CELEX: 51988PC0377
Language: en
Date: 1988-10-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROCUREMENT PROCEDURES OF ENTITIES PROVIDING WATER, ENERGY, AND TRANSPORT SERVICES

No C 319/2                              Official Journal of the European Communities                                   12. 12. 88
              Proposal for a Council Directive on the procurement procedures of entities providing water,
                                                 energy, and transport services
                                                COM(88) 377 final — SYN 153
                                     (Submitted by the Commission on 11 October 1988)
                                                          (88/C 319/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           by the Act of Accession of Spain and Portugal, and Council
                                                                   Directive 77/62/44C of 21 December 1986 coordinating
Having regard to the Treaty establishing the European              procedures for the award of public supply contracts (2), as
Economic Community, and in particular Article 100a and             last amended by Directive 88/295/EEC ( 3 );
Article 113 thereof,
                                                                   Whereas among such excluded sectors are those concerning
Having regard to the proposal from the Commission,                 the provision of water, energy and transport services;
In cooperation with the European Parliament,                       Whereas the main reason for their exclusion was that
                                                                   entities providing such services are in some cases governed
                                                                   by public law, in others by private law;
Having regard to the opinion of the Economic and Social
Committee,
                                                                   Whereas the need to ensure a real opening-up of the market
Whereas the measures aimed at progressively establishing           and a fair balance in the application of procurement rules in
the internal market, during the period up to 31 December           these sectors requires that the entities to be covered must be
1992, need to be taken; whereas the internal market                identified on a different basis than by reference to their
consists of an area without internal frontiers in which free       legal status;
movement of goods, persons, services and capital is
guaranteed;                                                        Whereas among the main reasons why entities operating in
                                                                   these sectors do not purchase on the basis of Community-
Whereas successive European Councils have drawn                    wide competition is the closed nature of the markets in
conclusions concerning the need to realise a single internal       which they operate, due to the existence of special or
market;                                                            exclusive rights or authorisations granted by the national
                                                                   authorities, concerning the supply or management of
                                                                   networks for providing the service concerned, or to the
Whereas restrictions on the free movement of goods and on          exploitation of a given geographical area for a particular
the freedom to provide services in respect of supply               purpose;
contracts awarded in the water, energy and transport
sectors are prohibited by the terms of Articles 30 and 59 of
the Treaty;                                                        Whereas the other main reason for the absence of
                                                                   Community-wide competition in these areas results from
Whereas Article 91 of the Euratom Treaty prohibits any             various ways in which national authorities can influence
restrictions based on nationality as regards companies             the behaviour of these entities, including participations in
under the jurisdiction of a Member State where they desire         their capital and representation in the entities' adminis-
to participate in the construction of nuclear installations of     trative, managerial or supervisory bodies;
a scientific or industrial nature in the Community;
                                                                   Whereas this Directive should not extend to activities of
Whereas these objectives also require the coordination of          these entities which either fall outside the sectors of water,
the procurement procedures applied by the entities                 energy, and transport services, or which fall within those
operating in these sectors;                                        sectors but nevertheless are directly exposed to competi-
                                                                   titive forces in markets to which entry is unrestricted;
Whereas the White Paper on the completion of the internal
Market contains an action programme and a timetable for            Whereas the purchase of water as such and of energy, as
opening up public procurement markets in sectors which             well as the purchase of fuels for the production of energy,
are currently excluded from Council Directive 71/305/EEC           takes place at present under conditions for which
of 26 July 1971 concerning the coordination of procedures          procurement rules of the type proposed for supplies of
for the award of public works contracts (1), as last amended
                                                                   (2) OJ No L 13, 15. 1. 1977, p. 1.
(!) OJ No L 185, 16. 8. 1971, p. 5.                                (3) OJ No L 127, 20. 5. 1988, p. 1.
 ---pagebreak--- 12. 12. 88                              Official Journal of the European Communities                                No C 319/3
goods are inappropriate, while the problems posed by               HAS ADOPTED THIS DIRECTIVE:
purchases of energy and fuels in the energy sector will be
addressed in the context of the initiatives to be taken to
realize the Community's internal Market in energy;                                             TITLE I
                                                                                         General provisions
Whereas this Directive should not apply to procurement
contracts which affect basic State security interests or                                      Article 1
which are concluded according to other rules set up by
existing international agreements or international organis-        For the purposes of this Directive:
ations ;
                                                                   1. 'Public contracting entities' means public authorities
                                                                       and public undertakings.
Whereas the Community's or the Member States' existing
international obligations must not be affected by the rules        2. 'Public authorities' means the State, regional or local
of this Directive;                                                     authorities, bodies governed by public law or associ-
                                                                       ations formed by one or several of such authorities or
Whereas, within certain limits, a preference should be given           bodies governed by public law. A body is considered to
to an offer of Community origin where there are equivalent             be governed by public law where it:
offers of third country origin;
                                                                       — is established for the specific purpose of meeting
                                                                           needs in the general interest, and
Whereas this Directive should not prejudice the position of
the Community in any current or future international                   — has legal personality and
 negotiations;
                                                                       — has an administrative, managerial, or supervisory
                                                                           board more than half of whose members are
Whereas, based on the results of such international
                                                                           appointed by the State, regional or local authorities,
 negotiations this Directive should be extendable to offers of
                                                                           or by other bodies governed by public law, and
 third country origin, pursuant to a Council Decision;
                                                                       — is financed, for the most part, by the State, or
 Whereas in the area of standards and technical specif-                    regional or local authorities, or other bodies
 ications it is necessary to adopt common rules taking fully               governed by public law.
 into account Community policy in the field;
                                                                   3. 'Public undertakings' means any undertaking over
                                                                       which the public authorities may exercise directly or
 Whereas contracting entities must be able to reject offers            indirectly a dominant influence by virtue of their
 which, because they are based on State aids, are unreliable;          ownership of it, their financial participation therein, or
                                                                       the rules which govern it. A dominant influence on the
 Whereas the principles of equivalence and of mutual                   part of the public authorities shall be presumed when
 recognition of national standards, technical specifications           these authorities, directly or indirectly in relation to an
 and manufacturing methods are applicable in the field of              undertaking:
 application of this Directive;
                                                                       — hold the major part of the undertaking's subscribed
                                                                           capital, or
 Whereas the rules to be applied by the entities concerned
 should establish a framework for sound commercial                     — control the majority of the votes attaching to shares
 practice and should leave a maximum of flexibility;                       issued by the undertakings, or
 Whereas as a counterpart for such flexibility and in the              — can appoint more than half of the members of the
  interest of mutual confidence a minimum level of                         undertaking's administrative, managerial or super-
  transparency and appropriate ways for monitoring the                     visory body.
  application of this Directive must be ensured;
                                                                    4. An 'associated or affiliated undertaking' means any
                                                                        undertaking over which the contracting entity may
  Whereas in the different sectors covered, the procurement             exercise directly or indirectly a dominant influence or
  problems to be solved are of a similar nature permitting              which may exercise a dominant influence over the
  them to be addressed in one instrument;                               contracting entity or which, in common with the
                                                                        contracting entity, is subject to the dominant influence
                                                                        of another undertaking by virtue of ownership,
  Whereas it is desirable for national provisions in favour of          financial participation, or the rules which govern it. A
  regional development to be included in the Communities'               dominant influence on the part of an undertaking shall
  objectives;                                                           be presumed under the circumstances set out in point 3
                                                                        above.
  Whereas the Commission should review the functioning of
  this Directive and the effects which it has had, after four       5. 'Supply and works contracts' are contracts for pe-
  years, in order to make any necessary further proposals,              cuniary interest concluded in writing between one of the
 ---pagebreak--- No C 319/4                               Official Journal of the European Communities                                     12. 12. 88
    contracting entities referred to in Article 2 and a                  test methods, packaging, marking or labelling. In
    tenderer, and which have as their object:                            relation to works contracts, they may also include the
                                                                         test, inspection and acceptances for works and methods
                                                                         or techniques of construction and any other technical
    (a) in the case of supply contracts, the purchase, lease,            conditions, in relation to the finished works and to the
         rental or hire-purchase of products with or without             materials or parts which they involve.
         options to buy. The contract may in addition cover
         siting and installation operations provided that
         their value is lower than that of the products;             10. A 'standard' is a technical specification approved by a
                                                                         recognized standardizing body for repeated and
                                                                         continuous application, compliance with which is in
                                                                         principle not compulsory.
    (b) in the case of works contracts, either the execution
         or both the execution and design of works related to
         one of the activities referred to in Annex X or the        11. A 'European standard' is a standard approved by the
         realisation by whatever means of building or civil             European Committee for Standardisation (CEN) or by
         engineering works taken as a whole that are                     the European Committee for Electrotechnical Standar-
         sufficient of themselves to fulfil an economic or              disation (CENELEC) as a 'European Standard (EN)' or
         technical function for the user.                                'Harmonisation Document (HD)' according to the
                                                                         Common Rules of those organisations.
6. A 'concession' is a contract concluded in writing
    between a contracting entity which is a public authority        12. A 'common technical specification' is a technical
   within the meaning of point 2 and a contracting entity               specification drawn up with a view to uniform
   which is not a public contracting entity within the                  application in all Member States of the Community.
   meaning of point 1 whereby the latter accepts the
   responsibility for constructing, supplying or managing a
   network falling within the scope of Article 2 (3)(a)(i) at       13.A 'European technical approval' is a favourable
   its own expense and risk, in return for a remuneration.              technical assessment of the fitness for use of a product
                                                                        for a particular purpose, based on fulfilment of the
                                                                        essential requirements for building works for which the
7. A supplier    or contractor who submits a tender shall be            product is used.
   designated     by the term 'tenderer' and one who has
   sought an     invitation to take part in a restricted or
   negotiated    procedure by the term 'candidate'.
                                                                                                  Article 2
8. 'Open, restricted and negotiated procedures' are the
   purchasing procedures applied by contracting entities
   whereby:                                                         1. Subject to paragraphs 4 and 7, and without prejudice
                                                                   to the Community's international obligations, the provi-
                                                                   sions of this Directive shall apply to the award of supply
                                                                   and works contracts by contracting entities which:
   (a) in the case of open procedures, all interested
         suppliers or contractors may submit tenders;
                                                                    (a) are public or operate on the basis of special or exclusive
                                                                          rights or an authorisation granted by a competent
   (b) in the case of the restricted procedures, only                     authority of a Member State; and
         candidates invited by the contracting entity may
         submit tenders;
                                                                    (b) in the case of public contracting entities, have as one of
                                                                          their activities any of those defined as being relevant for
   (c) in the case of negotiated procedures, the contracting              the purposes of this Directive by paragraph 3 ;
         entity consults suppliers or contractors of its choice
         and negotiates the terms of the contract with one or
         several of them.                                          (c) in the case of contracting entities which are not public,
                                                                          have as their principal activity any of those defined as
                                                                          being relevant for the purposes of this Directive by
                                                                          paragraph 3 or any combination thereof.
9. 'Technical specifications' means any of the technical
   prescriptions contained in particular in the tender
   documents, which define the characteristics of a work,          2. The contracting entities identified in Annexes I to IX
   material, product or supply, in such a manner that it           fulfil the criteria set out above.
   fulfils the use for which it is intended. These technical
   prescriptions may include quality, performance, safety
   or dimensions, as well as requirements concerning               3. Relevant activities for the purposes of this Directive
   quality assurance, terminology, symbols, testing and            are:
 ---pagebreak---  12. 12. 88                               Official Journal of the European Communities                                 No C 319/5
(a) the supply or management of networks providing a                 with hydraulic engineering projects, irrigation, land
     service to the public in connection with the production,        drainage or the disposal or treatment of sewerage.
     transport or distribution of:
                                                                     7. A contracting entity benefiting from a concession
     (i) drinking water; or                                          within the meaning of Article 1 (6) in relation to an activity
                                                                     described in paragraph (3)(a)(i) may award supply or
     (ii) electricity; or                                            works contracts without respecting the provisions of Titles
                                                                     II, III, and IV when it intends to award such contracts to
                                                                     undertakings with which it is associated or affiliated,
     (iii) gas or heat;                                              provided that:
(b) the exploitation of a geographical area for the purpose
                                                                     (a) for those cases where the concession contract of which
     of                                                                   it is a beneficiary has been concluded after the coming
                                                                          into force of this Directive, a call for competition has
     (i) exploring for or extracting oil, gas, coal or other              been made through the publication of a tender notice in
           solid fuels; or                                                the Official Journal of the European          Communities
                                                                          drawn up in accordance with Annex XI; and
     (ii) the provision of airport, maritime or inland port,
           or other terminal facilities to carriers by air, sea,     (b) the entity enclosed a comprehensive list of these
           land, or inland waterway.                                      undertakings with its candidature for the concession,
                                                                          and has updated that list following any subsequent
(c) the management of networks providing a service to the                 changes in relationships between the undertakings.
     public in the field of transport by railway, tramway,
     trolley bus, or bus.
As regards transport services, a network shall be con-                                           Article 3
sidered to exist where the service is provided under
operating conditions laid down by a competent authority              This Directive shall not apply to contracts which the
of a Member State, including conditions on the routes to be          contracting entities award exclusively for purposes other
served, the capacity to be made available, and the frequency         than the pursuit of their activities as described in Article 2
of the service.                                                      (3), provided that, except in the case of public authorities:
4. Contracting entities providing bus transport services to          (a) the activities have been notified to the Commission;
the public within the meaning of paragraph 3(c) shall be                  and
excluded from the provisions of this Directive provided
that:                                                                (b) the Commission has published notification of their
                                                                          exclusion, after verification, in the Official Journal of
(a) they enjoy no special or exclusive right to provide those             the European Communities.
     services either in general or in a particular geographical
     area; and
(b) other entities are free to provide those services under                                      Article 4
     the same conditions as the contracting entities.
                                                                     1. The provisions of this Directive shall not apply to
5. For the purposes of applying paragraph 1(a), a                    contracts for the supply of products purchased for re-sale
contracting entity shall be considered to operate on the             or hire to third parties, provided that the contracting entity
basis of special or exclusive rights when:                           enjoys no special or exclusive right to sell or hire such
                                                                     products, and other entities are free to sell or hire them
                                                                     under the same conditions as the contracting entity.
(a) for the purpose of constructing the networks or
     facilities to which paragraph 3 refers, it may take
     advantage of a procedure for the expropriation or use           2. Member States shall notify the Commission of the
     of property or place network equipment on, under or            products falling within the scope of paragraph 1 and of any
     over the public highway;                                        relevant legal provisions.
(b) in the case of paragraph 3(a) it supplies a network
     which is itself managed by an entity on the basis of
     special or exclusive rights or an authorisation granted                                     Article 5
     by a competent authority of a Member State.
                                                                    This Directive shall not apply to contracts
6. This Directive shall also apply to contracts awarded by
contracting entities whose activities are described in               (a) in the case of the contracting entities specified in
paragraph 3(a)(i), insofar as the contracts are in connection             Annex I for the purchase of water;
 ---pagebreak--- No C 319/6                              Official Journal of the European Communities                                 12. 12. 88
(b) in the case of contracting entities specified in Annexes       3. In the case of regular supply contracts or of contracts
     II, III, IV and V, for the purchase of energy or for the      which are to be renewed within a given time, the contract
     supply of fuels for the production of energy.                 value may be established on the basis of:
                                                                   — either the aggregate cost of similar contracts concluded
                                                                       over the previous fiscal year or 12 months, adjusted,
                            Article 6
                                                                       where possible for anticipated changes in quantity or
                                                                       value over the subsequent 12 months,
This Directive shall not apply to contracts when their
execution must be accompanied by special security
measures in accordance with the laws, regulations or               — or the estimated aggregate cost during the 12 months
administrative provisions in force in the Member State                 following first delivery or during the term of the
concerned or when the protection of the basic interests of             contract, where this is greater than 12 months.
that State's security so requires.
                                                                   The selection of the evaluation method shall not be used
                                                                   with the intention of avoiding the application of this
                                                                   Directive.
                           Article 7.
                                                                   4. In cases where a proposed procurement specifies
1. This Directive shall not apply to contracts governed by
                                                                   option clauses, the basis for calculating the contract value
different procedural rules and awarded:
                                                                   shall be the highest possible total purchase, lease, rental, or
                                                                   hire-purchase permissible, inclusive of the option clauses.
(a) pursuant to an international agreement concluded
     between a Member State and one or more non-member
     countries and covering supplies or works intended for         5. Contracts may not be split up with the intention of
     the joint implementation or exploitation of a project by      avoiding the application of this Directive. For the purpose
     the signatory States; every agreement shall be com-           of establishing the contract value for the application of
     municated to the Commission, which may consult the            paragraph 1:
     Advisory Committee for Public Contracts set up by
     Council Decision 71/306/EEC (*);                              — the value of products of the same type must be added up
                                                                       when contracts for these products are awarded at the
(b) to undertakings in a Member State or a non-member                  same time but in different parts,
     country in pursuance of an international agreement
     relating to the stationing of troops;                         — the value of all contracts must be added up where a
                                                                       work is the subject of several lots involving separate
(c) pursuant to the particular procedure of an inter-                  contracts.
     national organization.
                                                                   6. The value of works contracts shall include the value of
                                                                   any products or services which are made available to the
                            Article 8                              contractor by the contracting entity and which are
                                                                   necessary for the execution of the contract.
1. This Directive shall apply to contracts whose value, net
of VAT, is not less than:
— 200 000 ecus in the case of supply contracts,                                               TITLE II
                                                                              Technical specifications and standards
— 5 000 000 ecus in the case of works contracts.
                                                                                              Article 9
2. In the case of supply contracts the basis for calculating
the contract value shall be:
                                                                   1. The technical specifications concerning materials,
                                                                   products, supplies, or works shall be defined by reference
— in the case of fixed term contracts, where their term is 12
                                                                   to national standards implementing European standards or
    months or less, the total contract value for its duration,
                                                                   by reference to common technical specifications or
    or, where their term exceeds 12 months, its total value
                                                                   European technical approvals.
    including the estimated residual value,
— in the case of contracts for an indefinite period or in          2.   Contracting entities may derogate from paragraph 1
    cases where there is doubt as to the duration of the           if:
    contracts, the monthly instalment multiplied by 48.
                                                                   (a) the standards do not include provision for establishing
                                                                        conformity, or technical means do not exist to establish
(!) OJ No 185, 16. 8. 1971, p. 15.                                      satisfactorily conformity with these standards;
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                               No C 319/7
(b) the application of paragraph 1 would prejudice the              contract cannot otherwise be described by specifications
     application of Council Decision 87/95/EEC of 22                which are sufficiently precise and fully intelligible to all
     December 1986 on standardization in the field of               concerned.
     information technology and telecommunications (*);
(c) use of these standards would oblige the contracting
     entity to acquire supplies incompatible with equipment
     already in use or would entail disproportionate cost or                                   Article 11
     disproportionate technical difficulties, but only as part
     of a clearly defined and recorded strategy with a view         1. Contracting entities shall make available to interested
     to a change-over, within a determined period, to               suppliers or contractors on demand the technical specif-
     European standards or common technical speci-                  ications, concerning materials, products, supplies, or
     fications ;                                                    works which they procure regularly or which they intend to
                                                                    apply to procurement covered by periodic information
(d) the project concerned is of a genuinely innovative              notices within the meaning of Article 14. Where such
     nature for which use of existing standards would not be        technical specifications are based on documents available
     appropriate.                                                   to interested suppliers or contractors, a reference to those
                                                                    documents shall be sufficient.
3. In so far as contracting entities are obliged to publish a
tender notice according to Article 13 (1) or do so voluntarily      2. Contracting entities shall include the technical specif-
according to Article 13(2)(a), they shall record in that            ications in the general documents or the contractual
notice, unless it is impossible, the reasons for invoking           documents relating to each contract.
paragraph 2.
                           Article 10                                                           TITLE III
1. In the absence of European standards, common                                Procedures for the award of contracts
technical specifications or European technical approvals,                                      Article 12
the technical specifications may be defined by reference to
other standards.
                                                                     1. Contracting entities may choose any of the procedures
In this case, it is appropriate to make reference in order of       described in Article 1(8) provided, subject to paragraph 2, a
preference to:                                                      call for competition has been made in accordance with
                                                                    Article 13.
(a) national standards implementing international stan-
     dards accepted in the country of the contracting entity;
                                                                    2. Contracting entities may use the negotiated procedure
                                                                    without prior call for competition in the following cases:
 (b) other national standards of the country of the
      contracting entity;
                                                                     (a) in the absence of tenders or where all tenders are
 (c) any other standard.                                                 irregular in response to an open or restricted pro-
                                                                         cedure;
2. Standards and specifications that indicate performance
requirements rather than design or description charac-               (b) in the case of supply contracts, when the contract will
teristics shall be preferred unless the contracting entity has           be executed purely for the purpose of research,
objective reasons for considering that such standards are                experiment, study or development. However, this
inadequate for the purposes of the contract.                             provision shall not extend to quantity production to
                                                                         establish commercial viability or to recover research
 3. Technical specifications which mention goods of a                    and development costs;
 specific make or source or of a particular process and which
 have the effect of favouring or eliminating certain
 undertakings shall not be used unless such specifications           (c) when, for technical or artistic reasons, or for reasons
 are indispensable for the subject of the contract. In                   connected with protection of exclusive rights, the
 particular, the indication of trade marks, patents, types or            contract may be executed only by a particular supplier
 specific origin or production shall be prohibited; however,             or contractor;
 such an indication accompanied by the words 'or
 equivalent' shall be authorized where the subject of the            (d) in so far as is strictly necessary when, for reasons of
                                                                         extreme urgency brought by events unforeseeable by
                                                                         the contracting entities, the time limits laid down for
 (!) OJ No L 36, 7. 2. 1987, p. 31.                                      open and restricted procedures cannot be adhered to;
 ---pagebreak--- No C 319/8                              Official Journal of the European Communities                                  12. 12. 88
(e) in the case of supply contracts, for additional deliveries                                Article 13
    by the original supplier which are intended either as a
    partial replacement of normal supplies or installations        1. Contracting entities which intend to award a contract
    or as the extension of existing supplies or installations      by open procedure shall make known their intention by
    where a change of supplier would oblige the contract-          means of a tender notice in accordance with Annex XII A.
    ing entity to acquire material having different technical
    characteristics which would result in incompatibility
    or disproportionate technical difficulties in operation        2. Contracting entities which intend to award a contract
    and maintenance. This procedure may only be applied,           by restricted or negotiated procedure with a prior call for
    as a general rule, during the five years following the         competition may choose to make the call:
    award of the original contract;
                                                                   (a) by means of a notice drawn up in accordance with
                                                                        Annex XII B or Annex XII C; or
(f) in the case of works contracts, for additional works not       (b) by inviting candidates who have qualified in accord-
    included in the project initially considered or in the              ance with a qualification system meeting the conditions
    contract first concluded but which have, through                    of Article 20 which has been the subject of a notice
    unforeseen circumstances, become necessary for the                  drawn up in accordance with Annex XIII.
    carrying out of the work described therein, on
    condition that the award is made to the contractor
    carrying out such work:                                        3. A call for competition shall also be considered to have
                                                                   been made by means of a periodic indicative notice within
                                                                   the meaning of Article 14 on condition that:
    — when such works cannot be technically or economi-            (a) the contract relates to supplies or works covered by the
        cally separated from the main contract without                  notice; and
        great inconvenience to the contracting entities,
                                                                   (b) the notice indicated that the contract would be
                                                                        awarded by restricted or negotiated procedure; and
    — or when such works, although separable from the              (c) the contracting entities provide all candidates which
        execution of the original contract, are strictly                have indicated in writing their interest to take part in
        necessary to its later stages;                                  the procedure with an opportunity to confirm their
                                                                        interest in receiving an invitation on the basis of more
                                                                        detailed information relating to the particular contract.
(g) in the case of works contracts, for new works
                                                                   4. All notices referred to in this Article shall be published
    consisting of the repetition of similar works entrusted
                                                                   in the Official Journal of the European Communities.
    to the contractor to which the same contracting entities
    awarded an earlier contract, provided that such works
    conform to a basic project for which a first contract
    was awarded after a call for competition. As soon as
    the first project is put up for tender, notice must be                                    Article 14
    given that this procedure might be adopted and the
    total estimated cost of subsequent works shall be taken        1. Contracting entities shall make known, at least once a
    into consideration by the contracting entities when            year, by means of a periodic indicative notice drawn up in
    they apply the provisions of Article 8. This procedure         accordance with Annexes XIV A and B and published in the
    may only be applied, as a general rule, during the five        Official Journal of the European Communities:
    years following the conclusion of the original contract;
                                                                   (a) In the case of supply contracts, the total procurement
                                                                        envisaged for the coming 12 months for each product
                                                                        area of which the estimated value, taking into account
(h) for goods quoted and purchased on a commodity                       the provisions of Article 8, is equal to or greater than
    market;                                                             750 000 ecus;
                                                                   (b) In the case of works contracts, the essential charac-
(i) for purchases from suppliers who are bankrupt or                   teristics of the works contracts envisaged of which the
    being wound up, whose affairs are being administered               estimated value is equal to or greater than 5 000 000
    by the court, who have entered into an arrangement                  ecus.
    with creditors, whose business activities have been
    suspended or who are in any analogous situation                2. A periodic notice need not include information on
    arising from a similar procedure under national laws           contracts which would prejudice the legitimate commercial
    and regulations.                                               interests of the contracting entity.
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                                No C 319/9
                         Article 15                                 Publications Office of the European Communities. Such
                                                                    publications shall not contain information other than that
                                                                    published in the Official Journal of the European
1. Contracting entities which have awarded a contract
                                                                    Communities.
shall make known the results of the procedure by means of
a notice published in the Official Journal of the European
Communities. The notice shall be drawn up in accordance
with Annex XV.
                                                                                               Article 17
2. Where publication of the information envisaged in the
model notice would impede law enforcement or otherwise
                                                                    1. In open procedures the time limit for the receipt of
be contrary to the public interest or would prejudice the
                                                                    tenders shall be fixed by contracting entities at not less than
legitimate commercial interest of particular undertakings,
                                                                    52 days from the date of dispatch of the notice.
public or private, or might prejudice fair competition
between suppliers or contractors, the entities may limit the
contents of the notice to the fact that the contract has been       2. In restricted procedures and negotiated procedures
awarded.                                                            with prior call for competition, the time for receipt of
                                                                    requests to participate fixed by the contracting entities shall
                                                                    be not less than 37 days from the date of dispatch of the
3. The notices referred to in the preceeding paragraphs
                                                                    notice or the letter of invitation.
shall be dispatched at the latest 48 days after the award of
the contract in question.
                                                                    3. In restricted procedures, the time limit for receipt of
                                                                    tenders fixed by contracting entities may not be less than 40
                                                                    days from the date of dispatch of the written invitation.
                          Article 16
                                                                    4. In cases where urgency renders impracticable the time
                                                                    limits laid down in paragraphs 2 and 3, contracting entities
1. The length of the notices referred to in the preceeding
                                                                    may fix the following time limits:
Articles shall not exceed one page of the Official Journal of
the European Communities, that is to say approximately
650 words.                                                          (a) a time limit for receipt of requests to participate which
                                                                         shall be not less than 15 days from the date of dispatch
2. The contracting entities must be able to supply proof                 of the notice or the letter of invitation;
of the date of dispatch.
                                                                    (b) a time limit for the receipt of tenders which shall be not
3. The notices shall be published in full in their original              less than 10 days from the date of the invitation to
language in the Official Journal of the European Com-                    tender.
munities and in the data bank TED. A summary of the
important elements of each notice shall be published in the         5. Contracting entities which wish to award a concession
other official languages of the Community, the original text        in the water sector, pursuant to Article 2(7)(a), shall fix a
alone being authentic.                                              time limit for receipt of candidatures which shall be not less
                                                                    than 52 days from the date of dispatch of the notice.
4. The office for Official Publications of the European
Communities shall publish the notices not later than 12
days after their dispatch. In the case of the accelerated
procedure, referred to in Article 17(4), this period shall be
reduced to five days.                                                                          Article 18
Each edition of the Official Journal of the European                1. The contract documents must be sent to the suppliers
Communities which contains one or more notices shall                or contractors by the contracting entities as a general rule
reproduce the model notice or notices on which the                  within four working days of receiving their application.
published notice or notices are based.
                                                                    2. Provided it has been requested in good time, additional
5. The cost of publication of the notices in the Official           information relating to the contract documents shall be
Journal of the European Communities shall be borne by the           supplied by the contracting entities not later than six days
Communities.                                                        before the final date fixed for receipt of tenders. In the case
                                                                    of Article 17 (4), the time limit may be reduced to four days.
6. Contracts in respect of which a notice is published in
the Official Journal of the European              Communities       3. Where tenders require the examination of voluminous
pursuant to Article 13(1) or (2)(a) shall not be published in       documentation such as lengthy technical specifications, a
any other way before that notice has been dispatched to the         visit to the site or an on-the-spot inspection of the
 ---pagebreak--- No C 319/10                             Official Journal of the European Communities                                  12. 12. 88
documents supporting the contract documents, this shall be         4. Contracting entities shall respect the confidential
taken into account in fixing the appropriate time limits.          nature of information made available by suppliers or
                                                                   contractors for the purposes of qualification, selection or
                                                                   participation in a contract procedure.
4. Contracting entities shall invite selected candidates
simultaneously and in writing. The letter of invitation shall
be accompanied by the contract documents and supporting
documents. It shall include at least the following inform-
ation :                                                                                      Article 20
(a) the address from which any additional documents can            1. Contracting entities which operate a system of
    be requested and the final date for making such a              qualification of suppliers or contractors shall take a
    request; also the amount and terms of payment of any           decision as to qualification within a period of six months
    sum to be paid for such documents;                             from the presentation of an application unless for objective
                                                                   reasons notified to the applicant within two months of the
                                                                   application a longer period is necessary. In such cases, the
(b) the final date for receipt of tenders, the address to
                                                                   contracting entity shall inform the applicant of the reasons
    which they must be sent and the language or languages
                                                                   justifying the longer period and of the date by which its
    in which they must be drawn up;
                                                                   application will be accepted or refused.
(c) a reference to the tender notice published;
                                                                   2. Applicants whose qualification is refused shall be
                                                                   informed of this decision and the reasons for refusal. The
(d) an indication of any document to be annexed;                   reasons must be based on the criteria for qualification
                                                                   referred to in Article 19(1).
(e) the criteria for the award of the contract if these are not
    given in the notice.                                           3. A written record of qualified suppliers or contractors
                                                                   shall be kept, which may be divided into categories
                                                                   according to the type of contract for which the qualifi-
5. Requests to participate in contracts and invitations to
                                                                   cation is valid.
tender may be made by letter, or by any appropriate means
of telecommunication. If by the latter, they must be
confirmed by letter.                                               4. Contracting entities may bring the qualification of a
                                                                   supplier or contractor to an end only for reasons justified
                                                                   by the criteria referred to in Article 19(1). The intention to
                                                                   bring a qualification to an end must be notified in writing in
                                                                   advance to the supplier or contractor, together with the
                           TITLE IV                                reason or reasons justifying the proposed action.
     Qualification, selection and award of contracts
                                                                   5. Where the qualification system is of indefinite
                          Article 19
                                                                   duration, it shall be the subject of a notice drawn up in
                                                                   accordance with Annex XIII and published annually in the
                                                                   Official Journal of the European Communities, indicating
1. The qualification of suppliers or contractors and their         the purpose of the qualification system and the availability
selection to participate in restricted or negotiated pro-          of the rules concerning its operation.
cedures shall be based on criteria that are objective and
non-discriminatory. Contracting entities shall not, in
particular:                                                        6. Where the qualification system is not of indefinite
                                                                   duration, it shall be the subject of a notice in the Official
                                                                   Journal of the European Communities, indicating in
(a) impose obligations of an administrative, technical or          addition to the information required by paragraph 5, the
    financial nature on some suppliers or contractors that         duration of the system which shall not be longer than a
    are not imposed on others;                                     period of three years.
(b) require tests or proofs that duplicate objective evidence
    already available.
                                                                                             Article 21
2. The criteria for exclusion specified in Article 23 of
Directive 71/305/EEC and in Article 20 of Directive 77/62/
                                                                   1. Suppliers or contractors which have requested to
EEC shall be considered objective and non-discriminatory.
                                                                   participate in a contract procedure may not be excluded
                                                                   from the procedure for reasons other than those laid down
3. Contracting entities shall lay down the criteria and            by the contracting entity and available from it on demand.
rules according to which they will qualify or select               Such reasons may include the objective need of the entity to
candidates. These criteria and rules shall be made available       reduce the number of candidates to a level which is justified
on demand to any interested supplier or contractor.                by the need to balance the particular characteristics of the
 ---pagebreak--- 12. 12. 88                                Official Journal of the European Communities                                 No C 319/11
contract procedure and the resources required to complete            requirements         within     the    meaning     of     Council
it.                                                                  Directive... (*), when and where this is required by the
                                                                     regulations concerning given works.
2. Groupings of suppliers or contractors may not be
refused as regards the submission of tenders or particip-            5. If, for a given contract, tenders appear abnormally low
ation in a contract procedure. Groupings shall not be                in relation to the transaction, the contracting entity shall
required to assume a specific legal form in order to submit a        request, in writing, explanations on the constituent
tender or to negotiate. However, should a grouping be                elements of the tender concerned. It shall in particular
awarded the contract it may be required to do so, provided           enquire whether the tenderer is in receipt of any form of
that a specific legal form is necessary for the satisfactory         State aid and whether the aid has been notified to and
performance of the contract.                                         received the approval of the Commission pursuant to
                                                                     Article 93(3) of the Treaty.
                                                                     Tenders which appear abnormally low may not be rejected
                                                                     if they are justified on objective grounds including the
                                                                     economy of the construction or production method, or the
                          Article 22                                 technical solutions chosen, or the exceptionally favourable
                                                                     conditions available to the tenderer for the execution of the
                                                                     contract, or the originality of the product or the work
                                                                     proposed by the tenderer.
1. The criteria on which the contracting entities shall base
the award of contracts shall be:
                                                                     Tenders which are abnormally low due to the receipt of a
                                                                     State aid may be rejected if the aid in question has not been
(a) the most economically advantageous tender, involving             notified to the Commission pursuant to Article 93(3) of the
     various criteria such as: delivery date, period for             Treaty or has not received the Commission's approval.
     completion, running costs, cost-effectiveness, quality,         Contracting entities which reject a tender under these
     aesthetic and functional characteristics, technical             circumstances shall inform the Commission.
     merit, after-sales service and technical assistance,
     price; or
(b) the lowest price only.
                                                                                                  Article 23
2. In the case referred to in paragraph 1(a), the
contracting entities shall state in the contract documents or        1. Article 22(1) shall not apply when a Member State
in the tender notice all the criteria they intend to apply to        bases the award of contracts on other criteria within the
the award, where possible in descending order of                     framework of rules existing at the time this Directive is
importance.                                                          adopted whose aim is to give preference to certain
                                                                     tenderers, on condition that those rules are compatible
                                                                     with the Treaty.
3. Where the criterion for the award of the contract is that
of the most economically advantageous tender, contracting
entities may take account of variants which meet the                 2. Without prejudice to paragraph 1, this Directive shall
minimal specifications required by the contracting entities.         not prevent, until 31 December 1992, the application of
Contracting entities shall indicate in the contract docu-            existing national provisions on the award of public supply
ments whether variants will be considered together with              or works contracts which have as their objective the
the minimal specifications to be respected and any special           reduction of regional disparities and the promotion of job
requirements for the presentation.                                   creation in regions whose development is lagging behind
                                                                     and in declining industrial regions, on condition that the
                                                                     provisions concerned are compatible with the Treaty and
                                                                     with the Community's international obligations.
4. Contracting entities shall not reject offers concerning
works contracts for reasons related to the technical
specifications laid down in the contract documents if the
products described in the offer are fit for their intended use,      (!) Proposal for a Council Directive on the approximation of the
that is, have such characteristics that the works in which               laws, regulations and administrative provisions of the Member
they are to be incorporated, assembled, applied or installed             States relating to construction products [COM(86) 756 final/3
can, if properly designed and built, satisfy the essential               of 17 February 1987].
 ---pagebreak--- No C 319/12                                Official Journal of the European Communities                                    12. 12. 88
                            TITLE V                                   Advisory Committee for Public Contracts, in principle two
                                                                      years after its initial application.
                       Final provisions
                           Article 24
                                                                                                 Article 26
1. Without prejudice to the obligations of the Com-
munity or its Member States in relation to third States, any
                                                                      1.   Annexes I to IX may be amended by the Commission
offer may be rejected when more than half of the price
offered represents the value of products manufactured or
services performed outside the Community or a combi-                  (a) to delete entities to which the Annexes refer because
nation thereof.                                                           they no longer fulfil the criteria for their inclusion set
                                                                          out in Article 2 (1);
2. Subject to paragraph 3, an offer which is equivalent to
one falling within the scope of paragraph 1 but which itself          (b) to include entities which meet those criteria;
falls outside the scope of that paragraph shall be preferred.
The price of such offer shall be considered equivalent                (c) to take account of amendments to the legal instruments
provided it does not exceed the price of the offer falling                to which the Annexes refer which do not involve the
within the scope of paragraph 1 by more than 3 %.                         deletion or inclusion of entities in accordance with (a)
                                                                          and (b).
3. However, an offer shall not be preferred to another
pursuant to paragraph 2 where its acceptance would oblige             2. Amendments shall be made by the Commission after
the contracting entity to acquire material having different           consulting the Advisory Committee for Public Contracts,
technical characteristics from existing material which                set up by Decision 71/306/EEC.
would result in incompatibility or disproportionate
technical difficulties in operation and maintenance.
                                                                      The chairman of the Committee shall submit to the
                                                                      Committee any necessary draft revisions. The Committee
4.   For the purposes of this Article:                                shall deliver its opinion on the draft, if necessary by taking a
                                                                      vote, within a time limit to be laid down by the chairman.
(a) the value of products manufactured outside the
     Community shall include the value of all finished or             The opinion shall be recorded in the minutes. In addition,
     semi-finished products imported, directly or indirectly,         each Member State shall have the right to ask to have its
     from third countries;                                            position recorded in the minutes.
(b) the value of services performed outside the Community             3. Amended versions of the annexes shall be published for
     shall include the value of all activities performed on the       information in the Official Journal of the European
     territory of third countries that contribute to the              Communities.
     rendering of the services covered by the contract.
5. This Article shall not apply to offers of third country
origin to which the benefit of the provisions of this                                            Article 27
Directive has been extended by a decision of the Council,
acting by qualified majority on a proposal from the
Commission, pursuant to an agreement between the                      1. Contracting entities shall keep internal records on each
Community and a third country, within the GATT                        contract award procedure which are sufficient to permit
framework or otherwise.                                               the contracting entity at a later date to give:
                                                                      (a) the reasons underlying the use of standards other than
                                                                          European standards, common technical specifications
                          Article 25                                      or European technical approvals, pursuant to Ar-
                                                                          ticle 9(2), or the reasons for not applying performance
1. The value in national currencies of the thresholds                     standards and specifications pursuant to Article 10(2);
specified in Article 8 shall in principle be revised every two
years with effect from 1 January 1990. The calculation of             (b) information on decisions concerning the qualification,
such value shall be based on the average daily values of                  non-qualification or termination of a qualification of
these currencies in terms of the ecu over the 24 months                   undertakings, pursuant to Article 20. These records
terminating on the last day of October immediately                        shall be sufficiently detailed to permit an evaluation to
preceding the 1 January revision. The values shall be                     be made of the criteria used and the manner of their
published in the Official Journal of the European                         application;
Communities at the beginning of November.
                                                                      (c) the information on contracts awarded provided to
2. The method of calculation laid down in paragraph 1                     interested companies or withheld, pursuant to Ar-
shall be examined, on the Commission's initiative, by the                 ticle 15(2);
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                               No C 319/13
(d) information on cases of reliance on restricted or                        measures in accordance with the laws, regulations
     negotiated procedures. These records shall include at                   or administrative provisions in force in the Member
     least the subject of the contract; where applicable, the                State concerned or when the protection of the basic
     suppliers which have requested to participate; the                      interests of that State's security so require.
     candidates invited to present an offer; and, should the
     occasion arise, the candidates rejected and the reasons
     for their rejection;                                           (*) OJ No L...'
(e) the criteria used and the manner of their application           2. The text of Article 3(4) and (5) of Directive 71/305/
     with regard to the selection of candidates pursuant to         EEC, as amended by Directive... ( ! ), is hereby replaced by
     Articles 19 and 2 1 ;                                          the following:
(f) the criteria used and the manner of their application                'This Directive shall not apply to the award of public
     with regard to the award of the contract pursuant to                works contracts by contracting authorities in the field
     Article 22.                                                         covered by the provisions of Council Directive ...(*).
2. These records or the information contained therein
shall be made available to the Commission on demand.                (*) OJ No L ...'
                           Article 28                                                          Article 30
Member States shall communicate to the Commission,
                                                                    Not later than four years after the coming into force of this
each year at the latest on 31 October for the preceding
                                                                    Directive, the Commission, acting in close cooperation
calendar year, a statistical report including at least:
                                                                    with the Advisory Committee for Public Contracts, shall
(a) for each of Annexes I to IX, the number and total value         review the manner in which this Directive has operated and
     of contracts above and below the thresholds es-                its field of application and, if necessary, make further
     tablished by this Directive;                                   proposals to adapt it, in the light of developments
                                                                    concerning in particular progress in market opening and
(b) for each of the Annexes, by number and total value of           the level of competition within and between the sectors
     contracts:                                                     concerned.
     — the breakdown between supply contracts and
        works contracts,                                                                       Article 31
    — the breakdown between the means of call for
                                                                    Member States shall adopt the measures necessary to
        competition provided for in Article 13,
                                                                    comply with this Directive by 1 March 1990. They shall
    — the breakdown between contracts awarded to                    inform the Commission thereof.
        suppliers inside and outside the Community and
        from each of the Member States,
                                                                                               Article 32
    — the proportion of contracts awarded by negotiated
        procedures without prior call for competition.              Member States shall ensure that the texts of the basic
                                                                   provisions of domestic law, whether laws, regulations or
                                                                    administrative provisions, which they adopt in the field
                           Article 29                               covered by this Directive, are communicated to the
1. Article 2(2) of Directive 77/62/EEC is hereby replaced           Commission.
by the following:
    '2.   This Directive shall not apply to:                                                   Article 33
    (a) the award of public supply contracts by contracting         This Directive is addressed to the Member States.
         authorities in the field covered by the provisions of
         Council Directive ...(*);
                                                                    (*) Proposal for a Council Directive amending Directive 71/305/
    (b) supplies which are declared secret or when their                EEC concerning the coordination of procedures for the award
         delivery must be accompanied by special security               of public works contracts [COM(88) 354 final of 20 June
                                                                        1988].
 ---pagebreak--- No C 319/14                       Official Journal of the European Communities                                           12. 12.
                                                          ANNEXES
          ANNEX I:      Contracting entities in the field of the production, transport or distribution of drinking water
          ANNEX II:     Contracting entities in the field of the production, transport or distribution of electricity
          ANNEX III:    Contracting entities in the field of the transport or distribution of gas or heat
          ANNEX IV:     Contracting entities in the field of exploration for and extraction of oil or gas
          ANNEX V:      Contracting entities in the field of exploration for and extraction of coal or other solid fuels
          ANNEX VI:     Contracting entities in the field of railway services
          ANNEX VII:    Contracting entities in the field of urban railway, tramway, trolley, bus or bus services
          ANNEX VIII:   Contracting entities in the field of airport facilities
          ANNEX IX:     Contracting entities in the field of maritime or inland port or other terminal facilities
          ANNEX X:      Professional activities in the building and civil engineering sector
          ANNEX XI:     Model notices concerning water concession contracts
          ANNEX XII A: Tender notice related to open procedures
                     B: Notice related to restricted procedures
                     C: Notice related to negotiated procedures
          ANNEX XIII:   Notice on the existence of a qualification system
          ANNEX XIV:    Periodic notice
                        A. Concerning supply contracts
                        B. Concerning works contracts
          ANNEX XV:     Notice on contracts awarded
 ---pagebreak--- 12. 12. 88                              Official Journal of the European Communities                                        No C 319/15
                                                               ANNEX 1
                          PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER
           BELGIUM
           Entity set up pursuant to the Decret du 2 juillet 1987 de la region wallonne erigeant en entreprise regionale de
           production et d'adduction d'eau le service du ministere de la region charge de la production et du grand
           transport d'eau.
           Entity set up pursuant to the Arrete du 23 avril 1986 portant constitution d'une societe wallonne de distribution
           d'eau.
           Entity set up pursuant to the Arrete du 17 juillet 1985 de I'executif flamand portant fixation des statuts de la
           societe flamande de distribution d'eau.
           Entities producing or distributing water and set up pursuant to the Loi relative aux intercommunales            du
           22 decembre 1986.
           Entities producing or distributing water set up pursuant to the Code communal, article 147bis, ter et quater, sur
           les regies communales.
           DENMARK
           Entities producing or distributing water referred to in article 3, paragraph 3 of Lov om vandforsyning m.v. af
           4.juli 1985.
           GERMANY
           Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen      or Eigenbetriebsgesetze of
           the Lander.
           Entities producing or distributing water pursuant to the Gesetze iiber die Kommunale Gemeinschaftsarbeit       oder
           Zusammenarbeit of the Lander.
           Entities producing water pursuant to the Gesetz iiber Wasser- und Bodenverbdnde vom 10. Februar 1937 and
           the erste Verordnung iiber Wasser- und Bodenverbdnde vom 3. September 1937.
            (Regiebetriebe) producing or distributing water pursuant to the Gemeindeordnungen          der Lander.
           Entities set up pursuant to the Aktiengesetz vom 6. September 1965 gedndert 19. Dezember 1985 or GmbH-
            Gesetz vom 20. Mai 1898 gedndert 15. Mai 1986 or having the legal status of a              Kommanditgesellschaft,
           producing or distributing water on the basis of a Konzessionsvertrag granted by regional or local authorities.
            GREECE
            The Water Company of Athens (Exaipeia Ydpsooscog — Anoxexsoaecog 77pcoxevovang) set up pursuant to law
            1068/80 of 23 August 1980.
            The Water Company of Salonic (Opya.viop.6g YdpeuaecoQ OeoaakoviKng) operating pursuant to presidential
            decree 61/1988.
            The Water Company of Volos (Exaipeia YSpevaecag BoXov) operating pursuant to law 890/1979.
            Municipal Companies (AnpoxiKeg E%ixeipr\azig vSpeuang-anoxexevang ) producing or distributing water and
            set up pursuant to law 1069/80 of 23 August 1980.
            Associations of Local Authorities (ZovSeapoi 'YSpeoang) operating pursuant to the Code of Local Authorities
             (KdbSucag Ar\p(av Kai Koivoxr/xwv) implemented by presidential decree 76/1985.
            SPAIN
            Entities producing or distributing water pursuant to the Ley n° 7/1985 de 2 de abril de 1985. Reguladora de las
            Bases del Regimen local and to the Decreto Real n° 781/1986 Texto Refundido Regimen Local.
            FRANCE
            Entities producing or distributing water pursuant to the:
             Code des communes L 323-1 a L 328-8, R 323-1 a R 323-6 (dispositions generates sur les regies).
             Code des communes L 323-8 R 323-4 [Regies directes (ou de fait)]; or
 ---pagebreak--- No C 319/16                             Official Journal of the European Communities                                       12. 12. 88
          Decret-loi du 28 decembre 1926, Reglement d'administration publique du 17 fevrier 1930, code des communes
          L 323-10 a L 323-13 R 323-75 a 323-132 (regies a simple autonomie financiere); or
          Code des communes L 323-9, R 323-7 a R 323-74, decret du 19 octobre 1959 (regies a personnalite morale et a
          autonomie financiere); or
          Code des communes L 324-1 a L 324-6, R 324-1 a R 324-13 (gestion deleguee, concession et affermage); or
          Jurisprudence administrative,    Circulaire interieure du 13 decembre 1975 (gerance); or
          Code des communes R 324-6, Circulaire interieure du 13 decembre 1975 (regie interessee); or
          Circulaire interieure du 13 decembre 1975 (exploitation aux risques et perils); or
          Decret du 20 mai 1955, Loi du 7 juillet 1983 sur les societes d'economie mixte (participation a une societe
          d'economie mixte); or
          Code des communes L 322-1 a L 322-6, R 322-1 a R 322-4 (dispositions communes aux regies, concessions et
          affermages).
          IRELAND
          The Dublin     Corporation.
          Entities producing or distributing water pursuant to The Public Health (Ireland) Act 1878, the Water Supplies
          Act 1942, the Sanitary Services Act 1964.
          ITALY
          Entities producing or distributing water pursuant to the Testo Unico delle leggi sull'assunzione diretta dei
          pubblici servizi da parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and
          to the Decreto del P.R. n. 902 del 4 ottobre 1986.
          Ente Autonomo     Acquedotto Pugliese set up pursuant to RDL 19 ottobre 1919, n. 2060.
          Ente Acquedotti Siciliani set up pursuant to leggi regionali 4 settembre 1979, n. 2/2e 9 agosto 1980, n. 81.
          Ente Sardo Acquedotti e Fognature set up pursuant to legge 5 luglio 1963 n. 9.
          LUXEMBOURG
          Local authorities distributing water.
          Associations of local authorities producing or distributing water set up pursuant to the Loi du 14 fevrier 1900
          concernant la creation des syndicats de communes telle quelle a ete modifiee et completee par la Loi du
          23 decembre 1958 et par la Loi du 29 juillet 1981 and pursuant to the Loi du 31 juillet 1962 ayant pour objet le
          renforcement de I'alimentation en eau potable du Grand-Duche du Luxembourg a partir du reservoir d'Esch-
          sur-Sure.
          NETHERLANDS
          Entities producing or distributing water pursuant to the Waterleidingwet van 6 april 1957, amended by de
          Wetten van 30junil967,10 September 1975,23juni 1976,30 September 1981,25 januari 1984,29 januari 1986.
          PORTUGAL
          Empresa Publica das Aguas Livres producing or distributing water pursuant to Decreto-Lei 190/81 de 4 de
          Julhode 1981.
          Local authorities producing or distributing water.
          UNITED KINGDOM
          Water authorities and companies producing or distributing water pursuant to the Water Acts 1945, 1973 and
          1983.
          The Central Scotland Water Development Board producing water and the water authorities producing or
          distributing water pursuant to the Water (Scotland) Act 1980.
          The Department of the Environment for Northern Ireland responsible for producing and distributing water
          pursuant to the Water and Sewerage (Northern Ireland) Order 1973.
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                                          No C 319/17
                                                                 ANNEX II
                              PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY
           BELGIUM
           Entities producing, transporting or distributing electricity pursuant to Article 5 : Des regies communales et
           intercommunales of the Loi du 10 mars 1925 sur les distributions d'energie electrique.
           Entities transporting or distributing electricity pursuant to the Loi relative aux inter communales                du
           22 decemhre 1986.
           EBES, INTERCOM, UNERG and other entities producing, transporting or distributing electricity and granted
           a concession for distribution pursuant to Article 8 — les concessions communales et intercommunales of the Loi
           du 10 mars 1925 sur les distributions d'energie electrique.
           The Societe publique de production d'electricite (SPE).
           DENMARK
           Entities producing or transporting electricity on the basis of a licence pursuant to §3, stk. 1 of the Lov nr. 54 af
           25. februar 1976 om elforsyning, jf. Bekendtgerelse nr. 607 af 17. december 1976 om elforsyningslovens
           anvendelsesomrade.
           Entities distributing electricity as defined in §3, stk. 2 of the Lov nr. 54 af 25. februar 1976 om elforsyning, jf.
           Bekendtgorelse nr. 607 af 17. december 1976 om elforsyningslovens anvendelsesomrade and on the basis of
           authorizations for expropriation pursuant to articles 10 to 15 of the Lov om elektriske stcerkstr0msanla;g, jf.
           Lovbekendtgorelse nr. 669 af 28. december 1977.
           GERMANY
           Entities producing, transporting or distributing electricity as defined in § 2 // of the Gesetz zur Forderung der
           Energiewirtscbaft (Energiewirtschaftsgesetz) vom 13. Dezember 1935.
           GREECE
           The An/xoma Enixsipnar/ HXeKxpiapov (Public Power Corporation) set up pursuant to the law 1468 of 2 August
           1950. IJepi iSpvoecoQ Anpooiaq Eni/sipr/creon; HAexxpiajuov and operating pursuant to the law 57/85. Aopr),
           poXoq Kai xponoq dioiKtjanq KM Xeixovpyiaq xnq KoivcoviKonoitjpevng Anpooiaq Enixsipnanq HXe.Kxpwp.ov.
           SPAIN
           Entities producing, transporting or distributing electricity pursuant to article 1 of the Decreto Ley de 12 de
           marzo de 1954 approving the Reglamento de Verificaciones Electricas y Regularidad en el suministro de
           Energia.
           Red Electrica Espaha (REDESA) set up pursuant to Decreto Real n° 91 de 23 de enero de 1985.
           FRANCE
           Electricite de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation de
           I'electricite et du gaz.
           Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 of Loi 48/1260
           du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la
           nationalisation de I'electricite et du gaz.
           Compagnie Nationale du Rhone.
           IRELAND
           The Electricity Supply Board (ESB) set up and operating pursuant to the Electricity Supply Act 1927.
           ITALY
           Ente Nazionale per I'Energia elettrica set up pursuant to legge n. 1643, 6 dicembre 1962 approvato con Decreto
           n. 1720, 21 dicembre 1965.
           Entities operating on the basis of a concession pursuant to article 4, n. 5 or 8 of Legge 6 dicembre 1962, n. 1643
           — Istituzione dell'Ente nazionale per I'energia elettrica e trasferimento ad esso delle imprese esercenti le
           industrie elettriche.
           Entities operating on the basis of concession pursuant to article 20 of Decreto del Presidente della Repubblica
           18 marzo 1965, n. 342 Norme integrative della legge 6 dicembre 1962, n. 1643 e norme relative al
           coordinamento e all'esercizio delle attivita elettriche esercitate da enti ed imprese diverse dell'Ente nazionale per
           I'Energia elettrica.
 ---pagebreak--- No C 319/18                                Official Journal of the European Communities                                       12. 12. 88
          LUXEMBOURG
          Compagnie grand-ducale d'electricite de Luxembourg producing or distributing electricity pursuant to the
          Convention du 11 novembre 1927 concernant V etablissement et Sexploitation des reseaux de distribution
          d'energie electrique dans le Grand-Duche du Luxembourg approuvee par la loi du 4 Janvier 1928.
          Societe electrique de I'Our (SEO).
          Syndicat de Communes         S1DOR.
          Entities producing electricity pursuant to the Accord du ler Janvier 1960 entre le Gouvernement et les petites
          centrales hydro-electriques privees concernant la fourniture d'energie electrique au reseau public.
          Entities distributing electricity pursuant to article 5 of the Convention du 11 novembre 1927 concernant
          I'etablissement et Sexploitation des reseaux de distribution d'energie electrique dans le Grand-Duche du
          Luxembourg, approuves par la loi du 4 Janvier 1928.
          NETHERLANDS
          Elektriciteitsproduktie    maatschappij Oost-Nederland      (EPON).
          ElektriciteitsbedrijfUtrecbt-Noord-Holland-Amsterdam          (UNA).
          Elektriciteitsbedrijf  Zuid-Holland     (EZH).
          Elektriciteitsproduktiemaatscbappij       Zuid-Nederland   (EPZ).
          Provinciale Zeeuwse Energie Maatschappij           (PZEM).
          Samenwerkende       Elektriciteitsproduktiebedrijven   (SEP).
          Entities distributing electricity on the basis of a licence {Vergunning) granted by the provincial authorities
          pursuant to the Provinciewet van 25 januari 1962.
          PORTUGAL
          Electricidade de Portugal (EDP) set up pursuant to Decreto Lei 502/76 de 30 de Junho de 1976.
          Entities distributing electricity pursuant to Artigo 1° — Decreto Lei 344-B/82 de 1 de Setembro de 1982,
          amended by Decreto Lei 297/86 de 19 de Setembro de 1986.
          UNITED KINGDOM
          Central Electricity Generating Board (CEGB), and the Areas Electricity Boards producing, transporting or
          distributing electricity pursuant to the Electricity Supply Act 1926, Electricity Act 1947 and the Electricity Act
          1957.
          The North of Scotland Hydro-Electricity Board (NSHB) set up pursuant to the Hydro Electric           Development
          (Scotland Act 1943) and the Electricity Act 1947.
          The South of Scotland Electricity Board (SSEB) set up pursuant to the South of Scotland Electricity Order
          Confirmation Act 1956.
          The Northern Ireland Electricity Service (NIES) set up pursuant to the Electricity Supply (Northern        Ireland)
           Order 1972.
                                                                ANNEX III
                                        TRANSPORT OR DISTRIBUTION OF GAS OR HEAT
          BELGIUM
          Distrigaz SA operating pursuant to the Loi du 29 juillet 1983.
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                                          No C 319/19
           Entities transporting gas on the basis of an authorization or concession pursuant to the Loi dull      avril 1965, as
           amended by the Loi du 28 juillet 1987.
           Entities distributing gas and operating pursuant to the Loi relative aux intercommunales du 22 decembre 1986.
           Local authorities, or associations of, supplying heat to the public.
           DENMARK
           Dansk Olie og Naturgas A/S operating on the basis of an exclusive right granted pursuant to Bekendtgorelse
           nr. 869 af 18. juni 1979 om eneretsbevilling til indforsel, forhandling, transport og oplagring af naturgas.
           Entities operating pursuant to lov nr. 294 af 7. juni 1972 om          naturgasforsyning.
           Entities distributing gas or heat on the basis of an approval pursuant to chapter IV of lov om varmeforsyning jf.
           lovbekendtgorelse nr. 542 af 6. oktober 1982.
           Entities transporting gas on the basis of an authorization pursuant to Bekendtgorelse nr. 141 af 13. marts 1974
           om rorledningsanlceg pa dansk kontinentalsokkelomrade til transport af kulbrinter (installation of pipelines on
           continental platform for the transport of hydrocarbons).
           GERMANY
           Entities transporting or distributing gas as defined in § 2 11/1 of the Gesetz zur Forderung der Energiewirtschaft
           vom 19. Dezember 1935 (Energiewirtschaftsgesetz).
           Local authorities, or associations of, supplying heat to the public.
           GREECE
           DEP transporting or distributing gas pursuant to the Ministerial decision 2583/1987. AvdOeorj cxn An/j,6aia
           Emxsipnat] IJexpeXaiov apfiodiorrjxcov axexiKcbv fj£ xo (pvaiKo aipw.
           Athens Municipal Gasworks SA DEFA transporting or distributing gas.
           SPAIN
           Entities operating pursuant to Ley n° 10 de 15 de junio de 1987.
           FRANCE
           Societe nationale des gaz du Sud-ouest transporting gas.
           Gaz de France, set up and operating pursuant to Loi 46/6288 du 8 avril 1946 sur la nationalisation de I'electricite
           et du gaz.
           Entities (societes d'economie mixte or regies) distributing electricity and referred to in article 23 of Loi 48/1260
           du 12 aout 1948 portant modification des Lois 46/6288 du 8 avril 1946 et 46/2298 du 21 octobre 1946 sur la
           nationalisation de I'electricite et du gaz.
           Compagnie Francaise du Methane transporting gas.
           Local authorities, or associations of, supplying heat to the public.
           IRELAND
           Irish Gas Board and other entities operating pursuant to the Gas Act 1976.
           Dublin Corporation supplying heat to the public.
           ITALY
           SNAM and SGMe Montedison           transporting gas.
           Entities distributing gas pursuant to the Testo Unico delle leggi sull'assunzione diretta dei pubblici servizi da
           parte dei comuni e delle province approvato con Regio Decreto 15 ottobre 1925, n. 2578 and to the Decreto del
           P.R. n. 902 del 4 ottobre 1986.
           Entities distributing heat to the public referred to in article 10 of the legge 29 maggio 1982, n. 308 — Norme sul
           contenimento dei consumi energetici, lo sviluppo delle fonti rinnovabili di energia, I'esercizio di centrali
           elettriche alimentate con combustibili diversi dagli idrocarburi.
           Local authorities, or associations of, supplying heat to the public.
 ---pagebreak--- No C 319/20                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                   12. 12. 88
          LUXEMBOURG
          Societe de Transport de Gaz SOTEG SA.
          Gaswerk Esch-Uelzecht SA.
          Service Industriel de la Commune de Dudelange.
          Service Industriel de la Commune de        Luxembourg.
          Local authorities, or associations of, supplying heat to the public.
          NETHERLANDS
          Gasunie
          Entities transporting or distributing gas on the basis of a concession (concessie) granted by the local authorities
          pursuant to the Gemeentewet van 29 juni 1851.
          Local or provincial authorities transporting or distributing gas to the public pursuant to the Gemeentewet van
          29 juni 1851 and the Provinciewet van 25 januari 1962.
          Local authorities, or associations of, supplying heat to the public.
          PORTUGAL
          Sociedade de Electridade de Portugal (EDP).
          UNITED KINGDOM
          British Gas pic and other entities operating pursuant to the Gas Act 1986.
          Local authorities, or associations of, supplying heat to the public.
                                                                 ANNEX     IV
                                 EXPLORATION FOR AND EXTRACTION OF OIL OR GAS
          The entities granted an authorization, permit, licence or concession to explore for or extract oil and gas
          pursuant to the following legal provisions:
          BELGIUM
          Loi du ler mai 1939 completee par V arrete royal n° 83 du 28 novembre 1939 sur V exploration et I'exploitation du
          petrole et du gaz.
          Arrete royal du 15 novembre 1919.
          Arrete royal du 7 avril 1953.
          Arrete royal du 15 mars 1960, Loi au sujet de la plate-forme continentale du 15 juin 1969.
          Arrete de I'Executif regional wallon du 29 septembre 1982.
          Arrete de I'Executif flamand du 30 mai 1984.
          DENMARK
          Lov nr. 293 af 10. juni 1981 om anvendelse af Danmarks               undergrund.
          Lov om kontinentalsoklen,     jf. lovbekendtgarelse     nr. 182 af 1. maj 1979.
          GERMANY
          Bundesberggesetz vom 13. August 1980, amended on 29 November 1986.
          GREECE
          Law 87/1975 setting up DEP EKY. Ilepi iSpoaecoq Arjpoaiaq Enixeipr/oeoiq Ilexp&Xaiov.
 ---pagebreak--- 12. 12. 88                               Official Journal of the European Communities                                        No C 319/21
           SPAIN
           Ley sobre Investigation y Explotacion de Hidrocarburo de 27 de junto de 1974 and its implementing decrees.
           FRANCE
           Code minier (Decret 56-838 du 16 aout 1956), amended by Loi 56-1327 du 29 decembre 1956, Ordonnance 58-
           1186 du 10 decembre 1958, Decret 60-800 du 2 aout 1960, Decret 61-6359 du 7 avril 1961, Loi 70-1 du 2 Janvier
           1970, Loi 77-620 du 16 juin 1977, Decret 80-204 du 11 mars 1980.
           IRELAND
           Petroleum and Other Minerals Development Act 1960.
           Ireland Exclusive Licensing Terms 1975.
           Revised Licensing Terms 1987.
           ITALY
           Law No 136 of 10 February 1953.
           Law No 6 of 11 January 1957, amended by Law No 613 of 21 July 1967.
           LUXEMBOURG
           NETHERLANDS
           Mijnwet nr. 285 van 21 april 1810.
           Wet opsporing delfstoffen nr. 258 van 3 mei 1967.
           Mijnwet continentaalplat    1965, nr. 428 van 23 September 1965.
           PORTUGAL
           Decreto-Lei 543/74 de 16 de Outubro de 1974, as amended by Decrees and communications               168/77, 22/79,
           266/80,234/84,     174/85.
           Decreto 47/973 de 30 de Setembro de 1967 and 493/69 de 11 de Novembro de 1969, as amended by Decrees
           97/71, 98/71, 96/74, 424-C/76, 315/78, 266/80, 2/81, 245/82.
           UNITED KINGDOM
           Petroleum Production Act 1934.
           Continental Shelf Act 1964.
           Pipeline Act 1962.
           Petroleum and Submarine Pipeline Act 1975.
           Oil and Gas Act 1982.
           Petroleum Act 1987.
           Petroleum (Production) regulation 1982, 1984, 1986.
           Oil and Pipeline Act 1985.
                                                                ANNEX     V
                      EXPLORATION FOR AND EXTRACTION OF COAL OR OTHER SOLID FUELS
           BELGIUM
           Entities exploring or extracting coal or other solid fuels pursuant to the Arrete du regent du 22 aout 1948 and the
           Loi du 22 avril 1980.
 ---pagebreak--- No C 319/22                            Official Journal of the European Communities                                           12. 12. 88
          DENMARK
          Entities exploring or extracting coal or other solid fuels pursuant to the lov nr. 223 af8. juni 1977 om rdstoffer.
          GERMANY
          Entities exploring or extracting coal or other solid fuels pursuant to the Bundesberggesetz vom 13. August 1980,
          BGB1 1980.
          GREECE
          Public Power Corporation (An/idoia Enixtipnon HXeKxpiafiov) exploring or extracting coal or other solid
          fuels pursuant to the Mining Code of 1973, as amended by the law of 27 April 1976.
          SPAIN
          Entities exploring or extracting coal or other solid fuels pursuant to the Mining Code of 21 July 1973.
          FRANCE
          Entities exploring or extracting coal or other solid fuels pursuant to Code minier (Decret 56-863 du 16 aout
          1956), as amended by Loi 77-620 du 16 juin 1977, Decret 80-204 et Arrete du 11 mars 1980.
          IRELAND
          Bord na Mona.
          ITALY
          Carbo Suicis SpA.
          LUXEMBOURG
          NETHERLANDS
          PORTUGAL
          Empresa Carbonifera do Douro.
          UNITED KINGDOM
          British Coal Board set up pursuant to Coal Industry Nationalisation         Act 1946.
          Entities exploring or extracting solid fuels pursuant to the Mineral Development Act (Northern Ireland) 1969.
                                                              ANNEX     VI
                            CONTRACTING ENTITIES IN THE FIELD OF RAILWAY SERVICES
          BELGIUM
          Societe nationale des chemins de fer beiges.
          Nationale Maatschappij der Belgische Spoorwegen.
          DENMARK
          Danske Statsbaner (DSB).
          Entities operating set up pursuant to Lov nr. 295 af 6. juni 1984 om         privatbanerne.
 ---pagebreak--- 12. 12. 88                              Official Journal of the European Communities                                          No C 319/23
           GERMANY
           Deutsche     Bundesbahn.
           Other entities providing railway services to the public as defined in paragraph 2 of Allgemeines     Eisenbahngesetz
           1951.
           GREECE
           OpyavwpLbq ZiSnpoSpo/ucov EXXadoq.
           SPAIN
           Red Nacional de Los Ferrocarriles Espaholes.
           Ferrocarriles de Via Estrecha (FEVE).
           Ferrocarriles de la Generalitat de Catalunya (FGC).
           Eusko Trenbideak (Bilbao).
           Ferrocarriles de la Generalitat Valenciana (FGV).
           FRANCE
           Societe nationale des chemins de fer francais and other reseaux ferroviaires ouverts au public referred to in the
           hoi d'orientation des Transports interieurs du 30 decembre 1982, Titre 11, Chapitre ler du Transport
           ferroviaire.
           IRELAND
           larnrod Eireann (Irish Rail).
           ITALY
           Ferrovie dello Stato.
           Entities providing railway services on the basis of a concession pursuant to article 10 oiRegio Decreto 9 maggio
           1912, n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata,
           le tramvie a trazione meccanica e gli automobili.
           Entities operating on the basis of a concession granted, pursuant to special laws, as referred to in Titolo XI,
           Capo II, Sezione la of Regio Decreto 9 maggio 1912, n. 1447, che approva il testo unico delle disposizioni di
           legge per le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.
           Entities providing railway services on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949,
           n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.
           Entities or local authorities providing railway services on the basis of a concession pursuant to article 14 of
           Legge 2 agosto 1952, n. 1221 — Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di
            trasporto in regime di concessione.
           LUXEMBOURG
            Chemins de fer luxembourgeois      (CFL).
            NETHERLANDS
            Nederlandse Spoorwegen NV.
            Streekvervoerbedrijf Centraal Nederland.
            PORTUGAL
            Caminhos de Ferro Portugueses.
            UNITED KINGDOM
            British Rail.
            Northern Ireland Railways.
 ---pagebreak--- No C 319/24                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                            12. 12. 88
                                                               ANNEX      VII
             CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEY BUS
                                                           OR BUS SERVICES
          BELGIUM
          Societe nationale des chemins de fer vicinaux (SNCV)/Nationale            Maatschappij van Buurtspoorwegen          (NMB).
          Entities providing transport services to the public on the basis of a contract granted by SNCV pursuant to
          articles 16 and 21 of the Arrete du 30 decembre 1946 relatif aux transports remuneres de voyageurs par route
          effectues par autobus et par autocars.
          Societe des transports intercommunaux de Bruxelles (STIB).
          Maatschappij van het intercommunaal Vervoer te Antwerpen (MIVA).
          Maatschappij van het intercommunaal Vervoer te Gent (MIVG).
          Societe des transports intercommunaux de Charleroi (STIC).
          Societe des transports inter communaux de la region liegeoise (STIL).
          Societe des transports inter communaux de V agglomeration vervietoise (STIAV), and other entities set up
          pursuant to the Loi relative a la creation de societes de transports en commun urbains/Wet betreffende de
          oprichting van maatschappijen voor stedelijk gemeenschappelijk vervoer of 22 February 1962.
          Entities providing transport services to the public on the basis of a contract with STIB pursuant to article 10 or
          with other transport entities pursuant to article 11 of the Arrete royal 140 du 30 decembre 1982 relatif aux
          mesures d'assainissement applicables a certains organismes d'interet public dependant du ministere des
          communications.
          DENMARK
          Danske Statsbaner (DSB)
          Entities providing bus services to the public (almindelig rutekorsel) on the basis of an authorization pursuant to
          Lov nr. 115 af 29. marts 1978 om buskorsel.
          GERMANY
          Entities providing transport services to the public as defined in § 12, II und II of the         Personenbeforderungsgesetz
          vom 21. Marz 1961.
          GREECE
          HXeKxpoKivnta Aeaxpopeia IJspioxrjc; AOnvcbv-IJeipaicbq.
          (Electric Buses of the Athens — Piraeus Area) operating pursuant to decree 768/1970 and law 588/1977.
          HXeKtpiKoi Zidrjpodpo/uoi Adnvcbv-IIeipaicbq.
          (Athens — Piraeus Electric Railways) operating pursuant to laws 352/1976 and 588/1977.
          Emxdpnan AOTIKCOV Zuytcoivcovicbv.
          (Enterprise of Urban Transport) operating pursuant to law 588/1977.
          Koivo Tafieio Eianpd&coQ Aeaxpopeicov.
          (Joint Receipts Fund of Buses) operating pursuant to decree 102/1973.
          POAA (Anpowcr/ Eni/sipr/an Asaxpopeicov Podov).
          Roda Municipal bus enterprise in Rhodes.
          Opyaviap,6q AOTIKCOV ZvyKoivcovicbv 0ecaaAoviKng.
          (Urban Transport Organization of Thessaloniki) operating pursuant to decree 3721/1957 and law 716/1980.
          SPAIN
          Entities providing transport services to the public pursuant to the Ley de Regimen Local.
          Corporacion metropolitana de Madrid.
          Corporacion metropolitana de Barcelona.
          Entities providing urban or inter-urban bus services to the public pursuant to articles 113 to 118 of the Ley de
          Ordenacion de Transportes Terrestres de 31 de julio de 1987.
          Entities providing bus services to the public, pursuant to article 71 of the Ley de Ordenacion de Transportes
          Terrestres de 31 de julio de 1987.
          FEVE, RENFE (or Empresa Nacional de Transportes de Viajeros por Carretera) providing bus services to the
          public pursuant to the Disposiciones adicionales, Primera, de la Ley de Ordenacion de Transportes Terrestres
          de 31 de julio de 1957.
 ---pagebreak--- 12. 12. 88                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                  No C 319/25
           Entities providing bus services to the public pursuant to Disposiciones Transitorias, Tercera de la Ley de
           Ordenacion de Transportes Terrestres de 31 de julio de 1957.
           FRANCE
           Entities providing transport services to the public pursuant to article 7-11 of Lor 82-1153 du 30 decembre 1982,
           Transports interieurs, Orientation.
           Regie autonome des transports parisiens, Societe nationale des chemins de fer francais, APTR and other entities
           providing transport services to the public on the basis of an authorization granted by the Syndicat des
           Transports Parisiens pursuant to the Ordonnance de 1959 et ses decrets d'application relatifs a I'organisation
           des transports de voyageurs dans la region parisienne.
           IRELAND
           larnrod Eireann (Irish Rail).
           Bus Eireann (Irish Bus).
           Bus Atha Cliath (Dublin Bus).
           Entities providing transport services to the public on the basis of a licence granted pursuant to the Road
           Transport Act 1932.
           ITALY
           Entities providing transport services to the public on the basis of a concession pursuant to Legge 28 settembre
           1939, n. 1822 — Disciplina degli autoservizi di linea (autolinee per viaggiatori, bagagli e pacchi agricoli in
           regime di concessione all'industria privata) — article 1 as modified by article 45 ofDecreto del Presidente della
           Repubblica 28 giugno 1955, n. 771.
           Entities providing transport services to the public pursuant to article 1, n. 4 or n. 15 of Regio Decreto 15 ottobre
           1925, n. 2578 — Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei
           comuni e delle province.
           Entities operating on the basis of a concession pursuant to article 242 or 256 of Regio Decreto 9 maggio 1912,
           n. 1447, che approva il testo unico delle disposizioni di legge per le ferrovie concesse all'industria privata, le
           tramvie a trazione meccanica e gli automobili.
           Entities or local authorities operating on the basis of a concession pursuant to article 4 of Legge 14 giugno 1949,
           n. 410, concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.
           Entities operating on the basis of a concession pursuant to article 14 of Legge 2 agosto 1952, n. 1221 —
           Provvedimenti per I'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di
           concessione.
           LUXEMBOURG
           Chemins de fer du Luxembourg         (CFL).
           Service communal des autobus municipaux de la ville de               Luxembourg.
            Transports intercommunaux      du Canton d'Esch-sur-Alzette           (TICE).
           Federation luxembourgeoise des entreprises d'autobus et d'autocars operating pursuant to the Reglement
            Grand-Ducal du 3 fevrier 1978 concernant les conditions d'octroi des autorisations d'etablissement et
           d'exploitation des services de transports routiers reguliers de personnes remunerees.
           NETHERLANDS
           Entities providing transport services to the public pursuant to chapter II (openbaar vervoer) of the Wet
           Personenvervoer van 12 maart 1987.
           PORTUGAL
           Rodoviaria Nacional EP.
           Servico de Transportes Colectivos do Porto.
            Companhia Carris de Ferro de Lisboa.
            Companhia de Metropolitano       de Lisboa.
 ---pagebreak--- No C 319/26                            Official Journal of the European Communities                                         12. 12. 88
          Entities providing bus services to the public pursuant to base 7, Lei 2008 de 7 de Setembro de 1945,
          Coordenacao do Transportes Terrestres and article 72 of the Decreto Lei 372-72 de 31 de Dezembro de 1948,
          Regulamento do transportes automoveis.
          UNITED KINGDOM
          Entities providing bus services to the public pursuant to the London Regional Transport Act 1984.
          Entities providing bus services to the public pursuant to the Transport Act 1985.
          Newcastle    Railway.
          Glasgow     Underground.
          Manchester    Underground.
          Dockland    Railway.
          London     Underground.
                                                           ANNEX V1I1
                           CONTRACTING ENTITIES IN THE FIELD OF AIRPORT FACILITIES
          BELGIUM
          Regie des Voies Aeriennes set up pursuant to the Arrete-loi du 20 novembre 1946 portant creation de la regie des
          voies aeriennes amended by the Arrete royal du 5 octobre 1970 portant refonte du statut de la regie des voies
          aeriennes.
          DENMARK
          Airports operating on the basis of an authorization pursuant to § 55, stk. 1 i Lov om Luftfart,               jf.
          Lovbekendtgivelse nr. 408 af 11. September 1985.
          GERMANY
          Airports as defined in paragraphs 38 11 Nr. 1 and 49 11 Nr. 1 of the Luftverkehrszulassungsordnung            vom
          19.Juni 1964.
          GREECE
          Airports operating pursuant to law 517/1931 setting up the Civil Aviation Service [Ynnpeaia          JJOXITIK^Q
          Aeponopiag     (YIJA)J.
          International airports operating pursuant to presidential decree 647/981.
          SPAIN
          Airports managed by Aeropuertos Nacionales operating pursuant to Real Decreto 2 7811982 del5de       octubre de
          1982.
          FRANCE
          Aeroports de Paris operating pursuant to Titre V, Articles L 251-1 a 252-1 du Code de I'aviation civile.
          Aeroport de Bdle-Mulhouse set up pursuant to the Convention Franco-Suisse du 4 juillet 1949.
          Airports as defined in Article L 270-1 du Code de Vaviation civile.
          Airports operating pursuant to the Cahier de charges type d'une concession d'aeroport, decret du 6 mai 1955.
 ---pagebreak--- 12. 12. 88                              Official Journal of the European Communities                                      No C 319/27
           Airports operating on the basis of a Convention d'exploitation pursuant to Article L 221 du Code de Vaviation
           civile.
           IRELAND
           Airports of Dublin, Cork and Shannon managed by Aer Rianta-lrish           Airports.
           Airports operating on the basis of a public use license granted, pursuant to the Air Navigation and Transport
           Act No 23 1936, the Transport fuel and power (transfer of departmental Administration and ministerial
           functions Order 1959) and the Air Navigation (aerodrome and visual ground aids) Order 1970.
           ITALY
           Civil State airports (aerodromi civili istituiti dallo Stato) referred to in article 692 of the Codice della
           navigazione, Regio Decreto 30 marzo 1942, n. 327.
           Entities operating airport facilities on the basis of a concession granted pursuant to Article 694 of the Codice
           della navigazione, Regio Decreto 30 marzo 1942, n. 327.
           LUXEMBOURG
           Aeroport de Findel.
           NETHERLANDS
           Airports operating pursuant to Articles 18 to 30 of the Luchtvaartwet of 15 January 1958, amended on 7 June
           1978.
           PORTUGAL
           Airports managed by Aeroportos e Navegacao Aerea (ANA) EP pursuant to Decreto-Lei               246/79.
           Aeroporto do Funchal and Aeroporto de Porto Santo regionalized, pursuant to Decreto-Lei            284/81.
           UNITED KINGDOM
           Airports managed by BAA pic.
           Airports which are public limited companies (pic's) pursuant to the 1986 Airports Act.
                                                               ANNEX     IX
                 CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER
                                                       TERMINAL FACILITIES
           BELGIUM
           Societe anonyme du Canal et des installations maritimes de Bruxelles.
           Port autonome de Liege.
           Port autonome de Namur.
           Port autonome de Charleroi.
           Port de la ville de Gand.
           La Compagnie des installations maritimes de Bruges — Maatschappij der Brugse             haveninrichtingen.
           Societe intercommunale de la rive gauche de I'Escaut — Intercommunale                maatschappij  van de linker
           Scheldeoever (Port d'Anvers).
 ---pagebreak--- No C 319/28                             Official Journal of the European Communities                                        12. 12. 88
          Port de Nieuport.
          Port   d'Ostende.
          DENMARK
          Ports as defined in article 1,1 to HI of the Bekendtgorelse nr. 604 afl6. december 1985 om hvilke havne der er
          omfattet af lov om trafikhavne, jf. lov nr. 239 af 12. maj 1976 om trafikhavne.
          GERMANY
          Seaports owned totally or partially by territorial authorities (Lander, Kreise,     Gemeinden).
          Inland ports subject to the Tarifordnung pursuant to the Wassergesetze of the Lander.
          GREECE
          Piraeus port OpyaviopLOC, Aifievoq ITeipaidx;, set up pursuant to Emergency Law 1559/1950 and Law 1630/1951.
          Thessaloniki port Opyaviafioq AipAvoc, OeooaXoviKriQ, set up pursuant to decree NA 2251/1953.
          Other ports governed by presidential decree 649/1977 (IIA 649/1977).
          Enonreia, opydvcoarj Xenovpyiat;, dwiKnxiKOQ eXeyxoq Xipevcov (surveillance organization of functioning and
          administrative control).
          SPAIN
          Puerto de Huelva set up pursuant to the Decreto de 2 de octubre de 1969, n° 2380/69. Puertos y Faros. Otorga
          Regimen de Estatuto de Autonomia al Puerto de Huelva.
          Puerto de Barcelona set up pursuant to the Decreto de 25 de agosto de 1978, n° 2407/78. Puertos y Faros.
          Otorga al de Barcelona Regimen de Estatuto de Autonomia.
          Puerto de Bilbao set up pursuant to the Decreto de 25 de agosto de 1978, n° 2408/78. Puertos y Faros. Otorga al
          de Bilbao Regimen de Estatuto de Autonomia.
          Puerto de Valencia set up pursuant to the Decreto de 25 de agosto de 1978, n° 2409/78. Puertos y Faros. Otorga
          al de Valencia Regimen de Estatuto de Autonomia.
          Juntas de Puertos operating pursuant to the Ley 27/68 de 20 dejunio 1968. Puertos y Faros. Juntas de Puertos y
          Estatutos de Autonomia and to the Decreto de 9 de abril de 1970, n° 1350/70. Juntas de Puertos. Reglamiento.
          Ports managed by the Comision Administrativa de Grupos de Puertos operating pursuant to the Ley 27/68 de 20
          de junio de 1968, Decreto 1958/78 de 23 de junio de 1978 and Decreto 571/81 de 6 de mayo de 1981.
          Ports listed in the Real Decreto 989/82 de 14 de mayo de 1982. Puertos. Clasificacion de los de interes general.
          FRANCE
          Port autonome de Paris set up pursuant to Loi 68-917 du 24 octobre 1968 relative au port autonome de Paris.
          Port autonome de Strasbourg set up pursuant to the Convention du 20 mai 1923 entre I'Etat et la ville de
          Strasbourg relative a la constitution du port rhenan de Strasbourg et a {'execution de travaux d'extension de ce
          port, approved by the Loi du 26 avril 1924.
          Other inland waterway ports set up or managed pursuant to article 6 (navigation interieure) of Decret 69-140
          du 6 fevrier 1969 relatif aux concessions d'outillage public dans les ports maritimes.
          Ports autonomes operating pursuant to articles L 111-1 et suivants of the Code des ports        maritimes.
          Ports non autonomes operating pursuant to articles R 121-1 et suivants of the Code des ports         maritimes.
          Ports managed by regional authorities (departements) or operating pursuant to a concession granted by the
          regional authorities (departements) pursuant to article 6 of Loi 86-663 du 22 juillet 1983 completant la loi 83-8
          du 7 Janvier 1983 relative a la repartition de competences entre les communes, departements et I'Etat.
 ---pagebreak--- 12. 12. 88                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s               No C 319/29
           IRELAND
           Ports operating pursuant to the Harbour Act 1968.
           ITALY
           State ports and other ports managed by the Capitaneria di Porto pursuant to the Codice delta navigazione,
           Regio Decreto 30 marzo 1982, n. 32.
           Autonomous ports (Enti portuali) set up by special laws pursuant to article 19 of the Codice delta navigazione,
           Regio Decreto 30 marzo 1982, n. 327.
           LUXEMBOURG
           Port de Mertert set up and operating pursuant to Loi du 22 juillet 1963 relative a t'amenagement            et a
           I'exploitation d'un port fluvial sur la Moselle.
           NETHERLANDS
           Havenbedrijven,   set up and operating pursuant to the Gemeentewet van 29 juni 1851.
           Havenschap Vlissingen, set up by the wet van 10 September 1979 inzake de gemeenschappelijke         regeling tot
           oprichting van het Havenschap Vlissingen.
           Havenschap Terneuzen, set up by the wet van 8 april 1970 inzake de gemeenschappelijke regeling tot oprichting
           van het Havenschap Terneuzen.
           Havenschap Delfzijl, set up by the wet van 31 juli 1957 inzake de gemeenschappelijke regeling tot oprichting van
           het Havenschap Delfzijl.
           Haven- en Industrieschap Moerdijk, set up by the gemeenschappelijke regeling tot oprichting van het Haven- en
           Industrieschap Moerdijk van 23 oktober 1970, approved by Koninklijk Besluit nr. 23 van 4 maart 1972.
           PORTUGAL
           Porto de Lisboa set up pursuant to the Decreto Real de 18 de Fevereiro de 1907 and operating pursuant to
           Decreto-Lei 36976 de 20 de Julho de 1948.
           Porto do Douro e Leixoes set up pursuant to Decreto-Lei 36977 de 20 de Julho de 1948.
           Porto de Sines set up pursuant to Decreto-Lei 508/77 de 14 de Dezembro de 1977.
           Portos de Setubal, Aveiro, Figueira da Foz, Viana do Castelo, Portimao e Faro operating pursuant to Decreto-
           Lei 37754 de 18 de Fevereiro de 1950.
           UNITED KINGDOM
           Harbour authorities within the meaning of section 57 of the Harbours Act 1964 providing port facilities to
           carriers by sea or inland water way.
 ---pagebreak--- No C 319/30                       Official Journal of the European Communities                                          12. 12. 88
                                                        ANNEX X
                  LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN THE GENERAL INDUSTRIAL
              CLASSIFICATION OF ECONOMIC ACTIVITIES WITHIN THE EUROPEAN COMMUNITIES
                               Subgroups
            Classes   Groups                                                Description
                                 SL
              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         Roofings
                                 501.3         Construction of chimneys, kilns and furnaces
                                 501.4         Water-proofing and damp-proofing
                                 501.5         Restoration and maintenance of outside walls (repointing, cleaning,
                                               etc.)
                                 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; drillings
                                 502.4         Hydraulic engineering (rivers, canals, harbours, flows, lochs and
                                               dams)
                                 502.5         Road-building (including specialized construction of airports and
                                               runways)
                                 502.6         Specialized constrution 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 the after 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--- 12. 12. 88                              Official Journal of the European Communities                                           No C 319/31
                                                             ANNEX     XI
                        MODEL NOTICE OF CONCESSION CONTRACTS IN THE WATER SECTOR
           1.  The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
           2.  The subject of the concession, nature and characteristics 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.  Information concerning the candidate's own position and economic and technical standards required of
               him:
           5.  The criteria for the award of the contract:
           6.  Other information:
           7.  Date of dispatch of the notice:
           8.  Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                             ANNEX     XU
                                                       A. OPEN PROCEDURES
            1. The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
           2.  For supply contracts: form of contract for which offers are invited:
           3.   (a) Place of delivery, or site:
                (b) Nature and quantity of the goods to be supplied:
                     or
                     The nature and extent of the services to be provided and general nature of the work:
                (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                     or, for works contracts:
                     If the work or the contract is subdivided into several lots, the order of size of the different lots and the
                     possibility of tendering for one, for several or for all of the lots:
                (d) Authorization to submit variants:
                (e) For works contracts: information concerning the purpose of the work or the contract where the latter
                     also involves the drawing up of projects:
            4.  Derogation from the use of European standards, common technical specifications or European technical
                approvals, in accordance with Article 9:
            5.  Time limit for delivery or completion:
            6.   (a) Name and address of the service from which the contract documents and additional documents may be
                     requested:
                 (b) (Where applicable) the amount and terms of payment of the sum to be paid to obtain such documents:
            7.   (a) The final date for receipt of tenders:
                 (b) The address to which they must be sent:
                 (c) The language or languages in which they must be drawn up:
 ---pagebreak--- No C 319/32                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                      12. 12. 88
          8.  (a) The persons authorized to be present at the opening of tenders:
              (b) The date, hour and place of such opening:
          9.  (Where applicable) any deposits and guarantees required:
          10. Main terms concerning financing and payment and/or references to the provisions in which these are
              contained:
          11. (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
              contract is awarded:
          12. Economic and technical standards required of the supplier or contractor to whom the contract is awarded:
          13. Period during which the tenderer is bound to keep open his tender:
          14. The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned
              where they do not appear in the contract documents:
          15. Other information:
          16. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
              European Communities to which this contract refers:
          17. Date of dispatch of the notice:
          18. Date of receipt of the notice by the Office of Official Publications of the European Communities:
                                                 B. RESTRICTED PROCEDURES
          1.  The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
              entity:
          2.  For supply contracts: form of contract for which offers are invited:
          3.  (Where applicable) justification for the use of the accelerated procedure according to Article 17 (4):
              (a) Place of delivery, or site :
              (b) Nature and quantity of the goods to be supplied:
                   or
                   The nature and extent of the services to be provided and general nature of the work:
              (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                   or, for works contracts:
                   If the work or the contract is subdivided into several lots, the order of size of the different lots and the
                   possibility of tendering for one, for several or for all of the lots:
              (d) Authorization to submit variants:
              (e) For works contracts: information concerning the purpose of the work or the contract where the latter
                   also involves the drawing up of projects:
          5.  Derogation from the use of European standards, common technical specifications or European technical
              approvals, in accordance with Article 9:
          6.  Time limit for delivery or completion:
          7.  (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
              contract is awarded:
          8.  (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:
          9.  The final date for dispatch of invitations to tender:
          10. (Where applicable) any deposits and guarantees required:
          11. Main terms concerning financing and payment and/or the provisions laid down by law or regulation in
              which these are contained:
 ---pagebreak--- 12. 12. 88                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                    No C 319/33
           12. Information concerning the supplier's or contractor's position and economic and technical standards
               required of him:
           13. The criteria for the award of the contract where they are not mentioned in the invitation to tender:
           14. Other information:
           15. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
               European Communities to which this contract refers:
           16. Date of dispatch of the notice:
           17. Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                 C. NEGOTIATED PROCEDURES
           1.  The name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
               entity:
           2.  For supply contracts: form of contract for which offers are invited:
           3.  (a) Place of delivery, or site:
               (b) Nature and quantity of the goods to be supplied:
                    or
                    The nature and extent of the services to be provided and general nature of the work:
               (c) Indication of whether the suppliers can tender for some and/or all of the goods required:
                    or, for works contracts:
                    If the work or the contract is subdivided into several lots, the order of size of the different lots and the
                    possibility of tendering for one, for several or for all of the lots:
               (d) For works contracts: information concerning the purpose of the work or the contract where the latter
                    also involves the drawing up of projects:
           4.  Derogation from the use of European standards, common technical specifications or European technical
               approvals, in accordance with Article 9:
           5.  Time limit for delivery or completion:
           6.  (Where applicable) the legal form to be taken by the grouping of suppliers or contractors to whom the
               contract is awarded:
           7.  (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:
           8.   (Where applicable) any deposits and guarantees required:
           9.  Main terms concerning financing and payment and/or the provisions laid down by law or regulation in
               which these are contained:
           10. Information concerning the supplier's or contractor's position and economic and technical standards
               required of him:
           11. (Where applicable) the names and addresses of suppliers or contractors already selected by the contracting
               entity:
           12. (Where applicable) date(s) of previous publication in the Official Journal of the European          Communities:
           13. Other information:
           14. (Where applicable) date of publication of the periodic information notice in the Official Journal of the
               European Communities to which this contract refers:
           15. Date of dispatch of the notice:
 ---pagebreak--- No C 319/34                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                 12. 12. 88
          16. Date of receipt of the notice by the Office of Official Publications of the European Communities:
                                                               ANNEX X1U
                              NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM
          1.  Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
              entity:
          2.  Purpose of the qualification system:
          3.  Address where the rules concerning the qualification system can be obtained (if different from the address
              mentioned under 1 above):
          4.  Where applicable, duration of the qualification system:
                                                               ANNEX     XIV
                                             PERIODIC INFORMATION NOTICE
          A. For supply contracts
             1.   Name, address, telephone number, telegraphic address, telex and telecopier number of the contracting
                  entity or the service from which additional information may be obtained:
             2.   Nature and quantity or value of the products to be supplied:
             3.   (a) Estimated date of the commencement of the procedures of the award of the contract(s) (if known):
                  (b) Type of award procedure to be used:
             4.   Other information:
             5.   Date of dispatch of the notice:
             6.   Date of receipt of the notice by the Office for Official Publications of the European Communities:
          B. For works contracts
             1.   The name, address, telegraphic address, telephone, telex and telecopier number of the contracting
                  entity:
                  (a) The site:
                  (b) The nature and extent of the services to be provided, the main characteristics of the work or of the
                       lots by reference to the work:
                  (c) An estimate of the cost of the services to be provided:
             3.   (a) Type of award procedure to be used:
                  (b) The date scheduled for initiating the award procedures in respect of the contract or contracts:
                  (c) The date scheduled for the start of the work:
                  (d) Planned timetable for completion of the work:
             4.   Terms of financing of the work and of price revision:
             5.   Other information:
             6.   Date of dispatch of the notice:
 ---pagebreak---  12. 12. 88                                          Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                       No C 319/35
                  7.    Date of receipt of the notice by the Office for Official Publications of the European Communities:
                                                                             ANNEX      XV
                                                          NOTICE ON CONTRACTS AWARDED
                  1.    Name and address of contracting entity:
                  2.    Award procedure:
                  3.    Date of award of contract:
                  4.    Criteria for award of contract:
                  5.    Number of offers received:
                  6.    Name and address of successful supplier(s) or contractor(s):
                  7.    Nature and quantity of goods supplied, where applicable, by supplier:
                        or
                        The nature and extent of the services provided, general characteristics of the finished structure:
                  8.    Price or range of prices (minimum/maximum) paid:
                  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:
                  R e c o m m e n d a t i o n for a Council Decision on the conclusion of a Supplementary Protocol to the
                 Agreement establishing an association between the E u r o p e a n E c o n o m i c C o m m u n i t y and the
                                                                        Republic of M a l t a
                                                                       COM(88)      581      final
                                                 (Submitted   by the Commission             on 20 October            1988)
                                                                            (88/C 319/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                H a v i n g regard to the opinion of the E u r o p e a n Parliament,
                                                                                        W h e r e a s it is necessary to a p p r o v e a Supplementary
H a v i n g regard to the T r e a t y establishing the E u r o p e a n                  Protocol to the Agreement establishing an association
E c o n o m i c C o m m u n i t y , a n d in particular Article 238                     between the E u r o p e a n E c o n o m i c C o m m u n i t y and the
thereof,                                                                                Republic of M a l t a , and a d a p t i n g certain provisions of the
                                                                                        Agreement signed at La Valetta 5 December 1970 (*),
H a v i n g regard to the r e c o m m e n d a t i o n from the C o m m i s -
sion,                                                                                   0) O] No L 61, 14. 3. 1971, p. 1.