CELEX: 51990PC0301
Language: en
Date: 1990-07-12
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS

COMMISSION OF THE EUROPEAN COMVIDNITIES
                                     C0M(90) 301 final - SYN 153
                                     Brussels, 12 July 1990
                    Re-examined proposal for a
          on the procurement procedures of entitles
                   operating In the water,
      energy, transport and telecommunications sectors
    (presented by the Commission pursuant to Article 149.2(d)
                        of the EEC treaty)
 ---pagebreak---                                                                             <2
                           EXPLANATORY MEMORANDUM
 I. General considerations
       The re-examined proposal reflects the Commission's stance with
       regard to the common position adopted by the Council on
       29 March 1990 and the proposed amendments to that common position
       adopted by Parliament on second reading on 13 June 1990. As stated
       at the plenary session, the Commission has accepted and
        incorporated in Its re-examined proposal 11 of the 21 amendments
       adopted by Parliament.
11. Analysis of the re-exam Ined proposal
       The proposal reflects the agreement existing between the Council,
       Parliament and the Commission, except for the points underlined. On
       these points, the proposal reflects the European Parliament's
       amendments. These, In turn, represent an attempt to find a
       satisfactory compromise between the proposal of the Commission
       following the first reading In the European Parliament and the
       common position of the Council.
       The points where the re-examined proposal differs from the common
       position set out below.
       (a)    Article 1(14)
              This paragraph aligns, without altering their scope, the
              definitions of public telecommunications services on those
              laid down In the common position on the Implementation of
              Open Network Provision (ONP). The Commission Is thus
              fulfilling the undertaking It gave the Council during the
              discussions leading to adoption of the common position.
       (b)    Article 6(3)
              The new text is aimed at making the proposal more transparent
              by placing the Commission under the obligation to publish
              lists of activities pursued by entitles but not covered by
              the Directive.
       (c)    Article 13(6)(a)
              Article 13 establishes the conditions under which derogations
              may be allowed from the obligation to refer to European
              standards.
 ---pagebreak---                                - 2 -
         The text of paragraph 6(b) of the common position was
         unsatisfactory, since it drew an unjustified distinction
         between telecommunications entities and entitles in the other
          sectors, thereby creating uncertainty. The aim Is, In fact,
          to avoid making It mandatory to refer to European
          specifications where conformity of the product to those
          specifications cannot be established.
         The new text makes this clear and avoids misunderstandings.
   (d)    Article 17(1)
          The re-examined proposal takes over from the Commission's
          earlier proposals a provision to the effect that the periodic
          notice is to be published at least once a year.
          If the periodic notice Is to serve its purpose, namely to
          ensure transparency, there should be a strict frequency of
          publication without Imposing an excessive administrative
          burden on the entity responsible for publishing it.
   (e)    Article 17(3)
          The new text usefully supplements the provisions that are to
          apply In cases where the periodic notice Is used as a means
          of calling for competition. It makes the period of one year
          run from the date on which the contracting entity dispatches
          the letters of Invitation and specifies the deadlines for
          submitting applications and tenders, which are aligned on
          those applicable to the other means of calling for
          competIt ion.
          These new provisions supplement and clarify the text without
          altering the spirit or substance of the Directive.
   (f)    Article 23
          In Rush Portuguesa,1 the Court of Justice confirmed that
          Community law does not prevent Member States extending their
          legislation, or collective wage agreements concluded by the
          two sides of Industry, to cover any person carrying out paid
          work - even on a temporary basis - on their territory,
          irrespective of the country in which his employer Is
          established; neither does It bar Member States from
          enforcing such rules by appropriate means.
Case C-113/89 Rush Portuguesa v Office National d'Immigration, not yet
reported.
 ---pagebreak---                                                                             U
                                     - 3-                                    j
              Article 23(1) provides that contracting entities may mention
              the authorities from which tenderers can obtain Information
              on any rules of this nature. Where such Information Is
              supplied, It Is appropriate that tenderers should confirm
              that they have taken those rules Into account when drawing up
              their tender. For the sake of consistency, Article 23(2) has
              thus been amended and aligned on Article 22a of
              Directive 89/440/EEC.
        (g)   Article 29
              The amendments to this Article are aimed at remodelling and
              clarifying It; the paragraphs have therefore been combined or
              rearranged Into a more logical order.
              The wording of the text on the concept of the origin of goods
              has been clarified, and reference is made to the Council
              Regulation on the common definition of the concept of the
              origin of goods.2
              All these provisions contribute to the clarity of the text
              while leaving the substance and scope of the Article
              unchanged.
III. Amendments not accepted by the Commission
        (a)   Amendments Nos 2 (Article 2(2)(a)) and 4, S and 6 (Article
              3(1) and (4)) do not alter the substance of the provisions
              concerned or Improve the clarity of the text. It is
              therefore preferable to retain the wording of the common
              position, which offers the necessary legal certainty and
              clarity.
        (b)   The purpose of amendment No 10 (Article 12(6)) Is to ensure
              that the concept of work Is correctly Interpreted in all
              Member States. However, a directive Is not an appropriate
              place for an obligation to interpret a provision; if, after
              adoption of the Directive, it were to prove necessary to
              define the concept more precisely, the Commission would take
              the necessary measures.
        (c)   The Commission has not Incorporated amendments Nos 16 and 17
               In Art icle 28 relatIng to national preference schemes. It
              set out Its policy on regional preference schemes In Its
              Communication entitled "Public procurement: regional and
     0J No L 148 of 28 June 1968, p. 1.
 ---pagebreak---                                  - 4 -
                                                                              s
           social aspects".3 The Judgment of the Court of Justice In
           Du Pont de Nemours4 confirms the soundness of that policy.
           The Commission therefore takes the view that It would be
           Inexpedient to amend a text that Is in keeping with that
           po11cy.
           Amendment No 16 furthermore provides that national measures
           may also be aimed at promoting or safeguarding equal rights
           and opportunities for women, the disabled or workers from
           minority groups. However, Article 22(4)(f) of the common
           position already allows contracting entities to Impose
           special conditions for participation in a contract. As the
           Court of Justice stressed in its judgment In BeentJes,5 the
           concept of "special conditions" can include conditions of a
           social nature.
     (d)   Amendment No 23 concerning Annex XV (Notice of contracts
           awarded) Is superfluous since Information on sub-contracting
            Is already requested under Items 10 and 11 of that Annex.
     (e)   Amendments Nos 28 (Article 1(4)) and 29 (Article 12(5)) limit
           the period of validity of framework agreements to four years
            in order to prevent contracting entities using them to avoid
           having to comply with the Directive. These amendments are
            Inappropriate because Article 5(4) already rules out any
           misuse of framework agreements with a view to evading the
           Directive. There Is therefore no reason to limit the
           duration of a framework agreement that Is concluded in
           accordance with the Directive and thus used as a legitimate
           commercial method of procurement.
3 OJ No C 311 of 12 December 1989, p. 7.
4 Case C-21/88 Du Pont de Nemours I ta 11 ana S.p.A. v Unite Sanitaria Locale
  No 2 dl Carrara, not yet reported.
5 Case C-31/87 Gebroeders BeentJes B.V. v State of the Netherlands, not
  yet reported.
 ---pagebreak---                                                                                €
                            Re-examined proposal for a
                                 COUNCIL PI RECTI VF
                  on the procurement procedures of entities
                           operating In the water,
              energy, transport and telecommunications sectors
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and in
particular the last sentence of Article 57(2), Article 66, Article 100a and
Article 113 thereof,
Having regard to the proposal from the Commission
                                              (2)
In co-operation with the European Parliament
                                                                  (3)
Having regard to the Opinion of the Economic and Social Committee
Whereas the measures aimed at progressively establishing the internal market,
during the period up to 31 December 1992, need to be taken; whereas the internal
market consists of an area without internal frontiers in which free movement of
goods, persons, services and capital is guaranteed;
(1) OJ No C 264, 16.10.1989, p. 22.
(2) OJ No C 158, 26. 6.1989, p. 258 and Decision of      (not yet published in
    the Official Journal).
(3) OJ No C 139,  5. 6.1989, p. 23 and 31.
                                                                            -  Î -
 ---pagebreak---                                                                                    ?
Whereas the European Council has drawn conclusions concerning the need to bring
about a single internal market;
Whereas restrictions on the free movement of goods and on the freedom to provide
services in respect of supply contracts awarded in the water, energy, transport
and telecommunications sectors are prohibited by the terms of Articles 30 and 59
of the Treaty;
Whereas Article 97 of the Euratom Treaty prohibits any restrictions based on
nationality as regards companies under the jurisdiction of a Member State where
they desire to participate in the construction of nuclear installations of a
 scientific or industrial nature in the Community;
Whereas these objectives also require the co-ordination of the
prociiro"-«nt procedures applied by the entities operating in these sectors;
Whereas the White Paper on the completion of the Internal Market contains an
action programme and a timetable for opening up public procurement markets in
sectors which are currently excluded from Council Directive 71/305/EEC of
26 July 1971 concerning the co-ordination of procedures for the award of public
works contracts      , as last amended by Council Directive 89/440/EEC    , and
Council Directive 77/62/EEC of 21 December. 1976 co-ordinating procedures for the
                                    (3)
award of public supply contracts        , as last amended by
                       (4)
Directive 88/295/EEC       ;
 (1) OJ  No L 185. 16.8.1971, p. 5.
 (2) OJ No  L 210, 21.7.1989. p. 1.
 (3) OJ  No L 13, 15.1.1977, p. 1.
 (4) OJ  No L 127, 20.5.1988, p. 1.
                                                                              - 2 -
 ---pagebreak---                                                                                   8
Whereas among such excluded sectors are those concerning the provision of water,
energy and transport services and, as far as Directive 77/62/EEC is concerned,
the telecommunications sector;
Whereas the main reason for their exclusion was that entities providing such
services are in some cases governed by public law, in others by private law;
Whereas the need to ensure a real opening-up of the market and a fair balance in
the application of procurement rules in these sectors requires that the entities
to be covered must be identified on a different basis than by reference to their
legal status;
Whereas, in the four sectors concerned, the procurement problems to be solved are
of a similar nature, so permitting them to be addressed in one instrument;
Whereas, among the main reasons why entities operating in these sectors do not
purchase on the basis of Community-wide competition is the closed nature of the
markets in which they operate, due to the existence of special or exclusive
rights granted by the national authorities, concerning the supply«to provision or
 operation   0f networks for providing the service concerned, the exploitation of
a given geographical area for a particular purpose, the provision or operation of
public telecommunications networks or the provision of public telecommunications
services ;
                                                                              - 3 -
 ---pagebreak--- Whereas the other main reason for the absence of Community-wide competition in
these areas results from various ways in which national authorities can influence
the behaviour of these entities, including participations in their capital and
representation in the entities' administrative, managerial or supervisory bodies.
Whereas this Directive should not extend to activities of those entities which
either fall outside the sectors of water, energy and transport services or
outside the telecommunications sector, or which fall within those sectors but
nevertheless are directly exposed to competitive forces in markets to which entry
is unrestricted;
Whereas it is appropriate that these entities apply common procurement procedures
in respect of their activities relating to water; whereas certain entities have
been covered up to now by Directives 71/305/EEC and 77/62/EEC in respect of their
activities in the field of hydraulic engineering projects, irrigation, land
drainage or the disposal and treatment of sewage ;
Whereas, however, procurement rules of the type proposed for supplies of goods
are inappropriate for purchases of water, given the need to procure water from
sources near the area where it will be used;
                                                                             - 4 -
 ---pagebreak---                                                                                 A
Whereas, when specific conditions are fulfilled, exploitation of a geographical
area with the aim of exploring for or extracting oil, gas, coal or other solid
fuels may be made subject to alternative arrangements which will enable the same
objective of opening up contracts to be achieved; whereas the Commission must
ensure that these conditions are complied with by the Member States who implement
these alternative arrangements;
Whereas the Commission has announced that it will propose measures to remove
obstacles to cross-frontier exchanges of electricity by 1992; whereas procurement
rules of the type proposed for supplies of goods would not make it possible to
overcome existing obstacles to the purchases of energy and fuels in the energy
sector; whereas, as a result, it is not appropriate to include such purchases in
the scope of this Directive, although it should be borne in mind that this
exemption will be re-examined by the Council on the basis of a Commission report
and Commission proposals;
                                      (1)                (2)
Whereas Regulations (EEC) No 3975/87      and No 3976/87     ,
Directive 87/601/EEC      and Decision 87/602/EEC     are designed to introduce
more competition between the entities offering air transport services to the
public and it is therefore not appropriate for the time being to include such
entities in the scope of this Directive although the situation ought to be
reviewed at a later stage in the light of progress made as regards competition;
(1) OJ No L 374. 31.12.1987,  p. 1.
(2) OJ No L 374, 31.12.1987,  p. 9.
(3) OJ No L 374, 31.12.1987,  p. 12.
(4) OJ No L 374, 31.12.1987,  p. 19.
                                                                             - 5 -
 ---pagebreak---                                                                               1>>
Whereas, in view of the competitive position of Community shipping, it would be
inappropriate for the greater part of the contracts in this sector to be subject
to detailed procedures; whereas the situation of shippers operating sea-going
ferries should be kept under review; whereas certain inshore and river ferry
services operated by public authorities should no longer be excluded from the
scope of Directives 71/305/EEC and 77/62/EEC;
Whereas it is appropriate to facilitate compliance with provisions relating; to
activities not covered by this Directive;
Whereas this Directive should not apply to procurement contracts which are
declared secret or may affect basic State security interests or are concluded
according to other rules set up by existing international agreements or
international organizations;
Whereas the Community's or the Member States' existing international obligations
must not be affected by the rules of this Directive;
                                                                             - 6 -
 ---pagebreak--- Whereas products, works or services must be described by reference to European
specifications; whereas, in order to ensure that a product, work or service
fulfils the use for which it is intended by the contracting entity, such
reference may be complemented by specifications which do not change the nature of
the technical solution or solutions set out in the European specification;
Whereas the principles of equivalence and of mutual recognition of national
standards, technical specifications and manufacturing methods are applicable in
the field of application of this Directive;
Whereas, when the contracting entities define by common accord with tenderers the
deadlines for receiving                  tenders, they shall comply with the
principle of non-discrimination, and whereas, if there is no such agreement, it
is necessary to lay down suitable provisions;
Whereas it could prove useful to provide for greater transparency as to the
requirements regarding the protection and conditions of employment applicable in
the Member State in which the works are to be carried out;
Whereas it is appropriate that national provisions for regional development
requirements to be taken into consideration in the award of public works
contracts should be made to conform to the objectives of the Community and be in
keeping with the principles of the Treaty;
                                                                             - 7 -
 ---pagebreak---                                                                                nj
Whereas contracting entities must not be able to reject abnormally low tenders
before having requested in writing explanations as to the constituent elements of
the tender:
Whereas, within certain limits, preference should be given to an offer of
Community origin where there are equivalent offers of third country origin;
Whereas this Directive should not prejudice the position of the Community in any
current or future international negotiations;
Whereas, based on the results of such international negotiations, this Directive
should be extendable to offers of third country origin, pursuant to a Council
Decision;
Whereas the rules to be applied by the entities concerned should establish a
framework for sound commercial practice and should leave a maximum of
flexibility;
Whereas, as a counterpart for such flexibility and in the interest of mutual
confidence, a minimum level of transparency must be ensured and appropriate
methods adopted for monitoring the application of this Directive;
                                                                             - 8 -
 ---pagebreak--- Whereas it is necessary to adapt Directives 71/305/EEC and lllbllttC to establish
well-defined fields of application; whereas the scope of Directive 71/305/EEC
should not be reduced, except as regards contracts in the water and
telecommunications sectors; whereas the scope of Directive 77/62/EEC should not
be reduced, except as regards certain contracts in the water sector; whereas the
scope of Directives 71/305/EEC and 77/62/EEC should not, however, be extended to
contracts awarded by carriers by land, air, sea, inshore or inland waterway
which, although carrying out economic activities of an industrial or commercial
nature, belong to the State administration; whereas, nevertheless, certain
contracts awarded by carriers by land, air, sea, inshore or inland waterway which
belong to the State administration and are carried out only for reasons of public
service should be covered by those Directives;
Whereas this Directive should be re-examined in the light of experience;
Whereas the opening up of contracts, on   1 January 1993, in the sectors covered
by this Directive might have an adverse effect upon the economy of the Kingdom of
Spain; whereas the economies of the Hellenic Republic and the Portuguese Republic
will have to sustain even greater efforts; whereas it is appropriate that these
Member States be granted adequate additional periods to implement this Directive,
HAS ADOPTED THIS DIRECTIVE:
                                                                            - 9 -
 ---pagebreak---                                                                                s)S
                                     TITLE I
                                GENERAL PROVISIONS
                                    Article 1
For the purposes of this Directive:
(1) "public authorities" shall mean the State, regional or local authorities,
    bodies governed by public law, or associations formed by one or more of such
    authorities or bodies governed by public law.
    A body is considered to be governed by public law where it:
    - is established for the specific purpose of meeting needs in the general
      interest, not being of a commercial or industrial nature, and
    - has legal personality, and
    - is financed for the most part by the-State, or regional or local
      authorities, or other bodies governed by public law, or is subject to
      management supervision by those bodies, or has an administrative,
      managerial or supervisory board more than half of whose members are
      appointed by the State, regional or local authorities, or other bodies
      governed by public law;
                                                                             - 10 -
 ---pagebreak---                                                                                 •/&
(2) "public undertaking" shall mean any undertaking over which the public
    authorities may exercise directly or indirectly a dominant influence by
    virtue of their ownership of it, their financial participation therein, or
    the rules which govern it.   A dominant influence on the part of the public
    authorities shall be presumed when these authorities, directly or indirectly,
    in relation to an undertaking:
    - hold the major part of the undertaking's subscribed capital, or
    - control the majority of the votes attaching to shares issued by the
      undertaking, or
    - can appoint more than half of the members of the undertaking's
      administrative, managerial or supervisory body;
(3) "supply and works contracts" shall mean contracts for pecuniary interest
    concluded in writing between one of the contracting entities referred to in
    Article 2 and a supplier or contractor and which have as their object:
    (a) in the case of supply contracts, the purchase, lease, rental or
        hire-purchase, with or without options to buy, of products or of software
        services.   These contracts may in addition cover siting and installation
        operations.
                                                                             - 11 -
 ---pagebreak---                                                                             -77
        Software services shall be covered by this definition where they are
        procured by a contracting entity exercising an activity defined in
        Article 2(2)(d) and are for use in the operation of a public
        telecommunications network or are intended to be used in a public
        telecommunications service as such;
    (b) in the case of works contracts, either the execution, or both the
        execution and design or the realization, by whatever means, of building
        or civil engineering activities referred to in Annex XI. These cpntracts
        may, in addition, cover supplies and services necessary for their
        execution.
    Contracts which include the provision of services other than those referred
    to in (a) and (b) shall be regarded as supply contracts if the total value of
    supplies, including siting and installation operations necessary for the
    execution of the contract and of software services within the meaning of
    subparagraph (a), is greater than the value of the other services covered by
    the contract;
(4) "framework agreement" shall mean an agreement between one of the contracting
    entities defined in Article 2 and one or more suppliers or contractors, the
    purpose of which is to establish the terms, in particular with regard to the
    prices and, where appropriate, the quantity envisaged, governing the
    contracts to be awarded during a given period
                                                                             - 12 -
 ---pagebreak---                                                                                1%
(5) "tenderer" shall mean a supplier or contractor who submits a tender and
     "candidate" shall mean a person who has sought an invitation to take part in
     a restricted or negotiated procedure;
(<>) "open, restricted and negotiated procedures" shall mean the award procedures
     applied by contracting entities whereby:
     (a) in the case of open procedures, all interested suppliers or contractors
         may submit tenders;
     (b) in the case of the restricted procedures, only candidates invited by the
         contracting entity may submit tenders;
     (c) in the case of negotiated procedures, the contracting entity consults
         suppliers or contractors of its choice and negotiates the terms of the
         contract with one or more of them;
(7) "technical specifications" shall mean the technical requirements contained in
     particular in the tender documents, defining the characteristics of a set of
     works, material, product or supply, and enabling a piece of work, a material,
     a product or a supply to be objectively described in a manner such that it
     fulfils the use for which it is intended by the contracting entity.  These
     technical prescriptions may include quality, performance, safety or
     dimensions, as well as requirements applicable to the material, product, or
     supply as regards quality assurance, terminology, symbols, testing and test
     methods, packaging, marking or labelling.  In the case of works contracts,
                                                                             - 13
 ---pagebreak---                                                                                 AC,
     they may also include rules for the design and costing, the test, inspection
     and acceptance conditions for works and methods or techniques of
     construction and all other technical conditions which the contracting entity
     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;
 (8) "standard" shall mean a technical specification approved by a recognized
     standardizing body for repeated and continuous application, compliance with
     which is in principle not compulsory;
 (9) "European standard" shall mean a standard approved by the European Committer
     for Standardization (CEN) or by the European Committee for Electrotechnical
     Standardization (CENELEC) as a "European Standard (EN)" or "Harmonization
     Document (HD)", according to the Common Rules of those organizations, or by
     the European Telecommunications Standards Institute (ETSI) according to its
     own rules as a "European Telecommunications Standard (ETS)";
(10) "common technical specification" shall mean a technical specification drawn
     up in accordance with a procedure recognized by the Member States with a
     view to uniform application in all Member States and published in the
     Official Journal of the European Communities;
                                                                             - 14 -
 ---pagebreak---                                                                                  <?o
 (11) "European technical approval" shall mean a favourable technical assessment
      of the fitness for use of a product for a particular purpose, based on
       fulfilment of the essential requirements for building works, by means of the
       inherent characteristics of the product and the defined conditions of
      application and use, as provided for in Council Directive 89/106/EEC of
       21 December 1988 on the approximation of laws, regulations and
       administrative provisions of the Member States relating to construction
       products       European technical approval shall be issued by an approval
       body designated for this purpose by the Member State;
 (12) "European specification" shall mean a common technical specification, a
       European technical approval or a national standard implementing a European
       standard;
 ( 13) "public telecommunications network" shall mean the public telecommunications
       infrastructure which enables signals to be conveyed between defined network
       termination points by wire, by microwave, by optical means or by other
       electromagnetic means.
       "Network termination point" shall mean all physical connections and their
       technical access specifications which form part of the public
       telecommunications network and are necessary for access to, and efficient
       communication through, that public network;
(14) "public telecommunications services" shall mean telecommunlcatIons
      services the provision of which the Member states have specifically
      assigned notably to one or more telecommunications entitles.
      "telecommunications services" shall mean services whose provision
      consists wholly or partly In the transmission and routing of signals
      on the public telecommunications network by means of
      telecommunications processes, with the exception of radio-broadcasting
      and television.
 (1) OJ No L 40, 11.2.1989, p. 12.
                                                                               - Î5 -
 ---pagebreak---                                                                                ZA
                                     Article 2
1.   This Directive shall apply to contracting entities which.
(a) are public authorities or public undertakings and exercise one of the
     activities referred to in paragraph 2;
(b) or, when they are not public authorities or public undertakings, have as one
     of their activities any of those referred to in paragraph 2 or any
     combination thereof and operate on the basis of special or exclusive rights
     granted by a competent authority of a Member State.
2.   Relevant activities for the purposes of this Directive shall be:
': ^ lue provision or operation of fixed networks intended to provide a service to
     the public in connection with the production, transport or distribution of:
       (i) drinking water, or
      (i i) electricity; or
     (ii i) gas or heat ;
     or the supply of drinking water, electricity, gas or heat to such networks;
                                                                             - 16 -
 ---pagebreak---                                                                                    2
                                                                                     Z
(b) the exploitation of a geographical area for the purpose of:
       (i) exploring for or extracting oil, gas, coal or other solid fuels, or
      (ii) the provision of airport, maritime or inland port or other terminal
           facilities to carriers by air, sea or inland waterway;
(c) the operation      of networks providing a service to the public in the field
      of transport by railway, automated systems, tramway, trolley bus, bus or
      cable.
      As regards transport services, a network shall be considered to exist where
      the service is provided under operating conditions laid down by a competent
      authority of a Member State, such as conditions on the routes to be served",
      the capacity to be made available or the frequency of the service;
(d) the provision or operation of public telecommunications networks or the
      provision of one or more public telecommunications services.
.'•». For the purposes of applying paragraph K b ) , special or exclusive rights
shall mean rights deriving from authorizations granted by a competent authority
of the Member State concerned, by law, regulation or administrative action,
having as their result the reservation for one or more entities of the
exploitation of an activity defined in paragraph 2.
                                                                                 - 17 -
 ---pagebreak---                                                                                 2.3
A contracting entity shall be considered to enjoy special or exclusive rights in
particular where:
(a) for the purpose of constructing the networks or facilities referred to in
    paragraph 2, it may take advantage of a procedure for the expropriation or
    use of property or may place network equipment on, under or over the public
    highway;
(b) in the case of paragraph 2(a), the entity supplies with drinking water,
    electricity, gas or heat a network which is itself operatedby an entity
    enjoying special or exclusive rights granted by a competent authority of the
    Member State concerned.
4.  The provision of bus transport services to the public shall not be considered
to be a relevant activity within the meaning of paragraph 2(c) where other
entities are free to provide those services, either in general or in a particular
geographical area, under the same conditions as the contracting entities.
5.  The supply of drinking water, electricity, gas or heat to networks which
provide a service to the public by a contracting entity other than a public
authority shall not be considered as a relevant activity within the meaning of
paragraph 2(a) where:
                                                                             - 18 -
 ---pagebreak--- (a) in the case of drinking water or electricity:
    - the production of drinking water or electricity by the entity concerned
      takes place because its consumption is necessary for carrying out an
      activity other than that referred to in paragraph 2, and
    - supply to the public network depends only on the entity's own consumption
      and has not exceeded 30% of the entity's total production of drinking water
      or energy, having regard to the average for the preceding three years,
      including the current year;
(b) in the case of gas or heat:
    - the production of gas or heat by the entity concerned is the unavoidable
      consequence of carrying on an activity other than that referred to in
      paragraph 2, and
    - supply to the public network is aimed only at the economic exploitation of
      such production and amounts to not more than 2 0 * °f the entity's turnover
      having regard to the average for the preceding 3 years, including the
      current year.
6.  The contracting entities listed in Annexes I to X shall fulfil the criteria
set out above.  In order to ensure that the lists are as exhaustive as possible.
Member States shall notify the Commission of amendments to their lists.    The
Commission shall revise Annexes I to X in accordance with the procedure in
Article 32.
                                                                               - 19
 ---pagebreak---                                                                               zs
                                      Article 3
I.  Member States may request the Commission to provide that exploitation of
geographical areas for the purpose of exploring for, or extracting, oil, gas,
coal or other solid fuels shall not be considered to be an activity defined in
Article 2(2)(b)(i) and that entities shall not be considered as operating under
special or exclusive rights within the meaning of Article 2(3)(b) by virtue of
carrying on one or more of these activities, provided that all the following
conditions are satisfied with respect to the relevant national provisions
concerning such activities:
(a) at the time when authorization to exploit such a geographical area is
    requested, other entities shall be free to seek authorization for that
    purpose under the same conditions as the contracting entities;
(b) the technical and financial capacity of entities to engage in particular
    activities shall be established prior to any evaluation of the merits of
    competing applications for authorization;
(c) authorization to engage in those activities shall be granted on the basis of
    objective criteria concerning the way in which it is intended to carry out
    the exploitation or extraction, which shall be established and published
    prior to the requests and applied in a non-discriminatory manner;
                                                                             - 20 -
 ---pagebreak--- (d) all conditions and requirements concerning the carrying out or termination of
    the activity, including provisions on operating obligations, royalties, and
    participation in the capital or revenue of the entities, shall be established
    and made available prior to the requests for authorization being made and
    then applied in a non-discriminatory manner; every change concerning these
    conditions and requirements shall be applied to all the entities concerned,
    or else amendments must be made in a non-discriminatory manner; however,
    operating obligations need not be established until immediately before the
    authorization is granted; and
(e) contracting entities shall not be required by any law, regulation,
    administrative requirement, agreement or understanding to provide information
    on a contracting entity's intended or actual sources of procurement, except
    at the request of national authorities and exclusively with a view to the
    objectives mentioned in Article 36 of the Treaty.
2.  Member States which apply the provisions of paragraph 1 shall ensure, through
the conditions of the authorization or other appropriate measures, that any
entity:
(a) observes the principles of non-discrimination and competitive procurement in
    respect of the award of supplies and works contracts, in particular as
    regards the information that the entity makes available to undertakings
    concerning its procurement intentions;
                                                                             - 21
 ---pagebreak---                                                                                2?
(b) communicates to the Commission, under conditions to be defined by the latter
    in accordance with Article 32, information relating to the award of
    contracts.
3.  As regards individual concessions or authorizations granted before the date
on which Member States apply this Directive in accordance with Article 37,
paragraphs 1(a), (b) and (c) shall not apply, provided that at that date other
entities are free to seek authorization for the exploitation of geographical
areas for the purpose of exploring for or extracting oil, gas, coal or other
solid fuels, on a non-discriminatory basis and in the light of objective
criteria.  Paragraph 1(d) shall not apply as regards conditions or requirements
established, applied or amended before the date referred to above.
4.  A Member State which wishes to apply paragraph 1 shall inform the Commission
accordingly.   In doing so, it shall inform the Commission of any law, regulation
or administrative provision, agreement or understanding relating to compliance
with the conditions referred to in paragraphs 1 and 2.
                                                                               22 -
 ---pagebreak---                                                                               ?<*-
The Commission shall take a decision in accordance with the procedure laid down
in Article 32(4) to (7).   It shall publish its decision, giving its reasons, in
the Official Journal of the European Communities.
It shall forward to the Council each year a report on the implementation of this
Article and review its applicaiton in the framework of the report provided for in
Article 36.
                                     Article 4
 1. When awarding supply or works contracts, the contracting entities shall apply
procedures which are adapted to the provisions of this Directive.
2.  Contracting entities shall ensure that there is no discrimination between
different suppliers or contractors.
3.  In the context of provision of technical specifications to interested
suppliers and contractors, of qualification and selection of suppliers or
contractors and of award of contracts, contracting entities may impose
requirements with a view to protecting the confidential nature of information
which they make available.
                                                                             - 23 -
 ---pagebreak---                                                                                ?$
4.  The provisions of this Directive shall not limit the right of suppliers or
contractors to require a contracting entity, in conformity with national law, to
respect the confidential nature of information which they make available.
                                    Article 5
1.  Contracting entities may regard a framework agreement as a contract within
the meaning of Article 1(3) and award it in accordance with this Directive.
2.  Where contracting entities have awarded a framework agreement in accordance
with this Directive, they may avail themselves of Article 15(2)(i) when awarding
contracts based on that agreement.
3.  Where a framework agreement has not been awarded in accordance with this
Directive, contracting entities may not avail themselves of Article 15(2)(i).
4.  Contracting entities may not misuse framework agreements in order to hinder,
limit or distort competition.
                                                                             - 24 -
 ---pagebreak---                                                                           3o
                                     Article 6
1.  This Directive shall not apply to contracts which the contracting entities
awaid for purposes other than the pursuit of their activities as described in
Article 2(2) or for the pursuit of such activities in a non-member
country, in conditions not involving the physical use of a network or geographical
area within the Community.
2.  However, this Directive shall apply to contracts awarded on behalf of the
entities which exercise an activity referred to in Article 2(2)(a)(i) and which:
(a) are connected with hydraulic engineering projects, irrigation or land
    drainage, provided that the volume of water intended for the supply of
    drinking water represents more than 20% of the total volume of water made •
    available by these projects or irrigation or drainage installations, or
(b) are connected with the disposal or treatment of sewage.
3.  The contracting entitles shall notify the Commission of any activities
they regard as covered by the above exclusion. The Commission shalI
periodically publish lists of the activities which It considers to be
covered by this exclusion, for information In the Official Journal of the
European Communities. In so doing, the Commission shall    take account of any
sensitive commercial aspects the contracting entitles may point out when
forwarding this information.
                                                                            - 25 -
 ---pagebreak---                                                                               31
                                    Article 7
1. The provisions of this Directive shall not apply to contracts awarded for
purposes of re-sale or hire to third parties, provided that the contracting
entity enjoys no special or exclusive right to sell or hire the subject of such
contracts and other entities are free to sell or hire it under the same
conditions as the contracting entity.
2.  The contracting entities shall notify the Commission at its request of all
the categories of products they regard as excluded under paragraph 1. The
Commission may periodically publish lists of the categories of activities which
it considers to be covered by this exclusion, for information in the Official
Journal of the European Communities.  In so doing, the Commission shall respect
any sensitive commercial aspects the contracting entities may point out when
forwarding this information.
                                    Article 8
 1. This Directive shall not apply to contracts which contracting entities
exercising an activity described in Article 2(2)Id) award for purchases intended
exclusively to enable them to provide one or more telecommunications services
where other entities are free to offer the same services in the same geographical
area and under substantially the same conditions.
                                                                             - 26 -
 ---pagebreak---                                                                                32
2.  The contracting entities shall notify the Commission at its request of any
services they regard as covered by the exclusion referred to in paragraph 1.   The
Commission may periodically publish the list of services which it considers to be
covered by this exclusion, for information in the Official Journal of the
European Communities.  In so doing, the Commission shall respect any sensitive
commercial aspects the contracting entities may point out when forwarding this
information.
                                    Article 9
1.  This Directive shall not apply to:
(a) contracts which the contracting entities listed in Annex I award for the
    purchase of water;
(b) contracts which the contracting entities specified in Annexes II, III, IV and
    V award for the supply of energy or of fuels for the production of energy.
2.  The Council shall re-examine the provisions of paragraph 1 when it has before
it a report from the Commission together with appropriate proposals.
                                    Article 10
This Directive shall not apply to contracts when they are declared to be secret
by the Member States, when their execution must be accompanied by special
security measures in accordance with the laws, regulations or administrative
provisions in force in the Member State concerned or when the protection of the
basic security interests of that State so requires.
                                                                             - 27 -
 ---pagebreak---                                                                               31
                                    Article 11
This Directive shall not apply to contracts governed by different procedural
rules and awarded:
1) pursuant to an international agreement concluded in conformity with the Treaty
   between a Member State and one or more third countries and covering supplies
   or works intended for the joint implementation or exploitation of a project by
   the signatory States; every agreement shall be communicated to the Commission,
   which may consult the Advisory Committee for Public Contracts set up by
   Council Decision 71/306/EEC     , as last amended by Decision 77/63/EEC
   or, in the case of agreements governing contracts awarded by entities
   exercising an activity defined in Article 2(2)(d), the Advisory Committee on
   Telecommunications Procurement referred to in Article 31;
2) to undertakings in a Member State or a third country in pursuance of an
   international agreement relating to the stationing of troops;
3) pursuant to the particular procedure of an international organization.
(1) OJ No L 185, 16.8.1971, p. 15.
(2) OJ No L 13, 15.1.1977, p. 15.
                                                                             - 28 -
 ---pagebreak---                                                                                3y
                                       Article 12
1.  This Directive shall apply to contracts whose estimated value, net of VAT, is
not less than:
(a) ECU 400 000 in the case of supply contracts awarded by entities exercising an
    activity defined in Article 2(2)(a), (b) and (c);
(b) ECU 600 000 in the case of supply contracts awarded by entities exercising an
    activity defined in Article 2(2)(d);
(c) ECU 5 000 000 in the case of works contracts.
2.  In. the case of supply contracts for lease, rental or hire-purchase, the basis
for calculating the contract value shall be:
(a) in the case of fixed-term contracts, where their term is twelve months or
    less, the estimated total value for the contract's duration, or, where their
    term exceeds twelve months, the contract's total value including the
    estimated residual value;
(b) in the case of contracts for an indefinite period or in cases where there is
    doubt as to the duration of the contracts, the anticipated total instalments
    to be paid in the first four years.
3.  Where a proposed supply contract expressly specifies option clauses, the
basis for calculating the contract value shall be the highest possible total
purchase, lease, rental or hire-purchase permissible, inclusive of the option
clauses.
                                                                             - 29 -
 ---pagebreak---                                                                             3s
4.  In the case of a procurement of supplies over a given period by means of a
series of contracts to be awarded to one or more suppliers or of contracts which
are to be renewed, the contract value shall be calculated on the basis of:
(a) the total value of contracts which had similar characteristics awarded over
    the previous fiscal year or twelve months, adjusted where possible for
    anticipated changes in quantity or value over the subsequent twelve months;
(b) or the aggregate value of contracts to be awarded during the twelve months
    following the first award or during the whole term of the contract, where
    this is longer than twelve months.
5.  The basis for calculating the value of a framework agreement shall be the
estimated maximum value of all the contracts envisaged for the period in
question.
6.  The basis for calculating the value of a works contract for the purposes of
paragraph 1 shall be the total value of the work.  "Work" shall mean the building
and engineering activities taken as a whole that are intended to fulfil an
economic function by themselves.
                                                                            - 30 -
 ---pagebreak---                                                                               3é>
In particular, where a supply or work is the subject of several lots, the value
of each lot shall be taken into account when assessing the value referred to in
paragraph 1.  Where the aggregate value of the lots equals or exceeds the value
laid down in paragraph 1, that paragraph shall apply to all the lots.  However,
in the case of works contracts, contracting entities may derogate from
paragraph 1 in respect of lots whose estimated value net of VAT is less than
ECU 1 000 000, provided that the aggregate value of those lots does not exceed
20% of the overall value of the lots.
7.  For the purposes of paragraph 1, contracting entities shall include in the
estimated value of a works contract the value of any supplies or services
necessary for the execution of the contract which they make available to the
contractor.
8.  The value of supplies which are not necessary for the execution of a
particular works contract may not be added to that of the contract with the
result of avoiding application of this Directive to the procurement of those
supplies.
9.  Contracting entities may not circumvent this Directive by splitting contracts
or using special methods of calculating the value of contracts.
                                                                             - 3^ -
 ---pagebreak---                                                                              39-
                                     TITLE II
                      TECHNICAL SPECIFICATIONS AND STANDARDS
                                    Article 13
1.  Contracting entities shall include the technical specifications in the
general documents or the contract documents relating to each contract.
2.  The technical specifications shall be defined by reference to European
specifications where these exist.
3.  In the absence of European specifications, the technical specifications
should as far as possible be defined by reference to other standards having
currency within the Community.
4.  Contracting entities shall define such further requirements as are necessary
to complement European specifications or other standards.   In doing so,
they shall prefer specifications that indicate performance requirements rather
than design or description characteristics unless the contracting entity has
objective reasons for considering that such specifications are inadequate for the
purposes of the contract.
                                                                             - 32 -
 ---pagebreak---                                                                                    3
5.  Technical specifications which mention goods of a specific make or source or
of a particular process, and which have the effect of favouring or eliminating
certain undertakings, shall not be used unless such specifications are
indispensable for the subject of the contract. In particular, the indication of
trade marks, patents, types, or specific origin or production shall be
prohibited; however, such an indication accompanied by the words "or equivalent"
shall be authorized where the subject of the contract cannot otherwise be
described by specifications which are sufficiently precise and fully intelligible
to all concerned.
6.   Contracting entities may derogate from paragraph 2 if:
(a)   it Is technically Impossible to establish satisfactorily the
      conformity of a product with these European specifications.
 (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     , or of Council Decision 87/95/EEC of 22 December 1986 on
     standardization in the field of information technology and
                         (2)
     telecommunications     ;
 (1) OJ No L 217, 5.8.1986, p. 21.
 (2) OJ No L 36, 7.2.1987, p. 31.
                                                                              - 33
 ---pagebreak---                                                                                 3<=?
(c) in the context of adapting existing practice to take account of European
    specifications, use of these specifications would oblige the contracting
    entity to acquire supplies incompatible with equipment already in use or
    would entail disproportionate cost or disproportionate technical difficulty.
    Contracting entities which have recourse to this derogation
    shall do so only as part of a clearly defined and recorded strategy with <•
    view to a change-over to European specifications;
(d) the relevant European specification is inappropriate for the particular
    application or does not take account of technical developments which have
    come about since its adoption.  Contracting entities which have recourse to
    this derogation shall inform the appropriate standardizing organization, or
    any other body empowered to review the European specification, of the reasons
    why they consider the European specification to be inappropriate and shall
    request its revision;
(e) the project is of a genuinely innovative nature for which use of European
    specifications would not be appropriate.
7.  Notices published pursuant to Article 16(1)(a) or Article 16(2)(a) shall
indicate any recourse to the derogations referred to in paragraph 6.
8.  This Article shall be without prejudice to compulsory technical rules insofar
as these are compatible with Community law.
                                                                             - 34
 ---pagebreak---                                                                                Mo
                                    Article 14
1.  Contracting entities shall make available on demand to suppliers or
contractors interested in obtaining a contract the technical specifications
regularly referred to in their supply or works contracts or the technical
specifications which they intend to apply to contracts covered by periodic
information notices within the meaning of Article 17.
2.  Where such technical specifications are based on documents available to
interested suppliers or contractors, a reference to those documents shall be
sufficient.
                                     TITLE III
                      PROCEDURES FOR THE AWARD OF CONTRACTS
                                    Article 15
1.  Contracting entities may choose any of the procedures described in
Article 1(6), provided, subject to paragraph 2, a call for competition has been
made in accordance with Article 16.
                                                                             - 35 -
 ---pagebreak---                                                                                  u
                                                                                   )
2.  Contracting entities may use a procedure without prior call for competition
in the following cases:
(a) in the absence of tenders or suitable tenders in response to a procedure with
    a prior call for competition, provided that the original contract condition?
    have not been substantially changed;
(b) where a contract is purely for the purpose of research, experiment, study or
    development and not for the purpose of ensuring profit or of recovering
    research and development costs;
(c) when, for technical or artistic reasons, or for reasons connected with
    protection of exclusive rights, the contract may be executed only by a
    particular supplier or contractor;
(d) insofar as is strictly necessary when, for reasons of extreme urgency brought
    about by events unforeseeable by the contracting entities, the time limits
    laid down for open and restricted procedures cannot be adhered to;
(e) in the case of supply contracts for additional deliveries by the original
    supplier which are intended either as a partial replacement of normal
    supplies or installations or as the extension of existing supplies or
    installations, where a change of supplier would oblige the contracting entity
    to acquire material having different technical characteristics which would
    result in incompatibility or disproportionate technical difficulties in
    operation and maintenance;
                                                                             - 36 -
 ---pagebreak--- (f) for additional works not included in the project initially awarded or in the
    contract first concluded but which have, through unforeseen circumstances,
    become necessary for the execution of the contract, on condition that the
    award is made to the contractor executing the original contract:
    - when such additional works cannot be technically or economically separated
      from the main contract without great inconvenience to the contracting
      enti ties;
    - or when such additional works, although separable from the execution of the
      original contract, are strictly necessary to its later stages;
(g) in the case of works contracts, for new works consisting of the repetition of
    similar works entrusted to the contractor to which the same contracting
    entities awarded an earlier contract, provided that such works conform to a
    basic project for which a first contract was awarded after a call for
    competition.    As soon as the first project is put up for tender, notice must
    be j'.iven that this procedure might be adopted and the total estimated cost of
    subsequent works shall be taken into consideration by the contracting
    entities when they apply the provisions of Article 12;
(h) for supplies quoted and purchased on a commodity market;
(i) for contracts to be awarded on the basis of a framework agreement, provided
    that the condition referred to in Article 5(2) is fulfilled;
                                                                              - 37 -
 ---pagebreak---                                                                                ^3
(j) for bargain purchases, where it is possible to procure supplies taking
    advantage of a particularly advantageous opportunity available for a very
    short space of time at a price considerably lower than normal markei prices;
(k) for purchases of goods under particularly advantageous conditions either from
    a supplier definitively winding up his business activities or from the
    receivers or liquidators of a bankruptcy, an arrangement with creditors or a
    similar procedure under national laws or regulations.
                                    Article 16
1. A call for competition may be made:
(a) by means of a notice drawn up in accordance with Annex XII A, B or C, or
(b) by means of a periodic indicative notice drawn up in accordance with
    Annex XIV, or
(c) by means of a notice on the existence of a qualification system drawn up in
    accordance with Annex XIII.
                                                                             - 38 -
 ---pagebreak--- 2. When a call for competition is made by means of a periodic indicative notice:
(a) the notice must refer specifically to the supplies or works which will be the
    subject of the contract to be awarded;
(b) the notice must indicate that the contract will be awarded by restricted or
    negotiated procedure without further publication of a notice of a call for
    competition and invite interested undertakings to express their interest in
    writing;
(c) contracting entities shall subsequently invite all candidates to confirm
    their interest on the basis of detailed information on the contract concerned
    before beginning the selection of tenderers or participants in negotiations.
3.  When a call for competition is made by means of a notice on the existence of
a qualification system, tenderers in a restricted procedure or participants in a
negotiated procedure shall be selected from the qualified candidates in
accordance with such a system.
4.  The notices referred to in this Article shall be published in the Official
Journal of the European Communities.
                                                                             - 39 -
 ---pagebreak---                                                                                  vs
                                      Article 17
1.    Contracting entitles shall make known, at least once a year     , by
means of a periodic Indicative notice:
 (a) in the case of supply contracts, the total of the contracts for each product
     area of which the estimated value, taking into account the provisions of
     Article 12, is equal to or greater than ECU 750 000, and which they intend t <
     award over the following twelve months;
 (b) in the case of works contracts, the essential characteristics of the works
     contracts which the contracting entities intend to award, the estimated value
     of which is not less than the threshold laid down in Article 12(1).
 2.  The notice shall be drawn up in accordance with Annex XIV and published in
 the Official Journal of the European Communities.
 3. Where the notice Is used as a means of calling for competition In
 accordance with Article 16(1 M b ) t It must have been published not more than
 12 months prior to the date on which the invitation referred to in Article
 16(2)(c) Is sent. Moreover, the contracting entity shall meet the deadlines
Jaid down In Ar11cIe ^UTTT:               •     —
 4.  Contracting entities may, in particular, publish periodic indicative notices
 relating to major projects without repeating information previously included in a
 periodic indicative notice, provided it is clearly stated that such notices are
 additional notices.
                                                                              - 40
 ---pagebreak---                                                                                VG
                                   Article 18
1.  Contracting entities which have awarded a contract shall communicate to the
Commission, within two months of the award of the contract and under conditions
to be laid down by the Commission in accordance with the procedure laid down in
Article 32, the results of the awarding procedure by means of a notice drawn up
in accordance with Annex XV.
2.  Information provided under Section I of Annex XV shall be published in the
Official Journal of the European Communities. In this connection the Commission
shall respect any sensitive commercial aspects the contracting entities may point
out when forwarding this information in connection with points 6 and 9 of
Annex XV.
3.  Information provided under Section II of Annex XV must not be published
except, in aggregated form, for statistical purposes.
                                    Article 19
1.  The contracting entities must be able to supply proof of the date of dispatch
of the notices referred to in Articles 15 to 18.
                                                                            - 41 -
 ---pagebreak---                                                                                 V?
2.  The notices shall be published in full in their original language in the
Official Journal of the European Communities and in the TED data bank.   A summary
of the important elements of each notice shall be published in the other official
languages of the Community, the original text alone being authentic.
3.  The Office for Official Publications of the European Communities shall
publish the notices not later than twelve days after their dispatch.   In
exceptional cases it shall endeavour to publish the notice referred to in
Article 16(1)(a) within five days in response to a request by the contracting
entity and provided the notice has been sent to the Office by electronic mail,
telex or telefax.  Each edition of the Official Journal of the European
Communities which contains one or more notices shall reproduce the model notice
or notices on which the published notice or notices are based.
4.  The cost of publication of the notices in the Official Journal of the
European Communities shall be borne by the Communities.
5.  Contracts in respect of which a notice is published in the Official Journal
of the European Communities pursuant to Article 16(1) shall not be published in
any other way before that notice has been dispatched to the Office for Official
Publications of the European Communities.  Such publication shall not contain
information other than that published in the Official Journal of the European
Communi ties.
                                                                             - 42
 ---pagebreak---                                                                                V8
                                    Article 20
1.  In open procedures the time limit for the receipt of tenders shall be fixed
by contracting entities at not less than 52 days from the date of dispatch of the
notice.  This time limit may be shortened to 36 days where contracting entities
have published a notice in accordance with Article 17(1).
2.  In restricted procedures and in negotiated procedures with a prior call for
competition, the following arrangements shall apply:
(a) the time limit for receipt of requests to participate, in response to a
    notice published in accordance with Article 16(1)(a) or in response to an
    invitation from a contracting entity in accordance with Article 16(2)(c),
    shall, as a general rule, be at least five weeks from the date of dispatch" of
    the notice and shall in any case not be less than the time limit for
    publication laid down in Article 19(3) plus 10 days;
(b) the time limit for receipt of tenders may be fixed by mutual agreement
    between the contracting entity and the selected candidates, provided that all
    tenderers are given equal time to prepare and submit tenders;
                                                                             - 43 -
 ---pagebreak---                                                                                 V5
(c) where it is not possible to reach agreement on the time limit for the receipt
    of tenders, the contracting entity shall fix a time limit which shall, as a
    general rule, be at least three weeks and shall in any case not be less than
    10 days from the date of the invitation to tender; the time allowed shall be
    sufficiently long to take account in particular of the factors mentioned in
    Article 22(3).
                                    Article 21
In the contract documents, the contracting entity may ask the tenderer to
indicate in his tender any share of the contract he may intend to subcontract to
third parties.
This indication shall be without prejudice to the question of the principal
contractor's responsibility.
                                    Article 22
1.  Provided they have been requested in good time, the contract documents and
supporting documents must be sent to the suppliers or contractors by the
contracting entities as a general rule within six days of receipt of the
application.
2.  Provided it has been requested in good time, additional information relating
to the contract documents shall be supplied by the contracting entities not later
than six days before the final date fixed for receipt of tenders.
                                                                            - 44 -
 ---pagebreak---                                                                               s.
3.  Where tenders require the examination of voluminous documentation such as
lengthy technical specifications, a visit to the site or an on-the-spot
inspection of the documents supporting the contract documents, this shall be
taken into account in fixing the appropriate time limits.
4.  Contracting entities shall invite the selected candidates simultaneously and
in writing.  The letter of invitation shall be accompanied by the contract
documents and supporting documents.  It shall include at least the following
information:
(a) the address from which any additional documents can be requested, the final
    date for such requests and the amount and methods of payment of any sum to be
    paid for such documents;
(b) the final date for receipt of tenders, the address to which they must be sent
    and the language or languages in which they must be drawn up;
(c) a reference to any tender notice published;
(d) an indication of any document to be annexed;
(e) the criteria for the award of the contract if these are not given in the
    notice;
(i) any other special condition for participation in the contract.
                                                                             - 45 -
 ---pagebreak---                                                                                     ^
5. Requests for participation in contracts and invitations to tender must be made
   by the most rapid means of communication possible.    When requests to
   participate are made by telegram, telex, telefax, telephone or any electronic
   means, they must be confirmed by letter dispatched before the expiry of the
   time limit referred to in Article 20(1) or of the time limits set by
   contracting entities pursuant to Article 20(2).
                                      Article 23
1.  The contracting entity may state in the contract documents, or be obliged by
a Member State so to do, the authority or authorities from which a tenderer 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 works are to be executed and which shall
be applicable to the works carried out on site during the performance of the
contract.
2.  A contracting entity 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 work is to be carried out.
This shall be without prejudice to the application of the provisions of
Article 27(5) concerning the examination of abnormally low tenders.
                                                                               - 46
 ---pagebreak---                                                                              sz
                                     TITLE IV
                        QUALIFICATION, SELECTION AND AWARD
                                    Article 24
1.  Contracting entities which so wish may establish and operate a system of
qualification of suppliers or contractors.
2.  The system, which may involve different qualification stages, shall operate
on the basis of objective rules and criteria to be established by the contracting
entity.  The contracting entity shall use European standards as a reference where
they are appropriate.  These rules and criteria may be updated as required.
3.  The rules and criteria for qualification shall be made available on request
to interested suppliers or contractors.   The updating of these criteria and rules
shall be communicated to the interested suppliers and contractors.   Where a
contracting entity considers that the qualification or certification system of
certain third entities or bodies meet its requirements, it shall communicate to
interested suppliers and contractors the names of such third entities or bodies.
4.  Contracting entities shall inform applicants of their decision as to
qualification within a reasonable period.   If the decision will take longer than
six months from the presentation of an application, the contracting entity shall
inform the applicant, within two months of the application, of the reasons
justifying a longer period and of the date by which its application will be
accepted or refused.
                                                                             - 47
 ---pagebreak---                                                                                    ^J
5.   In reaching their decison as to qualification or when the criteria and rules
are being updated, contracting entities may not:
- impose conditions of an administrative, technical or financial nature on some
   suppliers or contractors that are not imposed on others;
- require tests or proof that duplicate objective evidence already available.
6.   Applicants whose qualification is refused shall be informed of this decision
and the reasons for refusal.   The reasons must be based on the criteria for
qualification referred to in paragraph 2.
7.   A written record of qualified suppliers or contractors shall be kept, and it
may be divided into categories according to the type of contract for which the
qualification is valid.
8.   Contracting entities may bring the qualification of a supplier or contractor
to an end only for reasons based on the criteria referred to in paragraph 2.   The
intention to bring qualification to an end must be notified in writing to the
supplier or contractor beforehand, together with the reason or reasons justifying
the proposed action.
                                                                             - 48
 ---pagebreak---                                                                                 rV
9.  The qualification system shall be the subject of a notice drawn up in
accordance with Annex XIII and published in the Official Journal of the European
Communities, indicating the purpose of the qualification system and
the availability of the rules concerning its operation.  Where the system is of a
duration greater than three years, the notice shall be published annually.  Where
the system is of a shorter duration, an initial notice shall suffice.
                                    Article 25
1.  Contracting entities which select candidates to tender in restricted
procedures or to participate in negotiated procedures shall do so according to
objective criteria and rules which they lay down and which they shall make
available to interested suppliers or contractors.
2.  The criteria used may include the criteria for exclusion specified in
Article 23 of Directive 71/305/EEC and in Article 20 of Directive 77/62/EEC.
3.  The criteria may be based on the objective need of the contracting entity to
reduce the number of candidates to a level which is justified by the need to
balance the particular characteristics of the contract award procedure and the
resources required to complete it.  The number of candidates selected must,
however, take account of the need to ensure adequate competition.
                                                                             - 49 -
 ---pagebreak---                                                                                 5 J-
                                    Article 26
Groupings of suppliers or contractors shall be permitted to tender or negotiate.
The conversion of such groupings into a specific legal form shall not be required
in order to submit a tender or to negotiate, but the grouping selected may be
required so to convert itself once it has been awarded the contract where such
conversion is necessary for the proper performance of the contract.
                                    Article 27
1.  The criteria on which the contracting entities shall base the award of
contracts shall be:
(a) the most economically advantageous tender, involving various criteria
    depending on the contract in question, such as: delivery or completion date,
    running costs, cost-effectiveness, quality, aesthetic and functional
    characteristics, technical merit, after-sales service and technical
    assistance, commitments with regard to spare parts, security of supplies and
    price, or
(b) the lowest price only.
2.  In the case referred to in paragraph 1(a), contracting entities shall state
in the contract documents or in the tender notice all the criteria they intend to
apply to the award, where possible in descending order of importance.
                                                                            - 50 -
 ---pagebreak---                                                                              ^<r
3.  Where the criterion for the award of the contract is that of the most
economically advantageous tender, contracting entities may take account of
variants which are submitted by a tenderer and meet the minimum specifications
required by the contracting entities.  Contracting entities shall state in the
contract documents the minimum specifications to be respected by the variants
and any specific requirements for their presentation.  Where variants are not
permitted, they shall so indicate in the contract documents.
4.  Contracting authorities may not reject the presentation of a variant on the
sole ground that it was drawn up on the basis of technical specifications defineo
with reference to European specifications or to national technical specifications
recognized as complying with the essential requirements within the meaning of
Directive 89/106/EEC.
5.  If, for a given contract, tenders appear abnormally low in relation to the
services, the contracting entity shall, before it may reject those tenders,
request in writing details of the constituent elements of the tender which it
considers relevant and shall verify those constituent elements taking account of
the explanations received.  It may set a reasonable period within which to reply.
The contracting entity may take into consideration explanations which are
justified on objective grounds relating co the economy of the construction or
production method, or the technical solutions chosen, or the exceptionally
favourable conditions available to the tenderer for the execution of the
contract, or the originality of the product or the work proposed by the tenderer.
                                                                            - 51 -
 ---pagebreak---                                                                                 ^
Contracting entities 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.  Contracting entities which reject a tender under these
circumstances shall inform the Commission thereof.
                                    Article 28
1.  Article 27(1) shall not apply where a Member State bases the award of
contracts on other criteria within the framework of rules in force at the time of
adoption of this Directive whose aim is to give preference to certain tenderers,
provided the rules invoked are compatible with the Treaty.
2.  Without prejudice to paragraph 1. this Directive shall not prevent, until
31 December 1992, the application of national provisions in force on the award of
supply or works contracts which have as their objective the reduction of regional
disparities and the promotion of job creation in disadvantaged regions or those
suffering from industrial decline, provided that the provisions concerned are
compatible with the Treaty and with the Community's international obligations.
                                                                            - 52
 ---pagebreak---                                                                               sg
                                     Ail l c J
 1^.  This article shall apply to tenders from third countries with which the
 Community has not concluded multIlateraIly or bilaterally, an agreement
 ensuring comparable and effective access for Community undertakings to the
 markets of those third countries. It is without prejudice to the
 obligations of the Community or Its Member States In respect of third
 countrles.
2.   Any tender made for the award of a supply contract may be rejected
where the proportion of the products originating    in third
countries determined    in accordance with Council Regulation (EEC) No. 802/68
of 27 June 1968 on the common definition of the concept of the origine of
goods< 1 >, in the total value of the products constituting the tender
exceeds 50%. For the purposes of this Article, software used in the
equipment of telecommunication networks shall be considered as products.
 3.   Subject to paragraph 4, where two or more tenders are equivalent   in
 the light of the award criteria defined In Article 27, preference shall be
 given to the tenders which may not be rejected pursuant to paragraph 2.
 The prices of         tenders shall be considered equivalent for the
 purposes of this Article, if the price difference does not exceed 3%.
jL    However, a tender shall not be preferred to another pursuant to
 paragraph 3 where Its acceptance would oblige the contracting entity to
 acquire material having technical characteristics different from those of
ex 1sting materlal, resulting In IncompatIblMty or technical     difficulties
 in operation and maintenance, or disproportionate costs.
( M OJ No L 148. 28. 6.1968, p.    1
                                                                            - 53 -
 ---pagebreak---                                                                               S3
5.  For the purposes, In this Article, of_ determining the proportIon
referred to in paragraph 2 of products originating In third countries
those third countries to which the benefit of the provisions of this
Directive has been extended by a Council decision in accordance with
paragraph 1 shall not be taken Into account.
6. The Commission shall submit an annual report to the Council (for the
first time in the second half of 1991) on progress made In multilateral or
bilateral negotiations regarding access for Community undertakings to the
markets of third countries In the fields covered by this Directive, on any
result which such negotiations may have achieved, and on the implementation
In practice of all the agreements which have been concluded.
The Council, acting by a qualified majority on a proposal from the
Commission, may amend the provisions of this Article in the light of such
developments.
                                                                            - 54 -
 ---pagebreak---                                                                             GO
                                      TITLE V
                                  FINAL PROVISIONS
                                     Article 30
1.  The value in national currencies of the thresholds specified in Article 12
shall in principle be revised every two years with effect from the date provided
for in Directive 77/62/EEC as far as the thresholds for supply and software
service contracts are concerned and from the date provided for in
Directive 71/305/EEC as far as the thresholds for works contracts are concerned.
The calculation of such value shall be based on the average daily values of those
currencies expressed in ECU over the 24 months terminating on the last day of
October preceding the rev-ision with effect from 1 January. The values shall be
published in the Official Journal of the European Communities at the beginning of
November.
2.  The method of calculation laid down in paragraph 1 shall be examined pursuant
to the provisions of Directive 77/62/EEC.
                                     Article 31
 I. The Commission shall be assisted, as regards procurement by the contracting
entities exercising an activity defined in Article 2(2)(d), by a Committee of
anadvisory nature which shall be the Advisory Committee on Telecommunications
Procurement.  The Committee shall be composed of representatives of the Member
States and chaired by a representative of the Commission.
                                                                            - 55 -
 ---pagebreak---                                                                                SI
2.   The Commission shall consult this Committee on
(a) amendments to Annex X;
(b) revision of the currency values of the thresholds;
(c) the rules concerning contracts awarded under international agreements;
(d) the review of the application of this Directive;
(e) the procedures described in Article 32(2) relating to notices and statistical
     accounts.
                                        Article 32
 1.  Annexes I to X shall be revised in accordance with the procedure laid down in
paragraphs 3 to 7 with a view to ensuring that they fulfil the criteria of
Article 2.
 2.   The conditions for the presentation, dispatch, reception, translation,
keeping and distribution of the notices referred to in Articles 16, 17 and 18 and
 of the statistical reports provided for in Article 34 shall be established, for
 the purposes of simplification, in accordance with the procedure laid down in
paragraphs 3 to 7.
 3.   The revised Annexes and the conditions referred to in paragraphs 1 and 2
 shall be published in the Official Journal of the European Communities.
                                                                               - 56 -
 ---pagebreak---                                                                               Gc
4.  The Commission shall be assisted by the Advisory Committee for Public
Contracts and, in the case of the revision of Annex X, by the Advisory Committee
on Telecommunications Procurement provided for in Article 31 of this Directive.
5.  The Commission representative shall submit to the Committee a draft of the
decisions 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.
6.  The opinion shall be recorded in the minutes; in addition, each Member State
shall have the right to ask for its position to be recorded in the minutes.
7.  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.
                                    Article 33
 1. Contracting entities shall keep appropriate information on each contract
which shall be sufficient to permit them at a later date to justify decisions
taken in connection with:
(a) the qualification and selection of contractors  or suppliers and award of
    contracts ;
(b) recourse to derogations from the use of European specifications in accordance
    with Article 13(6);
                                                                             - 57 -
 ---pagebreak---                                                                                  63
(c) use of procedures without prior call for competition in accordance with
     Article 15(2);
(d) non-application of Titles II, III and IV in accordance with the derogations
     provided for in Title 1.
2.   The information shall be kept for at least 4 years from the date of award of
the contract so that the contracting entity will be able, during that period, to
provide the necessary information to the Commission if it so requests.
                                     Article 34
1.   The Member States shall ensure that each year, in accordance with the
arrangements to be laid down under the procedure provided for in Article 32(3)
to (7), the Commission receives a statistical report concerning the total value,
broken down by Member State and each category of activity to which Annexes I to X
refer, of the contracts awarded below the thresholds defined in Article 12 which
would, if they were not below those thresholds, be covered by this Directive.
2.   Arrangements shall be fixed in accordance with the procedure referred to in
Article 32 to ensure that:
(a) in the interests of administrative simplification, contracts of lesser value
     may be excluded, provided that the usefulness of the statistics is not
     jeopardized;
 (b) the confidential nature of the information provided is respected.
                                                                              - 58 -
 ---pagebreak---                                                                                 6y
                                    Article 35
1. Article 2(2) of Directive 77/62/EEC is hereby replaced by the following:
"2.  This Directive shall not apply to:
 (a) contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of
     Council Directive 90/.../EEC of        on the procurement procedures of
     entities operating in the water, energy, transport and telecommunications
     sectors (+) or fulfilling the conditions in Article 6(2) of the said
     Direct ive;
 (b) supplies which are declared secret or when their delivery must be
     accompanied by special security measures in accordance with the laws,
     regulations or administrative provisions in force in the Member State
     concerned or when the protection of the basic interests of that State's
     security so requires.
 (•) OJ No L            , p.
2.  Article 3(4) and (5) of Directive 71/305/EEC is hereby replaced by the
following:
"4.  This Directive shall not apply to contracts awarded in the fields referred
 to in Articles 2, 7, 8 and 9 of Council Directive .../.../EEC of        on the
 procurement procedures of entities operating in the water, energy, transport and
 telecommunications sectors (•) or fulfilling the conditions in Article 6(2) of
 the said Directive.
 (•) OJ No L. . . ,          p.
                                                                                59 -
 ---pagebreak---                                                                                6S
                                    Article 36
Not later than four years after the application of this Directive, the
Commission, acting in close co-operation with the Advisory Committee for Public
Contracts, shall review the manner in which this Directive has operated and its
field of application and, if necessary, make further proposals to adapt it, in
the light of developments concerning in particular progress in market opening and
the level of competition.  In the case of entities exercising an activity defined
in Article 2(2)(d), the Commission shall act in close co-operation with the
Advisory Committee on Telecommunications Procurement.
                                     Article 37
 1. Member States shall adopt the measures necessary to comply with this
Directive by 1 July 1992. They shall forthwith inform the Commission thereof.
2.  Member States may stipulate that the measures referred to in paragraph 1
shall apply only from 1 January 1993.
Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be
replaced by 1 January 1996. As regards the Hellenic Republic and the
Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998.
                                                                             - 60 -
 ---pagebreak---                                                                             €S
3. Council Recommendation 84/550/EEC of 12 November 1984 concerning the first
phase of opening up access to public telecommunications contracts     shall ceas?
to have effect as from the date on which this Directive is applied by the Member
States.
                                    Article 38
Member States shall communicate to the Commission the text of the main provisions
of national law, whether laws, regulations or administrative provisions, which
they adopt in the field governed by this Directive.
                                    Article 39
This Directive is addressed to the Member States.
Done at Brussels,
                                                    For the Council
                                                     The President
(1) OJ No L 298, 16.11.1984, p. 51
                                                                            - 61 -
 ---pagebreak---                                                                                                                ^
                                             ANNEXES
Annex   I       : Production, transport or distribution of drinkin.ec
                   water
Annex   II      : Production, transport or distribution of
                   electricity
Annex   III     : Transport or distribution of gas or heat
Annex IV           Exploration for and extraction of oil or gas
Annex V            Exploration for and 'extraction of coal or other
                   solid fuels
 Annex VI           ContractIng e n t I t l e s In the f i e l d of ralIway s e r v i c e s
Annex VII           Contracting e n t i t l e s In the f i e l d                 of   urban       railway,
                    tramway, t r o l l e y , bus or bus s e r v i c e s
 Annex  VI I I      Contracting e n t i t l e s In the f i e l d of a i r p o r t        facilities
 Annex  IX          Contracting e n t i t l e s in the f i e l d of maritime or                     Inland
                    port or other terminal f a c i l i t i e s
 Ar"-ex X           O p e r a t Ion o f t e l e c o m m u n i c a t i o n s n e t w o r k s o r p r o v i s i o n
                    o f t e l «communicate, on G s e r v i c e s
 Annex  XI          L i s t ol' D r o f t s s i o n a l a c t i v i t i e s a s s e t o u t i n t h e
                    g e n e r a l i n d u s t r i a l c l a s s i f i c a t i o n of economic a c t i v i t i e s
                    w i t h i n the European Communities
 Anrex   XI i    :  A. Open p r o c e d u r e s
                     B. Restricted procedures
                    C. Negotiated procedures
 Annex   XI : I      Notice on the e x i s t e n c e of a q u a l i f i c a t i o n system
 Annex   Xl\i    : Periodic         information           Notice             A. F o r s u p p l y   contracts
                                                                             B.  For works         contracts
  Annex XV           Notice on c o n t r a c t s        awarded
 Annex XVI           Amendments of the European Parliament not accepted by
                    the Commission
 ---pagebreak---                                                                                                £8
                                                                                           ANNEX I
          Production,    transport  or distribution      of drinking    water
Belgium
Entity set up pursuant to the Décret du 2 Juillet                1987 de Im Région
Wallonne érigeant en entreprise          régionale    de production et       d'eduction
d'eau le service du ministère de la région charoé de la production et
du grand transport       d'eau.
Entity    set   up pursuant to the Arrêté             du 23    avril    1986     portant
Constitution      d'une société wallone de distribution          d'eau.
Entity set up pursuant to the Arrêté du 17 Juillet               1985 de      l'Exécutif
flamand portant        fixation    des status       de la société        flamande      de
distribution      d'eau.
Entitles    producing or distributing       water and set up pursuant       to the Loi
relative    aux Intercommunales du 22 décembre 1986.
Entitles    producing or distributing         water set up pursuant to the Code
Communal. art. 147 bis, ter et ouater sur les régies communales.
Denmark
Entitles     producing or distributing         water referred     to In Article         3.
paragraph 3 of LovDevenctorirelsQ-om vanciforsvninQ m.v. af 4 juli 196*5
Germany
Entitles       producing      or   distributing        water    pursuant      to      the
EIgenbetr/cfrsa'erordnungen      or     fiigenbetriebsgesetze   of the Lffnder.
(Kommunale Eigenbetriebe).
 (ANNEX I )                                                                                -  1 -
 ---pagebreak---                                                                                                         <s°>
  Entitles    producing     or distributing        water pursuant         to the Gesetze        Ober
  die Kommunale Gemclnschaftsorbclt              Oder Zusammenarbelt          of the     Lender.
  Entitles    producing       water    pursuant      to the Cesetz           uber Wasser-        und
  Bodcnvcrbënde      vo» TO. Februar          7937 and the           erste     Verordnung       Qber
  Wasser- und Bodenverb&nde vo» 3. September                   1937.
  (Reglebetrtebe)        producing      or    distributing        water      pursuant      to     the
  fommunalgesetze and net ably with the Gemeindrorthungen der Lander.
  Entitles    set up .pursuant        to the Aktlengesetz             vom   6. September        1965 zuletzt
  gciindcrt   19. Dezember 1985 or GmbH-Gcsetz vom 20.                      Mal 7a98zulstzt saândért.
  15. Mal 1986 or having            the legal      status     of a          KommandltoeselIschaft.
  producing or distributing            water on the basis of a             special contract vith
                regional     or local         authorities.
  Greece
  The Water Company of Athens /               ETCH pi o Y6peùocMÇ- A W O X C T C Û O E W Ç npMTçuoùonç,
  set up pursuant       to the law 1068/80 of 23 August 7960.
  The Water Company of Salonlca/              Opvoviopoc YôpcOoewe, BeooaXoviKnç
  operating    pursuant     to the presidential         decree       61/1988.
  The Wcter Company of Volos I ETOtpîa Y6pe6oeuç BOXou
  operating    pursuant     to the law        890/1979.
  Municipal Companies / An,uQTtKfcç EmxctPQOeiç, 66peuon.Ç~c*oxfcTcuonç
  producing or distributing           water and set up pursuant             to the law        1069/80
  of 23 August 1980.
  Associations       of    local     authorities        Clûvôeopot 'Y6peuon1ç>              operating
  pursuant to the Code of local authorities                  QCW6IKQÇ, Ltyjuv KQI KotvoTnTwv)
   implemented by Presidential         Decree       76/1985.
(ANNEX i)                                                                                           - ?
 ---pagebreak---                                                                                                            =?o
Spain
   Entities producing or distributing vater pursuant to the Ley No 7/1983
   de 2 Abril de 1983 Reguladora de las Bases del Regimen local and to the
   Decreto Real No 781/1986 Texto Rofundido Regimen local.
   Canal de Isabel II. Ley de la Comunidad Aut6noma de Madrid
   de 20 de diciembre de 198**.
    Mancomunidad de los Canales del Taibilla, Ley de 27 de
   abril de 19*»6.
France
Entitles     producing      or distributing         water   pursuant      to    the:
Dispositions         Générales     sur    les     régies    Code des        Communes L 323-1             à
L 328-8.      R 323-1 A R 323-6 (Dispositions                générales      sur tes         régies).
Code des Communes L 323-8             R 323-4      (Régies    directes      (ou de fait);        or
Décret-lot       du 28 décembre 1926. Règlement d'Administration                          publique     du
17 février       1930. Code des Communes L 323-10 è L 323-13 R 323-75                            A   323-
132 (Régies        A simple autonomie         financière);        or
Code des       Communes L 323-9.         R 323-7       è R 323-74.        Décret      du   79 octobre
 7 959
(Régies     A personnel     I té morale     et   è autonomie       financière);        or
Code des       Communes L 324-1           A L 324-6.         R 324-1       A R 324-13         (Gest   Ion
déléguée,      concession et affermage):              or
Jurisprudence         administrative,       circulaire        Intérieur      du 13 décembre          1975
(gérance);       or
Code des Communes R 324-6.                Circulaire        Intérieur       du   13 décembre         1975
(Régie     Intéressée);       or
Circulaire        Intérieur     du  13 décembre         1975   (Exploitation         aux   rtSQues      et
périls);      or
Décret      du 20 mal 1955.             loi     du 7 Juillet           1983 sur        les       sociétés
d'économie       mixte (participation           A une société        d'économie       mixte);     or
 (ÀU11EX i)                                                                                                - 3 -
 ---pagebreak---                                                                                                            Il
  Code des Communes L 322-1 A L 322-6.                      R 322-7 é R 322-4             (dispositions
  communes, aux régies,           concessions et            affermages).
  Ireland
  Entitles     producing     or distributing           water pursuant     to   The    Local
  Government ( S a n i t a r y S e r v i c e s ) Act 1878 t o 1964..
  Italy
  Entitles     producing      or distributing           water pursuant      to the Teato Un too
  del le leggl      sut I'assunzlone         dlretta     del pubbllet    servlzl       da parte     del
  comunl e dette province            apprpvato       con Reglo Décreto      15 ottobre       1925.    n.
  257B and to the Dccreto del P.R. n' 902 del 4 ottobre                          1986.
  Ente    Autonomo Acgucdotto            Pugflese      set   up pursuant      to    RDL 79 ottofere
  79T9. n' 2060.
  Ente     Acguedottl        Sicilian/          set    up    pursuant    to      legal     regional     I
  4 settembre       1979. n' 2/2e 9 agosto             1980. n'    81.
  Ente Sardo       Acouedottl       e Fognature         set  up pursuant      to    Icooe   S     tuglto
  1963 n' 9.
  Luxembourg
  Local    authorities      distributing           water.
  Associations        of local      authorities       producing     or distributing        water     set
  up pursuant        to the Loi du 14 février               1900 concernant        la création      des
  syndicats      de communes telle           qu'elle     a été modifiée     et complétée       par     la
  Loi du 23 décembre 1958 et par la Loi du 29 Juillet                        1961 and       pursuant
(ANNEX I)                                                                                             - t) -
 ---pagebreak---                                                                                                         3<L
to the Lot du 31 Juillet               1962 ayant       pour objet        le renforcement        de
l'ai I ment at Ion en eau potable         du GRAND DUCHE DU LUXEMBOURG à partir                    du
réservoir       d'ESCH-SUR-SURE.
Netherlands
Entitles        producing        or    distributing          water       pursuant        to     the
Waterleldingwet         van 6 aprtl      1957 amended by the Wet ten van 30 Junt
1967. 10 September           1975. 23 Junl 1976. 30 September                 1981. 25      Januart
1984. 29 Januart          1986.
Portugal
Empresa     Pubtlca       das Agues Livres          producing       or    distributing        water
pursuant     to the Decreto Let 190/81.               04.07.1981.
Local    authorities      producing    or distributing         water
United    Kingdom
                          Water     companies      producing       or     distributing        water
pursuant     to   the Water Acts 1945. c.nà 19C9.
The Central        Scotland     Water  Development       Board producing          water   and the
water author It les producing          or distributing       water pursuant          to the Water
(Scotland)      Act    1980.
The Department        of the Environment        for Northern        Ireland     responsible     for
producing      and dlstrI butIng       water    pursuant      to   the Water and           Sewerage
(Northern      Ireland)    Order    1973
 (ANNEX 1)                                                                                            - 5 -
 ---pagebreak---                                                                                    ANNEX II
                                                                                               Ij,
            Production,      transport     or distribution       of      electricity
Belgium
Entitles    producing, transporting           or distributing        electricity       pursuant
to Article     5 : Des régies communales et Intercommunales of the Loi du
10 mars 1925 sur les Distributions             d'Energie         Electrique.
Entitles    transporting       or distributing       electricity      pursuant     to the     tot
relative   aux Intercommunales du 22 décembre 1986.
EBES. I NT EROOM. UNERG and other entitles                    producing,      transporting        or
distributing      electricity       and granted a concession for                     distribution
pursuant to Article        8 les concessions communales et Intercommunales of
the toi du 10 mars 1925 sur tes Distributions                  d'Energie        Electrique.
The Société     Publique de production          d'Electricité       (SPE).
Denmark
Entitles     producing or transporting              electricity       on the basts of a
 Itcence pursuant to § 3. Stk 1 of the Lev nr. 54 af 25, februar 7976 o*
elforsynlng.       Jf.    Bekendtgerelse         nr. 607 af         17.december       7976 om
etforsyntngslovens        anvendetsesomrade.
Entitles    distributing       electricity     as defined In § 3. stk 2 of the Lov
nr. 54 af 25. februar 1976 om elforsynlng.                 Jf. Bekendtgmretse nr 607 af
17.december 1976 om etforsyntngslovens                  anvendetsesomrade mod on the
basts of author I s at Ions for expropriation            pursuant to art let ma 10 to 75
of the Lov am electrlske          sterkstramsanlajg.       Jf Lovbekendtemrelae nr, 669
af 28. december 1977.
II)                                                                                       - 1 -
 ---pagebreak---                                                                                                          ?y
 Germany
 Entities     producing,        transporting     or distributing      electricity      as defined
 jn    § 2 A°s 20f* the            Gesetz     zur    Fbrderung      der      Energlewlrtschaft         •
 (Enerclewlrtscheftsoesetz)              vo« 73.72.7935. Last modified by the GesetB vom
 19.12.1977, and auto-production of electricity so far as this is covered by
 the field of application of the directU/C pursuant to Article 2, paragraph 5.
 Greece
 The Agoc-io Emycipncn HXpcrpicucO           (Public      Power     Corporation)         set       up
 pursuant      to the lew 1468 of 2 August             7950 ncpi tcpjoojç Anuooiaç EmxEtprpo*;
 HXcKTpiopoQ                and operating     pursuant    to the tew 57/85          Aoun, pôXoç xat
TpôTioç 6 i o i K n o n ç KOI XCITOUPYJOC: THÇ KOIvujviKOTioinu^vnc flnuôoioç E m x e i p n o o c ,
HXCKTptopoû.
Spain
Entities producing, transporting or distributing electricity pursuant to Article 1
of the Decreto de 12 de marzo de 195^ approving the Reglamento de verificaciones
eléctricas y regularidad en el suministro de energfa and pursuant to Decreto 2617/1966,
de 20 de octubre, sobre autorizacion administrât!va en materia de instalaclones eléctricas.
Red Eléctrica de Espana, S.A., set up pursuant to Real Decreto 91/1985, de 23 de enero.
 Fronce
 Electricité         de France, set up and operating            pursuant    to the tot       46/6288
 du 8 avril        7946 sur la nattonal I sat ton de t'Electricité                et du Gaz.
 Entitles       (sociétés      d'économie mixte or régies) distributing                    electricity
 and referred            to In article       23 of the tot 48/1260 du 12 août                   1948
 portant modification             des tots n' 46/6288 du 8 avril            1946 et N' 46/2298
 du 21 octobre 1946 sur la Natlongt fsat ton de t'Electricité                        et du gaz .
           (ANNEX II)
 ---pagebreak---                                                                                              ?r
       Compagnie Nat tonale du Rhône
       Ireland
       The Electricity      Supply Board (ESB) set up and operating            pursuant    to   the
       Electricity    Supply Act 1927.
       Ente Nazionale        per l'Energie       elettrtca      set up pursuant       to     legge
       n' 1643. 6 dtcembre 1962 approvato con Decreto n' 1720. 21 dlcembre
       1965
       Entitles    operating on the basts of a concession pursuant to article                     4,
       n. 5 or 8 of Legge 6 dtcembre 1962. n. 1643 - 1st It uz I one del l'Ente
       n&zionalc per la energla            elettrtca       e trasferlmento      ad esso del te
       taprese esercentI       le Industrie        elettrlche.
       Entitles operating on the basis of concession pursuant to article                     20 of
       Decreto del Présidente        delta RepubblIca 18 marzo 1965. n. 342 norme
       Integrative     delta legge 6 dlclembre 1962. n. 1643 e norme relative                    at
       coordlnamento e at I'eserclzto          dette attlvltA      elettrlche    esercltate      da
       entl ed laprese diverse dell'Ente           Naztonale per I'Energla           Elettrtca.
       Luxembourg
       Compagnie grande-ducale           d'électricité        de Luxembourg producing             or
       distributing     electricity    pursuant to the Convention du 11 novembre 1927
       concernant       l'étabtIssèment        et      l'exploitât   Ion    des    réseaux        de
       distribut Ion d'énergie        électrique      dans le Grand-Duché du Luxembourg
       approuvée par la fol du 4 Janvier 1928.
                                                                                                 3
(ANNEX II)                                                                        •
 ---pagebreak---                                                                                             ^6
Etectrlcltelts       produktte maatschapplj Oost-Nederland             (E.P.O.N.)
Ilcctrlctteltsbcdrljf        Utrecht-Noord-Ho 11 and-Amsterdam (U.N.A.)
 ElectrlclteltsbedrlJf       Zutd-Hotland       (E.Z.N.)
 ElektrlctteltsprodukttemaatschapptJ           Zuld-Nederland        (E.P.Z.)
 Provinciate     '/ccuvso Energie Woatschappij (P.Z.E.WJ
 Sgmenwerkende ElektrIcttclts.               .   ,bedrlJven       (S.E.P.).
 Entitles      distributing      electricity      on the       basis     of   a   I IcetKX
 (Vergunnfng) granted         by   the provincial      authorities     pursuant    to the
 Provfnclcwct
 Portugal
 Electrlcfdade      de Portugal     (EDP) set   up pursuant     to the Decreto      Let  n.
 502/76 do 30 Junho 1976
 Entitles     dlstrlbutIng     electricity     pursuant to Art/go         1' Decreto Let
 n' 344-8/82 de 1 de Setembro 1982 amended by Decreto Lei n' 297/86 de
  79 de Setembro 1986. //Entities producing electricity pursuant to uscreto
 lei 139/88          de 27* de Marco 1988.
  Indépendant producers of elecrticity pursuant to Decreto Lei 189 de 27 de
  Ma io 1988
  Empresa de Electricidade dos Açores - EDA,, EP created pursuant to the Decreto
  Regional 16/80 de 21 de Agosto 1980
  Errpresa de Electricidade da Madeira, EP created pursuant to the'Decreto Lei
  12/74 _de 17 de Janeiro 1974 and regionalized pursuant to the Decreto Lei 31/79 de 24
  de Fevê77iro 1979 and Decreto Lei 91/79 de 19 de Abril 1979.
(ANNEX II)                                                                                   - 4 -
 ---pagebreak---                                                                              ^
      United Kingdom
      Central Electricity   Generating Board (CEG8). and the Areas Electricity
      Boards producing, transporting or distributing       electricity pursuant to
       the                1            :       Electricity     Act 1947 and the
      Electricity  Act 1957
      the North of Scot tend Hydro-Electrlclty   Board (HSHB) producing, tpapsporting
       and distributing elpctricitv       pursuant to the Electricity-(ScotUnd)
                                                                        :    =
        Act 1979.
      the South of Scotland Electricity    Board (SSEB) producing^ transporting and
      distributing electricty pursuant to the Electricity (Scotland) Act 1979
      the Northern Ireland Electricity   Service (NIES) set up pursuant to the
      Electricity  Supply (Northern Ireland) Order 4972
(ANNEX II)                                                                         - 5 -
 ---pagebreak---                                                                                                ANNEX III
                                                                                                  •?<?
                         Transport    or distribution     of gas or heat
      Belgium
      Dfstrlgaz    S.A. operating    pursuant to the Loi du 29 Juillet         1983.
      Entitles     transportIng     gas on the basis          of an authorisation           or
      concession pursuant to the Lot du 12 avril             1965 as amended by the Lot
      du 28 Juillet     1987.
      Entitles   distributing     gas and operating       pursuant   to the   lot     relative
       aux Intercommunales du 22 décembre 1986.
       Local authorities,     or associations of      these local authorities supplying heat
      to the public.
       Denagrk
       Dansk Pile og Naturgas A/S operating on the basis of an exclusive                 right
       granted pursuant to Bekendtagarelse             nr 869 af 18. Junl 1979 om
       eneretsbevtI ting til     tndfarsel.    forhandlIng.   transport og oplagrlng af
       naturgas.
       Entitles operatIng     pursuant to lov nr 294 af 7. Junl,        1972 o»     naturgas-
       forsynfng
       Entitles  dlstr l but Ing gas or heat on the basts of an approval pursuant
       to chapter IV of lov o» varmeforsynlng Jf. lovbekendtgeretse                nr 330 af
       29 iuni 1983,
       Entitles   transportIng    gas on the basis of an authorisation          pursuant to
       Bckendtgorclsc nr. 141 af 73. marts 1974 o« roerledntngsanlaeg               pâ dansk
       konttnentalsokkelomréde       tit   transport    af kulbrInter    (Instaltat   ton of
       pipelines onthe continental shelfc for the transport of hydrocarbons)
(J\I:UEX n u                                                                                        - l  -
 ---pagebreak---                                                                                               9s>
   Germany
   Entitles   transporting      or distributing    gas as defined In i 2 Abs 2Qf the
   Gesetz zur Fôrderung der Energfewlrtscha*t                 voi ?3 . Dezember 1935
   (Energirwirtschaftsgesctz),.        amended by the Law ot IV.I^.'IV//. ~~               •
                                  g^ i-g^.                :
   Local author/ties.       or associations     of            these local authorities
   supplying heat to the public.
  Greece
   DEP_ transporting         or distributing       gas pursuant, to the          Ministerial
  decision 2583/1987 (Avo6con QTn 6nuôoio Eni X cîpnon OcTpcXoiou OPUOOIOTHTUV
   OXCT.KILV uc TO tpuoiKÔ acpio.^         EOaracrri TnQ AEIIA A . E .
    (Anii6ria     ETC LYE £ on cm    AepCou,    AVOYVUUOC     ETaiDia) .
   Athens Municipal Gasworks S.A. DEFA transporting              or distributing    gas
   Spain
   Entitles  operating     pursuant     to Lew n. 10 of 75 June 1987.
   Frgr>ce
   Société  nationale    des gaz du Sud ouest       transporting    gas.
   Gaz de France, set up and operating pursuant to the lot 46/6288                   du 8
   avril 1946 sur la nat tonal Isat Ion de I ' Electricité         et du Gaz.
   Entitles (sociétés      d'économie mixte or régies) distributing              electricity
   and referred      to In article        23 of the tot 46/1260 du 12 août 1948
   portant modification        des lots n. 46/6288 du 8 avril 1946 et n. 46/2298
   du 21 octobre 1946 sur le Nat tonal Isat Ion de l'Electricité            et du gaz.
(ANNEX III)                                                                                  - 2-
 ---pagebreak---                                                                                                tf
                                                                                                     o
          Compagnie Française        du Méthane transporting      gas.
           Local authorities.        or associations    of.   supplying   heat to the    public.
           Ireland
           Irish Gas Board and operating pursuant to the 6as Act 1976 to 1987 and other
          entities governed by Statute.
           Dublin Corporation       supplying   heat to the pub I le.
           Italy
           SNAM and SGMc Montedison transporting             gas.
           Entitles     distributing      gas pursuant to the Testo Untco del le            leggl
           sulI'assunzlone       dlretta    del pubblfcl    servlzl    da parte del comuni e
           del le province approvato con Reglo Decreto 15 ottobre 1925. n. 2576 and
           to the Decreto del P.R. n. 902 del 4 ottobre             1986.
           Entitles    distributing      heat to the public referred       to in article   10 of
           the legge 29 magglo 1982. n.308 norme sul contenlmento del consumf
           energetlcl.       to svttuppo       dette  font I rtnnovabl11      dt energla.         II
           I'eserclz/o     dl centrât I elettrlche     at I ment ate con combustIbl11     divers!
           dagll     Idrocarburl
           Local author It les.      or associations    of.   supplying   heat to the    public.
           Luxembourg
           Société    de Transport     de Gaz SOTEG S.A.
'(/-jNri'x I I : :                                                                                     - 3
 ---pagebreak---                                                                                              3")
      G&swlerk Esch-Ucliecht          S.A.
      Service    Industriel     de la Commune de           Dudelange.
      Service    Industriel     de la Commune de           Luxembourg.
      Local authorities,         or associations        of these l o c a l   authorities
       supplying heat t o the p u b l i c .
      h'.ther I onds
      n . v . uec'erlandse Gasunie
      Entitles     transporting     or dlstributIng         gas on the basts of m l i c e n c e
        (vergunning) granted         by    the      local     authorities       pursuant           to      the
      Gemcentcwet
       Local or provincial         entities        transporting      or distributing           gas to the
       public    pursuant      to    the    Gemeentewet and tne ProvincCewet.
       Local authorities,         or associations        of these l o c a l a u t h o r i t i e s   supplying
       heat to the p u b l i c .
       Portugal
      Pc t roguJTii ca e Gas ce Portugal EP                                                      Decreto Lei
      346-A/S8 ce 29" Set€rr;bro de 1988.
       United   kingdom
       British    Gas PLC and other         entitles      operating     pursuant     to      the    Gas Act
       1966.
       Local author It les . or associât Ions of.              supplying     heat to the              public*
      pursuant to the Local Government (Miscellaneous Provisions) Act 1976.
       Electricity Ecards distributing heat pursuant to the Electricity Act 1947
(ANNEX III)                                                                                             - M
 ---pagebreak---                                                                                        ANNEX IV Zz.
                  Exploration     for and extraction        of oil   or gas
The entitles     granted an authorisation,        permit,      licence or concession     to
explore for      or extract      oil and gas pursuant           to the following      legal
provisions:
Belgium ,
Lot du 1 mal 7939 complétée par l'Arrêté                   royal n' 63 du 28 novembre
7939 sur l'explorât ion et l'exploitation             du pétrole et du gaz
Arrêté royal du 15 novembre 7979
Arrêté royal du 7 avril 1953
Arrêté royal du 15 mars 1960 Lot au sujet de la plateforme                     continentale
du 75 Juin 1969
Arrêté de l'Exécutif        régional wallon du 29 septembre 1982.
Arrêté de l'Exécutif        flamand du 30 mal 1984.
Denmark
 lov nr. 293 af 10. Junl 1981 om anvendelse                af Danmarks undergrund
 lov oa kontfntalsokten        . Jf.  lovbekendtgerelse         nr.  182 af 1. maj 7979.
Geraany
Bundesbergesetz      vom 13. August 1980       z u l e t z t c^cncic-rc LU, 12-02-1990.
 (ANNEX      IV)
 ---pagebreak---                                                                    ^3
       Greece
       law 87/1975  setting    up DEP-EKY  Ocp» «6pûocnç flnuoQ'QC S«txe«PHOCMC
       Spain
       Ley sobre Invest Igacton' y Exptotaclôn    de Ntdrocarburo de 27 Junto 1974
       and Its Implementing decrees. _
       France
       code mrrrrer (décret n 56.838 du 16 août 7956) amended by the Lot 56-
       1327 du 29 décembre 1956. Ordonnance 58-1186 du 10 décembre             1958.
       Décret 60-800 du 2 août 1960.                                         .
                            , £o/ 77-620 du 76 Juin 1977. Décret 80-204 du 11 mars
       1980
       Ireland
        fcntinental Shelf Act 1960.
       Peiroleum and Other Minerals Development Act 1960
       Ireland Exclusive Itcenstng terms 1975
       Revised licensing terms 1987.
       Petroleum (Production) Act (NI) 1964.
        ftsty
       Law No. 136 of 10 February 1953
       Law Ho. 6 of 11 January 7957 amended by Law No. 613 of 21 July      1967
       Luxembourg
(ANNEX IV)                                                                       - 2 -
 ---pagebreak---                                                                                     7? y
       Nether   lands
       MlIrwet    No. 285 van 21 aprtt   1810
       Wet Opsporlng delfstoffen     n. 258 van 3 met 1967
       Ml fnwet conttnentaatplat    1965. n. 428 van 23 septembre 1965.
       Portuggl
        Decreto Lei n° 543/74 de 16 de Outobro 1974, n° 168/77 de 23 de Abril 1977,
        n"Tr~266/80 de 7 Agosto 1980, n" 174/85 de 21 de Maio 1985       Despacho f?
        22 de 15 de Marco de 1979.
        Decreto Lei n°47973 de 30 de Setembro de 1967, n° 49369 de 11 de Novembro de
        1969, n" 97/71 de 24 de Marco de 1971, n° 96/74 dë~13 de Marco de 1974, n"
       "266/80 de 7 de Agosto 1980, n" 2/81 de 7 de Janeiro 1981        n°245/82 de
       "22 de Junho 1982.
       United    Kingdom
        Petroleum (Product Ion) Act 1934 as extended bv the
        Continental   Shelf Act 1964.
        Petroleum (Production) Act (Northern Ireland) 1964.
U N N E X IV)                                                                         - 3 -
 ---pagebreak---                                                                                            ÏS
                                                                                ANNEX V
               Exploration  for and extraction    of coal or other      solid   fuels
      Belgium
      Entitles    exploring or extracting     coal or other solid fuels pursuant        to
      the Arrêté du Régent du 22 août 1948 and the Loi du 22 avril I960. -
      Denmark
      Entitles    exploring or extracting    coal or other solid        fuels pursuant  to
      the lov bevendtgdrelse n r . 531 af 10 October 1984.
      Germany
      Entitles    exploring or extract Ing coal or other solid fuels pursuant           to
      the Bundesberggesetz     vom 13 August 7980. a s l a s x amended on 12.02.1990,
      Greece
      Public Power Corporation e x p l o r i n g or e x t r a c t i n g
      coal or other solid fuels         pursuant    to the Mining code of          1973 as
      amended by the law of 27 April 1976. Anpcoia fruxEiprpr) Hkoapicypu
      Spain
      Entitles    exploring or extracting     coal or other solid fuels pursuant        to
       Ley 22/1973, de 21 de j u l i o , de Minas, a s amended by Ley 5^/1980,
       de 5 de noviembre and by Real Decreto L e g i s l a t i v o 1303/1986, de
       28 de j u n i o .
( A-PIEX    V)                                                                               "*"
 ---pagebreak---                                                                                  ?-€
France
Entitles    exploring    extracting     coal   or other solid fuels  pursuant to
Code Minier,     (Décret   No. 56863 du 16 août 1956) as amended by the Lg±
No. 77-620 du 16 Juin 1977, Décret No. 80204 et Arrêté          du 11 mars 1980.
 Ireland
Bord na Mona
Entities prospecting or extracting coal pursuant to the Minerals
Development Acts, 1940-1970.
 Italy
 Car bo Su tel s SpA.
 Luxembourg
 Netherlands
 Portugal
 Empress Carbonifère      do    Dalro.
  Empresa Nacional de Uranio
 United   Kingdom
 British   Coal Corporation (BOO set up pursuant to the Coal Industry nationalisation Act
  1946.                                                          ~~
  Entities benefitting fro... a licence granted by the BGC pursuant to the Coal Industry
  Nationalisation Act 1946.
  Entities exploring or extracting solid fuels pursuant to the Mineral Development Act
  (Northern Ireland) 1969.             ~~    '                        _ —     ~   -
  (AHIJE.X V )                                                                       - 2 -
 ---pagebreak---                                                                                                               §"3
                                                                                        ANNEX VI
        Contract/no; entitles        in the   field of railway              services
        Belgium
        Société    nationale    des Chemins de fer          belges
        Nationale    MaatschapptJ      der Betgfsche       Spoorwegen
        Denmark
        Dansée Stetsbener        (DSB)
        Entitles    operating     set   up pursuant    to     Lov    nr.     295 of 6.         Junl       1984   oa
        pr I vat boner ne. i.vf.lov n. 245 af 6 August 1977.
        Germany
         Deutsche     Bundesbahn
         Other entitles      providing     railway  services        to the public            as defined          In
         paragraph 2 Abs.1 of A l l g e m e i n e s E i s e n b a h n g e s e t z v o m 2 9 . 3 . 1 9 5 1 .
         Greece
          Oçysyiou6ç Ii6nco6p6uuv EXX&6cç.
         Organisation of Railways in Greece (OSE)
(A.\;:E>: VI)                                                                                               -  1  -
 ---pagebreak---                                                                                             •Z-8
Spain
Red Nactonal de Los Ferrocarrlles            Espaholes
Ferrocarrltes    de Via Estrecha (FEVE)
Ferrocarrlles    de la General I tat de Catalunya (FGC)
Eusko Trenbfdcak         (Bilbao)
Ferrocarrlles     de la General I tat Valenctana (FGV)
France
Société    nationale       des Chemins de fer         français   and other    réseaux
ferroviaires    ouverts au public referred         to In the Lot d'Orientation     des
Transports Inter leurs du 30 décembre 1982. Titre              II. Chapitre    1er du
Transport       ferrovlalre.
 I reland
 Igrnrod Elreann     (Irish      Rail)
 Italy
Ferrovte   dello    Stato
Entitles     providing      railway    services   on the basts of a concession
pursuant to article          10 of Regto Decreto 9 magglo 1912. n. 1447. che
approve It testo unlco del le dispostzlonl               dl legge per le       ferrovte
concesse at I'Industrie         private,   te tramvte a trazfone meccanlca e oil
eutomobf11
Entitles    operating on the basts of a concession granted,              pursuant to
special laws, as referred to In Tltoto XI. Capo It. Seztone la of Regto
Decreto 9 magglo 1912. n. 1447. che approve II                    testo unlco     dette
d/spostzlonl     dl legge per le ferrovte         concesse atl'Industrie       private.
 le trgmvte a trazfone meccanlca e gll           automobl11.
            •1)                                                                         - 2  -
 ---pagebreak---                                                                          *3
   Entitles    providing    railway    services    on the basts of a     concession
   pursuant to article      4 of Legge 14 gutgno 1949. n. 410. concorso del to
   Stato per la reatt Ivazlone          del pubbltcl     servlzl dl trasporto     In
   concess/one
   Entitles   or local authorities       providing railway services on the basts
   of a concession pursuant to article          14 of Legge 2 aoosto 1952. n. 1221
   - Prowedtmentl       per I'eserclzlo     ed II potenztamento dl ferrovte   e dl
   ettre 11 nee dl tresporto in regime dl concesslone.
   Luxembourg
   Chemins de fer     luxembourgeois (CFL)
   Netherlands
   Nederlandse Spoorwegen N.V.
    Portugal
    Camlnhos de Ferro     Portugueses
    United Kingdom
    British Rati waygBoard
    Northern tret and RetIweys
(ANNEX VI)                                                                     ~ 3
 ---pagebreak---                                                                              ANNEX VII
                                                                                       "O
                 ContractIng entitles    In the field of urban
               raltwey. tramway, trolley     bus or bus       services
Belgium
Société   nationale     des Chemins de Fer          vicinaux        (SNCV)/Nattonale
MaatschapplJ van Buurtspcorwegen (NMB)
Entitles  providing transport services       to the public on the basts of a
contract granted by SNCV pursuant to articles            76 and 21 of the Arrêté
du 30 décembre 1946 relatif       aux transports    rémunérés de voyageurs par
route effectués    par autobus et par autocars
Société des Transports Intercommunaux de Bruxelles            (STIB).
MaatschapplJ van net Intercommunaal Vervoer te Antwerpen (MIVA).
MaatschapplJ ven net Intercommunaal Vervoer te Gent (MIVQ.
Société des Transports Intercommunaux de Charlerol           (STIC)
Société des Transports Intercommunaux de le région Itégolsc             (STIL)
Société des Transports       Intercommunaux de I'agglomération             vervlêtolse
(STIAV). and other entitles       set up pursuant to the lot relative           è la
création de sociétés      de transports   en commun urbains         Wet   betreffende
de oprfchtlng      van meatschapptJen      voor stedelljk          gemeenschappelIJk
vervoer of 22 February 1962.
Entitles   providing transport services       to the public on the basts of a
contract   with STIB pursuant to article          10 or with other          transport
entitles  pursuant to article      11 of the Arrêté Royal 140 du 30 décembre
 1982 relatif     aux mesures d'assainissement          appltcab tes é        certains
organismes d'Intérêt     public dépendant du Ministère des Communications.
(IKUWV.X Vil)                                                                           - l -
 ---pagebreak---                                                                                            Si
       Denmark
       Danskc Statsbaner       (DSB)
       Entitles    providing bus services         to the public (almtndelIg        rutekorsel)
       on the basis of an author Isat Ion pursuant to Lov nr. 115 af 29. marts
       1978 om buskorsel.
       Germany
       Entitles    providing    , on the basis of an authorization, short-distance
       transport services to the public (Offentlichen Personennahverkehr)
       pursuant of the Personenbeforderungsgesetz vom 21 MSrz 1961. as last
       amended on 25.7.1989.
       Greece
       HXCKTPOKÎ vn,To Aeuyopeîo flcptoxnc ASnvàvne ipaiwç.
       (tiectr/c     Buses of the Athens - Piraeus Area) operating pursuant                  to
       decree 768/1970 and lew 588/1977.
       HXcKTpiKoi Ii6np66popot A8nv"v~neipoiwç.
       (Athens - Piraeus          Electric     Railways)    operating    pursuant   to    laws
       352/1976 and 588/1977.
        ETTtyetPOOQ ACTIKIJV I U V K O I VMVUJV.
       (Enterprise     of Urban Transport)       operating  pursuant   to law   588/1977.
        Koivô Tapeio Eionp6£euç, Aempopc'mv.
       (Joint    Receipts    Fund of Buses) operating      pursuant   to decree   102/1973.
        POAA (AnuoTiKi*) EmxelPHOn Aeuçopeiuv P66ou).
       Roda Municipal bus enterprise          In Rhodes
        0pYav«op6ç, AOTtKÙv luyKO» vwviûv eeooaXoviKHC-
       (Urban Transport Organisation            of Thcssalonlkl)    operating   pursuant     to
       decree 3721/1957 and lew 716/1980.
        Entities
(ANNEX VII)                                                                             - 2 -
 ---pagebreak---                                                                                                       £_
      Spain
      Entitles providing        transport   services   to the public    pursuant    to the Ley
      de Régfmen Local
      Corporacton metropolttana         de Madrid
      Corporaclôn mctropolItana         de Barcelona
      Entlttes     providing      urban or Inter-urban      bus services       to the      public
      pursuant to Articles         113 to 118 of the Ley de ordenacton         de Transportes
      Terrestres.      31 Jul to de 1987.
      Entitles     providing bus services to the public,            pursuant to article        71
      or the Ley de Ordenacton de Transportes Terrestres.                31 Julio de 1987.
      FEVE, RENFE (or Empress Nac tonal de Transportes                     de Vtajeros        por
      Carretera)       providing     bus services     to the public        pursuant     to    the
      Dlsposlclones        adlcfonales.      Primera    de ta     Ley de Ordenacton            de
      Transportes Terrestres.         37 Julio de 1957.
      Entitles    providing bus services to the public pursuant             to    Dlsposlclones
      Tr ans I tor I as.   Tcrcera     de ta      Ley de Ordenacton          de     Transportes
      Terrestres.      31 Jul to de 1957.
      France •
      Entitles    providing transport services to the public pursuant to                   Article
      7 11 of the Lot n' 82-1153 du 30 décembre 1982. Transports                      Intérieurs.
      Orientation.
      Régie Autonome des Transports Part s tens. Société Nationale des Chemins
      de Fer Français.        APTR and other entitles       providing    transport      services
       to the public on the basts of an authorisation              granted by the Syndicat
       des Transports Parisiens           pursuant to the Ordonnance de 7959 et aes
       tfecrcfs d'appiteat Ion relatifs           è l'organisation      des transports          de
       voyageurs dans la région per tsienne
(ANNEX V U )                                                                     '                 - 3 -
 ---pagebreak---                                                                                               93
Ireland
larnrod Elreann (Irish        Rail)
Bus Elreann (Irish    Bus)
Bus At ha Alath (Dublin Bus}
Entitles  providing   transport       services    to the public     pursuant to
the ômenoeci Roao t r a n s p o r t  Act  1932.
Italy
Entitles  providing transport services of a
concession pursuant to Legge 28 settembre 1939. n. 1622 —                       DtscfplIna
degll autoservtzt dl llnea (eutotI nee per vtagglatort.               basant I e pacchl
agrtcoll   In treglme dl concessfone atl'Industrie              private)     - article     1
as modified by article      45 of Decreto del Présidente delta Repubbttea 28
gluqno 1955. n. 771.
Entitles providing transport services to the public pursuant to                      article
1 ,n.4 or n. 15 of Reglo Decreto 15 ottobre 1925. n. 2576 - Approvazlone
del testo unlco delta            legge sulI'assunzlone        dlretta     del     pubbltcl
servlzl da parte del comuni e del le province.
Entitles operating on the basis of a concession pursuant to article                      242
or 256 of Reglo Decreto 9 magglo 1912. n. 1447. che approve II                         testo
unlco    dette    dlsposlzionl         dt    legge    per   le     ferrovte      concesse
el r Industrie prlvete.      le tremvte a traztone meccanlca e all mutomobl11
Entitles   or local authorities          operating on the basis of m concession
pursuant to article     4 of Legge 14 gfugno 1949. n. 410. concorso del to
Stato per la rlett Iveztone del pubbl let servlzl                    dl trasporto          In
concesslone.
Entitles   operating on the basis of a concession pursuant to article                     14
of Legge 2 agosto 1952. n. 1221 - Prowedtmentl                 per I'eserclTlo       ed It
potenztamento dl ferrovte           e dl altre    llnee dl trasporto        In regime dl
concessI one.
                                                         SW/jw                EN
(ANNEX VII)                                                                               " ^
 ---pagebreak---                                                                                 y
Luxembourg
Chemins de fer du Luxembourg (CFL)
Service   communal des autobus municipaux de la ville      de Luxembourg.
Transports     Intercommunaux du Canton d'Esch sur Atzette     (TICE).
 Bus service undertakings operating pursuant to the Règlement Grand-Ducal du
 3 février 1978 concernant les conditions d'octroi des autorisations d'établissement
 et d'exploitation des services de transports routiers réguliers de personnes
 rémunérées.
Netherlands
Entitles      providing   transport   services   to the public     pursuant to
chapter    It   (openbaar vervoer)  of the Wet Personcnvervoer    van 12 maart
 1987.
Portugal
 Rod3v»érid Nacional, FP
 Corrpanhia Carris de Ferro de Lisboa
Matropolitano de Lisboa, EP
 Serviços de Transportes Collectivos do        Porto
 Servi ços Municipalizados de Transporte       de Barreiro
 Serviços Muni cipalizados de Transporte       de Aveiro
 Serviços Municipalizados de Transporte        de Braga
 Serviços Municipalizados de Transporte        de Coimbra
 Serviços Municipalizados de Transporte        de Portalegre
   'TV   Vil)                                                                  - 5 -
 ---pagebreak---                                                                     9s
   United   Kingdom
   Entitles   providing  bus services to the public pursuant to the London
   Reg tonal Transport    Act 1984.
   Glasgow    Underground
    Greater Manchester Rapid Transit Company
   Docklands Light Railway
   London Underground     Ltd
    British Railways Board
    Tyne and Wear Metro
(ANNEX V I I )                                                          - 6 -
 ---pagebreak---                                                                                                     CP€
                                                                                         ANNEX V I I I
            Contracting     entitles     In the field    of airport           faculties
Belgfu*
Régie des Voles          Aériennes      set up pursuant       to the Arrêté-lof           du 20
novembre 1946 portant           création     de te Régie des Votes Aériennes             amended
by Arrêté Royal du 5 octobre             197Q portant    refonte    du statut      de la Régie
des Voles        Aériennes.
Denmark
Airports      operating     on the basis of an authorisation              pursuant     to S 55.
stk.    1 l Lov om Luftfart.          Jf. Lovbckendtglrelse       nr 408 of 11.         September
 7 985.
 Germany
 Airports      as defined      In   Article      38 Abs.2 no of the
 Luftvcrtehrszutassungsordnung vom 79. 3.197?                   f amended     last by the
yjer_o_rdr. jr.g von 21.7.1986.
 Greece
 Airports      operating      pursuant      to /aw 517/1931        setting      up   the      civil
 aviation     service      Yirqpeoig floXiTinriç Acpoiropioc (YflA).
 Internet    tonal    airports       operating    pursuant      to    presidential          decree
 647/981
  vin;                                                                                              - l -
 ---pagebreak---                                                                                                   99
       Spain
       Airports     managed by       Aeropuertos       Nactonales       operating      pursuant     to   the
       Real Decreto 278/1982           de 15 octubre         1982.
       France
       Aéroports     de Paris      operating      pursuant      to   Titre    V.   Articles    L 251-1     è
       252-1 du Code de l'Aviation                Civile.
       Aéroport     de Bêle -      Mulhouse     set   up pursuant        to  the    Convention       Franco-
       Suisse du 4 Juillet           1949.
       Airports     as defined      In Article      L 270-1.     Code de l'Aviation            Civile.
       Airports      operetIng       pursuant      to     the   Cahier      de    Charges    type      d'une
       concession      d'aéroport     , décret    du 6 met       1955.
       Airports     operating     on the basis of a Convention               d'exploitation        pursuant
        to Article     LI221.   Code de I Aviation              Civile.
        Ireland
        Afrports     of    DubfIn,      Cork    and   Shannon      managed       by   Aer       Rfante—Irish
        Airports
        Airports     operating       on the basts          of a public         use licence           granted.
        pursuant     to the Air         Navigation      and Transport         Act Mr. 23 1936.            the
        Transport     fuel and power (transfer              of departmental         Administrât     Ion and
        ministerial      functions Order 7959 (SI Uo. 125 of 1959) sno the Air Kavi-
       -oaf'on (se'-corc'-es and visual ground aids) Order 1970 (SI No. 291 of 1970:
(ANNEX VIIJ)                                                                                                  - 2 -
 ---pagebreak---                                                                                                             9r
Italy
Civil    Stat>     airports     (aerodroml       clvltf      tstttultt       dalto    Stato)      referred
to in artt        te 692 of the Codlce delta                   navlgazlone.        Reglo Decreto        30
mgrzo 1942.       n. 327.
Entitles      operating       airport     facilities          on the basis          of a       concession
granted     pursuant      to Article      694 of the        Codlce delta          navlgazlone.      Regto
Decreto     30 marzo 1942. n. 327
Luxembourg
Aéroport     de F Inde I
Netherlands
Airports      operating       pursuant     to Articles          18    sno following of the Luchtvaartwet of
 15 January 1953, amended on 7 June                     1978.
Portugal
 Airports     ma.-.s-zed by Aeroportos          e Nervegeçeo Aérea             (ANA)   EP pursuant       to
Decreto     Lei       246/79.
 Mroporto        de     Funeha I      and    Aeroporto         de     Porto      Santo        regionaltsed
 pursuant     to the Decreto        Let      284/81.
 Unlttrd   Kingdom
 Airports     managed ty British *i .-ports Authority p L c
 Airports      rhlch     ere public       limited        companies       (pic's)     pursuant     to    the
        Airports       Act 1986.
                                                                                                            - 3 "
 ---pagebreak---                                                                                        ANNEX IX
            ContractIng      entitles     In the field        of maritime        or   Inland,  port    or   other
                                                 terminal     facttIt     tes
           Belgium
           Société    anonyme du Canal         et   des   Instat   tatIons     maritimes      de     Bruxelles
           Port  autonome de         Liège.
           Port  autonome de        Namur.
           Port   autonome de         Cherterot.
           Port  de la ville       de   Cand.
           la Compagnie des Installations                maritimes       de Bruges        - MaatschapplJ       der
           Brugse          haventnrlchtlngen.
           Société     Intercommunale       de    la rive     gauche de l'Escaut            -     Intercommunale
           maetschepplJ van de linker              Schetdeoever.        (Port       d'Anvers)
           Port   de     Nteuwport.
           Port      d'Ostende.
           Denmark
           Ports ms defined         In article       1. I to III      of the Bekendtomrelse            nr 6Q4 af
            16. december        1985    o» hvllke          havne      der     er     omfettet       mf    lov   om
           treffkhavne.       Jf.   lov nr 239 af 12. mej 1976 om                    treftkhavne
(ANNEX IX)                                                                                                   - 1 -
 ---pagebreak---                                                                                                               y\ <^>o
Germany
Seaports         owned totally         or partially         by territorial      authorities         (Lender.
Krelse.         Gemelnden)
Inland       ports      subject     to     the     Haienordnung    pursuant     to  the   ffassergesetze      der  Lander
Greece
Piraeus port OpYQvop6ç, Atpévoç, f l ç i p o i u ç .
set up pursuant             to Emergency Law 7 5 5 9 / 7 9 5 0 and Law             1630/1951.
Thessalonlkl           port     0 P Y O V ' O P 6 Ç Aipèvoç, 6eooaXov I K H Ç .
set up pursuant             to decree N.A.              2251/1953.
Other ports governed by presidential                         decree 649/1977       Gl.fl.    649/1977)
EwonTciq, opyAvnon. XetTouPY'QQ 6»otKnTiKÔr. éXcyxoç, X i i i e y u v .
( s u p e r v i s i o n organisât Ion of functionlng                and administrative           control)
Spain
Puerto de Huelva set up pursuant                         to the Decreto     2 de octubre         de    1969.
no 2380/69.            Puertos y Faros.               Otorga Réglmen de Estatuto            de   Autonomie
al Puerto de HueIva.
Puerto       de Barcelona           set up pursuant            to the Decreto         25 de agosto         de
1978. no 24Q7/78.               Puertos y Faros.              Otorga at de Barcelona           Réglmen     de
Estatuto         de Autonomie
Puerto de Bilbao set up pursuant                         to the Decreto     25 de agosto de             1978.
no 2408/78.            Puertos y Faros.               Otorga el de Bilbao        Réglmen de          Estatuto
de     Autonomie.
(ANNEX IX)                                                                                                              - 2 -
 ---pagebreak---                                                                                                             • ^ o o
            Puerto de Valencia       set up pursuant         to the Decreto          25 de agosto de         1978.
            no 2409/78.      Puertos      y Faros.       Otorga        el     de    Valencia      Réglmen       de
            Estatuto    de Autonomie.
            Juntas de Puertos operet Ing pursuant               to the Let 27/68 de 20 Junto                 1958:
            Puertos y Faros.       Juntas de Puertos y Estatutos                  de Autonomie and to the
            Decreto     de 9 de abri l de              1970.      no 1350/70.         Juntas     de      Puertos.
            Reglamfento.
            Ports    managed by the Comfs/on              Administrât       /va de Grupos de               Puertos
            operating     pursuant      to the Ley 27/68            de 20 Junto           de 1958,         Decreto
            1958/78 de 23 Junfo de 1978 and Decreto 571/81 de 6 mayo de                             1981.
            Ports listed      In the Real Decreto          989/82      de   14 de mayo 1982.              Puertos.
            Claslftcecfon      de los de fnterés        gêner et.
            France
            Port Autonome de Paris          set up pursuant          to   lot    n'   6S/917   du 24       octobre
            1908 relative      au port autonome de            Parts.
            Port Autonome de Strasbourg           set up pursuant          to the Convent ton du 20 mat
            1923 entre l'Etat       et le ville       de Strasbourg          relative     à la       Constitution
            du Port Rhénan de Strasbourg             et è exécution           de travaux     d'extension        de
            ce port, approved by the loi du 26 avril                    1924.
            Other    Inland waterway       ports    set up or managed pursuant                  to article       6
            (navigation     Intérieure)       of the décret          n' 69 - 14Q du 6 février                 1969
            relatif    aux concessions       d'out11 lege public          dans tes ports            Maritimes./
            Ports eutQocges operating           parz.ua.nt     to  articles        L 7 7 7-7 et suivants         of
            the Code des Ports Mar It I mes.
            Ports non-autonom*s         operatIng     pursuant      to articles        R 121-1    et      sulvents
            of the Code des Ports MtrIt           imes.
                                                                                                                 - 3 -
(ANNEX IX.)
 ---pagebreak---                                                                                                           ^d
Ports managed by regional                authorities      (départements)           or        operating
pursuant       to    a   concession       granted      by    the     regional              authorities
(départements)        pursuant    to article       6 of the Lot 85-663           du 22          Juillet
1983 compétent        la toi 63-8 du 7 Janvier          1983 relative         è la          répartition
de compétences entre          les communes, départements          et       l'Etat.
 Ireland
Ports     operating    pursuant    to the Harbour      Acts 19A6 to 1976
Port of pun Laoghaire operating pursuant to the State Harbours Act 1924.
°ort of Kossiare Harb&ur opp^ting pursuant to the Hnguard and Kossiare
Railways ano Haroours Ac"t/ 1899.
Ualy
Stare ports         and other      ports    managed     by the       Cap I tarter la dl          Porto
pursuant      to  the Codlce delta       navlgazlone.      Reglo    Decreto     30 marzo         1982.
 n. 32.
Autonomous ports          (Entl   portualt)     set up by special            laws pursuant            to
 Article     19 of the Codlce delta            navlgazlone.       Reglo      Decreto       30 marzo
  1982. n. 327.
 Luxembourg
 Port de Mer ter t set up and operating             pursuant    to Lof du 22 Juillet              1963
 relative     è l'aménagement       et è l'exploitât      Ion   d'un port fluvial             sur      la
 Moselle.
 Nether I ends
 Havenbedr t Jven,      set   up and operet Ing       pursuant     to   the    Gemeentewet          van
 29 Junl      1851.
 Havenschap VI Isslngen.         set up by the       wet van 10 September             7 9 7 J houdende
een gemeenschapp>elIJke           reveling      tot   oprlchtIng       van     het        Hevenschap
 VIIsslngen.
(ANNEX IX ;                                                                                                - 4 -
 ---pagebreak---                                                                                               ^o3
       Hevenschap Terneuzen.        set    up by the wet          van 8 aprl I 1970        houcende een
       gemeenschappelIJ*e      regelIng      tot oprlchtIng       van het Hevenschap         Terneuzen
       Havenschap DelfztJt.        set    up by the wet          van 37 Juli       1957 houoencie. eon
       gemeenscheppelIJke      regelIng      tot oprlchtIng       van het Havenschap           DelfzlJI.
        Induscrie-en havenscnôp           MoerdlJk.      set    up by the oe meenschappe It Jke
       regelIng    tot oprlchtIng      van het Industrie-cn Havenschap Moerdljk                     van
       23 oktober     1970.   approved       by Kontnkl IJk Bestult         nr. 23 van 4         maart
       1972.
       Portugal
       Porto de Llsboa set up pursuant              to Decreto       Real do 18 Feveretro          1907
       and operating     pursuant    to Decreto      let no 36976 do 20 Jut ho 1948.
       Porto do Douro e Lelxoes          set    up pursuant     to Decreto     Lei  no 3ov// do       20
       Jul ho 1948.
       Porto    de Sines  set   up pursuant       to Decreto      Let  No-508/77    do 14     Dezembro
        1977.
       Portos de Setubat . Avelro.         Flguelra     de Foz. Vtana do Castelo.             Porttmez.
       Faro operating     pursuant     to the Decreto        Let 37754 do 18 Feveretro           1950.
       United    Kingdom
       Harbour author It les within           the meaning of section          57 of    the     Harbours
       Act 1964 providing       port    feci I It les to cerrters        by sea or     Inland     water
       way.
(ANNEX IX)
 ---pagebreak---                                                          ANNEX X
         OPERATION OF TELECOMMUNICATIONS NETWORKS OR PROVISION
                      OF TELECOhl-IUu'ICATIONS SERVICES.
   Belgique
   Régie des Télégraphes et des Téléphones
   Regie van Telegrafie en Telefonie
   Danemark
   Kj^benhavns Telefon A k t i e s e l s k a b
   Jydsk Telefon
   Fyns Telefon
   Statens Teletjeneste
   Tele Sonderjylland
   République Fédérale d'Allemagne
   Deutsche Bundespost -Telekom
   Mannesmann-Mobi If un!< Gmbh
   Grèce
   OTE / Hellenic Telecommunications Organization
   Espagne
   Compam'aTelefonica Nacional de Espana
   France
   Direction Générale des Télécommunications
   Transpac
   Telecom Service Mobile
   Société Française de Radiotelefone
    Irlande
   Telecom Eireann
(ANNEX X)                                                        - 1 -
 ---pagebreak---                                                                       /?or
Italie
Amministrazione délie Poste e délie Telecommunicazioni
Azienda di Stato per i Servizi Telefonici
Societa Italiana per l'Esercizio Telefonico SpA
Italcable
Telespazio SpA
Luxembourg
Administration des Postes et àes Télécommunications
Pays Bas
 Koninkl'-Îjke PTT fieoerland n . v . and s u b s i d a r i e s . ( )
Portugal
Telefones de Lisboa e Porto 5. a.
Companhia PortuguesaRadio Marconi
Corrcios e Telecommunicacdes de Portugal
 Rovaume-Uni
 British Telecommunications PLC
 Mercury Communications Ltd
City of Kingston-Upon-Hull
 Racal Vodafone
 Telecoms Securicor Cellular Radio Ltd (Cellnet).
( ) except PTT Post BV
 (ANNEX X)                                                                 - 2 -
 ---pagebreak---                                                                                                                                                                ANNEX X I
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                  SC2_5                  Ro»-*-OvrfV?V%j (V-kC^^yinc «c>«<4*/t=»tf c m ' w u v c a o n o< «J«7«oru »rvd
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                  8C2.7
   (AlMEX     XI)
                                                                                                                                                                  - 1 -
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             •C3JZ
                         oo<M0tforJng. v w < £ * n o r \ )
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(AlWEX XI)                                                                                                               - 2 -
 ---pagebreak---                                                                              IÇ)^
                                                                        ANNEX XII
                                A. Open procedures
1. The name, address, telephone number, telegraphic address, telex and telecopier
   number of the contracting entity.
2. Nature of the contract (supply or works; where appropriate, state if it is a
   framework agreement).
3. (a) Place of delivery, or site:
   (b) Nature and quantity of the goods to be supplied:
       or
       The nature and extent of the services to be provided and general nature of
       the work.
   (c) Indication of whether the suppliers can tender for some and/or all of the
       goods required.
       If, for works contracts, the work or the contract is subdivided into
       several lots, the order of size of the different lots and the possibility
       of tendering for one, for several or for all of the lots.
   (d) Authorization to submit variants.
(ANNEX XII)                                                                   - 1-
 ---pagebreak---                                                                            y) og
    (e) For works contracts:
        Information concerning the purpose of the work or the contract where the
        latter also involves the drawing up of projects.
 4. Derogation from the use of European specifications, in accordance with
    Article 13(6).
 5. Time-limits for delivery or completion.
 6. (a) Name and address of the service from which the contract documents and
        additional documents may be requested.
    (b) Where appropriate, the amount and terms of payment of the sum to be paid
        to obtain such documents.
 7. (a) The final date for receipt of tenders.
    (b) The address to which they must be sent.
    (c) The language or languages in which they must be drawn up.
 8. (a) Where appropriate, the persons authorized to be present at the opening of
        tenders.
    (b) The date, hour and place of such opening.
 9. Where appropriate, any-deposits and guarantees required.
10. Main terms concerning financing and payment and/or references to the
    provisions in which are contained.
(ANNEX XII)                                                                   - 2 -
 ---pagebreak---                                                                               'Mo
11. Where appropriate, the legal form to be taken by the grouping of suppliers or
     contractors to whom the contract is awarded.
12. Minimum economic and technical conditions required of the supplier or
     contractor to whom the contract is awarded.
13. Period during which the tenderer is bound to keep open his tender.
14. The criteria for the award of the contract.    Criteria other than that of the
     lowest price shall be mentioned where they do not appear in the contract
     documents.
 15. Other information.
 16. Where appropriate, the reference to publication of the periodic information
     notice in the Official Journal to which the contract refers.
 17. Date of dispatch of the notice by the contacting entities.
 18. Date of receipt of the notice by the Office for Official Publications of the
      European Communities (to be supplied by the said Office).
                               B. Restricted procedures
 1. The name, address, telephone number, telegraphic address, telex and telecopier
    number of the contracting entity.
 2. Nature of the contract (supply or works; where appropriate, state if it is a
    framework agreement).
 (ANNEX XII)                                                                    - 3 -
 ---pagebreak---                                                                             s)s\n
3. (a) Place of delivery, or site:
   (b) Nature and quantity of the goods to be supplied
       or
       The nature and extent of the services to be provided and general nature of
       the work.
   (c) Indication of whether the suppliers can tender for some and/or all of the
       goods required.
       If, for works contracts, the work or the contract is subdivided into
       several lots, the order of size of the different lots and the possibility
       of tendering for one, for several or for all of the lots.
   (d) Authorization to submit variants.
   (e) For works contracts:
       Information concerning the purpose of the work or the contract where the
       latter also involves the drawing up of projects.
4. Derogation from the use of European specifications, in accordance with
   Article 13(6).
5. Time-limits for delivery or completion.
6. Where appropriate, the legal form to be taken by the grouping of suppliers or
   contractors to whom the contract is awarded.
(ANNEX XII)                                                                   - 4
 ---pagebreak---                                                                             11<i
 7. (a) The final date for receipt of requests to participate.
    (b) The address to which they must be sent.
    (c) The language or languages in which they must be drawn up.
 8. The final date for dispatch of invitations to tender.
 9. Where appropriate, any deposits and guarantees required.
10. Main terms concerning financing and payment and/or references to the texts in
    which these are contained.
11. Information concerning the supplier's or contractor's position and minimum
    economic and technical conditions required of him.
12. The criteria for the award of the contract where they are not mentioned in the
    invitation to tender.
13. Other information.
14. Where appropriate, the reference to publication of the periodic information
    notice in the Official Journal to which the contract refers.
lb. Date of dispatch of the notice by the contracting entities.
16. Date of receipt of the notice by the Office for Official Publications of the
    European Communities (to be supplied by the said Office).
(ANNEX XII)                                                                  - 5
 ---pagebreak---                                                                                413
                               C. Negotiated procedures
1. The name, address, telephone number, telegraphic address, telex and telecopier
    number of the contracting entity.
2. Nature of the contract (supply or works; where appropriate, state if it is a
    framework agreement).
3. (a) Place of delivery, or site.
    (b) Nature and quantity of the goods to be supplied:
         or
         The nature and extent of the services to be provided and general nature of
         the work.
     (c) Indication of whether the suppliers can tender for some and/or all of the
         goods required.
         If, for works contracts, the work or the contract is subdivided into
         several lots, the order of size of the different lots and the possibility
         of tendering for one, for several or for all of the lots.
     (d) For works contracts:
         Information concerning the purpose of the work or the contract where the
         latter also involves the drawing up of projects.
4. Derogation from the use of European specifications, in accordance with
    Article 13(6).
5. Time-limit for delivery or completion.
 (ANNEX XII)                                                                    - 6 -
 ---pagebreak---                                                                                /7iq
6. Where appropriate, the legal fori» to be taken by the grouping of suppliers or
    contractors to whom the contract is awarded.
  7. (a) The final date for receipt of tenders.
     (b) The address to which they must be sent.
     (c) The language or languages in which they must be drawn up.
  8. Where appropriate, any deposits and guarantees required.
  9. Main terms concerning financing and payment and/or references to the texts in
     which these are contained.
 10. Information concerning the supplier's or contractor's position and minimum
     economic and technical conditions required of him.
 11. Where appropriate, the names and addresses of suppliers or contractors already
     selected by the contracting entity.
 12. Where applicable, date(s) of previous publications in the Official Journal of
     the European Communities.
 13. Other information.
 14. Where appropriate, the reference to publication of the periodic information
     notice in the Official Journal to which the contract refers.
 15. Date of dispatch of the notice by the contracting entities.
 (ANNEX XII)                                                                   - 7 -
 ---pagebreak---                                                                         Ans
16. Date of receipt of the notice by the Office for Official Publications of the
     European Communities (to be supplied by the said Office).
 (ANNEX XII)                                                                  - 8 -
 ---pagebreak---                                                                 11G
                                                                        ANNEX XIII
                Notice on the existence of a qualification system
1. Name, address, telephone number, telegraphic address, telex and telecopier
   number of the contracting entity.
2. Purpose of the qualification system.
3. Address where the rules concerning the qualification system can be obtained (if
   different from the address mentioned under 1.).
4. Where applicable, duration of the qualification system.
(ANNEX XIII)                                                                  - 1-
 ---pagebreak---                                                                                nq
                                                                         ANNEX XIV
                             Periodic Information Notice
A. For supply contracts:
    1. Name, address, telephone number, telegraphic address, telex and telecopier
       number of the contracting entity or the service from which additional
       information may be obtained.
    2. Nature and quantity or value of the services or products to be supplied.
    3. (a) Estimated date of the commencement of the procedures of the award of the
           contract(s) (if known).
       (b) Type of award procedure to be used.
    4. Other information (for example, indicate if a call for competition will be
       published later).
    5. Date of dispatch of the notice by the contracting entities.
    6. Date of receipt of the notice by the Office for Official Publications of the
       European Communities (to be supplied by the said Office).
 (ANNEX XIV)                                                                   - 1-
 ---pagebreak---                                                                             ^g
B. For works contracts
   1. The name, address, telegraphic address, telephone, telex and telecopier
       number of the contracting entity.
   2. (a) The site.
       (b) The nature and extent of the services to be provided, the main
            characteristics of the work or of the lots by reference to the work.
        (c) An estimate of the cost of the services to be provided.
    3. (a) Type of award procedure to be used.
        (b) The date scheduled for initiating the award procedures in respect of the
            contract or contracts.
        (c) The date scheduled for the start of the work.
        (d) Planned timetable for completion of the work.
    4. Terms of financing of the work and of price revision.
    5. Other information (for example, indicate if a call for competition will be
        published later).
    6. Date of dispatch of the notice by the contracting entities.
    7. Date of receipt of the notice by the Office for Official Publications of the
        European Communities (to be supplied by the said Office).
 (ANNEX XIV)                                                                     - 2 -
 ---pagebreak---                                                                      "M 9
                                                                        ANNEX XV
                           Notice on contracts awarded
1. INFORMATION FOR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN
   COMMUNITIES
   1. Name and address of the contracting entity
   2. Nature of the contract (supply or works; where appropriate, state if it is
      a framework agreement)
   3. At least a summary indication of the nature of the products, works or
      services provided
   4. (a) Form of the call for competition (notice on the existence of a
          qualification procedure; periodic information notice; call for tenders)
      (b) Reference of publication of the notice in the Official Journal of  the
          European Communities
      (c) In the case of contracts awarded without a prior call for competition,
          indication of the relevant provision of Article 15(2).
   5. Award procedure (open, restricted or negotiated)
   6. Number of tenders received
(ANNEX XV)                                                                    - 1-
 ---pagebreak---                                                                               /\lo
     7. Date of award of the contract
     8. Price paid for bargain purchases under Article 15(2)(j)
     9. Name and address of successful supplier(s) or contractor(s)
    10. State, where appropriate, whether the contract has been, or may be,
        sub-contracted.
    11. Optional information:
        - value and share of the contract which may be sub-contracted to
          third parties;
        - award criteria;
        - price paid (or range of prices).
11. INFORMATION NOT INTENDED FOR PUBLICATION
    12. Number of contracts awarded (where an award has been split between more
        than one supplier)
    13. Value of each contract awarded
    14. Country of origin of the product or service (EEC origin or non-Community
        origin; if the latter, broken down by third country)
(ANNEX XV)                                                                   - 2 -
 ---pagebreak---                                                                               /)Z^]
    15. Was recourse made to the exceptions to the use of European specifications
        provided for under Article 13(6).  If so, which?
    16. Which award criteria was used (most economically advantageous: lowest
        price: criteria permitted under Article 28)?
    17. Was the contract awarded to a bidder who submitted a variant, in
        accordance with Article 27(3)?
    18. Were any tenders excluded on the grounds that they were abnormally low,
        in accordance with Article 27(5)?
    19. Date of transmission of the notice by the contracting entities.
(ANNEX XV)                                                                    - 3 -
 ---pagebreak---                                                                                 ANNÊX XVI
                                                                                       A
                                                                                         ^z
    AMENDMENTS OF THE EUROPEAN PARLIAMENT NOT lACCEPTED BY THE COMMISSION
         (Amendment No. 2)
          Article 2(2)(4)
                      (a) the provision and/or operation
                      of      fixed         networks    intended co
                      provide a service to the public in
                      connection            with   the production,
                      transport or distribution of :
                          (1)       drinking water; or
                        (ii)        electricity; or
                      (iii)         gas or heat;
                      and/or          the     supply    of drinking
                      water, electricity, gas or heat to
                      such networks;
         (Amendment Ho. 4)
Article 3(1), introductory phrase
                      1.       Member States may request the
                      Commission              to   authorize       that
                      exploitation of geographical areas
                      for the purpose of exploring for, or
                      extracting, oil, gas, coal or other
                      •olid fuels shall not be considered
                      an activity              defined    in Article
                      2(2)(b)(1) and that entities shall
                      not bo considered as operating under
                      special or exclusive rights within
                      the meaning of Article 2(3)(b) by
                      virtue of carrying on one or more of
                      these activities, provided that all
                      the        following         conditions        are
                       satisfied            with   respect    to the
                       relevant             national      provisions
                      concerning such activities:
            (Amendment No. SI
   Article 3(4), first subparagraph
                          4. A Member State. which wishes to
                          apply paragraph y 1 ; s h a l l / request
                          authorization from the Commission.
                          In addition, .it. :. shall inform- "the
                          Commission of any'•;law, regulation or
                        ;administrative provision, -agreement
                        ,iP r > • u n d e r s ta nd ing - ^ el a t i ngj£ • t o
                         c o m p l i a n c e ^ with-'i'the'^ conditions
                         referred to in paragraphs 1 and 2.;
                                                                                         -1-
 ---pagebreak---                                                                             ms
              (Amendment No. 61
      Article 3(4), second subparagraph
                           The Commission shall take a decision
                           in accordance with the procedure
                           laid down in Article 32(4) to (7).
                           It shall publish its decision,
                           giving its reasons, in the Official
                           Journal of."the European Communities.
                           Should • the '•Commission refuse ' to
                           grant authorization, this Directive
                           shall apply with the exception, of
                           the present Article.
                 (Amendment No. 101
Article 12(6), new paragraph after first paragraph
                               3efore    31    December      1991, the
                               Commission will publish            in the
                               Official Journal • of the European
                               Communities a notice to the Member
                               States describing in practical terms
                               how the notion of work is to. be
                               understood and applied. •':''•'-..
                (Amendment No*__lJL
                   Article 23(1)
                              1.    Article 27(1) shall not apply
                              where a Member State bases the.award
                              of contracts- on "other ;'T criteria'
                              within" the framework. \of ..rules in
                             :
                              force'£at : thejv^tiroeo'Jof;^ adoption^ of
                              this" . Directive"'.' whose'- \aim :':is , ; to
                              promote or safeguard 'equal 'rights
                               and opportunities for women. : the
                              disabled or workers from minority
                              groups or to. give preference to
                               certain tenderers, provided            the
                               rules invoked are compatible with
                               the Treaty.
                                                                              -2-
 ---pagebreak---     (Amendment No. 17)
       Article 28(2)
                                                             --721/
                 2. Without prejudice to paragraph 1,
                 this Directive shall not prevent,
                 the     application       of    national
                 provisions in force on the award of
                  supply or works contracts which have
                  as their objective the reduction of
                  regional disparities, the renewal of
                  urban areas and the promotion of job
                  creation in disadvantaged        regions
                  and areas or those suffering from
                  industrial decline, provided that
                  the     provisions     concerned     are
                  compatible with the Treaty and with
                  the     Community's      international
                  obligations.
    (Amendment No. 23)
Annex XV, Point 13a (new)
                 13a.    Share of the contract put out
                 to    subcontractors    and the    value
                 thereof;
      (Amendment No. 28)
         Article 1(4)
                            /
                   /framework agreement' shall mean an
                   agreement      between    one   of   the
                   contracting     entities    defined   in
                   Article 2 and one or more suppliers
                   or contractors, the purpose of which
                    is  to    establish   the   terms, in
                   particular with regard to the prices
                   and, where appropriate, the quantity
                   envisaged, governing the contracts
                   to be awarded during a period not
                   exceeding four years;
     (Amendment No. 29)
        Article 12(5)
                  The basis for calculating the value
                   of a framework agreement shall be
                   the estimated maximum value of all
                   the   contracts    envisaged   for the
                   period in question, which shall not
                   exceed four years.
                                                            -3-
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                            /) z r
                                                                                ISSN 0254-1475
                                                                COM(90) 301 final
                                                      DOCUMENTS
EN                                                                                       01 13
                                  Catalogue number : CB-CO-90-334-EN-C
                                                               ISBN 92-77-62133-8
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