Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement   (Text with EEA relevance)
Date: 2005-09-07
Institutions: European Commission
Subjects: Publications Office of the European Union, award of contract, dissemination of information, public contract

1.10.2005

EN

Official Journal of the European Union

L 257/127

COMMISSION DIRECTIVE 2005/51/EC
of 7 September 2005

amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European
Parliament and the Council on public procurement

(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 (1), and in particular Article 70(b)
thereof,

(3)

(4)

Since the standard forms set out in Directive 2001/78/EC
do not take full account of the information required under
Directives 2004/17/EC and 2004/18/EC, new standard
forms will be established in implementing measures. As a
consequence, the references to Directive 2001/78/EC in
Annex XX to Directive 2004/17/EC and in Annex VIII to
Directive 2004/18/EC are no longer valid.

Directives 2004/17/EC and 2004/18/EC should therefore
be amended accordingly.

The measures provided for in this Directive are in accor-
dance with the opinion of the Advisory Committee on
Public Procurement,

Having regard to Directive 2004/18/EC of the European Parlia-
ment and 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
Article 79(b) thereof,

HAS ADOPTED THIS DIRECTIVE:

Whereas:

Article 1

(1)

Annex XX to Directive 2004/17/EC establishes that the
notices referred to in Articles 41, 42, 43 and 63 of that
Directive are sent by the contracting entities to the Office
for Official Publications of the European Communities in
the format required by Commission Directive 2001/78/EC
of 13 September 2001 amending Annex IV to Council
Directive 93/36/EEC, Annexes IV, V and VI to Council
Directive 93/37/EEC, Annexes III and IV to Council Direc-
tive 92/50/EEC, as amended by Directive 97/52/EC, and
Annexes XII
to Council
to XV, XVII and XVIII
Directive 93/38/EEC, as amended by Directive 98/4/EC
(Directive on the use of standard forms in the publication
of public contract notices) (3). Similarly, Annex VIII to
Directive 2004/18/EC establishes that the notices referred
to in Articles 35, 58, 64 and 69 of that Directive are sent
by the contracting authorities to the Office for Official
Publications of the European Communities in the format
required by Directive 2001/78/EC.

In point 1(a) of Annex XX to Directive 2004/17/EC, the first sen-
tence is replaced by the following:

‘Notices referred to in Articles 41, 42, 43 and 63 must be sent by
the contracting entities to the Office for Official Publications of
the European Communities in the format established by imple-
menting measures to be adopted by the Commission in accor-
dance with the procedure referred to in Article 68(2).’

Article 2

In point 1(a) of Annex VIII to Directive 2004/18/EC, the first sen-
tence is replaced by the following:

(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 285, 29.10.2001, p. 1.

‘Notices referred to in Articles 35, 58, 64 and 69 must be sent by
the contracting authorities to the Office for Official Publications
of the European Communities in the format established by imple-
menting measures to be adopted by the Commission in accor-
dance with the procedure referred to Article 77(2).’

L 257/128

EN

Official Journal of the European Union

1.10.2005

Article 3

Article 4

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
by 31 January 2006 at the latest. They shall forthwith inform the
Commission thereof.

This Directive shall enter into force on the twentieth day follow-
ing its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 7 September 2005.

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

For the Commission
Charlie McCREEVY
Member of the Commission