CELEX: 51987PC0233
Language: en
Date: 1987-05-27
Title: ALTERATION OF THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/62/EEC RELATING TO THE COORDINATION OF PROCEDURES ON THE AWARD OF PUBLIC SUPPLY CONTRACTS AND DELETING CERTAIN PROVISIONS OF DIRECTIVE 80/767/EEC

N o C 161/10                              Official Journal of the European Communities                                   19.6.87
                       ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
                            Article 12                                                           Article 12
 1.    Member States shall bring into force the measures               1.    Member States shall bring into force the measures
 to comply with this Directive by                   They shall        to comply with this Directive within two years of its
 forthwith inform the Commission thereof.                             adoption. They shall forthwith inform the Commission
                                                                      thereof.
 2.    Member States shall communicate to the                         2.     unchanged
 Commission the texts of the main laws, regulations and
 administrative provisions which they adopt in the field
 covered by this Directive.
                            Article 13                                                           Article 13
This Directive is addressed to the Member States.                     unchanged
               Alteration of the proposal for a Council Directive amending Directive 77/62/EEC relating to
               the coordination of procedures on the award of public supply contracts and deleting certain
                                             provisions of Directive 80/767/EEC (')
                                                         COM(87) 233 final
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                                  the EEC Treaty on 1 June 1987)
                                                           (87/C 161/05)
A new recital is added between the fourth and fifth recitals:         Articles 2 and 3 become Articles 3 and 4.
'Whereas it is necessary to amend these Directives in
order to incorporate the changes in the GATT                          Alteration of Article 4
Government        Procurement       Agreement      agreed    in
December 1986.'
                                                                      Article 4 (2) (d) is replaced by the following:
 New Article 2
                                                                      '(d) The contracting authorities shall prepare a report in
                                                                           writing on each contract awarded under the
                                                                            restricted or the negotiated procedure. They shall
Article 1 (a) is replaced by the following text:
                                                                            ensure that each report contains the name of the
                                                                            contracting authority, the value and nature of goods
                                                                            purchased, the country of origin as indicated by the
'(a) "public supply contracts" shall be contracts for                       address of the supplier, and a statement of the
      pecuniary interest concluded in writing involving the                 conditions referred to in Article 6 (1) and (2) which
      purchase, lease, rental or hire purchase, with or                     prevailed at the time when the contract was
      without option to buy, of products between a                          awarded. The report shall remain with the
      supplier (a natural or legal person) and one of the                   contracting authority concerned. If needed, this
      contracting authorities defined in (b) below. The                     information shall be supplied to the authorities
      delivery of such products may in addition include                     responsible for the contracting authority in order
      siting and installation operations.'                                  that it may, if required, be used by the Commission
                                                                            and, through the Commission, by the Advisory
0) OJ No C 173, 11. 7. 1986, p. 4.                                          Committee for Public Contracts.'
 ---pagebreak--- r^DS^                                            (Official journal of the European communities                                                        ^ooetDtBM
A^A^cA^                                                                                2.       Inthecaseof contractsforthelease,rentalor
                                                                                       hire purchase of products, the bases for calculating
Article^is replaced bv the following^                                                  the estimated contract value shall be^
                                                                                       — in the case of fi^ed term contracts, where their
    A ^ c ^ ^                                                                                term is t 2 m o n t h s o r l e s s , t h e c a l c u l a t i o n should
                                                                                             be based on the total contract value for its
   t. ^      The provisions ofTitles 11, 111 and I V a n d of                                duration, o r , w h e r e t h e i r t e r m exceeds t2 months
             Article D, under the conditions laid down in
                                                                                             its total value including the estimated residual
             T i t l e l a n d i n Article 4 , s h a l l a p p l v t o p u b l i c
                                                                                             value,
             supplv contracts^
                                                                                       — in the case of contracts for an indefinite period or
             — awarded under the terms and conditions                                        in cases where there is doubt as to the duration of
                   of Directive 80BBDBBEE(G bv those                                         the contracts, the monthlv instalment is multiplied
                   contracting authorities listed in A n n e ^ l o f                         bv48.
                   that Directive and whose estimated value
                   netofVATisnotlessthanl^OOOECAU,                                     3.       In the case of regular supplv contracts or of
                   except those contracts awarded bv                                   contracts which are to be renewed within a given
                   contracting authorities in the field of                             time, either the aggregate cost of similar contracts
                   defence in respect of products not listed in                        concluded over the previous fiscal vear or 12 months
                   Anne^ 11 to that Directive,                                         adjusted, where possible, for anticipated changes in
                                                                                       quantitvor value over the subsequent t2 months or
             — awarded hv those contracting authorities                                the estimated aggregate cost during the t2 months
                   within the meaning of Article t of this                             following first deliverv or during the term of the
                   Directive and whose estimated value net of                          contract where this is greater than 12 months must be
                   VAT is not less than 200 000 ECmU except                            taken as the basis for the application of paragraph P
                   those awarded hv the contracting auth                               The selection of the valuation method shall not be
                   orities listed in Anne^ 1 to Directive                              used with the intention of avoiding the application of
                   80BBDBBEECE                                                         this Article.
             — awarded hv contracting authorities in the
                                                                                       4.       If a proposed procurement of supplies of the
                   field of defence in respect of those
                                                                                       same tvpemav lead to contracts being awarded at the
                   products not listed in Anne^ 11 to Directive
                                                                                       same time in separate parts, the estimated value of
                   ^OBBDBBEEC^ and whose estimated value
                                                                                       the total sum of these parts must be taken as the basis
                   net ofVAT is not less than 1 ^ 000 ECmU.
                                                                                       for the application of p a r a g r a p h s t a n d 2.
       r d ^ T h e Directive shall applv to puhlic supplv                              ^.       In cases where a proposed procurement
             contracts for which the estimated value equals                            specifies optionclauses, thebasis for calculating the
             or exceeds the threshold concerned at the time                            estimated contract value shall be the highest possible
             of puhlication of the notice in accordance with                           total of thepurchase, lease, rental, or hire-purchase
             Articled                                                                  permissible, inclusive of the option clauses.
                                                                                       D.       l^o procurement requirement for a given
       ^     The value of the thresholds in national
                                                                                       quantitv of supplies mav be split up with the intention
             currencies and the threshold of the oGATT
                                                                                       of avoiding the application of this ArticleB
             Agreement in terms of the ECmU shall he
             revised everv two vears with effect from 1                            A^cA^^^^becomeArticlesDto^.
             ] a n u a r v l ^ 8 . T h e calculationof these values
             s h a l l h e h a s e d on the average dailv values of                B^cA^becomesArticlelO.
             these currencies in terms of the ECmU and of
             the ECmU in terms of the ^DR over the 24                              ArticleMCl^ is replaced hv the following^
             months terminating on the last dav of (October
                                                                                        U.       In restricted and negotiated procedures the
             immediately preceding the t ] a n u a r v revision.
                                                                                        time limit for the receipt of requests to participate
             I^he values shall he puhlished in the C O ^ c ^
                                                                                        fi^edbvthecontractingauthoritiesshallbenotless
              A ^ r ^ ^ ^ ^ r ^ ^ ^ ^ ^ ^ ^ ^ at the                                    t h a n ^ d a ^ s from the date of dispatch of the noticeB
             beginning of November.
                                                                                   A r ^ c ^ ^ ^ A ^ become A r t i c l e s ^ t o l ^ .
       ^ T h e method of calculation laid down in                                  Ar^cA^^ becomes ArticletDand is to read^
             subparagraph ^ shall he examined, on the
                                                                                   5Articles 2, 3 , 4 , ^ a n d D o f Directive 80B^D^BEE(^ are
             commissions initiative, hv the Advisorv
             (committee for Rublic contracts two vears                             deletedB
             after its initial application.                                        A r ^ c ^ ^ ^ ^ B b e c o m e Articles t ^ t o t ^ .