CELEX: 51992PC0345
Language: en
Date: 1992-07-28
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 71/305/EEC concerning the co-ordination of procedures for the award of public works contracts

1 . 9. 92                                Official Journal of the European Communities                            No C 225 / 11
                 Proposal for a Council Directive amending Directive 71/305/EEC concerning the coordination
                                      of procedures for the award of public works contracts
                                                           (92/C 225/06)
                                                  COM(92) 345 final — SYN 439
                                          (Submitted by the Commission on 28 July 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                laid down in paragraph 3, when, in particular on the
                                                                        basis of the notifications from the Member States, it
                                                                        is necessary :
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 57 (2),
66 and 100a thereof,
                                                                        (a) to remove from Annex I bodies governed by
Having regard to the proposal from the Commission,                          public law which no longer fulfil the criteria laid
                                                                            down in Article 1(b);
In cooperation with the European Parliament,
                                                                       (b) to include in that Annex bodies governed by
Having regard to the opinion of the Economic and                            public law which meet those criteria.
Social Committee,
Whereas it would be appropriate to enable certain
technical conditions concerning notices and statistical                2.     The conditions for the drawing up, trans­
reports required by Council Directive 71 /305/EEC of 26                mission, receipt, translation, collection and distri­
                                                                       bution of the notices referred to in Article 12 and of
July 1971 concerning the coordination of procedures for
the award of public works contracts (*), as amended, to                the statistical reports provided for in Article 30a, the
be adapted in the light of changing needs ;                            nomenclature provided for in Annex II as well as the
                                                                       reference in the notices to particular positions of the
                                                                       nomenclature, may be modified in accordance with
Whereas Annex II to Directive 71 / 305 /EEC refers to the              the procedure laid down in paragraph 3 .
general industrial classification of economic activities
within the European Communities (NACE); whereas the
European Community from time to time may revise or
replace its common nomenclature ; whereas it is                        3.    The chairman of the committee shall submit to
necessary to make provision for the possibility of                     the committee a draft of any measures to be taken.
adapting the reference made to the NACE nomenclature                   The committee shall deliver its opinion on the draft,
in Annex II accordingly;                                               if necessary by taking a vote, within a time limit to be
                                                                       fixed by the chairman in the light of the urgency of
                                                                       the matter.
Whereas such changes should be made using the
procedure provided for in Article 30b, which should be
adapted accordingly,
                                                                       The opinion shall be recorded in the minutes. In
                                                                       addition, each Member State shall have the right to
HAS ADOPTED THIS DIRECTIVE :
                                                                       request that its position be recorded in the minutes.
                            Article 1
Article 30b of Directive 71 /305/EEC is hereby amended                 The Commission shall take the fullest account of the
as follows :                                                           opinion delivered by the committee. It shall inform
                                                                       the committee of the manner in which its opinion has
                                                                       been taken into account.
      'Article 30b
      1 . Annex I to this Directive shall be amended by                4.    Amended versions of Annexes I and II and of
     the Commission, in accordance with the procedure                  the conditions set out in paragraph 2 shall be
                                                                       published in the Official Journal of the European
(') OJ No L 185, 16. 8 . 1971 , p. 5.                                  Communities. '
 ---pagebreak--- No C 225 / 12                      Official Journal of the European Communities                               1 . 9 . 92
                        Article 2                                                    Article 3
1.    Member States shall adopt the measures necessary       Member States shall communicate to the Commission
to comply with this Directive by 1 January 1993 . They       the text of the main provisions of national law, which
shall forthwith inform the Commission thereof.               they adopt in the field governed by this Directive.
2.    When Member States adopt these provisions, these
shall contain a reference at the time of their official                              Article 4
publication. The procedures for such reference shall be
adopted by Member States.                                    This Directive is addressed to the Member States .