CELEX: 51989PC0141
Language: en
Date: 1989-04-04
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING COUNCIL DIRECTIVE 71/305/EEC CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS

No C 115/50                              Official Journal of the European Communities                                 8. 5. 89
                     COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
2.18.3.     When workers are employed at workstations                         (unchanged)
            outdoors, such workstations shall as far as
            possible be equipped so that workers are
            protected against inclement weather conditions.
                                                                    2.18.4.  If workers are employed at outdoor work-
                                                                             stations, such workstations shall as far as
                                                                             possible be designed so that the workers:
                                                                              (a) are protected from the weather;
                                                                              (b) are not exposed to harmful noise levels or
                                                                                  dangerous substances (e.g. gases, vapours,
                                                                                  dusts);
                                                                              (c) can leave their workstations and reach safety
                                                                                  quickly in the event of danger.
                           ANNEX II                                                         (unchanged)
               Re-examined proposal for a Council Directive amending Council Directive 71/305/EEC
                    concerning the coordination of procedures for the award of public works contracts (!)
                                                       COM(89) 141 final
                        Submitted by the Commission pursuant to Article 149(2)(d) of the EEC Treaty
                                                        on 3 April V.
                                                          (89/C 115/04)
               (!) OJ No C 15, 19. 1. 1989, p. 8.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas measures aimed at progressively establishing the
                                                                   internal market during the period up to 31 December 1992
                                                                   need to be taken; whereas the internal market is an area
Having regard to the Treaty establishing the European              without internal frontiers in which the free movement of
Economic Community and in particular Articles 57(2), 66            goods, persons, services and capital is ensured;
and 100A thereof,
Having regard to the proposal from the Commission,
                                                                   Having regard to the conclusions drawn by successive
In cooperation with the European Parliament ( ),    l              meetings of the European Council on the need to establish
                                                                   such a market;
Having regard to the opinion of the Economic and Social
Committee (2).
                                                                   Having regard to the White Paper on completing the
(!) OJ No C 167, 27. 6. 1988, p. 76 and Decision ... (not yet      internal market, and in particular to the timetable and
    published in the Official Journal).                            programme laid down therein for the opening up of the
(2) OJ No C 319, 30. 11. 1987, p. 55.                              market for public works contracts;
 ---pagebreak--- 8. 5. 89                               Official Journal of the European Communities                                No C 115/51
Having regard to the Commission's communication to the            the application of Directive 71/305/EEC due to divergent
Council of 19 June 1986 on public procurement in the              interpretations of the exemptions in different Member
Community;                                                        States do not increase;
Whereas public works contracts are governed by Council            Whereas the threshold value from which contracts are
Directive 71/305/EEC of 26 July 1971 concerning the co-           subject to Directive 71/305/EEC was set in 1971 at
ordination of procedures for the award of public works            1 000 000 ECUS, whereas, in view of the rise in the cost of
contracts (*), as last amended by the Act of Accession of         construction work and the interest of small and medium-
Spain and Portugal, and Council Directive 72/277/EEC of           sized firms in bidding for medium-sized contracts, this
26 July 1972 concerning the details of publication of             threshold should now be set at 5 000 000 ecus;
notices of public works contracts and concessions in the
Official Journal of the European Communities (2), by the
Declaration of 26 July 1971 of the representatives of the         Whereas, to eliminate practices that restrict competition in
Governments of the Member States, meeting within the              general and participation in contracts by other Member
Council, concerning procedures to be followed in the field        States' nationals in particular, it is necessary to improve the
of public works contracts (3), and by Council Decision 7 1 /      access of contractors to procedures for the award of
306/EECof 26 July 1971 setting up an Advisory Committee           contracts;
for Public Contracts (4), as amended by Decision 77/63/
EEC (5);
                                                                  Whereas it is desirable to introduce provision for a
                                                                  negotiated procedure as already exists in the practice of
Whereas, in order to guarantee real freedom of establish-         some Member States, in order to curtail the use of the
ment and freedom to provide services in the market for            exceptional procedure provided for in Article 9 of Directive
public works contracts, it is necessary to improve and            71/305/EEC;
extend the safeguards in the Directives that are designed to
introduce transparency into the procedures and practices
for the award of such contracts, in order to be able to           Whereas the negotiated procedure should be considered to
monitor compliance with the prohibition of restrictions           be exceptional and therefore only applicable in certain
more closely and at the same time to reduce disparities in        limited cases;
the competitive conditions faced by nationals of different
Member States;
                                                                  Whereas contracting authorities should be required to
                                                                  inform rejected candidates and tenderers of the reasons for
Whereas this Directive does not prevent the application of,       rejection of their application or bid and to draw up a report
in particular, Article 36 of the Treaty;                          on the conduct of the proceedings leading up to each
                                                                  award;
Whereas it is necessary to define more precisely what is
meant by public works contracts in order to take account,
in particular, of new forms of such contracts, and to lay         Whereas it is necessary to adapt the common rules in the
down criteria for identifying all the entities which are          technical field to the new Community policy on standards;
subject to Directive 71/305/EEC;
                                                                  Whereas, to create the necessary conditions for efficient
Whereas the list of bodies and categories of bodies in            Community-wide competition for contracts so that firms
Annex I should be as exhaustive as possible;                      from other Member States can bid on comparable terms to
                                                                  domestic firms and a greater level of interest and
                                                                  participation in contracts is aroused from a larger number
Whereas it is also necessary to extend the provisions of          of contractors, all the operations and procedures involved
Directive 71/305/EEC to works that are subsidized by the          in the competitive tendering for contracts should be made
State but do not come within the terms of Article 1;              more transparent; whereas contracting authorities should
                                                                  also be required to announce forthcoming public works
Whereas, in view of the increasing importance of                  projects throughout the Community, and to publish, in the
concession contracts in the public works area and of their        same way all relevant details of how contracts have been
specific nature, the rules concerning advertising should be       awarded;
brought within Directive 71/305/EEC;
                                                                  Whereas, in order to improve access to contracts and allow
Whereas it is necessary to clarify the scope of the               a larger number of contractors to compete and to prepare
exemptions for certain sectors in order that divergences in       their bids in reasonable time, especially for large projects
                                                                  which are generally of considerable technical and organiza-
                                                                  tional complexity, the time limits for the receipt of
(!) OJ No  L 185, 16. 8. 1971, p. 5.                              applications to bid and tenders should be lengthened;
(2) OJ  No L 176, 3. 8. 1972, p. 12.
(3) OJ  No C 82, 16. 8. 1971, p. 13.
(4) OJ  No L 185, 16. 8. 1971, p. 15.                             Whereas it is in the general interest to encourage technical
(5) OJ  No L 13, 15. 1. 1977, p. 15.                              advances in the construction and public works sector so
 ---pagebreak--- No C 115/52                             Official Journal of the European Communities                                      8. 5. 89
that transfer of technology and know-how from one                  HAS ADOPTED THIS DIRECTIVE:
Member State to another benefits not only the general
public but also the construction industry;
Whereas work is under way in the Community on methods                                          Article 1
of framing specifications in terms of performance require-
ments instead of as detailed technical prescriptions and
contractors in the Community should immediately be given           Directive 71/305/EEC is hereby amended as follows:
the opportunity to submit variants under certain con-
ditions;
                                                                   1.     Article 1 is replaced by the following:
Whereas, to ensure transparency as to how contractors
propose to carry out a contract, it must be made possible
for contracting authorities to be informed of any part of the             'Article 1
contract the tenderer intends to sub-contract to third
parties;                                                                  For the purposes of this Directive:
Whereas account should be taken of the considerable
impact public works projects can have on job creation in                  (a) "public works contracts" are contracts for
parts of the Community suffering from unemployment                            pecuniary interest concluded in writing between
rates higher than the Community average;                                      a contractor and a contracting authority as
                                                                              defined in (b), which have as their object either
                                                                              the execution or both the execution and design of
Whereas it could prove useful to provide for greater
                                                                              works related to one of the activities referred to in
transparency as to the requirements regarding the protec-
                                                                              Annex II or a work defined in (c) below, or
tion and conditions of employment applicable in the
                                                                              carrying out, by whatever means of a work
Member State in which the works are to be carried out;
                                                                              corresponding to the requirements specified by
                                                                              the contracting authority;
Whereas it is appropriate that national provisions for
regional development requirements to be taken into
consideration in the award of public works contracts                      (b) "contracting authorities" shall be the State,
should be made to conform to the objectives of the                            regional or local authorities, bodies governed by
Community and be in keeping with the principles of the                        public law, associations formed by one or several
Treaty;                                                                       of such authorities or bodies governed by public
                                                                              law.
Whereas adequate statistical provisions should be included
in Directive 71/305/EEC in order to improve, and to put on                    A body governed by public law means any body:
a more systematic basis, information on the way in which
contracting authorities award their contracts;
                                                                              — established for the specific purpose of meeting
Whereas Spain has recently adopted legislation to imple-                          needs in the general interest, not having an
ment Directive 71/305/EEC; whereas, given the fact that                           industrial or commercial character, and
the introduction of other amendments at this stage would
adversely effect the adaptation of the private sector in that
                                                                              — having legal personality, and
Member State, it is appropriate to grant the Kingdom of
Spain an additional period to implement this Directive;
                                                                              — financed, for the most part, by the State, or
Whereas Portugal is in need of a transitional period for                          regional or local authorities, or other bodies
similar reasons;                                                                  governed by public law; or subject to
                                                                                  management supervision by those bodies; or
                                                                                  having an administrative, managerial or
Whereas Greece will be adapting its legislation to Directive
                                                                                  supervisory board, more than half of whose
71/305/EEC and whereas incorporation, at this stage, of
                                                                                  members are appointed by the State, regional
other Community rules would have an adverse effect upon
                                                                                  or local authorities or by other bodies
the public works contracts sector and in particular upon
                                                                                  governed by public law.
certain economically important factors such as the
stability, transparency and maintenance, in the medium
term, of commercial conditions;                                               The lists of bodies or of categories of such bodies
                                                                              governed by public law which fulfil the criteria
Whereas in accordance with the conclusions of the said                        referred to in the second subparagraph are set out
meetings of the European Council, of the White Paper and                      in Annex I. These lists shall be as exhaustive as
of the said Commission communication to the Council,                          possible and may be reviewed in accordance with
Directive 71/305/EEC should be amended and Directive                          the procedure laid down in Article 30b. To this
72/277/EEC repealed,                                                          end, Member States shall periodically notify the
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                              No C 115/53
          Commission of any changes to their lists of                   15a, shall apply to that contract when its value is not
          bodies and categories of bodies;                              less than 5 000 000 ecus.
      (c) a "work" means the outcome of building or civil               2.    The contracting authority may:
          engineering works taken as a whole that is
          sufficient of itself to fulfil an economic and
          technical function;                                           — either require the concessionaire to award
                                                                            contracts representing a minimum of 30 % of the
      (d) "public works concession" is a contract of the                    total value of the work for which the concession
          same type as that indicated in (a) except for the                 contract is to be awarded, to third parties, at the
                                                                            same time providing the option for candidates to
          fact that the consideration for the works to be
                                                                            increase this percentage. This minimum per-
          carried out consists either solely in the right to
                                                                            centage shall be specified in the concession
          exploit the construction or in this right together
                                                                            contract,
          with payment;
      (e) "open procedures" are those national procedures               — or request the candidates for concession con-
          whereby all interested contractors may submit                     tracts to specify in their tenders the percentage, if
          tenders;                                                          any, of the total value of the work for which the
                                                                            concession contract is to be awarded which they
                                                                            intend to assign to third parties.
      (f) "restricted procedures" are those national pro-
          cedures whereby only those contractors invited
          by the contracting authority may submit tenders;              3. When the concessionaire is himself one of the
                                                                        authorities awarding contracts within the meaning
      (g) "negotiated procedures" are those national                    of Article 1 (b), he shall comply with the provisions of
          procedures whereby contracting authorities                    this Directive in the case of works to be carried out
          consult contractors of their choice and negotiate             by third parties.
          the terms of the contract with one or more of
          them;
                                                                        4. Member States shall take the necessary steps to
                                                                        ensure that a concessionaire other than an authority
      (h) a contractor who submits a tender shall be                    awarding contracts shall apply the advertising rules
          designated by the term "tenderer" and one who                 listed in Article 12(4), (6), (7) and (9) to (13), and in
          has sought an invitation to take part in a                    Article 15b, in respect of the contracts which it
          restricted and negotiated procedure by the term               awards to third parties when the value of the
          "candidate".'                                                 contracts is not less than 5 000 000 ECUS. Advertis-
                                                                        ing rules shall not be applied where works contracts
                                                                        meet the conditions laid down in Article 5(3).
2.    The following Articles are inserted:
                                                                        Undertakings which have formed a group in order to
      'Article la                                                       obtain the concession contract, or undertakings
                                                                        affiliated to them, shall not be regarded as third
      1. Member States shall take the necessary meas-                   parties.
      ures to ensure that the contracting authorities
      comply or ensure compliance with this Directive
      where they subsidize directly by more than 50 % a                 An "affiliated undertaking" means any undertaking
      works contract awarded by an entity other than                    over which the concessionaire may exercise, directly
      themselves.                                                       or indirectly, a dominant influence or which may
                                                                        exercise a dominant influence over the con-
                                                                        cessionaire or which, in common with the con-
      2. Paragraph 1 shall concern only contracts                       cessionaire, is subject to the dominant influence of
      covered by Class 50, Group 502, of the NACE                       another undertaking by virtue of ownership, finan-
      nomenclature and to contracts relating to building                cial participation, or the rules which govern it. A
      work for hospitals, facilities intended for sports,               dominant influence on the part of an undertaking
      recreation and leisure, school and university build-              shall be presumed when, directly or indirectly in
      ings and buildings used for administrative purposes.              relation to another undertaking, it:
      Article lb
                                                                        — holds the major part of the undertaking's
                                                                            subscribed capital, or
      1. Should contracting authorities conclude a
      public works concession contract as defined in
      Article 1(d), the advertising rules as described in               — controls the majority of the votes attaching to
      Article 12(3), (6), (7) and (9) to (13), and in Article               shares issued by the undertakings, or
 ---pagebreak--- No C 115/54                             Official Journal of the European Communities                                    8. 5. 89
     — can appoint more than half of the members of the                  (b) to undertakings in a Member State or a non-
         undertaking's administrative, managerial or                         member country in pursuance of an international
         supervisory body.                                                   agreement relating to the stationing of troops;
                                                                         (c) pursuant to the particular procedure of an
     A comprehensive list of these undertakings shall be                     international organization.
     enclosed with the candidature for the concession.
     This list shall be brought up to date following any
     subsequent changes in the relationships between the                 (J) OJ No L 185, 16. 8. 1971, p. 15.
     undertakings.'                                                      (2) OJ No L 13, 15. 1. 1977, p. 15.'
                                                                   6.   The following Article is inserted:
3.   Article 2 is deleted.
                                                                        'Article 4a
4.   Article 3(1), (2) and (3) are deleted and paragraphs 4              1. The provisions of this Directive shall apply to
     and 5 thereof are replaced by the following:                       public works contracts whose estimated value net of
                                                                        VAT is not less than 5 000 000 ecus.
     '4.    This Directive shall not apply to:                          2. The value of the threshold in national currencies
                                                                        shall normally be revised every two years with effect
                                                                        from 1 January ... The calculation of this value shall
     (a) works contracts awarded by carriers by land, air,              be based on the average daily values of these
         sea or inland waterway;                                        currencies in terms of the ECUS over the 24 months
                                                                        terminating on the last day of October immediately
                                                                        preceding the 1 January revision. The values shall be
     (b) works contracts awarded by contracting author-                 published in the Official Journal of the European
         ities, in so far as those contracts concern the                Communities at the beginning of November.
         production, transport and distribution of drink-
         ing water, or those contracting authorities whose
         principal activity lies in the production and                  3. Where a work is subdivided into several lots,
         distribution of energy;                                        each one the subject of a contract, the value of each
                                                                        lot must be taken into account for the purpose of
                                                                        calculating the amounts referred to in paragraph 1.
     (c) works contracts which are declared secret or the               Where the aggregate value of the lots is not less than
         execution of which must be accompanied by                      the amount referred to in paragraph 1, the provi-
         special security measures in accordance with the               sions of that paragraph shall apply to all lots.
         laws, regulations or administrative provisions in              Contracting authorities shall be permitted to depart
         force in the Member State concerned or when the                from this provision for lots whose estimated value
         protection of the basic interests of that State's              net of VAT is less than 1 000 000 ECUS, provided
         security so requires.'                                         that the total estimated value of all the lots exempted
                                                                        does not, in consequence, exceed 20 % of the total
                                                                        estimated value of all lots.
5.   Article 4 is replaced by the following:                            4. No work or contract may be split up with the
                                                                        intention of avoiding the application of the preced-
                                                                        ing paragraphs.
     'Article 4
                                                                        5. When calculating the amounts referred to in
     This Directive shall not apply to public contracts                 paragraph 1 and in Article 5, account shall be taken
    governed by different procedural rules and awarded:                 not only of the amount of the public works contracts
                                                                        but also of the estimated value of the supplies needed
                                                                        to carry out the works which are made available to
     (a) in pursuance of an international agreement,                    the contractor by the contracting authorities.'
         concluded in conformity with the EEC Treaty,
         between a Member State and one or more non-
                                                                  7.    Article 5 is replaced by the following:
         member countries and covering works intended
         for the joint implementation or exploitation of a
         project by the signatory States; all agreements                'Article 5
         shall be communicated to the Commission,
         which may consult the Advisory Committee for                   1. In awarding public works contracts the con-
         Public Contracts set up by Decision 71/306/                    tracting authorities shall apply the procedures
         EEC 0) [as amended by Decision 77/63/                          defined in Article 1(e), (f) and (g), adapted to this
         EEC] (2);                                                      Directive.
 ---pagebreak--- 8. 5. 89                                  Official Journal of the European Communities                                No C 115/55
      2. The contracting authorities may award their                       (d) for additional works not included in the project
      public works contracts by negotiated procedure,                           initially considered or in the contract first
      with prior publication of a tender notice and after                       concluded but which have, through unforeseen
      having selected the candidates according to qualitat-                    circumstances, become necessary for the carrying
      ive public criteria, in the following cases:                             out of the work described therein, on condition
                                                                               that the award is made to the contractor carrying
                                                                               out such work:
       (a) In the event of irregular tenders in response to an
           open or restricted procedure or in the event of
           tenders which are unacceptable under national                       — when such works cannot be technically or
           provisions that are in accordance with the                               economically separated from the main con-
           provisions of Title IV, in so far as the original                        tract without great inconvenience to the
           terms of the contract are not substantially                              contracting authorities,
           altered. The contracting authorities shall not, in
           these cases, publish a tender notice where they
           include in such negotiated procedure all the                        — or when such works, although separable from
           enterprises satisfying the criteria of Articles 23 to                    the execution of the original contract, are
           28 which, during the prior open or restricted                            strictly necessary to its later stages.
           procedure, have submitted offers in accordance
           with the formal requirements of the tendering
                                                                                    However, the aggregate value of contracts
           procedure;
                                                                                    awarded for additional works may not exceed
                                                                                    50 % of the amount of the main contract;
      (b) for works carried out purely for purposes of
           research, experiment, study or development and                  (e) for new works consisting of the repetition of
           not with the purpose of ensuring profit or                          similar works entrusted to the undertaking to
           recovering the costs of research and develop-                       which the same contracting authorities awarded
           ment;                                                               an earlier contract, provided that such works
                                                                               conform to a basic project for which a first
                                                                               contract was awarded according to the pro-
      (c) in exceptional cases, when the nature of the                         cedures referred to in paragraph 4.
           works or the risks attaching thereto do not permit
           prior overall pricing.
                                                                               As soon as the first project is put up for tender,
                                                                               notice must be given that this procedure might be
                                                                               adopted and the total estimated cost of sub-
      3. The contracting authorities may award their
                                                                               sequent works shall be taken into consideration
      public works contracts by negotiated procedure
                                                                               by the contracting authorities when they apply
      without prior publication of a tender notice, in the
                                                                               the provisions of Article 4a. This procedure may
      following cases:
                                                                               only be applied during the three years following
                                                                               the conclusion of the original contract.
      (a) in the absence of tenders or of appropriate
           tenders in response to an open or restricted                   4. In all other cases, the contracting authorities
          procedure in so far as the original terms of the                shall award their public works contracts by the open
          contract are not substantially altered and pro-                 procedure or by the restricted procedure.'
          vided that a report is communicated to the
           Commission at its request;
                                                                          The following Article is inserted:
      (b) when, for technical or artistic reasons or for
          reasons connected with the protection of exclus-
                                                                          'Article 5a
          ive rights, the works may only be carried out by a
          particular contractor;
                                                                          1. The contracting authority shall, within 15 days
                                                                          of the date on which the request is received, inform
      (c) in so far as is strictly necessary when, for reasons            any eliminated candidate or tenderer who so
          of extreme urgency brought about by events                      requests of the reasons for rejection of his appli-
          unforeseen by the contracting authorities in                    cation or his tender and, in the case of a tender, the
          question, the time limit laid down for the open,                name of the successful tenderer.
          restricted or negotiated procedures referred to in
          paragraph 2 above cannot be kept. The circum-
          stances invoked to justify extreme urgency must                 2. The contracting authority shall inform candi-
          not in any event be attributable to the contracting             dates or tenderers who so request of the grounds on
          authorities;                                                    which it decided not to award a contract in respect of
 ---pagebreak--- No C 115/56                            Official Journal of the European Communities                                     8. 5. 89
     which a prior call for competition was made, or to                 (b) use of these standards, European technical
     recommence the procedure. It shall also inform the                     approvals or common technical specifications
     Office for Official Publications of the European                       would oblige the contracting authority to acquire
     Communities of that decision.                                          products or materials incompatible with equip-
                                                                            ment already in use or would entail dis-
     3. For each contract awarded the contracting                           proportionate costs or disproportionate tech-
     authorities shall draw up a written report which                       nical difficulties, but only as part of a clearly
     shall include at least the following:                                  defined and recorded strategy with a view to
                                                                            change-over, within a given period, to European
                                                                            standards, European technical approvals or
     — the name and address of the contracting au-                          common technical specifications;
         thority, the subject and value of the contract,
     — the names of the candidates or tenderers admitted               (c) the project concerned is of a genuinely innovative
         and the reasons for their selection,                               nature for which use of existing European
                                                                            standards, European technical approvals or
                                                                            common technical specifications would not be
     — the names of the candidates or tenderers rejected
                                                                            appropriate.
         and the reasons for their rejection,
     — the name of the successful tenderer and the                     4. Contracting authorities invoking paragraph 3
         reasons for his tender having been selected and, if           shall record, wherever possible, the reasons for
         known, any share of the contract the successful               doing so in the tender notice published in the Official
         tenderer may intend to subcontract to a third                 Journal of the European Communities or in the
         party,                                                        contract documents and in all cases shall record
                                                                       these reasons in their internal documentation and
                                                                       shall supply such information on request to Member
     — for negotiated procedures, the circumstances
                                                                       States and to the Commission.
         referred to in Article 5 which justify the use of
         these procedures.
                                                                       5. In the absence of European standards or
     This report, or the main features of it, shall be                 European technical approvals or common technical
     communicated to the Commission at its request.'                   specifications, the technical specifications:
9.   Articles 7, 8 and 9 are deleted.                                  (a) shall be defined by reference to the national
                                                                            technical specifications recognized as complying
                                                                            with the basic requirements listed in the Com-
10.  Article 10 is replaced by the following:                               munity Directives on technical harmonization, in
                                                                            accordance with the procedures laid down in
                                                                            those Directives, and in particular in accordance
     'Article 10                                                            with the procedures laid down in Council
                                                                            Directive ... on construction products;
     1. The technical specifications defined in Annex III
     shall be given in the general documents or the
     contractual documents relating to each contract.                  (b) may be defined by reference to national technical
                                                                            specifications relating to design and method of
                                                                            calculation and execution of works and use of
     2. Without prejudice to the legally-binding
                                                                            materials:
     national technical rules and in so far as these are
     compatible with Community law, such technical
     specifications shall be defined by the contracting                (c) may be defined by reference to other documents.
     authorities by reference to national standards
     implementing European standards, or by reference
     to European technical approvals or by reference to                     In this case, it is appropriate to make reference in
     common technical specifications.                                       order of preference to :
     3. A contracting authority may depart             from                 (i) national standards implementing inter-
     paragraph 2 if:                                                              national standards accepted by the country
                                                                                  of the contracting authority;
     (a) the standards, European technical approvals or
         common technical specifications do not include                     (ii) other national standards and national tech-
         any provision for establishing conformity, or                            nical approvals of the country of the con-
         technical means do not exist for establishing                            tracting authority;
         satisfactorily the conformity of a product to these
         standards, European technical approvals or
         common technical specifications;                                   (iii) any other standard.
 ---pagebreak--- 8. 5. 89                               Official Journal of the European Communities                              No C 115/57
      6. Unless such specifications are justified by the               channels to the Office for Official Publications of the
      subject of the contract, Member States shall prohibit            European Communities. In the case of the ac-
      the introduction into the contractual clauses relating           celerated procedure referred to in Article 15, the
      to a given contract of technical specifications which            notice shall be sent by telex, telegram or telefax.
      mention products of a specific make or source or of a
      particular process and which therefore favour or
      eliminate certain undertakings. In particular, the
      indication of trade marks, patents, types, or of a                (a) The notice referred to in paragraph 1 shall be sent
      specific origin or production shall be prohibited.                    as soon as possible after the decision approving
      However, if such indication is accompanied by the                     the planning of the works contracts that the
      words "or equivalent", it shall be authorized in cases                contracting authorities intend to award;
      where the authorities awarding contracts are unable
      to give a description of the subject of the contract
      using specifications which are sufficiently precise               (b) The notice referred to in paragraph 5 shall be sent
      and intelligible to all parties concerned.'                           at the latest 48 days after the award of the
                                                                            contract in question.
11.   Article 11 is deleted.
                                                                       7. The notices referred to in paragraphs 1, 2, 3, 4
                                                                       and 5 shall be drawn up in accordance with the
12.   Articles 12 to 15 are replaced by the following:                 models given in Annex IV, V and VI, and shall
                                                                       specify the information requested in those Annexes.
      'Article 12
                                                                       In open, restricted and negotiated procedures, the
      1. Contracting authorities shall make known, by                  contracting authorities may not require any con-
      means of an indicative notice, the essential charac-             ditions but those specified in Articles 25 and 26 when
      teristics of the works contracts which they intend to            requesting information concerning the economic
      award and the estimated value of which is not less               and technical standards which they require of
      than the threshold laid down in Article 4a (1).                  contractors for their selection [point 11 of Annex IV
                                                                       (B), point 10 of Annex IV (C) and point 9 of Annex
                                                                       IV (D)].
      2. Contracting authorities who wish to award a
      public works contract by open, restricted or
      negotiated procedure referred to in Article 5(2), shall
      make known their intention by means of a notice.                 8. The notices referred to in paragraphs 1 and 5
                                                                       above shall be published in full in the official Journal
                                                                       of the European Communities and in the TED data
      3. Contracting authorities who wish to award a                   bank in the official languages of the Communities,
      works concession contract shall make known their                 the original text alone being authentic.
      intention by means of a notice.
      4. Works concessionaires other than a contracting                9. The notices referred to in paragraphs 2, 3 and 4
      authority who wish to award a works contract to be               shall be published in full in the Official Journal of the
      carried out by third parties as defined in Article lb            European Communities and in the TED data bank in
      (4), shall make known their intention by means of a              their original language. A summary of the important
      notice.                                                          elements of each notice shall be published in the
                                                                       other official languages of the Communities, the
                                                                       original text alone being authentic.
      5. Contracting authorities who have awarded a
      contract shall make known the result by means of a
      notice. However, certain information on contract
      award may, in certain cases, not be published where               10. The Office for Official Publications of the
      release of such information would impede law                     European Communities shall publish the notices not
      enforcement or otherwise be contrary to the public               later than 12 days after their dispatch. In the case of
      interest, would prejudice the legitimate commercial              the accelerated procedure referred to in Article 15,
      interests of particular enterprises, public or private,          this period shall be reduced to five days.
      or might prejudice fair competition between con-
      tractors.
                                                                        11. The notice shall not be published in the official
      6. The contracting authorities shall send the                    journals or in the press of the country of the
      notices referred to in the preceding paragraphs as               contracting authority before the abovementioned
      rapidly as possible and by the most appropriate                  date of dispatch, and it shall mention this date. It
 ---pagebreak--- No C 115/58                               Official Journal of the European Communities                                    8. 5. 89
     shall not contain information other than that                        contracting authorities shall be not less than 37 days
     published in the Official Journal of the European                    from the date of dispatch of the notice.
     Communities.
                                                                          2. The contracting authorities shall simul-
     12. The contracting authorities must be able to                      taneously and in writing invite the selected candi-
     supply proof of the date of dispatch.                                dates to submit their tenders. The letter of invitation
                                                                          shall be accompanied by the contract documents and
                                                                          supporting documents. It shall include at least the
     13. The cost of publication of the notices in the                    following information:
     Official Journal of the European Communities shall
     be borne by the Communities. The length of the
     notice shall not be greater than one page of the                     (a) where appropriate, the address of the service
     Journal, or approximately 650 words. Each edition                        from which the contract documents and support-
     of the Journal containing one or more notices shall                      ing documents can be requested and the final date
     reproduce the model notice or notices on which the                       for making such a request; also the amount and
     published notice or notices are based.                                   terms of payment of any sum to be paid for such
                                                                              documents;
     Article 13
                                                                          (b) the final date for receipt of tenders, the address to
                                                                              which they must be sent and the language or
     1. In open procedures the lime limit for the receipt
                                                                              languages in which they must be drawn u p ;
     of tenders shall be fixed by the contracting
     authorities at not less than 52 days from the date of
     sending the notice.
                                                                          (c) a reference to the contract notice published;
     2. The time limit for the receipt of tenders
                                                                          (d) an indication of any documents to be annexed,
     provided for in paragraph 1 may be reduced to 36
                                                                              either to support the verifiable statements
     days where the contracting authorities have pub-
                                                                              furnished by the candidate in accordance with
     lished a tender notice, drafted in accordance with the
                                                                              Article 12(7), or to supplement the information
     specimen in Annex IV (A) provided for in Article
                                                                              provided for in that Article under the same
     12(1), in the Official Journal of the European
                                                                              conditions as those laid down in Articles 25 and
     Communities.
                                                                              26;
     3. Provided they have been requested in good time,
     the contract documents and supporting documents                      (e) the criteria for the award of the contract if these
     must be sent to the contractors by the contracting                       are not given in the notice.
     authorities or competent departments within six
     days of receiving their application.
                                                                          3. In restricted procedures, the time limit for
                                                                          receipt of tenders fixed by the contracting authorities
     4. Provided it has been requested in good time,                      may not be less than 40 days from the date of
     additional information relating to the contract                      dispatch of the written invitation.
     documents shall be supplied by the contracting
     authorities not later than six days before the final
     date fixed for receipt of tenders.                                   4. The time limit for receipt of tenders laid down in
                                                                          paragraph 3 may be reduced to 26 days where the
                                                                          contracting authorities have published the tender
     5. Where the contract documents, supporting                          notice, drafted according to the specimen in Annex
     documents or additional information are too bulky                    IV (A) provided for in Article 12(1), in the Official
     to be supplied within the time limits laid down in                   Journal of the European Communities.
     paragraph 3 or 4 or where tenders can only be made
     after a visit to the site or after on-the-spot inspection
     of the documents supporting the contract docu-                       5. Requests to participate in procedures for the
     ments, the time limits laid down in paragraphs 1 and                 award of contracts may be made by letter, by
     2 shall be extended accordingly.                                     telegram, telex, telefax or by telephone. If by one of
                                                                          the last four, they must be confirmed by letter
                                                                          dispatched before the end of the period laid down in
     Article 14                                                           paragraph 1.
     1. In restricted procedures and negotiated pro-                      6. Provided it has been requested in good time,
     cedures as described in Article 5(2), the time limit for             additional information relating to the contract
     receipt of requests to participate fixed by the                      documents must be supplied by the contracting
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                             No C 115/59
      authorities not later than six days before the final              not less than 40 days from the date of dispatch of the
      date fixed for the receipt of tenders.                            notice or the invitation to tender.'
      7. Where tenders can only be made after a visit to           14.  Articles 16, 17 and 18 are deleted.
      the site or after on-the-spot inspection of the
      documents supporting the contract documents, the
      time limit laid down in paragraphs 3 and 4 shall be
                                                                   15.  Articles 19 and 20 are replaced by the following:
      extended accordingly.
                                                                        'Article 19
      Article 15
                                                                        Contracting authorities may arrange for the publi-
      1. In cases where urgency renders impracticable                   cation in the Official Journal of the European
      the time limits laid down in Article 14, the                       Communities of notices announcing public works
      contracting authorities may fix the following time                contracts which are not subject to the publication
      limits:                                                           requirement laid down in this Directive.
      (a) a time limit for receipt of requests to participate           Article 20
          which shall be not less than 15 days from the date
          of dispatch of the notice,                                    Contracts shall be awarded on the basis of the
                                                                        criteria laid down in Chapter 2 of this Title, taking
      (b) a time limit for the receipt of tenders which shall           into account Article 20a, after the suitability of the
          be not less than 10 days from the date of the                 contractors not excluded under Article 23 has been
          invitation to tender.                                         checked by the contracting authorities in accordance
                                                                        with the criteria of economic and financial standing
                                                                        and of technical knowledge or arbility referred to in
      2. Provided it has been requested in good time,                   Articles 25 to 28.'
      additional information relating to the contract
      documents must be supplied by the contracting
      authorities not later than four days before the final        16.  The following Articles are inserted:
      date fixed for the receipt of tenders.
                                                                         'Article 20a
      3. Requests for participation in contracts and
      invitations to tender must be made by the most rapid              Where the criterion for the award of the contract is
      means of communication possible. When requests to                 that of the most economically advantageous tender,
      participate are made by telegram, telex, telefax or               contracting authorities may take account of variants
      telephone, they must be confirmed by letter dis-                  which are submitted by a tenderer and meet the
      patched before the expiry of the time limit referred to           minimum specifications required by the contracting
      in paragraph 1.'                                                  authorities.
                                                                        The contracting authorities shall state in the
13.   The following Articles are inserted:                              contract documents the minimum specifications to
                                                                         be respected by the variants and any specific
      'Article 15a                                                      requirements for their presentation. They shall
                                                                        indicate in the tender notice whether variants will be
                                                                        considered.
      Contracting authorities who wish to award a works
      concession contract as defined in Article 1(d) shall
                                                                         Contracting authorities may not reject the submis-
      fix a time limit for receipt of candidatures for the
                                                                         sion of a variant on the sole grounds that it has been
      concession, which shall not be less than 52 days from
                                                                        drawn up with technical specifications defined by
      the date of dispatch of the notice.
                                                                         reference to national standards implementing Euro-
                                                                        pean standards, to European technical approvals or
      Article 15b                                                        to common technical specifications referred to in
                                                                        Article 10(2) or by reference to national technical
                                                                         specifications referred to in Article 10(5)(a) and (b).
      In works contracts awarded by a concessionaire of
      works other than an authority awarding contracts,
                                                                         Article 20b
      the time limit for the receipt of requests to
      participate shall be fixed by the concessionaire at not
      less than 37 days from the date of dispatch of the                 In the contract documents, the contracting authority
      notice, and the time limit for the receipt of tenders at           may ask the tenderer to indicate in his tender any
 ---pagebreak--- No C 115/60                            Official Journal of the European Communities                                 8. 5. 89
     share of the contract he may intend to subcontract to             bidders from different Member States and to the
     third parties.                                                    extent that such measures are provided for in the
                                                                       context of operational programmes presented by the
                                                                       competent authorities in the Member States and
     This indication shall be without prejudice to the                 agreed by the Commission. In this event, the
     question of the principal contractor's final re-                  contracting authorities shall indicate these con-
     sponsibility.'                                                    ditions in the tender notice.'
                                                                  18.  The following Article is inserted:
17.  Article 22 is replaced by the following:
                                                                       'Article 22b
     'Article 22                                                       1. The contracting authority shall state in the
                                                                       contract documents the authority or authorities
                                                                       from which a tenderer may obtain the appropriate
     1. In restricted and negotiated procedures the                    information on the obligations relating to the
     contracting authorities shall, on the basis of                    employment protection provisions and the working
     information given relating to the contractor's                    conditions which are in force in the Member State,
     personal position as well as to the information and               region or locality in which the works are to be
     formalities necessary for the evaluation of the                   executed and which shall be applicable to the works
     minimum conditions of an economic and technical                   carried out on site during the performance of the
     nature to be fulfilled by him, select from among the              contract.
     candidates with the qualifications required by
     Articles 23 to 28 those whom they will invite to                  2. The tenderer shall indicate in his offer that he
     submit a tender or to negotiate.                                  has taken account of the obligations relating to
                                                                       employment protection provisions and the working
                                                                       conditions in force on the place where the work is
     2. Where the contracting authorities award a                      carried out.'
     contract by restricted procedure, they may prescribe
     the range within which the number of undertakings
                                                                  19.  Article 24 is replaced by the following:
     which they intend to invite will fall. In this case the
     range shall be indicated in the contract notice. The
                                                                       'Article 24
     range shall be determined in the light of the nature of
     the work to be carried out. The range must number
                                                                       Any contractor wishing to take part in a public
     at least five undertakings and may be up to 20. In any
                                                                       works contract may be requested to prove his
     event, the number of candidates invited to tender
                                                                       enrolment in the professional or trade register under
     shall be sufficient to ensure genuine competition.
                                                                       the conditions laid down by the laws of the Member
                                                                       State in which he is established:
     3. Where the contracting authorities award a
                                                                       — In Belgium, the "registre du commerce —
     contract by negotiated procedure as referred to in
                                                                           Handelsregister",
     Article 5(2), the number of candidates admitted to
     negotiate may not be less than three provided that
                                                                       — In Denmark, the "Erhvervs- og Selskabsstyrel-
     there is a sufficient number of suitable candidates.
                                                                           sen",
                                                                       — In Germany, the "Handelsregister" and the
     4. Each Member State shall ensure that contracting
     authorities issue invitations without discrimination                  "Handwerksrolle",
     to those nationals of other Member States who
                                                                       — in Greece, a declaration on the exercise of the
     satisfy the necessary requirements and under the
                                                                           profession of public works contractor made on
     same conditions as to its own nationals.'
                                                                           oath before a notary may be required,
                                                                       — in Spain, the "Registro Oficial de Contratistas del
17a. The following Article is inserted:                                    Ministerio de Industria y Energia",
                                                                       — in France, the "registre du commerce" and the
     'Article 22a                                                          "repertoire des metiers",
                                                                       — in Italy, the "Registro della Camera di com-
     Contracting authorities may require as a condition                    mercio, industria, agricoltura e artigianato",
     of participation in contracts measures whose aim is
     to help in the fight against long-term unemployment               — in Luxembourg, the "registre aux firmes" and the
     and in the insertion of young people in employment                    "role de la Chambre des metiers",
     to the extent that such measures are without either
     direct or indirect discrimination with regard to                  — in the Netherlands, the "Handelsregister",
 ---pagebreak--- 8. 5. 89                                 Official Journal of the European Communities                            No C 115/61
      — in Portugal, the "Commissao de Alvaras de                        question. Recourse to this exceptional procedure
           Empresas de Obras Publicas e Particulares"                    shall be mentioned in the notice referred to in Article
           "(CAEOPP)",                                                    12(5).'
      — in the United Kingdom and Ireland, the contrac-             21.  The following Articles are inserted in Title V:
           tor may be requested to provide a certificate from
           the "Registrar of Companies" or the "Registrar of             'Article 29a
           Friendly Societies" or, if this is not the case, a
           certificate stating that the person concerned has              1. Until 31 December 1992, this Directive shall not
           declared on oath that he is engaged in the                    prevent the application of existing national provi-
           profession in question in the country in which he             sions on the award of public works contracts which
           is established, in a specific place and under a               have as their objective the reduction of regional
           given business name.'                                         disparities and the promotion of job creation in
                                                                         regions whose development is lagging behind and in
                                                                         declining industrial regions, on condition that the
                                                                         provisions concerned are compatible with the
20.   Article 29(3) is deleted and Article 29(4) and (5)                 Treaty, in particular with the principles of non-
      replaced by the following:                                         discrimination on grounds of nationality, freedom of
                                                                         establishment and freedom to provide services, and
                                                                         with the Community's international obligations.
      '4. Paragraph 1 shall not apply when a Member
      State bases the award of contracts on other criteria,
                                                                         2. Paragraph 1 shall be without prejudice to Article
      within the framework of rules in force at the time of
                                                                         29(4).
      the adoption of this Directive whose aim is to give
      preference to certain tenderers, on condition that the
      rules invoked are compatible with the Treaty.                      Article 29b
                                                                          1. Member States shall inform the Commission of
      5. If, for a given contract, tenders appear to be                  national provisions covered by Article 29(4) and
      abnormally low in relation to the transaction, before              Article 29a and of the rules for applying them.
      it may reject those tenders the contracting authority
      shall request, in writing, details of the constituent               2. Member States concerned shall forward to the
      elements of the tender which it considers relevant                  Commission, every year, a report describing the
      and shall verify those constituent elements taking                  implementation of these provisions. The reports
      account of the explantations received.                              shall be submitted to the Advisory Committee for
                                                                         Public Works Contracts.'
      The contracting authority may take into consider-
       ation explanations which are justified on objective          22.   The following Articles are inserted:
      grounds including the economy of the construction
       method, or the technical solutions chosen, or the                  'Article 30a
      exceptionally favourable conditions available to the
      tenderer for the execution of the work, or the
      originality of the work proposed by the tenderer.                   1. In order to permit assessment of the results of
                                                                          applying the Directive, Member States shall forward
                                                                          to the Commission a statistical report on the
                                                                          contracts awarded by contracting authorities by 31
       If the documents relating to the contract provide for
                                                                          October 19.. at the latest (*) for the preceding year
       its award at the lowest price tendered, the contract-
                                                                          and thereafter by 31 October of every second year.
       ing authority must communicate to the Commission
       the rejection of tenders which it considers to be too
       low.                                                               Nevertheless, for Greece, Spain and Portugal, the
                                                                          date "31 October 19.." is replaced by "31 October
                                                                          1995".
       However, until the end of 1992, if current national
       law so permits, the contracting authority may                      2. This report shall detail at least the number and
       exceptionally, without any discrimination on                       value of contracts awarded by each contracting
       grounds of nationality, reject tenders which are                   authority or category of contracting authority above
       abnormally low in relation to the transaction,                     the threshold, subdivided as far as possible by
       without being obliged to comply with the procedure                 procedure, category of work and the nationality of
       provided for in the first subparagraph if the number               the contractor to whom the contract has been
       of such tenders for a particular contract is so high               awarded, and in the case of negotiated procedures,
       that implementation of this procedure would lead to                subdivided in accordance with Article 5, listing the
       a considerable delay and jeopardize the public                     number and value of the contracts awarded to each
       interest attaching to the execution of the contract in             Member State and to third countries.
 ---pagebreak--- No C 115/62                            Official Journal of the European Communities                                          8. 5. 89
     3. The Commission shall determine the nature of                       3. Amended versions of Annex I shall be published
     any additional statistical information, which is                      in the Official Journal of the European Com-
     requested in accordance with this Directive, in                       munities.
     consultation with the Advisory Committee for
     Public Works Contracts.
     Article 30b                                                           (*) Three years after the entry into force of the Directive.'
     1. Annex I to this Directive shall be amended by               23.    Article 31 is deleted.
     the Commission when, in particular on the basis of
     the notifications from the Member States, it is                24.    Annexes I and II to Directive 71/305/EEC are
     necessary:                                                            replaced by Annexes I to VI to this Directive.
     (a) to remove from Annex I bodies governed by
         public law which no longer fulfil the criteria laid                                    Article 2
         down in Article l b ;
                                                                    Directive 72/277/EEC is hereby repealed.
     (b)to include in that Annex bodies governed by
         public law which meet those criteria.
                                                                                                Article 3
     2. Amendments to Annex I shall be made by the
     Commission after consulting the Advisory Commit-               Member States shall bring into force the measures
     tee for Public Works Contracts.                                necessary to comply with this Directive by ... at the latest...
                                                                    They shall forthwith inform the Commission thereof.
     The chairman of the Committee shall submit to the
     Committee a draft of any measures to be taken. The             Nevertheless, for Greece, Spain and Portugal, the date '...'
     Committee shall deliver its opinion on the draft, if           is replaced by '1 March 1992'.
     necessary by taking a vote, within a time limit to be
     fixed by the chairman in the light of the urgency of                                       Article 4
     the matter.
                                                                    Member States shall communicate to the Commission the
     The opinion shall be recorded in the minutes. In               texts of the basic provisions of domestic law, whether laws,
     addition, each Member State shall have the right to            regulations or administrative provisions, which they adopt
     request that its position be recorded in the minutes.          to comply with this Directive.
     The Commission shall take the fullest account of the
     opinion delivered by the Committee. It shall inform                                        Article 5
     the Committee of the manner in which its opinion
     has been taken into account.                                   This Directive is addressed to the Member States.
                                                           ANNEX I
             LISTS OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW REFERRED T O
                                                       IN ARTICLE 1 (b)
                   IN BELGIUM
                   — i e Fonds des Routes 1955-1969' — 'het Wegenfonds',
                   — 'la Regie des Voies Aeriennes' — 'de Regie der Luchtwegen',
                   — public social assistance centres,
                   — church councils,
                   — TOffice Regulateur de la Navigation Interieure' — 'de Dienst voor regeling van de Binnenvaart',
                   — 'la Regie des services frigorifiques de l'Etat beige' — 'de Regie der Belgische Rijkskoel- en
                       Vriesdiensten'.
            II.    IN DENMARK
                   'andre forvaltningssubjekter'.
 ---pagebreak--- D,^ ^                           C^thci^l]ourn^lotrr^c^uronc^nCornrnuniU^                                         ^o^ii^B^
      lit   t^G^R^tA^r^
           the ^bundesunmittelbaren Korperschaften, Anstalten und Stiftungen des offentlichen Rechts^ the
           ^landesunmittelbaren Korperschaften,Anstalten und Stiftungen des offentlichenRechts'subjectto State
           budgetary supervision.
      IV     l^GR^G^
           other legal persons governed by public law whose public works contracts are subject to State control.
      V     t^Sl^At^
           other legal persons subject to public rules for the award of contracts.
      VI     l^^RA^G^
           — administrative public bodies at national, departmental and local levels,
           — universities, public scientific and cultural bodies and other establishments as defined by the Law
               setting out guidelines for higher education ^ o ^ ^ ^ of t ^ ^ C o v e m b e r t ^ ^ .
      Vlt   I^IR^LA^O
           other public authorities whose public works contracts are subject to control by the State,
      Vttl  I^ITAL^
           — State universities, State university institutes, consortia for university development works,
           — higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological
               observatories,
           —    the^ntidinformafondiana',
           — welfare and benevolent institutes of all kinds.
      IX.   l^LUX^^t80URG
           public bodies subjectto control by the Government, by an association of municipal corporationsorbya
           municipal corporation.
      X.     l^T^^^^T^^RLA^OS
           — the^aterschappen',
           — the 5nstelhngen van wetenschappelnk onderwijs vermeld in Artikel t^ van de ^ e t op het
               ^etenschappelijkOnderwijs^r^O^mhe^academische^iekenhui^en',
           —    the^ederlandseGentraleOrganisatievoortoegepastnatuurwetenschappelijkOnder^oek^Tl^O^
               and its dependent organisations.
      XI   t ^ PORTUGAL
           legal persons governed by public law whose pubhc works contracts are subject to State control.
      Xlt, t^r^^u^tr^nKt^Gno^
           — education Authorities,
           — t^ire Authorities,
           — national health Service Authorities,
           — police Authorities,
           — Gommissionforthe^ewTowns,
           — ^ewTownsGorporations,
           — Scottish Special housing Association,
           — northern Ireland housing t^ecutive
 ---pagebreak--- No C 115/64                      Official Journal of the European Communities                                           8. 5. 89
                                                       ANNEX II
                  LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN THE GENERAL INDUSTRIAL
             CLASSIFICATION OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES
                              Subgroups
            Classes   Groups                                               Description
              50                           BUILDING AND CIVIL ENGINEERING
                        500                General building and civil engineering work (without any particular
                                           specification) and demolition work
                                500.1         General building and civil engineering work (without any particular
                                              specification)
                                500.2         Demolition work
                        501                Construction of flats, office blocks, hospitals and other buildings, both
                                           residential and non-residential
                                501.1         General building contractors
                                501.2         Roofing
                                501.3         Construction of chimneys, kilns and furnaces
                                501.4         Water-proofing and damp-proofing
                                501.5         Restoration and maintenance of outside walls (repainting, cleaning,
                                501.6         Erection and dismantlement of scaffolding
                                501.7         Other specialized activities relating to construction work (including
                                              carpentry)
                        502                Civil engineering: construction of roads, bridges, railways, etc.
                                502.1         General civil engineering work
                                502.2         Earth-moving (navvying)
                                502.3         Construction of bridges, tunnels and shafts; drilling
                                502.4         Hydraulic engineering (rivers, canals, harbours, flows, locks and
                                              dams)
                                502.5         Road-building (including specialized construction of airports and
                                              runways)
                                502.6         Specialized construction work relating to water (i.e. to irrigation' land
                                              drainage, water supply, sewage disposal, sewerage, etc.)
                                502.7         Specialized activities in other areas of civil engineering
                        503                Installation (fittings and fixtures)
                                503.1         General installation work
                                503.2         Gas fitting and plumbing, and the installation of sanitary equipment
                                503.3         Installation of heating and ventilating apparatus (central heating, air-
                                              conditioning, ventilation)
                                503.4         Sound and heat insulation; insulation against vibration
                                503.5         Electrical fittings
                                503.6         Installation of aerials, lightning conductors' telephones, etc.
                        504                Building completion work
                                504.1         General building completion work
                                504.2         Plastering
                                504.3         Joinery, primarily engaged in on the site assembly and/or installation
                                              (including the laying of parquet flooring)
                                504.4         Painting, glazing and paper-hanging
                                504.5         Tiling and otherwise covering floors and walls
                                504.6         Other building completion work (putting in fireplaces, etc.)
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                                        No C 115/65
                                                             ANNEX III
                                 DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
         For the purposes of this Directive, the following terms shall be defined as follows:
         1.   'Technical specifications': the totality of the technical prescriptions contained in particular in the tender
            • documents, defining the characteristics required of a work, material, product or supply, which permits a
              work, a material, a product or a supply to be described in a manner such that it fulfils the use for which it is
              intended by the contracting authority. These technical prescriptions shall include levels of quality,
              performance, safety or dimensions, including the requirements applicable to the material, the product or to
              the supply as regards quality assurance, terminology, symbols, testing and test methods, packaging,
              marking or labelling. They shall also include rules relating to design and costing, the test, inspection and
              acceptances for works and methods or techniques of construction and all other technical conditions which
              the contracting authority is in a position to prescribe, under general or specific regulations, in relation to
              the finished works and to the materials or parts which they involve.
         2.   'Standard': a technical specification approved by a recognized standardizing body for repeated and
              continuous application, compliance with which is in principle not compulsory.
         3.   'European standard': a standard approved by the European Committee for Standardization (CEN) or by
              the European Committee for Electrotechnical Standardization (Cenelec) as 'European Standards (EN)' or
              'Harmonisation Documents (HD)' according to the Common Rules of these organizations.
         4.   'European technical approval': a favourable technical assessment of the fitness for use of a product, 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. The European agreement shall be issued by
              an approval body designated for this purpose by the Member State.
         5.   'Common technical specification': a technical specification laid down in accordance with a procedure
              recognized by the Member States to ensure uniform application in all Member States which has been
              published in the Official Journal of the European Communities.
         6.   'Essential requirements': requirements regarding safety, health and certain other aspects in the general
              interest, that the construction works can meet.
                                                                ANNEX    IV
                                                   MODEL CONTRACT NOTICES
                                                           A. Prior Information
         1.   The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting
              authority:
         2.    (a) The site:
               (b) The nature and extent of the services to be provided and, where relevant, the main characteristics of any
                   lots by reference to the work:
               (c) if available: an estimate of the cost range of the proposed services:
         3.    (a) Estimated date for initiating the award procedures in respect of the contract or contracts:
               (b) If known: estimated date for the start of the work:
               (c) If known: estimated time-table for completion of the work:
         4.   If known: terms of financing of the work and of price revision and/or references to the provisions in which
              these are contained:
         5.   Other information:
         6.   Date of dispatch of the notice:
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          7.  Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                           B. Open procedures
          1.  The name, address, telephone number, telegraphic address, telex and facsimile numbers of the contracting
              authority:
          2.  (a) The award procedure chosen:
              (b) Nature of the contract for which tenders are being requested:
          3.  (a) The site:
              (b) The nature and extent of the services to be provided and general nature of the work:
              (c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility
                  of tendering for one, for several or for all of the lots:
              (d) Information concerning the purpose of the work or the contract where the latter also involves the
                  drawing up of projects:
          4.  Any time limit for completion:
          5.  (a) Name and address of the service from which the contract documents and additional documents may be
                  requested:
              (b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents:
          6.  (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:
          7.  (a) Where applicable, the persons authorized to be present at the opening of tenders:
              (b) The date, hour and place of such opening:
          8.  Any deposit and guarantees required:
          9.  Main terms concerning financing and payment and/or references to the provisions in which these are
              contained:
          10. Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is
              awarded:
          11. Minimum economic and technical standards required of the contractor to whom the contract is awarded:
          12. Period during which the tenderer is bound to keep open his tender:
          13. 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:
          14. Where applicable, prohibition on variants:
          15. Other information:
          16. Date of publication of the prior information notice in the Official Journal of the European Communities or
              reference to its non-publication:
          17. Date of dispatch of the notice:
          18. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                         C. Restricted procedures
          1.  The name, address, telephone number, telex and facsimile numbers of the contracting authority:
          2.  (a) The award procedure chosen:
              (b) Where applicable, justification for the use of the accelerated procedure:
              (c) Nature of the contract for which tenders are being requested:
          3.  (a) The site:
              (b) The nature and extent of the services to be provided and general nature of the work:
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             (c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility
                 of tendering for one, for several or for all of the lots:
             (d) Information concerning the purpose of the work or the contract where the latter also involves the
                 drawing up of projects:
         4.  Any time limit for completion:
         5.  Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is
             awarded:
         6.  (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:
         7.  The final date for dispatch of invitations to tender:
         8.  Any deposit and guarantees required:
         9.  Main terms concerning financing and payment and/or the provisions in which these are contained:
         10. Information concerning the contractor's personal position and minimum economic and technical
             standards required of the contractor to whom the contract is awarded:
         11. The criteria for the award of the contract where they are not mentioned in the invitation to tender:
         12. Where applicable, prohibition on variants:
         13. Other information:
         14. Date of publication of the prior information notice in the Official Journal of the European Communities or
             reference to its non-publication:
         15. Date of dispatch of the notice:
         16. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                       D. Negotiated procedures
         1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting
             authority:
         2.  (a) The award procedure chosen:
             (b) Where applicable, justification for the use of the accelerated procedure:
             (c) Nature of the contract for which tenders are being requested:
         3.  (a) The site:
             (b) The nature and extent of the services to be provided and general nature of the work:
             (c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility
                 of tendering for one, for several or for all of the lots:
             (d) Information concerning the purpose of the work or the contract where the latter also involves the
                 drawing up of projects:
         4.  Any time limit:
         5.  Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is
             awarded:
         6.  (a) 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:
         7.  Any deposit and garantees required:
         8.  Main terms concerning financing and payment and/or the provisions in which these are contained:
         9.  Information concerning the contractor's personal position and information and formalities necessary in
             order to evaluate the minimum economic and technical standards required of the contractor to whom the
             contract is awarded:
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          10. Where applicable, prohibition on variants:
          11. Where applicable, the names and addresses of suppliers already selected by the awarding authority:
          12. Where applicable, date(s) of previous publications in the Official Journal of the European   Communities:
          13. Other information:
          14. Date of publication of the prior information notice in the Official Journal of the European  Communities:
          15. Date of dispatch of the notice:
          16. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                         E. Contract awards
          1.  Name and address of awarding authority:
          2.  Award procedure chosen:
          3.  Date of award of contract:
          4.  Criteria for award of contract:
          5.  Number of offers received:
          6.  Name and address of successful contractor(s):
          7.  Nature and extent of the services provided, general characteristics of the finished structure:
          8.  Price or range of prices (minimum/maximum) paid:
          8a. The value and the share of the contract likely to be sub-contracted to third parties.
          9.  Other information:
          10. Date of publication of the tender notice in the Official Journal of the European       Communities:
          11. Date of dispatch of the notice:
          12. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                             ANNEX      V
                                      MODEL NOTICE OF PUBLIC WORKS CONCESSION
          1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting
              authority:
          2.  (a) The site:
              (b) The subject of the concession, nature and extent of the services to be provided:
          3.  (a) Final date for receipt of candidatures:
              (b) The address to which they must be sent:
              (c) The language or languages in which they must be drawn up:
          4.  Personal, technical and financial conditions to be fulfilled by the candidates:
          5.  The criteria for the award of the contract:
          6.  Where applicable, the minimum percentage of the works contracts awarded to third parties:
          7.  Other information:
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         8.  Date of dispatch of the notice:
         9.  Date of receipt of the notice by the Office for Official publications of the European Communities:
                                                            ANNEX     VI
                 MODEL NOTICE OF WORKS CONTRACTS AWARDED BY THE C O N C E S S I O N A I R E
         1.  (a) The site:
             (b) The nature and extent of the service to be provided and the general nature of the work:
         2.  Any time limit for the completion of the works:
         3.  Name and address of the service from which the contract documents and additional documents may be
             requested:
         4.  (a) The final date for receipt of requests to participate and/or 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:
         5.  Any deposit and guarantees required:
         6.  The economic and technical standards required of the contractor:
         7.  The criteria for the award of the contract:
         8.  Other information:
         9.  Date of dispatch of the notice:
         10. Date of receipt of the notice by the Office for Official Publications of the European Communities: