CELEX: 51993PC0667
Language: en
Date: 1993-12-20
Title: Proposal for a COUNCIL DECISION concerning the extension of the benefit of the provisions of Directive 90/531/EEC in respect of the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  C0M(93) 667 final
                                                                  Brussels, 20 December 1993
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                                                 Proposal for a
                                               COUNCIL DECISION
              concerning the extension of the benefit of the provisions of Directive 90/531/EEC
            in respect of the Republic of Austria, the Republic of Finland, the Republic of Iceland,
            the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden
|S «                                  (presented by the Commission)
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 ---pagebreak---                                        ~J*
                         EXPLANATORY MEMORANDUM
The Agreement on the European Economic Area (EEA) contains provisions
concerning the implementation of Council Directive 90/531/EEC2 on the procurement
procedures of entities operating in the water, energy, transport and
telecommunications sectors (the "Utilities Directive") by the EFTA countries which are
parties to the Agreement.
Article 29 of the Utilities Directive provides that tenders comprising products
originating in third countries should be subject to certain restrictions, except where the
Community has concluded an agreement with that country ensuring "effective and
comparable" access for Community undertakings to that country's public procurement
markets. As a result of the EEA agreement, Austria, Finland, Iceland, and Sweden will
provide that level of access to their markets from the date of entry into force of the
EEA of 1 January 1994. They should not therefore be subject to the restrictions
imposed on third country tenders by Article 29.
Norway and Liechtenstein however, have been granted a derogation from the Utilities
Directive until 31 December 1994. The proposed Council Decision therefore makes
clear that the benefits of the Directive will be extended to Norway from 1 January
 1995, or from the date Norway implements the Utilities Directive, if that is earlier and
to Liechtenstein from 1 January 1995 or from the date of the application to the EEA
Agreement, if that is later.
  OJN°L297, 29.10.1990, p. 1
 ---pagebreak---                                          -^   -
                                         Proposal for
                                               a
                                      Council Decision
                                    of... December 1993
   concerning the extension of the benefit of the provisions of Directive 90/53 l/EEC
 in respect of the Republic of Austria, the Republic of Finland, the Republic of Iceland,
 the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 29 of Council Directive 90/53 l/EEC of 17 September 1990 on the
procurement procedures of entities operating in the water, energy, transport and
telecommunications sector1 applies to tenders comprising products originating in third
countries with which the Community has not concluded an agreement ensuring
comparable and effective access for Community undertakings to the markets of these
countries;
Whereas the Agreement on the European Economic Area, and in particular Annex
XVI thereof, hereinafter referred to as the EEA Agreement, from the date of its entry
into force ensures comparable and effective access for Community undertakings to the
markets in Austria, Finland, Iceland and Sweden as regards the award of contracts in
the water, energy, transport and telecommunications sectors; whereas that Agreement
has been approved by the Council;
Whereas Norway and Liechtenstein have been granted a transitional period until 31
December 1994 as regards Council Directive 90/53 l/EEC; whereas the benefits of
Directive 90/53 l/EEC will be extended to Norway and Liechtenstein upon its
implementation,
Whereas the Protocol on the adaptation of the EEA Agreement stipulates that the
EEA Agreement will enter into force in Liechtenstein at a date to be fixed by the
Council of the EEA.
HAS ADOPTED THIS DECISION:
'OJN°L297, 29.10 1990, p. 1
 ---pagebreak---                                            ~ C|
                                        Article 1
The benefit of the provisions of Directive 90/53 l/EEC is hereby extended to tenders
comprising products originating in the Republic of Austria, the Republic of Finland,
the Republic of Iceland and the Kingdom of Sweden.The benefit of the provisions of
Directive 90/53 l/EEC will be extended to tenders comprising products
- originating in the Kingdom of Norway as from 1 January 1995 or from the date of
    Norway's implementation of Directive 90/53 l/EEC, whichever is the earlier
- originating in the Principality of Liechtenstein as from 1 January 1995 or from the
    date of the application of the EEA Agreement to Liechtenstein, if that is later.
                                        Article 2
This decision shall take effect from 1 January 1994.
                                        Article 3
This Decision is addressed to the Member States.
Done at Brussels, ... December 1993
                                                           For the Council
                                                           The President
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (93) 667 final
                                                      DOCUMENTS
EN                                                                         08 li
                                Catalogue number : CB-CO-93-721-EN-C
                                                             ISBN 92-77-62851-0
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