CELEX: 51988PC0354
Language: en
Date: 1988-06-20
Title: Amended proposal for a COUNCIL DIRECTIVE amending Council Directive 71/305/EEC concerning the coordination of procedures for the award of public works contracts (presented by the Commission pursuant to Article 149(3) of the EEC Treaty)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(88 ) 354 final - SYN 71
                                         Brussels , 21 June 1988
                         Amended proposai for a
                            COUNCIL DIRECTIVE
         amending Council Directive 71 / 305 / EEC concerning the
              coordination of procedures for the award of
                         public works contracts
      ( presented by the Commission pursuant to Article 149(3 )
                           of the EEC Treaty )
                                            ίг>
                                              >
                                                            •/
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
I. Introduction
In December 1986 the Commission sent the Council a proposal for a directive
amending Directive 71 / 305 / EEC of 26 July 1971 concerning the coordination of
procedures for the award of public works contracts .^
In May 1988 the Parliament gave its opinion on the proposal in which it
suggested a number of amendments .         The Commission has adopted some of the
suggested amendments , notably the following :
- to change the legal basis to Article 100A of the EEC Treaty which requires
   cooperation with the Parliament ;
- to substitute the term "body governed by public law" for the previous " legal
  person governed by public law" and to include criteria defining the new
  term ;
- to exclude       from the Directive public or private enterprises holding
  concessions     to provide public services or special or exclusive rights
  granted by the state or regional or local authorities ;
- to define more closely what is meant by the financing of public works
  contracts awarded by entities other than the public authorities providing
  the financing ;
 COM ( 86) 679 final , 23 December 1986, and C0M(86)679 final / 2, 12 January 1987.
 ---pagebreak---                                          - 2 -
 - to incorporate in the directive the procedures for the award of " concession
    contracts "  agreed  to by    the Member   States in  the 1971  declaration of
    representatives of the Member States meeting within the Council ;^
 - not to bring conventional public works contracts in the excluded sectors
    within the Directive immediately , but instead to undertake to apply the
    rules of the Directive to these sectors by no later than July 1990 ;
- to formulate more clearly the obligations of contracting authorities to
   explain the reasons for the rejection of a contractor 's application or
   tender if he should so request ;
- to specify more clearly the circumstances in which the negotiated procedure
   may be used ;
- to amend the advertising rules to take account of the incorporation of
   " concession contracts ";
- to replace the provision whereby the period to be allowed for submitting
   bids is doubled if the contracting authority does not announce the tender
   beforehand by one whereby the period is reduced if the authority does so ;
- to    increase   the  scope   for consideration    of variants  proposed by  the
   tenderer ;
- to include a provision making it clear tha *- the principal contractor is
   responsible for the work of subcontractors ;
- to include a provision allowing contracting authorities to take account in
   awarding contracts of attempts to tackle problems of long-term and youth
   unemployment .
 OJ C S2 , 16.8.1971 ,        p. 13 ( English Special Edition , Second Series ,
 January 1974 , IX .     Resolutions of the Council and of the Representatives of
 the Member States , p. 55 ).
 ---pagebreak---                                        - 3 -
- to include a provision to ensure transparency with regard to the conditions
  of employment which contractors will have to observe in the country in which
  the project is to be carried out ;
- to include a provision on preferential treatment of contractors on regional
  policy grounds ;
- to clarify Member States' obligations regarding statistics .
A directive amending Directive 77/ 62/ EEC on the award of public supply
contracts was adopted by the Council on 22 March 1988 . To facilitate a future
consolidation of the two instruments , the amendments introduced by the present
directive need to be aligned on those of the new " Supplies " Directive as far
as the specific features of public works contracts permit .    The provisions on
the following matters have therefore been aligned on the new " Supplies "
Directive :
- the definitions and uses of the various procedures for awarding contracts ;
- technical specifications and standards ;
- advertising rules and time limits in the various procedures ;
- statistics ;
- regional preferences .
In 1987 the Commission stepped up its consultations with the construction
industry,      from which suggestions for technical amendments to
Directive 71 / 305 / EEC emerged . A study of rules and practices for the award
 ---pagebreak---                                       - 4 -
of public works contracts in seven countries of the Community was also
completed in December 1937 .     The results entirely or partly supported the
amendments put forward in the initial Commission proposal .
The amendments of the Parliament which the Commission has accepted ,     the new
Supplies directive , and the points just mentioned mean that the Commissions
original proposal must now be amended .    For the sake of clarity , the text of
the original proposal made in December 1986 is repeated in this amended
proposal , with the new amendments underlined .
 ---pagebreak---                                        - 5 -
II . Analysis of the proposed new amendments
Article 2
The new Article 1(b ) introduces the term "body governed by public law" in
place of the previous " legal person governed by public law" and defines the
term . The substitution and a definition of the substituted term are necessary
to make the application of the Directive more uniform .   The cumulative set of
criteria used in the definition is drawn from the European Court 's case law on
free movement of goods and cross-border provision of services , from other
Community legislation and from the definitions of the concept used in some
Member States .     The reference to a    list of such bodies in the Annex is
reinstated .
The second indent of Article 1(b ) in the original proposal has been deleted .
It was felt that the inclusion of public or private commercial enterprises
within the Directive raised questions of principle which should be answered
not in the general framework of the public works Directive, but in the
specific legislation that is to be drawn up for the excluded sectors .
The new Article 1(d ) brings the definition of "public works concession" from
Article 3(1 ) of the existing Directive into Article 1 .
Paragraphs ( e ) to ( g ) of Article 1 also serve the purpose of bringing the
definitions together within Article 1 .       Here, the various types of award
procedure are defined , leaving Article 5 ( Article 9 of the present proposal )
free to deal with the circumstances in which they may be used .        The same
reorganization of the initial articles of the Directive has been carried out
 ---pagebreak---                                       - 6 -
in the amended Supplies directive .       The transfers clarify the structure
without affecting the substance .
Article 3
The new Article 1a clarifies the originally proposed Article 2a which referred
to " investments ... financed totally or in part ,  directly or indirectly, from
public funds ." The new Article seeks to ensure     that the award of contracts
for projects that are financed from public funds    is as transparent as if the
contracts were awarded directly by a " contracting  authority".
Article 4
This Article inserts a new Article 1c in the Directive to bring within it the
procedures which the Member States agreed ,         in a 1971 declaration of
representatives of the Member States meeting within the Council , to observe in
the award of " concession contracts ".      Because of the increasing economic
importance of this type of contract in the Community , it was felt desirable to
provide for greater transparency .
The wording is largely taken over from the 1971 declaration . It is made clear
that only the Directive 's advertising rules apply to such contracts .
Concession contracts in the excluded sectors are not covered by Article 1c .
 ---pagebreak---                                      - 7 -
Article 5
The deletion of Article 2 of the present Directive is a consequence of the
inclusion of definitions of the different types of award procedure in
Article 1(e ) to ( g ).
Article 6
The amended proposal for a rewording of Article 3(4) and ( 5 ) of the directive
replaces the first two paragraphs of the initial proposal ( Article 4 ).   With
thinking now in favour of special legislation for the excluded sectors , a
distinction between conventional and specialized construction works would not
be operational . It is considered preferable to treat all contracts awarded by
organizations running such services equally .
Article 8
To bring the structure of the amended Works directive into line with that of
the new Supplies directive , Article 7 of Directive 71 /305 has been renumbered
Article 4a .
The original proposal ( Article 8) has been changed to reinstate a single
threshold , which is thought to be more operational from the point of view of
the policing of the rules at both Community and national level .
The separate paragraph 2 in the original proposal has consequently been
deleted .
Paragraph 5 in the original proposal has been aligned on Article 6 of the new
Supplies directive and renumbered paragraph 2 .
 ---pagebreak---                                          - 8 -
 Paragraph 5 of the new Article 4a takes over the provision in Article 8 of the
 present Directive , which is deleted .
 The threshold needs to be set at a level such that the volume of contracts put
 out to tender generates sufficient interest in foreign contracts among
 contractors , that the perverse effects of too high a threshold are avoided
                              *
 ( facilitation of splitting of contracts ), that the contracts put out to tender
are not beyond the capacity of small and medium-sized firms and firms close to
the border , and that national peculiarities are taken into account ( in some
Member States the values of public and private construction contracts tend to
be low ).     The figure of 5 000 000 ECU suggested by the Parliament is thought
to be appropriate .
Article 9
This Article amending Article 5 of the present Directive follows the structure
of Article 6 of the amended Supplies directive but differs from it in the
substantive rules for use of the various procedures , in order to take account
of the specific features of works contracts .     The differences are :
- Authorities     have  a  choice  between   the  open  and  restricted tendering
    procedures ( Article 5(4 ).
- There is provision for a negotiated procedure with prior publication of a
    tender notice , as in Article 9(1 ) of the original proposal .
 ---pagebreak---                                       - 9 -
- The negotiated procedure without prior publication of a tender notice may be
   used for projects classified as secret .      This new Article 5(3 ) ( c ) is an
   addition to the original proposal and is taken from Article 9(e ) of the
   existing Directive .
The new Article 5 deletes paragraph 3 of Article 9 of the original proposal ,
which had aroused fundamental objections and is no longer justified in view of
the proposal of 1 July 1987 for a directive to improve the legal remedies for
infringements .^
Article 10
Paragraphs 1 and 2 of Article 7 of the original proposal have been combined,
following the decision to drop the requirement to provide information about
the characteristics and relative advantages of the successful bid to avoid
harming the interests of the winning contractor .
Subparagraph ( b ) of Article 7(2) of the original proposal is made into a
separate paragraph , paragraph 2 .
The wording of the last subparagraph of paragraph 3 has been aligned on that
in Article 6(6 ) of the new Supplies directive .
Article 11
The deletion of Articles 7, 8 and 9 of the present Directive is a consequence
of the reorganization of the introductory articles .
1 C0M(87) 134 final , 1.7.1987.
 ---pagebreak---                                         - 10 -
 Article 12
 This Article amending Article 10 of the Directive follows Article 7 of the new
 Supplies directive .
 In the context of public works contracts ,     however ,  it was necessary to take
 into  account  the   future  directive   on  construction   materials .  Hence the
 following differences :
-   the provision for reference to European agrements ;
-   the provision for reference to national standards fulfilling the essential
    requirements defined in the construction materials directive in the absence
    of European standards or agrements ( Article 10(5 ) >. The order of precedence
    of different standards in Article 10(1 ) of the original proposal has
    consequently been deleted .
Article 13
Article 11 of the Directive has been amended in the light of the new
provisions on technical specifications in Article 10, but has been included in
the new Article 20a on variants .
Article 14
This Article makes      the  following changes to Article 12 of the original
proposal :
 ---pagebreak---                                      - 11
“ In paragraph 1 the six-months time Limit before putting contracts out to
    tender by which authorities must announce their intention of doing so was
    thought too stringent and inflexible in the context of works contracts .
- Two new paragraphs 3 and 4 are a consequence of the incorporation of
    concession contracts in the Directive .
- Paragraphs 5 ,    6,   10 and 13 have been aligned on the corresponding
   paragraphs of Article 9 of the new " Supplies " directive .
- Paragraph 7 combines paragraphs 1 , 3 and 4 of Article 17 of the original
   proposal . The transfer of these provisions to Article 12 should clarify the
   structure of the advertising rules .
Article 15
The minimum time limit for the receipt of tenders under the open procedure has
been brought into line with that in Article 10 of the new Supplies directive
to facilitate a later consolidation of the legislation .
The originally proposed doubling of the normal time limit where authorities
have not made a prior announcement of the tender ( Article 14(2 ) of the
original proposal ) has been replaced by a one-third reduction in the normal
time limit where the authority has made such an announcement . This should act
as an incentive for authorities to advertise forthcoming contracts in advance .
Paragraph 3 is new, being taken from paragraph 10(3) of the original Supplies
directive 77 / 62 .
 ---pagebreak---                                       - 12 -
 Article 16
 The time Limits in the restricted or negotiated procedure have been aligned on
 those in Article 11 of the new Supplies directive .
 The requirements prescribed in Article 18 of the original proposal have now
 been placed in paragraph 2 for ease of understanding and application of the
 rules .
 The originally proposed doubling of the time limit where the authority has
 failed to give advance notice of the tender ( Article 15(4 ) of the original
proposal ) is again replaced by a one-third reduction in the time limit where
the authority has done so .
Article 17
The time limits in emergencies have been aligned on those in Article 12 of the
new Supplies directive . With the dropping of the requirement for a doubling of
the time limit for the receipt of tenders in open and restricted procedures if
the authority has not given prior notice / paragraph 2 of Article 16 of the
original proposal has been deleted .
Paragraph 3 of the new proposal has been amended to bring it into line with
Article 12(3 ) of the original Supplies directive 77/ 62 .
Articles 18 and 19
These Articles lay down the minimum time limits in tenders for concession
contracts . It should be noted that these are not subject to the rules on the
award of contracts .
 ---pagebreak---                                       - 13 -
 Article 20
 The deletion of Articles 16,    17 and 18 follows from the reorganization of
 Articles 12 and 14 .
Article 22
To maintain conformity with the new Supplies directive, paragraphs 2 and 3 of
Article 20 of the original proposal have been deleted . The text now reproduces
that in the original Directive 71 / 305 ,    except for reference to the new
provisions on variants .
Article 23
This Article proposes a new version of Article 20a on variants . It makes the
original proposal more flexible, leaving it to the contracting authority to
decide whether it will consider variants , what kinds of variants it will
consider and what conditions may be attached to the submission of variants ,
( submission of a basic tender as well as the variant ).
Article 24
On the recommendation of Parliament , a second paragraph has been added to
protect small and medium-sized firms appointed as subcontractors .
Article 25
Paragraph 1 has been amended to align it on Article 19(1 ) of the new Supplies
directive .
 ---pagebreak---                                         14 -
The second subparagraph of paragraph 4 in the original proposal has been
deleted because of the difficulty of defining and precisely identifying who
are "national candidates ".
Article 26
This introduces a new Article 22a into the Directive to take account of the
significant impact of public works programmes on job creation in areas with
high unemployment and youth unemployment in particular . It allows authorities
to take national job creation programmes which the Commission has approved
into account in awarding contracts .
Article 27
This introduces a provision to ensure transparency about the conditions of
employment in force in the Member State in which the work is to be done , in
order both to make sure that contractors are aware of the conditions and to
assure the authority that contractors take them into account in preparing
their bid .
Article 28
This Article contains a rewording of Article 29(4 ) of the Directive to bring
it into line with Article 25(4 ) of the Supplies directive 77 / 62 .
The rewording is made necessary by the inclusion of a new Article 29a on
regional preferences , as recommended by Parliament .
 ---pagebreak---                                        - 15 -
Article 29
This Article drops the proposal for a completely new article on abnormally low
tenders made in Article 24 of the original proposal . However , it amends
Article 29(5 ) of Directive 71 / 305 to lay down the procedure for checking bids ,
to require authorities to consider objectively plausible explanations , and to
oblige them to inform the Commission, and not the Advisory Committee on Public
Works Contracts as provided by the present Article 29(5 ), of the rejection of
bids considered to be too low .
Paragraph 2 in the original proposal has been deleted, as all Member States
have procedures for dealing with cases where there is a large number of
abnormally low tenders .
Article 30
This Article introduces a new provision recommended by the Parliament to allow
Member States to retain arrangements for regional preferences until the end of
1992 . The wording is the same as that in Article 26 of the new Supplies
directive .
Article 31
This introduces a new Article 29b obliging Member States to inform the
Commission of all preferential arrangements falling within the new
Article 29(4). The wording of Article 29b is similar to that of Article 27 of
the original Supplies directive 77/62 .
 ---pagebreak---                                         16 -
 Artiche 32
Paragraphs 2 and 3 of the new Article 3Ca have been aligned on paragraphs 2b
and 3 of Article 29 of the new Supplies directive .
Article 33
This makes provision for the Commission from time to time to amend the list of
" bodies governed by public law " in Annex I in the light of changes in the
situation regarding such bodies in the Member States .
The procedure proposed for amending the Annex is that provided for in
Article 2 of the Council Decision of 13 July 1987 ( OJ L 197 / 33 , 18.7.1987 ).
Annex I
This Annex lists      the " bodies governed by public law " falling within
Article 1(b ) of the  Directive . It was not in the original proposal , but has
been inserted to     bring the Directive into line with the new Supplies
directive . The list is the same as in the Supplies directive .
 ---pagebreak---                                Amended proposal for a
                                   • COUNCIL DIRECTIVE
amending Directive 71 /305/EEC concerning coordination of procedures for the
                                 1
award of public works contracts
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community, and
 in particular Articles 57(2 ), 66 and 100A 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 measures aimed at progressively establishing the
 internal market during the period up to 31 December 1992 need to be taken;
whereas for this purpose the           internal        market must be made into an
area     without internal frontiers   in  which  the  free  movement'   of goods .
persons, services and capital is ensured ;
Having regard to the conclusions drawn by successive meetings of the European
Council about the need to establish such a market ;
Having regard to the White Paper on Completing the Internal Market and in
particular to the timetable and programme laid down therein for the opening up
of the market for public works contracts ;
1 C0M(86) 679 final, 23 December 1986, and C0M(86> 679 final /2, 12 January
  1987 .
 ---pagebreak---  Having regard to the Commission 's communication to the Council of 19 June 1986
 on public procurement in the Community ( C0M(86 ) 375 final );
 Whereas the award of public works contracts is regulated by Council Directive
 71 / 305 / EEC of 26 July 1971 concerning the coordination of procedures for the
 award of public works contracts,7 as amended by Directive 78/669/ EEC of
 2 August 1978^ and Directive 72/277/ EEC concerning the details of publication
of notices of public works contracts and concessions in the Official Journal
of the European Communities , by the declaration of 26 July 1971 of the
 representatives of the governments of the Member States meeting within the
 Council concerning procedures to be followed in the field of public works
 contracts , and by Council Decision 71 / 306 / EEC of 26 July 1971 setting up an
 Advisory Committee for Public Contracts,^ as amended by                     Decision
77/63/ EEC of 1 December 1976; 7
Whereas to guarantee real freedom of establishment and freedom to provide
services in the market for public works contracts it is necessary to improve
and extend the safeguards in the Directives that are designed to introduce
transparency into the procedures and practices for the award of such
contracts , in order to be able to monitor compliance with the prohibition of
restrictions more closely and at the same time to reduce disparities in the
competitive conditions faced by nationals of different Member States ;
Whereas for this purpose it is necessary to define more precisely what is
meant by public works contracts in order to take account of new forms of such
contracts , and to lay down criteria for identifying all the entities
,0J L 185 , 16.8.1971 , p. 5 ( English Special Edition 1971(11 ), p. 682).
TOJ L 225 , 16.8.1978 , p. 41 .
cOJ L 176 , 3.8.1972 , p. 12 ( English Special Edition, 1972(111 ), p. 823 ).
50J C 82, 16.8.1971 , p. 13 ( English Special Edition, Second Series, January
  1974 , IX . Resolutions of the Council and of the Representatives of the Member
. States , p. 55 ).
,0J L 185 , 16.8.1971 , p. 15 ( English Special Edition , 1971(11 ), p. 693 ).
  OJ L 13, 15.1.1987, p. 15 .
 ---pagebreak---                                        - 3 -
subject to the Directive ; whereas it is also necessary to extend the scope of
the Directive to projects that are financed by the State but do not come
within the terms of Article 2 ;
Whereas in view of the increasing importance of concession, contracts in the piMic
works area the procedures to be followed in relation to such contracts should
be brought within the Directive ;
Whereas it is necessary to clarify the scope of the exemptions for certain
sectors , in order that divergences in the application of the Directive due to
divergent interpretations of the exemptions in different Member States do not
increase ;
Whereas the threshold value from which contracts are subject to Directive
71 /305 / EEC was set in 1971 at 1 million ECU; whereas in view of the rise in
the cost of construction work and the interest of small and medium-sized firms
in bidding for medium-sized contracts ,     the threshold should now be set at
5 million ECU;
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 contractors to procedures for the award
of contracts ;
Whereas it is desirable to introduce provision for a negotiated procedure as
already exists in the practice of some Member States , in order to curtail the
use of the exceptional procedure provided for in Article 9 of Directive .
71 /305/EEC;
                                                                               19
 ---pagebreak---                                       - 4 -
Whereas the negotiated procedure should be considered to be exceptional and
 therefore only applicable in certain specified cases ;
Whereas contracting authorities should be required to inform rejected
applicants to bid and bidders of the reasons for rejection of their
application or bid and to draw up a report on the conduct of the proceedings
 leading up to each award ;
Whereas it is necessary to adapt the common rules in the technical field to
the new Community policy on standards ;
Whereas to create the necessary conditions for Community-wide competition for
contracts so that firms from other Member States can bid on comparable terms
to domestic    firms and a greater    level of  interest and participation in
contracts is aroused from a larger number of contractors , all the operations
and procedures involved in the competitive tendering for contracts should be
made more transparent ; whereas contracting authorities should be required to
announce forthcoming public works projects beforehand throughout the
Community , and afterwards to publish throughout the Community details of how
contracts have been awarded ;
Whereas to improve access to contracts and allow a larger number of
contractors to compete and to prepare their bids in time , especially for large
                                                                        e.O
 ---pagebreak---                                        - 5 -
 projects which are generally of considerable technical and organizational
 complexity, the minimum time limits for the receipt of applications to bid and
 tenders should be lengthened ;
 Whereas it is in the general interest to encourage technical advances in the
 construction and public works sector and to facilitate transfers of technology
 and know-how from one Member State to another which benefit not only the
 general public but also the construction industry , and whereas work is under
way in the Community on methods of framing specifications in terms of
performance requirements instead of as detailed technical prescriptions ;
whereas , therefore , contractors in the Community should immediately be given
wider rights to submit variants within certain limits ;
Whereas to increase transparency as to how contractors propose to carry out a
contract ,    tendering procedures must include provision for contracting
authorities to be informed of any part of the contract the tenderer intends to
subcontract to third parties ; whereas principal contractors should be fully
responsible for the performance of subcontracts ;
Whereas account should be taken of the considerable impact public works
projects can have on job creation in parts of the Community suffering from
unemployment rates higher than the Community average ;
Whereas   it  is  advisable  to provide   for greater  transparency  as to the
requi rements regarding conditions of employment applicable in the Member State
in which the works are to be carried out ;
 ---pagebreak---                                          - 6 -
Whereas national provisions for regional development requirements to be taken
 into consideration in the award of public works contracts should be made to
conform to the objectives of the Community ;
Whereas the procedure for verifying abnormally low tenders provided for in
Directive 71 / 305 / EEC should be subject to procedural safeguards to ensure that
contracts are not awarded to the tenderer of an abnormally low tender unless
the price can be shown to be justified by specific features of the tender ;
Whereas requirements should be introduced into Directive 71 / 305 / EEC to improve
and put on to a more systematic basis the statistics about how contracts are
awarded ;
Whereas in accordance with the conclusions of the said meetings of the
European Counci l , Internal Market White Paper and Commission communication to
the Council , Directive 71 / 305 / EEC concerning the coordination of procedures
for the award of public works contracts , as amended by Directive 78 / 669/ EEC ,
should be amended , and Directive 72 / 277 / EEC repealed ,
HAS ADOPTED THIS DIRECTIVE
 ---pagebreak--- ARTICLE 1
Directive 71/305/EEC as amended          by      the Directive 78/669/EEC is
hereby amended in accordance with this Title :
ARTICLE 2
Article 1 of the Directive is replaced by the following :
For the purposes of this Directive :
( a ) "public works contracts " are contracts for pecuniary interest
      concluded in writing between a contractor and a contracting
      authority as defined under ( b ) ,    which have as their object either
      the execution or both the execution and design of works related to
      one of the activities referred to in Annex II or a work defined in
      c ) below , or the procurement by whatever means of a work
      corresponding to the requirements specified by the contracting
      authority ;
(b)   "contracting authorities " shall be the State ,       regional or local
      authorities ,   bodies governed by public law ,     associations formed
      by one or     more  of such authorities or bodies governed by public
      law .
      For the purposes of this Directive ,      a body governed by public law
      means any body :
      -     established for the specific purpose of meeting needs in the
            general interest ,   other than those having an industrial or
            commercial character , and
 ---pagebreak---                                      - 2 -
            having legal personality ,
            and 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
            Dublic law .
            and financed , for the most part , by the State ,   or  regional  or
            local authorities , or other bodies governed by public law .
     Bodies governed by public law are included in Annex I.
(c)  a " work " shall be taken to mean the outcome of building or civil
     engineering works taken as a whole that i3 sufficient of itself to
     fulfil an economic and technical function for 'the user ;
<d)  " public works concession " is a contract of the     saune  type  as   that
     indicated in ( a ) above except for the fact that the consideration
     for the works to be carried out consists          either solely     in  the
     right to exploit the construction or in this right together with
     payment ;
(e)  " open   procedures "  are  those   national   procedures    whereby    all
     interested contractors ma y submit tenders ;
( f) " restricted procedures "     are  those national    procedures whereby
     only those contractors invited by the contracting authority may
     submit tenders ;
(g)  "negotiated procedures "      are  those national    procedures whereby
     contracting authorities consult contractors of their choice and
     negotiate the terms of the contract with them .
(h)  a contractor who submits a tender shall be designated by the term
     " tenderer ";    one who has sought an invitation to take part in a
     restricted and negotiated procedure by the term "candidate " j
                                                                                 г
 ---pagebreak---                                    ~ 3 “
ARTICLE 3
An Article la is herehy added  . to the Directive !
                              "Article 1 a
1.   Member States shall take the necessary steps           to ensure that
     contracting authorities , defined in Article 1(b ),   comply ----
     with the provisions of this Directive where they       contribute
     more than 50% of the finance in        respect  of    works
     contracts awarded by entities other than themselves .
     " Finance"shaU. mean in particular :
     -     the payment of grants from public funds ;
     -     interest subsidies on loans granted ;
     -     the   grant   of tax concessions ;
     -     the provision of sites       under favourable conditions .
2.   Within the meaning of paragraph 1 above " works contracts " shall be
     treated in the same way as " public works contracts ".
 ---pagebreak---                                           - 4 -
ARTICLE 4
An Article lb is hereby,, added to the Directive ‘
                                    "Article 1 b
1.    In the event of the contracting authorities concluding a public
     works concession contract a3 defined under Article 1(d), the advertising
     rules as described in Article 12 . ( 3 ), ( 6 ), ( 7 ), ( 9 ), ( 10 ) and .
    (11 )    and in Article 15a          shall apply to that contract when its
     value is not less than 5.000.000 ECU .
2.   When     the   concessionnaire       is   himself   one  of  the   authorities
     awarding contracts within the meaning of Article 1 ( b ),               he shall
     apply the provisions of this Directive in the case of works to be
     carried out by third parties .
3.   The Member States shall take the necessary steps to ensure that a
     concessionnaire other than an authority awarding contracts applies
     the advertising rules set out in Article              12 W t ( 6 ), ( 7 ),_
     ( 9 ), ( 10 ) and ( 11 ) and in . Article 15b , in respect of the contracts
     which it awards to third parties when the value of the contracts
     is not less than 5.000.000 ECU ._Advertising rules shall not be
     applied where work3 contracts meet the conditions laid down in
     Article 5 ( 3 ).
     Undertakings which have formed a group               in order to obtain the
     concession contract , or companies associated with or affiliated to
     them , shall not be regarded as third parties .
     " Associated or affiliated companies " means companies which hold a
     controlling      interest    in   an    undertaking   to which   a concession
     contract has been awarded and companies a controlling interest in
     which is held by an undertaking to which a concession contract has
    been awarded .         A comprehensive list of these companies shall be
     enclosed with the candidature for the concession ._This list
    shall be brought up to date following any subsequent changes in
    the relationships between the companies .
                                                                                      26
 ---pagebreak---  4.   The contracting authority shall :
      -    either   require  the concessionnaire  to    award   contracts
           representing a minimum of 30% of the total value of the work
           for which the concession contract is to be awarded     to third
           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_candidates for concession contracts to
           specify in their tenders the minimum percentage of the total
           value of the work for which the concession contract is to be
           awarded which they intend to assign to third parties .
Whichever procedure is toLlowed by the authority awarding contracts ,, the
percentage shall be taken into consideration as a positive factor in the
choice ot concessionnaire ."
 ---pagebreak---                                  - 6 -
ARTICLE 5
Article 2 of the Directive is deleted .
 ---pagebreak---                                              - 7 -
 ARTICLE 6
 Paragraphs 1 , 2 and 3 pf Article 3 of the Pi recti ve. are
 deleted ._Paragraphs 4 and 3                         are     replaced by the following
 text :
"4.     This Directive shall not apply :
        (a)    save for paragraph 5 , to works contracts awarded by carriers
               by land , sea or air ;
        (b)   save      for   paragraph        5 , to works     contracts      awarded    by
              contracting authorities ,            insofar as those contracts concern
               the production ,      transport and distribution of drinking water,
              or    by     contracting authorities            whose principal activity
               lies in the production and distribution of energy .
 5.     The Council shall lay down ,             not later than 1 July 1990 ,          on a
        proposal     from   the   Commission       and  after    consulting the European. .
        Parliament, rules fully opening up. works contracts in the sectors referred to in
        paragraph 4(a ) and ( b )               to intra-Community competition . "
                                                                                             <^3
 ---pagebreak---                                        " 8 -
ARTICLE 7
Article 4 of the Directive shall be replaced by the following text :
      This Directive shall not apply to public contracts governed by
      different procedural rules and awarded :
      (a)   in  pursuance    of an    international  agreement  concluded  in
            conformity with the Treaty between a Member State and one or
            more non-member countries and covering works 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 Decision 71/306/EEC \ as amended
           by Decision 77/63/EEC 2 ;
      (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
           organization .
     OJ No . L 185 , 16.08.1971 , p . 15
     0J No . L 13 , 15.01.1977 , p . 15
                                                                              3^
 ---pagebreak--- An Article 4 a .        is_    - added to the Directive .
                                     "Article 4a .
1.  The provisions of this Directive shall apply to public works
    contracts      whose      estimated   value  net   of VAT   is  not    less   than
    5.000.000 ECU .
    The   value       of    the   threshold  in   national   currencies     shall   in
    principle        be      revised   every    two   years   with     effect     from
    1 January    •  » · ·     The calculation of this value shall be based on
    the average daily 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 JEuropean Communities at
    the beginning of November .
3.  Where a work is the subject of several lots , each one the subject
    of a contract , which subdivide the work , the value of each lot
    must be taken into account for the purpose of calculating the
    amounts referred to in paragraph 1 .             Where the aggregate value of
    the lots is not less than the amount referred to in paragraph 1 ,
    the provisions of that paragraph shall apply to all lots .
4.  No work or contract               may be split up with the intention of
    avoiding the application of the preceding paragraphs .
5.  When calculating the amounts referred to in paragraph 1                     " and
    in Article 5          account shall be taken not only of the amount of the
    public works contracts but also of the estimated value of the
    supplies needed to carry out the works which are made available to
    the contractor by the contracting authorities .
 ---pagebreak---                                     - 10
ARTICLE 9
Article 5 of the directive shall be replaced by the following text :
                                " Article 5
1.    In awarding public works contracts        the contracting authorities
     shall apply the procedures defined in Article 1 (e ),       ( f ) and fe ) ,
     adapted to this Directive ;
2.   The contracting authorities may award their public works contracts
     by negotiated procedure , with prior publication of a tender notic e
     and after having selected the candidates according to qualitative
     public criteria , in the following cases only ;
      (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 Title IV ,         insofar as the original
          terns of the contract are not substantially altered .            The
          contracting authorities shall not ,      in these cases , publish a
          tender notice where they include in such negotiated procedure
          all the mdertakings_- satisfying the criteria of Articles 23 to
          28 which , during the prior open or restricted procedure , have
          submitted offers in accordance with the formal requirements
          of the tendering procedure ;
     (b)  when the works     involved are carried out 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 exceptional cases ,     when the nature of the works or the
          risks attaching thereto do not permit prior overall pricing .
3.   The contracting    authorities may also award their public works
     contracts by negotiated procedure without prior publication of a
     tender notice , in the following cases only :
 ---pagebreak---                                - 11
( a ) in the absence of tenders in reponse 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;
(b)   when ,    for  technical  or  artistic reasons or for reasons
      connected with the protection of exclusive rights , the works
      may only be carried out by a particular contractor ;
(c)   works which are declared secret or when their execution 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 ;
(d)   insofar as is strictly necessary when , for reasons of extreme
      urgency brought about by events unforeseen by the contracting
      authorities in question ,     the time limit laid down for the
      open or restricted procedures or negotiated procedures
      referred to paragraph 2          '   ~ cannot be kept .       The
      circumstances invoked to justify extreme urgency must not in
      any event be attributable to the contracting authorities ;
(e)   for additional works 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 work described therein , on condition that
      the award is made to the contractor carrying out such work :
             when such works cannot be technically or economically
             separated   from   the   main    contract  without   great
             inconvenience to the contracting authorities ;
      –      or when such works ,        although separable from the
             execution of the original contract ,        are strictly
             necessary to its later stages ;
                                                                      3S
 ---pagebreak---                                   - 12
         however ,   the   aggregate   value  of  contracts   awarded  for
         additional   works may not exceed     50% of the amount of the
         original contract ;
    (f)  for new works consisting of the repetition of similar works
         entrusted to the undertaking to which the same contracting
        authorities awarded an earlier contract ,      provided that such
        works conform to a basic project for which a first contract
        was   awarded   according   to   the procedures   referred  to  in
        paragraph ( 4 ) below ;
        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 works shall be taken into
        consideration by the contracting authorities when they apply
        the provisions of Article 4 bis .      This procedure may only be
        applied during the three years following the conclusion of
        the original contract .
4. In all other cases ,   the contracting authorities shall award their
   public works contracts by the open procedure or by the restricted
   procedure ."
 ---pagebreak---                                      - 13 -
ARTICLE 10
An Article 5 a is added to the Directive .
                                 " Article 5a
1.   The contracting authority shall inform , within 15 days , any
     eliminated candidate or tenderer who makes a duly substantiated
     request of the reasons for rejection of an application or a
     tender ,   and ,   in the case of a tender , the name of the successful
     tenderer .
2.   The contracting authority shall provide information on 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 .
3.   For each contract awarded the contracting authorities shall draw
     up a written report which shall consist of all the different
     written records of each stage of the procedure of awarding the
     contract .   These records shall include at least the following :
          -      the name and address of the contracting authority ,     the
                 subject and value of the contract ,
          -      the names of the participants admitted and the reasons
                 for their selection ,
                 the names of the participants rejected and the reasons
                 for their rejection ;
          the name of the successful tenderer and the reasons for his
          tender having been selected and ,         where appropriate ,  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 5 which justify the use of these procedures .
    This report , or the main features of it , shall be communicated
    to the Commission at its request .
                                                                          3-Г
 ---pagebreak---                                     14
ARTICLE 11
Articles 7 , 8 and 9 of the Directive  are deleted .
 ---pagebreak---                                         - 15 -
 ARTICLE 12
 Article 10 of the Directive shall be replaced by the following text :
                                     " Article 10
   1.  The technical specifications defined in Annex III shall be given
       in the general documents or the contractual documents relating to
       each contract .
2.     Without prejudice to         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 European authorizations .
3.     A contracting authority may derogate from paragraph 2 if :
       (a)  the standards      do not     include provision for establishing
            conformity ,    or technical     means do not exist to establish
            satisfactorily conformity of a product to those standards ;
       (b)  use of the     standards would necessitate the acquisition
            of    .      products or materials incompatible with equipment
            already in use or would entail disproportionate technical
            difficulties ,    but only as part of a clearly defined and
            recorded strategy with a view to changing over , within a
            determined period ,    to European standards or common technical
            spécifications .
      (c)   the project concerned is of a genuinely innovative nature for
            which use of existing standards as regards the product or
            material to be used would not be appropriate .
4.    Contracting authorities 'relying upon paragraph 3 shall record , unless
      it is impossible , the reasons for doing so in the tender notice
      published in the Official Journal of European Communities and in
      all   cases   sh all    record     these   reasons in  their  internal
      documentation and     shall supply such information on request to
      Member States and to the Commission .
                                                                          3 *
 ---pagebreak--- In the absence of European standards or European authorizations , the
technical specifications shall be defined by reference to national
standards reco gnised as corresponding to essential requirements in
conformity with the procedures laid down in the directives on
technical harmonization . "
 Article 10(2 ) of the Directive becomes Article 10(6 ).
 ---pagebreak--- ARTICLE 13
Article 11 of the directive shall be deleted .
 ---pagebreak---                                          _ 18 _
ARTICLE 14
Article 12 of the directive shall be replaced by the following text :
                                       " Article 12
1.    Contracting authorities shall make known ,                as soon as possible
     after the decision approving the planning of the works contracts
     that the contracting authorities Intend to award ,                 by means of a
     notice ,     the essential characteristics of those works contracts
     whose value is not less than the threshold laid down in Article
2    Contracting authorities who wish to award a public works contract
     by open , restricted or negotiated procedure referred to in Article
     5 ( 2 ), shall make known their intention by means of a notice .
3.   Contracting_, authorities who wish to award a works concession
     contract     as  defined under Article       1    ( d ) shall  make  known their
     intention by means of a notice .
      Works     _ concessionnaires      other than     a contracting authority who
     wish to    award a works contract to be         carried out by third parties
     as   defined     under   Article     lc  .  (3) ,      shall  make   known their
     intention by means of a notice .
5.   Contracting authorities who have awarded a contract shall make
     known     the   result    by   means    of a    notice .        However ,  on  a
     contract -by-contract basis ,         certain information on the contract
     award may be withheld from publication where release of such information would
     impede law enforcement or otherwise be contrary to the public
     interest or would prejudice the legitimate commercial interest of
     particular      undertakings,, public or private , or might prejudice fair
     competition between contractors .
6.   The notices referred to in preceding paragraphs shall be sent as
     rapidly 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 15 the notice
     shall be sent by telex , telegram or telecopier .
 ---pagebreak---                                     _ 19
     (a)   The notice referred to in paragraph 1 shall be sent as soon
           as possible after the decision approving the planning of the
           work3 contracts that the contracting authorities intend to
           award .
     (b)   The notice referred to in paragraph 5 shall be sent at the
           latest 48 days after the award of the contract in question .
7.   The notices shall be drawn up in accordance with the models given
     in Annexes IV , V and VI .
     Contracting authorities shall be bound to specify the information
     requested in those Annexes .
     In open ,    restricted and negotiated procedures ,     the conditions
     required of contractors by contracting authorities when requesting
     information concerning the economic and technical standards which
     the   contracting    authorities  require   of contractors   for their
     selection may not be other than those specified in Articles 25 and
     26 .  ( Point 11 of Annex IV B ,   point 8 of Annex IVC and point 7 of
     Annex IV D ) .
8.   The notices referred to in paragraphs 1 and 5 above shall be
     published in the Official Journal of the European Communities and
     in the TED data bank in the official languages of the Community ,
     the original text alone being authentic .
9.   The notices referred to in paragraph 2 , 3 and 4 shall be published
     in full in the Official Journal of the European Communities and in
     the TED date bank 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 .
10 . The Office for     Official Publications of the European Communities
                       the notices not later than 12 days after       their
     shall    publish
                   Tn the case of the accelerated procedure referred  to in
     dispatch .
     Article 15 this    Deriod shall be reduced to 5 days .
                                                                            чг
 ---pagebreak---                                      20 _
11 . The notice shall not be published in the official journals or in
     the press of the country of the contracting authority before the
     date of dispatch ,   and it shall mention this date .    It shall not
     contain   information  other than that published in the Official
     Journal of the European Communities .
12 . The contracting authorities must be able to supply proof of the
     date of dispatch .
13 . 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 said journal containing one or more notices shall reproduce
     the model notice or notices on which the published notice or
     notices are based . "
 ---pagebreak---                                         - 21  -
ARTICLE 15
Article 13 of the Directive shall be replaced by the following text :
1.   In open procedures the time limit for the receipt of tenders shall
     be fixed by the contracting authorities at not less than 52 days
     from the date of sending the notice .
2.   The time    limit      for   the receipt     of tenders     provided for      in
     paragraph   1 may be reduced           to 36   days where     the contracting
     authorities   have      published a     tender   notice ,    provided   for   in
     Article   12    ( 1 ),    in   the   Official    Journal    of   the   European
     Communities .
     Provided they have been requested in good time,       the  contract documents
     and supporting documents must be sent            to  the  contractors by the
     contracting    authorities       or   competent    departments    within    four
     working days of . receipt of the request ..
4.   Provided it has been requested in good time ,                        additional
     information relating to the contract documents shall be supplied
     by the contracting authorities not later than 6 days before the
     final date fixed for receipt of tenders .
5.   Where tenders can only be made after a visit to the site or after
     inspection of the documents supporting the contract documents , the
     time limits laid down in the preceding paragraph shall be extended
     accordingly .
 ---pagebreak---                                     - 22 -
ARTICLE 16
Article 14 of the directive shall be replaced by the following text :
1.    In restricted procedures       and negotiated procedures ,       the time
      limit   for  receipt   of  requests    to   participate    fixed    by  the
     contracting authorities shall be not less than 37 days from the
     date of dispatch of the notice .
2.   The contracting authorities shall simultaneously and in writing
     invite    the selected candidates    to   submit   their   tenders .     The
     letter     of  invitation   shall  be    accompanied    by   the   contract
     documents and supporting documents .       It shall include at least the
     following information :
      (a)   the address of the service from which
            additional _documents can be requested and the final date
            for making such a request ;      also the amount and terms of
            payment of any sum to be paid for such documents ;
     (b)    the final date for receipt of tenders ,      the address to which
            they must be sent and the language or languages in which they
           must be drawn up ;
     (c)   a reference to the contract notice published ;
     (d)   an indication of any documents to be annexed ,             either to
           support the verifiable statements furnished by the candidate
           in accordance with Article 12 ( 7 ),        or to supplement       the
           information   provided   for  in   that   Article under     the   same
           conditions as those laid down in Articles 25 and 26 ;
           the criteria for the award of the contract if these are not
           given in the notice .
3.   In restricted procedures ,     the time limit for receipt of tenders
     fixed by the contracting authorities may not be less than 40 days
     from the date of dispatch of the written invitation .
 ---pagebreak---                                     23 -
4. The time limit for receipt of tenders laid down in paragraph 3 may
   be reduced to 26 days where the contracting authorities have
   published the tender notice provided by Article 12 ( 1 ) in the
   Official Journal of the European Communities .
5. Requests to participate in contracts and invitations to tender may
   be made by letter ,    by telegram , telex or by telephone .  If requests
   are made by one of the Last three means , they tpust.be confirmed by Letter .
6. Provided    it    has  been  requested    in  good  time ,   additional
   information relating to the contract documents must be supplied by
   the contracting authorities not less than 6 days before the final
   date fixed for the receipt of tenders .
7. Where tenders can only be made after a visit to the site or after
   on-the-spot inspection of the documents supporting the contract
   documents ,    the time limits laid down in the preceding paragraphs
   shall be extended accordingly .
                                                                           Чь
 ---pagebreak---                                       24 -
ARTICLE 17
Article 15 of the Directive shall be replaced by the following text :
1.   In cases where urgency renders impracticable the time limits laid
     down in article 14 ,      the contracting authorities may    fix the
     following time limits :
     (a)  a time limit for receipt of requests to participate which
          shall be not less than 15 days from the date of dispatch of
          the notice ,
     (b)  a time limit for the receipt of tenders which shall be not
          less than 10 day3 from the date of the invitation to tender .
     The contracting authorities shall be bound to give valid reasons
     for the use of this procedure in the contract notice .
2.   Provided    it  has  been    requested  in  good time ,   additional
     information relating to the contract documents must be supplied by
     the contracting authorities not later than 4 days before the final
     date fixed for the receipt of tenders .
3.   Requests for participation in contracts and invitations to tender
     must be made by the most rapid means of comm unication possible .
     When requests to participate       are made by telegram ,  telex or
     telephone , they must be confirmed in writing .
 ---pagebreak---                                   - 25-
ARTICLE 18
An Article 15a is added to the_ Di rective .
                            " Article 15 a
 Contracting      authorities   who  wish   to   award   a works  concession
contract  as defined          Article  1  ( d ) shall fix a time limit for
receipt of <candidatures for the concession ,       which shall be not less
than 52 days from the date of dispatch of the notice . "
                                                                            ^ 8
 ---pagebreak---                                      - 2 '6 -
ARTICLE 19
An Article 15b    shall be added to the Directive .
                              '' Article 15 b
     In_works contracts awarded by a concessionnaire of works other
     than  an  authority awarding contracts ,     the time limit for   the
     receipt  of    requests to     participate shall  be  fixed  by   the
     concessionnaire at not less than 37 days from the date of dispatch
     of the notice ,   and the time limit for the receipt of tenders ,  at
     not less than 40 days from the date of dispatch of the notice ,    or
     the invitation to tender .
 ---pagebreak---                                   - 27 -
ARTICLE 20
Articles 16 , 17 and 18 of the Directive are deleted .
 ---pagebreak---                                    - 25
ARTICLE 21
Article 19 of the Directive shall be replaced by the following text :
     Contracting authorities may arrange     for the publication in   the
     Official Journal of the European Communities of notices announcing
     public works contracts which are not subject to the publication
     requirement laid down in this Directive .
 ---pagebreak--- ARTICLE 22
Article 20 of the Directive shall be replaced by the following text :
     Contracts shall be awarded on the basis of the criteria laid down
     in chapter 2 of this Title , taking into account the provisions of
     Article 20 a ) ,  after the suitability of the contractors not
     excluded under the provisions of Article 23 has been checked by
     the contracting authorities in accordance with the criteria of
     economic and financial standing and of technical     knowledge or
     ability referred to in Articles 25 to 28 .
 ---pagebreak---                                    - 30 -
ARTICLE 23
An Article 20 a    shall be added to the Directive .
                              "Article 20 a
Where the criterion for the award of the cohtract is that of the most
economically advantageous tender ,       contracting authorities may take
account of variants which are submitted by a tenderer and meet the
minimal specifications required by the contracting authorities .
Contracting authorities shall     indicate   in  the tender   notice whether
variants  will  be  considered .        They shall state    in the  cont ract
documents   the minimal specifications to be respected by the variants
and any specific requirements for their presentation .
Contracting authorities may not      reject the submission of a variant
which  has been  drawn up by reference to national standards different
from those of the country in which the contract       is being awarded ,   if
the variant satisfies the essential requirements of the work ."
 ---pagebreak---                                         31
ARTICLE 24
An Article 20b       shall be added to the Directive .
                                " Article 20 b
     In the contract documents , the contracting authority shall ask the
     tenderer to indicate in his tender any share of the contract he
     may intend to sub-contract to third parties .
     For each sub-contract the principal contractor shall retain full
     responsi bi l i ty . "
 ---pagebreak---                                     - 32 -
ARTICLE 25
Article 22 of the Directive shall be replaced by the following text :
1.   In    restricted    and    negotiated     procedures    the    contracting
     authorities shall ,    on the basis of information given relating to
     the contractor '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_Articles 23 to 28 those whom they will invite to
     submit a tender or to negotiate .
2.   Where the contracting authorities award a contract by restricted
     procedure ,   they may indicate     in the contract notice the range
     within which the number of undertakings to be invited will fall .
     The range shall be determined in the light of the nature of the
     work to be carried out .
     The lower figure of the range may not be less than five . The upper
     figure may not be less than eight or        more than twenty .
     In any event ,   the number of candidates invited to tender shall be
     sufficient to ensure genuine competition .
3.   Where the contracting authorities award a contract by negotiated
     procedure referred to Article 5 ( 2 ) ,        the number of candidates
     admitted to negotiate may not be less than three .
4.   Each Member State shall ensure that contracting authorities issue
     invitations   without   discrimination    to   those  nationals   of other
     Member State who satisfy the necessary requirements and under the
     same conditions as to its own nationals .
 ---pagebreak---                                   - 33
ARTICLE 26
An Article 22a      is   - added to the Directive .
                             "Article 22 a
 Contracting     authorities may in the award of contracts have regard
to the desirability of encouraging responses to the problems of the
long  term   unemployed  and  yound    people particularly in    regions ,
employment areas and urban communities affected by levels of
unemployment structurally higher than the average for the Community
within the context of operational programmes presented by the competent
authorities in the Member States and agreed by the Commission . "
                                           *
 ---pagebreak---                                    - 34 -
ARTICLE 27
An Art i c L e 22 is      added to the Directive .
                             " Article 22b
1.  Without prejudice to the provisions of the Treaty        and measures
    taken in accordance with the Treaty ,.     the contracting authority
    shall state in the contract documents the obligations relating to
    conditions of employment which are in force in the Member States ,
    regions or localities in which the works are to be executed and
    which shall be applicable to the works carried out on site during
    the performance of the contract .
2.  The tenderer shall furnish to the contracting authority a statement
    to the effect that he has taken account , in his bid , of the conditions
    of employment which have been stated     in the contract documents
    according to paragraph 1 ."
 ---pagebreak---                                    - 35
ARTICLE 28
Paragraph 3 of Article 29 of the Directive        is .   deleted .
Paragraoh 4 of^ Article 29 of the Directive          .is    replaced by_the
following text :
"4.  The provisions of paragraph 1 shall not apply when a Member State
     bases  the   award  of  contracts   on  other  criteria ,     within  the
     framework   of rules   whose aim   is to give preference to certain
     tenderers ,   on conditions  that   the rules  invoked   are   compatible
     with the Treaty ."
 ---pagebreak---                                           - 36 -
      ARTICLE 29
     Paragraph 5 of Article 29 of the Directive            is    replaced by the
     following text :
"5 - If .   for a given contract . _ tenders appear to be abnormally low in
     relation to the transaction ,      the contracting authority shall request ,
     in writing , explanations on the constituent elements of the tender
     concerned .     In examining these tenders ,_it shall take account of the
     explanations received .
     The contracting authority ^ ay        take into consideration explanations
       relating   to     the : economy       of     the _ construction
      method ..
      method      or
                  or       the
                           the _      •   technical  solutions  chosen ,  or the
     exceptionally favourable conditions available to the tenderer for the
     execution of the work ,    or the originality of the work proposed by the
     tenderer .
     If the documents relating to the contract provide for its award at the
     lowest price tendered ,     the contracting authority must communicate to
     the Commission the rejection of tenders which it considers to be too
     low .
 ---pagebreak---                                      - 37 -
ARTICLE 30
An Article 29a         is_, added to the Directive and written into
Title V.
                                "Article 29 a
     This  Directive    shall not prevent ,     until 31 December 1992 ,  the
     application of existing national provisions on the award of public
     work  contracts    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 • “h.shal l be without prejudice to Article 29(4 )."
                                                                              bo
 ---pagebreak---                                         38
ARTICLE 31
An Article  29b         is       added to    the Directive .
                               " Article 29 b
     Member States shall    inform the     Commission  of national provisions
     covered by Article 29 ( 4 ) and of the rules for applying them .
     Member States  concerned     shall   forward   to the Commission , every
     year , a report describing the implementation of these provisions .
     The reports   shall   be   submitted to      the Advisory Committee for
     Public Contracts . "
 ---pagebreak---                                            39 _
ARTICLE 32
An Article 30a ‘       is       added to the Directive .
                                   Article 30 a
1.    In order to allow assessment of the results of applying the
     Directive ,       Member States shall forward a statistical report to
     the Commission on the contracts awarded by the contracting
     authorities within the meaning of Article 1 ( b ) of this Directive ,
     the first such report relating to the awards in the preceding
     calendar year shall be submitted not later than 31 October 19 ..
     ( three years after the entry into force of the Directive ) and
     thereafter at two yearly intervals by 31 October .
 2.  The reports shall detail at Least the nunber and value of contracts awarded by each contracting
     authority above the threshold ,         subdivided by procedure ,        category
     of work and the nationality of the contractor to whom the contract
     has been awarded ,        and   in the     case of negotiated procedures ,
     subdivided in accordance with Article 5 ,              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 consultation with the Advisory Committee for
     Public Contracta ."
                                                                                          G
 ---pagebreak---                                          - 40-
 ARTICLE 33
An Article 30b            is     added to the Directive ^
                                  "Article 30 b
1.    Annex I shall be amended by the Commission when it is necessary
    ( a ) to delete bodies governed by public law to which           the Annex refers
          because they no longer fulfil the criteria for             their  inclusion
          set out in Article 1 ( b );
    (b )   to  include    bodies governed      by public    law which     meet    those
          criteria .
2.   Amendments shall be made by the Commission after consulting the
     Advisory Committee for Public         Contracts .                     ' .    '
     The    chairman , of the Committee shall submit to          the   Committee     a
    draft of the rasures tobe taken .          The   Committee  shall    deliver    its
     opinion on the draft within a t i r.e·- 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 .
     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 .
3.   Amended    versions    of Annex   I   shall   be  published   in  the   Official
     Journal of the European Communities .^
 ---pagebreak--- ARTICLE 34
Article 31 of the Directive is deleted *
 ---pagebreak--- ARTICLE 35
Annexes  I and II to Directive 71/305/EEC are replaced by Annexes I to VI
 to this Directive .
 ---pagebreak---                                     - 43 -
ARTICLE 36
Council Directive 72/277/EEC' 0f 26 JuJLy 1972 is hereby repealed 1 .
   OJ No . L 179 , 3.08.1972 , p. 12
                                                                      69
 ---pagebreak---                                  - 44 -
                           FINAL DISPOSITIONS
ARTICLE 37
Member States shall adopt the measures necessary to comply with this
Directive by ... and shall forthwith inform the Commission thereof .
 ---pagebreak---                                  - 45 -
ARTICLE 38
Member States shall ensure that the texts of the basic provisions of
domestic la w, whether laws , regulations or administrative provisions ,
which they adopt to comply with this Directive , are communicated to the
Commission .
 ---pagebreak--- ARTICLE 39
This Directive , is addressed to the Member States .
     Done at                             For the Council
                                         the President
 ---pagebreak---                                     ANNEX 1
                    LIST OF BODIES GOVERNED BY PUBLIC LAW
                         REFERRED TO IN ARTICLE 1 ( b )
           In Germany :
          The " bundesunmi t telbaren Körperschaften ,  Anstalten und Stiftungen
          des öffentlichen Rechts "; the " landesunmittelbaren Körperschaften ,
          Anstalten und Stiftungen des öffentlichen Rechts " subject to State
          budgetary supervision .
II .    . In Belgium :
                " le Fonds des Routes 1955-1969 " - " het Wegenfonds ",
                " la Régie des Voies Aériennes " - "de Regie der luchtwegen ".
          -     public social assistance centres ,
                church councils .
                 l'Office Régulateur de la Navigation Intérieure " - de Dienst
                voor regeling van de binnenvaart ",
                " la Régie des services f rigori f iques de l'Etat beige" - "de
                Regie der Belgische Rijkskoel- en Vriesdiensten".
III . .   In Denmark :
            andre forvaltningssubjekter "
 ---pagebreak---   IV       In France :
                 administrative public bodies at national ,            departmental and
                 local levels ,
                universities ,      public scientific and cultural bodies and othr
                establishments as defined by the Law setting out guidelines
                for Higher Education No . 68-978 of 12 November 1968 .
           In Ireland :
          other public authorities whose public works ' contracts are subject
          to control by the State .
 VI .  . In Italy :
                State universities ,        State university institutes ,       consortia
                for university development works ,
                higher    scientific      and   c-^tural   institues ,    ast * cnomical ,
                ast rophys i ca l , geophysical, or vu l canologi cal observatories ,
                the " Enti oi riforma fondiaria ",
                welfare and benevolent institutes of all kinds .
VII .   . In Greece : other legal persons governed by public low whose public
        works      contracts are subject to St3te control .
VIII .    In Luxembourg :
         public     bodies    subject    to   control  by   the    Government ,    by . an
         association      of     municipal     corporations     or    by  a     municipal
         co rporat i on .
                                                                                        } z.
 ---pagebreak---   In the Netherlands :
        the "Waterschappen ",
        the " instellingen van wetenschappelijk onderwijs vermeld in
        Article 15 van de Wet of het Wetenschappelijk Onderwijs
        ( 1960 )", the " academische ziekenhuizen",
        the " Nederlandse Centrale Organisatie voor toegepast
        natuurwetenschappelijk Onderzoek      ( TNO )" and its dependent
        organi zat i ons .
  In Spain :
  other legal persons subject to public rules for the award of
  cont racts .
  In Portugal :
  legal persons governed by public law whose public wo rks     -  tracts
  are subject to State control .
. In the United Kingdom :
        Education Authorities ,
        Fire Authorities ,
        National Health Service Authorities ,
  -     Police Authorities ,
        Commission for the New Towns ,
        New Towns Corporations ,
        Scottish Special Housing Association,
        Northern Ireland Housing Executive .
 ---pagebreak---                                                                                                                     ANNEX It
                                  LIST OF F-ROFfcSSSO*iAt. ACTJVI'.' FS
                AS SFT OUT AN IMF SENCftAL I.^C-'JSTKi A.L CLASSIFICATION
              OF ECONOMIC ACTIVITIES                                      THE fc'U»Of'£>.#l COHKJNITIES
                  Subgroups
Dnsm   Group»        end                                                               L^safrcflptk>^
                    Mem*
 ■0                                  »UIUDIWa Aiiiî C1»1U CMOlMÎ.TtAIN3
        SOO                            Clsfxr ai bu'Ar:i( and cfrt er:<s4tve*rtf.g wc«rk (wbitout any particular
                                       *ÇW*-CÏJUÎXA^>O«Î ) «ι.ί tiawrtcntfcon work                        s
                    S03.1                    O-üs^era ! b-jiio - ng and c?v : s ·Γ?£ΪΙ>#·Γ!ΓΆ work {without any particular
                              *
                                             ap-aclal'ra.in.il
                    5302                     D^fYTüihiv-n W' rk
                                •
        SOI                            C^oätrur-i 1 f¿ V                      o"' ,¡i bkidte, hcapôisàs ís-md trtb«r buírTr-qa, botti
                                        7νβ>· t- riwfii         rv>>-, ; Ti-«
                    501.1                    ewc bu:¡otn{¡ oontraclor*                       ‘
                    501.2                    Kt<r . np
                    501 J                   <, --.retruo». - 'i frf cíilmnay*, Min* arid fumaci»*
                    yv4                     VVr.M'frrço-'irivî ki'»<í damoprootirt^j
                    50 'I 5                  F> r*'jr»tMn and maintenance of eutalda armila
                                             ( rs-pr ·πι!Γι·3 , cleaning , etc.)
                    501.3                    Eixu.ioft and ai-vtcitlaimant -si aeaffold'ng
                    501.7                   Cwî»ar ip» _j ». 1« itd SirtJvtti ** rwcüng to construction work (Including
                                            c&rytr.uy)
                                                       \
        S02                            CM3 wvçfcvaafir g ; owjtrvcüoo oí reaàa, bHôçw·, rWrweym, etc.
     .
                    502.1                   O<*r>onu rMi fhVjjr^ring work
                    Ky-~ -/ J
                                                                  ( r.*îwytng )
                    SO? 3                   Conr . rudler . ο** brin pea . tunneia and abaft*. drilling
                    502.4                   FiyO.'éulle «■. '¿'nv.cring ( rtvyr*, Cana !*, harbour», flow*, lock* and
                                            d ; ma )
                                            Ruiia-bundlnij (Including specialized oonatructlon of airports and
                                             rtmaraya)
                    602-6                             laitcad conat.-udior. work raiatinfl to wet·? 0··· to Irrigation , land
                                            drainage, arati..· acpoty, »arwage olapoaal, eawaraga , etc.)
                    6L2.7                   Speziai ^*«-) »utMti·* in otbar area* of cMI angl nearing
        VU                             4ruãj*ÍLrt>r«fl fTfc'.4»ρα *Λ*£ feiura*)
                    503.1                   Generel Irrstsi'adon work
                    6012                    (i aa Otting arsi plumbing , and tb# installation of sanitary equipment
                    6013                    inaia Taboo ci brswdng and vnrrtileöng apparatu* (carrtrai beating , air
                                                                              ail-on )
                    501.4                   Soured «■ d 7- -it ln*jtai>cn.. InaiHatiori aø&Jrtat vibration
                    5C3Ü                     fc i‘**otr1c4r fiftKys
                    5L._6                   ëivrtaliaîkm of «atrial*, Døbtrilng conductora, tslapbo ne*, ate.
        S04                            BuífUng cwnpfwflo«* work
                    5C4.1                   Gênent! building completion work
                    5U42                    Haat» ring
                    5043                    Joinery, primarily art; a ged In on tfw alta assembly and/or Installation
                                            (lr,eluding Uie laying of parquet flooring )
                    504.4                   plinti !-*$ glaring . paporhaiiging
                    50« .5                  litlrvQ LTtà                         covering floor* and waJla
                    304.6                   Cibar trading co-mpietlon work (putijng In fireplaces, ate .)
                                                                                                                                      77
 ---pagebreak---                                            ANNEX III
               DEFINITON OF CERTAIN TECHNICAL SPECIFICATIONS
Within the meaning of the present directive the following terms shall
be defined as follows :
1.    "Technical specifications '8 ,. 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 fulfills 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 terminology , symbols , testing and test methods , packaging^
     marking or labelling .         They ihaTI also include the test ,
      inspection and acceptances for works and methods or techniques of
     construction and aTT 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 recognized
     standardizing 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
     Electrotechnical Standardisation ( CENELEC ) as " European Standards
     ( EN )" or " Harmonisation Documents ( HD )" according to the Common
     Rules of these organisations .
     " European agrément ":     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 application and use .      The European agrément shall be issued by
     an approval body designated for this purpose by the Member     State .
     " Essential requirements ":    requirements regarding safety . health
     and certain other aspects in the general interest , that the
     construction works can meet .
 ---pagebreak---                                  .,,2
                                      ANNEX IV
                    . MODEL CONTRACT NOTICES
                        A. Prior informatica
The name , address , télégraphie address , téléphoné ,     telex and
télécopier number of the contracting authority :
(a)  The site :
(b)  The nature and extent of the services to be provided,' the
     main characteristics of the work or of the lots by reference
     to the work :
(c)  An estimate of the cost of the proposed services :
(a)  The date scheduled for initiating the award procedures in
     respect of the contract or contracts :
(b)  The date scheduled for the start of the work :
(c ) Planned timetable for completion of the work :
Terms of financing of the work and of price revision :
Other information :
Date of dispatch of the notice :
Date  of  receipt    of   the  notice   by  the Office for  Official
Publications of the European Communities :
                                                                    ^6
 ---pagebreak---                                           ANNEX IV
                             B. Open procedures
 1-  The name , address and , where applicable , telegraphic address ,
     telex and telecopier number of the contracting authority :
2.   The award procedure chosen :
3.    (a)  The site :
      (b ) The nature and extent of the services to be provided and
           general nature of the work :
      (c)  If the work or the contract is subdivided into several lots ,
           the order of size of the different lots and the possibility
           of tendering for one , for several or for all of the lots :
      (d ) Information concerning the purpose of the work or the
           contract where the latter also involves the drawing up of
           projects :
4.   Any time limit for completion :
5.   (a)   Name and address of      the service  from which    the contract
           documents and additional documents may be requested :
     (b)   ( Where applicable ) the amount and terms of payment of the sum
           to be paid to obtain such documents :
6.   (a )  The 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 such opening :
8.   ( Where applicable ) any deposits and guarantees required :
                      »
9.   Main terms concerning financing and payment and / or references to
     the provisions in which these are contained :
10 . (Where applicable ), the legal form to be taken by the grouping of
     contractors to whom the contract is awarded :
11 . Minimum economic and technical standards            required  of   the
     contractor to whom the contract is awarded :                         >
12 . 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 where they do not
     appear in the contract documents :
14 . Other information :
15 . Date of publication of the prior information notice in the 0J or
     reference to its non-publication :
                                                                           3 4
 ---pagebreak--- 16 . Date of dispatch of the notice :
17 . Date of receipt of the notice by the Office of Official
     Publications of the European Communities :
                                                             3 8
 ---pagebreak---                                             ANNEX IV
                           C. Restricted procedures
  1.   The name, address and, where applicable , telegraphic address,
       telex and telecopier number of the contracting authority :
 2.    (a )  The award procedure chosen :
       (b)   ( Where applicable ),    justification for    the use of   the
             accelerated procedure :
 3.    (a ) The site :
       (b ) The nature and extent of the services to be provided and
            general nature of the work :
       (c ) If the work or the contract is subdivided into several lots ,
            the order of size of the different lots and the possibility
            of tendering for one , for several or for all of the lots :
       (d ) Information concerning the purpose of the work or the
            contract where the latter also involves the drawing up of
            projects :
 4.   Any time limit for completion :
 5.   ( Where applicable ) the legal form to be taken by the grouping of
      contractors to whom the contract is awarded :
 6.   (a )  The final date for 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 dispatch of invitations to tender :
8.    (Where applicable )    information about    deposits   and any other
     guarantees :
9.   Main terms concerning financing and payment and /or the provisions
      laid down by law or regulation in which these are contained :
10 . Information concerning      the contractor 's personal position and
     minimum economic and         technical standards required of the
     contractor to whom the contract is awarded :
11 . The criteria for the award of the contract where they are not
     mentioned the invitation to tender :
12 . Other information :
13 . Date of publication of the prior information notice in the 0J of
     the EEC or reference to its non-publication :
14 . Date of dispatch of the notice :
15 . Date of receipt of the notice by the Office for Official
     Publications of the European Communities :
 ---pagebreak---                                               ANNEX IV
                             D. Negotiated procedures
1.   The name , address , telegraphic address ,            telex and telecopier
     number of the contracting authority :
2.    (a)  The award procedure chosen :
      (b )  ( Where   applicable )     justification   for    the   use    of    the
           accelerated procedure :
3.    (a)  The site :
      (b)  The nature and extent of the services to be provided and
           general nature of the work :
      (c)  If the work or the contract is subdivided into several lots ,
           the order of size of the different lots and the possibility
           of tendering for one , for several or for all of the lots :
      (d)  Information concerning the purpose of the work or the
           contract where the latter also involves the drawing up of
           projects :
4.   Any time limit :
5.   ( Where applicable ) the legal form to be taken by the grouping of
     contractors to whom the contract is awarded :
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.   ( Where    applicable )    information   about  deposits     and   any    other
     guarantees :
8.   Wain terms concerning financing and payment and / or the provisions
     laid down by taw or regulation in which these are contained :
9.   Information concerning         the contractor 's personal position and
     minimum economic and           technical standards required of the
     contractor to whom the contract is awarded :
10 . ( Where applicable ) the names and addresses of suppliers already
     selected by the awarding authority :
11 . ( Where applicable ) date(s ) of previous publications                 in   the
     Official Journal of the European Communities :
12 . Other information :
13 . Date of publication of the prior information notice                    in   the
     Official Journal of the European Communities :
14 . Date of dispatch of the notice :
15 . Date of receipt of the notice by the                  Office    of   Official
     Publications of the European Communities :
                                                                                     fr'
 ---pagebreak---                                      ANNEX IV
                      E. Contract awards
Name and address of awarding authority :
Award procedure chosen :
Date of award of contract :
Criteria for award of contract :
Number of offers received :
Name and address of successful contractor ( s ) :
Nature   and   extent    of   the     services    provided ,  general
characteristics of the finished structure :
Price or range of prices ( minimum / maximum ) paid :
Other information :
Date of publication of the tender notice in the Official Journal
of the European Communities :
Date of dispatch of the notice :
Date of   receipt of the notice by the Office for            Official
Publications of the European Communities :
 ---pagebreak---                                         57
                                             ANNEX V
                 Model notice of public works concession
1 .  The name ,   address , telegraphic address ,        telex and telecopier
    number of the contracting authority :
2.  a)    The site :
    b)    The subject of the concession ,          nature and extent of     the
          services to be provided :
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.  Information concerning the candidate's own position and                the
    information and formalities necessary for an approval of               the
    minimum economic and technical standards required of him : ·
5.  The criteria for the award of the contract :
6.  Minimum    percentage    of   the   works   contracts   awarded  to  third
    parti es :
7.  Other information :
8.  Date of dispatch of the notice :
9.  Date   of   receipt   of    the   notice   by  the  Office   for  Official
    publications of the European Communities :
 ---pagebreak---                                    ANNEX VI
MODEL NOTICE OF WORKS CONTRACTS AWARDED BY THE CONCESSIONNAIRE
 (a)  The site :
 (b)  The nature and extent of the service to be provided and the
      general nature of the work :
Any time limit for the completion of the works :
Name and address of the service from which the contract documents
and additional documents may be requested :
 (a)  The final date for receipt of requests to participate  and / or
      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 :
Any deposit and guarantees required :
 The economic and technical standards required of the contractor :
 The criteria for the award of the contract :
Other information :
The date of dispatch of the notice :
 Date of receipt of the notice by the Office for Official
Publications of the European Communities :