority.

3. Publication reference of the contract notice for the dynamic purchasing system.

4. E-mail address at which the technical specification and additional documents relating to the dynamic purchasing

system are available.

5. Subject of contract: description by reference number(s) of ‘CPV’ nomenclature and quantity or extent of the contract

to be awarded.

6. Timeframe for submitting indicative tenders.

CONTRACT AWARD NOTICES

1. Name and address of the contracting authority.

2. Award procedures chosen. In the case of negotiated procedure without prior publication of a contract notice

(Article 28), justification.

3. Public works contracts: nature and extent of the contract, general characteristics of the work.

Public supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; nomenclature
reference number.

Public service contracts: category and description of the service; nomenclature reference number; quantity of
services bought.

4. Date of contract award.

5. Contract award criteria.

6. Number of tenders received.

7. Name and address of the successful economic operators.

8. Price or range of prices (minimum/maximum) paid.

9. Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the

contract award.

10. Where appropriate, value and proportion of contract likely to be subcontracted to third parties.

11. Date of publication of the tender notice in accordance with the technical specifications for publication in Annex

VIII.

12. Date of dispatch of the notice.

13. Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise
information concerning the deadline for lodging appeals, or if need be the name, address, telephone number,
fax number and email address of the service from which this information may be obtained.

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C 147 E/107

INFORMATION WHICH MUST APPEAR IN PUBLIC WORKS CONCESSION NOTICES

ANNEX VII B

1. Name, address, fax number and email address of the contracting authority.

2. (a) Place of execution.

(b) Subject of the concession; nature and extent of the services.

3. (a) Time limit for the submission of applications.

(b) Address to which they must be sent.

(c) Language(s) in which they must be written.

4. Personal, technical and financial conditions to be met by the candidates.

5. Criteria which will be applied in the award of the contract.

6. If appropriate, the minimum proportion of the works which will be contracted out.

7. Date of dispatch of the notice.

8. Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise
information concerning the deadline for lodging appeals, or if need be the name, address, telephone number, fax
number and email address of the service from which this information may be obtained.

INFORMATION WHICH MUST APPEAR IN WORKS CONTRACT NOTICES OF CONCESSIONNAIRES WHO
ARE NOT CONTRACTING AUTHORITIES

ANNEX VII C

1. (a) Place of execution.

(b) Nature and extent of the services, general characteristics of the works.

2. Any time-limit for completion imposed.

3. Name and address of the body from whom the specifications and the additional documents may be requested.

4. (a) Time-limit for the receipt of applications to participate and/or the receipt of tenders.

(b) Address to which they must be sent.

(c) Language(s) in which they must be written.

5. Any deposits or guarantees required.

6. Economic and technical conditions to be met by the contractor.

7. Criteria which will be applied in the award of the contract.

8. Date of dispatch of the notice.

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Official Journal of the European Union

24.6.2003

INFORMATION WHICH MUST APPEAR IN DESIGN CONTEST NOTICES

ANNEX VII D

CONTEST NOTICES

1. Name, address, fax number and email address of the contracting authority and those of the service from which the

additional documents may be obtained.

2. Description of the project.

3. Type of contest: open or restricted.

4. In the event of an open contest: time limit for the submission of projects.

5. In the event of a restricted contest:

(a) number of participants contemplated;

(b) names of the participants already selected, if any;

(c) criteria for the selection of participants;

(d) time limit for requests to participate.

6. If appropriate, indicate that the participation is restricted to a specified profession.

7. Criteria which will be applied in the evaluation of the projects.

8. Names of any members of the jury who have already been selected.

9. Indicate whether the jury's decision is binding on the contracting authority.

10. Number and value of any prizes.

11. Payments to be made to all participants, if any.

12. Indicate whether any contracts following the contest will or will not be awarded to the winner or winners of the

contest.

13. Date of dispatch of the notice.

NOTICE OF THE RESULTS OF A CONTEST

1. Name, address, fax number and email address of the contracting authority.

2. Description of the project.

3. Total number of participants.

4. Number of foreign participants.

5. Winner(s) of the contest.

6. Any prizes.

7. Reference of the contest notice.

8. Date of dispatch of the notice.

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ANNEX VIII

FEATURES CONCERNING PUBLICATION

1. Publication of notices

(a) Notices referred to in Articles 35, 58, 64 and 69 are sent by the contracting authorities to the Office for Official
Publications of the European Communities in the format required by Commission Directive 2001/78/EC of
13 September 2001 on the use of standard forms in the publication of public contract notices (1). The prior
information notices referred to in Article 35(1), first subparagraph, published on a buyer profile as described in
point 2(b), must also use that format, as must the notice of such publication.

(b) Notices referred to in Articles 35, 58, 64 and 69 are published by the Office for Official Publications of the
European Communities or by the contracting authorities in the event of a prior information notice published on
a buyer profile in accordance with Article 35(1), first subparagraph.

In addition, contracting authorities may publish this information on the Internet on a ‘buyer profile’ as referred to
in point 2(b).

(c) The Office for Official Publications of the European Communities will give the contracting authority the

confirmation referred to in Article 36(8).

2. Publication of complementary or additional information

(a) Contracting authorities are encouraged to publish the specifications and the additional documents in their

entirety on the Internet.

(b) The buyer profile may include prior information notices as referred to in Article 35(1), first subparagraph,
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. Format and modalities for sending notices electronically

The format and procedure for sending notices electronically are accessible at the Internet address ‘http://simap.eu.int’.

(1) OJ L 285, 29.10.2001, p. 1.

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Official Journal of the European Union

24.6.2003

ANNEX IX

REGISTERS (1)

(1) For the purposes of Article 46, ‘professional and trade registers’ means those listed in this Annex and, where changes have been made

at national level, the registers which have replaced them.

ANNEX IX A

PUBLIC WORKS CONTRACTS

The professional registers and corresponding declarations and certificates for each Member State are:

— in Belgium, the ‘Registre du commerce’/‘Handelsregister’;

— in Denmark, the ‘Handelsregistret’, ‘Aktieselskabesregistret’ and ‘Erhvervsregistret’;

— in Germany, the ‘Handelsregister’ and the ‘Handwerksrolle’;

— in Greece, the ‘Μητρώο Εργοληπτικών Επιχειρήσεων — ΜΕΕΠ’ of the Ministry for Environment, Town and Country

Planning and Public Works (ΥΠΕΧΩ∆Ε);

— in Spain, the ‘Registro Oficial de Contratistas del Ministerio de Industria, Comercio y Turismo’;

— in France, the ‘Registre du commerce’ and the ‘Répertoire des métiers’;

— in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’;

— in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la chambre des métiers’;

— in the Netherlands, the ‘Handelsregister’;

— in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;

— in Portugal, the ‘Commissão de Alvarás de Empresas de Obras Públicas e Particulares’ (CAEOPP);

— in Finland, the ‘Kaupparekisteri’ and ‘Handelsregistret’;

— in Sweden, ‘aktiebolags-, handels- eller föreningsregistren’;

— in the United Kingdom and Ireland, the contractor may be requested to provide a certificate from the Registrar of
Companies or, in the case of Ireland, the Registrar of Friendly Societies or, if this is not the case, a certificate stating
that the person concerned has declared on oath that he is engaged in the profession in question in the country in
which he is established, in a specific place and under a given business name.

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C 147 E/111

ANNEX IX B

PUBLIC SUPPLY CONTRACTS

The relevant professional or trade registers and the corresponding declarations and certificates are:

— in Belgium, the ‘Registre du commerce/Handelsregister’;

— in Denmark, ‘Aktieselskabsregistret’, ‘Foreningsregistret’ and ‘Handelsregistret’;

— in Germany, the ‘Handelsregister’ and ‘Handwerksrolle’;

— in Greece, the ‘Βιοτεχνικό ή Βιοµηχανικό ή Εµπορικό Επιµελητήριο’;

— in Spain, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person

concerned has declared on oath that he is engaged in the profession in question;

— in France, the ‘Registre du commerce’ and ‘Répertoire des métiers’;

— in Italy,

the ‘Registro della Camera di commercio,

industria, agricoltura e artigianato’, and ‘Registro delle

commissioni provinciali per l'artigianato’;

— in Luxembourg, the ‘Registre aux firmes’ and ‘Rôle de la chambre des métiers’;

— in the Netherlands, the ‘Handelsregister’;

— in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;

— in Portugal, the ‘Registro Nacional das Pessoas Colectivas’;

— in Finland, the ‘Kaupparekisteri’ and ‘Handelsregistret’;

— in Sweden, ‘aktiebolags-, handels- eller föreningsregistren’;

— in the United Kingdom and Ireland, the supplier may be requested to provide a certificate from the Registrar of
Companies or, in the case of Ireland, the Registrar of Friendly Societies, that he is certified as incorporated or
registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is
engaged in the profession in question in the country in which he is established in a specific place under a given
business name and under a specific trading name.

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Official Journal of the European Union

24.6.2003

ANNEX IX C

PUBLIC SERVICE CONTRACTS

The relevant professional and trade registers or declarations or certificates are:

— in Belgium, the ‘Registre du commerce/Handelsregister’ and the ‘Ordres professionels/Beroepsorden’;

— in Denmark, ‘Erhvervs- og Selskabstyrelsen’;

— in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’ and the ‘Vereinsregister’;

— in Greece, the service provider may be asked to provide a declaration on the exercise of the profession concerned
made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research
services as mentioned in Annex I A, the professional register ‘Μητρώο Μελετητών’ and ‘Μητρώο Γραφείων Μελετών’;

— in Spain, the ‘Registro Central de Empresas Consultoras y de Servicios del Ministerio de Economía y Hacienda’;

— in France, the ‘Registre du commerce’ and the ‘Répertoire des métiers’;

— in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’, the ‘Registro delle commissioni

provinciali per l'artigianato’ or the ‘Consiglio nazionale degli ordini professionali’;

— in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la chambre des métiers’;

— in the Netherlands, the ‘Handelsregister’;

— in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;

— in Portugal, the ‘Registro nacional das Pessoas Colectivas’;

— in Finland, the ‘Kaupparekisteri’ and ‘Handelsregistret’;

— in Sweden, ‘aktiebolags-, handels- eller föreningsregistren’.

— in the United Kingdom and Ireland, the service provider may be requested to provide a certificate from the Registrar
of Companies or, in the case of Ireland, the Registrar of Friendly Societies or, if he is not so certified, a certificate
stating that the person concerned has declared on oath that he is engaged in the profession in question in the
country in which he is established in a specific place under a given business name.

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C 147 E/113

REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR
PARTICIPATION AND PLANS AND PROJECTS IN CONTESTS

ANNEX X

Devices for the electronic receipt of tenders, requests for participation and plans and projects in contests must at least
guarantee, through technical means and appropriate procedures, that:

(a) electronic signatures relating to tenders, requests to participate and the forwarding of plans and projects comply

with national provisions adopted pursuant to Directive 1999/93/EC;

(b) the exact time and date of the receipt of tenders, requests to participate and the submission of plans and projects

can be determined precisely;

(c)

it may be reasonably ensured that, before the time limits laid down, no-one can have access to data transmitted
under these requirements;

(d)

if that access prohibition is infringed,

it may be reasonably ensured that the infringement is clearly detectable;

(e) only authorised persons may set or change the dates for opening data received;

(f) during the different stages of the contract award procedure or of the contest access to all data submitted, or to part

thereof, must be possible only through simultaneous action by authorised persons;

(g) simultaneous action by authorised persons must give access to data transmitted only after the prescribed date;

(h) data received and opened in accordance with these requirements must remain accessible only to persons authorised

to acquaint themselves therewith.

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24.6.2003

DEADLINES FOR TRANSPOSITION AND APPLICATION (Article 80)

ANNEX XI

Directives

Deadlines for transposition and application

92/50/CEE (OJ L 209, 24.7.1992, p. 1)

Austria, Finland, Sweden (1)

93/36/EEC (OJ L 199, 9.8.1993, p. 1)

Austria, Finland, Sweden (1)

93/37/EEC (OJ L 199, 9.8.1993, p. 54)

consolidation of directives:

— 71/305/EEC (OJ L 185, 16.8.1971, p. 5):

— EC of 6

— DK, IRL, UK

— Greece

— Spain, Portugal

— Austria, Finland, Sweden (1)

— 89/440/EEC (OJ L 210, 21.7.1989, p. 1):

— EC of 9

— Greece, Spain, Portugal

— Austria, Finland, Sweden (1)

97/52/EC (OJ L 328, 28.11.1997, p. 1)

(1) EEA: 1 January 1994.

1 July 1993

1 January 1995

13 June 1994

1 January 1995

30 July 1972

1 January 1973

1 January 1981

1 January 1986

1 January 1995

19 July 1990

1 March 1992

1 January 1995

13 October 1998

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ANNEX XII

CORRELATION TABLE (1)

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 1, par. 1

Art. 1, first line,
adapted

Art. 1, first line,
adapted

Art. 1, first line,
adapted

Art. 1, par. 2, point (a)

Art. 1, point (a), first
part of sentence

Art. 1, point (a), first
and last parts of first
sentence

Art. 1, point a)

Amended

Art. 1, par. 2, point (b)

Art. 1, point
point (c), adapted

(a) and

—

—

—

—

—

Art. 2, adapted

16th recital adapted

—

—

—

—

—

Art. 1, point (c), first
sentence adapted

—

New

New

New

New

New

New

Art.
point
1,
second part of
first
second
adapted

(a),
the
and
sentence,

sentence

Art. 1, point (a),
adapted

—

—

—

—

—

—

—

—

—

—

Art. 1, par. 2, point (c),
first subparagraph

—

Art. 1, par. 2, point (c),
second subparagraph

Art. 1, par. 2, point (d),
first subparagraph

Art. 1, par. 2, point (d),
second subparagraph

Art. 1, par. 2, point (d),
third subparagraph

—

—

—

—

Art. 1, par. 3

Art. 1, point (d)

—

—

—

—

—

—

Art. 1, par. 4

Art. 1, par. 5

Art. 1, par. 6

Art. 1, par. 7

Art. 1, par. 8, first
subparagraph

Art. 1, par. 8, second
subparagraph

Art. 1, par. 8, third
subparagraph

Art. 1, point (h)

Art. 1, point (c)

Art.
point
1,
second sentence

(c),

Amended

Art. 1, par. 9

Art. 1, point (b),
adapted

Art. 1 point (b),
adapted

Art. 1, point (b),
adapted

Art. 1, par. 10

—

—

—

New

(1) ‘Adapted’ means that the wording of the text was changed, while the meaning of the repealed directives was preserved. Changes to
the meaning of the provisions of the repealed directives are indicated by the term ‘amended’. This term appears in the last column
when the amendment concerns the provisions of the three repealed directives. When the amendment affects only one or two of these
directives, the term ‘amended’ is included in the column of the directives concerned.

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This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 1, par. 11, first
subparagraph

Art. 1, point (e),
adapted

Art. 1, point (d),
adapted

Art. 1, point (d),
adapted

Art. 1, par. 11, second
subparagraph

Art. 1, point (f),
adapted

Art. 1, point (e),
adapted

Art. 1, point (e),
adapted

Art. 1, par. 11, third
subparagraph

—

—

—

New

Art. 1, par. 11, fourth
subparagraph

Art. 1, point (g),
adapted

Art. 1, point (f),
adapted

Art. 1, point (f),
adapted

Art. 1, par. 11, fifth
subparagraph

Art. 1, par. 12

Art. 1, par. 13

Art. 1, par. 14

Art. 1, par. 15

Art. 2

Art. 3

Art. 4, par. 1

—

—

—

—

—

—

—

—

—

—

Art. 1, point (g),
adapted

—

—

—

—

New

New

New

New

Art. 6, par. 6

Art. 5, par. 7

Art. 3, par. 2

Amended

—

New

Art. 2, par. 2

—

New

Art. 26, par. 2 and 3,
adapted

26,

Art.
amended

par.

1

Art. 4, par. 2

Art. 21 amended

Art. 18 adapted

Art. 5

Art. 6

Art. 33a adapted

Art. 28 amended

Art. 38a adapted

—

Art. 15, par. 2

—

Amended

Art. 7, points (a) and (b) —

Art. 5, par. 1, point
(a), adapted

Art. 7, par. 1, point
(a), adapted

Art. 7, point (c)

Art. 6, par. 1, point
(a), adapted

Art. 8

Art. 2 and Art. 6, par.
1, point (b), adapted

—

—

—

Art. 3, par. 3 and Art.
7, par. 1, point
(a),
adapted

Art. 9, par. 1, first
subparagraph

Art. 9, par. 1, second
subparagraph

Art. 9, par. 2

—

—

—

Art. 5, par. 5

Art. 7, par. 2 and 7

Amended

—

—

Art. 5, par. 1, point (b) —

New

Amended

Art. 9, par. 3

Art. 6, par. 4

Art. 5, par. 6

Art. 7, par. 3, second
clause

Art. 9, par. 4

Art. 6, par. 5, adapted

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C 147 E/117

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 9, par. 5, point (a)

Art. 6, par. 3, adapted —

Art. 7, par. 4,
third
subparagraph, adapted

Art. 9, par. 5, point (b) —

Art. 5, par. 4

Art. 5, par. 2

—

—

Art. 5, par. 3

Art. 7, par. 6

—

—

—

Art. 3 adapted

Art. 7, par. 4,

Art. 7, par. 5,

—

Art. 4, par. 1
adapted

—

—

Art. 9, par. 6

Art. 9, par. 7

—

—

Art. 9, par. 8, point (a) —

Art. 9, par. 8, point (b) —

—

New

—

Art. 9, par. 9

Art. 10

Art. 11

Art. 12

Art. 13

Art. 14

Art. 4, point (a)

Art. 2, point (a)

Art. 1, point (a) (ii)

—

—

—

Art. 4, point (b)

Art. 2, par. 1, point (b)

Art. 4, par. 2

Art. 15, point (a)

Art. 5, point (a)
adapted

Art. 4, point (a)
adapted

Art. 5, point (a)
adapted

Art. 15, points (b) and
(c)

Art. 5, points (b) and
(c)

Art. 4, points (b) and
(c)

Art. 5, points (b) and
(c)

Art. 16

Art. 17

Art. 18

Art. 19

Art. 20

Art. 21

Art. 22

Art. 23

Art. 24, par. 1 to 4, first
subparagraph

—

—

—

—

—

—

Art. 10

Art. 19

—

—

—

—

—

—

Art. 8

Art. 1, point (a),
to (ix), adapted

(iii)

—

Art. 6

—

Art. 8

Art. 9

Art. 10

Art. 14

Art. 16, par. 1,

Art. 24, par. 1

Art. 24, par. 4, second
subparagraph

—

Art. 16, par. 2,
adapted

Art. 24, par. 2,
adapted

Amended

Amended

Amended

New

New

Amended

New

New

Amended

New

Amended

Amended

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This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Amended

New

Amended

Amended

New

New

Art. 25, first paragraph

Art. 20, first
paragraph

Art. 17, first
paragraph

Art. 25, first
paragraph

Art. 25, second
paragraph

Art. 20, second
paragraph

Art. 17, second
paragraph

Art. 25, second
paragraph

Art. 26

—

Art. 27, first paragraph

Art. 23, par. 1

Art. 27, second and
third paragraphs

Art. 23, par. 2

—

—

—

Art. 28, first paragraph

Art. 7, par. 1 adapted

Art. 6, par. 1 adapted

—

Art. 28, par. 1

Art. 28, par. 2

Art. 11, par. 1
adapted

Art. 28, second
paragraph

Art. 7, par. 4

Art. 6, par. 4

Art. 11, par. 4

Art. 29

—

—

—

Art. 30, par. 1, point (a)

Art. 7, par. 2, point (a)

Art. 6, par. 2

Art. 30, par 1, point (b)

Art. 7, par. 2, point (c)

New

Art. 30, par. 1, point (c)

—

Art. 30, par. 1, point (d)

Art. 7, par. 2, point (b) —

Art. 30, paragraphs 2, 3
and 4

—

—

Art. 7, par. 3 point (a)

Art. 6, par. 3, point (a)

Art. 7, par. 3, point (b)

Art. 6, par. 3, point (c)

Art. 7, par. 3, point (c)

Art. 6, par. 3, point (d)

Art. 31, point (1), point
(a)

Art. 31, point (1), point
(b)

Art. 31, point (1), point
(c)

Art. 31, point (2), point
(a)

Art. 31, point (2), point
(b)

Art. 31, point (2), point
(c)

Art. 31, point (2), point
(d)

Art. 31, point (3)

Art. 31, point (4), point
(a)

Art. 31, point (4), point
(b)

—

—

—

—

—

Art. 6, par. 3, point (b) —

Art. 6, par. 3, point (e) —

New

New

—

Art. 7, par. 3, point (d) —

Art. 7, par. 3, point (e) —

Art. 11, par. 2, point
(a)

Art. 11, par. 2, point
(b)

Art. 11, par. 2, point
(c)

—

—

Art. 11, par. 3, point
(a)

Art. 11, par. 3, point
(b)

Art. 11, par. 3, point
(d)

—

—

Art. 11, par. 3, point
(c)

Art. 11, par. 3, point
(e)

Art. 11, par. 3, point
(f)

Art. 32

—

—

—

New

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This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 33

—

Art. 34, first and second
paragraphs

Art. 9, first and second
paragraphs

Art. 34, third paragraph

Art. 9, third paragraph

—

—

—

—

Art. 35, par. 1, first
subparagraph, point (a),
first subparagraph

Art. 35, par. 1, first
subparagraph, point (a),
second subparagraph

Art. 35, par. 1, first
subparagraph, point (b)

—

—

—

Art. 35, par. 1, first
subparagraph, point (c)

Art. 11, par. 1

Art. 9, par. 1,
subparagraph

first

—

Art. 9, par. 1, second
subparagraph,
first
sentence

—

—

—

Art. 15, par. 1

—

Art. 35, par. 1, second
subparagraph

—

Art. 9, par. 5, second
subparagraph

17,

2,
Art.
second subparagraph

par.

Art. 35, par. 1, third
subparagraph

Art. 11, par. 7, second
subparagraph

Art. 35, par. 1, fourth,
fifth and sixth
subparagraphs

—

—

—

—

—

Art. 35, par. 2

Art. 11, par. 2

Art. 9, par. 2

Art. 15, par. 2

Art. 35, par. 3

—

—

—

Art. 35, par. 4, first
subparagraph

Art. 11, par. 5,
sentence

first

Art. 9, par. 3,
sentence

first

Art. 16, par. 1

Art. 35, par. 4, second
and third subparagraphs

—

Art. 35, par. 4, fourth
subparagraph

—

—

Art. 16, par. 3 and 4

Art. 35, par. 4, fifth
subparagraph

Art. 11, par. 5, second
sentence

Art. 9, par. 3, second
sentence

Art. 16, par. 5

Art. 36, par. 1

Art. 11, par. 6,
first
subparagraph, adapted

Art. 9, par. 4,
sentence, adapted

first

Art. 17, par. 1,
sentence, adapted

first

Art. 36, par. 2, first
subparagraph

Art. 11, par. 7,
sentence

first

Art. 9, par. 5,
subparagraph

first

Art. 17, par. 2,
subparagraph

first

Art. 36, par. 2, second
subparagraph

—

—

—

Art. 36, par. 3

Art. 11, par. 10

Art. 9, par. 8

Art. 17, par. 5

Art. 36, par. 4

Art. 11, par. 8 and 13

Art. 9, par. 6 and 11

Art. 17, par. 4 and 8

Art. 36, par. 5

11,

Art.
adapted

par.

11,

Art. 9, par. 9, adapted

17,

Art.
adapted

par.

6,

New

Amended

Amended

Amended

Amended

New

Amended

New

Amended

New

Amended

Amended

New

Amended

Amended

C 147 E/120

EN

Official Journal of the European Union

24.6.2003

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 36, par. 6

Art.
par.
11,
second sentence

13,

Art. 9, par. 11, second
sentence

Art.
par.
17,
second sentence

8,

Amended

Art. 36, par. 7, first
subparagraph

Art. 11, par. 12

Art. 9, par. 10

Art. 17, par. 7

Art. 36, par. 7, second
subparagraph

—

—

—

Art. 37

Art. 17

Art. 13

Art. 21

Art. 38, par. 1

—

—

—

Art. 38, par. 2

12,

Art.
adapted

par.

2,

10,

Art.
adapted

par.

1,

18,

Art.
adapted

par.

1,

Art. 38, par. 3

Art. 13, par. 1 and 3,
adapted

Art. 11, par. 1 and 3,
adapted

Art. 19, par. 1 and 3,
adapted

Art. 38, par. 4

Art. 12, par. 2 and
Art.
4,
adapted

par.

13,

Art. 10, par. 1a and
Art.
3a,
adapted

par.

11,

Art. 18, par. 2 and
Art.
4,
adapted

par.

19,

Art. 38, par. 5 and 6

—

—

—

Art. 38, par. 7

Art. 12, par. 5

Art. 10, par. 4

Art. 18, par. 5

Art. 38, par. 8

Art. 14, par. 1

Art. 12, par. 1

Art. 20, par. 1

New

Amended

New

Amended

New

Amended

Amended

Art. 39

Art. 40

Art. 12, par. 3 and 4,
Art. 13, par. 6, and
Art. 14, par. 2 adapted

Art. 10, par. 2 and 3,
Art. 11, par. 5, and
Art.12, par. 2 adapted

Art. 18, par. 3 and 4,
Art. 19, par. 6 and
Art.
2
adapted

par.

20,

Art. 13, par. 2, and
Art. 14, par. 3

Art. 11, par. 2, and
Art. 12, par. 3

Art. 19, par. 2, and
Art. 20, par. 3

Amended

Art. 41, par. 1

Art. 8, par. 2,
sentence, adapted

first

Art. 7, par. 2,
sentence, adapted

first

Art. 12, par. 2,
sentence, adapted

first

Art. 41, par. 2

Art. 8, par. 1,
first
subparagraph, adapted

Art. 7, par. 1,
first
subparagraph, adapted

Art. 12, par. 1,
first
subparagraph, adapted

Art. 41, par. 3

Art. 8, par. 1, second
subparagraph, adapted

Art. 7, par. 1, second
subparagraph, adapted

Art. 12, par. 1,
second subparagraph,
adapted

Art. 8, par. 2,
sentence

last

Art. 7, par. 2,
sentence

last

Art. 12, par. 2,
sentence

last

Art. 42, par. 1, 3 and 6

Art. 13, par. 5, and
Art. 18, par. 2

Art. 11, par. 4, and
Art. 15, par. 3

Art. 19, par. 5, and
Art. 23, par. 2

Art. 42, par. 2, 4 and 5 —

—

—

Art. 43

Art. 8, par. 3

Art. 7, par. 3

Art. 12, par. 3

Art. 44, par. 1

Art. 18, par. 1 adapted

Art. 15, par. 1 adapted

23,

Art.
adapted

par.

1

Deleted

Amended

New

Amended

Amended

24.6.2003

EN

Official Journal of the European Union

C 147 E/121

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 44, par. 2

—

—

—

Art. 44, par. 3

Art. 22

Art. 23, par. 3

Art. 32, par. 4

Art. 44, par. 4

Art. 45, par. 1

—

—

—

—

—

—

Art. 45, par. 2, first
subparagraph

Art. 24, first
paragraph, adapted

Art. 20, par. 1,
adapted

Art. 29, first
paragraph, adapted

Art. 45, par. 2, second
subparagraph

—

—

—

Art. 45, par. 3

second and

Art. 24,
third paragraphs,
adapted

Art. 20, par. 2 and 3
adapted

Art. 29, second and
third paragraphs,
adapted

Art. 45, par. 4

Art. 24, fourth
paragraph

Art. 20, par. 4

Art. 29, fourth
paragraph

Art. 46, first paragraph

Art. 25, first sentence
amended

Art. 21, par. 1 and
par. 2,
first sentence,
adapted

Art. 30, par. 1 and 3,
first sentence, adapted

Art. 46, second
paragraph

—

—

Art. 30, par. 2

Art. 47, par. 1, points
(a) and (b)

Art. 26, par. 1, points
(a) and (b), adapted

Art. 22, par. 1, points
(a) and (b), adapted

Art. 31, par. 1, points
(a) and (b), adapted

Art. 47, par. 1, point (c)

Art. 26, par. 1, point
(c)

Art. 22, par. 1, point
(c)

Art. 31, par. 1, point
(c)

Art. 47, par. 2 and 3

—

—

—

Art. 47, par. 4 and 5

Art. 26, par. 2 and 3,
adapted

Art. 22, par. 2 and 3,
adapted

Art. 31, par. 2 and 3,
adapted

Art. 48, par. 1 and par.
2, points (a) to (e) and
(g) to (j)

27,

Art.
adapted

par.

1,

23,

Art.
adapted

par.

1,

32,

Art.
adapted

par.

2,

Art. 48, par. 2, point (f) —

Art. 48, par. 3 and 4

—

Art. 48, par. 5

New

—

New

—

—

32,

Art.
adapted

par.

1,

Art. 48, par. 6

Art. 27, par. 2

Art. 23, par. 2

Art. 32, par. 3

Art. 49

Art. 50

Art. 51

Art. 52

New

—

Art. 28

Art. 29

New

—

Art. 24

Art. 25

Art. 33

—

Art. 34

Art. 35

Art. 53, par. 1

Art. 30, par. 1 adapted

Art. 26, par. 1 adapted

36,

Art.
adapted

par.

1

New

Amended

New

New

New

Amended

Amended

New

Amended

New

New

Amended

New

Amended

C 147 E/122

EN

Official Journal of the European Union

24.6.2003

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 53, par. 2

Art. 30, par. 2

Art. 26, par. 2

Art. 36, par. 2

Art. 54

Art. 55

Art. 56

Art. 57

Art. 58

Art. 59

Art. 60

Art. 61

Art. 62

Art. 63

Art. 64

Art. 65

Art. 66

Art. 67, par. 1

Art. 67, par. 2

Art. 68

Art. 69, par. 1

Art. 30, par. 3

—

—

—

—

—

Art. 30, par. 4, first
and second
subparagraphs

27,
Art.
second paragraphs

first

and

37,
Art.
second paragraphs

first

and

Art. 30, par. 4, third
subparagraph

Art. 27, third
paragraph

Art. 37, third
paragraph

Art. 30, par. 4, fourth
subparagraph

Art. 31

Art. 32

Art. 3, par. 1, adapted

—

Art. 11 par. 3, par. 6
to 11 and par. 13

Art. 15

Art. 3, par. 2

New

Art. 3, par. 3

Art. 3, par. 4

Art. 11, par. 4, par. 6,
subparagraph,
first
par.
sub-
paragraph, and par. 9

first

7,

Art. 16

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Art. 13, par. 3 and 4

Art. 13, par. 1,
subparagraph
par.
2,
paragraph

first

first
and
sub-

13,

par.

Art.
1,
indents 1 to 3 and
par. 2, indents 1 to 3

New

Art. 15, par. 3

Amended

Deleted

New

Amended

Deleted

Deleted

Deleted

Deleted

New

Amended

Amended

Amended

Amended

24.6.2003

EN

Official Journal of the European Union

C 147 E/123

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 69, par. 2, first
subparagraph

Art. 69, par. 2, second
subparagraph and par. 3

Art. 70

Art. 71

Art. 72

Art. 73

Art. 74

Art. 75

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Art. 16, par. 1 and
par. 2, second indent

New

Art. 17, par. 1, par. 2,
first and third sub-
paragraphs, par. 3 to
6 and par. 8

New

Art. 13, par. 5

Art. 13, par. 6,
subparagraph

first

13,

Art.
6,
second subparagraph

par.

Art. 33

Art. 30

Art. 38

34,

Art.
adapted

par.

1,

31,

Art.
adapted

par.

1,

39,

Art.
adapted

par.

1,

Art. 76

Art. 34, par. 2

Art. 31, par. 2

Art. 39, par. 2

Art. 39, par. 2, point
(d),
sub-
second
paragraph

Art. 77, par. 1

—

Art. 32, par. 1

Art. 40, par. 1

Art. 77, par. 2

Art. 35, par. 3

Art. 32, par. 2

Art. 40, par. 3

—

—

—

Art. 40, par. 2

Art. 32, par. 3

Art. 40, par. 4

Art. 77, par. 3

Art. 78, par. 1 and 2

Art. 78, par. 3 and 4

Art. 6, par. 2, point
(a),

Art. 5, par. 1, point (d)

Art. 7, par. 1, point
(c)

Art. 79, point (a)

Art. 6, par. 1, point
(b), adapted

Art. 5, par. 1, point
(c),
sub-
second
paragraph, adapted

Art. 7, par. 1, point
(b),
sub-
second
paragraph, adapted

Art. 79, point (b)

Art. 35, par. 2

Art. 79, point c)

—

—

—

Art. 79, point (d)

35,

Art.
adapted

par.

1,

—

Art. 16, par. 4

—

—

Art. 79, point (e)

29,

Art.
adapted

par.

3,

—

Amended

Amended

Amended

Deleted

Amended

Deleted

Amended

Deleted

Amended

New

Amended

Amended

New

C 147 E/124

EN

Official Journal of the European Union

24.6.2003

This Directive

Directive 93/37/EEC

Directive 93/36/EEC

Directive 92/50/EEC

Other acts

Art. 79, point (f)

Art. 35, par. 2 adapted —

Art. 79, point (g)

Art. 79, points (h) and
(i)

—

—

Art. 80

Art. 81

Art. 82

Art. 83

Annex I

Annex II

Annexes II A and II B

—

Annex III

Annex I

—

—

—

—

Annex IV

Annex V

Annex VI

—

—

Annex III

Annex I

Annex II

Annex III

—

—

—

Annexes I A and I B

—

—

—

Annex II

Annex VII A, B, C and
D

Annexes IV, V and VI

Annex IV

Annexes III and IV

Annex VIII

Annex IX

Annex IX A

Annex IX B

—

—

—

—

Art. 21, par. 2

—

—

—

Art. 30, par. 3

Annex IX C

Art. 25, adapted

—

—

Annex X

Annex XI

Annex XII

New

New

Amended

Amended

Adapted

Adapted

Amended

Amended

Amended

New

Adapted

Adapted

Adapted

Adapted

New

New

New

on

Acts
accession
Austria,
and Sweden

the
of
Finland

on

Acts
accession
Austria,
and Sweden

the
of
Finland

on

Acts
accession
Austria,
and Sweden

the
of
Finland

on

Acts
accession
Austria,
and Sweden

the
of
Finland

on

Acts
accession
Austria,
and Sweden

the
of
Finland

24.6.2003

EN

Official Journal of the European Union

C 147 E/125

STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

On 11 July 2000, the Commission presented its proposal for a Directive of the European Parliament on
the coordination of procedures for the award of public supply contracts, public service contracts and
public works contracts (1). The proposal was based on Articles 47(2), 55 and 95 of the Treaty.

The European Parliament delivered its Opinion at first reading on 17 January 2002 (2).

The Economic and Social Committee has given its Opinion on 26 April 2001 (3).

The Committee of the Regions has given its Opinion (4) on 13 December 2000.

On 21 May 2002, the Council confirmed a political agreement with a view to the adoption of a
common position in accordance with Article 251(2) of the Treaty.

On 20 March 2003 the Council adopted its Common Position as set out in doc. 11029/02 MAP 30
CODEC 922.

II. OBJECTIVE

The objective of the abovementioned proposal is to simplify the existing legal framework by amending
and recasting the directives on the coordination of procedures for the award of public supply contracts,
public service contracts and public works contracts (Directive 92/50/EEC, Directive 93/36/EEC and
Directive 93/38/EEC) and by merging the directives into a single text.

In substance, the Commission's proposal adds new procedural requirements and safeguards in order to
modernise, simplify and clarify the existing legal framework. In this regard the proposal introduces —
inter alia — electronic purchasing mechanisms, a new procedure which permits a ‘dialogue’ between
the contracting authority and the candidates in the case of complex contracts, the possibility for public
purchasers of concluding ‘framework agreements’, on the basis of which contracts can be awarded
without applying all the obligations of the Directive, the clarification of provisions relating to technical
specifications and several modifications to the provisions on award and selection criteria.

the text aims at diminishing the number of different threshold values. Finally, the
Furthermore,
substance of the provisions of the ‘classical directive’ should be aligned with the two other parts of
the legislative package, that is the proposal for a common procurement vocabulary (CPV) (Regulation
(EC) No 2195/2002) and the proposal for the ‘Utilities’ Directive (Directive 2003/. . ./EC), coordinating
the procurement procedures of entities operating in the water, energy, transport and telecommuni-
cations sectors.

III. ANALYSIS OF THE COUNCIL'S COMMON POSITION (5)

1. General

The Council's common position maintains the Commission's basic approach, while integrating several
of the amendments adopted by the European Parliament. Some of these amendments have also been
accepted by the Commission in its modified proposal [COM(2002) 236] (6).

(1) OJ C 29 E, 30.1.2001, p. 11.
(2) OJ C 271 E, 7.11.2002, p. 176.
(3) OJ C 193, 10.7.2001, p. 7.
(4) OJ C 144, 15.5.2001, p. 23.
(5) The numbering of Articles refers to the result of the first reading of Parliament (doc. 5307/02) or, where it is

indicated (‘now . . .’), to the common position (doc. 11029/02).

(6) OJ C 203 E, 27.8.2002, p. 210.

C 147 E/126

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Official Journal of the European Union

24.6.2003

This has been done in order to accommodate several of European Parliament main concerns, to
facilitate the practical implementation of the provisions and to introduce options for Member States.
In particular, detailed provisions have been replaced by more general clauses. Links to parallel policy
fields with important implications for public procurement have been strengthened or introduced,
especially through a number of new or modified recitals, and some definitions and provisions have
been clarified in order to avoid misunderstandings or inconsistencies.

Moreover, the Council has introduced more detailed provisions on electronic auctions and dynamic
acquisition systems, which are now available as methods within the existing procedures. The Council
has also sought to clarify the relationship between the classical and the utilities directives by including
postal services into the utilities field and adapting the provisions of this proposal accordingly.

2. European Parliament amendments

The Council has accepted several of the European Parliament amendments and incorporated them into
the current text. Some of them have been accepted in substance, but not in exact wording. Some other
amendments have been rejected by the Council.

2.1. The following European Parliament amendments have been accepted by the Council and integrated into the

text of its common position

The following amendments have been accepted without modification:

Amendment 5 — New recital 13a), now rec. 14 (Definition of central purchasing bodies)

Amendment 141 — New recital 3c; now rec. 6 (Mentioning of possibility for Member States to take
measures according to Treaty Article 3)

Amendment 125 — Recital 31, now recital 45 (Inclusion of engineers)

Amendment 24 — Article 1, paragraph 7, now: paragraph 5 (Definition of framework agreement)

Amendment 34 — Article 12, paragraph 3(a), now Article 9, paragraph 8(a) (Inclusion of other forms
of remuneration with regard to insurance contracts)

Amendment 121 — Article 18 b), now: Article 16 b)
material’)

(Clarification with regard to ‘programme

This European Parliament amendment seeks to correct an obvious inconsistency in the text, which was
present in some language versions of established law. It has been accepted by the Council. Recital 24
gives further explanations.

Amendment 37 — Article 18 d) now: Article 16 d) (Exclusion of some financial contracts)

Amendment 150 — Article 31 (point 4) now: Article 61 (Incorporation of the possibility of awarding
additional works)

The Council has incorporated this EP amendment, accepting the obvious advantages in increasing
flexibility and facilitating the application of the provisions.

Amendment 88 — Article 46, paragraph 2 point h (deleted) now: Article 45, paragraph 2 (General
reference to fraud and illegal activity)

The Council has taken over the objectives of the European Parliament amendment and has deleted the
clause since the substance is already covered by Article 45, paragraph 1, point c.

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C 147 E/127

Amendment 94 — Article 49, paragraph 4, now: Article 48, paragraph 5 (Reliability of contractors)

The Council has taken over the substance of the European Parliament amendment but has added
further references and explanations.

2.2. The following European Parliament amendments have been accepted in principle but have been integrated

with some modifications

Amendment 1 — New recital 3a, now: recital 4 (Avoidance of distortions of competition)

This amendment has partly been included in the text of this recital.

Amendment 2 — New recital 3b, now recital 5 (Sustainable development obligation for Community
policies)

This amendment has been accepted in part and included in the text of the recital.

Amendment 168 — New recital 13b), now: recital 14 (Simplified decision on acting in accordance with
the directive in certain CPB cases)

The amendment has been partly accepted and integrated into recital 14 with several modifications of
the wording.

Amendment 142 — New recital 14a) (Supplementary services at works contracts)

The subject of the amendment has been treated in recital 9.

Amendment 7 — New recital 15a, now: recital 9 (Joint or separate award of contracts)

The provision has been inserted, but the Council has preferred to use a wording which gives national
legislation even more flexibility.

Amendment 10 — Recital 22, now: recital 31 (Inclusion of non-discriminatory use of environmental
criteria)

The amendment has been accepted in principle with some modifications of the wording.

Amendment 11 — New recital 22a), now: recital 32 (Reference to posted workers directive)

The amendment has been accepted in principle with further clarification of the scope of the provision
by modifying the wording.

Amendment 170 — New recital 33a), now: recital 41 (Exclusion of certain participants)

Accepted with slight modifications in the wording.

Amendments 171 and 145 — Article 1 paragraph 2) (Special scope of ‘works contracts’)

The Council has accepted the substance of the amendments with the exception of the mandatory
justification for a joint award of conception and execution, but has considered it more appropriate to
include the clarification in the recitals.

Amendments 126 and 172 — Article 1, paragraph 5, now paragraph 10)
purchasing bodies in the definition of contracting authorities)

(Inclusion of central

The Council has acknowledged the need to clarify the relationship between contracting authorities and
central purchasing bodies, but has considered that it is more appropriate to add a separate definition of
central purchasing bodies in paragraph 10.

C 147 E/128

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Official Journal of the European Union

24.6.2003

Amendment 21 — Article 1, paragraph 5a (new), now paragraph 10) (Definition of central purchasing
bodies)

Accepted in principle, see reasoning to amendments 126/172.

Amendment 23 — Article 1, paragraph 6a new, now paragraph 7) (Definition of auctions)

The integration of electronic auctions has been accepted by the Council with further clarifications and
detailed provisions.

Amendment 31 — Article 5, now: Article 6 (Clarification of confidentiality of information)

The Council has incorporated the substance of the amendment in the new wording of Article 6.

Amendment 147 — Article 6, paragraph 1a (new) (Principles of transparency and non-discrimination)

The Council has accepted the substance of the amendment, but has considered it as more appropriate
to refer to such general and undisputed principles in the recitals and not in the body of the text. The
provisions of the articles have no effect on contracts below the thresholds.

Amendment 175 — Article 6a (new), now Article 11 (Central purchasing bodies)

The Council has inserted this general provision on central purchasing bodies in a new and re-structured
Article by modifying the wording of the European Parliament amendment.

Amendment 32 — Article 8, lit. a,b,c), now: Article 7, lit. a,b,c) (Threshold amounts)

The Council has agreed on amounts which differ both from the Commission's original proposal and
from those in the European Parliament's amendment. The Council has based the amounts on a different
method of calculation, taking into account changes in parities since the date when the Commission
presented its proposal.

Amendment 35 — Article 12(6) point b), now: Article 9 (Incorporation of the phenomenon of tacit
renewals of contracts in the provisions on calculation methods)

This amendment is reflected in substance in Article 9, paragraph 1.

Amendment 36 — Article 15a new, now: Article 19 (Contracts in the framework of a program for
sheltered employment)

The Council has taken over the idea of making contracts with institutions of sheltered employment
easier to conclude. The wording of the EP amendment has been slightly modified.

Amendment 38 — Article 19, now: Article 18 (Exclusion for contracts given to other contracting
authorities)

The Council has accepted the EP amendment partially, but has followed the Commission proposal in
denying extension to other than service contracts.

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Amendment 45 — Article 24, paragraph 3, now: Article 23, paragraph 6 (European eco-labels as
technical specifications)

The Council has accepted the substance of the amendment, but has preferred to lay down the
conditions on eco-labels as technical specifications in a new and re-structured paragraph 6.

Amendment 46 — Article 24, paragraph 5, now: Article 23, paragraph 4 (Rejection of tenderers for
non-complying with specifications)

The Council has accepted the substance of the amendment in important parts, but has changed the
wording in order to increase the functionality of the provision.

Amendments 47 and 123 — Article 24, paragraph 7), now: Article 23, paragraph 8 (Unacceptable
references)

The Council has not been able to accept the wording of the EP amendment. However, by re-structuring
the introduction of the paragraph and adding a general justification, the wording should now meet
some of the preoccupations of Parliament, to allow references to production processes etc. for obvious
technical reasons. Moreover, annex VI has also incorporated a reference to ‘production processes’.

Amendment 50 — Article 27, title and paragraph 1 (Incorporation of taxation and environmental
protection obligations in the informatory list for the tenderer)

The Council has included this amendment as enhancing transparency, but has preferred a different
wording giving Member States an option on what to prescribe to contracting authorities.

Amendment 51 — Article 27, paragraphs 1a and 1b (new) (Compliance with social legislation and
employment protection provisions)

The Council has acknowledged the substance of the amendment, but has preferred to integrate the
concerns into recital 31.

Amendment 57 — Article 29, point 3, now: Article 30, lit. c) (Special provision on some supply or
service contracts)

The Council has incorporated some of the substance of the amendment by re-structuring the whole of
Article 30.

Amendment 137 — Article 30, now: Article 29 (Competitive dialogue)

The Council has incorporated some of the suggested modifications by a thorough re-structuring of
Article 29.

Amendment 65 — Article 32a (new), now Article 54 (Provisions on electronic auctions)

The Council has taken over the concept of e-auctions but agreed on more detailed provisions in Article
54. Quantifiable elements other than price are also introduced as criteria and it has been clarified that
electronic auctions should now also be possible in the ‘classical’ field.

Amendment 161 — Article 37, paragraph 1, now Article 38 (Deletion of general remark on time-limits
for tenders)

The Council has accepted a part of the amendment and deleted the first sentence of the paragraph as
having no legislative value.

Amendment 74 — Article 42, paragraph 2, now: paragraph 3 (Additional requirement ensuring
adequate data protection)

The Council has taken on board part of the amendment by extending the requirement to storage of
information.

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Amendments 77 and 132 — Article 44 paragraph 6 (Respect of confidentiality with regard to technical
or trade secrets)

The Council has acknowledged the substance of the amendment but has preferred to keep the
provision in direct relationship to general principles. Therefore most of the relevant wording can be
found in Article 6.

Amendment 80 — Article 46(1) point (ca) (new), now Article 45(1) point d) (Inclusion of money
laundering as a possible reason for exclusion of tenderers)

The Council has accepted the amendment with a minor editorial modification.

Amendment 85 — Article 46(2) point c), now: Article 45(2) point c)
judgements referred to (judgements in accordance with national legal provisions)

(Precision on the type of

The Council has acknowledged the substance and objective of the amendment and integrated it with
some modifications in the wording.

Amendment 86 — Article 46, paragraph 2, point d), now: Article 45 (Inclusion of violation of labour
standards and employment protection provisions as grave professional misconduct)

The Council has not included this provision in Article 45 but has incorporated it as a reason for
exclusion in the case of abnormally low tenders in Article 55 and also as a general reference in recital
31.

Amendment 87 — Article 46, paragraph 2, point (ea)
employment protection legislation or collective agreements)

(new), now: Article 45 (Failure to fulfil

Similar to amendment 86 the Council has considered it sufficient to treat this type of misbehaviour in
the context of Article 55 or recital 31.

Amendment 89 — Article 46, paragraph 2, point (ha) (new), now: Article 45 (Failure to fulfil health
and safety requirements)

The Council has acknowledged the objectives of this amendment but has considered that the substance
of amendments 86, 87 and 89 can be covered by a general clause in recital 31, which specifies what is
possible under this directive and/or current law.

Amendment 93 — Article 49, paragraph 3, point (c), now Article 48(2), point (f)
environmental management and the health and safety of workers)

(Inclusion of

The Council has accepted the substance, but has preferred to integrate a more general point (f) referring
only to environmental management.

Amendment 95 — Article 49, paragraph 4, point (ea) now Article 48 paragraph 2 point (f) (Reference
to environmental management practices)

The Council considers that the clause in Article 48, paragraph 2, point (f) allows for environmental
management measures to be taken into account when relevant to the capacities of a tenderer. This
clause is therefore in line with the objectives of amendments 93 and 95.

Amendment 97 — Article 50a (new), now: Article 50 (Inclusion of environmental management
standards as point of reference for certification)

The Council has accepted the substance of this amendment with some modifications in the wording
and with a reference to the cases described in point (f) of Article 48.

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Amendment 153 — Article 52a (new) (Private law bodies)

The Council has integrated the substance of the European Parliament amendment in re-wording the
first paragraph of Article 52 in order to cover all relevant cases.

Amendments 15 and 100 — Article 54 and accompanying recital, now: Article 54 and recital 31
(Incorporation of the disregard of employment security provisions as a reason for constituting an
abnormally low tender)

The Council has accepted the amendments with some modifications in the wording.

Amendment 103 — Article 61, new paragraph 1a (Reference to requirements on the electronic
signature)

The Council has accepted the substance of the amendment, but preferred the clarification in Annex X
and in recital 35. The issue of encryption has not been taken on board.

Amendment 104 — Article 61, paragraph 2, now: Article 71, paragraph 2.
information exchange and storage)

(Clarification on

The Council has accepted a shorter variant of the amendment. The text has to be seen in the context of
Article 42, paragraph 3.

Amendment 108 — Article 81a (new) (Monitoring mechanism)

The Council has accepted the objectives of the European Parliament amendment, but has preferred an
explanatory recital 18 instead of a detailed provision in the body of the text.

Amendment 109 — Annex VI, point 1 (Precision of the definition of ‘technical specification’ to include
service contracts and environmental aspects)

The Council has accepted most of the substance of the amendment but has preferred to focus on those
parameters mentioned in the European Parliament amendment which can be defined à-priori as
technical specifications.

Amendments 110, 111, 112, 113 and 114 — Annex VII A (Inclusion of additional
information about the contract and the contracting authorities in the contract documents)

items of

The Council has only been able to take on board some of the additional informatory requirements
demanded by the EP amendments, namely those on the review procedures. As far as the mentioning of
competent authorities in health and safety matters is concerned, the Council has noted that according
to Article 27 such indication should be inserted in the tender documents and not in the contract notice.
Therefore it should not be mentioned in the list of information to be inserted in the contract notices.

2.3. The following amendments have been rejected and thus have not been integrated into the text:

Amendment 162 — New recital 1a) (Mentioning of Directive of Environmental Impact Assessment)

The Council has preferred to integrate environmental considerations in a different way.

Amendment 4 — New recital 7a) (Exclusion of contracts given to certain institutions from the scope of
the directive)

The Council has not been in a position to agree on a reference to the cases described in a separate
recital. This rejection follows from the rejection of amendment 40 below.

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Amendment 8 — Recital 17 (Possibility for the contracting authority to prescribe national standards)

The Council has considered the general reference to the possibility of prescribing a national standard in
the absence of European or international standards to be sufficient and has not taken over a longer
explanatory sentence as suggested by the European Parliament amendment. This rejection also follows
the partial rejection of the last sentence of amendment 45.

Amendment 9 — Recital 18 (End of negotiations in negotiated procedure)

The Council has not been in a position to accept this amendment. It has agreed on inserting a new
procedure instead of creating a new case for the negotiated procedure with prior publication. The
Council has however inserted rules into this new procedure to monitor the dialogue in order to avoid
inequality of treatment (see also new recital 29).

Amendment 13 — New recital 30a) (Procedures for application and implementation of the directive)

The Council has considered that the suggested reference to national jurisdiction might be misleading in
certain cases.

Amendment 15 — New recital 31a) (Rejections of tenders which are abnormally low because of
disregard of social protection provisions)

The Council has considered it to be sufficient to include this special case of abnormally low tenders in
the relevant parts of Article 27(2) and Article 55.

Amendment 17 — New recital 34a) Demand to the Commission to examine the possibility of a
directive on concessions and project financing

The Council has considered this demand to be too specific with regard to the needs of future legislative
initiatives, given that the current Directive excludes service concessions.

Amendment 173 — Article 1, paragraph 5a (new) (Exceptionally Complex Contract)

The Council has not been in a position to take up the concept of defining ‘exceptionally complex
contracts’, that had been suggested where design contests are not regarded as a suitable means by the
contracting authorities. The reason is that such a definition would no longer be coherent with the way
in which the Council text has modified the provisions on the ‘competitive dialogue’.

Amendment 25 — Article 1, paragraph 7a (new) (Framework agreements in the area of interpretation
and translation services)

The Council has not considered it to be indispensable to add a special definition for this area, given
that the services in question are not submitted to all the procedural rules of the Directive.

Amendment 29 — Article 1, paragraph 9, now paragraph 8, fifth indent (Design contests with and/or
without prizes)

The Council has not considered a mandatory payment in design contests to be applicable.

Amendment 30 — Article 3, paragraph 1, now Article 4, paragraph 2 (Requirements for groups of
economic operators)

The Council does not regard it as enhancing the level of reassurance to the contracting authority if the
members of a group of tenderers would be allowed to fulfil the requirements of the directive cumu-
latively.

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Amendment 40 — Article 19b (new) (Contracts given to bodies created by the contracting authorities)

The Council has taken the view that the cases described would be sufficiently regulated within the
existing provisions.

Amendment 127 — Article 23, paragraph 3 (Additional requirements in accordance with non-discrimi-
nation principle)

The Council has considered it to be sufficient to refer to such general principles as non-discrimination
and transparency in article 2 and in the recitals.

Amendment 159 — Article 26, now: Article 25 (Requirement for subcontractors to comply with
Articles 46-49 of the directive)

The Council has preferred to maintain most of the text of the Commission's proposal, but has
introduced an option for Member States.

Amendment 49 — Article 26, new paragraph 1a, now: Article 25 (Application of requirements to
subcontractors)

See reasoning regarding amendment 159.

Amendment 54 — Article 28, paragraph 3a (new) (Reverse auction)

The Council has considered the amendment to be unnecessarily detailed and in danger of leading to
misunderstandings on what is permitted or excluded in the context of e-auctions. However, the
Directive does not exclude the possibility of reverse auctions.

Amendment 138 — Article 30a (new) (Exclusive dialogue)

The Council has decided not to include another procedure as this would not enhance transparency.
However, the provisions on the ‘Competitive Dialogue’ have been aligned in such a way as to make it
possible to include some of the cases described. (see also reasoning regarding amendment 9).

Amendment 151 — Article 32, paragraph 2a (new), now: Article 31 (Setting up of a qualification
system)

The Council does not see the necessity of the proposed provision and considers that it could risk
leading to further complicated obligations for tenderers. However,
the provisions for dynamic
purchasing systems, having been integrated into a different part of the text, can be seen as serving
the same purposes as the ‘qualification systems’, but in a more transparent way.

Amendment 63 — Article 32, paragraph 3a (new)
provisions for services)

(Exclusion for intellectual services and special

The Council has not considered this special provision to be adequate, given that the services in question
are not submitted to all the procedural rules of the Directive.

Amendment 139 — Article 32, paragraph 3b (new) (Limitation to framework agreements to supplies
and services)

The Council does not consider that framework agreements should be restricted to services and supplies,
since they also serve a useful purpose for works contracts.

Amendment 66 — Article 33 title and paragraph 1, now: Article 34 (Special rules on public-private
cooperation)

The Council has preferred to maintain the wording of the Commission's proposal which contains
special
since complex procurements and project
financing are already dealt with in other provisions.

subsidized housing schemes,

rules only for

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Amendment 68 — Article 34, paragraph 2, now: Article 35 (Inclusion of qualification systems as cases
requiring a contract notice)

The rejection of this amendment is consequential to the rejection of amendment 151.

Amendment 69 — Article 35, paragraph 1, sub-paragraph 1, now: Article 36, paragraph 1,
sub-paragraph 1 (Publication of contract notices in the Official Journal)

The Council has considered that the provisions on publication are sufficiently described in Article 36(4)
and Annex VIII.

Amendment 70 — Article 37, paragraphs 3 to 7, now: Article 38, paragraphs 3 to 7 (Unified
minimum time-limit of 40 days)

The Council has decided to follow more closely the original Commission proposal and has therefore
not incorporated a unified time-limit of 40 days.

Amendment 71 — Article 40, point 4 (g) (Non-discrimination between tenderers)

The Council has not taken over this amendment since the substance is already addressed in Article 2
which applies to the whole directive.

Amendment 72 — Article 41a (new) (Completion of award procedure)

The Council considers the provisions of the original Commission proposal to be sufficiently clear.

Amendment 131 — Article 42, paragraph 1 (Choice of the communication method)

The Council has rejected the amendment as presenting no obvious improvement in the practical
application.

Amendment 73 — Article 42, paragraph 1, sub-paragraph 2a (new) (Communication methods for
tenderers)

The Council has rejected the amendment as being unnecessarily detailed and difficult to implement. The
objective of the amendment can be met since the contracting authorities may determine the range of
possible communication methods.

Amendment 75 — Article 42, paragraph 4a (new) (Certification of measures to safeguard confiden-
tiality)

The Council considers the proposed provision as too difficult to handle in practice.

Amendment 76 — Article 44, paragraph 2 (Compensation for lack of experience)

The Council does not see an additional value in adding the specific sentence concerned. On the
contrary, the addition could lead to legal uncertainty since the specific capacities are not defined.

Amendment 78 — Article 45a (new) (Qualification systems)

The rejection of this amendment is consequential to the rejection of amendments 68 and 151. The
provisions on dynamic purchasing systems can be seen as serving the same purposes as the ‘qualifi-
cation systems’, but in a more transparent way.

Amendment 81 — Article 46, paragraph 1, point (cb) (new), now: Article 45(1) (Exclusion for the
reason of fraudulent or dishonest anti-competitive behaviour)

The Council has rejected the amendment as it would add little legal substance to the list of reasons for
exclusions already contained in Article 45, paragraph 2 (see also new recital 41).

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Amendment 82 — Article 46, paragraph 1, point (cc) (new), now: Article 45(1) (Exclusion for the
reason of non-compliance with rules and collective agreements)

The Council has not been in a position to take over this amendment. The underlying objective of the
amendment is, however, partly reflected in recitals 31 and 32, which clarify the possibilities for
exclusion provided for in Article 45, paragraph 2.

Amendment 83 — Article 46, paragraph 1, point (cd) (new), now: Article 45(1) (Exclusions for the
reason of drugs-related offences)

The Council rejects this amendment since the underlying objective would be difficult to integrate into
the rules of public procurement and since the definitions of the offences described are not harmonised
throughout the EU.

Amendments 84 and 90 — Article 46, paragraph 2a, now: Article 45 (Exclusion for reasons of
bankruptcy or similar situations)

The Council has preferred to maintain the exclusion of certain tenderers as an option instead of a strict
obligation. A mandatory exclusion might lead to a systematic exclusion of tenderers who have entered
into an arrangement with creditors and condemn them to bankruptcy. The decision to grant a contract
or not to such tenderers should be left to contracting authorities.

Amendment 92 — Article 49, paragraph 2, points (b) and (c), now: Article 48 (Inclusion of environ-
mental protection, environmental management and compliance with health and safety rules in the
criteria for ‘technical capability’)

The Council has rejected the broadening of the scope of the term ‘technical capability’ in the way
suggested in the amendment. See however reasoning regarding amendment 93.

Amendment 176 — Article 53, paragraph 1, point b), now: point a) (Inclusion of benefits for third
parties in contract award criteria)

The Council has preferred to follow the Commission's proposal to clarify that ‘economic advantage’ is
to be considered from the point of view of ‘advantage for the contracting authorities’ and can therefore
not accept the amendment. It also considers that the term ‘justified by’ is more appropriate than ‘linked’
or ‘directly linked’. Recital 31 provides further explanation as to how this term shall be interpreted.

Amendment 99 — Article 53, paragraph 2 (Weighting of criteria)

The Council has rejected the amendment and has kept the substance of the Commission's proposal
regarding the weighting of criteria. In duly justified cases the weighting could be expressed a posteriori
(recital 44).

Amendment 102 — Article 61, paragraph 1 (Choice of communication means by the contracting
authority)

See reasoning regarding Amendment 131.

Amendment 107 — Article 78, paragraph 1, now: Article 79; paragraph 1 (Scope of modifications
possible through the advisory committee procedure)

The Council has rejected the restriction of the scope of the comitology procedure as endangering the
practicability of the overall framework.

Amendment 115 — Annex VIII, point 1, new indent (da) (Clarification on web-site information)

The Council considers the existing provisions on the form of web-site information to be sufficient for
the purpose.

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Amendments 117 and 116 — new annexes IXa and IXb (New annex information on electronic systems
and labour standards)

The Council has rejected the European Parliament amendments as the suggested form of the new
annexes would not fit into the framework established by the directive.

3. Important changes agreed by Council in comparison with the original Commission proposal

Dynamic purchasing systems and electronic auctions — Article 32a/Article 53a

By introducing detailed provisions
the Council has
acknowledged the need to provide all parties concerned with rules on new techniques in order to
keep the public procurement framework in line with new developments.

regarding electronic purchasing systems

Environmental management standards — Article 50a; Environmental criteria as technical specifications —
Article 24 (paragraph 5a)

By introducing these provisions the Council wishes to contribute to a clarification of the use of
environmental technical specifications in general and certificates in particular with the aim of giving
Member States a greater degree of flexibility and in order to respond to the practical demands.

Decisions of the jury — Article 63a

The streamlining of the conditions for jury decisions has been deemed necessary in order to safeguard
anonymity as a precondition of fair competition.

Annex X

This new annex sets out essential requirements for operating e-procurement. The main concept has
been acknowledged in an EP amendment. The Council has agreed on a text which clarifies this issue
further.

4. Conclusion

The common position aims at providing a clear legal framework for public procurement with due
regard to the need for a high degree of practicability for all parties concerned. It maintains the original
concept and objective of the Commission's proposal. At the same time the Council has decided to
integrate a number of European Parliament amendments, at least in substance, in an effort to meet
Parliament's concerns and to provide additional clarity on a number of important points.