CELEX: 51987PC0468
Language: en
Date: 1987-10-02
Title: Second alteration of the Proposal for a COUNCIL DIRECTIVE amending Directive 77/62/EEC relating to the coordination of procedures on the award of public supply contracts and deleting certain provisions of Directive 80/767/EE (presented by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 468
Vol. 1987/0239
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
 ONLY THE UNDERLINED PARTS OF                      COM(87 ) 468 final
 THIS DOCUMENT HAVE BEEN
 REVISED
                                                   Brussels , 2 October 1987
                          Second alteration of the
                                  Proposal for a
                                COUNCIL DIRECTIVE
                                   *
amending Directive 77 / 62 / EEC relating to the coordination of procedures
      on the award of public supply contracts and deleting certain
                   provisions of Directive 80 / 767 / EEC
C0MC87 ) 468 final
 ---pagebreak---                                         - 2 -
Explanatory Memorandum
I.  General considérations
    In June 1986 the Commission submitted to the Council a proposal for a
    Directive amending Directive 77/ 62 / EEC relating to the coordination of
    procedures on the award of public supply contracts and deleting certain
                                           1
    provisions of directive 80 / 767/ EEC
    In December 1986 , the renegotiation of the GATT Government Procurement
    Agreement has resulted in a number of modifications which the Community
    has accepted ad referendum . Those points which were not yet covered by the
    Commission proposals of June 1986 were added to these proposals in May
    1987 2 .
    In July 1987 , the European Parliament gave its opinion on these proposals
    and suggested a number , of amendments to them . The Commission accepted
    several of the Parliaments proposals , including in particular
    - the legal basis Article 100 A of the Treaty ;
    - the extension of      the directive     to the currently excluded sectors
      ( transport , water , energy , telecommunications ) insofar as items not
      specific to these sectors are concerned ; and the adoption of special
      rules for ,     or the adaptation of the existing rules to ,        other
      procurements in these sectors by July 1990 ;
    - the definition of the defence area which remains excluded from the
      Directive by reference to Article 223 of the Treaty ;
   COM ( 86 ) 297 final of  19 June 1986
2
   COM ( 87 ) 233 final du 27 May 1987
 ---pagebreak---                                         - 3 -
     - the priority to be given to the open procedure ;
     - the strengthening of reporting requirements and of statistical analysis ;
     - the obligation to use European standards and other harmonized technical
       specifications ;
     - the exclusion from award procedures of suppliers who do not comply with
       statutory provisions relating to employment rights and protection of
       equal opportunities ;
     - the need to establish a general framework for regional preferences by
       the end of 1992 ;
     - the urgency of a Council decision on the Commission proposals          on
       monitoring and ensuring compliance with this directive
     In addition , the Commission has acknowledged Parliament 's intention for
     further limiting the utilisation of the negociated procedure for the
     procurement of research and development related equipment .
     The inclusion of these points in the amendments to Directive 77 / 62 / EEC
     makes it necessary to modify the Commission proposals as explained below .
     For better understanding , this document consolidates the proposals made by
     the Commission in June 1986 and May 1987 along with the above mentioned
     new elements . The new elements are underlined .
II . Analysis of the new proposais
     New Article 2 paragraph 3 of Directive 77 / 62 / EEC
     By way of this Article , the currently excluded sectors will be covered by
     the Community 's procurement rules in two phases . During the first phase ,
     procurements not specific to the sectors will be covered by the Directive .
    COM ( 87 ) 134 final of 1 July 1987
    The numbers of the Articles are the new ones which are the result of the
    two previous Commission proposals and the present one .
 ---pagebreak---                                        4 -
As regards the second phase , dealing with the sector specific procurement ,
the choice is left open between either introducing special rules or
adapting the Directive as necessary .      The deadline for the second phase is
end 1991 .
New Article 3 of Directive 77 / 62 / EEC
The purpose of this provision is to identify more clearly the field of
defence procurement which remains excluded from the Directive . The
existing text of the Directive does not include such a definition . Article
3 refers to the list of military items envisaged by Article 223 of the
Treaty . That list would define the field of implementation of the
Directive for procurements made by defence entities and which have a value
above 200.000 ECUS .     It may be noted that the definition of excluded
military items as applicable to purchases by such entities , where the
value is between the GATT threshold and 200.000 ECUS , would remain
unaffected .
