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                           C O M ( 9 1 ) 3 2 2 final - SYN 293

                           Brussels, 30 August 1991

               Amended proposal for a

                 COUNCIL DIRECT IVE

     relating to the coordination of procedures on the award

              of public service contracts

    (presented by the Commission pursuant to Article 149(3)

                 of the EEC Treaty)

```

##### **`*`** **_z -_**

```
                 Table of contents

I. State of procedure p. 3

I I. Comments on the major EP amendments not

     retained in the amended proposal p. 3

III. The amended proposal .p. 4

     (a) Changes which do not alter the

        substance of the proposal

     (b) Definition of public service

        contracts

     (c) Concessions

     (d) Thresholds

```

**`(e)`** _**Pr**_ **`ior i`** **`ty and`**

```
         residual services

     (f) Contents of indicative notices

     (g) Nature of tenderers

         (natural or legal persons)

     (h) Abnormally low tenders

     (I) Preference schemes.

     (J) Statistical reports

     (k) Non-EC tenders

AMENDED PROPOSAL

Preamble p. 13

Articles p. 17

Annexes p. 44

```

```
                    - 3 
I. STATE OF PROCEDURE

1. In June 1990, the Commission presented its initial proposal for

    this Directive d ) .

2. The Economic and Social Committee adopted its opinion on 29 May

    1991< [2] >.

3. On 15 May 1991, Parliament adopted its opinion on the proposal,

    Including a number of amendments^ [3] ). The majority of

    Parliament's amendments aim at clarifying the proposal, inter

    alia as regards its scope, as well as simplifying certain

    provisions of the Directive. Parliament's amendments also

    concern a number of Important issues such as exclusions of

    contracts for certain services and the coverage of others;

    thresholds; concessions; variants; the nature of bidders

    (natural or legal persons); statistics; or the treatment of non
    EC tenders,

4. The Commission has accepted the majority of Parliament's

    amendments, in particular those that aim at a higher degree of

    clarity and simplicity, although in certain cases modifying

    them as appropriate In the context of the Directive. In

    particular as regards the provisions on concessions, further

    changes were necessary in the Interests of clarity.

I I. Comments on Parliament's amendments not retained In the amended

    proposal

5. As regards the indicative notices provided for in Article 16,

    the Commission Is of the opinion that more flexibility is needed

    than Parliament's amendment would allow. Experience with the

    corresponding requirements under the other Directives suggests

(1) 0J. No. C 23, 31.1.1991

(2) 0J. No. C

(3) OJ. No. C

```

```
                    - 4 
    that contracting authorities should be allowed to choose the

   descriptive headings which correspond to their own practice and

    that an exhaustive listing would not be helpful. However, the

   Commission will continue to reflect on this proposal in the

    light of experience being gained with the Supplies and Public

    Works Direct Ives.

6. As regards the provision on abnormally low offers the Commission

    considers that this should be aligned on the provisions of the

    other Directives which relate to public authorities, notably the

    Public Works Directive (71/305/EEC)< [4] ), and not on that of the

    "Utilities Directive" (90/531/EEC) [(5)] which relates to

    dlfferent entItles.

7. The Commission has not retained a number of amendments which

    were adopted by Parliament and which seek to ensure a closer

    supervision of the respect by bidders of their obligations

    under social and environmental legislation. In the Commission's

    view the supervision of such obligations is better carried out

    in the context of the relevant social or environmental

    legislation. To use EC procurement rules for this purpose

    would reduce their effectiveness In meeting their principal goal

    of ensuring the non-discriminatory award of public contracts.

 III. THE AMENDED PROPOSAL

8. Changes compared to the initial proposal are underlined. The

    following explanations take the Articles in their order.

(a) Changes which do not alter the substance of the proposal

9. Following the opinion of the Parliament, the Commission, In its

    amended proposal, has replaced the term "supplier" by "service

    provider". It has also, at a number of places, inserted

(4) OJ. No. L 185, 16.8.1971

 (5) OJ. No. L 297, 29.10.1990

```

```
                   - 5 
   texts where previously there had been a cross reference to a

    text In the Public Works Directive. This applies to Art 1(b)

    (contracting authorities); Art 8(8) (calculation of thresholds);

   Art 20 (variants); Art 31 (lists of recognized suppliers). While

    constituting no change of substance, the Commission accepts the

    Parliament's view that this will assist understanding by making

    the text more readable. It further has introduced minor changes

    In the Articles 1, 2, 13, 14, 15, 18, 19, 22, 26, 27, 29, 30,

    33, 39, 40, and In Annexes IA, IB, 1MB, C, D, E. It had to

    renumber the Articles because of the deletion of Articles as

    a consequence of explained modifications.

(b) Definition of public service contracts

10. The provisions of Article 1(a) have been changed in two

       respects:

       the text alms to make it clear that contracts for

       financial services are covered by the Directive,

       Irrespective of the fact that they may be awarded in

       connection with contracts In connection with land,

       buildings, or immovable, property (subparagraph (ii)),

       which are themselves excluded;

       the exclusion of contracts awarded by the "utilities",

       which was included in the initial proposal as Article 6,

       has been inserted in Article 1(a) (viii).

```

```
                   - 6 
(c) Concessions

11. The amended proposal brings together all the provisions relating

    to the award of public service concessions In

       Article 1(h) (definition), and

       Article 4 (award of concessions; rules applicable to the

       award of contracts by concessionaires).

12. The definition in Article 1(h) aims to distinguish, in the field

    of concessions which are intended to ensure that a service is

    made available to the public, between "public service

    concessions" which are covered In Article 4 of this Directive

    and "public works concessions", which are covered by the

    provisions of the Public Works Directive. The principle Is that

    any concession which includes provision for works to be carried

    out should be considered to be a public works concession. All

    others should be public services concessions.

13. Article 4 provides the conditions under which public service

    concessions should be awarded (paragraph 1 and 2); the

    conditions under which a concessionaire which Is a public

    authority should award its own contracts (paragraph 3); and the

    conditions under which their concessionaires should award their

    own contracts (paragraph 4).

14. The principle which is applied to the award of public service

    concessions is one of publicity where the turnover Involved Is

    ECU 200.000 or more per year. This provision, which is the same,

    apart from the threshold, as that applied to the award of public

    works concessions In the Public Works Directive, ensures that

```

```
                   - 7 
    Interested service providers will be made aware that a

   concession is being awarded. However, It also, implicitly,

    recognizes the differences between concessions and public

    service contracts.

15. A public service concession concerns the provision of a service

    to the public, while a public service contract Involves the

    provision of a service to the public authority. A concessionaire

    accepts the financial risk In providing a public service, in

    return for the chance of profit while a contractor seeks his

    profit in the more limited context of the price for delivering

    of a particular service.

16. For this reason, the award of public service concessions (like

    public works concessions under the Public Works Directive) is

    not subject to the detailed requirements which are considered

    appropriate for public service contracts. The rules of the

    Treaty do, of cause, apply. Nevertheless, in parallel with the

    Public Works Directive, provision Is made for contracting

    authorities to Impose, should they so wish, certain requirements

    concerning the extent to which concessionaires award contracts

    to third part les.

17. Public authorities which are concessionaires do not, thereby,

    escape from their obligations under the Directives on the award

    of public supply contracts, public works contracts or public

    service contracts.

    In order to ensure that the use of concessions does not limit

    the scope for the development of the Internal market

    concessionaires which are not public authorities or which are

    not covered by the Utilities Directive are to be required to

    publicize their supplies, works and services contracts. This

```

```
(2)

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                   - 8 
   requirement Is, however, set aside when the conditions for award

   without publicity laid down in the relevant Directives apply

   and when the contract Is awarded to an undertaking which is a

   member of the group to which the concession has been awarded, or

   to one of Its affiliates.

18. In presenting the provisions relating to the award of public

   service concessions in this way, the Commission has followed the

   substance of the relevant amendments of the European Parliament.

    It has, however, gone somewhat further in bringing together all

   the texts relating to concessions. In this way It has sought to

   meet the Parliament's desire for the clearest possible text.

(d) Thresholds

19. The Commission also follows Parliament on the provisions of

   Article 8. This article should be considered also in the light

   of Article 2, which provides for a distinction on the basis of

   majority content between supplies contracts and services

    contracts. Contracts In practice often contain a mixture of

    supplies and services. Further, the distinction between many

    supplies (for example In cases of rental) and services can be

    rather fine. For this reason, and in order to avoid creating a

    potential source of conflict as to the correct classification of

    contracts, It Is proposed to apply the same threshold to service

    contracts as to supplies contracts awarded by the same entity.

    To this effect, the threshold is ECU 200.000 except for those

    authorities which are subject to the GATT Government Procurement

    Agreement, for which the threshold Is ECU 130.000 . Special

    thresholds for particular types of services, as the discussions

    in Parliament have shown, risk creating uncertainties and

    disputes. Given that the way in which service providers are

    remunerated may vary, additional provisions are made relating to

    calculation of the contract value.

```

```
                - 9 
(e) Priority and residual services

20. The amended proposal maintains the concept of two-tier
    application of the Directive, as laid down In Articles 9 to 11.

    However, following the Parliament's opinion and In the light of

    discussion with the sectors concerned, all types of financial

    services covered by the Directive are now listed In category 6

    of Annex IA including those which were previously listed in

    category 21 of Annex IB.

(f) Contents of Indicative notices

21. Article 16 has been amended In consequence of the modification

    to Article 8 (thresholds). Contracting authorities have to

    publish the Intended total procurement in each of the service

    categories listed in Annex IA which they envisage awarding

    during the next twelve months where the estimated value reaches

    ECU 750.000.

(g) The nature of tenderers (natural or legal persons)

22. In accordance with the amendment of the European Parliament, the

    Commission has amended and rearranged its proposal on the nature

    of tenderers with a view to its clarification (Article 22).

23. In certain service sectors national regulations prohibit the

    establishment of service operators as legal persons, only allow

    particular forms of legal persons, or require the owners to be

    members of a particular profession. Such requirements, which are

    of general application, could constitute a major obstacle to the

    liberalization of public procurement of services, for example If

    contracting authorities could reject tenderers from other Member

    States for the sole reason that they are legal persons.

```

```
                - 10 
24. The European Court of Justice has repeatedly stated, notably in

    its Judgement of 17. December 1981 (Webb))< [6] >, that the

    provisions of the Treaty on the freedom to provide services

    Imply that the rules of the country where the service Is

    provided can only be applied to the provision of services

    across frontiers Insofar as they are Justified In the public

    Interest, and the subject matter Is not covered by equivalent

    rules In the country of establishment. Further, the rules of the

    country where the service Is performed may only be applied to

    cross frontier service activities Insofar as they are

    proportionate, necessary and appropriate to solve the subject

    matter.

25. In order to Implement these principles for public procurement of

    services, the proposal contains two provisions:

       In accordance with the principle of home-country

       regulation, status as a natural or a legal person is not,

       of itself, to be a ground for rejection of a bidders;

       the contracting authority is, however, permitted to

       establish the names and qualifications of those who will

       work on a project.

(h) Abnormally low tenders

26. In accordance with the general approach of the Parliament, the

    Commission has aligned Its provision on abnormally low offers as

    far as possible on the Public Works Direct Ive.

(6) Case 279/80, Webb, [1981] ECR 3304.

```

```
                   - 11 
( I ) Preference schemes

27. The modified proposal no longer contains provisions covering

    preferential award criteria (Arts 33(3) and 35 of the initial

    proposal). These deletions are in line with Parliament's

    amendments, recent decisions of the European Court of

    Justice^ [7] ) and the Commission's views regarding the

    compatibility of preference systems with Article 30 of the

    Treaty. Further, It Is now clear that the directive will not

    enter with force before 31 December 1992, the date on which the

    provisions of Art 35 would have ceased to apply.

(J) Statistical reports

28. Pursuing the objectives of the European Parliament, the amended

    proposal aligns the provisions of Article 35 on those of the

    Public Works Directive In order to provide a coherent set of

    rules for all types of contracts.

(k) Non-EC tenders

29. The provisions of the Directive regarding third countries

    provide for a combination of erga omnes opening of contracts

    with a problem-solving mechanism to deal with any trade

    problems that may arise.

    Thus Article 37 provides, In its paragraphs 1 and 2, for the

    exchange of information between Member States, Commission and

    Council regarding relations with third countries in the field

    of public service contracts.

(7) Case 21/88, Du Pont de Nemours, Judgement of 20.3.1990, not yet

    reported in ECR.

```

```
               - 12 
Paragraph 3 provides for the Commission to seek to resolve, by

negotiation, situations where Community undertakings do not

receive effective access, national treatment or most favoured

natIon status.

Paragraph 4 provides for corrective measures to be taken, as

rapidly as may be necessary, where one of the problems referred

to In paragraph 3 arises.

```

```
                       - 13 
                 Amended Proposal for a

                  COUNCIL DIRECTIVE

           relating to the coordination of procedures
           on the award of public service contracts

  THE COUNCIL OF THE EUROPEAN COMMUNITIES,

  Having regard to the Treaty establishing the European Economic Community,
  and in particular Articles 57(2), 66, 100a and 113 thereof,

  Having regard to the proposal from the Commission,

  In cooperation with the European Par Iiament^ [1] ),

  Having regard to the opinion of the Economic and Social Committee^ [2] ),

  Whereas the European Council has concluded In successive meetings on the
  need to complete the internal market;

  Whereas measures aimed at progressively establishing the Internal market
  during the period up to 31 December 1992 need to be taken; whereas the
  internal market is an area without Internal frontiers in which the free

  movement of goods, persons, services and capital Is ensured;

  Whereas these objectives require the coordination of the procurement
  procedures on thé award of public service contracts;

  Whereas the White Paper on the completion of the internal market contains
  an action programme and a timetable for opening up public procurement
  markets, including in the field of services Insofar as this Is not already
  covered by Council Directive 71/305/EEC of 26 July 1971 concerning the
  coordination of procedures for the award of public works contracts^), as
  last amended by Directive 90/531/EEC [(4] >, and Council Directive 77/62/EEC
  of 21 December 1986 coordinating procedures for the award of public supply
  contracts [(5)], as last amended by Directive 88/295/EEC [(6)] ;

  Whereas this Directive should be applied by all contracting authorities in
  the sense of the aforementioned Directives;

  Whereas service providers may be natural or legal persons, without
  prejudice to the national rules of their country of establishment that are
  compatible with the Treaty;

(1) OJ No c
(2) OJ No c
(3) OJ No L 185, 16.08.1971. p. 5
(4) OJ No L 297, 29.10.1990. p. 1
(5) OJ No L 13. 15.1.1977, p. 1
```

**`(6)`** **`OJ No L`** **`127,`** **`20.5.1988. p.`** _**\**_

```
                     - 14 
Whereas the field of services is best described, for the purpose of
application of procurement rules, and for monitoring purposes, by
subdividing It Into categories corresponding to particular positions of the
Central Product Classification (CPC);

Whereas the provision of services Is covered by this Directive only Insofar
as it is based on contracts; whereas the provision of services on other
bases, such as law or regulations, or employment contracts, is not covered;

Whereas as far as research and development (R&D) is concerned, this
Directive only covers R&D services whose results accrue exclusively to the
contracting authority;

Whereas, in order to ensure coherent award procedures, public service
concessions should be covered by this Directive;

Whereas contracts relating to the acquisition or rental of Immovable
property have particular characteristics, which make the application of
procurement rules inappropriate;

Whereas the award of contracts for certain audio-visual services in the

broadcasting field is governed by considerations which make the
application of procurement rules Inappropriate;

Whereas arbitration and conciliation services are usually provided by
bodies or individuals which are agreed on, or selected, in a manner which
cannot be governed by procurement rules;

Whereas the financial services sector includes activities in connection

with the application of Instruments of monetary policy; the particular
characteristics of this area require their exclusion from this Directive;

Whereas In the field of services the same derogations as In the
aforementioned Directives should apply, as regards State security or
secrecy and the priority of other procurement rules such as those pursuant
to international agreements, the stationing of troops, or the rules of
international organisations;

Whereas this Directive does not prejudice the application of, in
particular, Articles 55, 56 and 66 of the Treaty;

Whereas the rules concerning service contracts as contained In Council
Directive 90/531/EEC of 17 September 1990 on the procurement procedures of
entities operating In the water, energy, transport and telecommunications
sectors should remain unaffected by this Directive;

Whereas contracts with a designated single source of supply may under
certain conditions be fully or partly exempted from this Directive;

```

```
                       15 
Whereas this Directive should not apply to small contracts below a certain
threshold, in order to avoid unnecessary formalities; whereas the
threshold may in principle be the same as that for public supply contracts;
whereas the calculation of contract value, the publication and the method
of adaptation of the thresholds should be the same as in the other
Community procurement directives;

Whereas, to eliminate practices that restrict competition In general and
participation in contracts by other Member States' nationals in particular,
it is necessary to improve the access of service providers to procedures

for the award of contracts;

Whereas full application of the Directive must be limited, for a
transitional period, to contracts for those services where Its provisions
will enable the full potential for increased cross-frontier trade to be

realised; whereas contracts for other services need to be monitored for a

certain period before taking a decision on the full application of the
Directive; whereas the mechanism for such monitoring needs to be set up by

the Directive; whereas it should at the same time enable those interested

to share the relevant information;

Whereas the rules for the award of public service contracts should be as

close as possible to those concerning public supply contracts and public

works contracts;

Whereas the procurement rules contained in Directives 71/305/EEC and
77/62/EEC can be applied, with necessary adaptations so as to take into
account special aspects of procurement of services such as the choice of
the negotiated procedure, design contests, variants, the legal form under
which the service providers operate, the reservation of certain activities
to certain professions, registration and quality assurance matters;

Whereas use may be made of the negotiated procedure with prior publication
of a notice when the service to be provided cannot be specified with
sufficient precision, particularly In the field of Intellectual services,
with the result that the contract cannot be awarded by selection of the
best tender in accordance with the rules governing the open and restricted
procedures;

Whereas the relevant Community rules on mutual recognition of diplomas,
certificates or other evidence of formal qualifications apply when evidence
of a particular qualification is required for participation in an award
procedure or a design contest;

Whereas the objectives of this Directive do not require any changes in the
current state at national level, as regards the admission, or regulation,
of price competition between service providers of certain services;

Whereas contracting authorities must be able to reject tenders which,
because they are based on State aids, are unreliable; whereas tenders

```

```
(3)

