CELEX: 51993PC0236
Language: en
Date: 1993-05-24
Title: Re-examined proposal for a COUNCIL DIRECTIVE coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0M(93) 236 final - SYN 361
                                            Brussels, 24 May 1993
                      Re-examined proposal for a
                            COUNCIL DIRECTIVE
              coordinating the procurement procedures
                  of entities operating in the water,
          energy, transport and telecommunications sectors
      (presented by the Commission pursuant to Article 149.2(d)
                            of the EEC treaty)
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                              EXPLANATORY MEMORANDUM
I. General considerations
The re-examined proposal reflects the Commission's stance with regard to the common
position adopted by the Council on 21 December 1992 and the proposed amendments to
that common position adopted by the European Parliament on second reading on 21 April
1993. As the Commission stated at the plenary session, it could accept both amendments
adopted by Parliament and it would incorporate them in its re-examined proposal.
II. Analysis of the re-examined proposal
The proposal reflects the agreement existing between the Council, Parliament and the
Commission, except for two points where the proposal reflects the European Parliament's
amendments (in annex). The points at which the re-examined proposal differs from the
common position are set out below :
a) Article 13(1). last subparagraph
 Article 13 in the common position provides an exemption, under certain conditions, for
 certain service contracts awarded by a contracting entity to an undertaking within its group.
 The Article contains a provision which requires contracting entities with more than one
 affiliated undertaking providing the "same or identical" services to take account of the total
turnover derived from the provision of services by those undertakings. This should avoid
 abusive splitting of affiliated undertakings to avoid the Directive. The re-examined proposal
 corrects an unintended error in that provision in that reference is made to services which are
 the "same or similar". Furthermore, the words "in the Community" are added. These
 modifications, which do not change the substance, improve the clarity of the text.
 b) Article 24 (3)
 This Article in the common position contains a provision which allows contracting entities
 to withhold publication of notices for service contracts awarded in one of the "non-priority"
 categories. The re-examined proposal deletes this provision in accordance with Parliament's
 amendment, as it is in the service provider's interest that such information is made available.
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                           Re-examined proposal
                         for a Council Directive
                 coordinating the procurement procedures
                   of entities operating in the water,
            energy, transport and telecommunications sectors
1. in the proposal, Article 13(1), last subparagraph     is replaced by the
   following:
   "Where more than one undertaking       affiliated with the contracting
   entity provides the same service       or similar services, the total
   turnover deriving from the provision   of services by those undertakings
   in the Community shall be taken Into   account."
   in the proposal, Article 24(3) is replaced by the following:
   "Contracting entities awarding service contracts within category No 8
   of Annex XVI A to which Article 20(2)(b) applies need mention,
   concerning point 3 of Annex XV, only the main title thereof within the
   meaning of the classification of Annex XVI. Contracting entities
   awarding service contracts within category No 8 of Annex XVI A to
   which Article 20(2)(b) does not apply may, on the grounds of
   commercial confidentiality, limit the information provided for in
   point 3 of Annex XV. However, they must ensur that any information
   published under this point Is no less detailed than that contained in
   the notice of the call for competition published in accordance with
   Article 20(1) or, where a qualification system is used, no less
   detailed than the category referred to In Article 30(7)."
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                                                                     ISSN025«4'
                                                              COM(93) 236 final
                                                      DOCUMENTS
EN                                                                           08
                                 Catalogue number : CB-CO-93-266-EN-C           '
                                                             ISBN 92-77-56161-0
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