Article 5 of Directive 77 / 62 / EEC
The new paragraph 2 of Article 5 lays down the two conditions under which
authorities may exceptionally use the restricted procedure .
The new paragraph 3 refers to the conditions laid down in Article 7 as
regards the use of the single tender and negotiated procedures .
Paragraph 4 of Article 5 lays down the details of the internal reports
which contracting authorities have to draw up on every contract . These
reports must be made available to the Commission .
Article 7 of Directive 77 / 62 / EEC
Paragraph 2 ( b ) of this Article is made more restrictive so as to prevent
abusively    wide  interpretations     of   the  definition   of  research  and
development related equipment .
 ---pagebreak---                                        - 9 -
• Article 8 of Directive 77 / 62 / EEC
  The new text for paragraph 1 defines the limits within which contracting
  authorities have a choice between different standards by pointing to the
  priority of legally binding technical rules , and to the principles of
  equivalence and mutual recognition of national technical specifications .
  For the field where a choice can be made it lays down the priority to be
  given to European standards and other harmonized technical specifications ,
  and the order of priority for other standards which may be used in the
  absence of European or other harmonized ones .
  Article 20 of Directive 77 / 62 / EEC
  The objective of the new letter ( e ) to be added to paragraph 1 is to
  promote compliance with national rules , insofar as they are mandatory ,
  the objective of which is to eliminate discrimination at work against
  particular groups of society such as women , ethnic minorities and disabled
  persons .
  Article 24 of Directive 77 / 62 / EEC
  Article 24 establishes the basis for a general solution which to the
  question of preference schemes for least favoured regions .    The existing
  national schemes should come to an end not later than end 1992 .
  The proposed text would allow a solution by way of a Community decision in
  the context of reducing disparities between regions and the backwardness
  of the least favoured regions .          It does not in any way limit the
  Commission 's prerogatives in the exercise of its rights to make proposals ,
  and it does not exempt Member States , in the period up to 1992 ,      from
  their obligations to respect the rules of the EC Treaty and of the GATT
  Agreement on public procurement .
 ---pagebreak---                                         - 6 -
   Article 27 of Directive 77 / 62 / EEC
   The statistical reports which the Member States must submit on an annual
   basis shall be broken down , as regards contracts awarded by negotiated
   procedures , according to the specific justification for the use of the
   procedure in each case .
   Article 29 of Directive 77 / 62 / EEC
   The text     requires a Council decision on the Commission proposals on
   monitoring and ensuring compliance with this Directive ^ by July 1988 at
   the latest .
5
  COM ( 87 ) 134 of 1 July 1987
 ---pagebreak---                                         - 7 -
                               Second alteration of the
                                    Proposal for a
                                   COUNCIL DIRECTIVE
 amending Directive 77 /62 / EEC relating to the coordination of procedures on
              the award of public supply contracts and deleting certain
                          provisions of Directive 80 / 767 / EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 100 A thereof ,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas successive European Councils have drawn conclusions concerning the
need to realize a single internal market ;
Whereas the White Paper on the completion of the Internal Market fixes an
action programme and a timetable for the opening of the public supply market ;
                                                                          1
Whereas the report on the application of Council Directives 77/ 62 / EEC       and
              2
80 / 767/ EEC    submitted by the Commission to the Council on 14 December 1984
in reply to the resolution of the Council of 21 December 1976 covered the
application of those Directives and their interpretation ;
Whereas it is necessary to develop the conditions of effective competition in
the public supply markets and the economic budgetary and industrial benefits
which result from it ;
1 OJ No L 13, 15.1.1977, p. 1 .
2 OJ No L 215, 18.8.1980, p. 1 .
 ---pagebreak---                                       - 8 -
Whereas it is necessary to reduce the extent of the sectoral exemption and to
specify a time-limit for introducing a Community discipline for procurement in
these sectors :
Whereas the exclusion of the defence sector from this Directive needs to be
clarified by reference to the provisions of the EEC Treaty ;
Whereas it is necessary to amend these Directives in order to incorporate the
changes in the GATT Government Procurement Agreement agreed in December 1986;
Whereas it is appropriate to lay down the applicable thresholds / including the
GATT related threshold , in one provision ;
Whereas it is necessary through increasing the transparency of the procedures
and practices in awarding public supply contracts to improve and extend the
application of the Directives and better to control the compliance with the
prohibition of restrictions on the free circulation of goods which is the
basis of the Directives ;
Whereas the open procedure best assures the establishment of equality in the
conditions of participation in the public supply market in all the Member
States and thus it is necessary to make the use of this procedure the rule ,
with the use' of other procedures requiring a justification and the
establishment of reports relating to it ;
Whereas in order to limit the use of the single tender procedure it is
appropriate to create a negotiated procedure , which exists already in the
practice of certain Member States and in addition to define the conditions
where extreme urgency can be invoked and the period during which additional
deliveries can be carried out ;
 ---pagebreak---                                      - 9 -
Whereas it is necessary to adapt the common rules in the technical domain to
the new Community policy in respect of standardisation ;
Whereas all the operations and procedures related to the supply activities of
the contracting authorities should be made more transparent ; whereas to this
end it is appropriate that the contracting authorities make known their
purchasing programmes by means of advance information notices at Community
level and that contracting authorities which use non-competitive tendering
should make known their intention by the same means , so permitting other
potential suppliers to establish and show their interest in such purchases and
that all essential information on the conditions under which contracts have
been awarded should also be made public by the same method in order to
stimulate more interest and participation on the part of a greater number of
suppliers at Community level in public supply markets ;
Whereas it is necessary to fix certain time-limits in order to avoid delays in
the transmission of notices on adyance information and awards ;
Whereas it is necessary to extend the time limits for the receipt of requests
for participation and tenders in the framework of public supply markets in
order to improve the     access and   participation by   a greater      number of
suppliers ;
Whereas it is desirable to place national rules aiming at regional development
in a Community context ;
Whereas the Council will , within a fixed period , decide on the Commission
proposal for a Directive on monitoring of and compliance with EC Directi ves on t he
award of public contracts ;
Whereas , in view of the conclusions of the said European Councils , of the
provisions of the White Paper and of the said report , Directive 77 / 62 / EEC
should be amended and certain provisions of Directive 80 / 767 / EEC deleted ,
 ---pagebreak---                                  *9 '9 tfr 10 -
HAS ADOPTED THIS DIRECTIVE :
Title I - Amendments to the Directive 77 / 62 / EEC
Article 1
Directive 77 / 62 / EEC is hereby amended in accordance with this Title .
Article 2
Article 1 ( a ) of the Directive is replaced by the following text :
"( a ) "public supply contracts " shall be contracts for pecuniary interest
concluded in writing involving the purchase, lease , rental or hire purchase ,
with or without option to buy, of products between a supplier (a natural or
legal person ) and one of the contracting authorities defined in ( b ) below . The
delivery of such products may in addition include siting and installation
operations ."
Article 3
Article 2(2 ) of the Directive is replaced by the following text :
" 2 . Save for paragraph 3 , this Directive shall not apply to :
      a ) public supply contracts awarded by common air , land or sea carriers ,
      b)   public supply contracts awarded by contracting authorities whose
          principal activity lies in the production , transport and distribution
          of drinking water or energy , nor to those contracting authorities whose
          principal activity is to offer telecommunications services ."
 ---pagebreak---                                         - 11
Article 4
A new paragraph 3 shall be added after Article 2 paragraph 2 of the Directive :
”3 . In sectors excluded pursuant to paragraph 2 , the procurement of items not
     specific to those sectors shall come within the scope of the directive
     immediately .
     For other procurement in these sectors the Council shall lay down , on a
     proposal from the Commission and after consulting Parliament / rules opening
     up government tender procedures in these sectors fully to intra-Community
     competition ; in the absence of such rules , this Directive shall also
     apply to these sectors no later than 1 July 1990 in a technically-adapted
     form suitable to these sectors ."
Article 2 paragraph 3 shall become Article 2 paragraph 4 .
Article 5
A new Article 3 shall be added to the Directive .
                                     " Article 3
Without prejudice to Article 6(1 ), this Directive shall apply to all
products in the sense of Article 1(a ) including those covered by contracts
awarded by contracting authorities in the field of defence /, except for the
products referred to in Article 223(1 Mb ) of the Treaty ."
Article 6
Article 3 of the Directive becomes Article 4 .
