Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council   (Text with EEA relevance)
Date: 2005-09-07
Institutions: European Commission
Subjects: form, invitation to tender, standardisation

1.10.2005

EN

Official Journal of the European Union

L 257/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1564/2005
of 7 September 2005

establishing standard forms for the publication of notices in the framework of public procurement
procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and
of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2004/17/EC of the European Parlia-
ment and of the Council of 31 March 2004 coordinating the pro-
curement procedures of entities operating in the water, energy,
transport and postal services sectors (1), and in particular
Articles 44(1) and 63(1) thereof,

Having regard to Directive 2004/18/EC of the European Parlia-
ment and of the Council of 31 March 2004 on the coordination
of procedures for the award of public works contracts, public sup-
ply contracts and public service contracts (2), and in particular
Articles 36(1), 58(2), 64(2) and 70(1) thereof,

After consulting the Advisory Committee for Public Contracts,

Whereas:

(3)

(4)

Directive 2004/18/EC requires that contracts to which it
applies are to be advertised in the Official Journal of the
European Union. The notices for that publication must
include the information set out by that Directive, and in
particular in Annex VII thereto.

Council Directive 92/50/EEC of 18 June 1992 relating to
the coordination of procedures for the award of public ser-
vice contracts (3), 93/36/EEC of 14 June 1993 coordinat-
ing procedures for the award of public supply contracts (4),
93/37/EEC of 14 June 1993 concerning the coordination
of procedures for the award of public works contracts (5),
and 93/38/EEC of 14 June 1993 coordinating the procure-
ment procedures of entities operating in the water, energy,
transport and telecommunications sectors (6), as amended
by Commission Directive 2001/78/EC (7), provided for
standard forms for the publication of such notices.

Since Directives 92/50/EEC, 93/36/EEC and 93/37/EEC
have been replaced by Directive 2004/18/EC and Directive
93/38/EEC has been replaced by Directive 2004/17/EC, it
is necessary to lay down a single set of updated standard
forms which take into account the information required by
those Directives and provide for formats which can be
handled electronically.

(1)

Directive 2004/17/EC requires that contracts to which it
applies are to be advertised in the Official Journal of the
European Union. The notices for that publication must
include the information set out by that Directive, and in
particular in Annexes XIII, XIV, XV A, XV B, XVI, XVIII
and XIX thereto.

(1) OJ L 134, 30.4.2004, p. 1. Directive as amended by Commission
Regulation (EC) No 1874/2004 (OJ L 326, 29.10.2004, p. 17).
(2) OJ L 134, 30.4.2004, p. 114. Directive as amended by Regulation (EC)

No 1874/2004.

(3) OJ L 209, 24.7.1992, p. 1. Directive as last amended by the 2003 Act

of Accession.

(4) OJ L 199, 9.8.1993, p. 1. Directive as last amended by the 2003 Act

of Accession.

(5) OJ L 199, 9.8.1993, p. 54. Directive as last amended by the 2003 Act

of accession.

(6) OJ L 199, 9.8.1993, p. 84. Directive as last amended by the 2003 Act

of Accession.

(7) OJ L 285, 29.10.2001, p. 1.

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Official Journal of the European Union

1.10.2005

(5)

Member States have to transpose Directives 2004/17/EC
and 2004/18/EC into national law by 31 January 2006 at
the latest. Some Member States may, however, transpose
those directives before the expiry of that deadline. It is
therefore appropriate that contracting entities within the
meaning of Directive 2004/17/EC, and contracting
authorities within the meaning of Directive 2004/18/EC,
in Member States where national transposition measures
enter into force before the expiry of the transposition
period under Directives 2004/17/EC and 2004/18/EC,
apply the standard forms established in this Regulation
from the date of entry into force of those national
measures,

HAS ADOPTED THIS REGULATION:

and from 1 February 2006 at the latest, use, for the publication
in the Official Journal of the European Union of the notices referred
to in Articles 41 to 44 and 63 of that Directive, the standard
forms set out in Annexes IV to IX, XII and XIII to this Regulation.

Article 2

Contracting authorities shall, from the date of entry into force of
respective national measures transposing Directive 2004/18/EC
and from 1 February 2006 at the latest, use, for the publication
in the Official Journal of the European Union of the notices referred
to in Articles 35, 36, 58, 64, 69 and 70 of that Directive, the stan-
dard forms set out in Annexes I, II, III and VIII to XIII to this
Regulation.

Article 1

Article 3

Contracting entities shall, from the date of entry into force of the
respective national measures transposing Directive 2004/17/EC

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 September 2005.

For the Commission
Charlie McCREEVY
Member of the Commission

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Official Journal of the European Union

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List of Annexes

Annex I: Standard form 1:

‘Prior information notice’

Annex II: Standard form 2:

‘Contract notice’

Annex III: Standard form 3:

‘Contract award notice’

Annex IV: Standard form 4:

‘Periodic indicative notice – Utilities’

Annex V: Standard form 5:

‘Contract notice – Utilities’

Annex VI: Standard form 6:

‘Contract award notice – Utilities’

Annex VII: Standard form 7:

‘Qualification system – Utilities’

Annex VIII: Standard form 8:

‘Notice on a buyer profile’

Annex IX: Standard form 9:

‘Simplified contract notice on a dynamic purchasing system’

Annex X: Standard form 10:

‘Public works concession’

Annex XI: Standard form 11:

‘Contract notice - Contracts to be awarded by a concessionaire who is not a contracting authority’

Annex XII: Standard form 12:

‘Design contest notice’

Annex XIII: Standard form 13:

‘Results of design contest’

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Official Journal of the European Union

L 257/5

ANNEX I

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EN

Official Journal of the European Union

L 257/15

ANNEX II

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EN

Official Journal of the European Union

L 257/29

ANNEX III

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EN

Official Journal of the European Union

L 257/39

ANNEX IV

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EN

Official Journal of the European Union

L 257/53

ANNEX V

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EN

Official Journal of the European Union

L 257/67

ANNEX VI

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EN

Official Journal of the European Union

L 257/77

ANNEX VII

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EN

Official Journal of the European Union

L 257/85

ANNEX VIII

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EN

Official Journal of the European Union

L 257/89

ANNEX IX

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EN

Official Journal of the European Union

L 257/95

ANNEX X

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EN

Official Journal of the European Union

L 257/103

ANNEX XI

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EN

Official Journal of the European Union

L 257/111

ANNEX XII

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EN

Official Journal of the European Union

L 257/121

ANNEX XIII