CELEX: 51988PC0377
Language: en
Date: 1988-10-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES PROVIDING WATER, ENERGY, AND TRANSPORT SERVICES (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 377
Vol. 1988/0135
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                   . ■?'
                                                  COM ( 88 ) 377   final » SYN 153
                                                  Brussels , 11 October 1988
                                   PROPOSAL FOR A
      COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES
            PROVIDING WATER . ENERGY . AND TRANSPORT SERVICES
                         ( presented by the Commission )
                                Δ
                fgf Sorti2 du1 0CL    1383 pi
                                Secréiarist
                              Général
                               I oo ^
 ---pagebreak---                                      2
                              Explanatory Memorandum
 A.      The problem In general and the need for a new Initiative
 B.      The two sides of the equation : the field of application and the
         obligations to be Imposed
 C.      The fleld of application
     ( 1 ) The general approach
     ( 2 ) The legal mechanism
     ( 3 ) The sectors concerned
     ( 4 ) Sectoral différences
     ( 5 ) Exceptions for competitive activities
     ( 6 ) The proper limits : excluded and doubtful cases
     ( 7 ) Differences In economic development
     ( 8 ) Comments on Title I of the Directive
D.      The obi Igat Ions
    ( 1 ) Standards and technical specifications
            a ) general considérations
            b ) comments on Title II of the Directive
    ( 2 ) Procedures and transparency
            a ) general considérations
            b ) comments on Title III of the Directive
    ( 3 ) Criteria for the selection of bidders and for the award of
            contracts
          a ) general considérations
          b ) comments on Title IV of the Directive
E.  Relations with third countries
F.  Monitoring of progress and evolution of the Directive
    ( 1 ) General considérations
    ( 2 ) Comments on Title V of the Directive
 ---pagebreak---                                    3
  A.      The problem In general and the need for a new Initiative
  1.      The Directives In force on the public procurement of supplies
          and works specifically exclude certain areas of activity from
          their scope .
  2.      Thus , the supplies Directive 77/62 /CEE 1 does not apply to
          contracts awarded by bodies which administer transport services ;
          production , distribution and transmission or transport services
          for water ; or energy and telecommunications services . The
          modification of the supplies Directive adopted In March 19882
          reformulates the exclusion so that the Directives'          provisions
          will not apply to contracts awarded by carriers by land , air ,
          sea or Inland waterway or Insofar as those contracts concern the
          production ,   transport   and distribution of     drinking water or
          those awarded by authorities whose principal activity          lies  In
          the production and distribution of energy or Is to offer
          telecommunications services . The purpose of these changes In
          formulation was to clarify the Interpretation of the text , In
          particular , by limiting the transport exclusion to carriers as
          distinct from public providers of transport Infrastructure such
          as ports and airports .
  3.      The works Directive 71 / 305 / EEC3 does not apply to bodies which
          administer transport services nor to contracts awarded by the
         production ,      distribution ,  transmission     or    transportation
         services for water and energy . It should also be recalled that
         bodies responsible for telecommunications services were not
         specifically excluded from the works Directive with the result
         that four such bodies which have the status of State authorities
         are covered , while others are not . The proposed modification of
         the works Directive seeks to clarify the interpretation of these
         texts by modifications similar to those recently adopted In the
         case of the supplies Directive 4 .
4.       The reason given for the exclusions was indeed that some bodies
         with activities In the sectors     concerned had   public status while
         others were private . With the      exception of   works contracts In
         the telecommunications sector ,     therefore , it  was felt necessary
         to exclude these sectors from       the field of   application of the
         Directive ,   pending the development of solutions to take account
        of these special circumstances .
5.      This proposal       for a Directive    Is limited   to the sectors of
        water . energy , and transport . The telecommunications sector Is
        subject to a separate proposal which In Its operational part Is ,
        however , very similar to the present one .
1    O.J. L 13 of 15 January 1977
2    Directive 88 / 295 / EEC of 22 March 1988 , O.J. L 127 of 20 May 1988
3    O.J. L 185 of 25 August 1971
4    COM ( 88 ) 354 final of 20 June 1988
 ---pagebreak---   6.      The realisation of the Internal market by 1992 requires that
          the complementary measures contemplated when the exclusions were
          first made now be taken . The economic Justification for so doing
          Is clear as already explained In recent studies of the benefits
          to be realised through the realisation of the Internal market 1 .
          In addition , the governments of the Member States meeting In the
         European Council have repeatedly emphasized the Importance of
         the
         Community Institutions taking as rapidly as possible                  the
         decisions necessary for the opening of public contracts .
  B.     The two sides of the equation : the field of application and the
         obligations to be Imposed
 7.      As explained above , the main reason given for excluding the
         relevant sectors In the first place was that a particular
         activity may be allocated to a " public " entity In some States ,
         to a " private " entity In others or Indeed to both . In addition ,
         even the concept of a public entity Is highly variable depending
         on the precise context , national and regulatory . As a result any
         Community approach to the problem which sought to base Itself
         simply on a distinction between public and private entities
         would confront enormous difficulties at the outset and probably
         be doomed to failure . A concept must be developed which
         addresses the procurement problem In terms which transcend the
         public / private distinction and permit situations which are in
         substance the same to be treated equally regardless of
         differences In legal form .
 8.      Accordingly , as regards the field of application , the proposal
         Is   based   on   Identification     of   those   underlying   objective
         conditions    which   lead   entitles    In  these   sectors  to  pursue
         procurement policies that are uneconomic in the sense that they
        do    not   ensure   that   the  best    offer   from   any  supplier   or
        contractor In the Community          Is systematically preferred but
        privilege national suppliers .
9.      Two types of condition are of particular relevance .
10 .    First , barriers to entry for potential competitors , whether
        technical economic or legal , often place an entity , public or
        private , In a situation In which It Is sufficiently Insulated
        from the force of the market that It can pursue other goals than
        that of always securing the best offer , including the protection
        of national suppliers and contractors .
11 .    This position of relative privilege can arise in a number of
        ways . The entity may have a formal legal monopoly of a
        territorial character , which Is the clearest case , to be found ,
        for example , In the telecommunications field . Even In the
        absence of a true monopoly , the number of participants may be
1    See The economics of 1992 , European Economy No . 35 , March 1988 .
 ---pagebreak---                                5
       restricted by technical , legal or economic factors , or some
       combination of all of these , so that the competitive environment
       Is fundamentally qualified and the comportment of the entitles
       concerned Is not market   led .
 12   Where a good or service is made available by means of a
       technical network , for example , the system has a natural
       tendency to develop Into a monopoly or oligopoly . That natural
      tendency may well be reinforced by the allocation by the State
      of special rights or powers relating to the management of the
      network . Regardless of whether they are public or private , the
      entitles supplying or managing the network are In a position In
      which competitive forces are so qualified that regulatory or
      other governmental measures are considered necessary to redress
      the balance .
13 .   Indeed , the second type of condition leading to uneconomic
      procurement , which Is often but not always associated with
      barriers to entry , consists In the means available to a State to
       Influence the present or future operations of an entity . Such
      means take multiple forms . The public character of an entity
      often automatically involves such means of Influence : control of
      the entity 's management by      the State or of Its financing , for
      example . But private entitles too can equally be subject         to
      State influence , particularly where a vital activity depends     on
      the States' continued approval , for example , a concession       or
      authorisation to carry out that activity . In such cases , It     Is
      hardly surprising that , even In the absence of explicit demands ,
      an entity may decide that It Is In Its long term Interests to
      accept the States' objectives as Its own , despite the short term
      cost , and direct procurement to national firms rather than those
      from other Member States .
14 . Where the two conditions , Insulation from the market and
     exposure to State Influence , are both present to a significant
     degree , and perhaps for a period of very many years , the    result
      Is that substantial markets are essentially closed to suppliers
     or contractors from other Member States , however competitive
      they may be . Indeed , the result In some cases appears to be a
     firmly closed , vicious circle In which outside firms do not even
     try , since to do so would be a waste of resources and Impossible
     for a responsible manager to Justify .
15 . Of course , the two conditions to which reference has been made
     can be present to a greater or lesser degree . In some cases , It
      is relatively easy to conclude that , given the known
     characteristics of a particular area of activity , It should
     certainly be dealt with as a matter of priority . At the other
     extreme , some situations clearly do not require attention at the
     present time . In the middle are cases In which the correct
     Judgement is more difficult and different views can be advanced .
     The particular circumstances of each case are considered In 35
     to 42 below .
 ---pagebreak---                                    - 6 -
 16 .    The obligations to be Imposed on entities to be covered by new
         Community Instruments must take fully Into account their
         particular character . Public or private , they differ from the
         essentially administrative organisations typically covered by
         the existing Directives In having economic or Industrial
         purposes . In addition , to achieve their goals , they frequently
         rely upon the exploitation of a technical          Infrastructure which
         can be complex and highly specialised . They are In a real sense
         enterprises having much In common wl7th ordinary enterprises
         that    are   not  subject    to  the  particular  conditions      outlined
         above .
 17 .   Accordingly , the obligations to be Imposed should not be those
         long applied to the administrative bureaucracies .
        More flexibility Is required to permit the entitles concerned to
        manage their procurement activities effectively In the light of
        their particular circumstances . The requirements should not be
        conceived as a comprehensive regulation of the procurement
        function , but as the minimum safeguards needed to permit the
        entitles concerned to secure the best offer from all Community
        firms that are In position to compete .
18 .    The regime proposed Is a framework for sound commercial
        practice . Much of the detail will be settled by the purchasing
        entitles themselves In accordance with their particular needs
        and circumstances . Flexibility Is provided as to the choice of
        open ,    restricted or negotiated procedures and the particular
        manner      In  which   the   procedures   are  opened   to    competition .
        Traditional open tender notices , periodic notices of procurement
         Intentions , Invitations to suppliers who have qualified throuth
        an accessible qualification system all find their place In the
        system . The counterpart of this flexibility Is that , whatever
        procedures are used , they will have to be non-dlscr Imlnatory ; to
        rely on objective criteria that are compatible with certain
        framework provisions In the Directive ; and , above all , to be
        transparent and capable of being monitored In order to help
        create the climate of mutual confidence without which the market
        opening      would    not   take   place   In  real    terms .    The   main
        requirements are considered In greater detail In part D below .
C.    The fleld of application
( 1 ) The general approach
19 .    As explained above , nationalist procurement practices cannot be
        Identified simply with entities having formal public status .
        Private entitles , Insulated from market forces and In a close
        relationship with both the State and their traditional national
        suppliers , In some cases for very long periods of time , pursue
        the same kind of policy .
 ---pagebreak---                                   7
 20 .  The draft proposals seek to Identify those situations In the
       excluded sectors In which , whatever the public or private status
       of the entitles concerned , the objective conditions leading to
       nationalist purchasing practices can be Identified .
 (2)   The legal mechanism
 21 .   In addition . In order to ensure a high degree of legal
       certainty , the provisions formulating those conditions , which
       are of necessity drafted In rather general terms , are
       coplemented by a series of annexes which Identify with the
       maximum degree of precision possible for each Member State the
       entitles   concerned .   In certain sectors or   for   certain Member
       States , the annex consists of a nominative list of entitles ;      In
      others , It refers to categories of entitles defined by reference
       to national regulations ; and In some cases , the annex Is a
      combination of names and categories . The form chosen seeks to
      give the national          legislator as brief and precise an
       Identification as possible of the organisations subject to the
      Community regime . The annexes will            also facilitate the
      Commission 's task of applying the Directives once they are In
      force . A mechanism for keeping the annexes up to date Is also
      provided .
( 3)  The sectors concerned
22 .  The first category of situations covered are those In which a
      service Is provided to the public through a technical network
      which , by Its very existence , limits the scope for competition .
      Once one network       Is  In place   the prospects   for  competition
      through an alternative network or new entrants are In practice
      small .   They  are  non-existent    when  the  natural   monopoly  or
      oligopoly receives legal reinforcement through the grant of
      special or exclusive rights or through mechanisms of public
      authorisation which exclude new entrants .
23 .  This kind of situation Is to be found In a number of contexts in
      the excluded sectors , including those networks providing a
      service to the public In connection with the production ,
      transport or distribution of drinking water , electricity , gas or
      heat .
24 .  The second category of cases is In many ways analogous to the
      first : networks providing a service to the public In the field
      of transport . Indeed , when the service Is provided by a single
      technical network such as a railway or a metro , the         situation
      Is exactly the same . However , In the transport field , the
      network concept needs to be somewhat broader to include also
      those systems In which the " network " Is not a technical system
      like a railway for trains or trams but , as In the case of a
      municipal bus service , a system of Interconnecting routes along
      which vehicles pass In accordance with conditions laid down by
      public authorities . Where the State restricts access to such
      networks , the operating entities , whether they are public or
 ---pagebreak---                                - 8 -
       private , are Insulated from market forces and subject to State
        Influence , not least as regards their procurement . Accordingly ,
       the proposals cover entitles providing services to the public In
       the field of transport by railway , tramway or trolley bus as
       well as bus services provided under operating conditions laid
       down by a public authority Including conditions on the routes to
       be served .
 25 .  The third category of cases concerns those situations In which
       an entity exploits a geographical area for a given purpose ,
       subject to some form of State concession or authorisation .
       Once again the entitles concerned find themselves In a situation
       In which the      Impact of market forces Is often significantly
       reduced and     they  are exposed      to the   Influence of   the State
       through a variety of means , not         least their need to have the
       concession or authorisation renewed or to secure other similar
       concessions or authorisations In the future .
       Even when competitive forces are still present to a degree ,
       though qualified , the exposure to State Influence through the
      need to retain the concession or obtain new ones Is frequently
      sufficient to Influence       procurement behaviour .
26 .  The proposals accordingly cover two types of situation of this
      kind : the exploitation of geographical areas either for the
      purpose of exploring for or extracting oil , gas , coal or other
      solid fuels or for the provision of airport , maritime or Inland
      port or other terminal facilities to carriers by air , sea , land
      or Inland waterway .
(4)   Sectoral différences
27 .  The consultations leading to the preparation of the draft
      proposal on water , energy and transport have not brought to
      light sectoral differences which are so numerous or Important
      that they cannot be accomodated In a single Instrument . In
      particular , the provisions concerning technical standards and
      specifications , contract award procedures and transparency
      appear to correspond to the needs of all the sectors In
      question . The provisions on the field of application naturally
      have a more sectoral character but they do not put In issue the
      case for a single Instrument .         The provisions of the Directive
      are also capable of further adaptation , should It appear
      necessary ,     to    take     into     account    additional    sectoral
      specificities , for example , differences In thresholds . Such
      modifications would not require the proposal to be spilt up or
      Its structure radically changed .
28 .  It has also been possible to conclude from the consultations of
      the particular groups responsible for telecommunications
      matters ,      notably     the      Senior     Officials'     Group    on
      Telecommunications ( SOGT ), that the operational parts of this
      Directive and those of the separate proposal for a Directive on
_the telecommunications sector * 1 > may , to a very large extent ,
(1)   COM ( 88 ) 378 final
 ---pagebreak---                                    - 9 -
          be the same .    The particular context of the opening up of public
          contracts in the telecommunications sector , as laid down in the
          Commission 's Green Paper ^ 2 ^ suggests , however , that It would
          be better not to       Incorporate the telecommunications sector        In
          this Direct ive .
 ( 5 ) Exceptions for compétitive actlvltles
 29 .    The entitles so far       Identified are   Insulated from market forces
          to different degrees .      However , the existence of a degree of
         competition      Is   not   sufficient   by    Itself   to  ensure    open
         procurement .
 30 .    Several of the activities Identified above are to certain extent
          In competition with each other ( substitution competition ).         This
         applies to different sources of energy ( electricity , gas , oil ,
         coal , other solid fuels , heat ).       It also applies to different
         types of transport ( road , rail , air , sea , Inland waterway ).
         However , procurement will not become market-led , even when the
         services of one category of entity can be replaced by another ,
          If both categories are equally Insulated from the market , as Is
         frequently the case . Moreover , while procurement according to
         purely commercial criteria Is more likely when entitles are
         operating In competition with others which are not protected or
         exposed to government Influence , much will depend on whether
         other factors In any event permit the entitles concerned to
         pursue uneconomic procurement practices . The availability of
         public financing , through one route or another , is Just such a
         factor . Accordingly , It Is hardly suprising that this kind of
        competition has not proved sufficient to gurarantee open EC-wide
        procurement . All study findings suggest that In the categories
        of activity so far discussed procurement has a strongly national
        b I 88 .
31 .    Competition may also exist within a given sector or sub-sector ,
        however , since the barriers to entry may be more or less
        absolute . As a general rule , though not Invariably , as the level
        of competition       Increases so the potential      for State   Influence
        declines . The general rule will not apply , however , when the
        State retains very direct means of Influence such as the power
        to grant valuable concessions for which the entitles concerned
        are also in competition . Procurement practices can then easily
        become part , though not necessarily an explicit part , of the
        bargaining process by which the allocation of concessions and
        their terms are settled .
32 .    Nevertheless , In certain particular contexts , the level of
        competition may be such that It is safe to conclude that , taking
        account of all the factors likely to affect procurement , the
        entitles concerned will be led by the market to pursue fair and
        open     procurement    policies .  If  that    Is  so ,  It  would   seem
(2)     COM ( 87 ) 290 final of 30 June 1987
 ---pagebreak---                                   - 10 -
        sensible to exclude such cases from the scope of the new regime .
        Regulation would have no useful purpose and the proposals would
        be  open    to   the   criticism     that   they   seek     regulation   for
        regulat Ion 's sake .
 33 .  For this reason , the draft proposals contain a number of
       provisions designed to take account of situations In which the
       market Is , In form and In reality , open and other factors likely
       to lead to nationalist procurement absent .
 34 .   In the transport field , recent developments have shown that a
       high level of deregulation can be realized for bus services to
       the public . An authorisation from a public authority may be
       still   required but      only    to guarantee basic       requirements of
       public safety and order . Within those limits , a large number of
       operators can and do operate on the same routes serving the same
       destinations under the same legal conditions . It seems no more
       sensible to include such bus operators In the new procurement
       regime    than    taxi    firms .   Accordingly ,    the   draft    proposal
       excludes from its field of application public bus services where
       precisely formulated conditions are met which ensure that the
       operators will be motivated by market considerations to the
       exclusion of other factors .
 35 .  Moreover , provision should be made generally for purchases for
       re-sale or hire       In a competitive market .       Such situations can
       arise , for example , In the gas and electricity sectors where the
       entitles In question sell or hire equipment to users for use on
       their premises , for example , kitchen and other domestic
       appliances . The draft proposal accordingly excludes purchases of
      equipment for such purposes from Its scope .
36 .  Not   least because of developments in the Member States and at
      Community     level    relating    to  the   opening    to   competition   of
      activities In the excluded sectors , further scope may exist for
       limiting the coverage of the new Community regime . However , It
       Is Important that such limitations are well defined . If they are
      not , they could empty the regime of much of its real content and
      also produce unjustified Imbalances In the Impact of the regime
       In  different    Member     States .   Each   demand    will   need   to  be
      considered on Its merits as the proposal makes Its way through
      the legislative procedure .
(6)   The proper limits of the regime : excluded and doubtful cases
37 .  Certain categories of activity should clearly be covered by the
      new Community regime . Other kinds of activity can be Identified
      the Inclusion of which would be Inappropriate . For example , road
      transport , other than the provision of bus services to the
      public , falls into this category . Road haulage and private coach
      services In the Member States are essentially open to all comers
      as generally are transport services by sea and Inland waterway .
      The remaining restrictions and means of Influence available to
      Member   States do not        appear   to play a     significant     role  In
 ---pagebreak---                                       11
          influencing the procurement practices of these operators as a
         whole . For these reasons , these categories of activity have not
         been Included . Their exclusion does not Imply , however , that no
         action could or should be taken when , In a particular case , It
         becomes apparent that a State has Intervened to Influence
        procurement decisions . The action to be taken will depend on the
        means of leverage used by the State and Instruments available
         to the Commission under the Treaty , for example , pursuant to
        Article 30 EEC or Community rules on State aids .
 38 .   Three categories of activity are more difficult          to classify ,
        however . These are the provision of transport services to the
        public by aircraft and the transformation ,             transport or
        distribution of petroleum products ; the provision of transport
        services to the public by sea .
 39 .   As to a I r 1 1 nes . a number of factors are present which   argue In
        favour of their Inclusion . Whether public or private , they
        operate In most cases In a highly regulated environment In which
        their access to routes Is still limited and depends on State
        author Isat Ion .
 40 .   On the other hand , on cross-frontier routes , they are often In
        direct . If qualified , competition with one another and with
         lines from third countries . The extent of this competition        Is
         Increasing In accordance with Community policy ,      In particular ,
        as regards access to the market and the setting of air falres 1 .
         In addition , on the supply side , for both airframes and engines ,
        the industry Is highly concentrated . The main European suppliers
        are already             organized In various kinds of cross-frontier
        co-operative venture . Avionics are Increasingly supplied as an
        Integrated part of the aircraft as a system , reducing the scope
        for airlines to choose national suppliers for these components
       even should they wish to do so . Finally , the need to achieve
       operating efficiency , whatever the qualifications to competition
       on particular routes , Is a powerful        Incentive to purchase the
       right aircraft for the Job .
41 .    It Is therefore appropriate to leave airlines out for the time
       being while studies will continue so that the situation will be
       kept under review . Further proposals , perhaps by way of
       amendment to those now under discussion , could be made should
        It subsequently appear necessary .
42 .   As for the transformation , transport and distribution of
       petroleum products , the structure of the Industry Is much more
       varied and decentralized than Is the case In the energy and
       transports sub-sectors suggested for Inclusion in        the proposal .
_The single t echnical network does not exist as It does for gas ,
1 Council Regulations 3975 / 87/ EEC and 3976/ 87 / EEC , as well as Council
Directive 87/601 / EEC and Council Decision 87/ 602 / EEC , O.J. L 374 of 31
December 1987 ; Council Directive 83/ 416/ EEC , O.J. L 237 of 26 August
1983 , and the proposal for Its modification , COM ( 86 ) 424 flnal / 2 of 8
September 1986 .
 ---pagebreak---                                  12
      electricity and heat . Pipelines certainly exist but they form
      only a relatively small part of the total distribution system
      which Includes transport and distribution by sea , rail . Inland
      waterway and road . Barriers to entry are much less significant
      and a relatively large number of entitles , public and private ,
      compete directly with each other In all Member States except In
      Spain . These competing enterprises do not operate on the basis
      of concessions or similar exclusive rights as is the case In the
      exploration and exploitation field .
43 .   In the light of     these characteristics , the need for Including
      these entitles       is far from being clearly established . In
      addition , given     the fact that there Is likely to be little
      Installation of     new refining or pipeline capacity In the near
      future , their    Inclusion would In any event probably have very
      limited economic significance . Accordingly ,        It    Is , as for the
      airlines , not appropriate to Include the sector for the time but
      to keep the matter under review .
44 .  Sea transport Is an area In which most but not all companies are
      private . Exceptions exist In several Member States In the form
      of     autonomous    bodies    under   government      supervision ,     or
      departments of the State railways , or State ownership .
45 .  As regards shipbuilding and repairs , bunkering and other
      supplies , the great majority of shipping lines appear to place
      their contracts on a commercial        basis .  This    Is    Influenced by
      the    pressure of     competition under    which  European Community
      shipping companies find themselves operating on International
      routes     and   the    Intensity   of   price   competition        In  the
      shipbuilding sector . The extensive State aids which are
      available for shipbuilding are regulated at Community level by
      Directive 87/ 167/ EEC 1 .
46 .  Furthermore , recent developments regarding the regulation^ of
      International sea trade create a greater openness In that
     market . Barriers to entry do not In general appear to create
      conditions favourable to State Influence to favour national
      suppl lers .
47 . At the same time , the provision of State aids        to cover losses of
      some particular ferry lines , as granted            In certain Member
      States , has apparently led to discrimination       when contracts are
      awarded In a number of cases . However , this        problem Is limited
      In Its economic importance . It hardly seems        significant enough
      to Justify bringing the whole sea transport sector within the
     Directive 's scope . To try to Include only ferry lines
     associated with the difficulty would In turn create a number of
     complex problems Including the need to ensure fairness between
     competing entitles many of which are not In receipt of the aids
_which I le at the root of the problem .
1 O.J. L 69 of 12 March 1987
2      Counc I I Régulations 4055/86 , 4056/86 , 4057/86 , 4058/86 , 4059/86 ,
         O.J. L 378 Of 31 December 1986 .
 ---pagebreak---                                      13
  48 .    Accordingly ,    It  would    seem  preferable    to  deal   with   this
          particular problem through Community control of aids to the
          entitles concerned rather than the Inclusion of all or part of
          the sea transport sector In the new procurement regime .
  (7)    Différences In économie development
  49 .    In accordance with Article 8c of the EEC Treaty , the Commission
         has examined the extent of the effort that the economies of the
         Member States will have to sustain In applying this Directive In
         the period up to 31 December 1992 ( see the Communication on A
         Community Regime for Procurement In the Excluded Sectors : Water ,
         Energy , Transport and Telecommunications , In particular . Parts
          II A 2 , 3 , 4 ). In the light of this analysis , no particular
         provision In the Directive appears necessary other than Article
         23 on regional preferences ( see paragraph 104 below ). Other
         possible measures may be necessary depending on the precise
         consequences of the opening of the markets In question as also
         explained In the Communication ( Part II , 4 ).
  (8)    Comments on Title I of the Directive
 50 .    Title I of the proposed Directive determines the field of
         application by providing , along with the necessary definitions
         In Article 1 , both general and sector-related rules :
        - sector-related      rules   are  contained   In  Article   2  which   Is
            Indeed the cornerstone of the Directive , and In Article 5 ;
        - general rules are contained In Articles 3 , 4 , 6 , 7 and 8 .
        The Articles may be explained In more detail , by taking the
        definitions first , followed by the relevant provisions on each
        of the sectors grouped together , and then the general rules .
Comments on Article 1 - Définitions
 51 .   Paragraphs 1 to 3 define the entitles In the public sector from
        a legal point of view which according to Article 2 ( 1 ) are among
         those which have to apply this Directive . Such entitles
         Include the public sector as defined for the purposes of the
        existing Directives 77/ 62 / EEC and 71 / 305 / EEC , in paragraph 1 and
        2.    In addition the public sector also embraces , according to
        paragraph 3 , those public undertakings which are the object of
        the Directive on financial transparency 1 .
52 .    Paragraph 4 defines the term " associated or affiliated
        undertakings " which Is needed In connection with the exemption
        from major parts of this Directive , as granted according to
1    Directive 80/ 723/ EEC of 25 June 1980 , O.J. L 195 of 29.7 . 1980
 ---pagebreak---                                    H
          Article 2 ( 7 ) to holders of concessions In the water sector , for
           Intra-group transactions .    The term " concession "    Is defined In
          Article 1 paragraph 6 .
  53 .    Paragraphs 5 , 7 and 8 correspond to the definitions used in the
          existing Directives for the kind of contracts covered , the
          participants in award procedures , and the types of award
          procedures .
  54 .    Paragraphs 9 to 13 concern the terminology used in the area of
          standards and technical specifications .      They are in line with
          the definitions used In the existing Directives , as regards
          paragraphs 9 to 12 , with some simplified language notably In
          paragraph 9 . It should also be noted that reference is
         explicitly made to " quality assurance requirements ", in order to
         clarify that technical specifications may also deal with such
         matters    as   the   necessary   organisation    and    monitoring   of
         production processes , and with the durability of products and
          their maintenance . Paragraph 13 corresponds to the definition
         proposed In the draft Directive on construction products 1 .
Comments on sector-related rules
55 .     Article 2 ( 1 ) Is the key provision In that It specifies which
         types of entitles have to apply this Directive and that they
         must have activities of the sort described In paragraph 3 .
56 .     As regards the types of entitles , the public sector as defined
          In Article 1 (1 to 3 ) Is covered .   In addition other entitles of
         any legal status are also covered If they fulfill the criteria
         of paragraph 1 . The latter do not need to be defined any
         further   because   the  criteria  are sufficient     In  themselves  to
         Identify these entitles .
57 .     The criteria laid down In subparagraphs a ) and c ) do not apply
         to entities In the public sector , for the following reasons .
         First , entitles In the public sector frequently do not need any
         special or exclusive rights to exclude competitors . Their
         public status and powers are sufficient of themselves to produce
         this result , for example , when a local authority provides a
         service for the provision of drinking water . Furthermore , the
         concept of " principal activity " does not fit for the public
         sector . When , for example , local authorities are Involved In
         the supply of water or energy or transport , this Is normally
         only one part of a multitude of functions which they assume .
         Irrespective of how widespread their activities are , they must
         be the first ones to apply procurement rules .           Article 2 ( 1 )
         does therefore not subject them to the criteria laid down In
         letters a ) and b ).
58 .     Except for the public sector , Incidental activity In one of the
         relevant sectors is , however , not sufficient to bring an entity
1     Initial Commission proposal : COM ( 86 ) 756 f lnal / 3 of 17 February 1987
 ---pagebreak---                                          15
          within the scope of this Directive . According to letter c ), a
          private contracting entity must have Its " principal activity " in
          the relevant sector .         This serves to exclude from this Directive
          cases     like ,   for   example ,     like    those  of   certain   industrial
          enterprises which operate their own electricity generating unit
          and sometimes supply electricity to the grid .
  59 .    It must be noted , as regards the types of entities covered by
          this Directive , that some of them have to apply the disciplines
          of the GATT Agreement on Government Procurement , for example ,
          certain electricity producers In Luxembourg 1 .               In order to make
          clear that these entitles will continue to be subject to their
         GATT obligations , Article 2 ( 1 ) Is " without prejudice to the
         Community 's International obligations ".
  60 .   The relevant rules for the water sector are contained In
         - Article      2   ( 3)(a)(l )   which    declares    those   entitles   covered
            which supply or manage a network for drinking water ;
         - Article 2       ( 6 ) which    for  the sake of       coherence extends    the
            coverage of         this   Directive      to   their   other   water-related
            act I vl tes ,
         - Article 2 ( 7 ) which exempts from this Directive , under certain
            conditions ,      Intra-group transactions which holders of water
            concessions       want    to    make   with     associated    or  affiliated
            undertakings . Article 17 ( 5 ) should also be mentioned . It
            establishes a minimum time for the receipt of candidatures for
           water concession contracts ;
        - Article 5 ( a ) which exempts from this Directive the purchase
           of water ,      thereby reflecting the fact             that when water     Is
           purchased for a supply network , It Is not normally purchased
            In the same way as equipment or works . It must normally be
           purchased from a limited number of sites where It Is available
           and from which            It can be readily transported to the
           distribution system .
61 .    The relevant rules concerning the energy sector are contained In
        - Article 2 ( 3 ) ( II ) and ( III ) as regards electricity , gas and
           heat ;
        - Article 2 ( 3 ) ( b ) ( I ) as regards exploration for or extraction
           of oil , gas or solid fuels ;
        - Article 5 ( b ) which exempts from the Directive the purchase by
           contracting entitles In the energy sector of energy and of
           fuels for the production of energy . Within the energy sector ,
           however , the purchase of electricity poses specific problems
           In that there exist          Identifiable obstacles to cross frontier
1    Directive 80/ 767/ EEC adapting and supplementing In respect of certain
   contracting authorities Directive 77/62 / EEC , Annex I , O.J. L 215 of
   15 August 1980 , page 17
 ---pagebreak---                                      16 -
          purchases . These obstacles will have to be removed by the end
          of 1992 . The Commission will therefore propose , In the course
          of 1989 , action to achieve this objective .
 62 .  The relevant rules concerlng the transport sector are
       - Article 2       ( 3)(c ) which     determines   the   kind of    transport
          service    covered ,    and   which   contains   the   definition   of    a
         network with regard to the transport sector , as explained In
         paragraph 24 above ;
       - Article 2 ( 4 ) which excludes certain contracting entitles
         operating     In competition with other bus transport providers
         under the     same conditions , as explained In point 34 above .
         According    to paragraph 4 , such contracting entitles , even If
         operating    on the basis of authorisations , are considered as
         not being under State Influence because the authorisations In
         the sector are related to such factors as road safety rather
         than being an Instrument of controlling access to the market .
 63 .  With regard to those sectors where the supply or management of a
       network Is the relevant activity for the purposes of this
       Directive , It is a common requirement that the network Is used
       for providing a service to the public .               This requirement     Is
       needed   so   as    to  limit    the  application of     the   Directive   to
      entitles having a genuine public utility function . Cases like
       those In the transport sector of a company owning a school bus
      system should not be covered . It follows that " to the public "
      means to the public at large , with no other limitations
      concerning the potential users of the transport service than
      those related to public order In general .
       In the energy sector , " to the public " comprises supplies for
      both household and Industrial purposes .            Including high voltage
      suppl les .
Comments on general rules In the field of application
64 .  The general rules contained In Articles 3 , 4 , 6 , 7 and 8 all
      provide for exclusions from this Directive . Articles 3 and 4
      concern procurements for which there Is no need for regulation .
      Articles     6    and    7    take    account   of   State    security    and
      International agreements .         Article 8 excludes small contracts .
65 .  Article 3 takes account of the fact that contracting entitles
      may not exclusively be active In one of the sectors concerned .
      Examples of such other activities Include electricity producers
      Involved In commercial deep-freezing or fish farming and water
      suppliers Involved In cable television , and the like .                These
      activities are not relevant to the purposes of this Directive .
      The field of application of this Directive requires , however ,
      that    such     activities       be    clearly    Identified .    Moreover ,
      transparency of the procurement market requires that they are
      made known to the Interested suppliers or contractors .              Article
 ---pagebreak---                                   17
      3 serves these purposes by providing that such activities must
      be notified to the Commission and published In the Official
      Journal ,     before     being     exempted      from      this     Directive .
      Notifications of such activities could be made even before this
      Directive comes Into force so that they can be published , and
      the relevant activity be excluded form this Directive from the
      start .
66 .  Article 4 excludes from this Directive another group of
      contracts , namely those where the contracting entity Intends to
      sell or hire the equipment purchased            In a competitive market .
      Paragraph 35 above has already given some examples . Contrary to
     Article 3 , the notification requirement Is addressed to                     the
     Member States who should be In a position to Inform                          the
     Commission about the relevant legal provisions which are those .
      In particular ,       that    ensure that       other    potential      market
      participants are free to sell or hire the products concerned
     under the same conditions as the contracting entity concerned .
67 . Article 6 Is a safeguard clause for legitimate State security
      Interests .    Its scope Is limited In that It must be by virtue of
      specific rules that contracts may be excluded from this
     Directive , or by reference to the basic State security Interests
     which    are well-defined      in all     Member   States .    The Article     Is
     based    on   a   corresponding      provision     added    to   the   supplies
     Directive In its Article 2 ( 2c ).
68 . Article 7 corresponds to Article 3 of the supplies Directive .
69 . Article     8  provides    for    the   thresholds    which     the   value   of
     contracts must exceed In order to be covered by this Directive .
     The figures are those , as regards supplies , of the existing
     Directive , and as regards works , of the modified Commission
     proposal      for   modification        of   the    works     Directive .   The
     calculation method laid down In paragraphs 2 to 4 Is largely the
     same as In the supplies Directive , with the relevant provisions
     on works contracts being added notably In paragraphs 5 and 6 .
     Extensive     consultation     on   whether    the   thresholds      should   be
     raised    or   lowered   produced     no   conclusive    result .    For  every
     argument In one direction , a counter argument can be advanced .
     It accordingly seems sensible to maintain the present levels for
     the time being . They are themselves the end result of long and
     Intensive debate In the Community Institutions and elsewhere .
     Further consideration of the matter may however be necessary
     with regard to the appropriateness of the proposed figures for
     particular      sectors given their specific characteristics ,
     Including progress being made on relevant standards and common
     technical specifications . However , the 5.000.000 ECU threshold
     for works contracts Is a maximum which the Commission does not
     Intend to change . On the contrary . It might well prove
     necessary to lower this figure on the basis of more detailed
     studies now being undertaken .
 ---pagebreak---                                    18 -
 D.      Tha obt Igat Ions
 (1)     Standards and technical specifications
 a)      General considérations
 70 .  The concept underlying Articles 9 to 11 Is basically the same as
       the one adopted on this matter by the Council , concerning the
       revision of the Directive            on supply contracts . Its main
       objective is to ensure as            much as possible that contract
       specifications do not        have the effect of excluding foreign
       suppliers .    To   that effect ,
       - European     standards ,   common     technical     specifications   and
          European technical approvals are made obligatory , subject to a
          number of exceptions ,
       - there Is an explicit prohibition on technical specifications
          which have the effect of favouring or eliminating certain
          undertakings , except In strictly defined cases , and
       - performance specifications and              standards    that   Indicate
          functional requirements rather than particular techniques
          should be used unless there are sound reasons for not doing
          so , and
       - transparency of the contract specifications to be used on a
          permanent basis Is ensured by an obligation to tell Interested
          suppliers In advance what they are or where to find them .
71 .   It goes without saying , that this provision can apply only
       Insofar as the contracting entity has a choice for developing
       the contract specifications .       There Is no choice , however , where
      mandatory requirements , for example , In the form of technical
       regulations , exist . Such requirements must obviously be
       respected .
72 .   In order to make the reference to European standards and common
       technical     specifications      meaningful ,     the   Commission    has
      approached the European standardisation bodies CEN and CENELEC
      to Identify how far standards and specifications relevant to the
      excluded sectors exist already and where new ,                    priority
      standardisation activities should be undertaken . Expert groups
      have started Identifying the most urgent needs with regard to
      dove I opplng mandates for CEN and CENELEC .
73 .   It   Is   Important   to understand      that   the   contracting entity
      remains free to use In-house specifications for those technical
      aspects which are not subject to any of the prescribed standards
      or specifications , or for dealing with situations which these
      standards or specifications do not address .
 ---pagebreak---                                      19
   74 .    In accordance with the principles of EC standardization policy
          and of EC         law ,  contracting entitles cannot          under    all
          circumstances Insist       on compliance with those        standards or
          specifications which       they have laid down In          the contract
          documents .    The principles of equivalence and mutual recognition
         of national standards oblige them to accept any offers which are
         based on satisfactory but different national standards of other
         EC countries . There is no specific provision on this matter In
         the Directive . But these principles apply as a direct effect of
         Article 30 of the Treaty , In accordance with the decisions of
         the European Court of Justice as recalled In the preamble .
  75 .   Furthermore ,      the   particular    situation    In    the    area    of
         construction products Is reflected by the provisions of this
         Directive . Article 23 paragraph 4 provides for a particular
         prohibition on the proposed rejection of offers concerning works
         contracts for reasons related to the technical specifications of
         the construction products Involved , In accordance with the
          latest state of the discussion on the construction products
         Direct Ive .
  b)     Comments on Title II of the Directive
  76 .   Article 9 - Application of European standards , common technical
         specifications and European technical approvals
         The differences compared to the same provision In the revised
         supplies Directive are the following :
         There Is no particular preference In paragraph 1 to                legally
         binding      national    technical    rules . As     explained      above ,
         compliance with such rules Is self-evident
        The derogation provided for In paragraph 2 ( b ) does not refer to
        Directive 86 / 361 concerning telecommunication terminal equipment
        because the terminals market will be fully liberalised by virtue
        of the Commmisslon Directive 88/ 301 / EEC of 29 April 1988 1 .
        Paragraph 3 does not Include the record keeping and Information
        requirements which are part of the equivalent provision of the
        supplies Directive . However , the recording requirement has not
        been    deleted     from  this   Directive .  It  Is   now    Included    In
        Article 27 which regroups , for the purpose of simplicity , all
        record keeping requirements related to the provisions of this
        Direct Ive .
77 .    Article 10 - Other standards and specifications
        The differences compared to the revised supplies Directive are :
        Paragraph 1 does not state that the principles of equivalence
        and mutual recognition of standards must be respected . As
1        O.J. L 131 of 27 May 1988 .
 ---pagebreak---                                  20 -
      explained above , these principles apply , Irrespective of whether
      or not they have been mentioned , when offers received by the
      contracting entity refer to other national standards than those
      of the country where the contract Is to be awarded .
      Paragraph 2     Is new .    It  reflects the      Idea   that  performance
      related standards or specifications           leave more choice to the
      supplier and are therefore more appropriate than design
      standards , for the purpose of market opening . However ,
      provision Is made for justified deviations from this principle .
      Paragraph 3 Is somewhat different from the Directive 77/62 / EEC
      ( Article  7  ( 2 ))  In   that   It   focuses    on   the   need  not    to
     discriminate against          certain undertakings . It          does not
     prohibit , however , favouring or eliminating certain products .
      It must Indeed be possible to require the product to be of a
     particular material , or performance , and thereby to eliminate
     others .