 ---pagebreak---                            - -ν·      ·'·* 12 -
Article 7
Article 4 of the Directive becomes Article 5 . It shall read :
                                    " Article 5
1 . Contracting authorities shall use the open procedure for the award of
    public supply contracts .
    National procedures whereby all interested suppliers can present an offer
    shall be subject to the provisions relating to the open procedures within
    the meaning of this Directive .
2 . In derogation from paragraph 1 contracting authorities may use an award
    procedure whereby only those suppliers invited to do so may submit tenders
 ’ ( restricted procedure ) if :                                   ' > .
    - it would otherwise be impossible to maintain a balance between the value
      of the contracts and procedural costs ;
    - because of the special nature of the goods to be supplied , they can be
      produced only by one producer or a limited number of manufacturers .
    Notwithstanding      paragraph 1 , contracting authorities may , under the
    condition laid down in Article 7 , use an award procedure whereby the award
    of a contract is negotiated with one or several undertakings ( single tender
    or negotiated procedures ).
4 . Contracting authorities shall draw up a written report on every contract
    awarded on the basis of restricted ,          negotiated and single tender
    procedures . When each report is drawn up , they shall ensure that the report
    shows the name and address of the contracting authority ,          the value ,
    quantity and nature of the products purchased and the country of origin ,
    determined by the address of the supplier ;        the number of requests to
    participate received ; the number of candidates invited to present an offer
    and , should the occasion arise , the number of candidates rejected and the
    reasons for their rejection . The report shall also indicate in the case of
    negotiated and single tender procedures the circumstances referred to in
    Article 7 which justify the use of these procedures .
    This report shall be communicated to the Commission on demand ."
 ---pagebreak---                                          - 13-
Article 8
Article 5 of the Directive becomes Article 6 . It shall read :
                                      " Article 6
1 . ( a ) The provisions of Titles II , III and IV and of Article 7, under the
          conditions laid down in Title I and in Article 5 , shall apply to public
          supply contracts
          - awarded under the terms and conditions of Directive 80/ 767 / EEC by
            those contracting authorities listed in Annex I of that Directive and
            whose estimated value net of VAT is not less than ECU 139.000 , except
            those contracts awarded by contracting authorities in the field of
            defence in respect of products not listed in Annex II to that
            Directive .
          - awarded by    those  contracting authorities within       the meaning of
            Article 1 of this Directive and whose estimated value net of VAT is
            not less than ECU 200.000 except those awarded by the contracting
            authorities listed in Annex I to Directive 80 / 767/ EEC ;
          - awarded by contracting authorities in the field of defence in respect
            of those products not listed in Annex II to Directive 80 / 767/ EEC and
            whose estimated value net of VAT is not less than ECU 139.000 .
    ( b ) The Directive shall apply to public supply contracts for which the
          estimated value equals or exceeds the threshold concerned at the time
          of publication of the notice in accordance with Article 10 ( 2 ).
    ( c ) The value of the thresholds in national currencies and the threshold of
          the GATT Agreement in terms of the ECU shall be revised every two years
          with effect from 1 January 1988 . The calculation of these values shall
          be based on the average daily values of these currencies in terms of
          the ECU and of     the ECU   in terms   of the SDR 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 .
 ---pagebreak---                                          - 14 -
    ( d ) The method of calculation laid down in subparagraph ( c ) shall be
          examined , on the Commission 's initiative , by the Advisory Committee for
          Public Contracts , two years after its initial application .
2 . In the case of contracts for the lease ,            rental or hire purchase of
    products , the bases for calculating the estimated contract value shall be :
    - in the case of fixed term contracts , where their term is twelve months or
       less , the calculation should be based on the total contract value for its
       duration , or , where their term exceeds twelve months its total value
       including the estimated residual value ;
               I
    - in the case of 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 .
3 . In the case of regular supply contracts or of contracts which are to be
    renewed within a given time , either the aggregate cost of similar contracts
    concluded 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 delivery or during the term of the contract where this is greater
    than 12 months must be taken as the basis for the application of paragraph
    1.    The selection of the valuation method shall not be used with the intention
    of avoiding the application of this Article .
4 . If a proposed procurement of supplies of the same type may lead to
    contracts being awarded at the same time in separate parts , the estimated
    value of the total sum of these parts must be taken as the basis for the
    application of paragraphs 1 and 2 .
5 . In cases where a proposed procurement specifies option clauses , the basis
    for calculating the estimated contract value shall be the highest possible
    total of the purchase , lease , rental , or hire-purchase permissible ,
    inclusive of the option clauses .
6 . No procurement requirement for a given quantity of supplies may be split up
    with the intention of avoiding the application of this Article ."
 ---pagebreak---                                          - 15-
Article 9
Article 6 of the Directive becomes Article 7 . It shall read :
                                      “ Article 7
1 . The contracting authorities may award their supply contracts by negotiated
    procedure in the absence of tenders or 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 provisions of Title IV , insofar as the original terms for the contract
    are not substantially altered .
2 . The contracting authorities may award their supply contracts by single
    tender in the following cases :
    a ) when , for technical or artistic reasons , or for reasons connected with
         protection of exclusive rights , the goods supplied may be manufactured
         or delivered only by a particular supplier ;
    b ) when the articles involved are manufactured purely for the purpose of
         research , experiment, study or development , this provision not extending
         to quantity production to establish commercial viability or to recover
         research and development costs ;
    c ) in so far as is strictly necessary when ,    for reasons of extreme urgency
         brought about by events unforseeable by the contracting authorities , the
         time limits laid down for the open and restricted procedures cannot be
         kept . The circumstances invoked to justify extreme urgency must not in
         any case be attributable to the contracting authorities .
    d ) for additional deliveries by the original supplier which are intended
         either as a partial replacement of normal supplies or installations or
       . as the extension of existing supplies or installations where a change of
         supplier would oblige the contracting authority to acquire material
         having different techncial characteristics which would result in
         incompatibility or disproportionate technical difficulties in operation
         and maintenance . The length of such contracts as well as that of
         recurrent contracts may not exceed three years .
 ---pagebreak---     e ) when supplies are declared secret or when their delivery must be
         accompanied by special security measures in accordance with the
         provisions laid down by law ,     regulation or administrative action in
         force in the Member State concerned or when the protection of the basic
         interests of that State 's security so requires ;."
Article 10
Article 7 of the Directive becomes Article 8 .        Article 8 paragraph 1 shall
read :
"1 . 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 insofar
      as these are compatible with Community law , such technical specifications
      shall be defined by the contracting authorities by reference to national
      standards implementing European standards , or by reference to common
      technical specifications .
      In the absence of European standards or common technical specifications ,
      the technical specifications may be defined , without prejudice to the
      principles of equivalence and mutual recognition of national technical
      specifications , by reference to other documents . In this case it shall be
      appropriate to make reference in order of preference to :
      1 . national standards implementing international standards accepted in the
          country of the contracting authority ;
      2 . national standards ;
      3 . any other standard ."
 ---pagebreak---                                        - 17 -
Article 7 ( 2 ) of the Directive becomes 8 ( 2 )
Article 11
Article 8 of the Directive becomes Article 9 .
Article 12
Article 9 of the Directive becomes Article 10 .
It shall read :
                                    " Article 10
1 . Contracting authorities shall make known at the beginning of each fiscal
    year , by means of a notice , the supply contracts which they have the
    intention award during the coming twelve months .
2 . Contracting authorities who wish to award a public supply contract by open ,
    restricted , negotiated or single tender procedure shall make known their
    intention by means of a notice .
3 . Contracting authorities who have awarded a contract shall make known the
    result by means of a notice .
4 . The notices referred to in paragraph 1 , 2 and 3 shall be sent as soon as
    possible by the most appropriate channels to the Office for Official
    Publications of the European Communities . In the case of the accelerated
    procedure referred to in Article 13 the notice shall be sent by telex ,
    telegram or telecopier .
    a ) The notice referred to in paragraph 1 shall be sent at the latest on the
        last day of the preceding fiscal year ;
    b ) The notice referred to in paragraph 3 shall be sent at the latest 30
        days after the award of the contract in question .
 ---pagebreak---                                           - 18-
5 . The notices shall be drawn up in accordance with the models given in Annex
       III .
6 . The notices shall be published in full in the Official Journal of the
       European Communities and in the data bank TED in their original language . A
       summary of the important elements of each notice shall be published in the
       other official languages of the Community , the original text alone being
       authentic .
     «
       The Office for Official Publications of the European Communities shall
       publish the notices not later than 12 days after their dispatch . In the
       case of the accelerated procedure referred to in Article 13 this period
       shall be reduced to 5 days .
7 . The notice shall not be published in the Official Journals or the press of
       the country of the contracting authority before the date of its dispatch
       and it shall mention the latter date .    This publication shall not contain
       information other than     that published   in the  Official Journal of the
       European Communities .
8 . The contracting authorities must be able to supply proof of the date of
      dispatch .
9 . The cost of publication of the notices in the Official Journal of the
      European Communities shall be borne by the Communities . The length of    the
      notice shall not be greater than one page of the journal , that is to     say
       approximately 650 words . Each edition of the Official Journal of        the
       European Communities which contains one or more notices shall reproduce  the
      model notice   or notices     on which the published notice or notices are
      based ."
Article 13
Article 10 of the Directive becomes Article 11 .
Article 11 paragraph 1 shall read :
" 1 . In open procedures the time limit from the receipt of tenders fixed by the
        contracting authorities shall not be less than 52 days from the date of
        dispatch of the notice ."
 ---pagebreak---                                             19 -
Article 14
Article 11 of the Directive becomes Article 12 .
Article 12 paragraph ( 1 ), ( 2 ) and ( 3 ) shall read :
" 1.In restricted and negotiated procedures the time-limit for the receipt of
      requests to participate fixed by the contracting authorities shall not be
      less than 37 days from the date of dispatch of the notice .
2 . The contracting authorities shall simultaneously and in writing invite all
      successful candidate to submit their tenders .     The letter  of invitation
      shall be accompagnied by the contract documents and supporting documents .
3 . In restriced procedures the time limit for receipt of offers fixed by the
      contracting authorities may not be less than 40 days from the date of
      dispatch of the written invitation ."
Article 15
Article 12 of the Directive becomes Article 13 .
Article 13 paragraph 1 shall read :
" 1 . Where urgency renders impracticable the time limits referred to in Article
      12 , the contracting authorities may fix the following time limits :
      a ) a time limit for the receipt of requests to participate which shall not
          be less than 15 days from the date of dispatch of the notice ;
      b ) a time limit for the receipt of tenders which shall not be less
          than 10 days from the date of the invitation to tender ."
 ---pagebreak---                                             - 20 -
Article 16
Article 13 , 14 , and 15 of the Directive shall be deleted .
Article 17
Articles 16-18 of the Directive shall become Articles 14-16 .
Article 18
Article 19 of the Directive becomes Article 17 .
Article 17 paragraph 1 shall read :
" 1.In restricted and negotiated procedures the contracting authorities shall ,
     on the basis of information given relating to the supplier 's personal
     position as well as to the information and formalities necessary for the
     evaluation of the minimal conditions of an economic and technical nature to
     be fulfilled by him ,          select from among the candidates with the
     qualifications required by the Articles 18 to 22 those whom they will
     invite to submit a tender or to negotiate ."
Article 19
Article 20 of the Directive becomes Article 18 .              In paragraph 1 , a new letter
( e ) is added :
" e ) does not fulfil obligations relating to employment r ight s and protection
      of eoual opportunities in accordance with the statutory provisions of t he
      country in which he / she is established ."
Letters ( e ), ( f ) and ( g ) become ( f ), ( g ) and ( h ).
 ---pagebreak---                                        - 21 -
Artide 20
Articles 21-25 of the Directive become Articles 19-23 .
Article 21
Article 26 of the Directive becomes Article 24 .
It shall read :
                                   "Article 24
1 . Thi s Directive shall not prevent , until 31 December 1992 , the application
    of existing national provisions which have as their objective the reduction
    of regional disparities and the promotion of job creation in regions whose
    development is lagging behind and in declining industrial regions , on
    condition that the provisions concerned are compatible with the Treaty and
    with the Community 's international obligations .
2 . Paragraph 1 shall be without prejudice to any initiative on the part of the
    Commission , notably in the context of Articles 130 A to E of the Treaty , or
    with a view to prolonging existing national measures in the context of a
    Community policy having the objective specified in that paragraph.”
 ---pagebreak--- Artide 22
Articles 27 and 28 of the Directive become Articles 25 and 26 .
Artide 23
Article 29 of the Directive becomes Article 27 . It shall read :
                                     " Article 27
In order to allow assessment of the results of applying this Directive , Member
States shall communicate to the Commission not later than 30 June each year a
statistical report relating to the contract awards in the preceding calendar
year . This report shall detail at least :
( a ) the number and value of contracts awarded by each contracting       authority
      above and below the threshold ;
( b ) the number and value of contracts awarded by each contracting authority
      above the threshold subdivided by procedure , product and the nationality
      of the supplier to whom the contract has been awarded and , in the case of
      the single tender procedure subdivided on the basis of Article 7(2 ) ( a ) to
      ( e ), listing the number and value of the contracts awarded to each Member
      State and to third countries and in the case of Directive 80 / 767/ EEC , the
      number and value of the contracts awarded to each signatory of the GATT
      Agreement on Government Procurement .
      The Commission shall determine the nature of any additional statistical
      information in consultation with the Advisory Committee for Public
      Contracts ."
 ---pagebreak---                                         - 25 -
Article 24
A new Article 29 shall be added to the Directive :
                                    " Article 29
On the proposal submitted by the Commission and after consulting the European
Parliament , the Council shall lay down not later than 1 July 1988 provisions
for appropriate monitoring and measures to ensure compliance with this
Directive ."
Article 25
Articles 31    nd 32 of the Directive become Articles 30 and 31 .
Article 26
Annexe   II of the Directive shall read :
                                      " ANNEX II
                  DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
Within the meaning of the present directive the following terms shall be
defined as follows :
1 . technical specification :    the totality of the technical prescriptions
    contained in      particular in       the tender   documents defining the
    characteristics required of a product such as the level of quality ,
    performance , security or dimensions including the requirements applicable
    to the product in respect of terminology , symbols , tests and testing
    methods , packaging marking and labelling which permit a material , a product
    or a supply to be described objectively in a manner such that it fulfills
    the use for which it is intended by the contracting authority .
 ---pagebreak--- 2 . standard :    the technical specification approved by the recognized
    standardizing body for repeated and continuous application of which the
    compliance is in principal not compulsory .
3 . European standard :      the standards approved by the European Committee for
    Standardisation    ( CEN ) or by the European Committee for Electrotechnical
    Standardisation ( CENELEC )    as " European Standards ( EN )" or " Harmonisation
    Documents ( HD )" according to the Common Rules of these organisations ;
4 . Common technical specification : the technical specifications drawn up with
    a view to uniform application in all Member States of the Community ."
Article 27
Annex III of Directive 77 / 62 / EEC shall be replaced by the new version attached
to this Directive .
Title II   Deletion of certain provisions of Directive 80 / 767
Article 28
Articles 2 , 3, 4, 5 and 6 of Directive 80 / 767 are deleted .
TITLE III - FINAL PROVISIONS
ARTICLE 29
Member States shall adopt the measures necessary to comply with this Directive
by 1 March 1988 and shall forthwith inform the Commission thereof .
 ---pagebreak---                                       - ?5 -
Artide 30
Member States shall  ensure that the texts of the basic provisions of domestic
law , whether laws , regulations or administrative provisions , which they adopt
to comply with this Directive , are communicated to the Commission .
Article 31
This Directive is addressed to the Member States .
Done at                              For the Counci l
 ---pagebreak---                                            - 26 -
                                          ANNEX III
                              MODEL NOTICES OF SUPPLY CONTRACTS
                                     A. Open procedures
  1.  The name , address , téléphoné , télégraphie , telex , télécopier number of the
      contracting authority :
  2.  The award procedure chosen :
 3.   a ) Place of delivery :
      b ) Nature and quantity of the goods to be supplied :
      c ) Indication whether the suppliers can tender for some and / or all of the
          goods required :
 4.   Time limit for delivery :
 5.   a ) Name and address of the service where 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 :
 6.   a ) Final date for receipt of tenders :
      b ) The address to which they must be sent :
      c ) The language or languages in which they must be drawn up :
 7.   a ) The persons authorized to be present at the opening of tenders :
      b ) The date , hour and place of this opening :
 8.   ( Where applicable ) Any deposits and guarantees required :
                                                             \
 9.   The main terms concerning financing and payment and / or references to the
      provisions regulating these :
10 .  Where applicable , the legal form to be taken by the grouping of suppliers
      winning the contract :
11 .  The information and formalities necesary for an appraisal of the minimum
      economic and technical standards required of the supplier :
12 .  The period during which the tenderer is bound to keep open his tender :
13 .  The criteria for the award of the contract . Criteria other than that of
      the lowest price shall be mentioned if they do not appear in the contract
      documents :
14 .  Other information :
15 .  Date of dispatch of the notice :
16 ..
16    Date of receipt of the notice by the Publications Office :
 ---pagebreak---                                            - et -
                                  B. Restricted procedure
  1.  The name , address , téléphoné , télégraphie , telex and télécopier numbers of
     the awarding authority :
  2. a ) The award procedure chosen :
     b ) Reason for the use of the restricted procedure :
     c ) Where applicable , justification for the use of the accelerated
         procedure :
  3. a ) The place of delivery :
     b ) The nature and quantity of goods to be delivered :
     c ) Whether the supplier can tender for some and / or all of the goods
         requi red :
 4.  Any time limit on delivery :
 5-  Where applicable , the legal form to be assumed by the grouping of
     suppliers winning the contract :
 6.  a ) The final date for the receipt of requests to participate :
     b ) The address to which they must be sent :
     c ) The language or languages in which they must be drawn up :
 7.  The final date for the dispatch of invitations to tender:'
 8.  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 :
 9.  The criteria for the award of the contract if these are not stated in the
     invitation to tender :
10 . Other information :
11 . Date of dispatch of the notice :
12 . Date of receipt of the notice by the Publications Office :
 ---pagebreak---                                             28 -
                                 C. Negotiated Procedure
 1.  Name, address , telephone , telegraphic , telex , telcopier numbers of the
     awarding authority :
 2.  a ) Award procedure chosen :
     b) Where applicable , justification of the use of the accelerated
         procedure :
 3.  a ) The place of delivery :
     b ) The nature and quantity of goods to be delivered:'
     c ) Whether the suppliers can tender for some and / or all of the goods
         requi red :
 4-  Any time limit on delivery :
 5.  Where applicable , the legal form to be assumed by a grouping of suppliers
     winning the contract :
 6.  a ) Final date for the receipt of requests to participate :
     b ) Address to which they must be sent :
     c ) The language(s ) in which they must be drawn up :
 7.  Information concerning the situation of the supplier as well as the
     information and formalities necessary for the evaluation of the minimum
     economic and technical standards to be fulfilled by him :
 8.  Where applicable , the names and addresses of suppliers already selected by
     the awarding authority :
 9.  Date(s ) of previous publications in the Official Journal of The European
     Communities :
10 . Other information :
11 . Date of dispatch of the notice :
12 . Date of receipt of the notice by the Publications Office :
 ---pagebreak---                                              29 -
                              D. Single Tender Procedure
1. Name , address , telephone , telegraphic , telex and telecopier number of the
   awarding authority :
2. a ) Award procedure chosen :
   b > Justification for the use of the single tender procedure :
3. a ) Place of delivery :
   b ) Nature and quantity of goods to be delivered :
4. Name and address of the supplier :
5. Invitation to other potential suppliers to present themselves to the award
   authority :
6. Other information :
7. Date of dispatch of the notice :
8. Date of receipt of the notice by the Publications Office :
                                                                                 ' I
 ---pagebreak---                                         - 30 -
                                  E. Pre-information
1. Name , address , telephone , telegraphic , telex and telecopier number of the
   awarding authority and of the services from which additional information
   may be obtained :
2. Nature and quantity or value of products to be supplied :
3. Estimated date of the engagement of procedures for the award of the
   contract ( s ) :
4. Other information :
5. Date of dispatch of the notice :
6. Date of receipt of the notice by the Publications Office :
 ---pagebreak---                                          - 31
                                  F. Contract awards
  1. Name and address of awarding authority :
  2. Award procedure chosen :
  3. Date of award of contract :
  4. Criteria for award of contract :
 5.  Number of offers received :
 6.  Name and address of supplier ( s ):
 7.  Nature and quantity of goods supplied , where applicable , by supplier :
 8.  Price or range of prices :
 9.  Other information :
10 . Date of publication of the tender notice in the Official Journal of the
     European Communities :
11 . Date of dispatch of the notice :
12 . Date of receipt of the notice by the Publications Office :"