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```
                      - 16 
which are submitted by public bodies may create the risk of distortions
of competition when they are influenced by the availability of public
financing; whereas contracting authorities shall, under particular
conditions, inform the Commission of their attitude towards such tenders;
whereas this Directive does not prejudice the application of Articles 92 et
seq. of the Treaty;

Whereas Community undertakings should be granted access to the award of
public service contracts and concessions In non-Community countries;
whereas negotiations may be Initiated to that effect when such access, in
law or in fact, is found to be restricted; whereas the possibility should
exist under certain conditions to take measures as regards access,by
untertakings originating In the non-Community country concerned, to public
service contracts and concessions awarded by the contracting authorities
who are subject to this Directive;

Whereas the operation of this Directive should be reviewed at the latest
three years after the date for compliance of national procurement rules;
whereas the review should extend In particular to the possibility of making
the Direct Ive fully applicable to a wider range of service contracts;

HAS ADOPTED THIS DIRECTIVE:

```

```
                        17 
                      TITLE 1

                   General provisions

                      Article 1

  For the purpose of this Directive:

  (a) "public service contracts" are contracts for pecuniary interest
     concluded in writing between a service provider and a contracting
     authority, which are not

     (i) public supply contracts within the meaning of Article 1(a) of
          Directive 77/62/EEC or public works contracts within the
          meaning of Article 1(a) of Directive 71/305/EEC;

     (ii) contracts for the acquis it Ion or rental, by whatever
          financial means, of land, existing buildings, or other
           immovable property or concerning rights thereon-,
          nevertheless, financial service contracts (leasing, loans,
           leasing or hire purchase contracts, with or without option to
          buy) concluded at the same time as, before or after, the
          contract of acquisition or rental, In whatever form, shall be
          subject to this Directive-,

     (Mi) contracts for the acquisition of programme material by
          broadcasters within the meaning of Council Directive
          89/552/EEC ( [7] ), and contracts for broadcasting time;

     (iv) contracts for voice telephony, telex, radiotelephony, paging

          and satellite services;

     (v) contracts for arbitration and conciliation services;

     (vi) public service concessions in the sense of point (h);

     (vii) contracts concerning primary issues of government bonds and
          other activities In the area of public debt management;

     (vill) contracts awarded by contracting entities within the
          meaning of Article 2(1) of Directive 90/531/EEC which
          correspond at the same time to the definition of contracting
          authorities pursuant to article K b ) of this Directive;

  (b) "contracting authorities" (hereafter "authorities") shall be the
     State, regional or local authorities, bodies governed by public law,
     associations formed by one or several of such authorities or bodies
     governed by public law and all other bodies listed In Annex I to
     Directive 80/767/EEC.

     A body governed by public law means any body:

     - established for the specific purpose of meeting needs in the
       general Interest, not having an Industrial or commercial character,

       and

(7) 0J No L 298. 17.10.1989. p. 23

```

```
                     - 18 
   - having legal personality, and

   - financed, for the most part, by the State, or regional or local
     authorities, or other bodies governed by the public law; or
     subject to management supervision by those bodies; or having an
     administrative, managerial or 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.

The lists of bodies or of categories of such bodies governed by public law

which fulfil the criteria referred to In the second subparagraph are set
out In Annex I to Directive 71/305/EEC.

(c) "Service providers" are natural or legal persons, Including public
   bodies which offer services. A service provider who submits a tender
   shall be designated by the term "tenderer", and one who has sought
   an invitation to take part in a restricted or negotiated procedure by
   the term "candidate";

(d) "open procedures" are those national procedures whereby all Interested
   service providers may submit a tender;

(e) "restricted procedures" are those national procedures whereby only
   those service providers invited by the authority may submit a tender-,

(f) "negotiated procedures" are those national procedures whereby

   authorities consult service providers of their choice and negotiate

   the terms of the contract with one or more of them;

(g) "design contests" are those national procedures which aim at providing
   the authority with a plan or design, mainly in the fields of area
   planning, town planning, architecture and civil engineering, or data
   processing, and which are selected by a jury on the basis of
   competition with or without the award of prizes;

(h) a "public service concession" is a contract other than a public works
   concession within the meaning of Article 1(d) of Directive
   71/305/EEC, concluded between an authority and another entity of Its
   choice whereby the former transfers the execution of a service to the
   public lying within its responsibility to the latter and the latter
   agrees to provide the activity in return for the right to exploit the
   service or this right together with payment, if the concession
   contract covers even partially either the Implementation or the joint
   Implementation and design of works in connection with one of the
   activities referred to In Annex II of Directive 71/305/EEC or the type
   of work defined in Article 1(c) of Directive 71/305/EEC or the

   carrying out, by whatever means, of work in accordance with precise
   specifications laid down by the contracting authority, only Directive
   71/305/EEC shall apply, even If the contract falls partly within the
   definition of a public service concession.Contracts for the award of
   rights to perform broadcasting activities are excluded from this

   defInition.

```

```
                       - 19

                      Article 2

If a public contract is intended to cover both products within the meaning of
Directive 77/62/EEC and services within the meaning of Annexes IA and IB of
this Directive, it shall fall within the scope of this Directive If the value
of the services In question exceeds that of the products covered by the

contract.

                      Article 3

1. Member States shall take the necessary measures to ensure that
     authorities comply with this Directive when they award public service
     contracts or public service concessions, or hold design contests.

2. Authorities shall ensure that there Is no discrimination between

     different service providers.

3. Member States shall take the necessary measures to ensure that the
     authorities comply or ensure compliance with this Directive where they
     subsidize directly by more than 50% service contracts awarded by an
     entity other than themselves in connection with works contracts to
     which Article 1a(2) of Directive 71/305/EEC relates.

                      Article 4

1. Where the authorities Intend to award a public service concession, the
     advertising rules set out In Article 16(3), Article 17 (1) and (2) and
     Article 18 shall apply when the value of the concession, defined as the
     concessionaire's turnover In carrying out the contract, equals or
     exceeds ECU 200.000 a year, excluding VAT.

2. Where authorities intend to award a concession, they may

     - either require the concessionaire to award contracts representing a

       minimum of 30% of the total value of the services for which the

       concession is to be awarded, to third parties, at the same time
       providing the option for candidates to Increase this percentage. This
       minimum percentage shall be specified In the concession contract,

     - or request the candidates for a concession to specify in their
       tenders the percentage, if any, of the total value of the concession
       which they intend to assign to third parties.

3. When a concessionaire is an authority within the meaning of
     Article K b ), it shall comply, in [c] the award of contracts to third
     parties, with the provisions of:

     - this Directive in the case of service contracts;
     - Directive 77/62/EEC In the case of supply contracts;
     - Directive 71/305/EEC In the case of works contracts.

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```
                       - 20 
  4. When a concessionaire Is not an authority within the meaning of
     Article K b ), or a contracting entity within tfie meaning of Article 2
     of Directive 90/531/EEC, Member States shall take the necessary steps
     to ensure that It shall comply, In the award of contracts to third
     parties, with the provisions of:

     - the advertising rules as set out in Articles 17, 18 and 19 of this
       DirectIve In the case of service contracts listed in Annex IA, when

       the value of the contract exceeds the thresholds fixed In Article

       8(1), and unless the conditions of Article 12(3) apply;

     - the advertising rules as set out In Articles 9 to 16 of Directive
       77/62/EEC In the case of supply contracts, when the value of the

       contract exceeds the thresholds fixed in Article 5(1) (a) and

       unless the conditions of Article 6(4) of that Directive apply;

     - the advertising rules as set out in Articles 12 to 19 of
       Directives 71/305/EEC In the case of works contracts, when the

       value of the contract exceeds the thresholds fixed In Article 4a

       and unless the conditions of Article 5(3) of that Directive apply.

     Undertakings which have formed a group in order to obtain the
     concession, or undertakings affiliated to them, shall not be regarded
     as third parties within the meaning of paragraph 4 under the
     conditions specified in Article 1b(4) of Directive 71/305/EEC.

                      Article 5

  1. This Directive shall apply to service contracts awarded by
     authorities In the field of defence, except for contracts to which the
     provisions of Article 223 of the Treaty apply.

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

                      Article 6

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

  (a) pursuant to an International agreement concluded between a Member
     State and one or more non-member countries and covering services
     intended for the joint implementation or exploitation of a project by
     the signatory States; every agreement shall be communicated to the
     Commission, which may consult the Advisory Committee for Public
     Contracts set up by Council Decision 71/306/EEC [(8)] ;

  (b) to undertakings in a Member State or a non-member country in pursuance
     of an international agreement relating to the stationing of troops;

  (c) pursuant to the particular procedure of an international organisation.

(8) 0J No L 185, 16.8.1971. p. 15

```

```
                        - 21 
                       Article 7

 The provisions of this Directive shall not apply to the award of public service
 contracts which authorities have to award to an entity which is Itself a
 contracting authority within the meaning of Article K b ) pursuant to an
 exclusive right established by a published law, regulation or administrative
 provision which is compatible with the Treaty.

                       Article 8

 1. The provisions of this Directive shall apply to service contracts whose
     estimated value net of VAT Is not less than ECU 200.000 or, in the case

     of the contracting authorities Included In Annex I to Council
     Directive 80/767/EEClM), ECU 130.000.

 2. For the purposes of calculating the estimated value of the contract, the
     authority shall Include the estimated total remuneration of the service
     provider, taking account of the provisions of paragraphs 3 to 8.

 3. The selection of the valuation method shall not be used with the

     intention of avoiding the application of this Directive, nor shall any
     procurement requirement for a given amount of services be split up with
     the intention of avoiding the application of this Article.

 4. In assessing the estimated contract value for the following types of
     services account shall be taken of, where appropriate:

     - as regards Insurance services, the premium payable-,

     - as regards banking and other financial services, fees, commissions
       and Interests as well as other types of remuneration;

     - as regards contracts which Involve design, the fee or commission
       payable.

 Where the services are subdivided into several lots, each one the subject of a
 contract, the value of each lot must be taken into account for the purpose of
 calculating the amount referred to above. Where the value of the lots is not
 less than the amount referred to above, the provisions of this Directive shall
 apply to all lots. Authorities shall be permitted to depart from the provisions
 of paragraph 1 for lots which have an estimated value net of VAT of less than
 ECU 80.000, provided that the total estimated value of all the lots exempted
 does not, in consequence, exceed 20% of the total estimated value of all lots.

 5. In the case of contracts which do not specify a total price, the basis
     for calculating the estimated contract value shall be:

       in the case of fixed term contracts, the total contract value for its
       durât Ion;

       in the case of the contracts for an indefinite period or in cases
       where there is doubt as to the duration of the contracts, the monthly
       instalment multiplied by 48.

(9) 0J No L 215. 18.8.1980. p. 1

```

```
                     - 22 
6. In the case of regular contracts or of contracts which are to be
   renewed within a given time, the contract value may be established on
   the basis of:

   - either the aggregate cost of similar contracts for the same
     categories of services awarded over the previous fiscal year or
     12 months, adjusted, where possible, for anticipated changes in
     quantity or value over the subsequent 12 months-,

   - or the estimated aggregate cost during the 12 months following

     first performance or during the term of the contract, where this is

     greater than 12 months.

7. In cases where a proposed contract specifies option clauses, the basis
   for calculating the contract value shall be the highest possible total
   inclusive of the option clauses.

8. The value of the thresholds In national currencies shall be revised

   every two years with effect from 1 January 1994. The calculation of

   these values shall be based on the average dally values of these
   currencies In terms of the ecu over the 24 months terminating on the
   last day of October immediately preceding the 1 January revision. The
   values shall be published In the Official Journal of the European
   Communities at the beginning of November.

   The method of calculation referred to In the preceding subparagraph
   shall be examined, on the Commission's Initiative, within the Advisory
   Committee for Public Contracts In principle two years after its
   initial applicat ion.

```

```
                      - 23 
                     TITLE 1 1

                  Two-tier application

                     Article 9

Contracts which have as their object services listed In Annex IA shall be

awarded in accordance with the provisions of Titles III to VI.

                     Article 10

Contracts which have as their object services listed in Annex IB shall be

awarded in accordance with Articles 16 and 18.

                     Article 11

Contracts which have as their object services listed In both Annexes IA and IB

shall be awarded in accordance with the provisions of Titles III to VI where

the value of the services listed in Annex IA Is greater than the value of the

services listed In Annex IB. Where this is not the case, they shall be awarded

in accordance with Articles 16 and 18.

                     TITLE III

       Choice of award procedures; and rules on design contests

                     Article 12

     In awarding public service contracts the authorities shall apply the
    procedures defined In Article 1 (d), (e) and (f), adapted to this

    Direct ive.

    The authorities may award their public service contracts by negotiated
    procedure, with prior publication of a tender notice in the following

    cases:

     (a) in the event of irregular tenders in response to an open or
        restricted procedure or in the event of tenders which are
        unacceptable under national provisions that are in accordance with
        the provisions of Articles 19 to 24, Insofar as the original
        terms of the contract are not substantially altered. The authority
        need not publish a tender notice where it includes in such
        negotiated procedure all the tenderers satisfying the criteria of
        Articles 25 to 31 which, during the prior open or restricted
        procedure, have submitted tenders in accordance with the formal
        requirements of the tendering procedure;

     (b) in exceptional cases, when the nature of the services or the risks
        attaching thereto do not permit overall pricing-,

```

```
(4)

```

```
                       - 24 
   (c) when the nature of the services to be procured, in particular In
       the case of Intellectual services and services falling within
      category 6 of Annex IA, Is such that contract specifications
       cannot be established with sufficient precision to permit the
      award of the contract by selecting the best tender according to
       the rules governing open or restricted procedures.

3. The authorities may award public service contracts by negotiated
   procedure without prior publication of a tender notice, in the
   fol lowing cases:

   (a) in the absence of tenders or of appropriate tenders in response
       to an open or restricted procedure Insofar as the original terms
      of the contract are not substantially altered and provided that
       a report is communicated to the Commission at its request;

   (b) when, for technical or artistic reasons, or for reasons
       connected with the protection of exclusive rights, the services
       may only be provided by a particular service provider.

   (c) when the contract concerned is part of the follow-up to a design
       contest and must, according to the relevant national rules, be
       awarded to one of the winners of that contest provided that al 1
       the winners are Included In the procedure;

   (d) Insofar as Is strictly necessary when, for reasons of extreme
       urgency brought about by events unforeseeable by the
       authorities In question, the time-limit for the open, restricted
       or negotiated procedures referred to in Article 18 cannot be
       kept. The circumstances Invoked to Justify extreme urgency must
       not in any event be attributable to the authorities;

   (e) for additional services not Included in the project initially
       considered or In the contract first concluded but which have,
       through unforeseen circumstances, become necessary for the
       carrying out of the service described therein, on condition that
       the award is made to the service provider carrying out such
       service;

       - when such services cannot be technically or economically
        separated from the main contract without great inconvenience
         to the author it les;

       - or when such services, although separable from the execution
        of the original contract, are strictly necessary for Its
         later stages.

       However, the aggregate estimated value of contracts awarded for
       additional services may not exceed 50% of the amount of the main
       contract ;

```

```
                      - 25 
   (f) for new services consisting of the repetition of similar
      services entrusted to the service provider to which the same
      authorities awarded an earlier contract, provided that such
      services conform to a basic project for which a first contract
      was awarded according to the procedures referred to In paragraph
      4. As soon as the first project Is put up for tender, notice
      must be given that this procedure might be adopted and the total
      estimated cost of subsequent services shall be taken Into
      consideration by the authorities when they apply the provisions
      of Article 8. This procedure may be applied solely during the
      three years following the conclusion of the original contract.

4. In all other cases, the authorities shall award their public service
   contracts by the open procedure or by the restricted procedure.

                   Article 13

1. The authority shall, within 15 days of the date on which the request
   is received, Inform any eliminated candidate or tenderer who so
   requests in writing of the reasons for rejection of his application or
   his tender, and, In the case of a tender, the name of the successful

   tenderer.

2. The authority shall inform candidates or tenderers who so request In
   writing of the grounds on which it decided not to award a contract In
   respect of which a prior call for competition was made, or to
   recommence the procedure. It shall also Inform the Office for
   Official Publications of the European Communities of that decision.

3. For each contract awarded the authorities shall draw up a written
   report which shall Include at least the following:

     its name and address, the subject and value of the contract;

   - the names of the candidates or tenderers admitted and the reasons

     for their selection;

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

   - the name of the successful tenderer and the reasons for his tender

     having been selected and, if known, any share of the contract the
     successful tenderer may intend to subcontract to a third party;

   - for negotiated procedures, the circumstances referred to In Article
     12 which justify the use of these procedures.

   This report, or the main features of it, shall be communicated to the
   Commission at its request.

```

```
                     26 
                 Article 14

Design contests shall be subject to the rules set out below. When
design contests are held as a separate procedure, these rules are
applicable only when the total amount of contest prizes and payments
to participants is not less than ECU 200 000.

The admission of participants to design contests shall not be limited
by reference to the territory or part of the territory of a Member

State.

In the case of design contests with a limited number of participants,

authorities shall apply the rules laid down in Article 23.

The jury shall be composed only of persons who have no financial
connections or special relationships with participants in the contest.
Whenever a particular professional qualification is required from
participants in a contest, the majority of the jury members shall have
the same qualifications.

The Jury shall be autonomous in Its decisions. It shall take its
decisions based on projects presented In an anonymous way, and solely

on the grounds of the criteria Indicated in the invitation for
projects in the sense of Annex IV.

Member States may oblige authorities to award subsequent contracts to
one of the winners of a design contest.

      TITLE iV - Common rules In the technical field

                 Article 15

The technical specifications defined in Annex II shall be given in
the general documents or the contractual documents relating to each

contract.

Without prejudice to the legally binding national technical rules and
insofar as these are compatible with Community law, such technical
specifications shall be defined by the authorities by reference to
national standards implementing European standards or by reference to
European technical approvals or by reference to common technical
specif I cat Ions.

An authority may depart from paragraph 2 if:

a) the standards, European technical approvals or common technical
  specifications do not include any provisions for establishing
  conformity, or technical means do not exist for establishing
  satisfactorily the conformity of a product to these standards,
  European technical approvals or common technical specifications;

```

```
                         - 27 
     b) the application of paragraph 2 would prejudice the application of
       Council Directive 86/361/EEC of 24 July 1986 on the initial stage
       of the mutual recognition of type approval for telecommunications
       terminal equipment^ [10] ), or Council Decision 87/95/EEC of 22

       December 1986 on standardisation In the field of Information
       technology and telecommunlcations^ [11] ) or other Community
       Instruments in specific service or product areas;

     c) use of these standards, European technical approvals or common
       technical specifications would oblige the authority to acquire
       products or materials incompatible with equipment already in use or
       would entail disproportionate costs or disproportionate technical
       difficulties, but only as part of a clearly defined and recorded
       strategy with a view to change-over, within a given period, to
       European standards, European technical approvals or common
       technical specifications;

     d) the project concerned Is of a genuinely innovative nature for which

       use of existing European standards, European technical approvals or

       common technical specifications would not be appropriate.

  4. Authorities invoking paragraph 3 shall record, wherever possible, the
     reasons for doing so in the tender notice published In the Official
     Journal of the European Communities or in the contract documents and

     in all cases shall record these reasons in their Internal

     documentation and shall supply such information on request to Member

     States and to the Commission.

  5. In the absence of European standards or European technical approvals
     or common technical specifications, the technical specifications:

     (a) shall be defined by reference to the national technical
        specifications recognised as complying with the basic
         requirements listed In the Community directives on technical
         harmonisation, In accordance with the procedures laid down In
         those directives, and In particular In accordance with the
         procedures laid down In Council Directive 89/106/EEC( [12] );

     (b) may be defined by reference to national technical specifications
         relating to design and method of calculation and execution of

         works and use of materials;

     (c) may be defined by reference to other documents.

         In this case, it Is appropriate to make reference in order of
         preference to:

          (I) national standards Implementing international standards
            accepted by the country of the authority-,

(10) OJ No L 217. 5.8.1986. p. 21
(11) OJ No L 36. 7.2.1987. p.31
(12) OJ No L 40. 11.2.1989. p. 12

```

```
                    - 28 
    (il) other national standards and national technical approvals
       of the country of the authority;

    (ill) any other standard.

Unless it is Justified by the subject of the contract, Member States
shall prohibit the introduction into the contractual clauses relating
to a given contract of technical specifications which mention products
of a specific make or source or of a particular process and which
therefore favour or eliminate certain undertakings. In particular,
the Indication of trade marks, patents, types, or of specific origin
or production shall be prohibited. However, If such indication is
accompanied by the words "or equivalent", it shall be authorised in
cases where the authorities are unable to give a description of the
subject of the contract using specifications which are sufficiently
precise and intelligible to all parties concerned.

```

```
                         - 29 
                    TiTLE V

               Common Advertising rules

                   Article 16

1. Authorities shall make known, by means of an Indicative notice to be
   published as soon as possible after the beginning of their budgetary
   year, the Intended total procurement In each of the service categories
   listed In Annex IA which they envisage awarding during the coming 12
   months where the total estimated value, taking account of the
   provisions of Article 8, is equal to or greater than ECU 750 000.

2. Authorities who wish to award a public service contract by open,
   restricted or, under the conditions laid down In Article 12,
   negotiated procedure, shall make known their intention by means of a
   not ice.

3. Authorities who wish to award a public service concession shall make
   known their intention by means of a notice.

4. Authorities who wish to carry out a design contest shall make known
   their intention by means of a notice.

                   Article 17

1. Authorities who have awarded a contract or a public service
   concession, or which have held a design contest shall send a notice
   of the results of the award procedure to the Office for Official
   Publication of the European Communities.

2. In cases of public service contracts for services listed in Annex IA,
   public service concessions and design contests, the notice shall be
   published In accordance with the provisions referred to in Article 18.

3. In the case of public service contracts for services listed In Annex
   IB, the authorities shall indicate In the notice whether they agree on
   Its publ(cat ion.

4. The Commission shall draw up the rules for establishing regular
   reports on the basis of the notices referred to in paragraph 3, and
   for the publication of such reports in accordance with the procedure
   laid down in Article 36(3).

5. Insofar as release of information on the contract award would Impede
   law enforcement or otherwise be contrary to the public interest or
   would prejudice the legitimate commercial Interests of a particular
   enterprise, public or private, or might prejudice fair competition
   between service providers, such Information may not be published.

```

```
                  - 30 
                 Article 18

The notices shall be drawn up In accordance with the models set out In
Annexes III, IV and V, and shall specify the Information requested In
those models. The authorities may not require any conditions but
those specified In Articles 27 and 28 when requesting information
concerning the economic and technical standards which they require of
service providers for their selection (Point 13 of Annex 1 M B, point
12 of Annex I M C, and point 11 of Annex III D ) .

The following provisions of Directive 71/305/EEC shall apply:

 (I) Article 12(6) and (8) to (13) concerning publication of notices;

 (II) Articles 13 to 15 concerning minimum tlme-llmlts for the phases

    of award procedures and communications between authorities and

    candidates;

(III) Articles 15a and 15b concerning minimum time-limits for the
    award of public service concessions and contracts to be awarded
    by concessionnaires;

 (iv) Article 19 concerning voluntary publication of notices in the

    Official Journal of the European Communities.

The conditions for the establishment, transmission, reception,

translation, accumulation and distribution of the notices referred to

in paragraphs 1 and 2 and in Articles 16 and 17, and of the
statistical reports provided for In Articles 17(4) and 35 and the
reference in the notices to particular CPC positions within the
categories of services listed In Annexes IA and IB may be modified in
accordance with the procedure laid down in Article 36(3).

```

```
                     - 31 
                    TITLE VI

                    Chapter 1

              Common rules on participation

                    Article 19

Contracts shall be awarded on the basis of the criteria laid down in

Chapter 3, taking into account Article 20, after the suitability of the
service providers not excluded under Article 25 has been checked by the

authorities in accordance with the criteria referred to In Articles 27 and

28.

                    Article 20

1. Where the criterion for the award of the contract Is that of the

   economically most advantageous tender, authorities may take account
   of variants which are submitted by a tenderer and meet the minimum
   specifications required by the authorities. The author It les shal I
   state in the contract documents the minimum specifications to be
   respected by the variants and any specific requirements for their
   presentation. They shall Indicate In the tender notice whether

   variants will be considered.

   Authorities may not reject the submission of a variant on the sole
   grounds that It has been drawn up with technical specifications
   defined by reference to national standards transposing European
   standards, to European technical approvals or to common technical
   specifications referred to In Article 15(2) or again by reference to
   national technical specifications referred to in Article 15(5) (a) and
   (b).

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

                    Article 21

   In the contract documents, the authority may ask the tenderer to
   indicate in his tender any share of the contract he may intend to sub   contract to third parties.

   This indication shall be without prejudice to the question of the
   principal service provider's liability.

```

```
                     - 32 
                    Article 22

1. Tenders may be submitted by groups of service providers. These groups
   may not be required to assume a specific legal form In order to submit
   the tender; however, the group selected may be required to do so when

   It has been awarded the contract.

2. Candidates or tenderers, who under the law of the Member State In

   which they are established, are entitled to carry out the relevant
   service activity, shall not be rejected on the sole grounds that,
   under the law of the Member State In which the contract Is awarded,

   they would have been required to be either a natural or a legal

   person.

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

                    Article 23

1. In restricted and negotiated procedures the authorities shall, on the
   basis of information given relating to the service provider's position
   as well as to the information and formalities necessary for the

   evaluation of the minimum conditions of an economic and technical

   nature to be fulfilled by him, select from among the candidates with
   the qualifications required by Article 25 to 31 those whom they will
   invite to submit a tender or to negotiate.

2. Where the authorities award a contract by restricted procedure, they
   may prescribe the range within which the number of providers of
   services which they Intend to invite will fall. In this case the
   range shall be indicated In the contract notice. The range shall be
   determined in the light of the nature of the service to be provided.
   The range must number at least five service providers and may be up to

   twenty.

   In any event, the number of candidates invited to tender shall be
   sufficient to ensure genuine competition.

3. Where the authorities award a contract by negotiated procedure as
   referred to In Article 12, the number of candidates admitted to

   negotiate may not be less than three, provided that there is a

   sufficient number of suitable candidates.

4. Each Member State shall ensure that authorities issue invitations

   without discrimination to those nationals of other Member States who

   satisfy the necessary requirements and under the same conditions as to

   its own nat ionais.

```

```
                     - 33 
                    Article 24

   The authority may state In the contract documents, or be obliged by a
   Member State to do so, the authority or authorities from which a
   candidate may obtain the appropriate information on the obligations
   relating to the employment protection provisions and the working
   conditions which are In force In the Member State, region or locality
   In which the services are to be performed and which shall be
   applicable to the services provided on site during the performance of

   the contract.

   The authority which supplies the Information referred to In paragraph
   1 shall request the tenderers or those participating in the contract
   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 service is to be carried out. This shall be without

   prejudice to the application of the provisions of Article 33
   concerning the examination of abnormally low tenders.

                    CHAPTER 2

            Criteria for qualitative selection

                    Article 25

Any service provider may be excluded from participation In the contract

who:

(a) is bankrupt or Is being wound up, whose affairs are being administered
   by the court, who has entered into an arrangement w[th creditors, who
   has suspended business activities or who is In any analogous situation
   arising from a similar procedure under national laws and regulations;

(b) is the subject of proceedings for a declaration of bankruptcy, for an
   order for compulsory winding up or administration by the court or for
   an arrangement with creditors or of any other similar proceedings
   under national laws or regulations-,

(c) has been convicted of an offence concerning his professional conduct
   by a Judgement which has the force of res Judicata;

(d) who has been guilty of grave professional misconduct proven by any
   means which the authorities can Justify-,

(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
   author ity;

(f) has not fulfilled obligations relating to the payment of taxes In
   accordance with the legal provisions of the country of the authority;

(g) is guilty of serious misrepresentation In supplying or failing to
   supply the information that may be required under this chapter.

```

```
                     - 34 
Where the authority requires of the service provider proof that none of the
cases quoted in (a), (b), (c), (e), or (f) appiles to him; It shall accept
as sufficient evidence:

   for (a), (b), or (c), the production of an extract from the 'judicial

   record' or, failing this, of an equivalent document Issued by a

   competent judicial or administrative authority in the country of

   origin or In the country whence that person comes showing that these

   requirements have been met,

   for (e) or (f), a certificate Issued by the competent authority in

   the Member State concerned.

Where the country concerned does not issue such documents or certificates,
they may be replaced by a declaration on oath made by the person concerned
before a 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.

Member states shall, within the time-limit referred to in Article 40,

designate the authorities and bodies competent to issue these documents and

shall forthwith inform the other Member States and the Commission thereof.

                    Article 26

1. Insofar as candidates for a public contract have to possess a
   particular authorisation or to be members of a particular organisation
   in their home country in order to be able to perform the service
   concerned, the authority may require them to prove that authorisation
   or membership.

2. Any candidate or tenderer may be requested to prove his enrollment, as
   prescribed in his country of establishment, In one of the professional
   or trade registers or to provide a declaration or certificate as
   described in paragraph 3 below.

3. The relevant professional and trade registers or declarations or

   cert IfIcates are:

     in Belgium, the "registre du commerce - Handelsreglster" ;

     in Denmark, the "Erhvervs- og Selskabsstyrelsen", (the "Aktiesel     skabsregistret"; "Forenings-Registret", or "Handelsregistret") ;

     in Germany, the "Handelsregister" and the "Handwerksrolle";

     in Greece, a declaration on the exercise of the profession
     concerned made on oath before a notary may be required;

   - in Spain, the "Registro Oficial de Contratlstas del Minlsterio de
     Industrla y Energla" ;

     in France, the "registre du commerce", and the "répertoire des
     metlers";

```

```
                     - 35 
   - In Italy, the "Reglstro della Camera dl commerclo, Industrla,
     agricoltura e artigianato" or the "Reglstro del le commlsslonl
     provincial I per l'art Igianato" -,

   - In Luxembourg, the "registre aux firmes" and the "rôle de la
     Chambre des métiers";

   - in The Netherlands, the "Handelsregister";

   - in Portugal, the "Commlssâo de Alvarâs de Empresas de Obras
     Pûbllcas e PartIculares" (CAEOPP) or the "Reglstro naclonal das

     Pessoas Colectivas";

   - in the United Kingdom and Ireland, the service provider may be

     requested to provide a certificate from the "Registrar of

     Companies" or 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.

                    Article 27

1. Proof of the service provider's financial and economic standing may,

   as a general rule, be furnished by one or more of the following

   references:

   (a) appropriate statements from banks or evidence of relevant

       professional risk Indemnity Insurance,

   (b) the presentation of the service provider's balance sheets or
       extracts therefrom, where publication of the balance sheets Is
       required under company law in the country in which the service
       provider is established,

   (c) a statement of the undertaking's overall turnover and Its
       turnover In respect of the services to which the contract
       relates for the three previous financial years.

2. The authorities shall specify in the notice or In the Invitation to
   tender which reference or references they have chosen and which
   references other than those mentioned under paragraph 1 are to be
   produced.

3. If, for any valid reason, the service provider is unable to provide

   the references requested by the authority, he may prove his economic

   and financial standing by any other document which the authority

   considers appropriate.

                    Article 28

1. The ability of service providers to perform services may be evaluated
   In particular with regard to their skills, efficiency, experience and
   reliablIity.

2. Evidence of the service provider's technical capability may be
   furnished by one or more of the following means according to the
   nature, quantity and purpose of the services to be provided:

```

```
                     - 36 
   (a) the service provider's educational and professional
      qualifications and/or those of the firm's managerial staff, and
       in particular, those of the person or persons responsible for
      performing the services;

   (b) a list of the principal services provided In the past three
       years, with the sums, dates and recipients, public or private,
      of the services performed;

       * where provided to authorities, evidence to be In the form of
        certificates Issued or countersigned by the competent
        author ity;

       * where provided to private purchasers, delivery to be
        certified by the purchaser or, failing this, simply declared
        by the service provider to have been effected;

   (c) indication of the technicians or technical bodies involved,

       whether or not belonging directly to the service provider,
       especially those responsible for quailty control ;

   (d) a statement of the service provider's average annual manpower

       and the number of managerial staff for the last three years;

   (e) a statement of the tool, plant or technical equipment available

       to the service provider for carrying out the services;

   (f) a description of the service provider's measures for ensuring
       quality, and his study and research facilities;

   (g) where the services to be provided are complex or, exceptionally,
       are required for a special purpose, a check carried out by the
       authority or on its behalf by a competent official body of the
       country In which the service provider Is established, subject to
       that body's agreement, on the technical capacities of the
       service provider and, If necessary, on his study and research
       facilities and quality control measures;

   (h) indication of the share of the contract which the service

       provider may intend to sub-contract;

3. The authority shall specify, in the notice or in the Invitation to

   tender, which references It wishes to receive.

4. The extent of the Information referred to In Article 27 and paragraphs
   1 to 3 of this Article must be confined to the subject of the
   contract. Authorities shall take Into consideration the legitimate
   Interests of the service providers as regards the protection of their

   technical or trade-related secrets.

                    Article 29

Should authorities require the production of certificates drawn up by

independent bodies for attesting conformity of the provider of services to

certain quality assurance standards, they shalI refer to quaMty assurance
systems based on the relevant EN 29000 European standards series certified

```

```
                     - 37

by bodies conforming to the EN 45000 European Standards series.
Authorities shall recognise equivalent certificates from bodies
established in other Member States. They shall also accept other evidence
of equivalent quality assurance measures from service providers who have
no access to such certificates, or no possibility of obtaining them within

the relevant time limits.

                    Article 30

Within the limits of Articles 25 to 28, the authority may Invite the
service providers to supplement the certificates and documents submitted or
to clar ify them.

                    Article 31

1. Member States who have official lists of recognised service providers
   must adapt them to the provisions of Articles 25(a) to (d) and (g) and

   of Articles 26 to 28.

2. Service providers registered in these lists may, for each contract,
   submit to the authority a certificate of registration issued by the
   competent authority. This certificate shall state the references
   which enabled them to be registered In the list and the classification
   given in this list.

3. Certified registration in such lists by the competent bodies shall,
   for the authorities of other Member States, constitute a presumption
   of suitability corresponding to the service provider's classification
   only as regards Articles 25(a) to (d) and (g), 26, 27(b) and (c) and

   28(a).

   Information which can be deduced from registration In official lists
   may not be questioned. However, with regard to the payment of social
   security contributions, an additional certificate may be required of
   any registered service provider whenever a contract is offered.

   The authorities of other Member States shall apply the above
   provisions only In favour of service providers who are established In
   the country holding the official list.

4. When registering providers of services from other Member States on
   such a list, no proof or statement can be required In addition to
   those required of national providers of services and, in any case,
   none in addition to those required in Articles 25 to 29.

5. Those Member States that have official lists shall be obliged to
    Inform the other Member States of the address of the body to which
   applications for registration should be sent.

                    CHAPTER 3

            Criteria for the award of contracts

                    Article 32

1. Without prejudice to national law, regulation or administrative
   provision on the remuneration of certain services, the criteria on
   which the authority shall base the award of contracts may be:

```

```
                    - 38 
(a) when the award Is made to the economically most advantageous
    tender, various criteria relating to the contract: for example,
    quality, technical merit, aesthetic and functional
    characteristics, technical assistance and service, delivery
    date, delivery period or period of completion, price, or

(b) the lowest price only.

Where the contract is to be awarded to the economically most
advantageous offer, authorities shall state in the contract documents
or In the tender notice the award criteria which they intend to apply
and, If possible, the intended ranking or weighting which they intend

to use.

                 Article 33

```

```
If, for a given contract, tenders appear to be
relation to the transaction, before it may
authority shall request, In writing, details of

elements of the tender which It considers relevant

those ituent const I tuent elements account of

```

```
to be abnormally low in
reject those tenders the

```

```
authority shall request, In writing, details of the constitutent
elements of the tender which It considers relevant and shal I ver ify
those ituent const I tuent elements taking account of the explanations

received.

```

```
The authority may take Into consideration explanations which are
Justified on objective grounds Including the economy of the service
method, or the technical solutions chosen, or the exceptionally
favourable conditions available to the tenderer for the provision of
the service, or the originality of the service proposed by the

tenderer.

If the documents relating to the contract provide for its award at the
lowest price tendered, the authority must communicate to the
Commission the rejection of tenders which it considers to be too low.

In the case of a tender submitted by a public authority or a public
enterprise, the authority shall In particular enquire whether the
tender is influenced by public funds a-l located for

(a) the setting-off of operating losses;

(b) the provision of capital;

```

`(c)` `non-refundable` `grants,` _or_ `loans on privileged terms;`

```
(d) the granting of financial advantages by foregoing profits or the
    recovery of sums due;

(e) the foregoing of a normal return on public funds used;

(f) compensation for financial burdens Imposed by the public

    author It les.

It shall Inform the Commission if it intends to award a contract to a

tenderer whose tender is influenced by any of these characteristics.

```

```
                     - 39 
3. Authorities may reject tenders which are abnormally low owing to the
   receipt of State aid only if they have consulted the tenderer and If
   the tenderer has not been able to show that the aid In question has
   been notified to the Commission pursuant to Article 93(3) of the
   Treaty or has received the Commission's approval. Authorities which
   reject a tender under these circumstances shall inform the Commission
   thereof.

```

```
                           - 40 
                     TiTLE Vil

                   Final Provisions

                     Article 34

  The calculation of tlme-llmlts shall be made In accordance with Council

  Regulation (EEC, EURATOM) No 1182/71 of 3 June 1971, determining the rules
  applicable to periods, dates and time limits^ [13] ).

                     Article 35

  1. In order to permit assessment of the results of applying the
     Directive, Member States shall forward to the Commission a
     statistical report on the service contracts awarded by authorities by
     31 October 1995 at the latest for the preceding year and there after
     by 31 October of every second year.

   2 - This report shall detail at least the number and value of contracts
     awarded by each authority or category of authority above the
     threshold, subdivided as far as possible by procedure, category of
     service and the nationality of the service provider to whom the
     contract has been awarded, and in the case of negotiated procedures,
     subdivided In accordance with Article 12, listing the number and value
     of the contracts awarded to each Member State and to third countries.

  3. The Commission shall determine the nature of any additional
     statistical information, which is required In accordance with this
     Directive, In accordance with the procedure laid down in Article
     36(3).

                     Article 36

  1. The Commission shall be assisted by the Advisory Committee for Public
     Contracts set up by Decision 71/306/EEC.

  2. As regards procurement of telecommunications services falling within
     category 5 of Annex IA, the Commission shall also be assisted by the
     Advisory Committee on Telecommunications Procurement set up by
     Directive 90/531/EEC.

  3. Where reference Is made to the procedure laid down in this paragraph,
     the representative of the Commission shall submit to the Committee a
     draft of the measures to be taken. The Committee shall deliver its

     opinion on the draft within a time-limit which the chairman may lay
     down according to the urgency of the matter, If necessary by taking a

     vote.

     The opinion shall be recorded in the minutes; in addition, each Member
     State shall have the right to ask to have Its position recorded in the
     minutes.

(13) 0J No L 124, 8.6.1971, p.1

```

```
                    - 41 
   The Commission shall take the utmost account of the opinion delivered
   by the Committee. It shall Inform the Committee of the manner In
   which its opinion has been taken into account.

4. The Committees shall examine, on the initiative of the Commission or
   at the request of a Member State, any question relating to the
   application of this Directive.

                   Article 37

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

2. The Commission shall report to the Council, before 31 December 1992
   and then periodically, on the opening up of public service contracts
   and concessions in third countries and on the state of negotiations
   with these countries on this subject, part icularly in the GATT
   framework.

3. Whenever the Commission establishes, either on the basis of the
   reports referred to in paragraph 2, or on the basis of other
   information, that a third country, as regards the award of public
   service contracts or concessions,

   (a) does not grant Community undertakings effective access
      comparable to that granted by the Community to undertakings from
      that country,
   (b) does not grant Community undertakings national treatment or the
      same competitive opportunities as available to national
      undertakings, or
   (c) grants undertakings from other third countries more favorable
       treatment than Community undertakings,

   the Commission may Initiate negotiations In order to remedy the
   situât Ion.

4. Under the conditions referred to in paragraph 3, the Commission may
   decide, In addition to action taken pursuant to that paragraph, that
   the award of public service contracts or concessions to

   (a) undertakings governed by the law of the third country In
       question,
   (b) undertakings affiliated to the undertakings specified In (a) and
       having their registered office in the Community but having no
       effective and continuous link with the economy of a Member
       State,
   (c) undertakings submitting tenders concerning services originating
       In the third country In question.

```

```
                         - 42 
     may be suspended or restricted during a period to be determined In the
     decision.

     The Commission may decide on the appropriate measures either on Its
     own Initiative or at the request of a Member State, after consulting
     the Member States In accordance with the procedure laid down in
     Article 36(3). Where the Commission Is asked to take action by a
     Member State, it shall take a decision within a maximum period of
     three months of receipt of the request.

     It shall notify the Council and the Member States of the decisions
     taken.

     Any Member State may refer the Commission's decision to the Council
     within a maximum period of four weeks from the date of the decision.
     The Council, acting by qualified majority, may take a different
     decision within a maximum period of three months of such referral.

  5. This Article Is without prejudice to the obligations of the Community
     In relation to non-Member countries.

                     Article 38

  Article 1(1) of Council Directive 89/665/EEC( [14] > is replaced by the
  fol lowing:

  "1. The Member States shall take the measures necessary to ensure that, as
     regards contract award procedures falling within the scope of
     Directives 71/305/EEC, 77/62/EEC, and .../.../EEÇ< [15] >, decisions
     taken by the contracting authorities may be reviewed effectively and,
     in particular, as rapidly as possible in accordance with the
     conditions set out in the following Articles, and, in particular,
     Article 2(7) on the grounds that such decisions have Infringed
     Community law In the field of public procurement or national rules
     implementing that law."

                     Article 39

  Not later than three years after the time limit for compliance with this
  Directive the Commission, acting in close cooperation with the Committees
  referred to In Article 36, shall review the manner In which this Directive
  has operated Including, In particular, the effects of the application of
  the Directive to procurement of services listed In Annex IA and the
  provisions concerning technical standards. It shall evaluate, In
  particular, the prospects for the full application of the Directive to
  procurement of other services listed In Annex IB, and the effects of In  house performance of services on the effective openlng-up of the market In
  this area. It shall make the necessary proposals to adapt the Directive
  accordingly.

(14) 0J No L 395. 30.12.1989. p. 33.
(15) OJ No L

```

```
                       - 43 
                   Article 40

Member States shall implement the laws, regulations and administrative
provisions necessary to comply with this Directive by 1 March 1992. They
shall forthwith Inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference
to this Directive or shall be accompanied by such reference at the time of
their official publication. The procedure for such reference shall be
adopted by Member States.

                   Article 41

Member States shall ensure that the texts of the basic provisions of
domestic law, whether laws, regulations or administrative provisions, which
they adopt to implement this Direct Ive, are communicated to the Commission.

                   Article 42

This Directive is addressed to the Member States.

Done at Brussels For the Council

                                The President

```

```
                         - 44 
                         ANNEX I A

                  Services in the sense of Article

Cat.No.: Subject : CPC Reference No.

1 Maintenance and repair services 6112, 6122, 633. 886

2 : Land transport services, including : 712 (except 71235) 7512
     armoured car services, and courier 87304
     services, except transport of mail

3 : Air transport services of passengers :
     and freight, except transport of
     mail : 73 (except 7321)

4 Transport of mail by land, except :

    : rail, and by air : 71235. 7321

5 Telecommunications services 752*

6 : Financial services : ex 81

      a) Insurance services 812. 814

      b) Banking and investment services**

7 : Computer and related services : 84

8 : R&D services*** : 85

9 : Accounting, auditing and book- :

      keeping services : 862
10 : Market research and public :
      opinion polling services : 864
11 Management consulting services :

      and related services : 865. 866****

```

`12` `: Architectural services;` `~"` _~"_ `~:` `867`
```
      Engineering services and inte- :
      grated engineering services;
      Urban planning and landscape
      architectural services; :

      Related scientific and tech- :

      nical consulting services; :
      Technical testing and analysis
      services

13 : Advertising services : 871 ~~

14 : Building-cleaning services : 874
      and property management services : 82201, 82202

15 : Publishing and printing services :

      on a fee or contract basis : 88442

16 : Sewage and refuse disposal; :

      sanitation and similar services : 94

    except voice telephony, telex, radiotelephony, paging and satellite services
    except activities involving primary government bonds and activities involving public debt
    management

```

```
• *•

**•*

```

```
as defined in the ninth recital

except arbitration and conciliation services

```

```
                         - 45 
                        ANNEX I B

                  Services in the sense of Article 10

Cat.No. Subject : CPC Reference No.

17 : Hotel and restaurant services : 64

18 : Transport services by rail : 711

19 : Water transport services 72

20 : Supporting and auxiliary transport :

```

`: services` `74` _*_ _'_

```
21 : Legal services : 861

22 : Placement and supply services of

    : personnel 872
23 : Investigation and security services
     : (except armoured car services) 873 (except 87304

24 : Education and vocational educational :

     : services : 92

25 : Health and social services 93

26 : Recreational, cultural and sporting :

     : services 96

27 : Other services

```

```
                       - 46 
                         ANNEX II

              DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

For the purpose of this Directive the following terms shall be defined as follows:

1. Technical specifications: the totality of the technical prescriptions contained in
  particular In the tender documents, defining the characteristics required of a work,
  material, product or supply, which permits a work, 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 technical prescriptions shall include levels of quality,
  performance, safety or dimensions, including the requirements applicable to, the material,
  the product or to the supply as regards quality assurance, terminology, symbols, testing
  and test methods, packaging, marking or labelling. They shall also include rules relating
  to design and costing, the test, inspection and acceptances 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.

2. Standard: a technical specification approved by a recognised standardising body for
  repeated and continuous application, compliance with which is in principle not compulsory.

3. European standard: a standard approved by the European Committee for Standardisation (CEN)
  or by the European Committee for Electrotechnlcal Standardisation (Cenelec) as "European
  Standards (EN)" or "Harmonisation documents (HD)" according to the common rules of these
  organisations or by the European Telecommunications Standards Institute (ETSI) as a
  "European Telecommunication Standard" (ETS).

4. European technical approval: a favourable technical assessment of the fitness for use of a
  product, based on fulfillment of the essential requirements for building works, by means of
  the inherent characteristics of the product and the defined conditions of applications and
  use. The European agreement shall be issue by an approval body designated for this purpose
  by the Member State.

5. Common technical specification: a technical specification laid down in accordance with a
  procedure recognised by the Member States to ensure uniform application in all Member
  States which has been published in the Official Journal of the European Communities.

6. Essential requirements: requirements regarding safety, health and certain other aspects in
  the general interest, that the construction works can meet.

```

```
                       - 47 
                         ANNEX III

                     Model controct notices

                     A. Prior Information

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
  authority, and, if different, of the service from which additional information may be
  obtained;

2. Intended total procurement in each of the service categories listed in Annex IA;

3. Estimated date for initiating the award procedures, per category;

4. Other information;

5. Date of dispatch of the notice;

6. Date of receipt of the notice by the Office for Official Publications of the European
  Communities

```

```
                       - 48 
                      B. Open Procedure

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
  authority;

2. Category of service and description;
  CPC reference number;

3. Place of delivery;

4. (a) Indication whether the execution of the service is by law. regulation, or
     administrative provision reserved to a particular profession;

  (b) Reference of the law, regulation or administrative provision;

  (c) Indication whether legal persons should indicate the names and professional
     qualifications of the staff to be responsible for the execution of the service;

5. Indication whether suppliers can tender for a part of the services concerned;

6. Variants

  a) Where opplicable. minimum specifications,

  b) Where applicable. desirable elements;

7. Duration of contract or time limit for completion of the service;

8. (a) Name and address of the service from which the relevant documents may be requested:

  (b) Final date for making such requests:
  (c) Where applicable, the amount and terms of payment of any sum payable for such
     documents;
9. (a) Persons authorised to be present at the opening of tenders:
  (b) Date, time and place of the opening;

10. Where applicable, any deposits and guarantees required.

11. The main terms concerning financing and payment and/or references to the relevant
    provisions.

12. Where applicable, the legal form to be taken by the grouping of suppliers winning the

    contract.

13. Information concerning the suppliers' own position, and information and formalities
    necessary for an appraisal of the minimum economic and technical standards required of
    the supplier.

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

15. Criteria for the award of the contract and their ranking. Criteria other than that of
    the lowest price shall be mentioned if they do not appear in the contract documents.

16. Other information.

17. Date of dispatch of the notice.

18. Date of receipt of the notice by the Office of Official Publications of the European
    Communi t ies.

```

```
                        - 49 
                     C. Restricted Procedure

1. The name, address, telegraphic address, telephone, telex and facsimile number of the
   authority;

2. Category of service and description;
   CPC reference number;

3. Place of delivery;

4. (a) Indication whether the execution of the service is by law. regulation or
      administrative provision reserved to a particular profession:

    (b) Reference of the law, regulation or administrative provision;

    (c) Indication whether legal persons should indicate the names and professional
      qualifications of the staff to be responsible for the execution of the service;

5. Indication of whether the supplier can tender for a part of the services concerned;

6. Envisaged number of suppliers, or range, which will be invited to tender;

7. Variants

    a) Where applicable, minimum specifications.

    b) Where applicable, desirable elements;

8. Duration of contract, or time limit for completion of the service;

9. Where applicable, the legal form to be assumed by the grouping of suppliers winning the
    Acontract;

10. (a) Where applicable, justification for the use of the accelerated procedure,
    (b) Final date for the receipt of requests to participate,
    (c) Address to which they must be sent,
    (d) Language(s) in which they must be drawn up;

11. Final date for the dispatch of invitations to tender;

12. Where applicable, any deposits and guarantees required;

13. Information concerning the supplier's own position, and the information and formalities
    necessary for an appraisal of the minimum economic and technical standards required of
    him;

14. Criteria for the award of the contract and their ranking if these are not stated in the
    invitation to tender;

15. Other information;

16. Date of dispatch of the notice;

17. Date of receipt of the notice by the Office for Official Publications of the European
    Communities.

```

```
                        - 50 
                     D. Negotloted Procedure

1. The name, address, telegraphic address, telephone, telex and facsimile number of the
    authority;

2. Category of service and description;
   CPC reference number;

3. Place of delivery;

4. (a) Indication whether the execution of the service is by law, regulation or
      administrative provision reserved to a particular profession:

    (b) Reference of the law, regulation or administrative provision;

    (c) Indication whether legal persons should indicate the names and professional
      qualifications of the staff to be responsible for the execution of the service;

5. Indication of whether the supplier can tender for a part of the services concerned;

6. Envisaged number of suppliers, or range, which will be invited to tender;

7. Variants

    a) Where applIcable, minimum specifications,

    b) Where applicable, desirable elements;

8. Duration of contract, or time limit for completion of the service;

9. Where applicable, the legal form to be assumed by the grouping of suppliers winning the
    contract;

10. (a) Where applicable, justification for the use of the accelerated procedure.
    (b) Final date for the receipt of requests to participate,
    (c) Address to which they must be sent,
    (d) Language(s) in which they must be drawn up;

11. Where applicable, any deposits and guarantees required;

12. Information concerning the supplier's own position, and the information and formalities
    necessary for an appraisal of the minimum economic and technical standards required of
    him;

13. Where applicable, the names and addresses of suppliers already selected by the awarding
    authority;

14. Other information;

15. Date of dispatch of notice;

16. Date of receipt of the notice by the Office for Official Publications of the European
    Communities;

17. Date(s) of previous publications in the Official Journal of the European Communities.

```

```
                       - 51 
                      E. Controct Awords

1. Name and address of the authority;

2. Award procedure chosen; in case of negotiated procedure without prior publication of a
    tender notice, justification (Article 13(3));
   CPC reference number;

3. Category of service and description;

4. Date of award of contract;

5. Criteria for award of contract;

6. Number of tenders received;

7. Name and address of supplier(s);

8. Price or range of prices (minimum/maximum) paid;

9. Where appropriate, value and proportion of contract likely to be subcontracted to third
    parties;

10. Other information;

11. Date of publication of the tender notice in the Official Journal of the European
    Communities;

12. Date of dispatch of the notice;

13. Date of receipt of the notice by the Office for Official Publications of the European
    Communities;

14. In the case of contracts for services listed in Annex IB, agreement, by the contracting
    authority, on publication of the notice (Article 18(3)).

```

```
                            - 52 
                           ANNEX IV

                       Design Contest Notices

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
    authority and of the service from which the relevant documents may be obtained;

2. Project description;

3. Nature of the contest: open or restricted;

4. In the case of open contests: final date for receipt of projects;

5. In the case of restricted contests:

    a) the envisaged number of participants, or range;

    b) where applicable, names of already selected participants;
    c) the criteria to be applied in the selection of participants;
    d) final date for receipt of requests to participate;

6. Where applicable, indication whether participation is reserved to a particular profession;

7. The criteria to be applied in the evaluation of projects;

8. Where applicable, names of selected members of the jury;

9. Indication whether the decision of the jury is binding for the authority;

10 Where applicable, the number and value of the prizes to be awarded;

11 Where applicable, details on payments to all participants;

12 Indication whether the prize-winners are entitled to be awarded any follow-up contracts;

13 Other information;

14 Date of dispatch of the notice.

15 Date of receipt of the notice by the office for Official Publications of the European
    Communities.

                     B. Results of Design contests

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
    authority;

2. Project description;

3. Total number of participants;

4. Number of foreign participants;

5. Winner(s) of the contest;

6. Where applicable, the prize(s);

7. Other information;

8. Reference of the design contest notice;

9. Date of dispatch of the notice;

10. Date of receipt of the notice by the Office for Official Publications of the European
    Communities.

```

```
                       - 53 
                         ANNEX V

              A. Model Notice on Public Service Concessions

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
  authority;

2. (a) The place of delivery:
  (b) The subject of the concession, nature and extent of the services to be provided:
  (c) Duration of contract;

3. (a) Final date for receipt of candidatures:
  (b) The address to which they must be sent:
  (c) The language or languages in which they must be drawn up;

4. Personal, technical and financial conditions to be fulfilled by the candidates;

5. The criteria for the award of the contract;

6. Where applicable, the minimum percentage of the total value of the concession contract to
  be awarded to third parties;

7. Other information;

8. Date of dispatch of the notice;

                      B. Concession awards

1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
  authority;

2. The subject of the concession, nature and extent of the services to be provided;

3. Date of award of the concession;

4. Number of tenders received;

5. Name and address of the concessionnaire;

6. Other information;

7. Date of publication of the tender notice in the Official Journal of the European
  Communities;

8. Date of dispatch of the notice;

9. Date of receipt of the notice by the Office for Official Publications of the European
  Communities;

```

**ISSN 0254-1475**

### **COM(91) 322 final**

# **DOCUMENTS**

## EN 06 08 Catalogue number : CB-CO-91-363-EN-C ISBN 92-77-75071-5

**Office for Official Publications of** **the** **European Communities**

**1^2985** **Luxembourg**