78 . Article 11 - Aval lability of technical specifications
     This Article goes beyond the new provisions retained for the
     Directive 77/ 62 / EEC In that It requires contracting entitles to
      Inform Interested suppliers about those technical specifications
     which will be applied In forthcoming procurements . In order to
     avoid the dispatch of voluminous texts , references may suffice
     where suppliers can have access to the full texts . Contracting
     entitles   are   free  to make    the   relevant    Information   available
     against payment of a fee which must not In Itself , however ,
     operate as a barrier to trade . This provision corresponds to
     the request of suppliers for having as much specific Information
     as possible at an early stage In order to have a longer lead-
     time for preparing participation In award procedures . It also
     reflects the wide-spread practice of some entitles to lay down
     and make available        the   technical    specifications     which   they
     regularly apply .
(2)  Procedures and transparency
a)   General considérations
79 .  In Industrial contexts like those in which many of the entitles
     In the excluded sectors operate , procurement Is frequently not a
     matter of discrete arms-length transactions In a traditional
     market . As Is Increasingly the case for all Industrial
     enterprises , the procuring entity is In a more permanent ,
     organic relationship with a group of suppliers and contractors
     with which It co-operates to achieve Important goals                    like
     Improved product quality , reliability In the short and                 long
     term , timeliness of supply (" Just In time ") and new product
     development . This close relationship with suppliers and
     contractors Is particularly necessary when procurement relates
     to     technically     sophisticated ,       complex      equipment      and
     installations    which    are   central   to   the   performance    of   the
 ---pagebreak---                                     21
        procuring entity 's public service mission , be It the provision
       of    a continuous energy or water supply , reliable transportation
        according to a fixed schedule or some other service upon which
        the community at large depends to complete Its dally business .
 80 .  The regime proposed accordingly provides for the maximum
       possible degree of flexibility as to the choice of award
       procedure , and the way In which competition Is Invited . The
       counterpart to this necessary flexibility Is the transparency of
       the particular system that each entity applies .
 b)    Comments on Title III of Directive
 81 .  The provisions of this Title deal            with the following major
       aspects :
       - the choice of award procedures
       - the choice of how to make a call for competition under each of
          the procedures ,
      - formal     requirements concerning publications - In the Official
          Journal of the European Communities ,
      - minimum tlme-llmlts established for each phase of the award
         procedures .
82 .  Contracting entitles will according to Article 12 ( 1 ) have a
      free choice between procedures which have the characteristics of
      any one of the procedures described In Article 1 . Thereby , they
      will enjoy substantially more flexibility than under Directives
      77/ 62 / EEC and 71 / 305 / EEC which make the use of the negotiated
      procedure and , concerning supply contracts , the choice of the
      restricted      procedures       subject   to   certain    condlt Ions . The
      provisions of Article 12 do not attempt to fix which award
      procedure Is appropriate for what kind of contract . It Is
      rather the entitles themselves who will decide . It would ,
      however , not be of great surprise If the open procedure were
      mainly used for purchasing standard off-the shelf Items and the
      negotiated procedures were applied in case of complex and
      sensitive projects .
83 .  The objective of Introducing competitive bidding requires that
      there should be a call for competition as part of whatever award
      procedure has been chosen . The proposed provisions on this
      matter are designed with particular care In order to allow for a
      maximum of flexibility and to avoid any undue bureaucracy . The
      underlying     concept    is   that   entitles may   chose   between     the
      different ways of the approaching potential suppliers which are
      current practice already . There are two exceptions from these
      pr Inclples .
 ---pagebreak---                                 22
 84 .   In open procedures , the " normal "   tender notice Is mandatory
        according to Article 13 ( 1 ). It Is   Indeed an essential part of
        the open award procedure that any     Interested supplier has the
        benefit of a tender notice to which   he Is free to respond If he
        so wishes .
 85 .   In negotiated procedures , a call for competition would not make
       sense In certain situations where there Is no prospect for any
       competition at all or where the existing competitors are known
        In any case . These situations are listed In Article 12 ( 2 )
       along the lines accepted by the Council with regard to the
       Directive 77/ 62/ EEC and In accordance with the           Commission
       proposals for modifying the Directive 71 / 305 / EEC .
 86 .  The particular ways and means for making a call for competition
        in the other cases are described In Articles 13 ( 2 ) and ( 3 ).
 87 .  The normal tender notice according to Article 13 ( 2)(a ) Is an
       option which should be available to entitles If they so wish
       even In the case of restricted or negotiated procedures .
88 .   The possibility of making a call for competition , according to
      Article 13 ( 2)(b ), by Inviting suppliers who have undergone a
       qualification   test , reflects   the  current    practice   of   many
      entitles In the excluded sectors .     Inviting qualified suppliers
      could not by Itself be considered as a sufficient call for
      competition because those other suppliers who have not ( yet )
      qualified would have no chance to compete . A call                  for
      competition could be considered as having been made only If
      those other suppliers had a chance to qualify . It Is therefore
      necessary to establish the condition that the existence of the
      qualification system Is publicly known , that the rules of
      operation are available , and that a minimum standard of fairness
       In the operation of the qualification system Is guaranteed .
      These requirements are laid down In Article 20 . It may be noted
      that the notice concerning qualification systems Is not
      mandatory but Its publication Is a prerequisite for the entity
      to be able to Invite only qualified suppliers to take part In an
      award procedure .
89 .  The periodic notice of Article 13 ( 3 ) Is a survey which entities
      have to publish once a year . The Information contained in it
      will normally be of a rather general nature . However , the
      periodic notice offers the opportunity to any interested
      suppliers to approach the entity concerned for more detailed
      information on specific contracts to which the contracting
      entity decides to make reference ; therefore It can also serve
      the purpose of a call for competition provided that those
      suppliers who have stated their Interest get a chance to
      participate when particular award procedures are Initiated . It
      Is evident that suppliers who Intend to sell to contracting
      entitles should have a strong Interest       In monitoring periodic
      not Ices .
 ---pagebreak---                                      23
 90 .    The ways and means for making               calls    for  competition           are
         summarized In the following table :
 call for competition        " norma I "         per Iodic         qua I I f Icat Ion
                               not I ce          not I ce          system
 award procedure               Art . 13(1 )      Art . 13(3 )      Ar t . 1 3(2 ) ( b )
                               and ( 2 ) ( a )
open procedure                obi Igatory            –                    –
 restr Icted                  opt lona I         opt lona I           opt lona I
procedure
negot lated                   opt lona I         opt lona I           opt lona I
procedure
with pr lor
ca I I for
compe t I t Ion
91 .    The provisions of this Title can be explained In more detail as
        fol lows .
92 .    The list of cases In which negotiated procedures may be applied
        without call for competition , figuring In Article 12 ( 2 ), is
        essentially a compilation of the relevant provisions of the
        revised supplies Directive and of the proposals for revision of
        the public works Directive .
        Differences compared to those provisions are :
        - In sub-paragraph ( a ), the possibility of all tenders being
           Irregular has been added . The requirement that the original
           terms of the contract must stay the same in the negotiated
           procedure     has been        deleted   because      these      terms        may
           subsequently be modified anyway . There Is no requirement for
           a report to the Commission .
       - according to sub-paragraph ( d ), contracting entitles are
           dispensed from making a call for competition whether or not
           they are responsible for the situation of extreme urgency ;
       - In sub-paragraph ( e ), a time limit for not making any call for
           competition has been Introduced following the example of                   sub-
           paragraph ( g ),
 ---pagebreak---                                    24
        - In sub-paragraph ( f ),     there    Is no     limit   as   regards    the
          proportion of the value of additional works compared to the
          value of the original contract ;
       - In sub-paragraph ( g ), the duration during which the negotiated
          procedure may be applied In the circumstances referred to has
          been extended to five years ;
       - a    new sub-paragraph ( h )    has been added       In order    to allow
          purchases on commodity markets to be made according to the
          rules    of     these  markets    which     In   any   case    guarantee
          compet It Ion ;
          a    new   sub-paragraph ( I )    has    been    added    which    al lows
          contracting entitles to use the occasion for making bargains
          by purchasing from suppliers which are In bankruptcy or any
         other of the situations described In Article 20 ( 1 ) ( a ) of the
          suppl ies Direct Ive .
 93 .  Article 14 , on periodic notices .              Is In line with the
       corresponding provision of the revised supplies Directive , as
       regards letter ( a ), and with the Commission 's modified proposal
       for revising the public works Directive , as regards letter ( b ).
       It should be borne in mind that this Article does Impose the
       Inclusion In the periodic notices of all contracts which are
       envisaged for the next twelve months at the time when the
       periodic notice Is drawn up .       However , only those envisaged must
       be covered . Where additional            projects are developed , or
       additional funds become available later in the year , there are
       two possfbl I it Ies :
      either the award procedure will be Initiated In the same year by
      other means of calling for competition ( except where no call Is
      required ), or the contract will be Included In the periodic
      notice of the following year , unless the project Is abandoned .
      Equally the Article does not require that contracts Included In
      a periodic notice must be launched during the period covered by
      that notice . If they are not , they would simply have to be
       Included In the periodic notice of the following year .
94 .  Article 15 on publication of results of procedures attempts to
      strike the right balance between the need to ensure transparency
      In the public procurement market and respect for confidential
      Information . The compromise consists In making a post-award
      publication mandatory , but In allowing Its contents to be
      reduced to the bare minimum where confidentiality or other
      obstacles to disclosure of information are at stake .                In this
      case , the contracting entitles may decide what information they
      would like to give to Interested suppliers on a bilateral
      basis . The tlme-llmlt set by paragraph 3 allows sufficient time
      to    pass   by    before  the  notice     Is   published     for  possible
 ---pagebreak---                                    25
       subsequent debriefings to Individual suppliers to take place In
     a non controversial way .
95 . Article 16 on general rules on publication of notices           lays down
     certain formalities for the publication of notices . They
      largely correspond to the rules of the existing Directives .
     Cross-references to the existing Directives , are not made on
     this Issue , In order that the text should be self-explanatory .
96 . The tlme-llmlts laid down in Article 17 concerning the different
     phases of award procedures are Indispensable despite the need to
     make the rules on the excluded sectors as flexible as possible .
     Partly contradictory Interests have to be reconciled In fixing
     them . On the one hand , contracting entitles may want to proceed
     very quickly for certain procurement ; Indeed this may not
     present problems for those of their suppliers with whom they
     have long-standing relationships .         On the other hand , too short
     tlme-llmlts are the most evident and one of the most efficient
     means   of  excluding       notably    foreign  suppliers  who   have  to
     overcome   certain     handicaps     which  do not   exist  for  domestic
     suppliers , such as language problems . Article 17 provides for
     the tlme-llmlts accepted by the Council for modification of
     Directive 77 / 62 / EEC .
97 . In addition , Article 18 also provides for tlme-llmlts within
     which the contracting entitles have to respond to requests for
     Information .   These     are    also based on   the  provisions of   the
     existing Directives . There Is no express rule as regards the
     costs of any documents to be sent . However , charges for such
     documents should not be higher than their real cost and must not
     In any case be fixed In a discriminatory way .
 ---pagebreak---   Criteria     for   the selection of bidders and for           the award of
  contracts
 General considérations
 The relevant provisions of              the Directive may be subdivided
 between those dealing with
 - qualification and sélection of participants
   ( Art le les 19 to 21 )
 - award of contracts ( Articles 22 and 23 )
 As regards qualification and selection of participants ,                 the
 relevant provisions are of different nature :
 - Articles 19 and 20 are part of a new concept which establishes
     the general       principles according to which        the contracting
    entitles can fix their own rules ;
 - Articles      21    Is   based   on   the  Directive  77/62/ EEC  and  the
    current     state     of   discussions    concerning   the   revision  of
    Directive 71 / 305 / EEC .
The new concept underlying Articles 19 and 20 reflects the need
 to avoid any unnecessary formalities and to allow for a maximum
of adaptation to the particular circumstances In which each
 Individual contracting entity operates . In order to meet these
criteria , common general principles are laid down In Article 19
 for    any    stage      before    and   during   award  procedures    where
contracting         entitles      need    to   select   between    Interested
suppl lers , I . e . :
- when enterprises apply for qualification ; Article 20 specifies
    how the qualification system must be handled ;
- when they request to participate In restricted or negotiated
    procedures ; Article 21 lays down the basic principles .
The general principles contained In Article 19 are based on the
 Interpretation given by the Court of Justice to Article 30 of
the Treaty . Paragraph 3 leaves It to the contracting entitles
to determine their own rules within these limits .
As a counterpart for the freedom thereby created , It is ,
however , necessary that the rules fixed by contracting entities
are laid down In writing , and that they must be sent to anybody
Interested .      Without this ,      the conditions of the market would
become totally obscure rather than more transparent , since the
rules applied by Individual contracting entitles will be
different from one to another .
 ---pagebreak---                                   - 27 -
        The provisions of Title IV are also applicable In those cases
        where contracting entitles have entrusted third parties with
        qualification or selection of participants , or with awarding the
        contract Insofar as those third parties act as agents for and on
        behalf of the contracting entity .
 100 .  The general approach to rules on the award of contracts follows
        the provisions of the existing Directives very closely . It
        provides a considerable          degree of    flexibility      for   the
        contracting entitles . Unlesss they choose to base the award
        decision on the lowest tender , they can , according to Article 22
        ( 1)(a ), take Into account any relevant aspect related to the
       object of the contract .
       Article 23 also repeats provisions from the existing Directives .
       There are certain contracting entities In the excluded sectors
       which by national law have to apply regional preference rules ,
       mainly among those entitles which belong to the public sector .
       The Directive on the excluded sectors accordingly takes exactly
       the same approach as the existing Directives .
b)     Comments of Title IV of the Directive
101 .  Article 19 ( 1)(b )    is to be   Interpreted In the context of the
       case     law  of   the   European  Court   of  Justice .   It    requires
       contracting     entitles    to recognise  existing   tests    or   proofs
        Insofar as they are relevant for Its purposes .
102 .  Article 20 ( 1 ) allows the opening of qualification systems to
        Interested suppliers from abroad to take place in a progressive
       way . Contracting entitles can respond to objective constraints
        in dealing with new applications by programming their
       examination over a given period of time . They must however give
       some precise Information on the time schedule to the applicants .
       The real cost of the examination may be charged to applicants
       provided this Is done In a non-dlscr Imlnatory manner .
       Paragraphs 4 and 5 reflect the two existing ways of operating a
       qualification system : either on a permanent basis or on an ad-
       hoc basis In connection with specific Investment projects .
103 .  As regards Article 22 the catalogue of criteria               listed In
       paragraph 1 ( a )        is not exhaustive . However ,        the term
       “ economically most advantageous tender " does not allow reference
       to macro-economic or social , regional , or other criteria which
       are not relevant to the object of the contract .
       Paragraphs 3 and 4 deal with tenders which are not fully
       conforming to the contractual requirements .
 ---pagebreak---                          28 -
 Paragraph 3 clarifies that contracting entitles may themselves
 decide to what extent they would accept alternative proposals ,
 by fixing the hard core of requirements from which no deviations
 would be accepted . In the Interest of transparency they must
 however specify In the contract documents whether they are ready
 to consider variants .
 Paragraph 4 , concerning construction products , reflects the
 principles of mutual recognition of such products as proposed by
 the Commission In the proposal for a Directive on construction
 products .
 Paragraph 5 Is a particularly Important provision because of the
 differing cost calculation basis which may be underlying tenders
 from other Member States . The purpose of market opening and
competitive purchasing would not be achieved If tenders which
are low but sound would be rejected because they could at first
sight be considered as abnormally low and therefore unreliable .
Paragraph 5 Identifies accordingly the cases In which an
apparently very low tender may not be rejected .
Paragraph 5 also states that contracting entitles , when
considering that a very low offer Is unreliable because It Is
based on a State aid , may reject such offers . The main purpose
of this provision       Is not to make contracting entitles
 Instrumental In the application of the rules on State aids of
the Treaty . Their own Interest requires that they be allowed In
an explicit way to reject such offers . Without such a clause ,
entitles would , according to the second subparagraph of
paragraph 5 , (" exceptionally favourable conditions ") be obliged
to accept tenders which might not afterwards be carried out If
the State aid had to be reimbursed .
Article 23 dealing with regional preference rules corresponds In
Its paragraph 1 to Article 25 ( 4 ) of Directive 77/ 62/ EEC and
refers to national rules which require the application of other
than the normal criteria , or a different weighting of them , In
awarding Individual contracts . It does not cover rules ,
however , which aim at giving preference to certain tenderers by
such methods as market quotas .
Paragraph 2 establishes as In the recently modified supplies
Directive , the basis for a general solution to the question of
preference schemes . The existing national schemes should come to
an end not later than end 1992 in the absence of a new Community
regime which the Commission has Indicated Its Intention to
propose . It does not exempt Member States , in the period up to
1992 , from their obligations to respect the rules of the EC
Treaty and of the GATT Agreement on public procurement .
 ---pagebreak---                                   - 29
 E.      Relations with third countries
       a ) General considérations
 104 .   Third  country    firms   are   watching with    growing     interest   the
         Community 's new Impetus to establish a common procurement
         framework as a key element In the realisation of Its Internal
         market   by    1992 . They      are   focussing especially on           the
         Community 's moves towards opening procurement In the excluded
         sectors because of       their obvious economic and technological
         Importance and also because fierce International competition In
         these sectors Is forcing all participants to seek new markets .
        Opening procurement In the excluded sectors could under certain
         conditions result In access to large contracts becoming
         available to firms of third country origin , either directly or
         through their subsidiaries established In the Member States . In
        other words , the Community Is running a serious risk of
        unilaterally making Its domestic market more accessible to third
        country firms if the Directives on the excluded sectors fall to
         take proper account of the external dimension .
 105 .  Furthermore , in parallel to the Community 's         efforts to create
        the conditions whereby domestic Industry can         exploit the single
        European market , discussions have been under          way to strengthen
        and extend the scope of the GATT procurement         Code , with the USA
         In particular pushing for the Inclusion of entitles engaged In
        telecommunications and power generation . It should be recalled
        that at present      the procurement practices of entitles           In the
        excluded    sectors    fall    largely   outside   the    scope   of   GATT
        disciplines .    The Community clearly has an Important Interest In
        ensuring   that    Its enterprises have access         to   third country
       markets In the sectors concerned . The Community has accordingly
        supported the GATT broadening exercise , though the outcome ,
        Including the timing of any future agreement Is at present hard
        to predict .
106 .  Discussions are also under way between the Community and EFTA
       countries concerning possibilities for further mutual opening of
       public procurement . The Implications of these discussions for
       procurement In the excluded sectors are also uncertain at the
       present time .
107 .   In these circumstances ,      the adoption of Community        legislation
       opening procurement In the excluded sectors needs to be
       accompanied by measures designed to achieve the following
       general objectives . First , provisions are needed to defend the
       Community 's commercial Interests and preserve Its negotiating
       position by making no unilateral concession but on the contrary
       creating a positive Incentive for third countries to give
       guarantees     of    equal    access    to   similar   markets .    Second ,
       Community producers should , where necessary , be given the
       necessary time for the Industrial adaptation required to meet
       the objectives of 1992 and the day when reciprocal access Is
       final ly agreed .
 ---pagebreak---                                      30 -
 108 .   As to the content of Community legislation In this field . It
         should explicitly address the problem of offers made by firms
         established within the Community . Situations In which offers
         are made by firms established entirely outside the Community are
         In practice relatively rare and , In any case , the Directives
        will simply not apply to them .          On the other hand , where an
        offer   Is made by a firm established          In a Member State ,      the
        Directives will apply to It even If the firm Is a subsidiary or
        agent of a third country firm and the goods or services to be
        rendered under the offer have their origin entirely In that
        third country .
 109 .  After    having examined various possible              approaches ,     the
        Commission considers that the best means for the Community to
        realise these Important objectives Is to provide for a regime
        whereby , In the absence of relevant International obligations ,
        contracting entitles are placed under no obligation to apply the
        provisions of the Directives to offers having their origin
        outside the Community . For this purpose , an offer Is considered
        having Its origin outside the Community when more than half Its
        value represents goods or services produced or performed outside
        the Community . However , In the case of offers from subsidiaries
        or agents , a substantial part of the value of the offer may
        represent economic activity within Member States , and can thus
        be considered to be of Community origin . In addition , where a
        Community offer Is equivalent to one from a third country firm
        or to one of third country origin , the Community offer should be
        preferred .
110 .  The equally Important counterpart to these provisions , which
       preserve the position of the Community In relation to third
       countries , Is a mechanism which will permit the Council , on
       a Commission proposal , to extend the benefit of the provisions
       of the Directives to third country undertakings or undertakings
       offering      goods  or    services   of  third   country   origin .   This
       mechanism      makes   It  clear   that  the  Community   Is  not    simply
       seeking to protect Its own market , but Is In a position to
        Implement agreements with third countries on equal market
       access , whether reached through multilateral or bilateral
       negotiations . Indeed , the fundamental purpose of the provisions
        Is to provide a firm basis for negotiations with third
       count r les .
       Comment s on Article 24
111 .  Article 24 ( 1 ) provides for contracting entitles to be able to
       exclude offers when less than half the value of the goods or
       services to be rendered are of Community origin . Paragraph 4
       provides definitions of the value of products manufactured and
       of services performed outside the Community . However , paragraph
       2    Indicates    that    the   contracting  entitles    must   choose    a
       Community offer If offers are equivalent , except when this
       acceptance would oblige It to acquire material having different
 ---pagebreak---                                       31
          technical     characteristics ,    thus   creating   unreasonable    and
          disproportionate         difficulties ,   with     existing     material
          ( paragraph 3 ). At the same time paragraph 5 provides for a
          mechanism whereby the Council , on a Commission proposal , can
          extend    the    benefit   of  the  provisions  of   the  Directive   to
          undertakings or offers of third country origin .
  112 .   This approach ensures that ,        for  the time being ,    contracting
          entitles are placed under no obligation to apply the provisions
          to an offer unless a substantial part of Its value represents
         economic activity within Member States . It thus preserves the
          status quo allowing contracting entitles to reject offers not
         meeting the Community origin criterion or to reject firms not
          having a real connection with the Community .
  113 .  The proposed approach also takes Into account the need to give a
         clear preference to a Community offer where offers are
         equivalent . For the purpose of comparing prices , a difference
         of up to 3 per cent In favour of a non-Communlty offer shall be
         disregarded . This provision Is designed to facilitate the
         application of the approach in practice .        It should be stressed
          that this preference still leaves the possibility               for the
         contracting entity to choose a non-Communlty offer on the basis
         of a sound technical reason In relation to the operation and
         maintenance of existing material , even where a non-Communlty
         offer    Is being evaluated on the basis of           the   lowest  price
         criterion and Is within the 3 per cent margin .
  114 .  The provision permitting and requiring contracting entities to
         exclude non-Communlty offers will ensure that the Community does
         not open Its market unilaterally . The position of the Community
          Is thus preserved In relation to both multilateral and bilateral
         negot I at Ions .
 115 .   The    extension     provision   provides   a specific    mechanism   for
         arrangements for equal market access to be made between the
         Community and third States ,        should such negotiations produce
         positive results .
 116 .   This approach       Is however not applicable     Insofar as the GATT
         Agreement In government procurement 1 applies .         It Is therefore
         necessary to provide that those contracting entitles which have
         to apply the Agreement ( examples are given In the footnote to
         point 59 above ) must continue to do so . Article 24 Is
         accordingly without prejudice to the obligations of the
        Community or Its Member States In relation to third States .
F.      Monitoring of progress and evolution of the Directive
117 .    Implementation and monitoring of progress of market opening are
        the objectives In particular of Articles 27 ( internal reports ).
1    O.J. L 71 of 17 March 1980 , p. 44
 ---pagebreak---                                    - 32
           Articles 28 ( statistical reports ), and Article 30 ( Review
           Clause ). These provisions may at first sight appear to be
           heavy-handed and bureaucratic . They are , however , of fundamental
           Importance .   The opening up procurement markets In the excluded
           sectors Is a very complex and sensitive undertaking . It can
          succeed only If It Is clear from the outset that everybody
          concerned will     have to fully comply with the rules .     Without
          everybody being seen as conforming to the rules the necessary
          climate of confidence can never be established . The prospect
          for making a realistic review after four years , and for
          developing meaningful and necessary modifications would equally
          be hampered If statistical evidence on the operation of this
          Directive was missing . The Commission Intends furthermore to
          pursue other Ideas for assessing progress In market opening In
          order    to  keep  the   degree of  bureaucracy  required   by  this
          Directive as low as possible .
   (2)    Comments on Title V of the Directive
   118 .  The other relevant provisions of this Title deal with :
          - technical adaptations of certain provisions , and
          - coming Into force , adaptation of the existing Directives , and
             transpositions Into national law .
   119 . Article 25 enables currency adaptations In the context of the
          European Monetary System to be taken Into account on a regular
         basis , and subject to a confirmation or a revision of the
         calculation method .
  120 .  Articles 26 provides the criteria and the method for adjusting
          the field of application of this Directive by way of
         modification of the annexes .     It thereby  creates the necessary
         margin of manoeuvre with regard to changes In the market place ,
         such as those which may follow from privatisation , deregulation ,
         and market liberalisation policies .
         The procedure envisaged In Article 26 ( 2 ) corresponds to the one
         agreed by way of Council Decision 87/ 373/ EEC^ for cooperation
         with advisory committees .
 121 .   Article 29     Is necessary for establishing a priority for the
         Directive on the excluded sectors for those cases where public
         contracting entitles are also In the field of application of the
         existing Directives on public supply contracts and public works
         contracts .
         Second , It enlarges the exclusion of the water sector from the
         existing Directives with regard to contracts related to
         hydraul Ic eng Ineer Ing , Irrigation , land drainage and sewage .
         These contracts should be subject to the same rules as those
 _concerned wit h drinking water for the reasons already given .
1I        O.J. L 197 Of 18 July 1987 .
 ---pagebreak---                                         - 33 -
                                   Proposai for a
                                 COUNCIL DIRECTIVE
    on the procurement procedures of entitles providing water , energy and
                                transport services
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing       the European Economic Community
 and In particular Article 100a and Article 113 thereof ,
 Having regard to the proposal from the Commission ,
 In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas    the measures aimed at progressively establishing the           Internal
market , during the period up to 31 December 1992 , need to be taken ;
whereas    the   Internal  market    consists  of   an  area   without    Internal
frontiers In which free movement of goods , persons , services and capital
 Is guaranteed ;
Whereas successive European Councils have drawn conclusions concerning
the need to realise a single Internal market ;
Whereas restrictions on the free movement of goods and on the freedom to
provide services     in respect of supply contracts awarded        In the water ,
energy and transport sectors are prohibited by the terms of Articles 30
and 59 of the Treaty ;
Whereas Article 97 of the Euratom Treaty prohibits any               restrictions
based on nationality as regards companies under the Jurisdiction of a
Member State where they desire to participate In the construction of
nuclear    Installations  of   a   scientific  or   Industrial   nature    In  the
Community ;
 ---pagebreak---                                           - 34
 Wereas these objectives also require the coordination of the procurement
 procedures applied by the entitles operating in these sectors ;
Whereas the White Paper on the completion of the Internal Market contains
 an action programme and a timetable for 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 for the award of public works contracts ^ 1 ) , as last amended
by    the   Act   of     Acceslon      of    Spain    and  Portugal ,  and   Council
Directive 77/62 / 44C of 21 December 1986 coordinating procedures for the
award of public supply                  contracts ^ 2 ) , as    last    amended   by
Directive 88/ 295/EEC < 3 > ;
Whereas among such excluded sectors are those concerning the provision of
water , energy and transport services -,
Whereas the main reason for their exclusion was that entities providing
such services are In some cases governed by public law ,               in others by
private law ;
Whereas the need to ensure a real opening-up of the market and a fair
balance In the application of procurement rules in these sectors requires
that the entitles to be covered must be Identified on a different basis
than by reference to their legal status ;
(1)    OJ N° L 185 , 16 / 08/ 1971 , p. 5 .
(2)    OJ N° L 13 , 15 / 01 / 1977 , p. 1 .
(3)    OJ N° L 127 , 20 / 05 / 1988 , p. 1 .
 ---pagebreak---                                         - 35
  Whereas among the main reasons why entitles operating In these sectors do
  not purchase on the basis of Community-wide competition Is the closed
  nature of the markets      In which they operate , due to the existence of
  special or exclusive rights or authorisations granted             by the national
  authorities ,   concerning   the   supply    or    management   of   networks   for
 providing the service concerned , or          to the exploitation of a given
 geographical area for a particular purpose ;
 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 the behaviour of these entitles ,           Including
 participations     In  their  capital    and  representation     In  the   entitles'
 administrative , managerial or supervisory bodies ;
 Whereas this Directive should not extend to activities of these entitles
 which   either fall outside the sectors of water , energy , and transport
 services ,   or  which   fall  within    those    sectors   but  nevertheless    are
 directly exposed to competitive         forces    In markets to which entry        Is
 unrestr Icted ;
 Whereas the purchase of water as such and of energy , as well as the
 purchase of fuels for the production of energy , takes place at present
under conditions for which procurement          rules of the type proposed for
supplies    of   goods   are   Inappropriate ,    while   the   problems   posed   by
purchases of energy and fuels In the energy sector will be addressed In
the context of the       Initiatives to be taken to realize the Community 's
 Internal market In energy ;
Whereas this Directive should not apply to procurement contracts which
affect basic State security Interests or which are concluded according to
other rules set up by existing International agreements or International
organlsat Ions ;
Whereas the Community 's or the Member States'             existing    International
obligations must not be affected by the rules of this Directive ;
 ---pagebreak---                                         - 36 -
 Whereas , within certain limits , a preference should be given to an offer
                                                      4
 of Community origin where there are equivalent offers of third country
 origin ;
 Whereas this Directive should not prejudice the position of the Community
  In any current or future International negotiations ;
 Whereas , based on the results of such International negotiations this
 Directive should be extendable to offers of third country origin ,
 pursuant to a Council Decision ;
 Whereas    in   the  area of   standards and    technical   specifications    It  Is
 necessary     to adopt   common rules    taking   fully   Into account    Community
 policy In the field ;
 Whereas contracting entitles must be able to reject offers which , because
 they are based on State aids , are unreliable ;
Whereas     the   principles of    equivalence    and of   mutual   recognition of
national     standards ,  technical  specifications and manufacturing methods
are applicable in the field of application of this Directive ;
Whereas     the    rules  to  be  applied   by   the  entitles    concerned   should
establish a framework for sound commercial practice and should leave a
maximum of flexibility ;
Whereas as a counterpart for such flexibility and In the                interest of
mutual    confidence a minimum     level of transparency and appropriate ways
for monitoring the application of this Directive must be ensured ;
Whereas In the different sectors covered , the procurement problems to be
solved are      of a similar nature permitting them to be addressed In one
Instrument ;
Whereas It      Is desirable for national provisions In favour of regional
development to be Included in the Communities' objectives ;
 ---pagebreak--- Whereas the Commission should review the functioning of this Directive
and the effects which It has had , after four years , In order to make any
necessary further proposals ;
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                        - 38 -
                             Tit le I - General Provisions
                                       ARTICLE 1
 For the purposes of this Directive :
 1 . “ Public contracting entitles " means public authorities and public
      undertakings ;
2 . " Public authorities " means the State , regional or local authorities ,
     bodies governed by public law or associations formed by one or several
     of   such authorities or      bodies governed by public     law .   A body  Is
     considered to be governed by public law where It
          Is established for the specific purpose of meeting needs In the
         general Interest , and
     -   has legal personality and
     -   has an administrative , managerial , or supervisory board more than
         half of whose members are appointed by the State , regional or local
         authorities , or by other bodies governed by public law , and
     -   Is  financed ,  for   the most    part , by the State , or    regional or
         local authorities , or other bodies governed by public law ;
3 . " Public undertakings " means :
     any undertaking over which the public authorities may exercise
     directly or Indirectly a dominant Influence by virtue of their
     ownership of It , their financial participation therein , or the rules
     which govern It .     A dominant Influence on the part of the public
     authorities shall     be presumed when these authorities , directly or
     indirectly In relation to an undertaking :
     -   hold the major part of the undertaking 's subscribed capital ; or
    -    control the majority of the votes attaching to shares Issued by the
        undertakings ; or
    - can appoint more than half of the members of the undertaking 's
        administrative , managerial or supervisory body .
 ---pagebreak---                                              - 39 -
 4 . An “ associated or affiliated undertaking " means any undertaking over
     which the contracting entity may exercise directly or             Indirectly a
     dominant Influence or which may exercise a dominant Influence over the
     contracting entity or which , In common with the contracting entity , is
     subject to the dominant Influence of another undertaking by virtue of
     ownership , financial participation , or the rules which govern It .            A
     dominant     Influence on the part of an undertaking shall be presumed
     under the circumstances set out In point 3 above .
5 . " Supply     and works contracts "    are  contracts   for  pecuniary    Interest
     concluded In writing between one of the contracting entitles referred
     to In Article 2 and a tenderer , and which have as their object
     (a)      In the case of supply contracts , the purchase ,     lease , rental or
             hire-purchase of products with or without options to buy .           The
             contract    may   In   addition    cover   siting   and    installation
             operations provided that their value Is lower than that of the
             products ;
     (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 X or the realisation by whatever means of
             building or civil engineering works taken as a whole that are
             sufficient   of themselves    to  fulfill  an economic or     technical
             function for the user ;
6. A     " concession "   Is  a   contract    concluded   In   writing    between   a
    contracting entity which Is a public authority within the meaning of
    point 2 and a contracting entity which Is not a public contracting
    entity within the meaning of point 1 whereby the latter accepts the
    responsibility for constructing , supplying or managing a network
    falling within the scope of Article 2 ( 3)(a)(i ) at Its own expense and
    risk , in return for a rémunération .
 ---pagebreak---                                           - 40 -
 7 . A supplier or contractor who submits a tender shall be designated by
      the term " tenderer " and one who has sought an Invitation to take part
      In a restricted or negotiated procedure by the term " candidate " ;
 8 . " Open , restricted and negotiated procedures " are               the   purchasing
      procedures applied by contracting entitles whereby
      (a)     In the case of open procedures , all          Interested suppliers or
             contractors may submit tenders ;
      (b)     in  the    case  of   the   restricted   procedures ,   only  candidates
              Invited by the contracting entity may submit tenders ;
      (c)     in the case of negotiated procedures , the contracting entity
             consults suppliers or contractors of Its choice and negotiates
             the terms of the contract with one or several of them .
9 . " Technical      specifications " means any of the technical         prescriptions
     contained      in particular     In the tender documents ,     which define the
     characteristics of a work , material ,          product or supply ,     In such a
     manner     that   It  fulfills    the use   for which  It  Is   Intended   . These
     technical     prescriptions may      Include quality , performance ,    safety or
     dimensions ,     as well    as  requirements    concerning   quality   assurance ,
     terminology , symbols , testing and test methods , packaging , marking or
     labelling . In relation to works contracts , they may also Include the
     test ,  Inspection and acceptances for works and methods or techniques
     of construction and any other technical conditions ,              In relation to
     the finished works and to the materials or parts which they Involve .
10 .     A " standard " is a technical specification approved by a recognized
         standardizing      body    for    repeated   and  continuous     application ,
         compliance with which Is in principle not compulsory .
 ---pagebreak---                                       - 41
11 . A   " European   standard "   Is   a  standard approved by          the   European
     Committee for Standardisation ( CEN ) or by the European Committee
     for     Electrotechnical    Standardisation         ( CENELEC )  as  a  " European
     Standard ( EN ) M or " Harmonisation Document ( HD )" according to the
     Common Rules of those organisations .
12 . A  " common technical     specification "      Is a      technical  specification
     drawn up with a view to uniform application In all Member States of
     the Community .
13 . A    " European   technical      approval "     Is     a   favourable   technical
     assessment of the fitness for use of a product for a particular
     purpose ,    based on  fulfilment     of    the    essential    requirements   for
     building works for which the product Is used .
 ---pagebreak---                                             - 42 -
                                        ARTICLE 2
 1 . Subject       to  paragraphs    4  and   7,  and  without   prejudice   to  the
     Community 's       International    obligations ,  the   provisions   of   this
     Directive shall apply to the award of supply           and works contracts by
     contracting entitles which
     (a)       are public or operate on the basis of special           or exclusive
               rights or an authorisation granted by a competent authority of a
               Member State ; and
     (b)       In the case of public contracting entitles , have as one of their
               activities any of those defined as being relevant            for  the
               purposes of this Directive by paragraph 3 ;
     (c)       In the case of contracting entitles which are not public , have
              as   their   principal   activity any of    those defined as being
               relevant for the purposes of this Directive by paragraph 3 or
              any combination thereof .
2 . The contracting entitles Identified In Annexes I to IX fulfil the
     criteria set out above .
3 . Relevant activities for the purposes of this Directive are
     (a)      the supply or management of networks providing a service to the
              public In connection with the production , transport or
              distr Ibut Ion of
         ( I ) dr Inklng water ; or
                                   \
         ( II ) electrlclty ; or
         ( III ) gas or heat ;
 ---pagebreak---                                           - A3
     (b)        the exploitation of a geographical area for the purpose of
          ( I ) exploring   for  or extracting   oil ,   gas ,  coal   or  other    solid
          fuels ; or
          ( II ) the provision of airport , maritime or        Inland port , or other
          terminal       facilities   to    carriers      by     air ,    sea ,     land ,
         or Inland waterway .
     (c)       the management of networks providing a service to the public In
               the field of transport by railway , tramway , trolley bus , or bus .
         As regards transport services , a network shall be considered to
         exist where the service Is provided under operating conditions laid
         down      by  a  competent  authority   of    a  Member     State ,    Including
         conditions on the routes to be served ,           the capacity to be made
         available , and the frequency of the service .
4 . Contracting entitles providing bus transport services to the public
    within the meaning of paragraph 3 ( c ) shall be excluded from the
    provisions of this Directive provided that :
    (a)        they   enjoy  no special  or  exclusive     right    to provide      those
               services either in general or In a particular geographical area ;
               and
    (b)        other entities are free to provide those services under the same
               conditions as the contracting entities .
5 . For the purposes of applying paragraph 1 ( a ), a contracting entity
    shall be considered to operate on the basis of special or exclusive
    r I ghts when :
 ---pagebreak---                                           - 44 -
     (a)      for the purpose of constructing the networks or facilities to
              which paragraph 3 refers , It may take advantage of a procedure
              for the expropriation or use of property or place network
              equipment on , under or over the public highway ;
     (b)      In the case of paragraph 3 ( a ) It supplies a network which Is
              Itself managed by an entity on the basis of special or exclusive
              rights or an authorisation granted by a competent authority of a
             Member State .
6 . This Directive shall also apply to contracts awarded by contracting
    entitles whose activities are described In paragraph 3(a)(1 ), Insofar
    as the contracts are In connection with hydraulic engineering
    projects ,     Irrigation ,  land drainage or the disposal or treatment of
    sewerage .
7 . A contracting entity benefiting from a concession within the meaning
    of Article 1 ( 6 ) In relation to an activity described In paragraph ( 3 )
    ( a ) ( I ) may award supply or works contracts without respecting the
    provisions of Titles        II , III and  IV when It Intends to award such
    contracts to undertakings with which it Is associated or affiliated ,
    provided that :
    (a)      for those cases where the concession contract of which It Is a
             beneficiary has been concluded after the coming Into force of
             this Directive , a call for competition has been made through the
             publication of a tender notice In the Official Journal of the
             European Communities drawn up In accordance with Annex XI ; and
    (b)      the entity enclosed a comprehensive list of these undertakings
            with    its candidature for the concession , and has updated that
             list following any subsequent changes in relationships between
             the undertakings .
 ---pagebreak---                                       - 45
                                     ARTICLE 3
This   Directive shall      not  apply   to contracts which   the   contracting
entitles award exclusively for purposes other than the pursuit of their
activities as described In Article 2 ( 3 ), provided that , except       In the
case of public authorities :
   (a)    the activities have been notified to the Commission , and
   (b)    the Commission has published notification of their exclusion ,
          after   verification ,   In the Official   Journal of   the  European
          Commun I t I es .
 ---pagebreak---                                    - 46 -
                                 ARTICLE 4
1 . The provisions of this Directive shall not apply to contracts for the
    supply of products purchased for re-sale or hire to third parties ,
    provided that the contracting entity enjoys   no special or exclusive
    right to sell or hire such products , and other entitles are free to
    sell  or  hire  them under  the  same conditions   as the  contracting
    entity .
2 . Member States shall notify the Commission of the products falling
    within the scope of paragraph 1 and of any relevant legal provisions .
 ---pagebreak---                                   - 47 -
                                 ARTICLE 5
This Directive shall not apply to contracts
   (a)   In the case of the contracting entitles specified     In Annex   I
         for the purchase of water ;
   (b)   In the case of contracting entitles specified     In Annexes  II ,
         III , IV and V , for the purchase of energy or for the supply of
         fuels for the production of energy .
 ---pagebreak---                                  - 48 -
                                ARTICLE 6
This Directive shall not apply to contracts when their execution must be
accompanied by special security measures    In accordance with the  laws ,
regulations or administrative provisions   In force  In the Member State
concerned or when the protection of the basic Interests of that State 's
security so requires .
 ---pagebreak---                                    - 49 -
                                       ARTICLE 7
 1 . This Directive shall       not apply to contracts governed by different
     procedural rules and awarded :
     (a)    pursuant   to   an   International     agreement   concluded  between     a
           Member State and one or more non-member countries and covering
           supplies   or    works   Intended    for   the  joint  Implementation or
           exploitation     of   a   project    by   the  signatory   States ;    every
           agreement shall      be communicated to the Commission , which may
           consult the Advisory Committee for Public Contracts set up by
           Council Decision 71 / 306/ EEC < 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 ;
     (c)   pursuant    to    the   particular     procedure   of   an  International
           organisât Ion .
(1)     OJ N° 185 , 16/ 08/ 1971 , p. 15 .
 ---pagebreak---                                       - 50 -
                                       ARTICLE 8
 1 . This Directive shall apply to contracts whose value , net of VAT , is
      not   less than :
      - 200 000 ECU In the case of supply contracts ,
     - 5 000 000 ECU In the case of works contracts .
2 . In the case of supply contracts the basis for calculating the contract
     value sha II be :
          In the case of fixed term contracts , where their term Is 12 months
         or    less ,  the  total contract  value for  Its duration , or ,  where
          their    term   exceeds 12 months ,  Its total   value  Including   the
         estimated residual value ;
     -    In the case of contracts for an indefinite period or In cases where
         there    Is doubt as to the duration of the contracts , the monthly
          Instalment multiplied by 48 .
3 . In the case of regular supply contracts or of contracts which are to
     be renewed within a given time , the contract value may be established
     on the basis of :
     -   either the aggregate cost of similar contracts concluded over the
         previous fiscal year or 12 months , adjusted , where possible for
         anticipated changes In quantity or value over the subsequent 12
         months ;
    - or the estimated aggregate cost during the 12 months following
         first delivery or during the term of the contract , where this Is
        greater than 12 months .
    The selection of the evaluation method shall not be used with the
     intention of avoiding the application of this Directive .
 ---pagebreak---                                      - 51
 4 . In cases where a proposed procurement specifies option clauses , the
      basis for calculating the contract value shall be the highest possible
      total purchase , lease , rental , or hire-purchase permissible , inclusive
     of the option clauses .
 5 . Contracts may not be split up with the          Intention of avoiding the
     application of this Directive . For the purpose of establishing the
     contract value for the application of paragraph 1 :
     -   the  value of   products of    the same  type must   be added up when
         contracts for these products      are awarded at the same time but    In
         different parts ;
         the value of all    contracts must be added up where a work      Is the
         subject of several lots Involving separate contracts .
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 .
 ---pagebreak---                                             - 52 -
                  Title II - Technical specifications and standards
                                             ARTICLE 9
 1 . The technical specifications concerning materials , products , supplies ,
      or works shall be defined by reference to national standards
      Implementing European standards or by reference to common technical
      specifications or European technical approvals .
 2 . Contracting entitles may derogate from paragraph 1 If :
      (a)    the    standards     do      not   Include    provision    for   establishing
             conformity ,     or   technical       means   do   not  exist   to  establish
             satisfactorily conformity with these standards ;
     (b)     the application of paragraph 1 would prejudice the application
            of     Council     Decision       87/ 95 / EEC  of    22  December    1986   on
             standardization      in     the   field of      Information   technology   and
             te lecommun I cat ions ^ 1 ) ;
     (c)    use of these standards would oblige the contracting entity to
            acquire supplies Incompatible 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   common     technical
            spec I f Icat Ions ;
     (d)    the project concerned Is of a genuinely innovative nature for
            which use of existing standards would not be appropriate .
(1)      OJ N° L 36 , 07/ 02 / 1987 , p. 31 .
 ---pagebreak---                                     - 53 -
3 . Insofar as contracting entitles are obliged to publish a tender notice
    according to Article 13 ( 1 ) or do so voluntarily according to Article
    13 (2) (a), they shall record In that notice , unless It Is Impossible ,
    the reasons for Invoking paragraph 2 .
 ---pagebreak---                                          - 54 -
                                          ARTICLE 10
 1 . In the absence of European standards , common technical specifications
     or European technical approvals , the technical specifications may be
      defined by reference to other standards .
      In  this    case .   It   Is   appropriate    to make  reference    In order  of
     preference to :
      (a)   national standards Implementing International standards accepted
            In the country of the contracting entity ;
     (b)    other      national    standards of the country of        the contracting
            ent I ty ;
     (c)    any other standard .
2 . Standards and specifications            that   indicate performance requirements
     rather than design or description characteristics shall be preferred
    unless the contracting entity has objective reasons for considering
     that such standards are inadequate for the purposes of the contract .
3 . Technical     specifications which mention goods of a specific make or
    source   or    of    a  particular    process    and which  have   the effect  of
    favouring or eliminating certain undertakings shall not be used unless
    such specifications are Indispensable for the subject of the contract .
     In particular , the Indication of trade marks , patents , types or
    specific origin or production shall be prohibited ; however , such an
     Indication accompanied by the words 'or equivalent' shall be
    authorized where the subject of              the contract   cannot otherwise be
    described by specifications which are sufficiently precise and fully
    Intelligible to all concerned .
 ---pagebreak---                                         - 55
                                       ARTICLE 11
1 . Contracting entitles shall make available to Interested suppliers or
    contractors      on   demand    the    technical    specifications ,   concerning
    materials , products , supplies , or works which they procure regularly
    or which     they   Intend  to apply     to procurement    covered by periodic
    Information     notices within      the meaning of Article       14 . Where such
    technical     specifications      are    based   on   documents    available   to
    Interested suppliers or contractors , a reference to those documents
    shal l be suff Iclent .
2 . Contracting entitles shall Include the technical specifications In the
    general    documents    or   the   contractual    documents   relating   to  each
    contract .
 ---pagebreak---                                     - 56 -
               Title III - Procedures for the award of contracts
                                     ARTICLE 12
1 . Contracting entitles may choose any        of the procedures described In
    Article 1 ( 8 ) provided , subject to paragraph 2 , a call for competition
    has been made In accordance with Article 13 .
2 . Contracting entities may use the negotiated procedure without prior
    call for competition In the following cases :
    (a)    In the absence of tenders or where all tenders are Irregular Ir
           response to an open or restricted procedure ;
    (b)    In  the  case of    supply contracts ,   when  the contract    will  be
          executed purely for the purpose of research , experiment , study
          or   development .  However ,  this provision    shall   not  extend  to
          quantity    production   to establish    commercial   viability or    to
          recover research and development costs ;
    (c)   when ,   for   technical   or   artistic   reasons ,  or   for   reasons
          connected with protection of exclusive rights , the contract may
          be executed only by a particular supplier or contractor ;
    (d)   in so far as Is strictly necessary when , for reasons of extreme
          urgency brought about by events unforeseeable by the contracting
          entitles , the time limits laid down for open and restricted
          procedures cannot be adhered to ;
 ---pagebreak---                                - 57 -
           (e)    In  the   case   of    supply   contracts ,     for  additional
                 deliveries by the original supplier which are Intended
                 either as a partial replacement of normal supplies or
                 Installations or as the extension of existing supplies
                 or  Installations     where    a  change    of   supplier    would
                oblige    the   contracting     entity    to   acquire   material
                 having different technical characteristics which would
                result In Incompatibility or disproportionate technical
                difficulties      In    operation     and    maintenance .     This
                procedure may only be applied ,            as   a general     rule ,
                during    the  five    years   following     the   award   of   the
                original contract ;
(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 unforeseen c I rumstances ,
      become necessary for       the carrying out of        the work described
      therein , on condition that the award is made to the contractor
      carrying out such work :
    - when such works cannot be technically or economically separated
      from   the main    contract    without    great   Inconvenience     to    the
      contracting entitles ;
    - or when such works , although separable from the execution of the
      original contract , are strictly necessary to Its later stages ;
(g)   In the case of works contracts , for new works consisting of the
      repetition of similar works entrusted to the contractor to
      which the same contracting entitles awarded an earlier contract ,
      provided that such works conform to a basic project for which a
      first contract was awarded after a call for competition . As soon
 ---pagebreak---                               - 58 -
    as the first project Is put up for tender , notice must be given
     that this procedure     might be adopted and the total estimated
    cost of subsequent works shall       be taken   Into consideration by
    the   contracting   entitles when    they   apply   the    provisions of
    Article 8 .   This procedure may only be applied ,          as a general
    rule , during the five years following the          conclusion of the
    original contract ;
(h) for goods quoted and purchased on a commodity market ,
(I) for purchases from suppliers who are bankrupt or being wound up ,
    whose affairs are being administered by          the court ,    who have
    entered   Into   an  arrangement   with   creditors ,    whose   business
    activities   have   been   suspended or   who  are    In  any   analogous
    situation arising from a similar procedure under national            laws
    and regulat Ions .
 ---pagebreak---                                          ARTICLE 13
  1 . Contracting entitles which           Intend    to award a      contract    by open
       procedure shall make known their Intention by means of a tender notice
       In accordance with Annex XII A.
 2 . Contracting entitles which Intend to award a contract by restricted or
      negotiated procedure with a prior call for competition may choose to
      make the call :
       (a)    by means of a notice drawn up In accordance with Annex XII B or
             Annex XII C or
      (b)    by Inviting candidates who have qualified In accordance with a
             qualification system meeting the conditions of Article 20 which
             has been the subject of a notice drawn up In accordance with
             Annex XIII .
 3 . A call for competition shall also be considered to have been made by
      means of a periodic Indicative notice within the meaning of Article 14
      on condl t Ion that   :
      (a)    the contract relates to supplies or works covered by the notice ;
             and
      (b)    the  notice     Indicated   that   the   contract   would be    awarded by
             restricted or negotiated procedure ; and
      (c)    the   contracting     entitles   provide    all   candidates    which   have
             Indicated    In   writing    their    Interest   to   take   part    In  the
             procedure   with    an  opportunity     to  confirm    their   Interest   In
             receiving    an     Invitation   on    the   basis    of   more    detailed
             Information relating to the particular contract .
4 . All    notices referred to       In this Article shall       be published     In the
     Official Journal of the European Communities .
 ---pagebreak---                                   " i> i'    –
                                    ARTICLE 14
1 . Contracting entitles shall make known , at least once a year , by means
    of a periodic Indicative notice drawn up In accordance with Annexes
    XIV A and B and published       In the Official   Journal of the European
    Commun I t I es :
    (a)      In the case of supply contracts , the total procurement envisaged
             for the coming twelve months for each product area of which the
            estimated value ,    taking   Into account the provisions of
            Article 8 , Is equal to or greater than 750,000 ECU ;
    (b)      In the case of works contracts , the essential characteristics of
             the works contracts envisaged of which the estimated value Is
            equal to or greater than 5 000,000 ECU .
2 . A periodic notice need not Include Information on contracts which
    would prejudice the legitimate commercial Interests of the contracting
    ent I ty .
 ---pagebreak---                                        - 59 -
                                      ARTICLE 15
 1 . Contracting entitles which have awarded a contract shall make known
     the results of the procedure by means of a notice published             In the
     Official    Journal   of the European Communities .      The notice shall    be
     drawn up In accordance with Annex XV .
2 . Where publication of the        information envisaged     In the model   notice
     would   Impede   law enforcement or otherwise be contrary to the public
     Interest    or  would prejudice    the    legitimate commercial   Interest   of
     particular undertakings , public or private , or might prejudice fair
     competition between suppliers or contractors , the entitles may           limit
     the  contents of     the notice  to   the   fact  that the contract  has   been
     awarded .
3 . The    notices    referred  to   In   the    preceedlng  paragraphs  shall    be
     dispatched at the latest 48 days after the award of the contract             in
     quest Ion .
 ---pagebreak---                                     - 60 -
                                    ARTICLE 16
 1 . The length of the notices referred to In the proceeding Articles shall
      not exceed one page of the Official Journal of the European
      Communities , that is to say approximately 650 words .
 2 . The contracting entitles must be able to supply proof of the date of
      dispatch .
 3 . The notices shall be published In full in their original language In
      the Official Journal of the European Communities and In the data bank
     TED .   A summary of the   Important elements of each notice shall    be
     published In the other official languages of        the Community ,  the
     original text alone being authentic .
4 . The Office for Official Publications of the European Communities shall
     publish the notices not later than 12 days after their dispatch .     In
     the case of the accelerated procedure , referred to In Article 17 ( 4 ),
     this period shall be reduced to five days .
     Each edition of the Official Journal of the European Communities which
     contains one or     more notices shall  reproduce  the model  notice or
     notices on which the published notice or notices are based .
5 . The cost of publication of the notices In the Official Journal of the
     European Communities shall be borne by the Communities .
6 . Contracts in respect of which a notice is published In the Official
     Journal of the European Communities pursuant to Article 13(1 ) or
     ( 2)(a ) shall not be published In any other way before that notice has
     been dispatched to the Publications Office of the European
     Communities . Such publications shall not contain Information other
     than that published in the Official Journal of the European
     Commun lt les .
 ---pagebreak---                                      ARTICLE 17
 1 . In open procedures the time limit for the receipt of tenders shall be
       fixed by contracting entitles at not less than 52 days from the date
      of dispatch of the notice .
 2 . In     restricted procedures and negotiated procedures with prior call
      for competition , the time for receipt of requests to participate fixed
      by the contracting entities shall be not less than 37 days from the
      date of dispatch of the notice or the letter of Invitation .
 3 . In restricted procedures , the time limit for receipt of tenders fixed
     by contracting entities may not be less than 40 days from the date of
     dispatch of the written Invitation .
4 . In cases where urgency renders impracticable the time limits laid down
      In paragraphs 2 and 3 , contracting entitles may fix the following time
      I Imi ts :
     (a)      a time limit for receipt of requests to participate which shall
              be not less than 15 days from the date of dispatch of the notice
              or the letter of Invitation ,
     (b)      a time limit for the receipt of tenders which shall be not less
              than 10 days from the date of the Invitation to tender .
5 . Contracting entitles which wish to award a concession In the water
     sector , pursuant to Article 2(7)(a ), shall fix a time limit for
     receipt of candidatures which shall be not less than 52 days from the
     date of dispatch of the notice .
 ---pagebreak---                                        - 62 -
                                       ARTICLE 18
  1 . The contract documents must be sent to the suppliers or contractors by
        the contracting entitles as a general rule within 4 working days of
       receiving their appl Icat Ion .
 2 . Provided It has been requested In good time , additional Information
       relating to the contract documents shall be supplied by the
      contracting entitles 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 . Where tenders require the examination of voluminous 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  taken  Into account    In fixing  the appropriate time
       I Imlts .
4 . Contracting entitles shall invite selected candidates simultaneously
      and In writing . The letter of Invitation shall be accompanied by the
      contract documents and supporting documents . It shall Include at
      least the following Information :
      (a)     the address from which any additional documents can be requested
              and the final date for making such a request ; also the amount
              and terms of payment of any sum to be paid for such documents ;
      (b)     the final date for receipt of tenders , the address to which they
              must be sent and the language or languages In which they must be
              drawn up ;
      (c)     a reference to the tender notice published ;
      (d)     an Indication of any document to be annexed ;
      (e)     the criteria for the award of the contract       If these are not
              given In the not Ice .
5 . Requests to participate In contracts and Invitations to tender may be
     made by letter , or by any appropriate means of telecommunication . If
     by the latter , they must be confirmed by letter .
 ---pagebreak---                                        - 63 -
                               Title IV - Qualification .
                           selection and award of contracts
                                       ARTICLE 19
 1 . The qualification of suppliers or contractors and their selection to
      participate In restricted or negotiated procedures shall be based on
      criteria    that   are   objective   and    non-d I scr I minatory .  Contracting
      entitles shall not , In particular :
      (a)    Impose obligations of an administrative , technical or financial
            nature on some suppliers or contractors that are not imposed on
            others ;
      (b)   require    tests    or  proofs   that   duplicate      objective   evidence
            already aval lable .
2 . The     criteria      for    exclusion    specified         in   Article    23   of
     Directive 71 / 305 / EEC and In Article 20 of Directive 77 / 62 / EEC shall be
     considered objective and non-dlscr Imlnatory ,
3 . Contracting entitles shall lay down the criteria and rules according
     to which they will qualify or select candidates . These criteria and
     rules shall be made available on demand to any Interested supplier or
     contractor .
4 . Contracting      entitles    shall   respect    the     confidential    nature   of
     Information    made    available   by  suppliers      or    contractors   for  the
    purposes of qualification , selection or participation In a contract
    procedure .
 ---pagebreak---                                       - 64 -
                                   ARTICLE 20
 1 . Contracting    entitles which   operate    a  system   of  qualification   of
      suppliers or contractors shall take a decision as to qualification
      within a period of six months from the presentation of an application
      unless for objective 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 .
2 . Applicants whose qualification Is refused shall be Informed of this
     decision and the reasons for     refusal .   The reasons must    be based on
     the criteria for qualification referred to In Article 19 ( 1 ).
3 . A written record of qualified suppliers or contractors         shall be kept ,
     which may be divided Into categories according to the type of contract
     for which the qualification Is valid .
4 . Contracting entitles may bring the qualification of a supplier or
     contractor to an end only for reasons Justified by the criteria
     referred to In Article 19 ( 1 ). The Intention to 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 .
5 . Where the qualification system Is of Indefinite duration . It shall be
     the subject of a notice drawn up In accordance with Annex XIII and
     published annually In the Official Journal of the European
     Communities , Indicating the purpose of the qualification system and
     the availability of the rules concerning its operation .
 ---pagebreak---                                     - 65
6 . Where the qualification system Is not of Indefinite duration , it shall
    be the subject of a notice In the Official Journal of the European
    Communities , Indicating m addition to the Information required by
    paragraph 5 . the duration of the system which shall not be longer than
    a period of three years .
 ---pagebreak---                                     - 66 -
                                  ARTICLE 21
1 . Suppliers or   contractors which have requested to participate      In a
    contract procedure may not be excluded from the procedure for reasons
    other than those laid down by the contracting entity and available
    from It on demand . Such reasons may Include the objective need of the
    entity  to  reduce  the  number   of  candidates  to a  level  which   Is
    justified by the need to balance the particular characteristics of the
    contract procedure and the resources required to complete It .
2 . Groupings of suppliers or contractors may not be refused as regards
    the submission of tenders or participation     In a contract procedure .
    Groupings shall not be required to assume a specific legal form In
    order to submit a tender or to negotiate . However , should a grouping
    be awarded the contract It may be required to do so , provided that a
    specific legal form is necessary for the satisfactory performance of
    the contract .
 ---pagebreak---                                        - 67 -
                                     ARTICLE 22
 1 . The criteria on which the contracting entities shall base the award of
      contracts shal I be :
      (a)   the most economically advantageous tender , Involving various
            criteria such as : delivery date , period for completion , running
            costs ,  cost-effectiveness ,   quality ,   aesthetic    and   functional
            characteristics ,   technical    merit ,    after-sales     service   and
            technical assistance , price ; or
     (b)    the lowest price only .
2 . In the case referred to in paragraph 1 ( a ), the contracting entitles
     shall state In the contract documents or        In the tender notice all the
     criteria   they   Intend  to  apply   to   the    award ,  where   possible    In
     descending order of Importance .
3 . Where the criterion for the award of the contract          is that of the most
     economically    advantageous   tender ,   contracting     entitles    may   take
     account of variants which meet the minimal specifications required by
     the contracting entitles . Contracting entitles shall Indicate In the
     contract documents whether variants will be considered together with
     the   minimal    specifications    to   be   respected      and   any    special
     requirements for the presentation .
 ---pagebreak---                                       - 68 -
  4 . Contracting     entitles    shall  not    reject   offers   concerning    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 , that    is , have such characteristics
       that the works In which they are to be Incorporated , assembled ,
       applied or Installed can , If properly designed and built , satisfy the
      essential requirements within the meaning of Council Directive 1 ...,
      when and where this Is required by the regulations concerning given
      works .
 5 . If , for a given contract , tenders appear abnormally low In relation to
      the transaction , the contracting entity shall request ,          In writing ,
      explanations on the constituent elements of the tender concerned .           It
      shall   In particular enquire whether the tenderer Is In receipt of any
      form   of  State  aid   and  whether   the  aid   has  been  notified  to   and
      received the approval of the Commission pursuant to Article 93 ( 3 ) of
      the Treaty .
      Tenders which appear abnormally low may not be rejected If they are
      Justified    on   objective    grounds    Including    the  economy   of    the
      construction or production method , or the technical solutions chosen ,
      or the exceptionally favourable conditions available to the tenderer
      for the execution of the contract , or the originality of the product
     or the work proposed by the tenderer .
     Tenders which are abnormally low due to the receipt of a             State aid
     may be rejected If the aid In question has not been notified to the
     Commission pursuant to Article 93 ( 3 ) of the Treaty or has not
      received the Commission 's approval . Contracting entitles which reject
     a tender under these circumstances shall Inform the Commission .
1    Proposal for a Council Directive on the approximation of the laws ,
regulations and administrative provisions of the Member                       States
relating to construction products , COM ( 86 ) 756 flnal / 3                 of 17
February 1987 .
 ---pagebreak---                                      - 69 -
                                     ARTICLE 23
1 . Article 22 ( 1 ) shall not apply when a Member State 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 with
    the Treaty .
2 . Without prejudice to paragraph 1 , this Directive shall not prevent ,
    until   31   December   1992 ,    the  application    of   existing    national
    provisions on the award of public supply or works contracts which have
    as  their   objective  the  reduction of     regional    disparities   and  the
    promotion of    Job creation     In regions whose development       Is  lagging
    behind and    in declining    Industrial  regions , on condition that       the
    provisions   concerned  are    compatible with    the   Treaty  and   with  the
    Community 's International obligations .
 ---pagebreak---                                        - 70 -
                            TITLE V - Final Provisions
                                    ARTICLE 24
 1 . Without prejudice to the obligations of the Community or Its Member
     States In relation to third States , any offer may be rejected when
     more than half of the price offered represents the value of products
     manufactured or services performed outside the Community or a
     combination thereof .
2 . Subject to paragraph 3 , an offer which Is equivalent to one falling
     within the scope of paragraph 1 but which Itself falls outside the
     scope of that paragraph shall be preferred .    The price    of such offer
     shall be considered equivalent provided It does not exceed the price
     of the offer falling within the scope of paragraph 1 by more than 3
     per cent .
3 . However ,   an offer   shall  not  be preferred  to another     pursuant  to
     paragraph 2 where Its acceptance would oblige the contracting entity
     to acquire material having different technical characteristics from
     existing material       which would result      In    Incompatibility or
     disproportionate technical difficulties in operation and maintenance .
4 . For the purposes of this Article :
     (a)   the value of products manufactured outside the Community shall
           Include   the value of   all  finished or   seml-f Inished   products
           Imported , directly or indirectly , from third countries ;
     (b)   the value of services performed outside the Community shall
           Include the value of all activities performed on the territory
           of   third countries that contribute to the rendering of          the
           services covered by the contract .
 ---pagebreak---                                    - 71
5 . This Article shall not apply to offers of third country origin to
    which the benefit of the provisions of this Directive has been
    extended by a decision of the Council , acting by qualified majority on
    a proposal from the Commission , pursuant to an agreement between the
    Community and a third country , within the GATT framework or otherwise .
 ---pagebreak---                                     - 72 -
                                   ARTICLE 25
1 . The  value   In  national  currencies  of the  thresholds  specified In
    Article 8 shall    In principle be revised every two years with effect
    from 1 January 1990 .   The calculation of such value shall be based on
    the average dally values of these currencies In terms of the ECU over
    the 24 months terminating on the last day of October Immediately
    preceding the 1 January revision . The values shall be published In
    the Official Journal of the European Communities at the beginning of
    November .
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 .
 ---pagebreak---                                            ARTICLE 26
 1 . Annexes I to IX may be amended by the Commission
      (a)   to delete entitles to which the Annexes refer because they no
            longer   fulfil       the   criteria   for  their  inclusion    set   out   In
            Article 2 ( 1 );
      (b)   to Include entities which meet those criteria ;
     (c)    to take account of amendments to the legal            Instruments to which
            the Annexes refer which do not          Involve the deletion or     Inclusion
           of entitles In accordance with ( a ) and ( b ).
2 . Amendments    shall     be    made    by  the  Commission   after   consulting    the
     Advisory     Committee           for     Public    Contracts ,     set      up    by
     Decision 71 / 306 / EEC .
     The  chairman   of    the     Committee    shall  submit  to   the  Committee    any
     necessary draft revisions .          The Committee shall deliver Its opinion on
     the draft , If necessary by taking a vote , within a time limit to be
     laid down by the chairman .
     The opinion shall         be   recorded    in  the minutes .   In addition ,    each
     Member State shall have the right to ask to have Its position recorded
     In the minutes .
3 . Amended versions of the annexes shall be published for information in
     the Official Journal of the European Communities .
 ---pagebreak---                                      - 74 -
                                    ARTICLE 27
 1 . Contracting entitles shall     keep    Internal  records on each contract
      award procedure which are sufficient to permit the contracting entity
     at a later date to give :
      (a)   the reasons underlying the use of standards other than European
            standards ,    common   technical     specifications    or European
            technical approvals , pursuant to Article 9 ( 2 ), or the reasons
            for not applying performance standards and specifications
            pursuant to Article 10 ( 2 );
     (b)     Information on decisions     concerning   the  qualification , non¬
            qualification or termination of a qualification of undertakings ,
            pursuant   to Article 20 .   These records shall    be sufficiently
            detailed to permit an evaluation to be made of the criteria used
            and the manner of their application ;
     (c)    the   Information on contracts awarded provided       to  Interested
            companies or withheld , pursuant to Article 15 ( 2 );
     (d)    Information on cases of reliance on restricted or negotiated
            procedures . These records shall Include at least the subject of
            the contract ; where applicable , the suppliers which have
            requested to participate ; the candidates invited to present an
           offer ; and , should the occasion arise , the candidates rejected
           and the reasons for their rejection ;
     (e)   the criteria used and the manner of their application with
           regard to the selection of candidates pursuant to Article 19 and
           Art icle 21 ;
     (f)   the criteria used and the manner of their application with
           regard to the award of the contract pursuant to Article 22 .
2 . These records or the Information contained therein shall be made
    available to the Commission on demand .
 ---pagebreak---                                      - 75
                                      ARTICLE 28
Member   States   shall   communicate    to    the Commission ,   each year      at  the
latest on 31     October    for  the preceding calendar        year ,   a statistical
report Including at least :
(a)    for  each    of  Annexes    I  to  IX ,   the  number   and    total   value   of
       contracts    above   and   below   the    thresholds   establ Ished     by   this
       Direct Ive ;
(b)   for each of the Annexes , by number and total value of contracts ,
    -  the breakdown between supply contracts and works contracts ,
    -  the breakdown between the means of call            for competition provided
       for In Art Icle 13 ,
    -  the breakdown between contracts awarded to suppliers                 Inside and
       outside the Community and from each of the Member States ,
    -  the  proportion     of   contracts    awarded    by   negotiated     procedures
       without prior call for competition .
 ---pagebreak---                                         - 76 -
                                        ARTICLE 29
 1 . Article 2 ( 2 )    of  Directive     77/62/ EEC   Is hereby  replaced by   the
      fol lowlng :
      " 2 . This Directive shall not apply to :
      (a)     the award of public supply contracts by contracting authorities
               In   the   field    covered    by     the  provisions   of  Council
              Directive .../.. ./ EEC (*) ;
     (b)      supplies which are declared secret or when their delivery must
              be accompanied by special security measures In accordance with
              the laws , regulations or administrative provisions In force In
              the Member State concerned or when the protection of the basic
               Interests of that State 's security so require .
           (•) OJ N° L . /../.., P. ..."
2 . The text of article 3(4 ) and ( 5 ) of Directive 71 / 305/ EEC , as amended
     by Directive .../.../ EEC1 , Is hereby replaced by the following :
     " This Directive shall not apply to the award of public works contracts
     by contracting authorities In the field covered by the provisions of
     Council Directive .../.. ./ EECC *)."
     (*) OJ N° L . /../.., p. ..."
1 Proposal         for  a Council     Directive amending Directive 71 / 305/EEC
concerning the coordination of procedures for the award of public
works contracts , C0M(88 ) 354 final of 20 June 1988 .
 ---pagebreak---                                       - 77 -
                                     ARTICLE 30
 Not later than four years after the coming Into force of this Directive ,
 the Commission , acting In close co-operation with the Advisory Committee
 for Public Contracts , shall review the manner In which this Directive has
 operated and    its field of application and ,     If necessary , make further
 proposals to adapt It , In the light of developments concerning In
 particular progress In market opening and the level of competition within
 and between the sectors concerned .
                                    ARTICLE 31
Member States shall     adopt    the measures necessary to comply with this
Directive by 1 March 1990 . They shall Inform the Commission thereof .
                                    ARTICLE 32
Member States shall     ensure that     the texts of   the basic provisions of
domestic   law , whether   laws ,  regulations or administrative provisions ,
which they adopt In the field covered by this Directive , are communicated
to the Commission .
                                    ARTICLE 33
This Directive Is addressed to the Member States .
       Done at                                            For the Counc I I
                                                 The President
 ---pagebreak---                                        78 -
                                      ANNEXES
 Annexe 1 :     Contracting entities In the field of the            production ,
                transport or distribution of drinking water
 Annexe II :    Contracting entitles In the field of          the   production ,
                transport or distribution of electricity
 Annexe III :   Contracting entitles In the       field of  the   transport   or
                distribution of gas or heat
 Annexe IV :    Contracting entitles In the field of exploration for and
               extraction of oil or gas
 Annexe V :    Contracting entitles      In the field of exploration for and
               extraction of coal or other solid fuels
 Annexe VI :   Contracting entitles In the field of railway services
Annexe VII :   Contracting entitles In the field of urban railway , tramway ,
                trolley , bus or bus services
Annexe VIII : Contracting entitles In the field of airport facilities
Annexe IX :    Contracting entities In the field of maritime or Inland port
               or other terminal facilities
Annexe X :     Professional      activities   In   the  building    and   civil
               engineering sector
Annexe XII :   Model notices concerning water concession contracts
Annexe XII A Tender notice related to open procedures
             B Notice related restricted procedures
             C Notice related to negotiated procedures
Annexe XIII    Notice on the existence of a qualification system
Annexe XIV     Per Iodic not Ice
                   A  Concerning supply contracts
                   B  Concerning works contracts
Annexe XV      Notice on contracts awarded
 ---pagebreak---                                       - 79
                                    ANNEX I
         Production . transport or distribution of drinking water
Belglum
Entlty set up pursuant to the Décret du 2 Juillet 1987 de la Région
Wallonne érigeant en entreprise régionale de production et d' aductlon
d' eau le service du ministère de la région chargé de la production et
du grand transport d' eau .
Entlty set     up pursuant     to  the   Arrêté du   23  avril  1986  portant
Const Istut Ion d' une société wallone de distribution d' eau .
Entlty set up pursuant to the Arrêté du 17 Juillet 1985 de l' Exécutif
flamand   portant     fixation   des   status  de  la   société  flamande  de
distribution d' eau .
Entltles produc Ing or dlstrlbutlng water and set up pursuant to the Loi
relative aux Intercommunales du 22 décembre 1986 .
Entltles produdng or dlstrlbutlng water set up pursuant to the Code
Communal , art . 147 bis . ter et ouater sur les régies communales .
Denmark
Entitles producing or distributing water referred to In Article 3 ,
paragraph 3 of Lov om vandforsynlng m.v . of 4 . Jul I 1985 .
Germany
Entltles     produc Ing    or    dlstrlbutlng    water   pursuant    to   the
Eigenbetriebsverordnungen or Elgenbetrlebsgesetze of the Länder .
 ---pagebreak---                                       80 -
 Entltles produclng or dlstrlbut Ing water pursuant to the Gesetze über
 die Kommunale Gemeinschaftsarbeit oder Zusammenarbeit of the Länder .
 Entitles   producing  water  pursuant   to   the  Gesetz   liber  Wasser-   und
 Bodenverbände   vom  10 . Februar 1937   and   the  erste     Verordnung   über
Wasser- und Bodenverbände vom 3 . September 1937 .
 (Regiebetriebe ) producing or      distributing    water   pursuant    to   the
Gemeindeordnungen der Ländert
Entitles set up pursuant to the Aktiengesetz vom 6 . September 1965
geändert 19 . Dezember 1985 or GmbH-Gesetz vom 20 . Mal 1898 geändert
 15 . Ma ! 1986 or having the legal status of a Kommandl tgesel 1 schaft .
producing or distributing water on the basis of a Konzess I onsver t rag
granted by regional or local author 1 1 les .
Greece
ΤΛβ ΛΤβίβΓ Οοαραηγ οί Αίήεηε /    Εταιρία Υδρεύοεως - Αττοχετεύσεως Πρωτευουσης
ββί υρ ρυΓ$υαηί ίο ί/)β Ια* 1068/80 οί 23 Αυ§τκδί 1980 .
The Wafer Company of Salonlc / Opyaviopoc Yfipeuoem; 8eooa\ov IKHC
operating pursuant to the presidential decree 61 / 1988 .
The Water Company of Volos / ETaipia Y6peuoeu (; BoXou
operating pursuant to the law 890/ 1979 .
Municipal Companies / flnMQTiKfeg Enixeipnoeic 66pEuon<;~g^ox ^ T gugO^
producing or distributing water and set up pursuant to the law 1069/80
of 23 August 1980 .
Associations of local authorities ( luvCeopoi * Y6peuoi-n;.) operating
pursuant to the Code of local authorities ( K(i)6iKa <; Aripaiv KQI KOI VOTHTUV )
Imlemented by Presidential Decree 76/ 1985 .
 ---pagebreak---                                         81 -
 Spaln
 Entltles produclng or dlstrlbutlng water pursuant t o the Ley N' 7/ 1985
 de 2 Abril de 1985 Reguladora de las Bases del Régimen local and to the
 Decreto Real N’ 781 / 1986 Texto Refundido Régimen local .
France
Entitles producing or distributing water pursuant to the :
Dispositions    Générales  sur   les  règles   Code des    Communes    L  323-1   à
L 328-8 . R 323-1 A R 323-6 (Dispositions générales sur les régies).
Code des Communes L 323-8 R 323-4 (Régies directes (ou de fait ): or
Décret-lol du 28 décembre 1926 , Réglement d' Administration publique du
17 février 1930 . Code des Communes L 323-10 A L 323-13 R 323-75 à 323-
132 (Régies A simple autonomie financière); or
Code des Communes L 323-9 . R 323-7 A R 323-74 . Décret du 19 octobre
1959
(Régies A personnalité morale et A autonomie financière); or
Code   des  Communes L   324-1   A L  324-6 ,  R  324-1  A   R  324-13   (Gest I on
déléguée , concession et affermage); or
Jurisprudence administrative , circulaire Intérieur du 13 décembre 1975
(gérance); or
Code des Communes R 324-6 .      Circulaire   Intérieur du     13 décembre 1975
(Régie Intéressée): or
Circulaire Intérieur du 13 décembre 1975 (Exploitation aux risques et
périls ); or
Décret   du  20  mal  1955 .   loi  du  7   Juillet   1983   sur   les   sociétés
d' économie mixte (participation A une société d' économie mixte); or
 ---pagebreak---                                      “ 82
 Code des Communes L 322-1     è L 322-6 . R 322-1   A R 322-4 (dispos I t Ions
 communes , aux régies , concessions et affermages ) .
 Ireland
 The Dublin Corporat Ion
Entitles producing or distributing water pursuant to The Public Health
 ( Ireland) Act 1878 . the Water Supplies Act 1942 . the Sanitary Services
Act    1964 .
 Italy
Entltles produci ng or dlstrlbut Ing water pursuant to thè Testo Unico
delle leggi sull' assunzione diretta de ! pubblici servizi da parte de !
comuni e delle province approvato con Regio Decreto 15 ottobre 1925 . n .
2578 and to thè Decreto de ! P.R. n' 902 de ! 4 ottobre 1986 .
                                        set up pursuant   to DDL  19 ottobre
1919 . n * 2060 .
Ente     Acauedottl  Siciliani   set    up  pursuant   to   leggi  regional 1
4 settembre 1979 . n * 2/2e 9 agosto 1980 . n * 81 .
Ente Sardo Acauedottl e Fognature set up pursuant to legge 5 luglio
1963 n * 9 .
Luxembourg
Local authorltles dlstrlbutlng water .
Associations of local authorltles produclng or dlstrlbutlng water set
up pursuant to the Loi du 14 février 1900 concernant la création des
syndicats de communes telle qu' elle a été modifiée et complétée par la
Loi du 23 décembre 1958 et par la Loi du 29 Juillet 1981 and pursuant
 ---pagebreak---                                       83
 to the Loi du 31 Juillet 1962 ayant pour objet le renforcement de
 l‘ al Imentat Ion en eau potable du GRAND DUCHE DU LUXEMBOURG é partir du
 réservoir d'ESCH-SUR-SURE.
 Netherlands
Entitles      producing    or   distributing     water  pursuant     to   the
Water leldlngwet    van 6 aprll   1957 amended by the Wetten van 30 Junl
 7967 . 10 September 1975 .   23 Junl  1976 . 30 September  1981 . 25 Januarl
 1984 . 29 Januarl 1986 .
Portugal
Empresa Publics das Aquas Llvres producing or            distributing   water
pursuant to the Decreto Lei 190/ 81 . 04.07 . 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
 ---pagebreak---                                       - 84 -
                                                    ANNEX II
             Production , transport or distribution of electricity
Belglum
Entltles produc Ing , transport Ing or dlstrlbutlng electrlclty pursuant
 to Article S : Des riales communales et Intercommunales o f the Loi du
 10 mars 1925 sur les Distributions d' Enerole Electrique .
Entltles transport Ing or dlstrlbutlng electrlclty pursuant to the loi
relative aux Intercommunales du 22 décembre 1986 .
EBES , INTERCOM . UNERG and other entltles produdng , transport Ing or
dlstrlbutlng electrlclty 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' Enerole Electrique .
The Société Publique de production d' Electrldté (SPE ").
Denmark
Entltles     produclng or     transporting electrlclty on      the basis of a
I Icence pursuant to S S. Stk 1 of the Lov nr . 54 af 25 . februar 1976 om
elforsyning .      Jf .  Bekendtgørelse    nr . 607 af  17 . december 1976 om
el forsyn I nas I ovens anvende I sesområde .
Entitles distributing electricity as defined In § 3 . stk 2 of the Lov
nr . 54 af 25 . februar 1976 om elforsvnlng . If . Bekendtoerelse nr 607 af
U.december 1976 om elforsvnlngslovens anvendelsesomride and on the
basis of authorisations for expropriation pursuant to articles 10 to IS
of the Lov am electrlske star kstremsan leas . Jf Lovbekendtaerel se nr . 669
af 28 . december 1977 .
 ---pagebreak---                                            - 85
  Germany
 Entltles produc / ng , transportlng or dlstrlbutlng electrlclty as deftned
  In   § 211     of     the    Gesetz  zur    Förderung  der   Energiewirtschaft
  ( Energiewirtschaftsgesetz) vom 13.12.1935 .
 Greece
 Τίτο Δημόσια Επινε ίοηοη Ηλεκτρισμού (Ρυ&ΙΙΰ    ΡΟ*ΟΓ  ΟΟΓΡΟΓαΐ ! οη~)    5βί     αρ
 ρυτ3ΐιαηί (ο ί/»β Ια* 1468 οι 2 Αιις/ιΐ3ΐ 1950 Περί ιόρύοεως Δημοοίας Επιχει ρήσεως
 Ηλεκτρι σμού          αηό οροΓαίΙης ρυΓΣυαηΐ ίο Ιήο Ια* 57/85       Δομή , ρόλος και
τρόπος διοίκησης και λειτουργίας της κοινωνικοποιημένης Δημ~οσιας Επιχείρησης
Ηλεκτρισμού .
 Spaln
 Entltles produclng , transport Ing or dlstrlbutlng electrlclty pursuant
 to artlcle 1 o f the Decreto Ley de 12 marzo 1954 approvlng the
 Reglamento de Verificaciones eléctricas y regularidad en el su lllnlstro
 de Energía .
 Red Eléctrica España (REPESA ) set up pursuant to Decreto Real n . 91 de
 23 enero 1985 .
 France
 Electricité de France , set up and opérât Ing pursuant to the loi 46/6288
 du 8 avril   1946 sur la nat lonal Isat Ion de l' Electricité et du Gaz .
 Entltles (sociétés d' économie mixte or régies ) distribut Ing electrlclty
 and referred to In article 23 of the loi 48/ 1260 du 12 août                    1948
 portant modification des lois n‘ 46/ 6288 du 8 avril 1946 et N‘ 46/2298
 du 21 octobre 1946 sur la Nat lonal Isat Ion de l' Electricité et du gaz .
 ---pagebreak---                                 - 86 -
 Compagnie Nationale du Rhône
 Ireland
The Electricity Supply Board (ESB ) set up and operating pursuant to the
Electricity Supply Act 1927 .
 Italy
Ente Nazionale per l' Energia elettrica set up pursuant to legge
n * 1643 . 6 dicembre 1962 approvato con Decreto n’ 1720 . 21 dicembre
1965
Entltles operating on thè basls of a concession pursuant to artici e 4 ,
n . 5 or 8 of Legge 6 dicembre 1962 .      n . 1643 - Istituzione dell' Ente
nazionale per la energia elettrica         e trasferimento ad esso delle
Imprese esercenti le Industrie elettriche .
Entltles operatlng on thè basls of concesslon pursuant to artlcle 20 of
Decreto del Presidente della Repubblica 18 marzo 1965 . n . 342 norme
Integrative della legge 6 dici ambre 1962 . n . 1643 e norme relative al
coordinamento e all ‘esercizio delle attiviti elettriche esercitate da
enti ed Imprese diverse dell' Ente Nazionale per l' Energia Elettrica .
Luxembourg
Compagnie grande-ducale d' électricité de Luxembourg produclng or
dlstrlbutlng electrlclty pursuant to the Convention du 11 novembre 1927
concernant     l' établissement   et   l 'exploitât Ion   des   réseaux   de
distribution d' énergie èlectrloue dans       le Grand-Duché du Luxembourg
approuvée par la loi du 4 lanvler 1928 .
 ---pagebreak---                                    87
 Société électrique de l‘Our (SEO)
Syndicat de Communes SIDOR
Entlt / es produc Ing électrlclty pursuant to the Accord du 1er Janvier
 1960 entre le Gouvernement et     les petites centrales hydro-électriques
privées concernant la fourniture d' énergie électrique au réseau public .
Entltles    distribut Ing   electriclty   pursuant    to  article    5 of    the
Convention      due  11   novembre   1927   concernant    l' établissement    et
 l ‘exploitât Ion des réseaux de distribution d' énergie électrique dans le
Grand-Duché du Luxembourg , approuvés par la loi du 4 Janvier 1928 .
Netherlands
Electrlcltelts produktle maatschappij Oost -Neder I and (E .P . O.N .)
Electrlclteltsbedrl Jf Ut recht -Noor d-Hol I and-Amsterdam (U.N.A. )
Electrlclteltsbedrl jf Zuld-Hol land (E.Z.H. )
Elektrlclteltsproduktlemaatschappl J Zuld-Nederland (E.P.Z. )
Provinciale Zeeurtwse Energie Naatschappl J (P.Z.E . N. )
Samenwerkende Elektrlclteltsproduktlebedrljven (S.E.P. ).
Entitles     distributing    electricity on      the basis     of    a  licence
(Vergunning) granted by the provincial authorities pursuant              to the
Provlncfewett van 25 January 1962 .
Portugal
Electrlcldade de Portugal (EDP ) set up pursuant to the Decreto Lei n .
502/ 76 do 30 Junho   1976
Entltles dlstrlbutlng electrlclty pursuant         to Artigo 1‘ Decreto Leí
n‘ 344-B / 82 de 1 de Setembro 1982 amended by Decreto Leí n‘ 297 / 86 de
19 de Setembro 1986 .
 ---pagebreak---                                 - 88 -
United Kingdom
Central Electricity Generating Board (CEGB ). end 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 CSSEB') set up pursuant to the
South of Scotland Electricity Order Confirmation Act 1956
the Northern Ireland Electricity Service (NIES ) set up pursuant to the
Electricity Supply (Northern Ireland ) Order 1972
 ---pagebreak---                                    - 89 -
                                    ANNEX   II1
                      Transport or distribution of gas or heat
 Belglum
 Dlstrlgaz S.A. operating pursuant to the Lot du 29 Julllet 1983 .
Entitles transporting gas on the basis of an authorisation or
concession pursuant to the Lol du 12 avrll 1965 as amended by the Lot
du 28 Julllet      1987 .
Entltles dlstrlbutlng gas and opérât Ing pursuant to the loi relative
aux Intercommunales du 22 décembre 1986 .
Local authorities . or assoclat Ions of .       supplying heat to the public .
Denmark
Dansk Olle og Naturgas A/S operating on the basis of an excluslve right
granted pursuant to Bekendtagørelse nr 869 af 18 . Juni 1979 om
eneretsbevl 1 1 tng til    Indførsel . forhandling , transport og oplagring af
naturgas .
Entitles operating pursuant to lov nr 294 af 7 . Junl , 1972 om naturgas-
forsynlng
Entltles dlstrlbutlng gas or heat on the basis of an approval pursuant
to chapter IV of lov om varmeforsyning Jf . lovbekendtgørelse nr 542 af
6 . oktober    1982 .
Entltles transporting gas on the basis of an author Isation pursuant to
Bekendtgørelse nr . 141 af 13 . marts 1974 om roer ledningsanlæg pi dansk
kont I nent al sokkel område til transport af kulbrinter (I nstal I at I on of
pipelines on Continental platform for the transport of hydrocarbons )
 ---pagebreak---                                      - 90 -
 Germany
 Entltles transport Ing or dlstrlbut Ing gas as deflned ln S 2 11 / 1 of the
 Gesetz zur Förderung der         Energiewirtschaft   vom   19 .   Dezember     1935
 (Energiewirtschaftsgesetz).
 Local authorities ,     or associations of , supplying heat to the public .
Greece
ΡΕΡ     ΐΓαη§ροΓ ΐΙη9  οΓ   άΙςίτΙύαΙΙης  305  ραΓευαηί    ίο    ίΛβ Ιί/ η /5ίβΓ / β /
άβοΐδίοη 2583/ 1987      Ανάθεση στη Δημόσια Επιχείρηση Πετρελαίου αρμοδιοτήτων
 σχετικών με το φυσικό αέριο .
Athens Municipal Gasworks S.A. DEFA transporting or distributing gas
Spaln
Entitles operating pursuant to Law n . 10 of 15 June 1987 .
France
Société nationale des gaz du Sud ouest transport Ing gas .
Gaz de France , set up and opérât Ing pursuant to the loi 46/6288 du 8
avril 1946 sur la national Isat Ion de l' Electricité et du Gaz .
Ent / tles (sociétés d' économie mixte or régies ) dlstrlbutlng electrlclty
and referred to       In article 23 of the    loi   48/ 1260 du     12 août    1948
portant modification des lois n . 46/6288 du 8 avril 1946 et n . 46/2298
du 21 octobre 1946 sur la National Isat Ion de I 'Electricité et du gaz .
 ---pagebreak---                                - 91
Compagnie Française du Méthane transport Ing gas .
Local authorities ,   or assoclat Ions of . supplying heat to the public .
 Ireland
 Irish Gas Board and other entitles operating pursuant to the Gas Act
 1976 .
Dublin Corporation supplying heat to the public .
 Italy
SHAM and SGUe Montedison transporting gas .
Entltles   dlstrlbutlng gas   pursuant  to   thè Testo Unico delle     leggi
sull 'assunzione diretta del pubblici servizi da parte del tx>munl e
delle province approvato con Regio Decreto 15 ottobre 7925 . n . 2578 and
to thè Decreto del P.R. n . 902 del 4 ottobre 1986 .
Entltles dlstrlbutlng heat to thè pubi Ic referred to In artlcle 10 of
thè legge 29 maggio 1982 . n.308 norme sul contenimento del consumi
energetici .   lo sviluppo delle fonti       rinnovabili  di  energia .   Il
l' esercizio di centrali elettriche al I meniate con combustibili diversi
dagli Idrocarburi
Local authorities ,   or associations of .  supplying heat to the public .
Luxembourg
Société de Transport de Gaz SOTEG S. A.
 ---pagebreak---                                    - 92 -
Gaswlerk Esch-Uelzecht S. A.
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
Gasunle
Entitles transporting or distributing gas on the basis of a concessl on
(concesste) granted by the          local   authorities pursuant    to t he
Gemeentewet van 29 Junl 1851 .
Local or provincial authorities transporting or distributing gas to t he
public pursuant     t o the Gemeentewet      van  29   Juni  1S51  and  t he
Provinciewet van 25 Januari 1962 .
Local authorities ,    or associations of ,  supplying heat to the public .
Portugal
Electrldade de Portugal (EDPJ .
United Kingdom
British Gas PLC and other entitles operating pursuant to the Gas Act
1986 .
Local authorities ,   or associations of .   supplying heat to the public .
 ---pagebreak---                                        93 -
                                      ANNEX IV
                Explorat Ion for and extraction of oil or gas
The entitles granted an authorisation , permit , licence or concession to
explore for or extract oil and gas pursuant           to the following    legal
provisions :
Belglum
Loi du 1 mal     1939 complétée par l' Arrêté royal n * 83 du 28 novembre
1939 sur rexplorat Ion et l' exploitation du pétrole et du gaz
Arrêté royal du 15 novembre 1919
Arrêté royal du 7 avril 1953
Arrêté royal du 15 mars 1960 Loi au sujet de la plateforme cont Inentale
du 15 Juin 1969
Arrêté de l‘ Exécutif régional wallon du 29 septembre 1982 .
Arrêté de l' Exécutif flamand du 30 ma ! 1984 .
Denmark
lov nr . 293 af 10 . Juni 1981 om anvendelse af Danmarks undergrund
lov om kont I ntal sok I en , Jf . lovbekendtgørelse nr . 182 af 1 . maj 1979 .
Germany
Bundesbergesetz vom 13 . August 1980 amended on 29 November 1986
 ---pagebreak---                                      94
Greece
Ιβ* 87/ 1975 δαϋίηςί αρ ΡΕΡ-ΕΚΥ   Περί ιΰρύσεως Αημοαίαε Επ ι χε ι ρήσεωε
   Πετρελαίου .
Spaln
Ley sobre Investigación y Explotación de Hidrocarburo de 27 Junio 1974
and its Implementlng decrees . _
France
Code minier (dècrèt n' 56.838 du 16 août 1956) amended by the Loi 56-
1327 du 29 décembre 7956 . Ordonnance 58-1186 du 10 décembre 1958 .
Décret 60-800 du 2 août I960 . Décret 616359 du 7 avril 1961 . Loi 70-1
du 2 Janvier 1970 . Loi 77-620 du 16 Juin 1977 . Décret 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
 ---pagebreak---                                        95
Netherlands
Ml Jnwet No . 285 van 21 april 1810
Net Opsporing del fstof fen n . 258 van 3 mel 1967
Nllnwet continentaal plat 1965 . n . 428 van 23 septembre 1965 .
Portugal
Decreto Lei No . 543/74 of 16 Outobro 1974 on as amended by Decrees and
communications Nos .   168/77 . 22/ 79 . 266/ 80 . 234/64 and 174/ 85 .
Decreto 47.973 of 30 Septembro       1967 and 493/69 of 11 Novembro 1969 as
amended by Decrees 97/ 71 . 98 / 71 . 96/74 . 424-C / 76 . 315/ 78 . 266/ 80 . 2 / 81 .
245/82 .
United Kingdom
Petroleum Product Ion Act 1934 .
Continental Shelf Act    1964 .
Pipeline Act 1962 .
Petroleum and Submarine PI pel Ine Act 1975 .
011  and Gas Act  1982 .
Petroleum Act   1987 .
Petroleum (Product / on ) régulation 1982 . 1984 .    1986 .
Oll and Pipeline Act 1985 .
 ---pagebreak---                                    - 96 -
                                  ANNEX   V
        Exploration for and extraction of coal or other solid fuels
 Belglum
 Entltles explorlng or extract Ing coal or other sol Id fuels pursuant to
 the Arrêté du Régent du 22 août 1948 and the Loi du 22 avril 1980 .
 Denmark
Entitles exploring or extracting coal or other solid fuels pursuant to
 the lov nr 223 af 8 . lunl 1977 om ristoffer .
Germany
Entitles exploring or extracting coal or other solid fuels pursuant to
the Bundesberggesetz vom 13 August 1980 . BGBI 1980 .
Greece
Public Power Corporation Arp5oia Eniyeipnon HXexTpicycu exploring or extracting
coal   or other  solid fuels pursuant    to the Mining code of     1973 as
amended by the law of 27 April 1976 .
Spaln
Entitles exploring or extracting coal or other solid fuels pursuant to
the Blnlng Code of 21 July 1973 .
 ---pagebreak---                                    97
 France
 Entltles explorlng extract Ing co al or other solld fuels pursuant      to
 Code Minier . (Décret No . 56863 du 16 août 1956 ) as amended by the Loi
 No . 77-620 du 16 Juin 1977 . Décret No . 60204 et Arrêté du 11 mars 1980 .
 Ireland
Bord na Uona
 Italv
Carbo Sutcfs SpA .
Luxembourg
Netherlands
Portugal
Empresa Carbonífera do Dalro .
United Kingdom
British Coal Board set up pursuant to Coal Industry Nationalisation Act
1946 .
Entitles exploring or extracting solid fuels pursuant       to the Mineral
Development Act ( Northern Ireland) 1969 .
 ---pagebreak---                                     98
                                  ANNEX VI
 Contracting entitles In the field of railway services
 Belgium
 Soclétè nationale des Chemfns de fer beiges
Nationale Maatschappij der Belgische Spoorwegen
Denmark
Danske Statsbaner (DSB)
Entitles operating set up pursuant to Lov nr . 295 of 6 . I uni 1984 om
prlvatbanerne .
Germany
Deutsche Bundesbahn
Other entitles providing railway services to the public as defined In
paragraph 2 of Al Igemelnes Elsenbahngesetz 1951 .
Greece
 Οργανισμός Σ ιδηροόρόμων Ελλάδος .
 ---pagebreak---                                      99 -
 Spain
 Red Nacional de Los Ferrocarriles Españoles
 Ferrocarriles de Via Estrecha (FEVE )
 Ferrocarriles de la General Itat de Catalunya (FGO
 Eusko Trenbldeak ( Bilbao')
 Ferrocarriles de la General Itat Valenciana (FGV)
 France .
 Société  nationale   des   Chemins de   fer  français  and  other   réseaux
 ferroviaires ouverts au public referred to In the Loi d' Or tentât Ion des
 Transports  Intérieurs du 30 décembre 1982 . Titre II , Chapitre 1er du
 Transport ferroviaire .
 Ireland
 larnrod Elreann ( Irlsh Ral IJ
 Italy
Ferrovie dello Stato
Entltles   provldlng   ral Iway Services   on  thè basls  of  a concesslon
pursuant to art Iole 10 of Regio Decreto 9 maggio 1912 . n .      1447 . che
approva II testo unico delle disposizioni d ! legge per te ferrovie
concesse all' Industria privata , le tranvie a trazione meccanica e gli
automobili
Entltles operati ng on    thè basls of a concesslon granted , pursuant to
special lans , as referred to In Titolo XI . Capo II . Sezione la of Regio
Decreto 9 maggio 1912 . n . 1447 . che approva II testo unico delle
disposizioni di legge per le ferrovie concesse all’Industria privata .
le tranvie a trazione meccanica e gl ! automobili .
 ---pagebreak---                                  - 100 -
Entltles    provldlng   rat Iway Services on thè   basls of  a  concessi on
pursuant to art lei e 4 of Legge 14 oulgno 1949 . n . 410 . concorso dello
Stato per la reattlvazlone del pubblici servizi di trasporto In
concessione
Entitles or local authorities providing railway services on the basis
of a concession pursuant to article 14 of Legge 2 aoosto 1952 . n . 1221
- Prowedlmentl per I ‘eserclzlo ed II ootenzlamento dl ferrovle e dl
altre 1 1 nee dl trasporto In regime dl concess lone .
Luxembourg
Chemins de fer luxembourgeois (CFL )
Netherlands
Nederlandse Spoorwegen N.V.
Streekvervoerbedr I If Central Nederland
Portugal
Caminhos de Ferro Portugueses
United Klngdom
Brltlsh Rail
Northern ! rel and Ral Iways
 ---pagebreak---                                      101
                                              ANNEX   VI I
                 Contracting entitles In the field of urban
               railway , tramway , trolley bus or bus services
Belglum
Soclété nationale des Chemlns de Fer             vlclnaux   (SNCV) /Nat lonale
Maatschappij van Buurtspoorwegen (NMB )
Entltles provldlng transport services to the public on the basls of a
contract granted by SNCV pursuant to articles 16 and 21 of the Arrêté
du 30 décembre 1946 relatif aux transports rémunérés de voyageurs par
route effectués par autobus et par autocars
Société des Transports Intercommunaux de Bruxelles (ST IB).
Maatschappij van het Intercommunaal Vervoer te Antwerpen (MIVA ),
Maatschappij van het Intercommunaal Vervoer te Gent ( MIVG ).
Société des Transports Intercommunaux de Charlerol (STIC)
Société des Transports Intercommunaux de la région llégolse (ST IL )
Société des Transports Intercommunaux de I ' agglomérat Ion vervlètolse
(STI AV), and other entltles set up pursuant to the loi relative à la
création de sociétés de transports en commun urbains Wet betref fende
de oprlchtlng van maatschappl Jen voor stedelljk gemeenschaooe 1 1 J k
vervoer of 22 February 1962 .
Entltles provldlng transport services to the public on the basls of a
contract  wlth ST IB pursuant     to article   10 or   wlth other   transport
entltles pursuant to article 11 of the Arrêté Royal 140 du 30 décembre
1982   relatif   aux  mesures   d' assainissement   applicables  è   certains
organismes d‘ Intérêt public dépendant du Ministère des Commun I cat I ons .
 ---pagebreak---                                          102
 Denmark
 Danske Statsbaner (DSB)
 Entitles providing bus services to the public (almlndel IQ rutekorsel )
 on the basis of an author Isat Ion pursuant to Lov nr .  115 af 29 . marts
 1978 om buskorsel .
 Germany
 Entitles providing transport services to the public as defined In § 12
 II und 1 1 of the Personenbefbrderungsgesetz vom 21 M&rz 1961 .
Greece
 Ηλεκτροκίνητα Λεωφορεία Περιοχής Αθηνών-Πε ι ρα ιώς .
(Electric Buses of the Athens - Piraeus Area) operating pursuant to
decree 768/ 1970 and lam 588 / 1977 .
 Ηλεκτρικοί Σιδηρόδρομοι Αθηνών-Πε ι ραι ώς .
(Athens    -  Piraeus  Electric   Railways)   operating pursuant  to   laws
352/ 1976 and 588/ 1977 .
 Επιχείρηση Αστικών Συγκοινωνιών .
(ΕηΐοΓρΓίίο οΨ υτΡαη ΤταηεροΓΐ ) οροΓ&ΐίης ροΓβυαηΐ ΐο ΙαΨ 588/ 1977 ,
 Κοινό Ταμείο Εισπράζεως Λεωφορείων .
(Joint Receipts Fund of Buses) operating pursuant to decree 102/ 1973 .
 ΡΟΔΑ ( Δημοτική Επιχείρηση Λεωφορείων Ρόδου).
Roda Municipal bus enterprlse In Rhodes
Οργανισμός Αστικών Συγκοινωνιών Θεσσαλονίκης .
(Urban Transport Organlsat Ion of Thessaloniki ) operating pursuant      to
decree 3721 / 1957 and lam 716/ 1980 .
 ---pagebreak---                                         103
 Spaln
 Entities providing transport services to the public pursuant to the Lev
 de R6glmen Local
 Corporación metropolitana de Madrid
 Corporación metropolitana de Barcelona
 Entitles providing urban or Inter-urban bus services to the public
 pursuant to Articles 113 to 118 of the Ley de ordenac!6n de Transportes
 Ter rest res , 31 Julio de 1987 .
Entitles providing bus services to the public , pursuant to article 71
ot the     Ley de Ordenactbn de Transportes Ter rest res . 31 Julio de 1987 .
FEVE , RENFE (or Empresa Nacional de Transportes de Viajeros por
Carretera ) provldlng bus Services to the publlc pursuant to the
Disposiciones       adicionales .   Primera de    la   Lev de Ordenación de
Transportes Terrestres . 31 Julio de 1957 .
Entltles provldlng bus Services to the publlc pursuant to Disposiciones
Transitorias ,      Tercera   de   la   Lev   de  Ordenación   de  Transportes
Terrestres , 31 Julio de 1957 .
France
Entltles provldlng transport services to the public pursuant to Article
7 II o f the Loi n' 82-1153 du 30 décembre 1982 . Transports Intérieurs       .
Orientation ,
Rigle Autonome des Transports Parlslens ■ Socliti Rationale des Chemlns
de Fer Francals . APTR and other entitles providing transport services
to the public on the basis of an authorisation granted by the Svndlcat
des Transports Parlslens pursuant to the Ordonnance de 1959 et ses
dicrets     d’appl Icatlon  relatlfs    A   rorganlsat Ion des  transports  de
voyageurs dans la rSglon parlslenne
 ---pagebreak---                                          104 -
  ! retond
  tornrod C / reann ( Irlsh Ral I )
 Bus Elreann ( Irlsh Bus )
 Bus Atha Alath (Dublin Bus)
 Entitles providing transport services to the public on the basis of a
  licence granted pursuant to the Road Transport Act 1932
 Italy
 Entltles provldlng transport Services to thè pubi le on thè basls of a
 concesslon pursuant to Legge 28 settembre 1939 . n .           1822 - Disciplina
 degli autoservizi di linea (autolinee per viaggiatori . bagagli e pacchi
 agricoli In t regi me di concessione all' Industria privata ) - art tele 1
as modificò bv art Iole 45 of Decreto del Presidente della Repubblica 28
giugno 1955 , n . 771 .
Entltles provldlng transport Services to thè pubi le pursuant to art lei e
 1 , n . 4 or n . 15 of Regio Decreto 15 ottobre 1925 . n . 2578 - Approvazione
del testo unico della legge sul l' assunzione             diretta   del  pubblici
servizi da parte del comuni e delle province .
Entltles operatlng on thè basls of a concesslon pursuant to artlcle 242
or 256 of Regio Decreto 9 maggio 1912 . n . 1447 . che approva II testo
unico        delle   disposizioni   di    legge   per   le    ferrovie   concesse
all' Industria privata , le tranvie a trazione meccanica e gli automobili
Entltles or locai authorltles operatlng on thè basls of a concesslon
pursuant to artlcle 4 of Legge 14 giugno 1949 . n . 410 . concorso dello
Stato       per   la riattivazione  de !   pubblici   servizi   di  trasporto  In
concessione .
Entltles operatlng on thè basls of a concesslon pursuant to artlcle 14
of Legge 2 agosto 1952 . n . 1221 - Provvedimenti per l’esercizio ed 1 1
potenziamento di ferrovie e di altre linee di trasporto In regime di
concesslone .
 ---pagebreak---                                      105
 Luxembourg
 Chemins de fer du Luxembourg (CFL1
 Service communal des autobus municipaux de la ville de Luxembourg .
 Transports Intercommunaux du Canton d' Esch sur Alzette ( TICEl .
Fédération luxembourgeoise des entreprises d' autobus et d' autocars
operating pursuant to the Réglement Grand-Ducal du 3 février 1978
concernant   les conditions d' octroi des autor Isat Ions d' établ Issement et
d' exploltat Ion  des    services    de   transports routiers réguliers de
personnes rémunérées .
Netherlands
Ent lt les provldlng transport services to the public pursuant to
chapter II (openbaar vervoer ) of the Wet Personenvervoer van 12 maart
 1987 .
Portugal
Rodovlarla Naclonal E.P.
Servlço de Transportes Colect Ivos do Porto
Companhia Carris de Ferro de Lisboa
Companhla de Net ropo I I t ano de Llsboa
Entltles provldlng bus Services to the publlc pursuant to base 7 . Lei
2008 de 7.09.1945 Coordenação do Transportes Terrestres and artlcle 72
of   the Decreto Lei       37272 de 31.12.48 Regulamento do transportes
automovels .
 ---pagebreak---                               106 -
United Kingdom
Entitles providing bus services to the public pursuant to the London
Regional Transport Act 1984 .
Entitles providing bus services to the public pursuant to the Transport
Act  1985
Newcastle Rai Iwav
Glasgow Underground
Manchester Underground
Dockland Rai Iwav
London Underground
 ---pagebreak---                                       107 -
                                  ANNEX VIII
         Contracting entitles In the field of airport facilities
Belgium
Régie des Voles Aériennes set up pursuant         to the Arrêté-loi     du 20
novembre 1946 portant création de la Régie des Votes Aériennes amended
by Arrêté Royal du 5 octobre 1970 portant refonte du statut de la Régie
des Voles Aériennes .
Denmark
Airports operating on the basis of an authorlsat Ion pursuant to § 55 ,
stk . 1 I Lov om Luftfart . if . Lovbekendtgl relse nr 408 of 11 . September
 1985 .
Germany
Airports as defined In paragraphs 38 II Nr 1 and 49 II Nr 1 of the
Luftverkehrszu I assungsordnung vom 19 . Junl  1964 .
Greece
Airports   operating pursuant to lam 517/ 1931 setting up          the  civil
aviation service Yrmpeoia floXiTiKfa Aepoiropia<; ( YflA ).
International    alrports  opérât Ing   pursuant   to  president lal   decree
647/981
 ---pagebreak---                                   108 -
Spaln
Alrports managed by Aeropuertos Nacionales operatlng pursuant to the
Real Decreto 278/ 1982 de 15 octubre 1982 .
France
Aéroports de Paris opérât Ing pursuant to Titre V , Articles L 251-1 A
252-1 du Code de l' Aviation Civile .
Aéroport de Bile - Mulhouse set up pursuant to the Convention Franco-
Suisse du 4 Juillet 1949 .
Airports as deflned In Article L 270-1 , Code de l' Aviation Civile .
Airports opérât Ing pursuant to the Cahier         de  Charges  type  d‘une
concession d' aéroport , décret du 6 mal 1955 .
Airports operating on the basis of a Convent Ion d'exploltatlon pursuant
to Article L /221 , Code de I 'Aviation Civile .
Ireland
Airports  of   Dublin , Cork   and  Shannon  managed  by  Aer  Rlanta-lrlsh
Airports
Airports operating on     the basis of a public use       license granted ,
pursuant to the Air Navigation and Transport Act Nr . 23 1936 . the
Transport fuel and power ( transfer of depart amental Administration and
ministerial functions Order 1959 and the Air Navigation (aerodrom and
visual around aids ) Order 1970 .
 ---pagebreak---                                  109
 Italy
Clvll State alrports ( aerodromi civili Istituiti dallo Stato ) referred
to In art Iole 692 of thè Codice della navigazione , Regio Decreto 30
marzo 1942 , n . 327 .
Entitles operating airport facilities on the basis of a concession
granted pursuant to Article 694 of the Codice della navlgazlone . Reglo
Decreto 30 marzo 1942 , n . 327
Luxembourg
Aéroport de Flndel
Netherlands
Airports operating pursuant to Articles 18-30 of the Luchtvaartwet of
15 January 1958 , amended on 7 June 1978 .
Portugal
Alrports managed by Aeroportos e Navegaçao Aérea (ANA ) EP pursuant to
Decreto Lei 246/ 79 .
Aeroporto   de   Funchal  and   Aeroporto  de  Porto Santo   reglonal Ised
pursuant to thè 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
 ---pagebreak---                                      110 -
                                  AHHEX  IX
  Contracting entitles In the field of maritime or Inland port or other
                              terminal facl I lt les
Belglum
Société anonyme du Canal et des Installations maritimes de Bruxelles .
Port autonome de Liège .
Port autonome de Namur .
Port autonome de Charlerol .
Port de la ville de Gand .
la Compagnie des    Instal lat lons marltlmes de Bruges - Maatschappij der
Brugse haven Inrlchtl ngen .
Société Intercommunale de la rive gauche de l' Escaut - Intercommunale
maatschappl J van de llnker Sche I deoever . (Port d' Anvers )
Port de Nleuwport .
Port d' Ostende .
Denmark
Ports as deflned In art Ide 1 , I to 1 1 1 of the Bekendtgørelse nr 604 af
16 . december   1985  om    hvilke   havne  der     er omfattet af lov  om
trafikhavne , Jf . lov nr 239 af 12 . maj 1976 om trafikhavne
 ---pagebreak---                                         111
 Germany
 Seaports awned totally or partially by territorial authorities ( Hinder .
 Krelse . Geme Indent
 Inland ports subject to the Tarlfordnung pursuant to the ftassergesetze
 of the L&nder
 Greece
 ΡΙ Γβα/5 ΡΟΓ ( Οργανισμός Λ ι μένος Πειραιώς .
 set up pursuant to Emergency Lam 1559/ 1950 and Law 1630/ 1951 .
 ΤΟε5$αΙοηΙΚΙ ροΓί Οργανισμός Λ ι μένος Θεσσαλονίκης ,
δβί υρ ρυΓ$υαη { ΐο Οβοεββ Ν.Α . 2251 / 1953 .
ΟΐΐΊβΓ ΡΟΓΪ5 ςανοΓηοά δγ ρΓβίΙάβηί I αΙ άβο Γββ 649/ 1977 (Π.Δ · 649/ 7977)
 Εποπτεία, οργάνωση λειτουργίας , διοικητικός έλεγχος λιμένων .
(surveillance organisation of functioning and administrative control )
Spaln
Puerto de Huetva set up pursuant to the Decreto 2 de octubre de 1969 .
no 2380/69 . Puertos y Faros . Otorga Régimen de Estatuto de Autonomía
al Puerto de Huetva .
Puerto de Barcelona set up pursuant to the Decreto 25 de agosto de
1978 . no_ 2407/78 . Puertos y Faros . Otorga al de Barcelona Régimen de
Estatuto de Autonomía
Puerto de Bilbao set up pursuant to the Decreto 25 de agosto de 1978 .
no 2408/78 . Puertos y Faros . Otorga al de Bilbao Régimen de Estatuto
de Autonomía .
 ---pagebreak---                                    112 -
 Puerto de Valencia set up pursuant t o the Decreto 25 de aposto de 1978 .
 no 2409/78 .   Puertos y Faros . Otorga al      de Valencia Régimen de
 Estatuto de Autonomía .
 Juntas de Puertos operat Ing pursuant to the Leí 27/68 de 20 Junio 1968 :
 Puertos y Faros . Juntas de Puertos y Estatutos de Autonomía and to the
 Decreto de 9 de abril       de 1970 .   no 1350/ 70 . Juntas de Puertos .
 Regí amiento .
 Ports managed by the Comisión Administrativa de Grupos de Puertos
 operat Ing pursuant   to the Ley 27/ 68 de 20 Junio de 1968 ,    Decreto
 1958/78 de 23 Junto de 1978 and Decreto 571 /81 de 6 mayo de 1981 .
 Ports Usted In the Real Decreto 989/82 de 14 de mayo 1982 .     Puertos .
Clasificación de los de Interés genera ! .
France
Port Autonome de Paris set up pursuant to loi n m 68/ 917 du 24 octobre
 1968 relative au port autonome de Paris .
Port Autonome de Strasbourg set up pursuant to the Convent Ion du 20 ma !
 1923 entre l‘Etat et la ville de Strasbourg relative A la Constitution
du Port Rhénan de Strasbourg et è exécution 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 Intérieure ) of the décret n " 69 - 140 du 6 février 1969
relatif aux concessions d' outillage public dans les ports Maritimes ./
Ports autonomes opérât Ing pursuant to articles L 111-1 et suivants of
the Code des Ports Maritimes .
Ports non-autonomes opérât Ing pursuant to articles R 121-1 et suivants
of the Code des Ports Maritimes .
 ---pagebreak---                                          113 -
 Ports    managed by régional       authorltles   (départements )  or opérât Ing
 pursuant     to a concession granted by the régional                authorltles
 (départements ) pursuant to article 6 of the Loi 66-663 du 22 Juillet
 1983 compétent la loi 83-8 du 7 Janvier 1983 relative è la répartition
 de compétences entre les communes , départements et l‘Etat .
 Ireland
 Ports operating pursuant to the Harbour Act 1968
 Italy
State    ports    and  other   ports  managed   by  the  Capltanerla   dl Porto
pursuant to the Codice della navlgazlone . Reglo Decreto 30 marzo 1982 .
n.  32 .
Autonomous ports      (Enti   portuali ) set up by special    / aws pursuant to
Artide 19 of        thè  Codice della    navigazione , Redo   Decreto  30 marzo
 1982 , n . 327 .
Luxembourg
Port de Hertert set up and opérât Ing pursuant to Loi du 22 Juillet 1963
relative A / * aménagement et à l 'exploitation d' un port fluvial sur la
Moselle .
Netherlands
Havenbedr I Jven , set up and operat Ing pursuant to the Gemeentewet van
29 Juni    1851 .
Havenschap Vllsslngen . set up by the wet van 10 september 1979 Inzake
de gemeenschappelijke        regeling   tot   oprichting  van   het  Havenschap
Vllsslngen .
 ---pagebreak---                                     114
 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 Delfzlll .
Haven- en I ndust r I eschap Moerdijk , set up by the gemeenschappel I Jke
regeling tot oprichting van het Haven- en I ndust r I eschap Hoerdl Ik van
23 oktober 1970 . approved by Koninklijk Besluit nr . 23 van 4 maart
 1972 .
Portugal
Porto de Lisboa set up pursuant to Decreto Real do 18 Fevereiro 1907
and operatlng pursuant to Decreto lei no 36976 do 20 Julho 1948 .
Porto do Douro e Leixões set up pursuant to Decreto Lei no 36977 do 20
Julho 1948 .
Porto de Slnes set up pursuant to Decreto Lei Ho-508 /77 do 14 Dezembro
1977 .
Portos de Setúbal . Aveiro . Figueira de Foz , Viana do Castelo . Portlmaz .
Faro operatlng pursuant to the Decreto Lei 37754 do 18 Fevereiro 1950 .
United Kingdom
Harbour author It les within the meaning of section 57 of the Harbours
Act 1964 providing port facilities to carriers by sea or Inland water
way .
 ---pagebreak---                                                                                                       ΛΝΝΚΧ         X
                                                         115
                                    1 . 1 ST OF PROFESSIONAL ACTIVITIES
                         AS SET OUT IN T1IK GENERAL INDUSTRIAL CLASSIFICATION
                      OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES
                 S-ut>g roupa
         Group·      and                                              OwacrlfrUoa
                    Aem·                                                         '
    ao                          •UiLDfMO AND CIVIL ENOINCCRINO
           COO                     QiN^-d kuMog and cfrfl «ngln**f1ng wp<% (»tthoul *r»y farflcular
                                   •padâAzâlloo] wtd dwno(Wo«i wxxt                    v
                    600.1                0«A«r»l bufkjlng and CMI anglnaarlng %ort (wttNoi/t any particular
                           -
                                         •paciållzjtion)
                    3002                 DamoOtion work
                             -
)1        *n                      Canatracfloa af 4|<· «dio· Muni· . fr napIta la and cibar bwÄdlnpa . both
                                  iaal1>iit1a| and ftocrwidinflil
                    301.1                Ointnl buØdlng OCH »tractor»
                    501.2                Booflng
                    501 J                Conatructkxi cf clUmoay». kfln* and tumacai
                    501.4                Wda rp roofing and dampprooflng
                    S01JS                Kaato ration and maJrrtananoa cf outald« waila
                                         (rapolnUng . cfaaning. aie.)
                    501 .6               £ raedon and dlamantlanvant of acatiolding
                    501.7                OÜ>ar spaciaJtzad aclMDaa raiadng to oonat ru ertön work (Including
                                        c*jp*rrtry)
                                               \
          un                      CHI angtnaarlng : «matiucflon of roadi, brldga«, rWhawym, a4c.
       .
                    502.1               QaewraJ eMI anglnaartng work
               •    502-2               E»(tlHi«Mng (nawylne)
                    502-3               CooatsvcOon of brldgaa. tonnata and abaft*. drilling
                   602.4                Hydraulic angina a ring (rtvwra. canaJ *. harbour«. How*. IPÖCJ and
                                        dama)
                   002-5                Road-buAdlng (kncfudlr^) apodaftxod oonatruebon of airport*            and
                                        nmaiyi)
                   002-0                Spadafttad oooatructkxi work rotating to arator (La. to Irrigation, land
                                        dralnaga, wvtor auppfy. aawoga dtapoaal. aawwraga. ale.)
                   002.7                Spadai trad actfvttlaa In otftar araas of cMJ ooQtnaarlng
          903                     InatoAadoo (Unga awd fbtturaa)
  )                30X1                 Oaoarmf Inalanation work
                   mna                  Oaa ΑΖΧίτφ a/vl plumbing, and tha fnataflatlon of aanhary aqulpownl
                   60X3                 Inataflatlon of f»aaf1r»g and vaotJlatJng appanrtua (oarrtral haatlng . air
                                        conditioning. vaodlatlon)
                   60X4                 ØLound and boat kwcdalkxv. Inautaûoo «galrat vibration
                   00X3                 CWctrloai munga
                   SXL6                 tnctaftaâoo of aartaW. lightning conductor*. talaphona*. ate.
          (04                     9<4<flng co wplaflaa work
                   304.1                OanarmJ bußding oomptatkxi work
                   COO                  Flaa taring
                   304J                 Joinary. prlmarffy angagad In on tha alt· unmbty arvl/or InataMatton
                                        (Including tba laying of parquai flooring )
                   604.4                Paintlrç . gtaxJng. paparhanglng
                   3043                 Tiling and otharwiaa ooraflng floor« and wafU
                   304.6                OtN»r bunding com^Ulkxi worn (pitting in dr»pi«c·». »íe .)
 ---pagebreak---                                         ANNEX   XI
         MODEL NOTICE OF CONCESSION CONTRACTS IN THE WATER SECTOR
   1. The name , address , téléphoné number , télégraphie address , telex
      and télécopier number of the contractlng 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
 f    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 :
)
 ---pagebreak---                                                ANNEX  XI I
                         A.  Open procedures
The name . address , téléphoné number , télégraphie address .       teiex
and télécopier number of the contractlng entlty :
For    supply   contracts :  form of  contract   for which offers     are
 invited :
a)   Place of dellvery , 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)   author I zat Ion 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 :
Derogation from the use of European standards , common technical
specifications     or  European  technical  approvals .    In accordance
with Article 9 :
Time-llmits for dellvery or completlon :
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 :
a)   The final date for receipt of tenders :
b)   The address to which they must be sent :
c)   The language or languages In which they must be drawn up :
 ---pagebreak---                                    - 113
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 :
TO .   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 )  Oate   of   publication   of     the    periodic
       information notice In the Official Journal to which this contract
       refers :
17 .   Oate of dispatch of the notice :
18 .   Oate of receipt of the notice by the            Office     of   Official
       Publications of the European Communities :
 ---pagebreak---                                             ANNEX X I I
                       B. Restricted procedures
 The name , address , telephone number , telegraphic address , telex
 and telecopier number of the contracting entity :
 For    supply   contracts :  form of   contract  for   which  offers  are
 inv i ted :
 ( Where applicable ), justification for the use of the accelerated
 procedure according to Article 17 ( 4 ):
 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 concering the purpose of the work or the contract
      where the latter also Involves the drawing up of projects :
Derogation from the use of European standards , common technical
specifications or        European  technical  approvals .   In  accordance
with Article 9 :
Time - limit for delivery or completion :
( Where applicable ) the legal form to be taken by the grouping of
suppliers or contractors to whom the contract 1st awarded :
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 :
 ---pagebreak---                                          12ü -
    9.     The final date for dispatch of Invitations to tender :
    10 .    ( Where applicable ) any deposits and guarantees required :
    11 .   Main terms concerlng financing and payment and /or the provisions
            laid down by law or regulation In which these are contained :
    12 . . Information concerning the supplier 's or contractor's' position
           and economic and technical standards required of him :
    13 .   The criteria for the award of the contract where they are not
           mentioned in the Invitation to tender :
    14 .   Other information :
    15 .   ( Where    applicable )  date   of   publication   of  the   periodic
           information notice in the Official Journal to which this contract
           refers :
  . 16 .   Date of dispatch of the notice :
    17 .   Date    of  receipt  of  the   notice  by  the  Office  for  Official
           Publications of the European Communities :
)
 ---pagebreak---                                         ANNEX X I I
                     C. Negotiated procedures
The name , address , téléphoné number , télégraphie address , telex
and télécopier number of the contractlng entlty :
For supply contracts :
Form of contract for which offers are Invited :
a)   Place of dellvery , 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 :
Derogation from the use of European standards , common technical
specifications    or  European  technical  approvals .   In  accordance
with Article 9 :
Tlme-llmlt for dellvery or completlon :
( Where appl Icable ) the legal form to be taken by the grouping of
suppliers or contractors to whom the contract Is awarded :
a ) Final date for recelpt of tenders :
b ) The address to which they must be sent :
c ) The language or languages In which they must be drawn up :
( Where applicable ) any deposits and guarantees required :
Main terms concerning financing and payment and /or the provisions
laid down by law or regulation In which these are contained :
 ---pagebreak---                                 - 122 -
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  publications   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---                                  123
                                            ANNEX XIII
           Notice on the existence of a qualification system
1 . Name , address , téléphoné number , télégraphie address , telex and
    télécopier number of the contractlng 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 :
 ---pagebreak---                               124
                                                  ANNEX XIV
                        Periodic Informat Ion Not Ice
A.  For supply 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 :
   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.-
   2.   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---                                 125
                                                         ANNEX XV
                         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 suppller(s ) or contractor ( s ) :
7.   nature and     quantity   of   goods   supplied , where   applicable ,  by
     supp I ler :
     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 :
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 :