CELEX: 51991PC0322
Language: en
Date: 1991-08-30
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE RELATING TO THE COORDINATION OF PROCEDURES ON THE AWARD OF PUBLIC SERVICE CONTRACTS

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                                        COM(91)322            final - S Y N 2 9 3
                                                                         B r u s s e l s , 3 0 August 1991
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                                         A m e n d e d proposal         for a
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                  r e l a t i n g t o the c o o r d i n a t i o n o f p r o c e d u r e s o n t h e award
                                        of public s e r v i c e c o n t r a c t s
                 (presented by the C o m m i s s i o n pursuant to A r t i c l e                  149(3)
                                             of the E E C T r e a t y )
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                               Table of contents
I.      State of procedure                        p.  3
I I.     Comments on the major EP amendments not
        retained in the amended proposal          p.  3
III.    The amended proposal                     .p.  4
         (a)   Changes which do not alter the
               substance of the proposal
         (b)   Definition of public service
               contracts
         (c)   Concessions
         (d)   Thresholds
         (e)   Pr ior i ty and
               residual services
         (f)   Contents of indicative notices
         (g)   Nature of tenderers
               (natural or legal persons)
         (h)   Abnormally low tenders
         (I)   Preference schemes.
         (J)   Statistical reports
         (k)   Non-EC tenders
AMENDED PROPOSAL
Preamble                                         p.  13
Articles                                         p.  17
Annexes                                          p.  44
 ---pagebreak---  ---pagebreak---                                       - 3 -
I.    STATE OF PROCEDURE
1.    In June 1990, the Commission presented its initial proposal for
      this Directive     d).
2.    The Economic and Social Committee adopted its opinion on 29 May
      1991<2>.
3.    On 15 May 1991, Parliament adopted its opinion on the proposal,
       Including    a    number    of    amendments^3).      The     majority     of
      Parliament's amendments       aim at clarifying       the proposal,      inter
      alia   as  regards    its   scope,   as   well   as   simplifying      certain
      provisions     of   the   Directive.    Parliament's      amendments      also
      concern   a   number   of   Important   issues such      as   exclusions    of
      contracts    for   certain   services    and   the   coverage     of  others;
      thresholds;     concessions;     variants;     the    nature     of    bidders
      (natural or legal persons); statistics; or the treatment of non-
      EC tenders,
4.    The   Commission     has   accepted    the    majority    of    Parliament's
      amendments, in particular those that aim at a higher degree of
      clarity   and   simplicity,     although    in certain     cases    modifying
      them   as   appropriate     In   the  context     of   the   Directive.     In
      particular    as   regards   the provisions on concessions,            further
      changes were necessary in the Interests of clarity.
 I I.   Comments on Parliament's amendments not retained             In the amended
       proposal
5.    As regards the      indicative notices provided for          in Article 16,
       the Commission Is of the opinion that more flexibility is needed
       than  Parliament's     amendment   would    allow. Experience       with  the
       corresponding    requirements under the other Directives suggests
 (1)   0J. No. C 23, 31.1.1991
 (2)   0J. No. C
 (3)   OJ. No. C
 ---pagebreak---                                        - 4 -
       that  contracting    authorities     should    be allowed     to choose    the
       descriptive headings which correspond to their own practice and
       that an exhaustive      listing would not be helpful. However, the
       Commission   will   continue    to   reflect    on  this proposal      in the
       light of experience being gained with the Supplies and Public
       Works Direct Ives.
6.     As regards the provision on abnormally low offers the Commission
       considers that this should be aligned on the provisions of the
       other Directives which relate to public authorities, notably the
       Public Works Directive (71/305/EEC)<4), and not on that of the
       "Utilities     Directive"       (90/531/EEC) (5)       which     relates    to
       dlfferent entItles.
7.     The Commission     has not    retained a number of amendments            which
       were adopted     by Parliament     and which seek       to ensure a closer
       supervision    of   the   respect    by   bidders    of   their   obligations
       under social and environmental          legislation. In the Commission's
       view the supervision of such obligations is better carried out
        in  the   context     of   the    relevant     social    or    environmental
        legislation.   To   use    EC   procurement      rules   for   this   purpose
       would reduce their effectiveness In meeting their principal goal
       of ensuring the non-discriminatory award of public contracts.
  III. THE AMENDED PROPOSAL
8.     Changes compared      to the    initial    proposal    are underlined. The
        following explanations take the Articles in their order.
 (a)    Changes which do not alter the substance of the proposal
 9.     Following the opinion of the Parliament, the Commission,               In its
        amended proposal, has replaced the term "supplier" by "service
        provider".    It  has    also,   at    a   number    of   places,    inserted
 (4)    OJ. No. L 185, 16.8.1971
 (5)    OJ. No. L 297, 29.10.1990
 ---pagebreak---                                   - 5 -
    texts where previously     there had been a cross reference to a
    text  In the Public Works Directive. This applies to Art              1(b)
    (contracting authorities); Art 8(8) (calculation of thresholds);
    Art 20 (variants); Art 31 (lists of recognized suppliers). While
    constituting no change of substance, the         Commission accepts the
    Parliament's view that this will assist understanding by making
    the text more readable. It further has introduced minor changes
    In the Articles 1, 2, 13, 14, 15, 18, 19, 22, 26, 27, 29, 30,
    33, 39, 40, and    In Annexes     IA, IB, 1 M B , C, D, E.      It had to
    renumber the Articles because of the deletion of Articles as
    a consequence of explained modifications.
(b) Definition of public service contracts
10.       The provisions of Article 1(a) have been changed             in two
           respects:
           the  text  alms    to   make   it   clear   that   contracts    for
           financial   services     are    covered     by   the    Directive,
           Irrespective   of  the   fact   that   they  may  be   awarded   in
           connection   with    contracts     In   connection    with    land,
           buildings,   or   immovable, property      (subparagraph     (ii)),
          which are themselves excluded;
           the exclusion of     contracts    awarded   by  the  "utilities",
           which was included in the initial proposal as           Article 6,
           has been inserted in     Article 1(a) (viii).
 ---pagebreak---                                     - 6 -
(c)  Concessions
11.  The amended proposal brings together all the provisions relating
     to the award of public service concessions In
            Article 1(h) (definition), and
            Article 4 (award of concessions; rules applicable to the
            award of contracts by concessionaires).
12.  The definition in Article 1(h) aims to distinguish, in the field
     of concessions which are        intended to ensure that a service is
     made    available    to    the    public,    between   "public     service
     concessions" which are covered         In Article 4 of this Directive
     and   "public    works   concessions",     which  are   covered    by  the
     provisions of the Public Works Directive. The principle Is that
     any concession which includes provision for works to be carried
     out should be considered        to be a public works concession. All
     others should be public services concessions.
13.  Article   4 provides     the conditions under which       public   service
      concessions    should    be   awarded    (paragraph   1   and    2);  the
      conditions   under   which    a  concessionaire    which   Is   a  public
      authority should award its own contracts (paragraph 3 ) ; and the
      conditions under which their concessionaires should award their
      own contracts (paragraph 4 ) .
 14.  The principle which      is applied to the award of public service
      concessions is one of publicity        where the turnover     Involved Is
      ECU 200.000 or more per year. This provision, which is the same,
      apart from the threshold, as that applied to the award of public
      works concessions     In the    Public Works Directive, ensures that
 ---pagebreak---                                         - 7 -
        Interested    service      providers   will    be   made   aware    that    a
        concession    is    being   awarded.   However,    It   also,   implicitly,
        recognizes    the     differences    between    concessions    and    public
        service contracts.
    15. A public service concession concerns the provision of a service
        to the public, while         a public service contract        Involves the
        provision of a service to the public authority. A concessionaire
        accepts the financial        risk  In providing a public service, in
        return for the chance of profit while a contractor seeks his
        profit   in the more limited context of the price for delivering
        of a particular service.
    16. For this reason, the award of public service concessions (like
        public works concessions under the Public             Works Directive) is
        not subject     to the detailed requirements which are considered
        appropriate     for   public   service   contracts. The      rules   of   the
        Treaty do, of cause, apply. Nevertheless, in parallel with the
        Public    Works    Directive,    provision    Is made     for   contracting
        authorities to Impose, should they so wish, certain requirements
        concerning the extent to which concessionaires award contracts
        to third part les.
    17. Public authorities which are concessionaires do not, thereby,
        escape from their obligations under the           Directives on the award
        of public supply contracts, public works contracts or                 public
        service contracts.
         In order to ensure that the use of concessions does not                limit
         the   scope     for    the   development    of    the    Internal    market
         concessionaires which are not public authorities or which are
         not covered by the Utilities Directive are to be required to
         publicize   their    supplies, works and services contracts. This
(2)
 ---pagebreak---                                 - 8 -
    requirement Is, however, set aside when the conditions for award
    without publicity   laid down   in the relevant   Directives apply
    and when the contract    Is awarded to an undertaking which is a
    member of the group to which the concession has been awarded, or
    to one of Its affiliates.
18. In presenting the provisions relating to the award of public
    service concessions in this way, the Commission has followed the
    substance of the relevant amendments of the European Parliament.
    It has, however, gone somewhat further in bringing together all
    the texts relating to concessions. In this way It has sought to
    meet the Parliament's desire for the clearest possible text.
(d) Thresholds
19. The Commission   also follows Parliament on the provisions of
    Article 8. This article should be considered also in the light
    of Article 2, which provides for a distinction on the basis of
    majority   content   between   supplies   contracts  and   services
    contracts. Contracts    In practice often contain a mixture of
    supplies and services. Further, the distinction between many
    supplies (for example In cases of rental) and services can be
    rather fine. For this reason, and in order to avoid creating a
    potential source of conflict as to the correct classification of
     contracts, It Is proposed to apply the same threshold to service
     contracts as to supplies contracts awarded by the same entity.
    To this effect, the threshold is ECU 200.000 except for those
     authorities which are subject to the GATT Government Procurement
    Agreement, for which     the threshold   Is ECU 130.000   . Special
     thresholds for particular types of services, as the discussions
     in  Parliament  have   shown,   risk  creating  uncertainties  and
     disputes. Given that the way      in which service providers are
     remunerated may vary, additional provisions are made relating to
     calculation of the contract value.
 ---pagebreak---                                    - 9 -
(e) Priority and residual services
20. The   amended      proposal  maintains  the    concept  of   two-tier-
    application of the Directive, as laid down In Articles 9 to 11.
    However, following the Parliament's      opinion and In the light of
    discussion with the sectors concerned, all types of financial
    services covered by the Directive are now listed In category 6
    of Annex    IA    including  those which were previously     listed  in
    category 21 of Annex IB.
(f) Contents of Indicative notices
21. Article 16 has been amended In consequence of the modification
    to   Article    8   (thresholds). Contracting    authorities   have  to
    publish the Intended total procurement        in each of the service
    categories     listed    in Annex  IA which   they  envisage   awarding
    during the next twelve months where the estimated value reaches
    ECU 750.000.
(g) The nature of tenderers (natural or legal persons)
22.  In accordance with the amendment of the European Parliament, the
    Commission has amended and rearranged its proposal on the nature
    of tenderers with a view to its clarification (Article 22).
23.  In certain service sectors national        regulations prohibit    the
    establishment of service operators as legal persons, only allow
    particular forms of legal persons, or require the owners to be
    members of a particular profession. Such requirements, which are
    of general application, could constitute a major obstacle to the
     liberalization of public procurement of services, for example If
    contracting authorities could reject tenderers from other Member
    States for the sole reason that they are legal persons.
 ---pagebreak---                                      - 10 -
24.  The European Court of Justice has repeatedly stated, notably in
     its   Judgement     of   17.    December     1981   (Webb))< 6 >,    that  the
     provisions of      the Treaty on the freedom           to provide     services
     Imply   that    the  rules    of   the   country    where   the    service  Is
     provided    can   only   be   applied    to    the  provision    of   services
     across frontiers       Insofar as they are Justified          In the public
     Interest, and the subject matter            Is not covered by equivalent
     rules In the country of establishment. Further, the rules of the
     country where the service         Is performed may only be applied to
     cross    frontier      service     activities      Insofar    as    they   are
     proportionate, necessary and appropriate to solve the subject
     matter.
25.   In order to Implement these principles for public procurement of
     services, the proposal contains two provisions:
             In   accordance      with     the    principle     of     home-country
            regulation, status as a natural or a legal person is not,
            of itself, to be a ground for rejection of a bidders;
             the   contracting      authority      is,  however,     permitted    to
            establish the names and qualifications of those who will
            work on a project.
 (h)  Abnormally low tenders
 26.  In accordance with the general approach of the Parliament, the
      Commission has aligned Its provision on abnormally low offers as
      far as possible on the Public Works Direct Ive.
 (6)  Case 279/80, Webb, [1981] ECR 3304.
 ---pagebreak---                                     - 11 -
(I)   Preference schemes
27.  The modified proposal       no   longer contains provisions         covering
     preferential award criteria (Arts 33(3) and 35 of the initial
     proposal).    These    deletions    are    in    line   with   Parliament's
     amendments,     recent    decisions     of     the    European    Court    of
              7
     Justice^ )     and     the    Commission's        views    regarding      the
     compatibility    of   preference    systems with       Article   30 of    the
     Treaty. Further, It Is now clear that the directive will not
     enter with force before 31 December 1992, the date on which the
     provisions of Art 35 would have ceased to apply.
(J)  Statistical reports
28.  Pursuing the objectives of the European Parliament, the amended
     proposal aligns the provisions of Article 35 on those of the
     Public Works Directive       In order to provide a coherent set of
     rules for all types of contracts.
(k)  Non-EC tenders
29.  The  provisions     of   the   Directive     regarding    third    countries
     provide for a combination of erga omnes opening of contracts
     with   a   problem-solving      mechanism     to   deal   with   any    trade
     problems that may arise.
     Thus Article 37 provides, In its paragraphs 1 and 2, for the
     exchange of    information between Member States, Commission and
     Council   regarding relations with third countries in the field
     of public service contracts.
 (7) Case 21/88, Du Pont de Nemours, Judgement of 20.3.1990, not yet
     reported in ECR.
 ---pagebreak---                           - 12 -
Paragraph 3 provides for the Commission to seek to resolve, by
negotiation,  situations  where  Community   undertakings  do  not
receive effective access, national    treatment or most   favoured
natIon status.
Paragraph 4 provides for corrective measures to be taken, as
rapidly as may be necessary, where one of the problems referred
to In paragraph 3 arises.
 ---pagebreak---                                               - 13 -
                                     Amended Proposal for a
                                        COUNCIL DIRECTIVE
                        relating to the coordination of procedures
                         on the award of public service contracts
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European Economic Community,
    and in particular Articles 57(2), 66, 100a and 113 thereof,
    Having regard to the proposal from the Commission,
    In cooperation with the European Par Iiament^ 1 ),
    Having regard to the opinion of the Economic and Social Committee^ 2 ),
    Whereas the European Council has concluded In successive meetings on the
    need to complete the internal market;
    Whereas measures aimed at progressively establishing the Internal market
    during the period up to 31 December 1992 need to be taken; whereas the
    internal market is an area without Internal frontiers in which the free
    movement of goods, persons, services and capital Is ensured;
    Whereas these objectives require the coordination of the procurement
    procedures on thé award of public service contracts;
    Whereas the White Paper on the completion of the internal market contains
    an action programme and a timetable for opening up public procurement
    markets, including in the field of services Insofar as this Is not already
    covered by Council Directive 71/305/EEC of 26 July 1971 concerning the
    coordination of procedures for the award of public works contracts^), as
     last amended by Directive 90/531/EEC (4 >, and Council Directive 77/62/EEC
    of 21 December 1986 coordinating procedures for the award of public supply
    contracts (5) , as last amended by Directive 88/295/EEC (6) ;
    Whereas this Directive should be applied by all contracting authorities in
    the sense of the aforementioned Directives;
    Whereas service providers may be natural or legal persons, without
    prejudice to the national rules of their country of establishment that are
    compatible with the Treaty;
(1)    OJ No c
(2)    OJ No c
(3)    OJ No L 185, 16.08.1971. p. 5
(4)    OJ No L 297, 29.10.1990. p. 1
(5)    OJ No L 13. 15.1.1977, p. 1
(6)    OJ No L 127, 20.5.1988. p. \
 ---pagebreak---                                    - 14 -
Whereas the field of services is best described, for the purpose of
application of procurement rules, and for monitoring purposes, by
subdividing It Into categories corresponding to particular positions of the
Central Product Classification (CPC);
Whereas the provision of services Is covered by this Directive only Insofar
as it is based on contracts; whereas the provision of services on other
bases, such as law or regulations, or employment contracts, is not covered;
Whereas as far as research and development (R&D) is concerned, this
Directive only covers R&D services whose results accrue exclusively to the
contracting authority;
Whereas, in order to ensure coherent award procedures,       public  service
concessions should be covered by this Directive;
Whereas contracts relating to the acquisition or rental of Immovable
property have particular characteristics, which make the application of
procurement rules inappropriate;
Whereas the award of contracts for certain audio-visual services in the
broadcasting    field  is governed    by considerations which     make    the
application of procurement rules Inappropriate;
Whereas arbitration and conciliation services are usually provided by
bodies or individuals which are agreed on, or selected, in a manner which
cannot be governed by procurement rules;
Whereas the financial services sector includes activities in connection
with the application of Instruments of monetary policy; the particular
characteristics of this area require their exclusion from this Directive;
Whereas In the field of services the same derogations as In the
aforementioned Directives should apply, as regards State security or
secrecy and the priority of other procurement rules such as those pursuant
 to international agreements, the stationing of troops, or the rules of
 international organisations;
Whereas this Directive does not prejudice the          application   of,   in
 particular, Articles 55, 56 and 66 of the Treaty;
Whereas the rules concerning service contracts as contained In Council
 Directive 90/531/EEC of 17 September 1990 on the procurement procedures of
 entities operating In the water, energy, transport and telecommunications
 sectors should remain unaffected by this Directive;
 Whereas contracts with a designated single source of supply may        under
 certain conditions be fully or partly exempted from this Directive;
 ---pagebreak---                                          15 -
    Whereas this Directive should not apply to small contracts below a certain
    threshold,    in order    to avoid  unnecessary   formalities; whereas   the
    threshold may in principle be the same as that for public supply contracts;
    whereas the calculation of contract value, the publication and the method
    of adaptation of the thresholds should be the same as in the other
    Community procurement directives;
    Whereas, to eliminate practices that restrict competition In general and
    participation in contracts by other Member States' nationals in particular,
     it is necessary to improve the access of service providers to procedures
    for the award of contracts;
    Whereas full     application of the Directive must be        limited, for a
    transitional period, to contracts for those services where Its provisions
    will enable the full potential for increased cross-frontier trade to be
    realised; whereas contracts for other services need to be monitored for a
    certain period before taking a decision on the full application of the
    Directive; whereas the mechanism for such monitoring needs to be set up by
     the Directive; whereas it should at the same time enable those interested
     to share the relevant information;
    Whereas the rules for the award of public service contracts should be as
    close as possible to those concerning public supply contracts and public
    works contracts;
    Whereas the     procurement rules contained in Directives 71/305/EEC and
    77/62/EEC can be applied, with necessary adaptations so as to take into
    account special aspects of procurement of services such as the choice of
     the negotiated procedure, design contests, variants, the legal form under
    which the service providers operate, the reservation of certain activities
     to certain professions, registration and quality assurance matters;
    Whereas use may be made of the negotiated procedure with prior publication
    of a notice when the service to be provided cannot be specified with
    sufficient precision, particularly In the field of Intellectual services,
    with the result that the contract cannot be awarded by selection of the
    best tender in accordance with the rules governing the open and restricted
    procedures;
    Whereas the relevant Community rules on mutual recognition of diplomas,
     certificates or other evidence of formal qualifications apply when evidence
    of a particular qualification is required for participation in an award
     procedure or a design contest;
    Whereas the objectives of this Directive do not require any changes in the
     current state at national level, as regards the admission, or regulation,
    of price competition between service providers of certain services;
    Whereas   contracting authorities must be able to reject tenders which,
     because  they are based on State aids, are unreliable; whereas tenders
(3)
 ---pagebreak---                                    - 16 -
which are submitted by public bodies may     create the risk of distortions
of competition when they are influenced by the availability of public
financing; whereas    contracting   authorities   shall,  under   particular
conditions, inform the Commission of their attitude towards such tenders;
whereas this Directive does not prejudice the application of Articles 92 et
seq. of the Treaty;
Whereas Community undertakings should be granted access to the award of
public service contracts and concessions        In non-Community countries;
whereas negotiations may be Initiated to that effect when such access, in
 law or in fact, is found to be restricted; whereas the possibility should
exist under certain conditions to take measures as regards access,by
untertakings originating In the non-Community country concerned, to public
service contracts and concessions awarded by the contracting authorities
who are subject to this Directive;
Whereas the operation of this Directive should be reviewed at the latest
three years after the date for compliance of national procurement rules;
whereas the review should extend In particular to the possibility of making
the Direct Ive fully applicable to a wider range of service contracts;
HAS ADOPTED THIS DIRECTIVE:
 ---pagebreak---                                                 17 -
                                             TITLE 1
                                       General provisions
                                            Article 1
    For the purpose of this Directive:
    (a)   "public service contracts" are contracts for pecuniary              interest
         concluded in writing between a service provider and a contracting
         authority, which are not
          (i)        public supply contracts within the meaning of Article 1(a) of
                     Directive 77/62/EEC or public works contracts within the
                    meaning of Article 1(a) of Directive 71/305/EEC;
          (ii)       contracts     for   the acquis it Ion or rental, by whatever
                     financial means, of land, existing buildings, or other
                     immovable       property     or  concerning    rights    thereon-,
                     nevertheless, financial service contracts (leasing, loans,
                     leasing or hire purchase contracts, with or without option to
                     buy) concluded at the same time as, before or after, the
                     contract of acquisition or rental, In whatever form, shall be
                     subject to this Directive-,
          (Mi)       contracts for the acquisition of programme material by
                     broadcasters      within    the meaning  of   Council   Directive
                     89/552/EEC ( 7 ) , and contracts for broadcasting time;
          (iv)       contracts for voice telephony, telex, radiotelephony, paging
                     and satellite services;
          (v)        contracts for arbitration and conciliation services;
          (vi)       public service concessions in the sense of point (h);
          (vii)      contracts concerning primary issues of government bonds and
                     other activities In the area of public debt management;
          (vill)     contracts awarded by contracting entities within the
                     meaning of Article 2(1) of Directive 90/531/EEC which
                     correspond at the same time to the definition of contracting
                     authorities pursuant to article K b ) of this Directive;
    (b)   "contracting authorities" (hereafter "authorities") shall be the
          State, regional or local authorities, bodies governed by public law,
          associations formed by one or several of such authorities or bodies
          governed by public law and all other bodies listed In Annex I to
          Directive 80/767/EEC.
          A body governed by public law means any body:
          -   established for the specific purpose of meeting needs in the
              general Interest, not having an Industrial or commercial character,
              and
(7)   0J No L 298. 17.10.1989. p. 23
 ---pagebreak---                                     - 18 -
     -   having legal personality, and
     -   financed, for the most part, by the State, or regional or local
        authorities, or other bodies governed by the public law; or
        subject to management supervision by those bodies; or having 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.
The lists of bodies or of categories of such bodies governed by public law
which fulfil the criteria referred to In the second subparagraph are set
out In Annex I to Directive 71/305/EEC.
(c)  "Service providers" are natural or legal persons, Including public
     bodies which offer services. A service provider 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";
(d)  "open procedures" are those national procedures whereby all Interested
     service providers may submit a tender;
(e)  "restricted procedures" are those national procedures whereby only
     those service providers invited by the authority may submit a tender-,
(f)  "negotiated    procedures"  are   those national    procedures   whereby
     authorities consult service providers of their choice and negotiate
     the terms of the contract with one or more of them;
 (g) "design contests" are those national procedures which aim at providing
     the authority with a plan or design, mainly in the fields of area
     planning, town planning, architecture and civil engineering, or data
     processing, and which are selected by a jury on the basis of
     competition with or without the award of prizes;
 (h) a "public service concession" is a contract other than a public works
     concession    within   the  meaning of   Article   1(d) of     Directive
     71/305/EEC, concluded between an authority and another entity of Its
     choice whereby the former transfers the execution of a service to the
     public lying within its responsibility to the latter and the latter
     agrees to provide the activity in return for the right to exploit the
     service or this right together with payment, if the concession
     contract covers even partially either the Implementation or the joint
      Implementation and design of works in connection with one of the
     activities referred to In Annex II of Directive 71/305/EEC or the type
     of work defined in Article 1(c) of Directive 71/305/EEC or the
     carrying out, by whatever means, of work    in accordance with precise
     specifications laid down by the contracting authority, only Directive
     71/305/EEC shall apply, even If the contract falls partly within the
     definition of a public service concession.Contracts for the award of
     rights to perform broadcasting activities are excluded from this
     defInition.
 ---pagebreak---                                         - 19
                                     Article 2
If a public contract is intended to cover both products within the meaning of
Directive 77/62/EEC and services within the meaning of Annexes IA and IB of
this Directive, it shall fall within the scope of this Directive If the value
of the services In question exceeds that of the products covered by the
contract.
                                     Article 3
1.     Member    States shall   take the necessary measures to ensure that
       authorities comply with this Directive when they award public service
       contracts or public service concessions, or hold design contests.
2.     Authorities shall ensure that         there  Is  no   discrimination   between
       different service providers.
3.     Member States shall take the necessary measures to ensure that the
       authorities comply or ensure compliance with this Directive where they
       subsidize directly by more than 50% service contracts awarded by an
       entity other than themselves in connection with works contracts to
       which Article 1a(2) of Directive 71/305/EEC relates.
                                     Article 4
 1.    Where the authorities Intend to award a public service concession, the
       advertising rules set out In Article 16(3), Article 17 (1) and (2) and
       Article 18 shall apply when the value of the concession, defined as the
       concessionaire's turnover      In carrying out the contract, equals or
       exceeds ECU 200.000 a year, excluding VAT.
 2.    Where authorities intend to award a concession, they may
       -   either require the concessionaire to award contracts representing a
           minimum of 30% of the total value of the services for which the
           concession is to be awarded, to third parties, at the same time
           providing the option for candidates to Increase this percentage. This
           minimum percentage shall be specified In the concession contract,
        -  or request the candidates for a concession to specify in their
           tenders the percentage, if any, of the total value of the concession
           which they intend to assign to third parties.
 3.    When    a   concessionaire   is an     authority    within   the  meaning   of
       Article K b ) , it shall comply, inc the award of contracts to third
        parties, with the provisions of:
       - this Directive in the case of service contracts;
       - Directive 77/62/EEC In the case of supply contracts;
       - Directive 71/305/EEC In the case of works contracts.
 ---pagebreak---                                             - 20 -
    4.    When a concessionaire Is not an authority within the meaning of
          Article K b ) , or a contracting entity within tfie meaning of Article 2
          of Directive 90/531/EEC, Member States shall take the necessary steps
          to ensure that It shall comply, In the award of contracts to third
          parties, with the provisions of:
          -   the advertising rules as set out in Articles 17, 18 and 19 of this
              DirectIve In the case of service contracts listed in Annex IA, when
              the value of the contract exceeds the thresholds fixed In Article
              8(1), and unless the conditions of Article 12(3) apply;
          -   the advertising rules as set out In Articles 9 to 16 of Directive
              77/62/EEC In the case of supply contracts, when the value of the
              contract exceeds the thresholds fixed in Article 5(1) (a) and
              unless the conditions of Article 6(4) of that Directive apply;
          -   the advertising rules as set out in Articles 12 to 19 of
              Directives 71/305/EEC In the case of works contracts, when the
              value of the contract exceeds the thresholds fixed In Article 4a
              and unless the conditions of Article 5(3) of that Directive apply.
          Undertakings which have formed a group in order to obtain the
          concession, or undertakings affiliated to them, shall not be regarded
          as third parties within the meaning of paragraph 4 under the
          conditions specified in Article 1b(4) of Directive 71/305/EEC.
                                         Article 5
    1.    This     Directive     shall apply    to service   contracts   awarded   by
          authorities In the field of defence, except for contracts to which the
          provisions of Article 223 of the Treaty apply.
    2.    This Directive shall not apply to services which are declared secret
          or the execution of which 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
                                          Article 6
    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 services
           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 (8) ;
     (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 organisation.
(8)    0J No L 185, 16.8.1971. p. 15
 ---pagebreak---                                              - 21 -
                                          Article 7
 The provisions of this Directive shall not apply to the award of public service
 contracts which authorities have to award to an entity which is Itself a
  contracting authority within the meaning of Article K b ) pursuant to an
 exclusive right established by a published law, regulation or administrative
  provision which is compatible with the Treaty.
                                          Article 8
  1.      The provisions of this Directive shall apply to service contracts whose
          estimated value net of VAT       Is not less than ECU 200.000 or, in the case
          of     the contracting     authorities     Included  In Annex   I to Council
          Directive 80/767/EEClM), ECU 130.000.
  2.      For the purposes of calculating the estimated value of the contract, the
          authority shall Include the estimated total remuneration of the service
          provider, taking account of the provisions of paragraphs 3 to 8.
  3.      The selection of the valuation method shall not be used with the
           intention of avoiding the application of this Directive, nor shall any
          procurement requirement for a given amount of services be split up with
           the intention of avoiding the application of this Article.
  4.       In assessing the estimated contract value for the following          types of
           services account shall be taken of, where appropriate:
          -    as regards Insurance services, the premium payable-,
           -   as regards banking and other financial services, fees,         commissions
               and Interests as well as other types of remuneration;
           -   as regards     contracts which    Involve  design, the fee  or  commission
               payable.
  Where the services are subdivided into several lots, each one the subject of a
  contract, the value of each lot must be taken into account for the purpose of
  calculating the amount referred to above. Where the value of the lots is not
   less than the amount referred to above, the provisions of this Directive shall
  apply to all lots. Authorities shall be permitted to depart from the provisions
  of paragraph 1 for lots which have an estimated value net of VAT of less than
  ECU 80.000, provided that the total estimated value of all the lots exempted
  does not, in consequence, exceed 20% of the total estimated value of all lots.
  5.        In the case of contracts which do not specify a total price, the basis
           for calculating the estimated contract value shall be:
                in the case of fixed term contracts, the total contract value for its
               durât Ion;
                in the case of the 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.
(9)    0J No L 215. 18.8.1980. p. 1
 ---pagebreak---                                   - 22 -
6. In the case of regular 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 for the same
       categories of services awarded 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 performance or during the term of the contract, where this is
       greater than 12 months.
7. In cases where a proposed contract specifies option clauses, the basis
   for calculating the contract value shall be the highest possible total
    inclusive of the option clauses.
8. The value of the thresholds In national currencies shall be revised
   every two years with effect from 1 January 1994. The calculation of
   these values 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.
   The method of calculation referred to In the preceding subparagraph
   shall be examined, on the Commission's Initiative, within the Advisory
   Committee for Public Contracts In principle two years after its
    initial applicat ion.
 ---pagebreak---                                           - 23 -
                                        TITLE 1 1
                                  Two-tier application
                                        Article 9
    Contracts which have as their object services listed In Annex       IA shall  be
    awarded in accordance with the provisions of Titles III to VI.
                                       Article 10
    Contracts which have as their object services      listed  in Annex IB shall  be
    awarded in accordance with Articles 16 and 18.
                                       Article 11
    Contracts which have as their object services listed In both Annexes IA and IB
    shall be awarded in accordance with the provisions of Titles III to VI where
    the value of the services listed in Annex IA Is greater than the value of the
    services listed In Annex IB. Where this is not the case, they shall be awarded
    in accordance with Articles 16 and 18.
                                       TITLE    III
                Choice of award procedures; and rules on design contests
                                       Article 12
            In awarding public service contracts the authorities shall apply the
           procedures defined In Article 1 (d), (e) and (f), adapted to this
           Direct ive.
           The authorities may award their public service contracts by negotiated
           procedure, with prior publication of a tender notice in the following
           cases:
            (a)   in the event of irregular tenders in response to an open or
                  restricted procedure or in the event of tenders which are
                  unacceptable under national provisions that are in accordance with
                  the provisions of Articles 19 to 24, Insofar as the original
                  terms of the contract are not substantially altered. The authority
                  need not publish a tender notice where it includes in such
                  negotiated procedure all the tenderers satisfying the criteria of
                  Articles 25 to 31 which, during the prior open or restricted
                  procedure, have submitted tenders in accordance with the formal
                  requirements of the tendering procedure;
            (b)   in exceptional cases, when the nature of the services or the risks
                  attaching thereto do not permit overall pricing-,
(4)
 ---pagebreak---                                     - 24 -
   (c)    when the nature of the services to be procured, in particular In
          the case of Intellectual services and services falling within
          category 6 of Annex IA, Is such that contract specifications
          cannot be established with sufficient precision to permit the
          award of the contract by selecting the best tender according to
          the rules governing open or restricted procedures.
3. The authorities may award public service contracts by negotiated
   procedure without prior publication of a tender notice, in the
   fol lowing cases:
   (a)    in the absence of tenders or of appropriate tenders in response
          to an open or restricted procedure Insofar as the original terms
          of the contract are not substantially altered and provided that
          a report is communicated to the Commission at its request;
   (b)    when, for technical or artistic reasons, or for reasons
          connected with the protection of exclusive rights, the services
          may only be provided by a particular service provider.
   (c)    when the contract concerned is part of the follow-up to a design
          contest and must, according to the relevant national rules, be
          awarded to one of the winners of that contest provided that al 1
          the winners are Included In the procedure;
    (d)    Insofar as Is strictly necessary when, for reasons of extreme
          urgency    brought    about   by events  unforeseeable   by  the
          authorities In question, the time-limit for the open, restricted
          or negotiated procedures referred to in Article 18 cannot be
          kept. The circumstances Invoked to Justify extreme urgency must
          not in any event be attributable to the authorities;
    (e)   for additional services not Included in the project initially
          considered or In the contract first concluded but which have,
           through unforeseen circumstances, become necessary for the
          carrying out of the service described therein, on condition that
           the award is made to the service provider carrying out such
          service;
          -   when such services cannot be technically or economically
              separated from the main contract without great inconvenience
              to the author it les;
          -   or when such services, although separable from the execution
              of the original contract, are strictly necessary for Its
              later stages.
          However, the aggregate estimated value of contracts awarded for
          additional services may not exceed 50% of the amount of the main
          contract ;
 ---pagebreak---                                   - 25 -
   (f)    for new services consisting of the repetition of similar
          services entrusted to the service provider to which the same
          authorities awarded an earlier contract, provided that such
          services conform to a basic project for which a first contract
          was awarded according to the procedures referred to In paragraph
          4. As soon 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 services shall be taken Into
          consideration by the authorities when they apply the provisions
          of Article 8. This procedure may be applied solely during the
          three years following the conclusion of the original contract.
4. In all other cases, the authorities shall award their public service
   contracts by the open procedure or by the restricted procedure.
                               Article 13
1. The authority shall, within 15 days of the date on which the request
   is received, Inform any eliminated candidate or tenderer who so
   requests in writing of the reasons for rejection of his application or
   his tender, and, In the case of a tender, the name of the successful
   tenderer.
2. The authority shall inform candidates or tenderers who so request In
   writing of the grounds on which it decided not to award a contract In
   respect of which a prior call for competition was made, or to
   recommence the procedure. It shall also Inform the Office for
   Official Publications of the European Communities of that decision.
3. For each contract awarded the authorities shall draw up a written
   report which shall Include at least the following:
       its name and address, the subject and value of the contract;
   -   the names of the candidates or tenderers admitted and the reasons
       for their selection;
   -   the names of the candidates or tenderers rejected and the reasons
       for their rejection-,
   -   the name of the successful tenderer and the reasons for his tender
       having been selected and, if known, any share of the contract the
       successful tenderer may intend to subcontract to a third party;
   -   for negotiated procedures, the circumstances referred to In Article
       12 which justify the use of these procedures.
   This report, or the main features of it, shall be communicated to the
   Commission at its request.
 ---pagebreak---                                    26 -
                              Article 14
Design contests     shall be subject to the rules set out below. When
design contests     are held as a separate procedure, these rules are
applicable only    when the total amount of contest prizes and payments
to participants    is not less than ECU 200 000.
The admission of participants to design contests shall not be limited
by reference to the territory or part of the territory of a Member
State.
In the case of design contests with a limited number of participants,
authorities shall apply the rules laid down in Article 23.
The jury shall be composed only of persons who have no financial
connections or special relationships with participants in the contest.
Whenever a particular professional qualification is required from
participants in a contest, the majority of the jury members shall have
the same qualifications.
The Jury shall be autonomous in Its decisions. It shall take its
decisions based on projects presented In an anonymous way, and solely
on the grounds of the criteria Indicated in the invitation for
projects in the sense of Annex IV.
Member States may oblige authorities to award subsequent contracts to
one of the winners of a design contest.
           TITLE iV - Common rules In the technical field
                              Article 15
The technical specifications defined in Annex II shall be given in
the general documents or the contractual documents relating to each
contract.
Without prejudice to the legally binding national technical rules and
 insofar as these are compatible with Community law, such technical
specifications shall be defined by the authorities by reference to
national standards implementing European standards or by reference to
European technical approvals or by reference to common technical
specif I cat Ions.
An authority may depart from paragraph 2 if:
a) the standards, European technical approvals or common technical
    specifications do not include any provisions for establishing
    conformity, or technical means do not exist for establishing
    satisfactorily the conformity of a product to these standards,
    European technical approvals or common technical specifications;
 ---pagebreak---                                               - 27 -
          b) the application of paragraph 2 would prejudice the application of
              Council Directive 86/361/EEC of 24 July 1986 on the initial stage
              of the mutual recognition of type approval for telecommunications
              terminal     equipment^ 10 ), or Council Decision 87/95/EEC of 22
              December 1986 on standardisation In the field of Information
              technology       and    telecommunlcations^11 )    or    other   Community
               Instruments in specific service or product areas;
          c) use of these standards, European technical approvals or common
              technical specifications would oblige the authority to acquire
              products or materials incompatible with equipment already in use or
              would entail disproportionate costs or disproportionate technical
              difficulties, but only as part of a clearly defined and recorded
              strategy with a view to change-over, within a given period, to
              European      standards,    European    technical   approvals  or    common
              technical specifications;
          d) the project concerned Is of a genuinely innovative nature for which
              use of existing European standards, European technical approvals or
              common technical specifications would not be appropriate.
    4.    Authorities invoking paragraph 3 shall record, wherever possible, the
          reasons for doing so in the tender notice published In the Official
          Journal of the European Communities or in the contract documents and
           in all      cases    shall    record   these   reasons   in their     Internal
          documentation and shall supply such information on request to Member
          States and to the Commission.
    5.     In the absence of European standards or European technical approvals
          or common technical specifications, the technical specifications:
           (a)    shall be defined by reference to the national                technical
                  specifications       recognised    as   complying   with   the    basic
                  requirements listed In the Community directives on technical
                  harmonisation, In accordance with the procedures laid down In
                  those directives, and In particular In accordance with the
                  procedures laid down In Council Directive 89/106/EEC( 12 );
           (b)    may be defined by reference to national technical specifications
                  relating to design and method of calculation and execution of
                  works and use of materials;
           (c)    may be defined by reference to other documents.
                   In this case, it Is appropriate to make reference         in order of
                  preference to:
                     (I) national standards Implementing international          standards
                          accepted by the country of the authority-,
(10)   OJ No L 217. 5.8.1986. p. 21
(11)   OJ No L 36. 7.2.1987. p.31
(12)   OJ No L 40. 11.2.1989. p. 12
 ---pagebreak---                               - 28 -
       (il) other national standards and national technical  approvals
            of the country of the authority;
      (ill) any other standard.
Unless it is Justified by the subject of the contract, Member States
shall prohibit the introduction into the contractual clauses relating
to a given contract of technical specifications which mention products
of a specific make or source or of a particular process and which
therefore favour or eliminate certain undertakings. In particular,
the Indication of trade marks, patents, types, or of specific origin
or production shall be prohibited. However, If such indication is
accompanied by the words "or equivalent", it shall be authorised in
cases where the authorities are unable to give a description of the
subject of the contract using specifications which are sufficiently
precise and intelligible to all parties concerned.
 ---pagebreak---                                   - 29 -
                                 TiTLE V
                        Common Advertising rules
                                Article 16
1. Authorities shall make known, by means of an Indicative notice to be
   published as soon as possible after the beginning of their budgetary
   year, the Intended total procurement In each of the service categories
   listed In Annex IA which they envisage awarding during the coming 12
   months where the total estimated value, taking account of the
   provisions of Article 8, is equal to or greater than ECU 750 000.
2. Authorities who wish to award a public service contract by open,
   restricted or, under the conditions laid down In Article 12,
   negotiated procedure, shall make known their intention by means of a
   not ice.
3. Authorities who wish to award a public service concession shall make
   known their intention by means of a notice.
4. Authorities who wish to carry out a design contest shall make known
   their intention by means of a notice.
                                Article 17
1. Authorities who have awarded a contract or a public service
   concession, or which have held a design contest shall send a notice
   of the results of the award procedure to the Office for Official
   Publication of the European Communities.
2.  In cases of public service contracts for services listed in Annex IA,
   public service concessions and design contests, the notice shall be
   published In accordance with the provisions referred to in Article 18.
3. In the case of public service contracts for services listed In Annex
   IB, the authorities shall indicate In the notice whether they agree on
    Its publ(cat ion.
4. The Commission shall draw up the rules for establishing regular
   reports on the basis of the notices referred to in paragraph 3, and
   for the publication of such reports in accordance with the procedure
    laid down in Article 36(3).
5.  Insofar as release of information on the contract award would Impede
    law enforcement or otherwise be contrary to the public interest or
   would prejudice the legitimate commercial Interests of a particular
   enterprise, public or private, or might prejudice fair competition
   between service providers, such Information may not be published.
 ---pagebreak---                                - 30 -
                             Article 18
The notices shall be drawn up In accordance with the models set out In
Annexes III, IV and V, and shall specify the Information requested In
those models. The authorities may not require any conditions but
those specified In Articles 27 and 28 when requesting information
concerning the economic and technical standards which they require of
service providers for their selection (Point 13 of Annex 1 M B , point
12 of Annex I M C , and point 11 of Annex III D ) .
The following provisions of Directive 71/305/EEC shall apply:
   (I) Article 12(6) and (8) to (13) concerning publication of notices;
  (II) Articles 13 to 15 concerning minimum tlme-llmlts for the phases
       of award procedures and communications between authorities and
       candidates;
(III) Articles 15a and 15b concerning minimum time-limits for the
       award of public service concessions and contracts to be awarded
       by concessionnaires;
  (iv) Article 19 concerning voluntary publication of notices     in the
       Official Journal of the European Communities.
The conditions     for  the establishment, transmission,      reception,
translation, accumulation and distribution of the notices    referred to
 in paragraphs 1 and 2 and in Articles 16 and 17,           and of the
statistical reports provided for In Articles 17(4) and       35 and the
reference in the notices to particular CPC positions         within the
categories of services listed In Annexes IA and IB may be    modified in
accordance with the procedure laid down in Article 36(3).
 ---pagebreak---                                     - 31 -
                                   TITLE VI
                                  Chapter 1
                        Common rules on participation
                                 Article 19
Contracts shall be awarded on the basis of the criteria laid down in
Chapter 3, taking into account Article 20, after the suitability of the
service providers not excluded under Article 25 has been checked by the
authorities in accordance with the criteria referred to In Articles 27 and
28.
                                  Article 20
1.   Where the criterion for the award of the contract Is that of the
     economically most advantageous tender, authorities may take account
     of variants which are submitted by a tenderer and meet the minimum
     specifications required by the authorities. The author It les shal I
     state in the contract documents the minimum specifications to be
      respected by the variants and any specific requirements for their
     presentation. They shall      Indicate In the tender notice whether
     variants will be considered.
     Authorities may not reject the submission of a variant on the sole
     grounds that It has been drawn up with technical specifications
      defined by reference to national standards transposing European
      standards, to European technical approvals or to common technical
     specifications referred to In Article 15(2) or again by reference to
     national technical specifications referred to in Article 15(5) (a) and
      (b).
     Authorities which have admitted variants pursuant to paragraph 1 may
      not reject a variant on the sole grounds that it would lead, if
      successful, to a supply contract rather than a public service contract
     within the meaning of this Directive.
                                  Article 21
      In the contract documents, the authority may ask the tenderer to
      indicate in his tender any share of the contract he may intend to sub-
     contract to third parties.
     This indication shall be without prejudice     to the question of   the
     principal service provider's liability.
 ---pagebreak---                                   - 32 -
                               Article 22
1. Tenders may be submitted by groups of service providers. These groups
   may not be required to assume a specific legal form In order to submit
   the tender; however, the group selected may be required to do so when
   It has been awarded the contract.
2. Candidates or tenderers, who under the law of the Member State In
   which they are established, are entitled to carry out the relevant
   service activity, shall not be rejected on the sole grounds that,
   under the law of the Member State In which the contract Is awarded,
   they would have been required to be either a natural or a legal
   person.
3. Legal persons may be required to indicate In the tender or the request
   for participation the names and relevant professional qualifications
   of the staff to be responsible for the performance of the service.
                               Article 23
1.  In restricted and negotiated procedures the authorities shall, on the
   basis of information given relating to the service provider's position
   as well as to the information and formalities necessary for the
   evaluation of the minimum conditions of an economic and technical
   nature to be fulfilled by him, select from among the candidates with
   the qualifications required by Article 25 to 31 those whom they will
    invite to submit a tender or to negotiate.
2. Where the authorities award a contract by restricted procedure, they
   may prescribe the range within which the number of providers of
   services which they Intend to invite will fall. In this case the
    range shall be indicated In the contract notice. The range shall be
   determined in the light of the nature of the service to be provided.
   The range must number at least five service providers and may be up to
    twenty.
    In any event, the number of candidates invited    to tender  shall  be
    sufficient to ensure genuine competition.
3. Where the authorities award     a contract by negotiated procedure as
    referred to In Article 12,      the number of candidates admitted to
   negotiate may not be less      than three, provided that there is a
    sufficient number of suitable  candidates.
4.  Each Member State shall ensure that authorities issue invitations
   without discrimination to those nationals of other Member States who
   satisfy the necessary requirements and under the same conditions as to
    its own nat ionais.
 ---pagebreak---                                     - 33 -
                                 Article 24
     The authority may state In the contract documents, or be obliged by a
     Member State to do so, the authority or authorities from which a
     candidate may obtain the appropriate information on the obligations
     relating to the employment protection provisions and the working
     conditions which are In force In the Member State, region or locality
     In which the services are to be performed and which shall be
     applicable to the services provided on site during the performance of
     the contract.
     The authority which supplies the Information referred to In paragraph
     1 shall request the tenderers or those participating in the contract
     procedure to indicate that they have taken account, when drawing up
     their tender, of the obligations relating to employment protection
     provisions and the working conditions which are in force in the place
     where the service is to be carried out. This shall be without
     prejudice to the application of the provisions of Article 33
     concerning the examination of abnormally low tenders.
                                  CHAPTER 2
                     Criteria for qualitative selection
                                 Article 25
Any service provider may be excluded      from participation In the contract
who:
(a)   is bankrupt or Is being wound up, whose affairs are being administered
     by the court, who has entered into an arrangement w[th creditors, who
     has suspended business activities or who is In any analogous situation
     arising from a similar procedure under national laws and regulations;
(b)   is the subject of proceedings for a declaration of bankruptcy, for an
     order for compulsory winding up or administration by the court or for
     an arrangement with creditors or of any other similar proceedings
     under national laws or regulations-,
(c)  has been convicted of an offence concerning his professional conduct
     by a Judgement which has the force of res Judicata;
(d)  who has been guilty of grave professional misconduct proven      by any
     means which the authorities can Justify-,
(e)  has not fulfilled obligations relating to the payment of social
     security contributions In accordance with the legal provisions of the
     country in which he Is established or with those of the country of the
     author ity;
(f)  has not fulfilled obligations relating to the payment of taxes In
     accordance with the legal provisions of the country of the authority;
(g)   is guilty of serious misrepresentation In supplying or failing      to
     supply the information that may be required under this chapter.
 ---pagebreak---                                      - 34 -
Where the authority requires of the service provider proof that none of the
cases quoted in (a), (b), (c), (e), or (f) appiles to him; It shall accept
as sufficient evidence:
     for (a), (b), or (c), the production of an extract from the 'judicial
     record' or, failing this, of an equivalent document Issued by a
     competent judicial or administrative authority in the country of
     origin or In the country whence that person comes showing that these
     requirements have been met,
     for (e) or (f), a certificate      Issued by the competent  authority  in
     the Member State concerned.
Where the country concerned does not issue such documents or certificates,
they may be replaced by a declaration on oath made by the person concerned
before a Judicial or administrative authority, a notary or a competent
professional or trade body, in the country of origin or in the country
whence that person comes.
Member states shall, within the time-limit referred to        in Article 40,
designate the authorities and bodies competent to issue these documents and
shall forthwith inform the other Member States and the Commission thereof.
                                   Article 26
1.    Insofar as candidates for a public contract have to possess a
     particular authorisation or to be members of a particular organisation
      in their home country in order to be able to perform the service
     concerned, the authority may require them to prove that authorisation
     or membership.
2.   Any candidate or tenderer may be requested to prove his enrollment, as
     prescribed in his country of establishment, In one of the professional
     or trade registers or to provide a declaration or certificate as
      described in paragraph 3 below.
3.    The relevant professional     and  trade registers or  declarations   or
      cert IfIcates are:
          in Belgium, the "registre du commerce - Handelsreglster" ;
          in Denmark, the "Erhvervs- og Selskabsstyrelsen", (the "Aktiesel-
         skabsregistret"; "Forenings-Registret", or "Handelsregistret") ;
          in Germany, the "Handelsregister" and the "Handwerksrolle";
          in Greece, a declaration on the exercise of the           profession
         concerned made on oath before a notary may be required;
      -   in Spain, the "Registro Oficial de Contratlstas del Minlsterio de
          Industrla y Energla" ;
          in France,  the  "registre  du commerce",  and the  "répertoire  des
         metlers";
 ---pagebreak---                                     - 35 -
   -    In Italy, the "Reglstro della Camera dl commerclo, Industrla,
       agricoltura e artigianato" or the "Reglstro del le commlsslonl
       provincial I per l'art Igianato" -,
   -    In Luxembourg, the "registre       aux firmes" and   the "rôle  de  la
       Chambre des métiers";
   -    in The Netherlands, the "Handelsregister";
   -    in Portugal, the "Commlssâo de Alvarâs de Empresas de Obras
       Pûbllcas e PartIculares" (CAEOPP) or the "Reglstro naclonal das
       Pessoas Colectivas";
   -    in the United Kingdom and Ireland, the service provider may be
       requested    to provide a certificate        from the "Registrar of
       Companies" or the "Registrar of Friendly Societies" or, if he is
       not so certified, a certificate stating that the person concerned
       has declared on oath that he is engaged in the profession in
       question in the country in which he is established in a specific
       place under a given business name.
                                 Article 27
1. Proof of the service provider's financial and economic standing may,
   as a general rule, be furnished by one or more of the following
   references:
   (a)     appropriate statements from banks or         evidence of   relevant
           professional risk Indemnity Insurance,
   (b)     the presentation of the service provider's balance sheets or
           extracts therefrom, where publication of the balance sheets Is
           required under company law in the country in which the service
           provider is established,
    (c)    a statement of the undertaking's overall turnover          and Its
           turnover In respect of the services to which the           contract
           relates for the three previous financial years.
2. The authorities shall specify in the notice or In the Invitation to
    tender which reference or references they have chosen and which
    references other than those mentioned under paragraph 1 are to be
    produced.
3.  If, for any valid reason, the service provider is unable to provide
    the references requested by the authority, he may prove his economic
    and financial standing by any other document which the authority
    considers appropriate.
                                  Article 28
1.  The ability of service providers to perform services may be evaluated
    In particular with regard to their skills, efficiency, experience and
    reliablIity.
2.  Evidence of the service provider's technical capability may be
    furnished by one or more of the following means according to the
    nature, quantity and purpose of the services to be provided:
 ---pagebreak---                                     - 36 -
     (a)   the     service   provider's    educational   and    professional
           qualifications and/or those of the firm's managerial staff, and
           in particular, those of the person or persons responsible for
           performing the services;
     (b)   a list of the principal services provided In the past three
           years, with the sums, dates and recipients, public or private,
           of the services performed;
           *   where provided to authorities, evidence to be In the form of
               certificates   Issued or countersigned    by   the   competent
               author ity;
           *   where provided    to private purchasers, delivery        to be
               certified by the purchaser or, failing this, simply declared
               by the service provider to have been effected;
     (c)   indication of the technicians or technical bodies         involved,
           whether or not belonging directly to the service         provider,
           especially those responsible for quailty control ;
     (d)   a statement of the service provider's average annual manpower
           and the number of managerial staff for the last three years;
     (e)   a statement of the tool, plant or technical equipment available
           to the service provider for carrying out the services;
     (f)   a description of the service provider's measures     for ensuring
           quality, and his study and research facilities;
     (g)   where the services to be provided are complex or, exceptionally,
           are required for a special purpose, a check carried out by the
           authority or on its behalf by a competent official body of the
           country In which the service provider Is established, subject to
           that body's agreement, on the technical capacities of the
           service provider and, If necessary, on his study and research
           facilities and quality control measures;
     (h)    indication of the share of the contract      which   the   service
           provider may intend to sub-contract;
3.   The authority shall specify, in the notice or     in the  Invitation to
     tender, which references It wishes to receive.
4.   The extent of the Information referred to In Article 27 and paragraphs
     1 to 3 of this Article must be confined to the subject of the
     contract. Authorities shall take Into consideration the legitimate
     Interests of the service providers as regards the protection of their
     technical or trade-related secrets.
                                  Article 29
Should authorities require the production of certificates drawn up by
independent bodies for attesting conformity of the provider of services to
certain quality assurance standards, they shalI refer to quaMty assurance
systems based on the relevant EN 29000 European standards series certified
 ---pagebreak---                                     - 37
by bodies conforming      to the EN 45000 European Standards series.
Authorities shall     recognise   equivalent   certificates    from   bodies
established in other Member States. They shall also accept other evidence
of equivalent quality assurance measures from service providers who have
no access to such certificates, or no possibility of obtaining them within
the relevant time limits.
                                 Article 30
Within the limits of Articles 25 to 28, the authority may Invite the
service providers to supplement the certificates and documents submitted or
to clar ify them.
                                 Article 31
1.   Member States who have official lists of recognised service providers
     must adapt them to the provisions of Articles 25(a) to (d) and (g) and
     of Articles 26 to 28.
2.   Service providers registered in these lists may, for each contract,
     submit to the authority a certificate of registration issued by the
     competent authority. This certificate shall state the references
     which enabled them to be registered In the list and the classification
     given in this list.
 3.  Certified registration in such lists by the competent bodies shall,
      for the authorities of other Member States, constitute a presumption
     of suitability corresponding to the service provider's classification
     only as regards Articles 25(a) to (d) and (g), 26, 27(b) and (c) and
      28(a).
      Information which can be deduced from registration In official lists
     may not be questioned. However, with regard to the payment of social
      security contributions, an additional certificate may be required of
      any registered service provider whenever a contract is offered.
     The authorities of other Member States shall apply the above
      provisions only In favour of service providers who are established In
      the country holding the official list.
 4.  When registering providers of services from other Member States on
      such a list, no proof or statement can be required In addition to
      those required of national providers of services and, in any case,
      none in addition to those required in Articles 25 to 29.
 5.   Those Member States that have official lists shall be obliged to
      Inform the other Member States of the address of the body to which
      applications for registration should be sent.
                                  CHAPTER 3
                     Criteria for the award of contracts
                                  Article 32
 1.   Without prejudice to national      law, regulation or administrative
      provision on the remuneration of certain services, the criteria on
      which the authority shall base the award of contracts may be:
 ---pagebreak---                                  - 38 -
(a)    when the award Is made to the economically most advantageous
       tender, various criteria relating to the contract: for example,
       quality,      technical    merit,     aesthetic     and   functional
       characteristics, technical assistance and service, delivery
       date, delivery period or period of completion, price, or
(b)    the lowest price only.
Where the contract        is to be awarded to the economically most
advantageous offer, authorities shall state in the contract documents
or In the tender notice the award criteria which they intend to apply
and, If possible, the intended ranking or weighting which they intend
to use.
                               Article 33
 If, for a given contract, tenders appear to be abnormally low in
relation to the transaction, before it may reject those tenders the
authority shall request, In writing, details of the constitutent
elements of the tender which It considers relevant and shal I ver ify
those const    I tuent elements taking account of
         constituent                                       the explanations
received.
The authority may take Into consideration explanations which are
Justified on objective grounds Including the economy of the service
method, or the technical solutions chosen, or the exceptionally
favourable conditions available to the tenderer for the provision of
the service, or the originality of the service proposed by the
tenderer.
 If the documents relating to the contract provide for its award at the
 lowest price tendered, the authority must communicate to the
Commission the rejection of tenders which it considers to be too low.
 In the case of a tender submitted by a        public authority or a public
enterprise, the authority shall In particular enquire whether the
tender is influenced by public funds a-l located for
 (a)    the setting-off of operating losses;
 (b)    the provision of capital;
 (c)   non-refundable grants, or    loans on privileged terms;
 (d)   the granting of financial advantages by foregoing profits or the
       recovery of sums due;
(e)    the foregoing of a normal return on public funds used;
(f)    compensation     for  financial   burdens   Imposed   by the  public
       author It les.
 It shall Inform the Commission if it intends to award a contract to a
tenderer whose tender is influenced by any of these characteristics.
 ---pagebreak---                                 - 39 -
3. Authorities may reject tenders which are abnormally low owing to the
   receipt of State aid only if they have consulted the tenderer and If
   the tenderer has not been able to show that the aid In question has
   been notified to the Commission pursuant to Article 93(3) of the
   Treaty or has received the Commission's approval. Authorities which
   reject a tender under these circumstances shall inform the Commission
   thereof.
 ---pagebreak---                                            - 40 -
                                         TiTLE Vil
                                     Final Provisions
                                        Article 34
     The calculation of tlme-llmlts shall be made In accordance with Council
     Regulation (EEC, EURATOM) No 1182/71 of 3 June 1971, determining the rules
     applicable to periods, dates and time limits^ 13 ).
                                        Article 35
     1.     In order to permit assessment of the results of applying the
           Directive , Member States shall forward to the Commission a
            statistical report on the service contracts awarded by authorities by
            31 October 1995 at the latest for the preceding year and there after
            by 31 October of every second year.
     2
      -     This report shall detail at least the number and value of contracts
            awarded by each authority or category of authority above the
            threshold, subdivided as far as possible by procedure, category of
            service and the nationality of the service provider to whom the
            contract has been awarded, and in the case of negotiated procedures,
            subdivided In accordance with Article 12, listing the number and value
            of the contracts awarded to each Member State and to third countries.
     3.     The Commission shall determine the nature of any additional
            statistical information, which is required In accordance with this
            Directive, In accordance with the procedure laid down in Article
            36(3).
                                        Article 36
     1.     The Commission shall be assisted by the Advisory Committee for Public
            Contracts set up by Decision 71/306/EEC.
     2.     As regards procurement of telecommunications services falling within
            category 5 of Annex IA, the Commission shall also be assisted by the
            Advisory Committee on Telecommunications Procurement set up by
            Directive 90/531/EEC.
     3.     Where reference Is made to the procedure laid down in this paragraph,
            the representative of the Commission shall submit to the Committee a
            draft of the measures to be taken. The Committee shall deliver its
            opinion on the draft within a time-limit which the chairman may lay
            down according to the urgency of the matter, If necessary by taking a
            vote.
            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.
(13)    0J No L 124, 8.6.1971, p.1
 ---pagebreak---                                    - 41 -
   The Commission shall take the utmost account of the opinion delivered
   by the Committee. It shall Inform the Committee of the manner In
   which its opinion has been taken into account.
4. The Committees shall examine, on the initiative of the Commission or
   at the request of a Member State, any question relating to the
   application of this Directive.
                                 Article 37
1. The Member States shall Inform the Commission of any general
   difficulties encountered, in law or In fact, by their undertakings In
   securing the award of public service contracts or public service
   concessions In third countries.
2. The Commission shall report to the Council, before 31 December 1992
   and then periodically, on the opening up of public service contracts
   and concessions in third countries and on the state of negotiations
   with these countries on this subject, part icularly in the GATT
   framework.
3. Whenever the Commission establishes, either on the basis of the
   reports referred to in paragraph 2, or on the basis of other
   information, that a third country, as regards the award of public
   service contracts or concessions,
   (a)   does    not   grant   Community    undertakings   effective  access
         comparable to that granted by the Community to undertakings from
         that country,
   (b)   does not grant Community undertakings national treatment or the
         same competitive opportunities as available to national
         undertakings, or
   (c)   grants undertakings from other third countries more favorable
          treatment than Community undertakings,
   the Commission    may   Initiate negotiations    In order  to remedy  the
   situât Ion.
4. Under the conditions referred to in paragraph 3, the Commission may
   decide, In addition to action taken pursuant to that paragraph, that
   the award of public service contracts or concessions to
    (a)   undertakings governed by the law of the third country In
          question,
    (b)   undertakings affiliated to the undertakings specified In (a) and
          having their registered office in the Community but having no
          effective and continuous link with the economy of a Member
          State,
    (c)   undertakings submitting tenders concerning services originating
          In the third country In question.
 ---pagebreak---                                               - 42 -
          may be suspended or restricted during a period to be determined In the
          decision.
          The Commission may decide on the appropriate measures either on Its
          own Initiative or at the request of a Member State, after consulting
          the Member States In accordance with the procedure laid down in
          Article 36(3). Where the Commission Is asked to take action by a
          Member State, it shall take a decision within a maximum period of
          three months of receipt of the request.
           It shall notify the Council and the Member States of the decisions
          taken.
          Any Member State may refer the Commission's decision to the Council
          within a maximum period of four weeks from the date of the decision.
          The Council, acting by qualified majority, may take a different
          decision within a maximum period of three months of such referral.
    5.    This Article Is without prejudice to the obligations of the Community
           In relation to non-Member countries.
                                            Article 38
    Article 1(1) of Council            Directive   89/665/EEC( 14 > is replaced  by the
    fol lowing:
     "1.  The Member States shall take the measures necessary to ensure that, as
          regards contract award procedures falling within the scope of
          Directives 71/305/EEC, 77/62/EEC, and .../.../EEÇ< 15 >, decisions
           taken by the contracting authorities may be reviewed effectively and,
           in particular, as rapidly as possible in accordance with the
          conditions set out in the following Articles, and, in particular,
          Article 2(7) on the grounds that such decisions have Infringed
          Community law In the field of public procurement or national rules
           implementing that law."
                                            Article 39
     Not later than three years after the time limit for compliance with this
     Directive the Commission, acting in close cooperation with the Committees
     referred to In Article 36, shall review the manner In which this Directive
     has operated Including, In particular, the effects of the application of
     the Directive to procurement of services listed In Annex IA and the
     provisions     concerning      technical    standards. It shall      evaluate, In
     particular, the prospects for the full application of the Directive to
     procurement of other services listed In Annex IB, and the effects of In-
     house performance of services on the effective openlng-up of the market In
     this area.      It shall make the necessary proposals to adapt the Directive
     accordingly.
(14)   0J No L 395. 30.12.1989. p. 33.
(15)   OJ No L
 ---pagebreak---                                    - 43 -
                                 Article 40
Member States shall implement the laws, regulations and administrative
provisions necessary to comply with this Directive by 1 March 1992. They
shall forthwith Inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference
to this Directive or shall be accompanied by such reference at the time of
their official publication. The procedure for such reference shall be
adopted by Member States.
                                 Article 41
Member States shall ensure that the texts of the basic provisions of
domestic law, whether laws, regulations or administrative provisions, which
they adopt to implement this Direct Ive, are communicated to the Commission.
                                 Article 42
This Directive is addressed to the Member States.
Done at Brussels                                       For the Council
                                                       The President
 ---pagebreak---                                                 - 44 -
                                              ANNEX I A
                                  Services in the sense of Article
Cat.No.: Subject                                      :         CPC Reference No.
1         Maintenance and repair services                        6112, 6122, 633. 886
2      : Land transport services, including           :          712 (except 71235) 7512
          armoured car services, and courier                    87304
          services, except transport of mail
3      : Air transport services of passengers         :
          and freight, except transport of
          mail                                        :          73 (except 7321)
4         Transport of mail by land, except           :
       :   rail, and by air                            :         71235. 7321
5         Telecommunications services                            752*
6       : Financial services                          :          ex 81
          a) Insurance services                                  812. 814
          b) Banking and investment services**
7       : Computer and related services                :         84
8       : R&D services***                              :         85
9       : Accounting, auditing and book-              :
           keeping services                           :          862
 10     : Market research and public                  :
          opinion polling services                    :          864
 11       Management consulting services              :
           and related services                        :         865. 866****
 12     : Architectural services;         ~" ~"      ~:          867
          Engineering services and inte-              :
           grated engineering services;
          Urban planning and landscape
           architectural services;                    :
           Related scientific and tech-               :
           nical consulting services;                 :
           Technical testing and analysis
           services
 13     : Advertising services                         :         871                   ~~
 14     : Building-cleaning services                   :         874
           and property management services            :         82201, 82202
 15     : Publishing and printing services            :
           on a fee or contract basis                  :         88442
 16     : Sewage and refuse disposal;                 :
           sanitation and similar services             :         94
       except voice telephony, telex, radiotelephony, paging and satellite services
       except activities involving primary government bonds and activities involving public debt
       management
 • *•  as defined in the ninth recital
 **•*  except arbitration and conciliation services
 ---pagebreak---                                                 - 45 -
                                               ANNEX I B
                                  Services in the sense of Article 10
Cat.No.    Subject                               : CPC   Reference No.
17      : Hotel and restaurant services          :       64
18      : Transport services by rail             :       711
19      : Water transport services                       72
20      : Supporting and auxiliary transport     :
        : services                                        74        *  '
21      : Legal services                          :      861
22      : Placement and supply services of
        : personnel                                       872
23      : Investigation and security services
        : (except armoured car services)                  873 (except 87304
24      : Education and vocational educational    :
        : services                                 :      92
 25     : Health and social services                      93
 26      : Recreational, cultural and sporting    :
         : services                                       96
 27     : Other services
 ---pagebreak---                                         - 46 -
                                           ANNEX II
                        DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
For the purpose of this Directive the following terms shall be defined as follows:
1. Technical specifications: the totality of the technical prescriptions contained in
   particular In the tender documents, defining the characteristics required of a work,
   material, product or supply, which permits a work, a material, a product or a supply to be
   described in a manner such that it fulfils the use for which it is intended by the
   contracting authority. These technical prescriptions shall include levels of quality,
   performance, safety or dimensions, including the requirements applicable to, the material,
   the product or to the supply as regards quality assurance, terminology, symbols, testing
   and test methods, packaging, marking or labelling. They shall also include rules relating
   to design and costing, the test, inspection and acceptances for works and methods or
   techniques of construction and all other technical conditions which the contracting
   authority is in a position to prescribe, under general or specific regulations, in relation
   to the finished works and to the materials or parts which they involve.
2. Standard: a technical specification approved by a recognised standardising body for
   repeated and continuous application, compliance with which is in principle not compulsory.
3. European standard: a standard approved by the European Committee for Standardisation (CEN)
   or by the European Committee for Electrotechnlcal Standardisation (Cenelec) as "European
   Standards (EN)" or "Harmonisation documents (HD)" according to the common rules of these
   organisations or by the European Telecommunications Standards Institute (ETSI) as a
   "European Telecommunication Standard" (ETS).
4. European technical approval: a favourable technical assessment of the fitness for use of a
   product, based on fulfillment of the essential requirements for building works, by means of
   the inherent characteristics of the product and the defined conditions of applications and
   use. The European agreement shall be issue by an approval body designated for this purpose
   by the Member State.
5. Common technical specification: a technical specification laid down in accordance with a
   procedure recognised by the Member States to ensure uniform application in all Member
   States which has been published in the Official Journal of the European Communities.
6. Essential requirements: requirements regarding safety, health and certain other aspects in
   the general interest, that the construction works can meet.
 ---pagebreak---                                          - 47 -
                                           ANNEX III
                                    Model controct notices
                                     A. Prior Information
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
   authority, and, if different, of the service from which additional information may be
   obtained;
2. Intended total procurement in each of the service categories listed in Annex IA;
3. Estimated date for initiating the award procedures, per category;
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
 ---pagebreak---                                             - 48 -
                                         B.   Open Procedure
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
    authority;
2. Category of service and description;
    CPC reference number;
3. Place of delivery;
4. (a)     Indication whether the execution of the service is by            law.  regulation,   or
           administrative provision reserved to a particular profession;
     (b)   Reference of the law, regulation or administrative provision;
     (c)   Indication whether legal persons should indicate the names and professional
           qualifications of the staff to be responsible for the execution of the service;
5. Indication whether suppliers can tender for a part of the services concerned;
6. Variants
     a) Where opplicable.   minimum specifications,
     b) Where applicable.   desirable elements;
7. Duration of contract or time limit for completion of the service;
8. (a) Name and address of the service from which the relevant documents may be requested:
     (b) Final date for making such requests:
     (c) Where applicable, the amount and terms of payment of any sum payable for such
           documents;
9. (a) Persons authorised to be present at the opening of tenders:
     (b) Date, time and place of the opening;
10.     Where applicable, any deposits and guarantees required.
11.      The main terms concerning    financing and payment   and/or references  to the   relevant
         provisions.
12.     Where applicable, the legal form to be taken by the grouping of suppliers winning the
         contract.
13.      Information concerning the suppliers' own position, and information and formalities
         necessary for an appraisal of the minimum economic and technical standards required of
         the supplier.
14.      Period during which the tender is bound to keep open his tender.
15.      Criteria for the award of the contract and their ranking. Criteria other than that of
         the lowest price shall be mentioned if they do not appear in the contract documents.
16.      Other information.
 17.     Date of dispatch of the notice.
 18.     Date of receipt of the notice by the Office of Official Publications of the European
         Communi t ies.
 ---pagebreak---                                          - 49 -
                                    C. Restricted Procedure
1.   The name, address, telegraphic address, telephone, telex and facsimile number of the
     authority;
2.   Category of service and description;
     CPC reference number;
3.   Place of delivery;
4.   (a) Indication whether the execution of the service is by             law.  regulation or
          administrative provision reserved to a particular profession:
     (b) Reference of the law, regulation or administrative provision;
     (c) Indication whether legal persons should indicate the names and professional
          qualifications of the staff to be responsible for the execution of the service;
5.    Indication of whether the supplier can tender for a part of the services concerned;
6.   Envisaged number of suppliers, or range, which will be invited to tender;
7.   Variants
      a) Where applicable, minimum specifications.
      b) Where applicable, desirable elements;
8.    Duration of contract, or time limit for completion of the service;
9.   Where applicable, the legal form to be assumed by the grouping of suppliers winning the
     Acontract;
 10.  (a)  Where applicable, justification for the use of the accelerated procedure,
      (b)  Final date for the receipt of requests to participate,
      (c)  Address to which they must be sent,
      (d)  Language(s) in which they must be drawn up;
 11.  Final date for the dispatch of invitations to tender;
 12.  Where applicable, any deposits and guarantees required;
 13.  Information concerning the supplier's own position, and the information and formalities
      necessary for an appraisal of the minimum economic and technical standards required of
      him;
 14.  Criteria for the award of the contract and their ranking if these are not stated in the
      invitation to tender;
 15.  Other information;
 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---                                           - 50 -
                                     D. Negotloted Procedure
1.   The name, address, telegraphic address, telephone, telex and facsimile number of the
     authority;
2.   Category of service and description;
     CPC reference number;
3.   Place of delivery;
4.   (a) Indication whether the execution of the service is by             law, regulation  or
          administrative provision reserved to a particular profession:
     (b) Reference of the law, regulation or administrative provision;
     (c) Indication whether legal persons should indicate the names and professional
          qualifications of the staff to be responsible for the execution of the service;
5.   Indication of whether the supplier can tender for a part of the services concerned;
6.   Envisaged number of suppliers, or range, which will be invited to tender;
7.   Variants
     a) Where applIcable, minimum specifications,
     b) Where applicable, desirable elements;
8.   Duration of    contract, or time limit for completion of the service;
9.   Where applicable, the legal form to be assumed by the grouping of suppliers winning the
     contract;
10.   (a) Where applicable, justification for the use of the accelerated procedure.
      (b)  Final date for the receipt of requests to participate,
      (c) Address to which they must be sent,
      (d)  Language(s) in which they must be drawn up;
 11. Where applicable, any deposits and guarantees required;
 12.  Information concerning the supplier's own position, and the information and formalities
      necessary for an appraisal of the minimum economic and technical standards required of
      him;
 13. Where applicable, the names and addresses of suppliers already selected by the awarding
      authority;
 14. Other information;
 15.  Date of dispatch of notice;
 16.  Date of receipt of the notice by the Office for Official Publications of the European
     Communities;
 17.  Date(s) of previous publications in the Official Journal of the European Communities.
 ---pagebreak---                                        - 51 -
                                    E. Controct Awords
1.  Name and address of the authority;
2.  Award procedure chosen; in case of negotiated procedure without prior publication of a
    tender notice, justification (Article 13(3));
    CPC reference number;
3.  Category of service and description;
4.  Date of award of contract;
5.  Criteria for award of contract;
6.  Number of tenders received;
7.  Name and address of supplier(s);
8.  Price or range of prices (minimum/maximum) paid;
9.  Where appropriate, value and proportion of contract likely to be subcontracted to third
    parties;
10. Other information;
11. Date of publication of the tender notice      in the Official  Journal  of  the European
    Communities;
12. Date of dispatch of the notice;
13. Date of receipt of the notice by the Office for Official Publications of the European
    Communities;
14.  In the case of contracts for services listed in Annex IB, agreement, by the contracting
    authority, on publication of the notice (Article 18(3)).
 ---pagebreak---                                                  - 52 -
                                                ANNEX IV
                                        Design Contest Notices
1.   The name, address, telegraphic address, telephone, telex and facsimile numbers             of  the
     authority and of the service from which the relevant documents may be obtained;
2.   Project description;
3.   Nature of the contest:   open or restricted;
4.   In the case of open contests:    final date for receipt of projects;
5.   In the case of restricted contests:
     a)  the envisaged number of participants, or range;
     b)  where applicable, names of already selected participants;
     c)  the criteria to be applied in the selection of participants;
     d)  final date for receipt of requests to participate;
6.   Where applicable, indication whether participation is reserved to a particular profession;
7.   The criteria to be applied in the evaluation of projects;
8.   Where applicable, names of selected members of the jury;
9.   Indication whether the decision of the jury is binding for the authority;
10   Where applicable, the number and value of the prizes to be awarded;
11   Where applicable, details on payments to all participants;
 12   Indication whether the prize-winners are entitled to be awarded any follow-up contracts;
 13  Other information;
 14  Date of dispatch of the notice.
 15  Date of receipt    of  the notice    by the office    for Official  Publications  of  the European
     Communities.
                                    B. Results of Design contests
 1.   The name,   address,  telegraphic    address,  telephone,  telex  and  facsimile  numbers  of  the
      authority;
 2.   Project description;
 3.   Total number of participants;
4.   Number of foreign participants;
 5.  Winner(s) of the contest;
 6.  Where applicable, the prize(s);
 7.  Other information;
8.   Reference of the design contest notice;
9.   Date of dispatch of the notice;
 10. Date of receipt    of  the notice    by  the Office   for Official  Publications  of  the European
     Communities.
 ---pagebreak---                                          - 53 -
                                            ANNEX V
                        A. Model Notice on Public Service Concessions
1. The name, address, telegraphic address, telephone, telex and      facsimile numbers of the
   authority;
2. (a)  The place of delivery:
   (b)  The subject of the concession, nature and extent of the services to be provided:
   (c)  Duration of contract;
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. Personal, technical and financial conditions to be fulfilled by the candidates;
5. The criteria for the award of the contract;
6. Where applicable, the minimum percentage of the total value of the concession contract to
   be awarded to third parties;
7. Other information;
8. Date of dispatch of the notice;
                                     B. Concession awards
1. The name, address, telegraphic address, telephone, telex and facsimile numbers of the
   authority;
2. The subject of the concession, nature and extent of the services to be provided;
3. Date of award of the concession;
4. Number of tenders received;
5. Name and address of the concessionnaire;
6. Other information;
7. Date of publication    of  the  tender  notice   in the Official  Journal  of  the European
   Communities;
8. Date of dispatch of the notice;
9. Date of receipt of the notice by the Office for Official Publications of the European
   Communities;
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 322 final
                                                      DOCUMENTS
EN                                                                         06 08
                                Catalogue number : CB-CO-91-363-EN-C
                                                             ISBN 92-77-75071-5
Office for Official Publications of the European Communities
1^2985 Luxembourg