CELEX: 51989PC0380
Language: en
Date: 1989-08-31
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS

No C 264/22                            Official Journal of the European Communities                                   16. 10. 89
                                                              II
                                                      (Preparatory Acts)
                                                  COMMISSION
              Amended Proposal for a Council Directive on the procurement procedures of entities operating in
                              the water, energy, transport and telecommunications sectors (J)
                                                COM(89) 380 final — SYN 153
                (Presented by the Commission pursuant to Article 149 of the EEC Treaty on 18 July 1989)
                                                        (89/C 264/02)
              0) OJ No C 319, 12. 12. 1988, p. 2.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          to participate in the construction of nuclear installations of
                                                                  a scientific or industrial nature in the Community;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a and            Whereas these objectives also require the coordination of
Article 113 thereof,                                              the procurement procedures applied by the entities
                                                                  operating in these sectors;
Having regard to the proposal from the Commission,
                                                                  Whereas the White Paper on the completion of the internal
                                                                  market contains an action programme and a timetable for
In cooperation with the European Parliament,                      opening up public procurement markets in sectors which
                                                                  are currently excluded from Council Directive 71/305/EEC
                                                                  of 26 July 1971 concerning the coordination of procedures
Having regard to the opinion of the Economic and Social           for the award of public works contracts (2), as last amended
Committee,                                                        by the Act of Accession of Spain and Portugal, and Council
                                                                  Directive 77/62/EEC of 21 December 1976 coordinating
                                                                  procedures for the award of public supply contracts (3), as
Whereas the measures aimed at progressively establishing          last amended by Directive 88/295/EEC ( 4 );
the internal market, during the period up to 31 December
1992, need to be taken; whereas the internal market               Whereas among such excluded sectors are those concerning
consists of an area without internal frontiers in which free      the provision of water, energy and transport services and,
movement of goods, persons, services and capital is               as far as the Directive 77/62/EEC is concerned the
guaranteed;                                                       telecommunications sector;
Whereas successive European Councils have drawn                   Whereas the main reason for their exclusion was that
conclusions concerning the need to realise a single internal      entities providing such services are in some cases governed
market;                                                           by public law, in others by private law;
Whereas restrictions on the free movement of goods and on         Whereas the need to ensure a real opening-up of the market
the freedom to provide services in respect of supply              and a fair balance in the application of procurement rules in
contracts awarded in the water, energy and transport and          these sectors requires that the entities to be covered must be
telecommunications sectors are prohibited by the terms of         identified on a different basis than by reference to their
Articles 30 and 59 of the Treaty;                                 legal status;
Whereas Article 97 of the Euratom Treaty prohibits any            (2) OJ No L 185, 16. 8. 1971, p. 5.
restrictions based on nationality as regards companies            (3) OJ No L 13, 15. 1. 1977, p. 1.
under the jurisdiction of a Member State where they desire        (4) OJ No L 127, 20. 5. 1988, p. 1.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                                                 No C 264/23
Whereas among the main reasons why entities operating in            are designed to i n t r o d u c e m o r e c o m p e t i t i o n between the
these sectors do not purchase on the basis of Community-            entities offering air t r a n s p o r t services t o the public a n d it is
wide competition is the closed nature of the markets in             n o t a p p r o p r i a t e for the time being t o include such entities in
which they operate, due to the existence of special or              the scope of this Directive, a n d w h e r e a s the situation o u g h t
exclusive rights or authorizations granted by the national          t o be reviewed at a later stage in the light of progress m a d e
authorities, concerning the supply or management of                 as regards such c o m p e t i t i o n ;
networks for providing the service concerned, or to the
exploitation of a given geographical area for a particular
purpose, the operation of telecommunications networks or            W h e r e a s , w i t h a view to facilitating c o m p l i a n c e w i t h the
the provision of telecommunications services;                       provisions e x e m p t i n g t h o s e activities n o t covered by this
                                                                    Directive, t h e C o m m i s s i o n should publish such activities in
                                                                    the Official Journal of the European                            Communities;
Whereas the other main reason for the absence of
Community-wide competition in these areas results from
various ways in which national authorities can influence            W h e r e a s this Directive should n o t apply t o p r o c u r e m e n t
the behaviour of these entities, including participations in        contracts which affect basic State security interests or
their capital and representation in the entities' adminis-          w h i c h are concluded according to other rules set up by
trative, managerial or supervisory bodies;                          existing i n t e r n a t i o n a l agreements or international organis-
                                                                    ations ;
Whereas this Directive should not extend to activities of
these entities which either fall outside the sectors of water,      W h e r e a s the C o m m u n i t y ' s or the M e m b e r States' existing
energy and transport services or outside the telecommuni-           international obligations m u s t n o t be affected by the rules
cations sector, or which fall within those sectors but              of this Directive;
nevertheless are directly exposed to competitive forces in
markets to which entry is unrestricted;
                                                                    W h e r e a s , within certain limits, a preference should be given
                                                                    t o an offer of C o m m u n i t y origin w h e r e there are equivalent
Whereas it is appropriate that these entities apply common          offers of third c o u n t r y o r i g i n ;
procurement procedures in respect of their activities
 relating to water; whereas certain entities have been
 covered up to now by Directives 71/305/EEC and 77/62/              W h e r e a s this Directive should n o t prejudice the position of
 EEC in respect of their activities in the field of hydraulic       the C o m m u n i t y in any c u r r e n t or future international
 engineering projects, irrigation, land drainage or the              negotiations;
 disposal treatment of sewerage;
                                                                     W h e r e a s , based on the results of such i n t e r n a t i o n a l
 Whereas, however, procurement rules of the type proposed            negotiations this Directive should be e x t e n d a b l e t o offers of
 for supplies of goods are inappropriate for purchases of            third c o u n t r y origin, p u r s u a n t to a Council D e c i s i o n ;
 water, given the need to procure water from sources near
 the area where it will be used;
                                                                     W h e r e a s in the area of s t a n d a r d s a n d technical specif-
                                                                     ications it is necessary to a d o p t c o m m o n rules t a k i n g fully
 Whereas the Commission has announced that it will                   into a c c o u n t C o m m u n i t y policy in the field;
 propose measures to remove obstacles to cross-frontier
 exchanges of electricity by 1992; whereas procurement
 rules of the type proposed for supplies of goods would not          W h e r e a s c o n t r a c t i n g entities m u s t be able to reject offers
 make it possible to overcome existing obstacles to the              which, because they are based o n State aids, are u n r e l i a b l e ;
 purchases of energy and fuels in the energy sector; and
 whereas the problems posed by purchases of energy and
 fuels in the energy sector will be addressed in the context of      W h e r e a s the principles of equivalence a n d of m u t u a l
 the initiatives to be taken to realize the Community's              recognition of n a t i o n a l s t a n d a r d s , technical specifications
 internal market in energy, and consequently it is not                a n d m a n u f a c t u r i n g m e t h o d s are applicable in the field of
 appropriate to include such purchases in the scope of this           application of this Directive;
  Directive;
                                                                      W h e r e a s t h e rules to be applied by the entities concerned
  Whereas Regulation (EEC) 3975/87 (*) and 3976/87 (2),               should establish a f r a m e w o r k for s o u n d c o m m e r c i a l
  Directive 87/601/EEC (3) and Council Decision 87/602 (4)            practice a n d should leave a m a x i m u m of flexibility;
                                                                      W h e r e a s as a c o u n t e r p a r t for such flexibility a n d in the
  (i) OJ No L 374, 31. 12. 1987, p. 1.
                                                                      i n t e r e s t of m u t u a l c o n f i d e n c e a m i n i m u m level of
  (2) OJ No L 374, 31. 12. 1987, p. 9.
  (3) OJ No L 374, 31. 12. 1987, p. 12.                               t r a n s p a r e n c y a n d a p p r o p r i a t e w a y s for m o n i t o r i n g the
  (4) OJ No L 374, 31. 12. 1987, p. 19.                               application of this Directive m u s t be e n s u r e d ;
 ---pagebreak--- No C 264/24                              Official Journal of the European Communities                                   16. 10. 89
Whereas the arrangements to be introduced for the                       part of the public authorities shall be presumed when
telecommunications sector should to a large extent be the               these authorities, directly or indirectly in relation to an
same as those laid down for the sectors of water, energy and            undertaking:
transport services;
                                                                       — hold the major part of the undertaking's subscribed
Whereas in the different sectors covered, the procurement                    capital, or
problems to be solved are of a similar nature permitting
them to be addressed in one instrument;
                                                                       — control the majority of the votes attaching to shares
Whereas the provisions applicable to the telecommuni-                        issued by the undertakings, or
cations sector should be phased in two steps, with a
transitional period of one year during which 30 % of                   — can appoint more than half of the members of the
overall annual procurements may be made outside this                         undertaking's administrative, managerial or super-
Directive. In order to ensure its smooth application as from                 visory body.
 1992 on the basis of experience gained during the previous
year and whereas no transitional period should be laid
down, however, as regards the obligation to publish                 3. 'Supply and works contracts' are contracts for pe-
periodic information notices;                                           cuniary interest concluded in writing between one of the
                                                                        contracting entities referred to in Article 2 and a
Whereas it is desirable for national provisions in favour of            tenderer, and which have as their object:
regional development to be included in the Communities'
objectives;                                                             (a) in the case of supply contracts, the purchase, lease,
                                                                              rental or hire-purchase of products with or without
Whereas the Commission should review the functioning of                       options to buy. The contract may in addition cover
this Directive and the effects which it has had, after four                   siting and installation operations provided that
years, in order to make any necessary further proposals,                      their value is lower than that of the products;
 HAS ADOPTED THIS DIRECTIVE:                                             (b) in the case of works contracts, either the execution
                                                                              or both the execution and design of works related to
                                                                              one of the activities referred to in Annex XI or the
                                                                              realisation by whatever means of building or civil
                            TITLE I                                           engineering works taken as a whole that are
                      General provisions                                      sufficient of themselves to fulfil an economic or
                                                                              technical function for the user.
                            Article 1
                                                                    4. A software service contract means procurement of
 For the purposes of this Directive:                                     software for use in connection with telecommunications
                                                                         networks or telecommunications services and pur-
 1. 'Public authorities' means the State, regional or local              chased by one of the contracting entities whose
     authorities, bodies governed by public law or associ-               activities are defined in Article 2(2) (d).
     ations formed by one or several of such authorities or
     bodies governed by public law. A body is considered to         5. A supplier     or contractor who submits a tender shall be
     be governed by public law where it:                                 designated    by the term 'tenderer' and one who has
                                                                         sought an     invitation to take part in a restricted or
     — is established for the specific purpose of meeting                negotiated    procedure by the term 'candidate'.
         needs in the general interest, and
                                                                     6. 'Open, restricted and negotiated procedures' are the
     — has legal personality, and                                        purchasing procedures applied by contracting entities
                                                                          whereby:
     — is financed for the most part, by the State, or regional
         or local authorities, or other bodies governed by
         public law; or is subject to management supervision              (a) in the case of open procedures, all interested
         by those bodies; or has an administrative, man-                       suppliers or contractors may submit tenders;
         agerial, or supervisory board more than half of
         whose members are appointed by the State, regional               (b) in the case of the restricted procedures, only
         or local authorities, or by other bodies governed by                  candidates invited by the contracting entity may
         public law.                                                           submit tenders;
  2. 'Public undertakings' means any undertaking over
     which the public authorities may exercise directly or                (c) in the case of negotiated procedures, the contracting
     indirectly a dominant influence by virtue of their                        entity consults suppliers or contractors of its choice
     ownership of it, their financial participation therein, or                and negotiates the terms of the contract with one or
      the rules which govern it. A dominant influence on the                   several of them.
 ---pagebreak--- 16. 10. 89                              Official Journal of the European Communities                                No C 264/25
7. 'Technical specifications' means the totality of the            (a) are public authorities or public undertakings and have
    technical prescriptions contained in particular in the              as one of their activities any of those defined as being
    tender documents, defining the characteristics of a                 relevant for the purposes of this Directive by para-
    work, material, product or supply, which permits a                  graph 2, or
    work, a material, a product or a supply to be described
    in a manner such that it fulfils the use for which it is       (b) when they are not public authorities or public
    intended by the contracting entity. These technical                 undertakings, have as one of their principal activities
    prescriptions may include quality, performance, safety              any of those defined as being relevant for the purposes
    or dimensions, as well as requirements applicable to the            of this Directive by paragraph 2 or any combination
    material, product, or supply as regards quality assur-              thereof and operate on the basis of special or exclusive
    ance, terminology, symbols, testing and test methods,               rights granted by a competent authority of a Member
    packaging, marking or labelling. In relation to works               State.
    contracts, they may also include rules for the design and
    costing, the test, inspection and acceptances for works        2.   Relevant activities for the purposes of this Directive
    and methods or techniques of construction and all other
    technical conditions which the contracting entity is in a
    position to prescribe under general or specific regu-          (a) the supply or management of networks providing a
    lations, in relation to the finished works and to the               service to the public in connection with the production,
    materials or parts which they involve.                              transport or distribution of:
                                                                        (i) drinking water; or
8. A 'standard' is a technical specification approved by a
    recognized standardizing body for repeated and                      (ii) electricity; or
    continuous application, compliance with which is in
    principle not compulsory.                                           (iii) gas or heat;
                                                                   (b) the exploitation of a geographical area for the purpose
9. A 'European standard' is a standard approved by the
                                                                        of
    European Committee for Standardisation (CEN) or by
    the European Committee for Electrotechnical Standar-
                                                                        (i) exploring for or extracting oil, gas, coal or other
    disation (CENELEC) as a 'European Standard (EN)' or
                                                                              solid fuels; or
    'Harmonisation Document (HD)' according to the
    Common Rules of those organisations or by the
                                                                         (ii) the provision of airport, maritime or inland port,
    European Telecommunications Standards Institute
                                                                              or other terminal facilities to carriers by air, sea,
     (ETSI) as a 'European Telecommunications Standard
                                                                              land, or inland waterway;
     (ETS)'.
                                                                   (c) the management of networks providing a service to the
10. A 'common technical specification' is a technical                   public in the field of transport by railway, tramway,
     specification drawn up in accordance with a procedure              trolley bus, or bus.
     recognized by the Community with a view to uniform
     application in all Member States and published in the              As regards transport services, a network shall be
     Official Journal of the European Communities.                       considered to exist where the service is provided under
                                                                         operating conditions laid down by a competent
                                                                         authority of a Member State, including conditions on
 11.A 'European technical approval' is a favourable                      the routes to be served, the capacity to be made
     technical assessment of the fitness for use of a product            available, and the frequency of the service;
     for a particular purpose, based on fulfilment of the
     essential requirements forbuilding works, by means of          (d) the operation of public telecommunications networks
     the inherent characteristics of the product and the                 or the provision of one or more telecommunications
     defined conditions of applications and use, as provided             services to the public.
     for in the Council Directive 89/106 (1). The European
     technical approval shall be issued by an approval body         3. For the purposes of applying paragraph 1(b), a
     designated for this purpose by the Member State.               contracting entity shall be considered to operate on the
                                                                    basis of special or exclusive rights in particular when:
                                                                    (a) for the purpose of engaging in an activity to which
                                                                         paragraph 2 refers, it is obliged to obtain prior
                            Article 2                                    authorisation from a competent authority of the
                                                                          relevant Member State;
 1. The provisions of this Directive shall apply to                 (b) for the purpose of constructing the networks or
 contracting entities which:                                              facilities to which paragraph 2 refers, it may take
                                                                          advantage of a procedure for the expropriation or use
                                                                          of property or may place network equipment on, under
 (i) OJ No L 40, 11. 2. 1989, p. 12.                                      or over the public highway;
 ---pagebreak---  No C 264/26                              Official Journal of the European Communities                                  16. 10. 89
 (c) In the case of paragraph 2(a) it supplies a network             ownership, financial participation, or the rules which
       which is itself managed by an entity on the basis of          govern it. A dominant influence on the part of an
       special or exclusive rights or an authorisation granted       undertaking shall be presumed when, directly or indirectly
       by a competent authority of a Member State.                   in relation to another undertaking, it:
 4. Contracting entities providing bus transport services to         — holds the major part of the undertaking's subscribed
 the public within the meaning of paragraph 2(c) shall be                capital, or
 excluded from the provisions of this Directive provided
 that other entities are free to provide those services, either      — controls the majority of the votes attaching to shares
 in general or in a particular geographical area, under the             issued by the undertakings, or
 same conditions as the contracting entities;
                                                                    — can appoint more than half of the members of the
 5. The contracting entities identified in Annexes I to X               undertaking's administrative, managerial or super-
 fulfil the criteria set out above.                                     visory body.
                                                                     4. This Directive shall apply to contracts awarded by
                                                                    contracting entities whose activities are described in Article
                            Article 3                               2 (2)(a)(i), in so far as the contracts are in connection with
                                                                    hydraulic engineering projects, irrigation, land drainage or
                                                                    the disposal or treatment of sewage.
When awarding supply, works or software service
contracts the contracting entities shall apply their own
procedures adapted to the provisions of Titles II, III and IV.
                                                                                                Article 5
                                                                     1. Except in the case of public authorities, this Direcive
                            Article 4                               shall not apply to contracts which the contracting entities
                                                                    award exclusively for purposes other than the pursuit of
1. A contracting entity benefiting from a concession in             their activities as described in Article 2(2).
relation to an activity described in Article 2(2)(a)(l) may
award supply or works contracts without complying with              2. The contracting entities referred to in paragraph 1
the provisions of Titles II, III and IV when it intends to          shall notify the Commission of any activities they regard as
award such contracts to undertakings with which it is               covered by the exclusion referred to in paragraph 1. The
associated or affiliated, provided that for those cases where       Commission shall periodically publish lists of those
the concession contract of which it is a beneficiary has been       activities which it considers to be covered by this exclusion,
concluded after the implementation of this Directive:               for information in the Official Journal of the European
                                                                    Communities. In doing so the Commission shall take into
                                                                    account any sensitive commercial aspects the contracting
(a) a call for competition has been made through the
                                                                    entities may point out when forwarding this information.
      publication of a tender notice in the Official Journal of
      the European Communities drawn up in accordance
      with Annex XII; and
                                                                                                Article 6
(b) the entity enclosed a comprehensive list of these
      undertakings with its candidature for the concession,         1. The provisions of this Directive shall not apply to
      and has updated that list following any subsequent            contracts for the supply of products purchased for re-sale
      changes in relationships between the undertakings.            or hire to third parties, provided that the contracting entity
                                                                    enjoys no special or exclusive right to sell or hire such
2. A 'concession' means a contract concluded in writing             products, and other entities are free to sell or hire them
between a contracting entity which is a public authority            under the same conditions as the contracting entity.
within the meaning of Article 1(1) and a contracting entity,
which is not a public authority or a public undertaking,            2. Member States shall notify the Commission of the
whereby the latter accepts the responsibility for construct-        products falling within the scope of paragraph 1 and of any
ing, supplying or managing a network falling within the             relevant legal provisions.
scope of Article 2(2) (a) (i) at its own expense and risk, in
return for a remuneration.
3. An 'associated or affiliated undertaking' means any                                          Article 7
undertaking over which the contracting entity may exercise
directly or indirectly a dominant influence or which may            1. This Directive shall not apply to contracts which
exercise a dominant influence over the contracting entity or        contracting entities, whose activities are described in
which, in common with the contracting entity, is subject to         Article 2(2) (d), award for purchase exclusively in connec-
the dominant influence of another undertaking by virtue of          tion with one or more telecommunications services where
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                              No C 264/27
other entities are free to offer the same services in the same                                Article 11
geographical area and under the same conditions.
                                                                    1. This Directive shall apply to contracts whose value, net
2. Member States shall notify the Commission of the                 of VAT, is not less than:
services falling within the scope of paragraph 1 and any
relevant legal provisions.
                                                                    — ECU 200 000 in the case of supply and software service
                                                                       contracts,
                            Article 8                               — ECU 5 000 000 in the case of works contracts.
This Directive shall not apply to contracts
                                                                    2. In the case of supply contracts the basis for calculating
                                                                    the contract value shall be:
(a) in the case of the contracting entities specified in
     Annex I for the purchase of water;
                                                                   — in the case of fixed term contracts, where their term is 12
                                                                       months or less, the total contract value for its duration,
(b) in the case of contracting entities specified in Annexes           or, where their term exceeds 12 months, its total value
     II, III, IV and V, for the purchase of energy or for the          including the estimated residual value,
     supply of fuels for the production of energy.
                                                                   — in the case of contracts for an indefinite period or in
                                                                       cases where there is doubt as to the duration of the
                            Article 9                                  contracts, the monthly instalment multiplied by 48.
This Directive shall not apply to contracts when their              3. In the case of regular supply contracts or of contracts
execution must be accompanied by special security                   which are to be renewed within a given time, the contract
measures in accordance with the laws, regulations or                value may be established on the basis of:
administrative provisions in force in the Member State
concerned or when the protection of the basic interests of
                                                                    — either the aggregate cost of similar contracts for the
that State's security so requires.
                                                                       same group of products concluded over the previous
                                                                       fiscal year or 12 months, adjusted, where possible for
                                                                       anticipated changes in quantity or value over the
                                                                       subsequent 12 months,
                           Article 10
                                                                    — or the estimated aggregate cost during the 12 months
1. This Directive shall not apply to contracts governed by             following first delivery or during the term of the
different procedural rules and awarded:                                contract, where this is greater than 12 months.
(a) pursuant to an international agreement concluded
     between a Member State and one or more non-member              The selection of the evaluation method shall not be used
     countries and covering supplies or works intended for          with the intention of avoiding the application of this
                                                                    Directive.
     the joint implementation or exploitation of a project by
     the signatory States; every agreement shall be com-
     municated to the Commission, which may consult the             4. In cases where a proposed procurement specifies
     Advisory Committee for Public Contracts set up by              option clauses, the basis for calculating the contract value
     Council Decision 71/306/EEC (*); in the case of                shall be the highest possible total purchase, lease, rental, or
     agreements governing contracts awarded by entities             hire-purchase permissible, inclusive of the option clauses.
     whose activities are defined in Article 2(2) (d), the
     Commission shall consult the Advisory Committee on
     Telecommunications Procurement as referred to in               5. Contracts may not be split up with the intention of
     Article 30;                                                    avoiding the application of this Directive. For the purpose
                                                                    of establishing the contract value for the application of
                                                                    paragraph 1:
(b) to undertakings in a Member State or a non-member
     country in pursuance of an international agreement
     relating to the stationing of troops;                          — the value of products of the same type must be added up
                                                                        when contracts for these products are awarded at the
 (c) pursuant to the particular procedure of an inter-                  same time but in different parts,
     national organization.
                                                                    — the value of all contracts must be added up where a
                                                                        work is the subject of several lots involving separate
 (!) OJ No 185, 16. 8. 1971, p. 15.                                     contracts.
 ---pagebreak--- No C 264/28                              Official Journal of the European Communities                                  16. 10. 89
However, in the case of works contracts contracting                 3. In so far as contracting entities are obliged to publish a
entities may derogate from paragraph 1 in respect of lots           tender notice according to Article 16(1) or do so voluntarily
whose net of value added tax, does not exceed ECU                   according to Article 16(2)(a), they shall record in that
1 000 000, provided that the aggregate value of those lots          notice, unless it is impossible, the reasons for invoking
does not exceed 20 % of the overall value.                          paragraph 2.
6. The value of works contracts shall include the value of
any products or services which are made available to the
contractor by the contracting entity and which are
necessary for the execution of the contract.                                                   Article 13
                                                                    1. In the absence of European standards, common
                                                                    technical specifications or European technical approvals,
                            TITLE II
                                                                    the technical specifications may be defined by reference to
            Technical specifications and standards                  other standards.
                           Article 12
                                                                    In this case, it is appropriate to make reference in order of
                                                                    preference t o :
1. The technical specifications concerning materials,
products, supplies, or works shall be defined by reference
to national standards implementing European standards or            (a) national standards implementing international stan-
by reference to common technical specifications or                       dards accepted in the country of the contracting entity;
European technical approvals.
                                                                    (b) other national standards of the country of the
2.    Contracting entities may derogate from paragraph 1                 contracting entity;
if:
(a) the standards, European technical approvals or                  (c) any other standard.
      common technical specifications do not include
      provision for establishing conformity, or technical           2. Standards and specifications that indicate performance
      means do not exist for establishing satisfactorily            requirements rather than design or description charac-
      conformity of a product with these standards,                 teristics shall be preferred unless the contracting entity has
      European technical approvals or common technical              objective reasons for considering that such standards are
      specifications;                                               inadequate for the purposes of the contract.
(b) the application of paragraph 1 would prejudice the
      application of Council Directive 86/361/EEC of                3. Technical specifications which mention goods of a
      24 July 1986 on the initial stage of the mutual               specific make or source or of a particular process and which
      recognition of type approval for telecommunications           have the effect of favouring or eliminating certain
      terminal equipment (*); or of Council Decision 87/95/         undertakings shall not be used unless such specifications
      EEC of 22 December 1986 on standardization in the             are indispensable for the subject of the contract. In
                                                                    particular, the indication of trade marks, patents, types or
      field of information technology and telecommuni-
                                                                     specific origin or production shall be prohibited; however,
      cations ( 2 );
                                                                     such an indication accompanied by the words 'or
                                                                     equivalent' shall be authorized where the subject of the
 (c) use of these standards, European technical approvals            contract cannot otherwise be described by specifications
      or common technical specifications would oblige the            which are sufficiently precise and fully intelligible to all
      contracting entity to acquire supplies incompatible            concerned.
      with equipment already in use or would entail
      disproportionate cost or disproportionate technical
      difficulties, but only as part of a clearly defined and
      recorded strategy with a view to a change-over, within
      a determined period, to European standards or                                            Article 14
      common technical specifications or European technical
      approvals;
                                                                     1. Contracting entities shall make available to interested
 (d) the project concerned is of a genuinely innovative              suppliers or contractors on demand the technical specif-
       nature for which use of existing European standards,          ications, concerning materials, products, supplies, or
       European technical approvals or common technical              works which they procure regularly or which they intend to
       specifications would not be appropriate.                      apply to procurement covered by periodic information
                                                                     notices within the meaning of Article 17. Where such
                                                                     technical specifications are based on documents available
  (i) OJ No L 217, 5. 8. 1986, p. 21.                                to interested suppliers or contractors, a reference to those
  (2) OJ No L 36, 7. 2. 1987, p. 31.                                  documents shall be sufficient.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                             No C 264/29
2. Contracting entities shall include the technical specif-             carrying out of the work described therein, on
ications in the general documents or the contractual                    condition that the award is made to the contractor
documents relating to each contract.                                    carrying out such work:
                                                                        — when such works cannot be technically or economi-
                                                                            cally separated from the main contract without
                           TITLE III                                        great inconvenience to the contracting entities,
           Procedures for the award of contracts
                           Article 15                                   — or when such works, although separable from the
                                                                            execution of the original contract, are strictly
                                                                            necessary to its later stages;
1. Contracting entities may choose any of the procedures
described in Article 1(6) provided, subject to paragraph 2, a
call for competition has been made in accordance with               (g) in the case of works contracts, for new works
Article 16.                                                             consisting of the repetition of similar works entrusted
                                                                        to the contractor to which the same contracting entities
                                                                        awarded an earlier contract, provided that such works
2. Contracting entities may use the negotiated procedure                conform to a basic project for which a first contract
without prior call for competition in the following cases:              was awarded after a call for competition. As soon as
                                                                        the first project is put up for tender, notice must be
                                                                        given that this procedure might be adopted and the
(a) in the absence of tenders or where all tenders are                  total estimated cost of subsequent works shall be taken
     irregular in response to an open or restricted pro-                into consideration by the contracting entities when
     cedure ;                                                           they apply the provisions of Article 11. This procedure
                                                                        may only be applied, as a general rule, during the five
                                                                        years following the conclusion of the original contract;
(b) in the case of supply, works and software service
     contracts, when the products, works or services
     involved are manufactured or carried out purely for the
     purpose of research, experiment, study or develop-             (h) for goods quoted and purchased on a commodity
     ment. However, this provision shall not extend to                  market;
     contracts executed for the purpose of ensuring profit or
     of recovering research and development costs;
                                                                   (i) for purchases from suppliers who are bankrupt or
                                                                        being wound up, whose affairs are being administered
(c) when, for technical or artistic reasons, or for reasons             by the court, who have entered into an arrangement
     connected with protection of exclusive rights, the                 with creditors, whose business activities have been
     contract may be executed only by a particular supplier             suspended or who are in any analogous situation
     or contractor;                                                     arising from a similar procedure under national laws
                                                                        and regulations.
(d) in so far as is strictly necessary when, for reasons of
     extreme urgency brought by events unforeseeable by
     the contracting entities, the time limits laid down for
     open and restricted procedures cannot be adhered t o ;
                                                                                              Article 16
(e) in the case of supply and software service contracts, for
     additional deliveries by the original supplier which are
     intended either as a partial replacement of normal             1. Contracting entities which intend to award a contract
     supplies or installations or as the extension of existing     by open procedure shall make known their intention by
     supplies or installations where a change of supplier          means of a tender notice in accordance with Annex XIII A.
     would oblige the contracting entity to acquire material
     having different technical characteristics which would
     result in incompatibility or disproportionate technical       2. Contracting entities which intend to award a contract
     difficulties in operation and maintenance. This               by restricted or negotiated procedure with a prior call for
     procedure may only be applied, as a general rule,             competition may choose to make the call:
     during the five years following the award of the
     original contract;
                                                                    (a) by means of a notice drawn up in accordance with
                                                                        Annex XIII B or Annex XIII C; or
(f) in the case of works contracts, for additional works not
     included in the project initially considered or in the
     contract first concluded but which have, through               (b) by inviting candidates who have qualified in accord-
     unforeseen circumstances, become necessary for the                 ance with a qualification system meeting the conditions
 ---pagebreak--- No C 264/30                              Official Journal of the European Communities                                 16. 10. 89
     of Article 23 which has been the subject of a notice           public or private, or might prejudice fair competition
     drawn up in accordance with Annex XIV.                         between suppliers or contractors, the entities may limit the
                                                                    contents of the notice to the fact that the contract has been
3. A call for competition shall also be considered to have          awarded.
been made by means of a periodic indicative notice within
the meaning of Article 17 on condition that:                        3. The notices referred to in the preceding paragraphs
                                                                    shall be dispatched at the latest 48 days after the award of
(a) the contract relates to supplies, works or software             the contract in question.
     service contracts covered by the notice; and
(b) the notice indicated that the contract would be
                                                                                             Article 19
     awarded by restricted or negotiated procedure; and
                                                                    1. The length of the notices referred to in the preceeding
(c) the contracting entities provide all candidates which
                                                                   Articles shall not exceed one page of the Official Journal of
     have indicated in writing their interest to take part in
                                                                    the European Communities, that is to say approximately
     the procedure with an opportunity to confirm their
                                                                    650 words.
     interest in receiving an invitation on the basis of more
     detailed information relating to the particular contract.
                                                                   2. The contracting entities must be able to supply proof
                                                                   of the date of dispatch.
4. All notices referred to in this Article shall be published
in the Official journal of the European Communities.
                                                                   3. The notices shall be published in full in their original
                                                                   language in the Official Journal of the European Com-
                                                                   munities and in the data bank TED. A summary of the
                                                                   important elements of each notice shall be published in the
                           Article 17                              other official languages of the Community, the original text
                                                                   alone being authentic.
1. Contracting entities shall make known, at least once a
year, by means of a periodic indicative notice drawn up in         4. The Office for Official Publications of the European
accordance with Annexes XV A and B and published in the            Communities shall publish the notices not later than 12
Official Journal of the European       Communities:                days after their dispatch.
(a) in the case of supply and software service contracts, the      Each edition of the Official Journal of the European
    total procurement envisaged for the coming 12 months           Communities which contains one or more notices shall
    for each product area of which the estimated value,            reproduce the model notice or notices on which the
    taking into account the provisions of Article 11, is           published notice or notices are based.
    equal to or greater than ECU 750 000;
                                                                   5. The cost of publication of the notices in the Official
(b) in the case of works contracts, the essential charac-          Journal of the European Communities shall be borne by the
    teristics of the works contracts envisaged of which the        Communities.
    estimated value is equal to or greater than ECU
    5 000 000.
                                                                   6. Contracts in respect of which a notice is published in
                                                                   the Official Journal of the European              Communities
2. A periodic notice need not include information on               pursuant to Article 16(1) or (2) (a) shall not be published in
contracts which would prejudice the legitimate commercial          any other way before that notice has been dispatched to the
interests of the contracting entity.                               Publications Office of the European Communities. Such
                                                                   publications shall not contain information other than that
                                                                   published in the Official Journal of the European
                                                                    Communities.
                           Article 18
1. Contracting entities which have awarded a contract
shall make known the results of the procedure by means of                                    Article 20
a notice published in the Official Journal of the European
Communities. The notice shall be drawn up in accordance             1. In open procedures the time limit for the receipt of
with Annex XVI.                                                    tenders shall be fixed by contracting entities at not less than
                                                                   40 days from the date of publication of the notice.
2. Where publication of the information envisaged in the
model notice would impede law enforcement or otherwise              2. In restricted procedures and in negotiated procedures
be contrary to the public interest or would prejudice the           with a prior call for competition, the following arrange-
legitimate commercial interest of particular undertakings,          ments shall apply:
 ---pagebreak--- 16. 10. 89                                 Official Journal of the European Communities                              No C 264/31
— where a notice is published in acordance with Article               4. Contracting entities shall invite selected candidates
    16(2)(a), the time for receipt of requests to participate         simultaneously and in writing. The letter of invitation shall
    shall, as a general rule, be at least three weeks and shall       be accompanied by the contract documents and supporting
    in any case not be less than 10 days from the date of             documents. It shall include at least the following inform-
    publication of the tender notice;                                 ation :
— the time for receipt of tenders may be fixed by mutual              (a) the address from which any additional documents can
    agreement between the contracting entity and the                       be requested and the final date for making such a
    selected candidates, provided that all tenderers are given             request; also the amount and terms of payment of any
    equal time to prepare and submit tenders;                              sum to be paid for such documents;
— where it is not possible to reach agreement on the time             (b) the final date for receipt of tenders, the address to
    limit for the receipt of tenders, the contracting entity               which they must be sent and the language or languages
    shall fix a time limit which shall, as a general rule, be at           in which they must be drawn up;
    least three weeks and shall in any case not be less than
    10 days from the date of the invitation to tender and             (c) a reference to the tender notice published;
    which shall be sufficiently long to take account of the
    complexity of the specifications, the need to examine in
    detail contract documents, supporting documents or                (d) an indication of any document to be annexed;
    additional information as well as the need for site-visits
    or on-the-spot examination of essential reference                 (e) the criteria for the award of the contract if these are not
    documents.                                                             given in the notice.
3. Contracting entities which wish to award a concession              5. Requests to participate in contracts and invitations to
in the water sector, pursuant to Article 4(1), shall fix a time       tender may be made by letter, telegram, telex, telefax or
limit for receipt of candidatures which shall be not less than        telephone. If by one of the last four, they must be confirmed
40 days from the date of publication of the notice.                   by letter dispatched before the end of the period laid down
                                                                      in Article 20(2).
                           Article 21
                                                                                                 TITLE IV
In the contract documents, the contracting entity may ask                    Qualification, selection and award of contracts
the tenderer to indicate in his tender any share of the
                                                                                                 Article 23
contract he may intend to subcontract to third parties.
This indication shall be without prejudice to the question            1. The qualification of suppliers or contractors and their
of the principal contractor's responsibility.                         selection to participate in restricted or negotiated pro-
                                                                      cedures shall be based on criteria that are objective and
                                                                      non-discriminatory. Contracting entities shall not, in
                                                                      particular:
                            Article 22
                                                                       (a) impose obligations of an administrative, technical or
                                                                            financial nature on some suppliers or contractors that
 1. Provided they have been requested in good time, the                     are not imposed on others;
contract documents and supporting documents must be
sent to the suppliers or contractors by the contracting
entities as a general rule within six working days of                  (b) require tests or proofs that duplicate objective evidence
 receiving their application.                                               already available.
                                                                       2. The criteria for exclusion specified in Article 23 of
 2. Provided it has been requested in good time, additional
                                                                       Directive 71/305/EEC and in Article 20 of Directive 77/62/
 information relating to the contract documents shall be
                                                                       EEC shall be considered objective and non-discriminatory.
 supplied by the contracting entities not later than six days
 before the final date fixed for receipt of tenders. In the case
 of Article 17 (4), the time limit may be reduced to four days.        3. Contracting entities shall lay down the criteria and
                                                                       rules according to which they will qualify or select
                                                                       candidates. These criteria and rules shall be made available
 3. Where tenders require the examination of voluminous                on demand to any interested supplier or contractor.
 documentation such as lengthy technical specifications, a
 visit to the site or an on-the-spot inspection of the
 documents supporting the contract documents, this shall be            4. Contracting entities shall respect the confidential
 taken into account in fixing the appropriate time limits.             nature of information made available by suppliers or
 ---pagebreak--- No C 264/32                              Official Journal of the European Communities                                    16. 10. 89
contractors for the purposes of qualification, selection or         by the need to balance the particular characteristics of the
participation in a contract procedure.                              contract procedure and the resources required to complete
                                                                    it.
                                                                    2. Groupings of suppliers or contractors may not be
                          Article 24                                refused as regards the submission of tenders or particip-
                                                                    ation in a contract procedure. Groupings shall not be
                                                                    required to assume a specific legal form in order to submit a
1. Contracting entities which operate a system of                   tender or to negotiate. However, should a grouping be
qualification of suppliers or contractors shall take a              awarded the contract it may be required to do so, provided
decision as to qualification within a period of six months          that a specific legal form is necessary for the satisfactory
from the presentation of an application unless for objective        performance of the contract.
reasons notified to the applicant within two months of the
application a longer period is necessary. In such cases, the
contracting entity shall inform the applicant of the reasons
justifying the longer period and of the date by which its
application will be accepted or refused.
                                                                                              Article 26
2. Applicants whose qualification is refused shall be
informed of this decision and the reasons for refusal. The          1. The criteria on which the contracting entities shall base
reasons must be based on the criteria for qualification             the award of contracts shall be:
referred to in Article 23(1).
                                                                    (a) the most economically advantageous tender, involving
3. A written record of qualified suppliers or contractors                various criteria such as: delivery date, period for
shall be kept, which may be divided into categories                      completion, running costs, cost-effectiveness, quality,
according to the type of contract for which the qualifi-                 aesthetic and functional characteristics, technical
cation is valid.                                                         merit, after-sales service and technical assistance,
                                                                         commitments with regard to spare parts, security of
                                                                         supplies, price; or
4. Contracting entities may bring the qualification of a
supplier or contractor to an end only for reasons justified
by the criteria referred to in Article 23(1). The intention to
                                                                    (b) the lowest price only.
bring a qualification to an end must be notified in writing in
advance to the supplier or contractor, together with the
reason or reasons justifying the proposed action.
                                                                    2. In the case referred to in paragraph 1(a), the
                                                                    contracting entities shall state in the contract documents or
5. Where the qualification system is of indefinite                  in the tender notice all the criteria they intend to apply to
duration, it shall be the subject of a notice drawn up in           the award, where possible in descending order of
accordance with Annex XIII and published annually in the            importance.
Official Journal of the European Communities, indicating
the purpose of the qualification system and the availability
                                                                    3. Where the criterion for the award of the contract is that
of the rules concerning its operation.
                                                                    of the most economically advantageous tender, contracting
                                                                    entities may take account of variants which are submitted
6. Where the qualification system is not of indefinite              by a tenderer and meet the minimum specifications
duration, it shall be the subject of a notice in the Official       required by the contracting entities. Contracting entities
Journal of the European Communities, indicating in                  shall state in the contract documents the minimum
addition to the information required by paragraph 5, the            specifications to be respected by the variants and any
duration of the system which shall not be longer than a             specific requirements for their presentation. They shall
period of three years.                                              indicate in the contract documents if variants will not be
                                                                    considered.
                                                                    4. Contracting entities shall not reject offers concerning
                           Article 25                               works contracts for reasons related to the technical
                                                                     specifications laid down in the contract documents if the
                                                                     products described in the offer are fit for their intended use,
 1. Suppliers or contractors which have requested to                 that is, have such characteristics that the works in which
participate in a contract procedure may not be excluded              they are to be incorporated, assembled, applied or installed
 from the procedure for reasons other than those laid down           can, if properly designed and built, satisfy the essential
 by the contracting entity and available from it on demand.          requirements within the meaning of Directive 89/106/EEC,
 Such reasons may include the objective need of the entity to        when and where this is required by the regulations
 reduce the number of candidates to a level which is justified       concerning given works.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                                No C 264/33
5. If, for a given contract, tenders appear abnormally low          2. Subject to paragraph 3, an offer which is equivalent to
in relation to the transaction, before it may reject those          one falling within the scope of paragraph 1 but which itself
tenders the contracting entity shall request in writing             falls outside the scope of that paragraph shall be preferred.
details of the constituent elements of the tender which it          The price of such an offer shall be considered equivalent
considers relevant and shall verify those constituent               provided it does not exceed the price of the offer falling
elements taking account of the explanations received. It            within the scope of paragraph 1 by more than 3 %.
shall in particular enquire whether the tenderer is in receipt
of any form of State aid and whether the aid has been               3. However, an offer shall not be preferred to another
notified to and received the approval of the Commission             pursuant to paragraph 2 where its acceptance would oblige
pursuant to Article 93(3) of the Treaty.                            the contracting entity to acquire material having different
                                                                    technical characteristics from existing material which
                                                                    would result in incompatibility or disproportionate
The conracting entity may take into consideration
                                                                    technical difficulties in operation and maintenance.
explanations which are justified on objective grounds
including the economy of the construction or production
method, or the technical solutions chosen, or the                   4.    For the purposes of this Article:
exceptionally favourable conditions available to the
tenderer for the execution of the contract, or the originality      (a) the value of products manufactured outside the
of the product or the work proposed by the tenderer.                     Community shall include the value of all finished or
                                                                         semi-finished products imported, directly or indirectly,
                                                                         from non-member countries;
Tenders which are abnormally low due to the receipt of a
State aid may be rejected if the aid in question has not been
                                                                    (b) the value of services performed outside the Community
notified to the Commission pursuant to Article 93(3) of the
                                                                         shall include the value of all activities performed on the
Treaty or has not received the Commission's approval.
                                                                         territory of non-member countries that contribute to
Contracting entities which reject a tender under these
                                                                         the rendering of the services covered by the contract.
circumstances shall inform the Commission.
                                                                    5. This Article shall not apply to offers of non-member
                                                                    country origin to which the benefit of the provisions of this
                                                                    Directive has been extended by a decision of the Council,
                          Article 27                                acting by qualified majority on a proposal from the
                                                                    Commission, pursuant to an agreement between the
                                                                    Community and a non-member country, within the GATT
 1. Article 26(1) shall not apply when a Member State
                                                                    framework or otherwise.
 bases the award of contracts on other criteria within the
 framework of rules existing at the time this Directive is
 adopted whose aim is to give preference to certain
 tenderers, on condition that those rules are compatible                                       Article 29
 with the Treaty.
                                                                     1. The value in national currencies of the thresholds
 2. Without prejudice to paragraph 1, this Directive shall           specified in Article 11 shall in principle be revised every two
 not prevent, until 31 December 1992, the application of             years with effect from 1 January 1992. The calculation of
 existing national provisions on the award of public supply          such value shall be based on the average daily values of
 or works contracts which have as their objective the                these currencies in terms of the ecu over the 24 months
 reduction of regional disparities and the promotion of job          terminating on the last day of October immediately
 creation in regions whose development is lagging behind             preceding the 1 January revision. The values shall be
 and in declining industrial regions, on condition that the          published in the Official Journal of the European
 provisions concerned are compatible with the Treaty and             Communities at the beginning of November.
 with the Community's international obligations.
                                                                     2. The method of calculation laid down in paragraph 1
                                                                     shall be examined, on the Commission's initiative, by the
                                                                     Advisory Committee for Public Contracts, in principle two
                                                                     years after its initial application. In the case of entities
                            TITLE V                                  whose activities are defined in Article 2(2) (d), the method
                        Final provisions                             of calculation shall also be examined by the Advisory
                                                                      Committee on Telecommunications Procurement.
                           Article 28
  1. Without prejudice to the obligations of the Com-                                           Article 30
  munity or its Member States in relation to non-member
  countries, any offer may be rejected when more than half of         1. The Commission shall be assisted, as regards procure-
  the price offered represents the value of products                  ment by the contracting entities whose activities are defined
  manufactured or services performed outside the Com-                 in Article 2(2) (d), by a committee of an advisory nature
  munity or a combination thereof.                                    which shall be the Advisory Committee on Telecommuni-
 ---pagebreak--- No C 264/34                                Official Journal of the European Communities                                  16. 10. 89
cations Procurement. The Committee is composed of the                      or European technical approvals, pursuant to Ar-
representatives of the Member States and chaired by the                    ticle 12(2), or the reasons for not applying performance
representative of the Commission.                                          standards and specifications pursuant to Article 13(2);
2.    The Commission shall consult this Committee on:                 (b) information on decisions concerning the qualification,
                                                                           non-qualification or termination of a qualification of
(a) amendments to Annex X ;                                                undertakings, pursuant to Article 24. These records
                                                                           shall be sufficiently detailed to permit an evaluation to
(b) revision of the thresholds;                                            be made of the criteria used and the manner of their
                                                                           application;
(c) procurement rules established under international
      agreements;                                                     (c) the information on contracts awarded provided to
                                                                           interested companies or withheld, pursuant to Arti-
(d) the review of the operation of this Directive.                         cle 18(2);
                                                                      (d) information on cases of reliance on restricted or
                                                                           negotiated procedures without prior call for competi-
                           Article 31                                      tion;
 1.   Annexes I to X may be amended by the Commission                 (e) the criteria used and the manner of their application
                                                                           with regard to the selection of candidates pursuant to
 (a) to delete entities to which the Annexes refer because                 Articles 23 and Article 25;
      they no longer fulfil the criteria for their inclusion set
      out in Article 2 (1);                                           (f) the criteria used and the manner of their application
                                                                           with regard to the award of the contract pursuant to
 (b) to include entities which meet those criteria;                        Article 26.
 (c) to take account of amendments to the legal instruments           2. The information shall be kept for a period not less than
      to which the Annexes I to IX refer which do not involve         the limitation period under the relevant national law and
      the deletion or inclusion of entities in accordance with        shall be made available to the Commission on demand.
       (a) and (b).
 2. Amendments to Annexes I to IX shall be made by the
 Commission after consulting the Advisory Committee for                                           Article 33
 Public Contracts, set up by Decision 71/306/EEC. In the
 case of Annex X, the Advisory Committee on Telecom-
 munications Procurement shall be consulted.                           Member States shall communicate to the Commission,
                                                                       each year at the latest on 31 October for the preceding
                                                                       calendar year, a statistical report concerning the contracts
 The chairman of the Committee shall submit to the                     awarded by the entities defined in Article 2 and broken
 Committee any necessary draft revisions. The Committee                down between the categories of activities to which Annex I
 shall deliver its opinion on the draft, if necessary by taking a      to X refer. Such a report shall at least include:
 vote, within a time limit to be laid down by the chairman.
                                                                       (a) for each of these categories by number and total value
  The opinion shall be recorded in the minutes. In addition,
  each Member State shall have the right to ask to have its                 of contracts covered by this Directive
  position recorded in the minutes.
                                                                            — the breakdown between supply, software service
  3. Amended versions of the annexes shall be published for                     and works contracts,
  information in the Official Journal of the European
  Communities.                                                              — the breakdown between the means of call for
                                                                                competition provided for in Article 16,
                                                                            — the breakdown between contracts awarded to
                            Article 32
                                                                                suppliers inside and outside the Community and
                                                                                from each of the Member States,
   1. Contracting entities shall keep appropriate inform-
  ation on each contract award procedure which are
                                                                             — the proportion of contracts awarded by negotiated
  sufficient to permit the contracting entity at a later date to
                                                                                procedures without prior call for competition,
  give:
   (a) the reasons underlying the use of standards other than           (b) for each of these categories the total value of contracts
        European standards, common technical specifications                  which fall below the thresholds specified in Article 11
 ---pagebreak--- 16. 10. 89                                Official Journal of the European Communities                             No C 264/35
     and which would otherwise have been covered by this             with the Advisory Committee for Public Contracts, shall
     Directive and broken down between supply, software              review the manner in which this Directive has operated and
     service and works contracts;                                    its field of application and, if necessary, make further
                                                                     proposals to adapt it, in the light of developments
(c) for the category of the entities whose activities are            concerning in particular progress in market opening and
     defined in Article 2(2) (d), evidence that the levels of        the level of competition within and between the sectors
     progressive implementation of this Directive es-                concerned. In the case of entities whose activities are
     tablished in Article 36 are complied with.                      defined in Article 2(2) (d), the Commission shall act in close
                                                                     cooperation with the Advisory Committee on Telecom-
                           Article 34                                munications Procurement.
1. Article 2(2) of Directive 77/62/EEC is hereby replaced
by the following:                                                                              Article 36
    '2.    This Directive shall not apply to:                        1. In the case of supplies and software service contracts
                                                                     awarded by entities whose activities are defined in Article
    (a) the award of public supply contracts by contracting          2(2)(d) the provisions of this Directive shall apply t o :
         authorities in the field covered by the provisions of
          Council Directive ...(*);                                  — at least 70 % in estimated value of the procurement
                                                                         procedures carried out in the year 1992,
    (b) supplies which are declared secret or when their
         delivery must be accompanied by special security            — all procurement carried out from 1 January 1993
          measures in accordance with the laws, regulations              onwards.
         or administrative provisions in force in the Member         2. Notwithstanding paragraph 1, the provisions of
         State concerned or when the protection of the basic
                                                                     Article 17 shall apply to all supply and software service
          interests of that State's security so require.
                                                                     contracts from 1 January 1993.
(*) OJ No L...'                                                                                 Article 37
2. Article 3(4) and (5) of Directive 71/305/EEC, as                  1. Member States shall adopt the measures necessary to
amended by Directive... (*), is hereby replaced by the               comply with this Directive by 1 January 1992. They shall
following:                                                           inform the Commission thereof.
    '4. This Directive shall not apply to the award of               The provisions adopted pursuant to the first subparagraph
    public works contracts by contracting authorities in the         shall make express reference to this Directive.
    field covered by the provisions of Council Directive
    ...(*)•                                                          2. Recommendation 84/550/EEC is withdrawn with
                                                                     effect from 31 December 1991.
(•) OJ No L ...'
                                                                                                Article 38
                            Article 35                               Member States shall ensure that the texts of the basic
                                                                     provisions of domestic law, whether laws, regulations or
Not later than four years after the coming into force of this        administrative provisions, which they adopt in the field
Directive, the Commission, acting in close cooperation               covered by this Directive, are communicated to the
                                                                     Commission.
0) Proposal for a Council Directive amending Directive 71/305/
    EEC concerning the coordination of procedures for the award                                 Article 39
    of public works contracts [COM(88) 354 final of 20 June
    1988].                                                            This Directive is addressed to the Member States.
 ---pagebreak--- No C 264/36                     Official Journal of the European Communities                                            16. 10. 89
                                                         ANNEXES
          ANNEX I:     Contracting entities in the field of the production, transport or distribution of drinking water
          ANNEX II:    Contracting entities in the field of the production, transport or distribution of electricity
          ANNEX III:   Contracting entities in the field of the transport or distribution of gas or heat
          ANNEX IV:    Contracting entities in the field of exploration for and extraction of oil or gas
          ANNEX V:     Contracting entities in the field of exploration for and extraction of coal or other solid fuels
          ANNEX VI:    Contracting entities in the field of railway services
          ANNEX VII:   Contracting entities in the field of urban railway, tramway, trolley bus or bus services
          ANNEX VIII:  Contracting entities in the field of airport facilities
          ANNEX IX:    Contracting entities in the field of maritime or inland port or other terminal facilities
          ANNEX X:     Contracting entities in the field of telecommunications
          ANNEX XI:    Professional activities in the building and civil engineering sector
          ANNEX XII:   Notice concerning water concession contracts
           ANNEX XIII: A. Tender notice related to open procedures
                       B. Notice related to restricted procedures
                       C. Notice related to negotiated procedures
           ANNEX XIV:  Notice on the existence of a qualification system
           ANNEX XV:   Periodic notice
                       A. Concerning supply and software service contracts
                       B. Concerning works contracts
           ANNEX XVI:  Notice on contracts awarded
 ---pagebreak--- 16. 10. 89                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                           No C 264/37
                                                                 ANNEX 1
                          PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER
           BELGIUM
           Entity set up pursuant to the Decret du 2 juillet 1987 de la region wallonne erigeant en entreprise regionale de
           production et d'adduction d'eau le service du ministere de la region charge de la production et du grand
           transport d'eau.
           Entity set up pursuant to the Arrete du 23 avril 1986 portant constitution d'une societe wallonne de distribution
           d'eau.
           Entity set up pursuant to the Arrete du 17 juillet 1985 de I'executif flamand portant fixation des statuts de la
           societe flatnande de distribution d'eau.
           Entities producing or distributing water and set up pursuant to the Loi relative aux intercommunales                      du
           22 decembre 1986.
           Entities producing or distributing water set up pursuant to the Code communal, article 147bis, ter et quater, sur
           les regies communales.
           DENMARK
           Entities producing or distributing water referred to in article 3, paragraph 3 of Lov om vandforsyning m.v. af
           4.juli 1985.
           GERMANY
           Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen               or Eigenbetriebsgesetze of
           the Lander.
           Entities producing or distributing water pursuant to the Gesetze iiber die Kommunale Gemeinschaftsarbeit                oder
           Zusammenarbeit of the Lander.
           Entities producing water pursuant to the Gesetz iiber Wasser- und Bodenverbande vom 10. Februar 1937 and
           the erste Verordnung iiber Wasser- und Bodenverbande vom 3. September 1937.
           (Regiebetriebe) producing or distributing water pursuant to the Gemeindeordnungen                    der Lander.
           Entities set up pursuant to the Aktiengesetz vom 6. September 1965 geandert 19. Dezember 1985 or GmbH-
           Gesetz vom 20. Mai 1898 geandert 15. Mai 1986 or having the legal status of a                        Kommanditgesellschaft,
           producing or distributing water on the basis of a Konzessionsvertrag granted by regional or local authorities.
           GREECE
           The Water Company of Athens (Exaipeia YSpevaecoQ — AnoxeTSvaecoq IJpcoTeoovang) set up pursuant to law
            1068/80 of 23 August 1980.
           The Water Company of Salonic (Opyaviofiog YSpevaecoQ GeooaXoviicnc;) operating pursuant to presidential
           decree 61/1988.
           The Water Company of Volos (Exaipeia YSpeooecoq Bokov) operating pursuant to law 890/1979.
            Municipal Companies (AnporiKEQ EniXEipfioeiQ oSpevonQ-anoxeTevang) producing or distributing water and
            set up pursuant to law 1069/80 of 23 August 1980.
            Associations of Local Authorities (ZovSeapoi 'Ydpevonq) operating pursuant to the Code of Local Authorities
            (KcbSiKai; Ar/pcov Kai KoivoTr/rcov) implemented by presidential decree 76/1985.
            SPAIN
            Entities producing or distributing water pursuant to the Ley n° 7/1985 de 2 de abril de 1985. Reguladora de las
            Bases del Regimen local and to the Decreto Real n° 781/1986 Texto Refundido Regimen Local.
            FRANCE
            Entities producing or distributing water pursuant to the:
            Code des communes L 323-1 a L 328-8, R 323-1 a R 323-6 (dispositions generates sur les regies).
            Code des communes L 323-8 R 323-4 [Regies directes (ou de fait)J; or
 ---pagebreak--- No C 264/38                             Official Journal of the European Communities                                       16. 10. 89
          Decret-loi du 28 decembre 1926, Reglement d'administration publique du 17 fevrier 1930, code des communes
          L 323-10 a L 323-13 R 323-75 a 323-132 (regies a simple autonomic financiere); or
          Code des communes L 323-9, R 323-7 a R 323-74, decret du 19 octobre 1959 (regies a personnalite morale et a
          autonomic financiere); or
          Code des communes L 324-1 a L 324-6, R 324-1 a R 324-13 (gestion deleguee, concession et affermage); or
          Jurisprudence administrative,    Circulaire interieure du 13 decembre 1975 (gerance); or
          Code des communes R 324-6, Circulaire interieure du 13 decembre 1975 (regie interessee); or
          Circulaire interieure du 13 decembre 1975 (exploitation aux risques et perils); or
          Decret du 20 mai 1955, Loi du 7 juillet 1983 sur les societes d'economie mixte (participation a une societe
          d'economie mixte); or
          Code des communes L 322-1 a L 322-6, R 322-1 a R 322-4 (dispositions communes aux regies, concessions et
          affermages).
          IRELAND
          The Dublin     Corporation.
          Entities producing or distributing water pursuant to The Public Health (Ireland) Act 1878, the Water Supplies
          Act 1942, the Sanitary Services Act 1964.
          ITALY
          Entities producing or distributing water pursuant to the Testo Unico delle leggi sull'assunzione diretta dei
          pubblici servizi da parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and
          to the Decreto del P.R. n. 902 del 4 ottobre 1986.
          Ente Autonomo     Acquedotto    Pugliese set up pursuant to RDL 19 ottobre 1919, n. 2060.
          Ente Acquedotti Siciliani set up pursuant to leggi regionali 4 settembre 1979, n. 212e 9 agosto 1980, n. 81.
          Ente Sardo Acquedotti e Fognature set up pursuant to legge 5 luglio 1963 n. 9.
          LUXEMBOURG
          Local authorities distributing water.
          Associations of local authorities producing or distributing water set up pursuant to the Loi du 14 fevrier 1900
          concernant la creation des syndicats de communes telle qu'elle a ete modifiee et completee par la Loi du
          23 decembre 1958 et par la Loi du 29 juillet 1981 and pursuant to the Loi du 31 juillet 1962 ayant pour objet le
          renforcement de I'alimentation en eau potable du Grand-Duche du Luxembourg a partir du reservoir d'Esch-
          sur-Sure.
          NETHERLANDS
          Entities producing or distributing water pursuant to the Waterleidingwet van 6 april 1957, amended by de
          Wetten van 30juni 1967,10 September 1975,23juni 1976,30 September 1981,25 januari 1984,29januari 1986.
          PORTUGAL
          Empresa Publica das Aguas Livres producing or distributing water pursuant to Decreto-Lei 190181 de 4 de
          Julho de 1981.
          Local authorities producing or distributing water.
           UNITED KINGDOM
           Water authorities and companies producing or distributing water pursuant to the Water Acts 1945, 1973 and
           1983.
           The Central Scotland Water Development Board producing water and the water authorities producing or
           distributing water pursuant to the Water (Scotland) Act 1980.
           The Department of the Environment for Northern Ireland responsible for producing and distributing water
           pursuant to the Water and Sewerage (Northern Ireland) Order 1973.
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                                                                   ANNEX 11
                              PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY
           BELGIUM
           Entities producing, transporting or distributing electricity pursuant to Article 5: Des regies communities et
           intercommunities of the Loi du 10 mars 1925 sur les distributions d'energie electrique.
           Entities transporting or distributing electricity pursuant to the Loi relative aux intercommunales                du
           22 decembre 1986.
           EBES, INTERCOM, UNERG and other entities producing, transporting or distributing electricity and granted
           a concession for distribution pursuant to Article 8 — les concessions communales et intercommunales of the Loi
           du 10 mars 1925 sur les distributions d'energie electrique.
           The Societe publique de production d'electricite (SPE).
           DENMARK
           Entities producing or transporting electricity on the basis of a licence pursuant to §3, stk. 1 of the Lov nr. 54 af
           25. februar 1976 om elforsyning, jf. Bekendtgorelse nr. 607 af 17. december 1976 om elforsyningslovens
           anvendelsesomrdde.
           Entities distributing electricity as defined in §3, stk. 2 of the Lov nr. 54 af 25. februar 1976 om elforsyning, jf.
           Bekendtgorelse nr. 607 af 17. december 1976 om elforsyningslovens anvendelsesomrdde and on the basis of
           authorizations for expropriation pursuant to articles 10 to 15 of the Lov om elektriske stxrkstmmsanlaig,          jf.
           Lovbekendtgorelse nr. 669 af 28. december 1977.
           GERMANY
           Entities producing, transporting or distributing electricity as defined in § 2 // of the Gesetz zur Forderung der
           Energiewirtschaft (Energiewirtschaftsgesetz) vom 13. Dezember 1935.
           GREECE
           The Arjfidaia Emxeiprjan HksKTpiafioo (Public Power Corporation) set up pursuant to the law 1468 of 2 August
           1950. riepi iSpoaecog Arj/ioaia<; Enixeipr/GEctx; HXeKxpiapiov and operating pursuant to the law 57/85. Aopr\,
           poXoq Km xponoQ SioiKnanq KCU Xsixovpyiaq xnq KoivcoviKonoin/nevng An/xdaiaq EnixeipnariQ HAeKxpiopiou.
           SPAIN
           Entities producing, transporting or distributing electricity pursuant to article 1 of the Decreto Ley de 12 de
           marzo de 1954 approving the Reglamento de Verificaciones Electricas y Regularidad en el suministro de
           Energia.
           Red Electrica Espana (REDESA) set up pursuant to Decreto Real n° 91 de 23 de enero de 1985.
           FRANCE
           Electricite de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation         de
           I'electricite et du gaz.
           Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 oiLoi 48/1260
           du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la
           nationalisation de I'electricite et du gaz.
           Compagnie Nationale du Rhone.
           IRELAND
           The Electricity Supply Board (ESB) set up and operating pursuant to the Electricity Supply Act 1927.
           ITALY
           Ente Nazionale per I'Energia elettrica set up pursuant to legge n. 1643, 6 dicembre 1962 approvato con Decreto
           n. 1720, 21 dicembre 1965.
           Entities operating on the basis of a concession pursuant to article 4, n. 5 or 8 of Legge 6 dicembre 1962, n. 1643
           — Istituzione dell'Ente nazionale per I'energia elettrica e trasferimento ad esso delle imprese esercenti le
           industrie elettriche.
           Entities operating on the basis of concession pursuant to article 20 of Decreto del Presidente della Repubblica
            18 marzo 1965, n. 342 Norme integrative della legge 6 dicembre 1962, n. 1643 e norme relative al
           coordinamento e all'esercizio delle attivita elettriche esercitate da enti ed imprese diverse dell'Ente nazionale per
           I'Energia elettrica.
 ---pagebreak--- No C 264/40                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                16. 10. 89
          LUXEMBOURG
          Compagnie grand-ducale d'electricite de Luxembourg producing or distributing electricity pursuant to the
          Convention du 11 novembre 1927 concernant I'etablissement et l'exploitation des reseaux de distribution
          d'energie electrique dans le Grand-Duche du Luxembourg approuvee par la.hi du 4 Janvier 1928.
          Societe electrique de I'Our (SEO).
          Syndicat de Communes          SIDOR.
          Entities producing electricity pursuant to the Accord du ler Janvier 1960 entre le Gouvernement et les petites
          centrales hydro-electriques privees concernant la fourniture d'energie electrique au reseau public.
          Entities distributing electricity pursuant to article 5 of the Convention du 11 novembre 1927 concernant
          I'etablissement et I'exploitation des reseaux de distribution d'energie electrique dans le Grand-Duche du
          Luxembourg, approuves par la loi du 4 Janvier 1928.
          NETHERLANDS
          Elektriciteitsproduktie    maatschappij Oost-Nederland          (EPON).
          Elektriciteitsbedrijf   Utrecht-Noord-Holland-Amsterdam            (UNA).
          Elektriciteitsbedrijf  Zuid-Holland     (EZH).
          Elektriciteitsproduktiemaatschappij       Zuid-Nederland       (EPZ).
          Provinciale Zeeuwse Energie Maatschappij              (PZEM).
          Samenwerkende       Elektriciteitsproduktiebedrijven       (SEP).
          Entities distributing electricity on the basis of a licence {Vergunning) granted by the provincial authorities
          pursuant to the Provinciewet van 25 januari 1962.
          PORTUGAL
          Electricidade de Portugal (EDP) set up pursuant to Decreto Lei 502/76 de 30 de Junho de 1976.
          Entities distributing electricity pursuant to Artigo 1°. — Decreto Lei 344-B/82 de 1 de Setembro de 1982,
          amended by Decreto Lei 297/86 de 19 de Setembro de 1986.
          UNITED KINGDOM
           Central Electricity Generating Board (CEGB), and the Areas Electricity Boards producing, transporting or
          distributing electricity pursuant to the Electricity Supply Act 1926, Electricity Act 1947 and the Electricity Act
           1957.
           The North of Scotland Hydro-Electricity Board (NSHB) set up pursuant to the Hydro Electric          Development
           (Scotland Act 1943) and the Electricity Act 1947.
           The South of Scotland Electricity Board (SSEB) set up pursuant to the South of Scotland Electricity Order
           Confirmation Act 1956.
           The Northern Ireland Electricity Service (N1ES) set up pursuant to the Electricity Supply (Northern       Ireland)
           Order 1972.
                                                                     ANNEX 111
                                        TRANSPORT OR DISTRIBUTION OF GAS OR HEAT
            BELGIUM
            Distrigaz SA operating pursuant to the Loi du 29 juillet 1983.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                                             No C 264/41
           Entities transporting gas on the basis of an authorization or concession pursuant to the Loi du 12 avril 1965, as
           amended by the Loi du 28 juillet 1987.
           Entities distributing gas and operating pursuant to the Loi relative aux intercommunales du 22 decembre 1986.
           Local authorities, or associations of, supplying heat to the public.
           DENMARK
           Dansk Olie og Naturgas A/S operating on the basis of an exclusive right granted pursuant to Bekendtgorelse
           nr. 869 af 18. juni 1979 om eneretsbevilling til indforsel, forhandling, transport og oplagring af naturgas.
           Entities operating pursuant to lov nr. 294 af 7. juni 1972 om           naturgasforsyning.
           Entities distributing gas or heat on the basis of an approval pursuant to chapter IV of lov om         varmeforsyningjf.
           lovbekendtgorelse nr. 542 af 6. oktober 1982.
           Entities transporting gas on the basis of an authorization pursuant to Bekendtgorelse nr. 141 af 13. marts 1974
           om rorledningsanlceg pa dansk kontinentalsokkelomrade          til transport af kulbrinter (installation of pipelines on
           continental platform for the transport of hydrocarbons).
           GERMANY
           Entities transporting or distributing gas as defined in § 2 II/l of the Gesetz zur Forderung der Energiewirtschaft
           vom 19. Dezember 1935 (Energiewirtschaftsgesetz).
           Local authorities, or associations of, supplying heat to the public.
           GREECE
           DEP transporting or distributing gas pursuant to the Ministerial decision 2583/1987. Avadeon axrj Anfidaia
           Emxdprjan nezpeAaiov appodwrr/Tcov OX^IKWV fie to <pvaiKO aepw.
           Athens Municipal Gasworks SA DEFA transporting or distributing gas.
           SPAIN
           Entities operating pursuant to Ley n° 10 de 15 de junio de 1987.
           FRANCE
           Societe nationale des gaz du Sud-ouest transporting gas.
           Gaz de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation de I'electricite
           et du gaz.
           Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 of Loi 48/1260
           du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la
           nationalisation de Velectricite et du gaz.
            Compagnie Francaise du Methane transporting gas.
            Local authorities, or associations of, supplying heat to the public.
            IRELAND
            Irish Gas Board and other entities operating pursuant to the Gas Act 1976.
            Dublin Corporation supplying heat to the public.
            ITALY
            SNAM and SGMe Montedison           transporting gas.
            Entities distributing gas pursuant to the Testo Unico delle leggi sull'assunzione diretta dei pubblici servizi da
            parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and to the Decreto del
            P.R. n. 902 del 4 ottobre 1986.
            Entities distributing heat to the public referred to in article 10 of the legge 29 maggio 1982, n. 308 — Norme sul
            contenimento dei consumi energetici, lo sviluppo delle fonti rinnovabili di energia, Vesercizio di centrali
            elettriche alimentate con combustibili diversi dagli idrocarburi.
            Local authorities, or associations of, supplying heat to the public.
 ---pagebreak--- No C 264/42                             Official Journal of the European Communities                                          16. 10. 89
          LUXEMBOURG
          Societe de Transport de Gaz SOTEG SA.
          Gaswerk Esch-Uelzecht SA.
          Service Industriel de la Commune de Dudelange.
          Service Industriel de la Commune de Luxembourg.
          Local authorities, or associations of, supplying heat to the public.
          NETHERLANDS
          Gasunie
          Entities transporting or distributing gas on the basis of a concession (concessie) granted by the local authorities
          pursuant to the Gemeentewet van 29 juni 1851.
          Local or provincial authorities transporting or distributing gas to the public pursuant to the Gemeentewet van
          29 juni 1851 and the Provinciewet van 25 januari 1962.
          Local authorities, or associations of, supplying heat to the public.
          PORTUGAL
          Sociedade de Electridade de Portugal (EDP).
          UNITED KINGDOM
          British Gas pic and other entities operating pursuant to the Gas Act 1986.
          Local authorities, or associations of, supplying heat to the public.
                                                             ANNEX IV
                                EXPLORATION FOR AND EXTRACTION OF OIL OR GAS
          The entities granted an authorization, permit, licence or concession to explore for or extract oil and gas
          pursuant to the following legal provisions:
          BELGIUM
          Loi du 1er mai 1939 completee par I'arrete royal n° 83 du 28 novembre 1939 sur Vexploration et Vexploitation du
          petrole et du gaz.
          Arrete royal du 15 novembre 1919.
          Arrete royal du 7 avril 1953.
          Arrete royal du 15 mars I960, Loi au sujet de la plate-forme continentale du 15 juin 1969.
          Arrete de I'Executif regional wallon du 29 septembre 1982.
          Arrete de I'Executif flamand du 30 mai 1984.
          DENMARK
          Lov nr. 293 af 10. juni 1981 om anvendelse af Danmarks undergrund.
          Lov om kontinentalsoklen, jf. lovbekendtgorelse nr. 182 af 1. maj 1979.
          GERMANY
          Bundesberggesetz vom 13. August 1980, amended on 29 November 1986.
          GREECE
          Law 87/1975 setting up DEP EKY. Ilepi idpvaecoQ Anpioaiw; Emxeiprjaecog Ilerpekaioo.
 ---pagebreak--- 16. 10. 89                              Official Journal of the European Communities                                       No C 264/43
           SPAIN
           Ley sobre Investigation y Explotacion de Hidrocarburo de 27 de junto de 1974 and its implementing decrees.
           FRANCE
           Code minier (Decret 56-838 du 16 aout 1956), amended by Loi 56-1327 du 29 decembre 1956, Ordonnance 58-
           11'86 du 10 decembre 1958, Decret 60-800 du 2 aout 1960, Decret 61 -6359 du 7 avril 1961, Loi 70-1 du 2 Janvier
           1970, Loi 77-620 du 16 juin 1977, Decret 80-204 du 11 mars 1980.
           IRELAND
           Petroleum and Other Minerals Development Act 1960.
           Ireland Exclusive Licensing Terms 1975.
           Revised Licensing Terms 1987.
           ITALY
           Law No 136 of 10 February 1953.
           Law No 6 of 11 January 1957, amended by Law No 613 of 21 July 1967.
           LUXEMBOURG
           NETHERLANDS
           Mijnwet nr. 285 van 21 april 1810.
           Wet opsporing delfstoffen nr. 258 van 3 mei 1967.
           Mijnwet continentaalplat 1965, nr. 428 van 23 September 1965.
           PORTUGAL
           Decreto-Lei 543/74 de 16 de Outubro de 1974, as amended by Decrees and communications 168/77, 22/79,
           266/80, 234/84, 174/85.
           Decreto 47/973 de 30 de Setembro de 1967 and 493/69 de 11 de Novembro de 1969, as amended by Decrees
           97/71, 98/71, 96/74, 424-C/76, 315/78, 266180, 2/81, 245/82.
           UNITED KINGDOM
           Petroleum Production Act 1934.
            Continental Shelf Act 1964.
           Pipeline Act 1962.
           Petroleum and Submarine Pipeline Act 1975.
            Oil and Gas Act 1982.
            Petroleum Act 1987.
            Petroleum (Production) regulation 1982, 1984, 1986.
            Oil and Pipeline Act 1985.
                                                                ANNEX V
                       EXPLORATION FOR AND EXTRACTION OF COAL OR OTHER SOLID FUELS
            BELGIUM
            Entities exploring or extracting coal or other solid fuels pursuant to the Arrete du regent du 22 aout 1948 and the
            Loi du 22 avril 1980.
 ---pagebreak--- No C 264/44                             Official Journal of the European Communities                                          16. 10. 89
          DENMARK
          Entities exploring or extracting coal or other solid fuels pursuant to the lov nr. 223 af8. juni 1977 om rastoffer.
          GERMANY
          Entities exploring or extracting coal or other solid fuels pursuant to the Bundesberggesetz vom 13. August 1980,
          BGB1 1980.
          GREECE
          Public Power Corporation (Anp,6oia Emxeiprjorj H2.£KTpiO[iov) exploring or extracting coal or other solid
          fuels pursuant to the Mining Code of 1973, as amended by the law of 27 April 1976.
          SPAIN
          Entities exploring or extracting coal or other solid fuels pursuant to the Mining Code of 21 July 1973.
          FRANCE
          Entities exploring or extracting coal or other solid fuels pursuant to Code minier (Decret 56-863 du 16 aout
          1956), as amended by Loi 77-620 du 16 juin 1977, Decret 80-204 et Arrete du 11 mars 1980.
          IRELAND
          Bord na Mona.
          ITALY
          Carbo Suicis SpA.
          LUXEMBOURG
          NETHERLANDS
          PORTUGAL
          Empresa Carbonifera do Douro.
           UNITED KINGDOM
           British Coal Board set up pursuant to Coal Industry Nationalisation        Act 1946.
           Entities exploring or extracting solid fuels pursuant to the Mineral Development Act (Northern Ireland) 1969.
                                                               ANNEX     VI
                             CONTRACTING ENTITIES IN THE FIELD OF RAILWAY SERVICES
           BELGIUM
           Societe nationale des chemins de fer beiges.
           Nationale Maatschappij der Belgische Spoorwegen.
           DENMARK
           Danske Statsbaner (DSB).
           Entities operating set up pursuant to Eov nr. 295 af 6. juni 1984 om         privatbanerne.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                                          No C 264/45
           GERMANY
           Deutsche     Bundesbahn.
           Other entities providing railway services to the public as defined in paragraph 2 of Allgemeines      Eisenbahngesetz
           1951.
           GREECE
           Opyaviofidi; ZiSnpodpopcov EXXddog.
           SPAIN
           Red National de Los Ferrocarriles Espanoles.
           ¥errocarriles de Via Estrecha (FEVE).
           Ferrocarriles de la Generalitat de Catalunya (FGC).
           Eusko Trenbideak (Bilbao).
           Ferrocarriles de la Generalitat Valenciana (FGV).
           FRANCE
           Societe nationale des chemins de fer francais and other reseaux ferroviaires ouverts au public referred to in the
           Loi d'orientation des Transports interieurs du 30 decembre 1982, Titre II, Chapitre ler du Transport
           ferroviaire.
           IRELAND
           larnrod Eireann (Irish Rail).
           ITALY
           Ferrovie dello Stato.
           Entities providing railway services on the basis of a concession pursuant to article 10 of Regio Decreto 9 maggio
           1912, n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata,
           le tramvie a trazione meccanica e gli automobili.
           Entities operating on the basis of a concession granted, pursuant to special laws, as referred to in Titolo XI,
           Capo II, Sezione la of Regio Decreto 9 maggio 1912, n. 1447, che approva il testo unico delle disposizioni di
           legge per le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.
           Entities providing railway services on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949,
           n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.
           Entities or local authorities providing railway services on the basis of a concession pursuant to article 14 of
           Legge 2 agosto 1952, n. 1221 — Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di
           trasporto in regime di concessione.
           LUXEMBOURG
           Chemins de fer luxembourgeois       (CFL).
           NETHERLANDS
           Nederlandse Spoorwegen NV.
           Streekvervoerbedrijf Centraal Nederland.
           PORTUGAL
           Caminhos de Ferro Portugueses.
           UNITED KINGDOM
           British Rail.
           Northern Ireland     Railways.
 ---pagebreak--- No C 264/46                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                            16. 10. 89
                                                               ANNEX      VII
             CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEY BUS
                                                           OR BUS SERVICES
          BELGIUM
          Societe nationale des chemins de fer vicinaux (SNCV)ZNationale            Maatschappij van Buurtspoorwegen         (NMB).
          Entities providing transport services to the public on the basis of a contract granted by SNCV pursuant to
          articles 16 and 21 of the Arrete du 30 decembre 1946 relatifaux transports remuneres de voyageurs par route
          effectues par autobus et par autocars.
          Societe des transports intercommunaux de Bruxelles (STIB).
          Maatschappij van het intercommunaal Vervoer te Antwerpen (M1VA).
          Maatschappij van het intercommunaal Vervoer te Gent (MIVG).
          Societe des transports inter communaux de Charleroi (STIC).
          Societe des transports inter communaux de la region liegeoise (STIL).
          Societe des transports inter communaux de I'agglomeration vervietoise (STIAV), and other entities set up
          pursuant to the Loi relative a la creation de societes de transports en commun urbains/Wet betreffende de
          oprichting van maatschappijen voor stedelijk gemeenschappelijk vervoer of 22 February 1962.
          Entities providing transport services to the public on the basis of a contract with STIB pursuant to article 10 or
          with other transport entities pursuant to article 11 of the Arrete royal 140 du 30 decembre 1982 relatif aux
          mesures d'assainissement applicables a certains organismes d'interet public dependant du ministere des
          communications.
          DENMARK
          Danske Statsbaner (DSB)
          Entities providing bus services to the public (almindelig rutekorsel) on the basis of an authorization pursuant to
          Lov nr. 115 af 29. marts 1978 om buskorsel.
          GERMANY
          Entities providing transport services to the public as defined in § 12,11 und 11 of the          Personenbeforderungsgesetz
          vom 21. Mdrz 1961.
          GREECE
          HAeicxpoKivnxa Aecotpopsia IJepiox^Q A9nvwv-IJeipai(bQ.
          (Electric Buses of the Athens — Piraeus Area) operating pursuant to decree 768/1970 and law 588/1977.
          HXsKrpiKoi ZidnpoSpopoi AOnvcbv-IIeipaicbg.
          (Athens — Piraeus Electric Railways) operating pursuant to laws 352/1976 and 588/1977.
          Enixdpnan Aaxmcbv ZvyKoivoovicbv.
          (Enterprise of Urban Transport) operating pursuant to law 588/1977.
          Koivo Tapxio Eionpa&ax; Asoxpopeicov.
          (Joint Receipts Fund of Buses) operating pursuant to decree 102/1973.
          POAA (AnpoTiKt\ Enix^ipnan Aeoxpopeicov Podov).
          Roda Municipal bus enterprise in Rhodes.
          Opyaviapoq AOXIKCOV ZoyKoivcovicbv 0eaoaXoviKnq.
           (Urban Transport Organization of Thessaloniki) operating pursuant to decree 3721/1957 and law 716/1980.
          SPAIN
          Entities providing transport services to the public pursuant to the Ley de Regimen Local.
           Corporacion metropolitana de Madrid.
           Corporacion metropolitana de Barcelona.
           Entities providing urban or inter-urban bus services to the public pursuant to articles 113 to 118 of the Ley de
           Ordenacion de Transportes Terrestres de 31 de julio de 1987.
           Entities providing bus services to the public, pursuant to article 71 of the Ley de Ordenacion de Transportes
           Terrestres de 31 de julio de 1987.
           FEVE, RENFE (or Empresa Nacional de Transportes de Viajeros por Carretera) providing bus services to the
           public pursuant to the Disposiciones adicionales, Primera, de la Ley de Ordenacion de Transportes Terrestres
           de 31 de julio de 1957.
 ---pagebreak--- 16. 10. 89                                Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s               No C 264/47
           Entities providing bus services to the public pursuant to Disposiciones Transitorias, Tercera de la Ley de
           Ordenacion de Transportes Terrestres de 31 de julio de 1957.
           FRANCE
           Entities providing transport services to the public pursuant to article 7-11 of Loi 82-1153 du 30decembre 1982,
           Transports interieurs, Orientation.
           Regie autonome des transports parisiens, Societe nationale des cbemins de ferfranfais, APTR and other entities
           providing transport services to the public on the basis of an authorization granted by the Syndicat des
           Transports Parisiens pursuant to the Ordonnance de 1959 et ses decrets d'application relatifs a l'organisation
           des transports de voyageurs dans la region parisienne.
           IRELAND
           Iarnrod Eireann (Irish Rail).
           Bus Eireann (Irish Bus).
           Bus Atha Cliath (Dublin Bus).
           Entities providing transport services to the public on the basis of a licence granted pursuant to the Road
           Transport Act 1932.
           ITALY
           Entities providing transport services to the public on the basis of a concession pursuant to Legge 28 settembre
           1939, n. 1822 — Disciplina degli autoservizi di linea (autolinee per viaggiatori, bagagli e pacchi agricoli in
           regime di concessione all'industria privata) — article 1 as modified by article 45 ofDecreto del Presidente della
           Repubblica 28 giugno 1955, n. 771.
           Entities providing transport services to the public pursuant to article 1, n. 4 or n. 15 of Regio Decreto 15 ottobre
           1925, n. 2578 — Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei
           comuni e delle province.
           Entities operating on the basis of a concession pursuant to article 242 or 256 of Regio Decreto 9 maggio 1912,
           n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata, le
           tramvie a trazione meccanica e gli automobili.
           Entities or local authorities operating on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949,
           n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.
           Entities operating on the basis of a concession pursuant to article 14 of Legge 2 agosto 1952, n. 1221 —
           Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di
           concessione.
           LUXEMBOURG
           Chemins de fer du Luxembourg         (CFL).
           Service communal des autobus municipaux de la ville de                 Luxembourg.
           Transports intercommunaux        du Canton d'Esch-sur-Alzette            (TICE).
           Federation luxembourgeoise des entreprises d'autobus et d'autocars operating pursuant to the Reglement
           Grand-Ducal du 3 fevrier 1978 concernant les conditions d'octroi des autorisations d'etablissement et
           d'exploitation des services de transports routiers reguliers de personnes remunerees.
           NETHERLANDS
           Entities providing transport services to the public pursuant to chapter II (openbaar vervoer) of the Wet
           Personenvervoer van 12 maart 1987.
           PORTUGAL
           Rodoviaria Nacional EP.
           Servico de Transportes Colectivos do Porto.
           Companhia Carris de Ferro de Lisboa.
            Companhia de Metropolitano       de Lisboa.
 ---pagebreak--- No C 264/48                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                   16. 10. 89
          Entities providing bus services to the public pursuant to base 7, Lei 2008 de 7 de Setembro de 1945,
           Coordenacao do Transportes Terrestres and article 72 of the Decreto Lei 372-72 de 31 de Dezembro de 1948,
          Regulamento do transportes automoveis.
           UNITED KINGDOM
           Entities providing bus services to the public pursuant to the London Regional Transport Act 1984.
           Entities providing bus services to the public pursuant to the Transport Act 1985.
           Newcastle    Railway.
           Glasgow     Underground.
           Manchester    Underground.
           Dockland    Railway.
           London     Underground.
                                                               ANNEX     Will
                            CONTRACTING ENTITIES IN THE FIELD OF AIRPORT FACILITIES
           BELGIUM
           Regie des Voies Aeriennes set up pursuant to the Arrete-loi du 20 novembre 1946 portant creation de la regie des
           votes aeriennes amended by the Arrete royal du 5 octobre 1970 portant refonte du statut de la regie des voies
           aeriennes.
           DENMARK
           Airports operating on the basis of an authorization pursuant to § 55, stk. 1 i Lov om Luftfart,               jf.
           Lovbekendtgivelse nr. 408 af 11. September 1985.
           GERMANY
           Airports as defined in paragraphs 38 11 Nr. 1 and 49 11 Nr. 1 of the Luftverkehrszulassungsordnung            vom
            19.]uni 1964.
            GREECE
            Airports operating pursuant to law 517/1931 setting up the Civil Aviation Service [Ynnpeoia TIoXniKr]C,
            AepoTiopiag (YIJA)J.
            International airports operating pursuant to presidential decree 647/981.
            SPAIN
            Airports managed by Aeropuertos Nacionales operating pursuant to Real Decreto 278/1982 del5de       octubre de
            1982.
            FRANCE
            Aeroports de Paris operating pursuant to Titre V, Articles L 251-1 a 252-1 du Code de I'aviation civile.
            Aeroport de Bale-Mulhouse set up pursuant to the Convention Franco-Suisse du 4 juillet 1949.
            Airports as defined in Article L 270-1 du Code de I'aviation civile.
            Airports operating pursuant to the Cahier de charges type d'une concession d'aeroport, decret du 6 mai 1955.
 ---pagebreak--- 16. 10. 89                              Official Journal of the European Communities                                      No C 264/49
           Airports operating on the basis of a Convention d'exploitation    pursuant to Article L 221 du Code de Vaviation
           civile.
           IRELAND
           Airports of Dublin, Cork and Shannon managed by Aer Rianta-lrish           Airports.
           Airports operating on the basis of a public use license granted, pursuant to the Air Navigation and Transport
           Act No 23 1936, the Transport fuel and power (transfer of departmental Administration and ministerial
           functions Order 1959) and the Air Navigation (aerodrome and visual ground aids) Order 1970.
           ITALY
           Civil State airports (aerodromi civili istituiti dallo Stato) referred to in article 692 of the Codice della
           navigazione, Regio Decreto 30 marzo 1942, n. 327.
           Entities operating airport facilities on the basis of a concession granted pursuant to Article 694 of the Codice
           della navigazione, Regio Decreto 30 marzo 1942, n. 327.
           LUXEMBOURG
           Aeroport de Findel.
           NETHERLANDS
           Airports operating pursuant to Articles 18 to 30 of the Luchtvaartwet of 15 January 1958, amended on 7 June
           1978.
           PORTUGAL
           Airports managed by Aeroportos e Navegacao Aerea (ANA) EP pursuant to Decreto-Lei                246/79.
           Aeroporto do Funchal and Aeroporto de Porto Santo regionalized, pursuant to Decreto-Lei             284/81.
           UNITED KINGDOM
           Airports managed by BAA pic.
           Airports which are public limited companies (pic's) pursuant to the 1986 Airports Act.
                                                               ANNEX     IX
                CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER
                                                       TERMINAL FACILITIES
           BELGIUM
           Societe anonyme du Canal et des installations maritimes de Bruxelles.
           Port autonome de Liege.
           Port autonome de Namur.
           Port autonome de Charleroi.
           Port de la ville de Gand.
           La Compagnie des installations maritimes de Bruges — Maatschappij der Brugse              haveninrichtingen.
            Societe intercommunale de la rive gauche de I'Escaut — Intercommunale               maatschappij   van de linker
            Scheldeoever (Port d'Anvers).
 ---pagebreak--- No C 264/50                             Official Journal of the European Communities                                         16. 10. 89
          Port de    Nieuport.
          Port   d'Ostende.
          DENMARK
          Ports as defined in article 1,1 to III of the Bekendtgorelse nr. 604 af16. december 1985 om hvilke havne der er
          omfattet af lov om trafikhavne, jf. lov nr. 239 af 12. maj 1976 om trafikhavne.
          GERMANY
          Seaports owned totally or partially by territorial authorities (Lander, Kreise,     Gemeinden).
          Inland ports subject to the Tarifordnung pursuant to the Wassergesetze of the Lander.
          GREECE
          Piraeus port Opya.viop.6q AipAvoc, LJeipaidx;, set up pursuant to Emergency Law 1559/1950 and Law 1630/1951.
          Thessaloniki port Opyaviopoq Aipevog GeaoaloviKng, set up pursuant to decree NA 2251/1953.
          Other ports governed by presidential decree 649/1977 (IIA 649/1977).
          Enonxtia, opyavooon Aenovpyiaq, dioiKnuKOQ eXsyxog fapevcov (surveillance organization of functioning and
          administrative control).
          SPAIN
          Puerto de Huelva set up pursuant to the Decreto de 2 de octubre de 1969, n° 2380/69. Puertos y Faros. Otorga
          Regimen de Estatuto de Autonomia al Puerto de Huelva.
          Puerto de Barcelona set up pursuant to the Decreto de 25 de agosto de 1978, n° 2407/78. Puertos y Faros.
          Otorga al de Barcelona Regimen de Estatuto de Autonomia.
          Puerto de Bilbao set up pursuant to the Decreto de 25 de agosto de 1978, n° 2408/78. Puertos y Faros. Otorga al
          de Bilbao Regimen de Estatuto de Autonomia.
          Puerto de Valencia set up pursuant to the Decreto de 25 de agosto de 1978, n° 2409/78. Puertos y Faros. Otorga
          al de Valencia Regimen de Estatuto de Autonomia.
          juntas de Puertos operating pursuant to the Ley 27/68 de 20 dejunio 1968. Puertos y Faros. Juntas de Puertos y
          Estatutos de Autonomia and to the Decreto de 9 de abril de 1970, n° 1350/70. Juntas de Puertos. Reglamiento.
          Ports managed by the Comision Administrativa de Grupos de Puertos operating pursuant to the Ley 27/68 de 20
          de junio de 1968, Decreto 1958/78 de 23 de junio de 1978 and Decreto 571/81 de 6 de mayo de 1981.
          Ports listed in the Real Decreto 989/82 de 14 de mayo de 1982. Puertos. Clasificacion de los de interes general.
          FRANCE
          Port autonome de Paris set up pursuant to Loi 68-917 du 24 octobre 1968 relative au port autonome de Paris.
          Port autonome de Strasbourg set up pursuant to the Convention du 20 mai 1923 entre I'Etat et la ville de
          Strasbourg relative a la constitution du port rhenan de Strasbourg et a Vexecution de travaux d'extension de ce
          port, approved by the Loi du 26 avril 1924.
          Other inland waterway ports set up or managed pursuant to article 6 (navigation interieure) of Decret 69-140
          du 6 fevrier 1969 relatif aux concessions d'outillage public dans les ports maritimes.
          Ports autonomes operating pursuant to articles L 111-1 et suivants of the Code des ports        maritimes.
          Ports non autonomes operating pursuant to articles R 121-1 et suivants of the Code des ports          maritimes.
          Ports managed by regional authorities (departements) or operating pursuant to a concession granted by the
           regional authorities (departements) pursuant to article 6 of Loi 86-663 du 22 juillet 1983 completant la loi 83-8
          du 7 Janvier 1983 relative a la repartition de competences entre les communes, departements et I'Etat.
 ---pagebreak--- 16. 10. 89                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                        No C 264/51
           IRELAND
           Ports operating pursuant to the Harbour Act 1968.
           ITALY
           State ports and other ports managed by the Capitaneria di Porto pursuant to the Codice della                 navigazione,
           Regio Decreto 30 marzo 1982, n. 32.
           Autonomous ports (Enti portuali) set up by special laws pursuant to article 19 of the Codice della navigazione,
           Regio Decreto 30 marzo 1982, n. 327.
           LUXEMBOURG
           Fort de Mertert set up and operating pursuant to Loi du 22juillet                1963 relative a I'amenagement       et a
           I'exploitation d'un port fluvial sur la Moselle.
           NETHERLANDS
           Havenbedrijven,   set up and operating pursuant to the Gemeentewet van 29 juni 1851.
           Havenschap Vlissingen, set up by the wet van 10 September 1979 inzake de gemeenschappelijke                  regeling tot
           oprichting van bet Havenschap Vlissingen.
           Havenschap Terneuzen, set up by the wet van 8 april 1970 inzake de gemeenschappelijke            regeling tot oprichting
           van het Havenschap Terneuzen.
           Havenschap Delfzijl, set up by the wet van 31 juli 1957 inzake de gemeenschappelijke regeling tot oprichting van
           het Havenschap Delfzijl.
           Haven- en Industrieschap Moerdijk, set up by the gemeenschappelijke regeling tot oprichting van het Haven- en
           Industrieschap Moerdijk van 23 oktober 1970, approved by Koninklijk Besluit nr. 23 van 4 maart 1972.
           PORTUGAL
           Porto de Lisboa set up pursuant to the Decreto Real de 18 de Fevereiro de 1907 and operating pursuant to
           Decreto-Lei 36976 de 20 de Julho de 1948.
           Porto do Douro e Leixoes set up pursuant to Decreto-Lei 36977 de 20 de Julho de 1948.
           Porto de Sines set up pursuant to Decreto-Lei 508/77 de 14 de Dezembro de 1977.
           Portos de Setubal, Aveiro, Figueira da Foz, Viana do Castelo, Portimao e Faro operating pursuant to Decreto-
           Lei 37754 de 18 de Fevereiro de 1950.
           UNITED KINGDOM
           Harbour authorities within the meaning of section 57 of the Harbours Act 1964 providing port facilities to
           carriers by sea or inland water way.
                                                                 ANNEX      X
                         OPERATION OF TELECOMMUNICATIONS NETWORKS OR PROVISION OF
                                              TELECOMMUNICATIONS SERVICES
           BELGIUM
           Regie des Telegraphes et des     Telephones.
           Regie van Telegrafie en Telefonie.
           DENMARK
           Kobenhavns Telefon      Aktieselskab.
           Jydsk    Telefon.
 ---pagebreak--- No C 264/52                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s 16. 10. 89
          Fyns Kommunale          Telefonselskab.
          Post-og Telegrafva esnet.
          Statens    Teletjeneste.
          FEDERAL REPUBLIC OF GERMANY
          Deutsche     Bundespost.
          GREECE
          OTE/Hellenic      Telecommunications        Organization.
          SPAIN
          Campania telefonica Nacional de Espana.
          FRANCE
          Direction Generate des        Telecommunications.
          Transpac.
          Telecom Service Mobile.
          Societe Prancaise de      Radiotelefone.
          IRELAND
          Telecom Eireann.
          ITALY
          Amministrazione      delle Poste e delle     Telecommunicazioni.
          Azienda di Stato per i Servizi       Telefonici.
          Societa Italiana per I'Esercizio Telefonico        SpA.
          Italcable.
          Telespazio    SpA.
          LUXEMBOURG
          Administration     des Postes et des      Telecommunications.
          NETHERLANDS
          Post, Telegraaf en Telefon.
          PORTUGAL
          Telefones de Lisboa e Porto.
          Companhia Portugesca Radio           Marconi.
          Correios e Telecommunicates           de Portugal.
          UNITED KINGDOM
          British Telecommunications        pic.
          Mercury Communications          Ltd.
          City of     Kingston-Upon-Hull.
          Racal    Vodafone.
           Telecoms Securicor Cellular Radio Ltd (Cellnet).
 ---pagebreak--- 16. 10. 89                        Official Journal of the European Communities                                       No C 264/53
                                                        ANNEX XI
                 LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN THE GENERAL INDUSTRIAL
             CLASSIFICATION OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES
                              Subgroups
           Classes   Groups      and                                        Description
                                items
             50                             BUILDING AND CIVIL ENGINEERING
                      500                   General building and civil engineering work (without any particular
                                            specification) and demolition work
                                500.1          General building and civil engineering work (without any particular
                                               specification)
                                500.2          Demolition work
                      501                   Construction of flats, office blocks, hospitals and other buildings, both
                                            residential and non-residential
                                501.1          General building contractors
                                501.2          Roofings
                                501.3          Construction of chimneys, kilns and furnaces
                                501.4         Water-proofing and damp-proofing
                                501.5         Restoration and maintenance of outside walls (repointing, cleaning,
                                501.6         Erection and dismantlement of scaffolding
                                501.7          Other specialized activities relating to construction work (including
                                              carpentry)
                      502                   Civil engineering: construction of roads, bridges, railways, etc.
                               502.1          General civil engineering work
                               502.2          Earth-moving (navvying)
                               502.3          Construction of bridges, tunnels and shafts; drillings
                               502.4          Hydraulic engineering (rivers, canals, harbours, flows, lochs and
                                              dams)
                               502.5          Road-building (including specialized construction of airports and
                                              runways)
                               502.6          Specialized constrution work relating to water (i.e. to irrigation land
                                              drainage, water supply, sewage disposal, sewerage, etc.)
                               502.7          Specialized activities in other areas of civil engineering
                      503                   Installation (fittings and fixtures)
                               503.1          General installation work
                                503.2         Gas fitting and plumbing, and the installation of sanitary equipment
                               503.3          Installation of heating and ventilating apparatus (central heating, air-
                                              conditioning, ventilation)
                               503.4          Sound and heat insulation; insulation against vibration
                               503.5          Electrical fittings
                                503.6         Installation of aerials, lightning conductors telephones, etc.
                      504                   Building completion work
                                504.1          General building completion work
                                504.2         Plastering
                                504.3         Joinery, primarily engaged in the after assembly and/or installation
                                               (including the laying of parquet flooring)
                                504.4          Painting, glazing and paper-hanging
                                504.5          Tiling and otherwise covering floors and walls
                                504.6          Other building completion work (putting in fireplaces, etc.)
 ---pagebreak--- No C 264/54                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                      16. 10. 89
                                                              ANNEX      XII
                      MODEL NOTICE OF CONCESSION CONTRACTS IN THE WATER SECTOR
          1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
             entity:
          2. The subject of the concession, nature and characteristics 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 economic and technical standards required of
             him:
          5. The criteria for the award of the contract:
          6. Other information:
          7. Date of dispatch of the notice:
          8. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                             ANNEX     XIII
                                                     A. OPEN PROCEDURES
          1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
             entity:
          2. For supply and software service contracts: form of contract for which offers are invited:
          3. (a) Place of delivery, or site:
             (b) Nature and quantity of the goods to be supplied:
                  or
                  The nature and extent of the services to be provided and general nature of the work:
             (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                  or, for works contracts:
                  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) Authorization to submit variants:
             (e) For works contracts: information concerning the purpose of the work or the contract where the latter
                  also involves the drawing up of projects:
          4. Derogation from the use of European standards, common technical specifications or European technical
             approvals, in accordance with Article 12:
          5. Time limit for delivery or completion:
          6. (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:
          7. (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 u p :
 ---pagebreak--- 16. 10. 89                              Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                No C 264/55
           8.  (a) The persons authorized to be present at the opening of tenders:
               (b) The date, hour and place of such opening:
           9.  (Where applicable) any deposits and guarantees required:
           10. Main terms concerning financing and payment and/or references to the provisions in which these are
               contained:
           11. (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
               contract is awarded:
           12. Economic and technical standards required of the supplier or contractor to whom the contract is awarded:
           13. Period during which the tenderer is bound to keep open his tender:
           14. 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:
           15. Other information:
           16. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
               European Communities to which this contract refers:
           17. Date of dispatch of the notice :
           18. Date of receipt of the notice by the Office of Official Publications of the European Communities:
                                                  B. RESTRICTED PROCEDURES
           1.  The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
           2.  For supply and software service contracts: form of contract for which offers are invited:
           3.  (a) Place of delivery, or site:
               (b) Nature and quantity of the goods to be supplied:
                    or
                    The nature and extent of the services to be provided and general nature of the work:
               (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                    or, for works contracts: 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) Authorization to submit variants:
               (e) For works contracts: information concerning the purpose of the work or the contract where the latter
                    also involves the drawing up of projects:
           4.  Derogation from the use of European standards, common technical specifications or European technical
               approvals, in accordance with Article 12:
           5.  Time limit for delivery or completion:
           6.  (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
               contract is awarded:
           7.  (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:
           8.  The final date for dispatch of invitations to tender:
           9.  (Where applicable) any deposits and guarantees required:
           10. Main terms concerning financing and payment and/or the provisions laid down by law or regulation in
               which these are contained:
           11. Information concerning the supplier's or contractor's position and economic and technical standards
               required of him:
 ---pagebreak--- No C 264/56                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                      16. 10. 89
           12. The criteria for the award of the contract where they are not mentioned in the invitation to tender:
           13. Other information:
           14. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
                European Communities to which this contract refers:
          15. Date of dispatch of the notice:
           16. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                 C. NEGOTIATED PROCEDURES
          1.   The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
          2.   For supply and software service contracts: form of contract for which offers are invited:
          3.   (a) Place of delivery, or site:
               (b) Nature and quantity of the goods to be supplied:
                    or
                    The nature and extent of the services to be provided and general nature of the work:
               (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                    or, for works contracts:
                    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) For works contracts: information concerning the purpose of the work or the contract where the latter
                    also involves the drawing up of projects:
          4.   Derogation from the use of European standards, common technical specifications or European technical
               approvals, in accordance with Article 12:
          5.   Time limit for delivery or completion:
          6.   (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
               contract is awarded:
          7.   (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:
          8.   (Where applicable) any deposits and guarantees required:
          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 supplier's or contractor's position and economic and technical standards
               required of him:
          11. (Where applicable) the names and addresses of suppliers or contractors already selected by the contracting
               entity:
          12. (Where applicable) date(s) of previous publication in the Official Journal of the European           Communities:
          13. Other information:
          14. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
               European Communities to which this contract refers:
          15. Date of dispatch of the notice:
          16. Date of receipt of the notice by the Office of Official Publications of the European Communities:
 ---pagebreak--- 16. 10. 89                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s               No C 264/57
                                                                ANNEX     XIV
                               NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM
           1.  Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
           2.  Purpose of the qualification system:
           3.  Address where the rules concerning the qualification system can be obtained (if different from the address
               mentioned under 1 above):
           4.  Where applicable, duration of the qualification system:
                                                                ANNEX     XV
                                              PERIODIC INFORMATION NOTICE
           A. For supply and software service contracts
              1.   Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
                   entity or the service from which additional information may be obtained:
              2.   Nature and quantity or value of the products to be supplied or, for software service contracts, nature
                   and value of the services:
              3.   (a) Estimated date of the commencement of the procedures of the award of the contract(s) (if known):
                   (b) Type of award procedure to be used:
              4.   Other information:
              5.   Date of dispatch of the notice:
              6.   Date of receipt of the notice by the Office for Official Publications of the European Communities:
           B. For works contracts
              1.   The name, address, telegraphic address, telephone, telex and telecopier number of the contracting
                   entity:
                   (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 services to be provided:
              3.   (a) Type of award procedure to be used:
                   (b) The date scheduled for initiating the award procedures in respect of the contract or contracts:
                   (c) The date scheduled for the start of the work:
                   (d) Planned timetable for completion of the work:
              4.   Terms of financing of the work and of price revision:
              5.   Other information:
              6.   Date of dispatch of the notice:
              7.   Date of receipt of the notice by the Office for Official Publications of the European Communities:
 ---pagebreak--- No C 264/58                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                  16. 10. 89
                                                               ANNEX     XVI
                                            NOTICE ON CONTRACTS AWARDED
           1.  Name and address of contracting entity:
           2.  Award procedure:
           3.  Date of award of contract:
           4.  Criteria for award of contract:
           5.  Number of offers received:
           6.  Name and address of successful supplier(s) or contractor(s):
           7.  Nature and quantity of goods supplied, where applicable, by supplier:
               or
               The nature and extent of the services provided, general characteristics of the finished structure:
           8.  Price or range of prices (minimum/maximum) paid:
           9.  Other information: including the value and share of the contract likely to be subcontracted to third parties
           10. Date of publication of the tender notice in the Official Journal of the European            Communities:
           11. Date of dispatch of the notice:
           12. Date of receipt of the notice by the Office for Official Publications of the European Communities: