CELEX: 51988PC0042
Language: en
Date: 1988-02-05
Title: THIRD ALTERATION OF THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/62/EEC RELATING TO THE COORDINATION OF PROCEDURES ON THE AWARD OF PUBLIC SUPPLY CONTRACTS AND DELETING CERTAIN PROVISIONS OF DIRECTIVE 80/767/EEC

10. 3. 88                               Official Journal of the European Communities                                  No C 65/5
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
               Proposal for a Council Directive amending Directive 77/62/EEC relating to the coordination of
               procedures on the award of public supply contracts and deleting certain provisions of Directive
                                                          80/767/EEC
                                                       COM(88) 42 final/2
               (Submitted by the Commission to the Council pursuant to Article 149 (2) (d) of the EEC Treaty on
                                                        11 February 1988)
                                                           (88/C 65/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas it is necessary to improve and extend the scope
                                                                    of the Directive by increasing the transparency of
Having regard to the Treaty establishing the European               procedures and practices for the award of public supply
Economic Community, and in particular Article 100A                  contracts, and to make possible stricter enforcement of
thereof,                                                            the prohibition of restrictions on the free movement of
                                                                    goods, which constitutes the basis of these Directives;
Having regard to the proposal from the Commission ('),
                                                                    Whereas it is necessary to amend these Directives in
                                                    2               order to incorporate the changes to the GATT
In cooperation with the European Parliament ( ),
                                                                    Government      Procurement       Agreement       agreed    in
                                                                    December 1986;
Having regard to the opinion of the Economic and
Social Committee (3),                                               Whereas it is necessary to develop the conditions of
                                                                    effective competition for public supply contracts and the
Whereas those measures need to be taken which aim at
                                                                    economic, budgetary and industrial benefits which result
progressively establishing the internal market, in a period
                                                                    from it;
up to 31 December 1992; whereas the internal market
consists of an area without internal frontiers in which
free circulation of goods, persons, services and capital is         Whereas it is necessary, to that end, to define the extent
guaranteed;                                                         of the exemptions by sector in order to ensure, in view
                                                                    of the divergent interpretations, that the disequilibrium
                                                                    in the application of the Directives between Member
Whereas successive European Councils have drawn                     States does not increase;
conclusions concerning the need to realize a single
internal market;                                                     Whereas the inclusion of the defence sector under this
                                                                    Directive needs to be clarified by reference to the provisions
Whereas the White Paper on the completion of the                    of the EEC Treaty;
internal market fixes an action programme and a
timetable for the opening up of public supply contracts;           Whereas it is appropriate to lay down the applicable
                                                                    thresholds, including the GATT related threshold, in a
Having regard to the report on the application of                   single provision;
Directive 77/62/EEC (4), as last amended by the Act of
Accession of Spain and Portugal, and Directive                     Whereas the open procedure best assures the estab-
80/767/EEC (5) submitted by the Commission to the                   lishment of equality in the conditions of participating in
Council on 14 December 1984 in reply to the Council                 public contracts in all the Member States; whereas it is
resolution of 21 December 1976,                                     necessary to make the use of this procedure the rule,
                                                                   with the use of other procedures requiring a justification
                                                                    and the establishment of reports relating to it;
(l) OJ No C 173, 11. 7. 1986, p. 4; OJ No C 161, 19. 6. 1987,
                                                                   Whereas in order to limit the use of the single tender
    p. 10 and OJ No C 303, 13. 11. 1987, p. 3.
                                                                   procedure it is appropriate to create a negotiated
O Opinions delivered on 9 July 1987 (OJ No C 246,
                                                                   procedure, which exists already in the practice of certain
    14. 9. 1987, p. 58) and on 15 December 1987.
                                                                    Member States and in addition to define the conditions
O OJ No C 68, 16. 3. 1987, p. 7.
                                                                   where extreme urgency can be invoked and the period
(4) OJ No L 13, 15. 1. 1977, p. 1.
                                                                    during which additional deliveries can be carried out;
(') OJ No L 215, 18. 8. 1980, p. 1.
 ---pagebreak--- No C 65/6                               Official Journal of the European Communities                                  10. 3. 88
Whereas the negotiated procedure shall be considered as            Whereas Portugal needs a transitional period for similar
exceptional and therefore shall only be applied in certain         reasons;
specified cases;
Whereas it is necessary to adapt the common rules in the
technical domain to the new Community policy in                    Whereas Greece is about to conclude the process of
respect of standardization;                                        adapting her national law to Directive 77/62/EEC and
                                                                   the incorporation at this stage of new Community rules
Whereas all the operations and procedures related to the           would adversely affect the public supply contract sector,
supply activities of the contracting authorities should be         in particular with regard to certain economically
made more transparent; whereas, to this end, it is appro-          significant factors, namely stability, transparency and the
priate that the contracting authorities make known their           maintenance, in the medium term, of the framework of
purchasing programmes by means of advance infor-                   trading conditions;
mation notices at Community level and that contracting
authorities which use non-competitive tendering should
permit other potential suppliers to establish and show
their interest in such purchases and that information on           Whereas, in view of the conclusions of the said
the conditions under which contracts have been awarded             European Councils, of the provisions of the White
should also be made public by the same method in order             Paper, of the said report, Directive 77/62/EEC should
to stimulate more interest and participation on the part           be amended and certain provisions of Directive
of a greater number of suppliers at Community level in             80/767/EEC repealed,
public supply contracts;
Whereas it is necessary to fix certain time limits in order
to avoid delays in the transmission of advance infor-              HAS ADOPTED THIS DIRECTIVE:
mation notices and notices on contracts awarded;
Whereas it is necessary to extend the time limits for the
receipt of requests for participation and tenders in the                                      TITLE I
framework of public supply contracts in order to
improve the access and participation by a greater number                    Amendments to the Directive 77/62/EEC
of suppliers;
 Whereas the principle of equal pay for men and women is
 established by the Treaty; whereas the directives on equal                                   Article 1
pay and equal treatment for men and women (J) contribute
 to ensuring fair competition;                                     Directive 77/62/EEC is hereby amended in accordance
                                                                   with the provisions of this Title.
  Whereas failure to comply with statutory obligations
 regarding health and safety at work and equal opportunities
for the handicapped and racial or religious minorities can
 enable a supplier, in certain circumstances, to derive unfair
 economic advantage;                                                                          Article 2
                                                                   Article 1 (a) is replaced by the following:
  Whereas it is desirable to place national rules aiming at
 regional development in a Community context;
 Whereas the Council will, within a fixed period, decide on        '(a) "public supply contracts" shall be contracts for
 the Commission proposal for a directive on monitoring and              pecuniary interest concluded in writing involving the
 compliance with EC directives on the award of public                   purchase, lease, rental .or hire purchase, with or
 contracts;                                                             without option to buy, of products between a
                                                                        supplier (a natural or legal person) and one of the
Whereas Spain has only just adopted internal legislation                contracting authorities defined in (b) below. The
to implement Directive 77/62/EEC; whereas further                       delivery of such products may in addition include
changes at this stage would adversely affect the adap-                  siting and installation operations'.
tation by the private sector in this country, it is appro-
priate to allow Spain additional time to implement the
present Directive in its entirety;
                                                                   New subparagraphs (d), (e) and (f) are added as follows:
 (') Directive 75/117/EEC, OJ No L 45, 19. 2. 1975;
     Directive 76/207/EEC, OJ No L 39, 14. 2. 1976;
     Directive 79/37/EEC, OJ No L 6, 10. 1. 1979;                  (d) 'open procedures' within the meaning of this Directive
     Directive 86/378/EEC, OJ No L 225, 12. 8. 1986;                    are those national procedures whereby all interested
     Directive 86/613/EEC, OJ No L 359, 19. 12. 1986.                   suppliers can present an offer;
 ---pagebreak---  10. 3. 88                                Official Journal of the European Communities                                   No C 65/7
(e) 'restricted procedures' within the meaning of this                                           Article 7
      Directive are those national procedures whereby only
      those suppliers invited by the contracting authority may       Article 5 is replaced by the following:
      submit tenders;                                                     Article 5
                                                                         1. (a) The provisions of Titles II, III and IV and of
(f)   'negotiated procedures' within the meaning of this                          Article 6 shall apply to public supply contracts
      Directive are those national procedures whereby
      contracting authorities consult suppliers of their choice                   — awarded by the contracting authorities
      and negotiate the terms of the contract with one or                             referred to in Article 1 (b) including
      several of them.                                                                contracts awarded by the contracting auth-
                                                                                      orities in the field of defence listed in
                                                                                      Annex I to Directive 80/767/EEC, in so
                             Article 3                                                far as the products not listed in Annex II
                                                                                      to the said Directive are concerned,
A new Article 2 is inserted:                                                          provided that the estimated value net of
                                                                                      VAT is not less than 200 000 ECU,
     'Article 2                                                                   — awarded under the terms and conditions of
                                                                                      Directive 80/767/EEC by the contracting
     Without prejudice to Articles 3, 4 and 5 (1), this                               authorities listed in Annex I to the said
     Directive shall apply to all products within the meaning                         Directive and whose estimated value net of
     of Article 1 (a) including those covered by contracts                            VAT is not less than 130 000 ECU; in the
     awarded by contracting authorities in the field of                               case of contracting authorities in the field
     defence, except for the products referred to in Article                          of defence, this shall apply only to
     223 (1) (b) of the Treaty.'                                                      contracts involving products covered by the
                                                                                      said Directive in accordance with Annex II
                                                                                      thereto.
                             Article 4                                      (b) The Directive shall apply to public supply
                                                                                  contracts for which the estimated value equals
Article 2 of the Directive         becomes Article 3 and its
                                                                                  or exceeds the threshold concerned at the time
paragraph (1) is deleted.
                                                                                  of publication of the notice in accordance with
                                                                                  Article 9 (2).
Article 3 (2) of the Directive is replaced by the                           (c) The value of the thresholds in national
following:                                                                        currencies and the threshold of the GATT
                                                                                  Agreement in terms of the ECU shall in
'This Directive shall not apply to:                                               principle be revised every two years with effect
                                                                                  from 1 January 1988. The calculation of these
     (a) public supply contracts awarded by carriers by
                                                                                  values shall be based on the average daily
         land, sea or air;                                                        values of these currencies in terms of the ECU
                                                                                  and of the ECU in terms of the Special
     (b) public supply contracts awarded by contracting
                                                                                  Drawing Rights (SDR) over the 24 months
         authorities in so far as those contracts concern
                                                                                  terminating on the last day of October im-
         the production, transport and distribution of
                                                                                  mediately preceding the 1 January revision.
         drinking water or those contracting authorities
                                                                                  The values shall be published in the Official
         whose principal activity lies in the production and
                                                                                 Journal of the European Communities at the
         distribution of energy, nor to those contracting
                                                                                  beginning of November.
         authorities whose principal activity is to offer
         telecommunications services;                                       (d) The method of calculation laid down in
                                                                                  subparagraph (c) shall be examined, on the
     (c) supplies which are declared secret or when their                         Commission's initiative, by the Advisory
         delivery must be accompanied by special security                         Committee for Public Contracts, in principle
         measures in accordance with the laws, regu-                              two years after its initial application.
         lations or administrative provisions in force in the            2.     In the case of contracts for the lease, rental or
         Member State concerned or when the protection                   hire purchase of products, the bases for calculating
         of the basic interests of that State's security so              the estimated contract value shall, be:
         requires.'                                                      — in the case of fixed term contracts, where their
                                                                             term is 12 months or less, the calculation should
                                                                             be based on the total contract value for its
                             Article 5                                       duration, or, where their term exceeds 12 months,
                                                                             its total value including the estimated residual
Article 3 of the Directive becomes Article 4.
                                                                             value,
                                                                         — in the case of contracts for an indefinite period or
                             Article 6                                       in cases where there is doubt as to the duration of
                                                                             the contracts, the monthly instalment multiplied
Article 4 of the Directive is deleted.                                       by 48.
 ---pagebreak--- No C 65/8                                Official Journal of the European Communities                                    10. 3. 88
    3.     In the case of regular supply contracts or of               submitted offers in accordance with the              formal
   contracts which are to be renewed within a given                    requirements of the tendering procedure.
    time, either the aggregate cost of similar contracts
    concluded over the previous fiscal year or 12 months
    adjusted, where possible, for anticipated changes in
                                                                       4.     The contracting authorities may also award
    quantity or value over the subsequent 12 months or
                                                                       their supply contracts by negotiated procedure
    the estimated aggregate cost during the 12 months
                                                                       without prior publication of a tender notice in the
    following first delivery or during the term of the
                                                                       following cases:
    contract where this is greater than 12 months must be
    taken as the basis for the application of paragraph 1.
   The selection of the valuation method shall not be
    used with the intention of avoiding the application of             (a) in the absence of tenders in response to an open
    this Article.                                                           or restricted procedure in so far as the original
                                                                            terms of the contract are not substantially altered
    4.     If a proposed procurement of supplies of the                     and provided that a report is communicated to
    same type may lead to contracts being awarded at the                    the Commission;
    same time in separate parts, the estimated value of
    the total sum of these parts must be taken as the basis
    for the application of paragraphs 1 and 2.                         (b) when the articles involved are manufactured
                                                                            purely for the purpose of research, experiment,
    5.     In cases where a proposed procurement                            study or development, this provision not
    specifies option clauses, the basis for calculating the                 extending to quantity production to establish
    estimated contract value shall be the highest possible                  commercial viability or to recover research and
    total purchase, lease, rental, or hire-purchase                         development costs;
    permissible, inclusive of the option clauses.
    6.     No procurement requirement for a given                      (c) when, for technical or artistic reasons, or for
    quantity of supplies may be split up with the intention                 reasons connected with protection of exclusive
    of avoiding the application of this Article.'
                                                                            rights, the goods supplied may be manufactured
                                                                            or delivered only by a particular supplier;
                           Article 8
Article 6 is replaced by the following:                                (d) in so far as is strictly necessary when, for reasons
                                                                            of extreme urgency brought about by events
     'Article 6                                                             unforseeable by the contracting authorities, the
     L     In awarding public supply contracts the                          time limits laid down for the open and restricted
     contracting authorities shall apply the procedures                     procedures cannot be kept. The circumstances
    defined in Article 1 (d), (e) and (/), adapted to this                  invoked to justify extreme urgency must not in
                                                                            any case be attributable to the contracting auth-
     Directive, in the cases set out below.
                                                                            orities;
     2.     The contracting authorities may award their
    supply contracts using the restricted procedure in
   justified cases.                                                    (e) for additional deliveries by the original supplier
                                                                            which are intended either as a partial replacement
    Such justification may, inter alia, be constituted by:                  of normal supplies or installations or as the
                                                                            extension of existing supplies or installations
    — a need to maintain a balance between market
         value and procedural costs,                                        where a change of supplier would oblige the
                                                                            contracting authority to acquire material having
   — a need arising from the specific nature of the                         different technical characteristics which would
         products to be procured.                                           result in incompatibility or disproportionate
                                                                            technical difficulties in operation and main-
    3.     The contracting authorities may award their                      tenance. The length of such contracts as well as
    supply contracts by negotiated procedure in the event                   that of recurrent contracts may, as a general rule,
    of irregular tenders in response to an open or                          not exceed three years.
    restricted procedure or in the event of tenders which
    are unacceptable under national provisions that are in
    accordance with the provisions of Title IV, in so far
    as the original terms for the contract are not substan-            5.     In all other cases, the contracting authorities shall
    tially altered. The contracting authorities shall in               award their supply contracts by the open procedure.
    these cases publish a tender notice unless they include
    in such negotiated procedures all the enterprises
    satisfying the criteria of Articles 16 to 20 which,                6.     In the case of restricted or negotiated
    during the prior open or restricted procedure, have                procedures, the contracting authorities shall draw up
 ---pagebreak--- 10. 3. 88                                Official Journal of the European Communities                                No C 65/9
    a written report which shall contain the justification              (d) the project concerned is of a genuinely innovative
    for the use of that procedure and shall include at                       nature for which use of existing standards would
    least the name and address of the contracting                            not be appropriate.
    authority, the value, quantity and nature of products
    purchased, the number of requests to participate
    received, the number of candidates invited to present               4.     Contracting authorities invoking paragraph 3
    an offer and, should the occasion arise, the number                 shall record, unless it is impossible, the reasons for
    of candidates rejected and the reasons for their                    doing so in the tender notice published in the Official
    rejection. The report shall also indicate, in the case of           Journal of European Communities and in all cases
    the use of negotiated tender procedures, the circum-                shall record these reasons in their internal documen-
    stances referred to in paragraphs 3 and 4 with due                  tation and shall supply such information on request
    justification which have led to the use of these                    to Member States and to the Commission.
    procedures.
    This report, or the main features of it, shall be
    communicated to the Commission at its request.'                     5.     In the absence of European standards or
                                                                        common technical specifications, the technical speci-
                                                                        fications may be defined, without prejudice to the
                            Article 9                                   principles of equivalence and mutual recognition of
Article 7 is replaced by the following:                                 national technical specifications, by reference to
                                                                        other documents. In this case it is appropriate to
     'Article 7                                                         make reference in order of preference to:
    1.      The technical specifications defined in Annex II
    shall be given in the general documents or the
                                                                        1. national standards implementing international
    contractual documents relating to each contract.
                                                                            standards accepted in the country of the
                                                                            contracting authority;
    2.      Without prejudice to the legally binding
    national technical rules in so far as these are
    compatible with Community law, such technical                       2. national standards of        the   country   of  the
    specifications shall be defined by the contracting                      contracting authority;
    authorities by reference to national standards im-
    plementing European standards, or by reference to
    common technical specifications.                                    3. any other standard.'
    3.      A contracting authority may make exceptions
    from paragraph 2 if:
                                                                        Article 7 (2) of the Directive becomes 7 (6).
    (a) the standards do not include provision for estab-
          lishing conformity, or technical means do not
          exist to establish satisfactorily conformity of a
          product to these standards;                                                        Article 10
    (b) the application of paragraph 2 would prejudice              Article 9 of the Directive is replaced by the following:
          the application of Council Directive 86/361/EEC
          of 24 July 1986 on the initial stage of the mutual
          recognition of type approval for telecommuni-                  Article 9
          cations terminal equipment ('), or Council
          Decision 87/95/EEC of 22 December 1986 on
         standardization in the field of information tech-              1.     The contracting authorities listed in Annex I to
         nology and telecommunications (2), or other                    Directive 80/767/EEC shall make known, as from
         Community instruments in specific service or                   1 January 1989, as soon as possible after the
         product areas;                                                 beginning of their budgetary year, by means of an
                                                                        indicative notice, the total procurement by product
    (c) use of these standards would oblige the contracting             area of which the estimated value, taking into
          authority to acquire supplies incompatible with               account the provisions of Article 5, is equal or
          equipment already in use or would entail dispro-              greater than 750 000 ECU and which they envisage
         portionate costs or disproportionate technical diffi-          awarding during the coming 12 months.
          culties, but only as part of a clearly defined and
          recorded strategy with a view to change over,
          within a determined period, to European standards            The Council, acting on a proposal from the
          or common technical specifications;                           Commission and after consulting the European
                                                                        Parliament and the Economic and Social Committee,
                                                                        shall decide before 1 March 1990 on the extension of
(') OJ No L 217, 5. 8. 1986, p. 21.                                     this obligation to the other contracting authorities
O OJ No L 36, 7. 2. 1987, p. 31.                                        covered by Article 1.
 ---pagebreak--- No C 65/10                            Official Journal of the European Communities                                  10. 3. 88
   2.     Contracting authorities who wish to award a                shall not be greater than one page of the Journal,
  public supply contract by open, restricted, or nego-               that is to say approximately 650 words. Each edition
   tiated procedure within the meaning of Article 1 shall            of the Official Journal of the European Communities
   make known their intention by means of a notice.                  which contains one or more notices shall reproduce
                                                                     the model notice or notices on which the published
   3.     Contracting authorities who have awarded a                 notice or notices are based.'
   contract shall make known the result by means of a
   notice. However, on a contract-by-contract basis,
   certain information on the contract award may not                                        Article 11
  be published where release of such information                 Article 10 (1) is replaced by the following:
  would impede law enforcement or otherwise be
  contrary to the public interest or would prejudice the             '1.     In open procedures the time limit for the
   legitimate commercial interest of particular enter-               receipt of tenders fixed by the contracting authorities
  prises, public or private, or might prejudice fair                 shall not be less than 52 days from the date of
  competition between suppliers.                                     dispatch of the notice.'
  4.     The notices referred to in paragraphs 1, 2 and 3
  shall be sent as rapidly as possible by the most appro-                                   Article 12
  priate channels to the Office for Official Publications
                                                                 Article 11 (1), (2) and (3) is replaced by the following:
  of the European Communities. In the case of the
  accelerated procedure referred to in Article 12 the                '1.     In restricted procedures within the meaning of
  notice shall be sent by telex, telegram or telecopier.             Article 1 (e) and negotiated procedures within the
                                                                     meaning of Article 1 (f) the time limit for the receipt
   (a) The notice referred to in paragraph 1 shall be
                                                                     of requests to participate fixed by the contracting
        sent as soon as possible after the beginning of
                                                                     authorities shall not be less than 37 days from the
        each budgetary year;
                                                                     date of dispatch of the written invitation.
   (b) the notice referred to in paragraph 3 shall be sent
        at the latest 48 days after the award of the                 2.     The contracting authorities shall simultaneously
        contract in question.                                        and in writing invite all successful candidates to
                                                                     submit their tenders. The letter of invitation shall be
                                                                     accompanied by the contract documents and
  5.     The notices shall be drawn up in accordance
                                                                     supporting documents.
  with the models given in Annex III.
                                                                     3.     In restricted procedures the time limit for
  6.     The notices shall be published in full in the
                                                                     receipt of offers fixed by the contracting authorities
   Official Journal of the European Communities and in
                                                                     may not be less than 40 days from the date of
  the data bank TED in their original language. A
                                                                     dispatch of the written invitation.'
  summary of the important elements of each notice
  shall be published in the other official languages of
  the Community, the original text alone being                                              Article 13
  authentic.
                                                                Article 12 (1) is replaced by the following:
  The Office for Official Publications of the European
  Communities shall publish the notices not later than               '1.     Where urgency renders impracticable the time
   12 days after their dispatch. In the case of the accel-           limits referred to in Article 11, the contracting auth-
  erated procedure referred to in Article 12 this period             orities may fix the following time limits:
  shall be reduced to five days.
                                                                     (a) a time limit for the receipt of requests to
                                                                          participate which shall not be less than 15 days
  7.     The notice shall, not be published in the Official
                                                                          from the date of dispatch of the notice;
  Journal of the European Communities or the press of
  the country of the contracting authority before the                (b) a time limit for the receipt of tenders which shall
  date of its dispatch and it shall mention the latter                    not be less than 10 days from the date of the
  date. This publication shall not contain information                    invitation to tender.'
  other than that published in the Official Journal of the
  European Communities.
                                                                                            Article 14
  8.     The contracting authorities must be able to
  supply proof of the date of dispatch.                         Articles 13, 14 and 15 are deleted.
  9.     The cost of publication of the notices in the                                      Article 15
   Official Journal of the European Communities shall be
  borne by the Communities. The length of the notice            Articles 16, 17 and 18 become Articles 13, 14 and 15.
 ---pagebreak--- 10. 3. 88                                   Official Journal of the European Communities                               No C 65/11
                            Article 16                                     2.     Paragraph 1 shall be without prejudice to any
                                                                           initiative on the part of the Commission, notably in the
Article 19 becomes Article 16.                                             context of Articles 130A to E of the Treaty, or with a
                                                                           view to prolonging existing national measures in the
Article 16 (1) is replaced by the following:                               context of a Community policy having the objective
                                                                           specified in that paragraph.
    '1.     In restricted and negotiated procedures the
    contracting authorities shall, on the basis of infor-
    mation given relating to the supplier's personal                       3.     This Article shall be without prejudice to Article
    position as well as to the information and formalities                 25(4).'
    necessary for the evaluation of the minimal
    conditions of an economic and technical nature to be
    fulfilled by him, select from among the candidates
    with the qualifications required by Articles 14 to 18                                        Article 20
    those whom they will invite to submit a tender or to
    negotiate.'                                                        Articles 27 and 28 become Articles 24 and 25.
                             Article 17
                                                                                                 Article 21
Article 20 becomes Article 17.
                                                                       Article 29 becomes Article 26, and is replaced by the
In paragraph 1, a new subparagraph (e) is inserted:                    following:
    '(e) is distorting competition to its economic advantage
           by its failure to comply with the statutory obli-                Article 26
          gations of the country in which it is established,
           relating to health and safety at work and equal
           opportunities for women, the handicapped and                    1.     In order to allow assessment of the results of
           racial or religious minorities.'                                applying this Directive, Member States shall
                                                                           communicate a statistical report to the Commission
Subparagraphs (e), (f) and (g) become (f), (g) and (h).                    relative to contract awards:
Paragraph 2 is replaced by the following:
                                                                           (a) not later than 31 October of each year for the
    '2.     Where the contracting authority requires of the                     preceding year in respect of the contracting auth-
    supplier proof that none of the cases quoted in (a),                        orities listed in Annex I to              Directive
    (b), (c), (e), (f) or (g) of paragraph 1 applies to him,                    80/767/EEC;
    it shall accept as sufficient evidence:
    — first indent unchanged,                                              (b) not later than 31 October 1991 and for the
                                                                                Hellenic Republic, the Kingdom of Spain and the
    — for (e), (f) or (g) . . . '(rest unchanged).                              Portuguese Republic, 31 October 1995, and
                                                                                henceforth the 31 October of each second year
                                                                                for the preceding year in respect of contracting
                             Article 18
                                                                                authorities within the meaning of Article 1 of this
Articles 21 to 25 become Articles 18 to 22.                                     Directive excluding those listed in Annex I to
                                                                                Directive 80/767/EEC.
                             Article 19
                                                                           2.     This report shall detail at least:
Article 26 becomes Article 23, and is replaced by the
following:
                                                                           (a) the number and value of contracts awarded by
     Article 23                                                                 each contracting authority above the threshold
                                                                                and, in the case of contracting authorities
     1.     This Directive shall not prevent, until 31                          mentioned in Annex I to Directive 80/767/EEC,
     December 1992, the application of existing national                        the value below the threshold;
    provisions which have as their objective the reduction
     of regional disparities and the promotion of job creation
     in regions whose development is lagging behind and in                 (b) the number and value of contracts awarded by
     declining industrial regions, on condition that the                        each contracting authority above the threshold,
    provisions concerned are compatible with the Treaty                         subdivided by procedure, product and the
     and with the Community's international obligations.                        nationality of the supplier to whom the contract
 ---pagebreak--- No C 65/12                                    Official Journal of the European Communities                                10. 3. 88
         has been awarded, and in the case of negotiated                                          TITLE II
         procedures, subdivided in accordance with
         Article 6, listing the number and value of the                   Deletion of certain provisions of Directive 80/767/EEC
         contracts awarded to each Member State and to
         third countries and in the case of Directive                                             Article 25
         80/767/EEC, the number and value of the
         contracts awarded to each signatory of the                      Articles 2, 3, 4, 5 and 6 of Directive SO/767 are deleted.
         GATT Agreement on Government procurement.
    3.     The Commission shall determine the nature of                                           TITLE III
    any additional statistical information, which is
    requested in accordance with this Directive, in                                            Final provisions
    consultation with the Advisory Committee for Public
    Contracts.'
                                                                                                  Article 26
                             Article 22                                   Member States shall adopt the measures necessary to
                                                                          comply with this Directive by 1 March 1988 and shall
A new Article 27 is inserted:                                             forthwith inform the Commission thereof.
     'Article 27                                                          However, with regard to the Hellenic Republic, the
                                                                          Kingdom of Spain and the Portuguese Republic, 1
     The Council, on a proposal from the Commission and                   March 1988 is replaced by 1 March 1992.
    after consulting the European Parliament, shall not later
    than 31 December 1988 lay down provisions for appro-
    priate monitoring and measures to ensure compliance                                           Article 27
    with this Directive.'
                                                                          Member States shall ensure that the texts of the basic
                                                                          provisions of domestic law, whether laws, regulations or
                             Article 23
                                                                          administrative provisions, which they adopt to comply
Articles 31 and 32 become Articles 28 and 29.                             with this Directive, are communicated to the
                                                                          Commission.
                             Article 24
                                                                                                  Article 28
Annexes /, II and III of the Directive are replaced by the
Annexes to this Directive.                                                This Directive is addressed to the Member States.
                                                                  ANNEX I
               List of legal persons governed by public law and bodies corresponding thereto referred to in Article 1 (b)
                   I. IN ALL MEMBER STATES
                      associations governed by public law or bodies corresponding thereto formed by regional or local
                      authorities, e.g. 'associations de communes', 'Gemeindeverbande', etc.
                  II. IN GERMANY
                      The 'bundesunmittelbaren Korperschaften, Anstalten und Stiftungen des offentlichen Rechts', the
                      'landesunmittelbaren Kdrperschaften, Anstalten und Stiftungen des offentlichen Rechts' subject to
                      State budgetary supervision.
                 III. IN BELGIUM
                      — 'le Fonds des Routes 1955—1969' — 'het Wegenfonds',
                      — la Regie des Voies Aeriennes' — 'de Regie der luchtwegen',
                      — public social assistance centres,
                      — church councils,
                      — TOffice Regulateur de la Navigation Interieure' — 'de Dienst voor regeling van de binnenvaart',
 ---pagebreak--- 10. 3. 88                               Official J o u r n a l of the E u r o p e a n Communities                          N o C 65/13
                — 'la Regie des services frigorifiques de l'Etat beige' — 'de Regie der Belgische Rijkskoel- en Vries-
                    diensten'.
           IV. IN DENMARK
                'andre forvaltningssubjekter'.
            V. IN FRANCE
                — administrative public bodies at national, departmental and local levels,
                — universities, public scientific and cultural bodies and other establishments as defined by the Law
                    setting out guidelines for Higher Education No 68-978 of 12 November 1968.
           VI. IN IRELAND
                other public authorities whose public supply contracts are subject to control by the State.
          VII. IN ITALY
                — State universities, State university institutes, consortia for university development works,
                — higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological
                     observatories,
                — the 'Enti di riforma fondiaria',
                — welfare and benevolent institutes of all kinds.
          VIII. IN GREECE
                 other legal persons governed by public law whose public supply contracts are subject to State control.
           IX. IN LUXEMBOURG
                public bodies subject to control by the Government, by an association of municipal corporations or
                by a municipal corporation.
            X. IN T H E NETHERLANDS
                — the 'Waterschappen',
                — the 'instellingen van wetenschappelijk onderwijs vermeld in Article 15 van de Wet of het Weten-
                     schappelijk Onderwijs (I960)', the 'academische ziekenhuizen',
                — the 'Nederlandse Centrale Organisatie voor toegepast natuurwetenschappelijk                    Onderzoek
                     (TNO)' and its dependent organizations.
           XI. IN SPAIN
                other legal persons subject to public rules for the award of contracts.
          XII. IN PORTUGAL
                legal persons governed by public law whose public supply contracts are subject to State control.
 ---pagebreak--- N o C 65/14                               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                10. 3. 88
            XIII. IN T H E UNITED K I N G D O M
                   — Education Authorities,
                   — Fire Authorities,
                   — National Health Service Authorities,
                   — Police Authorities,
                  — Commission for the New Towns,
                  -— New Towns Corporations,
                  — Scottish Special Housing Association,
                  — Northern Ireland Housing Executive.
                                                                   ANNEX      II
                                              Definition of certain technical specifications
            Within the meaning of the present Directive the following terms shall be defined as follows:
            1. technical specification: the totality of the technical prescriptions contained in particular in the tender
               documents defining the characteristics required of a product such as levels of quality, performance,
               safety or dimensions, including the requirements applicable to the product as regards terminology,
               symbols, testing and test methods, packaging, marking or labelling which permit a material, a product,
               or a supply to be described objectively in a manner such that it fulfills the use for which it is intended by
               the contracting authority;
            2. standard: a technical specification approved by a recognized standardizing body for repeated and
               continuous application, compliance with which is in principle not compulsory;
            3. European standard: a standard approved by the European Committee for Standardization (CE'N) or by
               the European Committee for Electrotechnical Standardization (CENELEC) as 'European Standards
               (EN)' or 'Harmonization Documents (HD)' according to the common rules of these organizations;
            4. Common technical specification: a technical specification drawn up with a view to uniform application in
               all Member States of the Community.
 ---pagebreak--- 10. 3. 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       N o C 65/15
                                                               ANNEX       III
                                       MODEL NOTICES OF SUPPLY CONTRACTS
                                                           A. Open procedures
           1. The name, address, telephone, telegraphic, telex, telecopier numbers of the contracting authority:
           2. The award procedure chosen:
           3. (a) Place of delivery:
              (b) Nature and quantity of the goods to be supplied:
              (c) Indication whether the suppliers can tender for some and/or all of the goods required:
           4. Time limit for delivery:
           5. (a) Name and address of the service where the relevant documents may be requested:
              (b) Final date for making such requests:
              (c) Where applicable, the amount and terms of payment of any sum payable for such documents:
           6. (a) Final date for receipt of tenders:
              (b) The address to which they must be sent:
              (c) The language or languages in which they must be drawn up:
           7. (a) The persons authorized to be present at the opening of tenders:
              (b) The date, hour and place of this opening:
           8. (Where applicable) Any deposits and guarantees required:
           9. The main terms concerning financing and payment and/or references to the provisions regulating
              these:
          10. Where applicable the legal form to be taken by the grouping of suppliers winning the contract:
          11. The information and formalities necessary for an appraisal of the minimum economic and technical
              standards required of the supplier:
          12. The period during which the tenderer is bound to keep open his tender:
          13. The criteria for the award of the contract. Criteria other than that of the lowest price shall be
              mentioned if they do not appear in the contract documents:
          14. Other information:
          15. Date of dispatch of the notice:
          16. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- N o C 65/16                             Official J o u r n a l of the E u r o p e a n Communities                     10. 3. 88
                                                         B. Restricted procedure
             1. The name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority:
             2. (a) The award procedure chosen:
                (b) Reason for the use of the restricted procedure:
                (c) Where applicable, justification for the use of the accelerated procedure:
             3. (a) The place of delivery:
                (b) The nature and quantity of goods to be delivered:
                (c) Whether the supplier can tender for some and/or all of the goods required:
             4. Any time limit on delivery:
             5. Where applicable, the legal form to be assumed by the grouping of suppliers winning the contract:
             6. (a) The final date for the receipt of requests to participate:
                (b) The address to which they must be sent:
                (c) The language or languages in which they must be drawn up:
             7. The final date for the dispatch of invitations to tender:
             8. Information concerning the supplier's own position, and the information and formalities necessary for
                an appraisal of the minimum economic and technical standards required of him:
             9. The criteria for the award of the contract if these are not stated in the invitation to tender:
            10. Other information:
            11. Date of dispatch of the notice:
            12. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- 10. 3. 88                               Official J o u r n a l of the E u r o p e a n Communities                   N o C 65/17
                                                        C. Negotiated Procedure
            1. Name, address, telephone, telegraphic, telex, telecopier numbers of the awarding authority:
           2. (a) Award procedure chosen:
               (b) Where applicable, justification of the use of the accelerated procedure:
           3. (a) The place of delivery:
               (b) The nature and quantity of goods to be delivered:
               (c) Whether the suppliers can tender for some and/or all of the goods required:
           4. Any time limit on delivery:
           5. Where applicable, the legal form to be assumed by a grouping of suppliers winning the contract:
           6. (a) Final date for the receipt of requests to participate:
               (b) Address to which they must be sent:
               (c) The language(s) in which they must be drawn up:
           7. Information concerning the situation of the supplier as well as the information and formalities
               necessary for the evaluation of the minimum economic and technical standards to be fulfilled by him:
           8. Where applicable, the names and addresses of suppliers already selected by the awarding authority:
           9. Date(s) of previous publications in the Official Journal of the European Communities:
          10. Other information:
          11. Date of dispatch of the notice:
          12. Date of receipt of the notice by the Publications Office:
                                                     D. Single Tender Procedure
          1. Name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority:
          2. (a) Award procedure chosen:
              (b) Justification for the use of the single tender procedure:
          3. (a) Place of delivery:
              (b) Nature and quantity of goods to be delivered:
          4. Name and address of the supplier:
          5. Invitation to other potential suppliers to present themselves to the award authority:
          6. Other information:
          7. Date of dispatch of the notice:
          8. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- N o C 65/18                             Official J o u r n a l of the E u r o p e a n Communities                   10. 3. 88
                                                             E. Pre-information
            1. Name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority and of
               the services from which additional information may be obtained:
            2. Nature and quantity or value of products to be supplied:
            3. Estimated date of the engagement of procedures for the award of the contract(s):
            4. Other information:
            5. Date of receipt of the notice:
            6. Date of receipt of the notice by the Publications Office:
                                                             F. Contract awards
             1. Name and address of awarding authority:
             2. Award procedure chosen:
             3. Date of award of contract:
             4. Criteria for award of contract:
             5. Number of offers received:
             6. Name and address of supplier(s):
             7. Nature and quantity of goods supplied, where applicable, by supplier:
             8. Price or range of prices:
             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 Publications Office: