Article 26 
Groupings of suppliers or contractors shall be permitted to tender or negotiate. The conversion of such groupings into a specific legal form shall not be required in order to submit a tender or to negotiate, but the grouping selected may be required so to convert itself once it has been awarded the contract where such conversion is necessary for the proper performance of the contract. Article 27 1. The criteria on which the contracting entities shall base the award of contracts shall be: (a)the most economically advantageous tender, involving various criteria depending on the contract in question, such as: delivery or completion date, running costs, cost-effectiveness, quality, aesthetic and functional characteristics, technical merit, after-sales service and technical assistance, commitments with regard to spare parts, security of supplies and price; or (b)the lowest price only. 2. In the case referred to in paragraph 1 (a), contracting entities shall state in the contract documents or in the tender notice all the criteria they intend to apply to the award, where possible in descending order of importance. 3. Where the criterion for the award of the contract is that of the most economically advantageous tender, contracting entities may take account of variants which are submitted by a tenderer and meet the minimum specifications required by the contracting entities. Contracting entities shall state in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation. Where variants are not permitted, they shall so indicate in the contract documents. 4. Contracting entities may not reject the presentation of a variant on the sole ground that it was drawn up on the basis of technical specifications defined with reference to European specifications or to national technical specifications recognized as complying with the essential requirements within the meaning of Directive 89/106/EEC. 5. If, for a given contract, tenders appear abnormally low in relation to the services, the contracting entity shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received. It may set a reasonable period within which to reply. The contracting entity may take into consideration explanations which are justified on objective grounds relating to the economy of the construction or production method, or the technical solutions chosen, or the exceptionally favourable conditions available to the tenderer for the execution of the contract, or the originality of the product or the work proposed by the tenderer. Contracting entities may reject tenders which are abnormally low owing to the receipt of State aid only if they have consulted the tenderer and if the tenderer has not been able to show that the aid in question has been notified to the Commission pursuant to Article 93 (3) of the Treaty or has received the Commission's approval. Contracting entities which reject a tender under these circumstances shall inform the Commission thereof. Article 28 1. Article 27 (1) shall not apply where a Member State bases the award of contracts on other criteria within the framework of rules in force at the time of adoption of this Directive whose aim is to give preference to certain tenderers provided the rules invoked are compatible with the Treaty. 2. Without prejudice to paragraph 1, this Directive shall not prevent, until 31 December 1992, the application of national provisions in force on the award of supply or works contracts which have as their objective the reduction of regional disparities and the promotion of job creation in disadvantaged regions or those suffering from industrial decline, provided that the provisions concerned are compatible with the Treaty and with the Community's international obligations. Article 29 1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries. 2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods(17), as last amended by Regulation (EEC) No 3860/87(18), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in the equipment of telecommunication networks shall be considered as products. 3. Subject to paragraph 4, where two or more tenders are equivalent in the light of the award criteria defined in Article 27, preference shall be given to the tenders which may not be rejected pursuant to paragraph 2. The prices of tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. 4. However, a tender shall not be preferred to another pursuant to paragraph 3 where its acceptance would oblige the contracting entity to acquire material having technical characteristics different from those of existing material, resulting in incompatibility or technical difficulties in operation and maintenance or disproportionate costs. 5. For the purposes, in this Article, of determining the proportion referred to in paragraph 2 of products originating in third countries, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account. 6. The Commission shall submit an annual report to the Council (for the first time in the second half of 1991) on progress made in multilateral or bilateral negotiations regarding access for Community undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The Council, acting by a qualified majority on a proposal from the Commission, may amend the provisions of this Article in the light of such developments.
Article 27 
1. The criteria on which the contracting entities shall base the award of contracts shall be: (a)the most economically advantageous tender, involving various criteria depending on the contract in question, such as: delivery or completion date, running costs, cost-effectiveness, quality, aesthetic and functional characteristics, technical merit, after-sales service and technical assistance, commitments with regard to spare parts, security of supplies and price; or (b)the lowest price only. 2. In the case referred to in paragraph 1 (a), contracting entities shall state in the contract documents or in the tender notice all the criteria they intend to apply to the award, where possible in descending order of importance. 3. Where the criterion for the award of the contract is that of the most economically advantageous tender, contracting entities may take account of variants which are submitted by a tenderer and meet the minimum specifications required by the contracting entities. Contracting entities shall state in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation. Where variants are not permitted, they shall so indicate in the contract documents. 4. Contracting entities may not reject the presentation of a variant on the sole ground that it was drawn up on the basis of technical specifications defined with reference to European specifications or to national technical specifications recognized as complying with the essential requirements within the meaning of Directive 89/106/EEC. 5. If, for a given contract, tenders appear abnormally low in relation to the services, the contracting entity shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received. It may set a reasonable period within which to reply. The contracting entity may take into consideration explanations which are justified on objective grounds relating to the economy of the construction or production method, or the technical solutions chosen, or the exceptionally favourable conditions available to the tenderer for the execution of the contract, or the originality of the product or the work proposed by the tenderer. Contracting entities may reject tenders which are abnormally low owing to the receipt of State aid only if they have consulted the tenderer and if the tenderer has not been able to show that the aid in question has been notified to the Commission pursuant to Article 93 (3) of the Treaty or has received the Commission's approval. Contracting entities which reject a tender under these circumstances shall inform the Commission thereof. Article 28 1. Article 27 (1) shall not apply where a Member State bases the award of contracts on other criteria within the framework of rules in force at the time of adoption of this Directive whose aim is to give preference to certain tenderers provided the rules invoked are compatible with the Treaty. 2. Without prejudice to paragraph 1, this Directive shall not prevent, until 31 December 1992, the application of national provisions in force on the award of supply or works contracts which have as their objective the reduction of regional disparities and the promotion of job creation in disadvantaged regions or those suffering from industrial decline, provided that the provisions concerned are compatible with the Treaty and with the Community's international obligations. Article 29 1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries. 2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods(17), as last amended by Regulation (EEC) No 3860/87(18), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in the equipment of telecommunication networks shall be considered as products. 3. Subject to paragraph 4, where two or more tenders are equivalent in the light of the award criteria defined in Article 27, preference shall be given to the tenders which may not be rejected pursuant to paragraph 2. The prices of tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. 4. However, a tender shall not be preferred to another pursuant to paragraph 3 where its acceptance would oblige the contracting entity to acquire material having technical characteristics different from those of existing material, resulting in incompatibility or technical difficulties in operation and maintenance or disproportionate costs. 5. For the purposes, in this Article, of determining the proportion referred to in paragraph 2 of products originating in third countries, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account. 6. The Commission shall submit an annual report to the Council (for the first time in the second half of 1991) on progress made in multilateral or bilateral negotiations regarding access for Community undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The Council, acting by a qualified majority on a proposal from the Commission, may amend the provisions of this Article in the light of such developments.
Article 28 
1. Article 27 (1) shall not apply where a Member State bases the award of contracts on other criteria within the framework of rules in force at the time of adoption of this Directive whose aim is to give preference to certain tenderers provided the rules invoked are compatible with the Treaty. 2. Without prejudice to paragraph 1, this Directive shall not prevent, until 31 December 1992, the application of national provisions in force on the award of supply or works contracts which have as their objective the reduction of regional disparities and the promotion of job creation in disadvantaged regions or those suffering from industrial decline, provided that the provisions concerned are compatible with the Treaty and with the Community's international obligations. Article 29 1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries. 2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods(17), as last amended by Regulation (EEC) No 3860/87(18), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in the equipment of telecommunication networks shall be considered as products. 3. Subject to paragraph 4, where two or more tenders are equivalent in the light of the award criteria defined in Article 27, preference shall be given to the tenders which may not be rejected pursuant to paragraph 2. The prices of tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. 4. However, a tender shall not be preferred to another pursuant to paragraph 3 where its acceptance would oblige the contracting entity to acquire material having technical characteristics different from those of existing material, resulting in incompatibility or technical difficulties in operation and maintenance or disproportionate costs. 5. For the purposes, in this Article, of determining the proportion referred to in paragraph 2 of products originating in third countries, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account. 6. The Commission shall submit an annual report to the Council (for the first time in the second half of 1991) on progress made in multilateral or bilateral negotiations regarding access for Community undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The Council, acting by a qualified majority on a proposal from the Commission, may amend the provisions of this Article in the light of such developments.
Article 29 
1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries. 2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods(17), as last amended by Regulation (EEC) No 3860/87(18), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in the equipment of telecommunication networks shall be considered as products. 3. Subject to paragraph 4, where two or more tenders are equivalent in the light of the award criteria defined in Article 27, preference shall be given to the tenders which may not be rejected pursuant to paragraph 2. The prices of tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. 4. However, a tender shall not be preferred to another pursuant to paragraph 3 where its acceptance would oblige the contracting entity to acquire material having technical characteristics different from those of existing material, resulting in incompatibility or technical difficulties in operation and maintenance or disproportionate costs. 5. For the purposes, in this Article, of determining the proportion referred to in paragraph 2 of products originating in third countries, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account. 6. The Commission shall submit an annual report to the Council (for the first time in the second half of 1991) on progress made in multilateral or bilateral negotiations regarding access for Community undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The Council, acting by a qualified majority on a proposal from the Commission, may amend the provisions of this Article in the light of such developments.
Article 30 
1. The value in national currencies of the thresholds specified in Article 12 shall in principle be revised every two years with effect from the date provided for in Directive 77/62/EEC as far as the thresholds for supply and software service contracts are concerned and from the date provided for in Directive 71/305/EEC as far as the threshold for works contracts are concerned. The calculation of such value shall be based on the average daily values of those currencies expressed in ecus over the 24 months terminating on the last day of October preceding the revision with effect from 1 January. The values shall be published in the Official Journal of the European Communities at the beginning of November. 2. The method of calculation laid down in paragraph 1 shall be examined pursuant to the provisions of Directive 77/62/EEC. Article 31 1. The Commission shall be assisted, as regards procurement by the contracting entities exercising an activity defined in Article 2 (2) (d), by a Committee of an advisory nature which shall be the Advisory Committee on Telecommunications Procurement. The Committee shall be composed of representatives of the Member States and chaired by a representative of the Commission. 2. The Commission shall consult this Committee on: (a)amendments to Annex X; (b)revision of the currency values of the thresholds; (c)the rules concerning contracts awarded under international agreements; (d)the review of the application of this Directive; (e)the procedures described in Article 32 (2) relating to notices and statistical accounts. Article 32 1. Annexes I to X shall be revised in accordance with the procedure laid down in paragraphs 3 to 7 with a view to ensuring that they fulfil the criteria of Article 2. 2. The conditions for the presentation, dispatch, reception, translation, keeping and distribution of the notices referred to in Articles 16, 17 and 18 and of the statistical reports provided for in Article 34 shall be established, for the purposes of simplification, in accordance with the procedure laid down in paragraphs 3 to 7. 3. The revised Annexes and the conditions referred to in paragraphs 1 and 2 shall be published in the Official Journal of the European Communities. 4. The Commission shall be assisted by the Advisory Committee for Public Contracts and, in the case of the revision of Annex X, by the Advisory Committee on Telecommunications Procurement provided for in Article 31 of this Directive. 5. The Commission representative shall submit to the Committee a draft of the decisions to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 6. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask for its position to be recorded in the minutes. 7. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. Article 33 1. Contracting entities shall keep appropriate information on each contract which shall be sufficient to permit them at a later date to justify decisions taken in connection with: (a)the qualification and selection of contractors or suppliers and award of contracts; (b)recourse to derogations from the use of European specifications in accordance with Article 13 (6); (c)use of procedures without prior call for competition in accordance with Article 15 (2); (d)non-application of Titles II, III and IV in accordance with the derogations provided for in Title I. 2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission if it so requests. Article 34 1. The Member States shall ensure that each year, in accordance with the arrangements to be laid down under the procedure provided for in Article 32 (3) to (7), the Commission receives a statistical report concerning the total value, broken down by Member State and each category of activity to which Annexes I to X refer, of the contracts awarded below the thresholds defined in Article 12 which would, if they were not below those thresholds, be covered by this Directive. 2. Arrangements shall be fixed in accordance with the procedure referred to in Article 32 to ensure that: (a)in the interests of administrative simplification, contracts of lesser value may be excluded, provided that the usefulness of the statistics is not jeopardized; (b)the confidential nature of the information provided is respected. Article 35 1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 31 
1. The Commission shall be assisted, as regards procurement by the contracting entities exercising an activity defined in Article 2 (2) (d), by a Committee of an advisory nature which shall be the Advisory Committee on Telecommunications Procurement. The Committee shall be composed of representatives of the Member States and chaired by a representative of the Commission. 2. The Commission shall consult this Committee on: (a)amendments to Annex X; (b)revision of the currency values of the thresholds; (c)the rules concerning contracts awarded under international agreements; (d)the review of the application of this Directive; (e)the procedures described in Article 32 (2) relating to notices and statistical accounts. Article 32 1. Annexes I to X shall be revised in accordance with the procedure laid down in paragraphs 3 to 7 with a view to ensuring that they fulfil the criteria of Article 2. 2. The conditions for the presentation, dispatch, reception, translation, keeping and distribution of the notices referred to in Articles 16, 17 and 18 and of the statistical reports provided for in Article 34 shall be established, for the purposes of simplification, in accordance with the procedure laid down in paragraphs 3 to 7. 3. The revised Annexes and the conditions referred to in paragraphs 1 and 2 shall be published in the Official Journal of the European Communities. 4. The Commission shall be assisted by the Advisory Committee for Public Contracts and, in the case of the revision of Annex X, by the Advisory Committee on Telecommunications Procurement provided for in Article 31 of this Directive. 5. The Commission representative shall submit to the Committee a draft of the decisions to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 6. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask for its position to be recorded in the minutes. 7. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. Article 33 1. Contracting entities shall keep appropriate information on each contract which shall be sufficient to permit them at a later date to justify decisions taken in connection with: (a)the qualification and selection of contractors or suppliers and award of contracts; (b)recourse to derogations from the use of European specifications in accordance with Article 13 (6); (c)use of procedures without prior call for competition in accordance with Article 15 (2); (d)non-application of Titles II, III and IV in accordance with the derogations provided for in Title I. 2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission if it so requests. Article 34 1. The Member States shall ensure that each year, in accordance with the arrangements to be laid down under the procedure provided for in Article 32 (3) to (7), the Commission receives a statistical report concerning the total value, broken down by Member State and each category of activity to which Annexes I to X refer, of the contracts awarded below the thresholds defined in Article 12 which would, if they were not below those thresholds, be covered by this Directive. 2. Arrangements shall be fixed in accordance with the procedure referred to in Article 32 to ensure that: (a)in the interests of administrative simplification, contracts of lesser value may be excluded, provided that the usefulness of the statistics is not jeopardized; (b)the confidential nature of the information provided is respected. Article 35 1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 32 
1. Annexes I to X shall be revised in accordance with the procedure laid down in paragraphs 3 to 7 with a view to ensuring that they fulfil the criteria of Article 2. 2. The conditions for the presentation, dispatch, reception, translation, keeping and distribution of the notices referred to in Articles 16, 17 and 18 and of the statistical reports provided for in Article 34 shall be established, for the purposes of simplification, in accordance with the procedure laid down in paragraphs 3 to 7. 3. The revised Annexes and the conditions referred to in paragraphs 1 and 2 shall be published in the Official Journal of the European Communities. 4. The Commission shall be assisted by the Advisory Committee for Public Contracts and, in the case of the revision of Annex X, by the Advisory Committee on Telecommunications Procurement provided for in Article 31 of this Directive. 5. The Commission representative shall submit to the Committee a draft of the decisions to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 6. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask for its position to be recorded in the minutes. 7. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. Article 33 1. Contracting entities shall keep appropriate information on each contract which shall be sufficient to permit them at a later date to justify decisions taken in connection with: (a)the qualification and selection of contractors or suppliers and award of contracts; (b)recourse to derogations from the use of European specifications in accordance with Article 13 (6); (c)use of procedures without prior call for competition in accordance with Article 15 (2); (d)non-application of Titles II, III and IV in accordance with the derogations provided for in Title I. 2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission if it so requests. Article 34 1. The Member States shall ensure that each year, in accordance with the arrangements to be laid down under the procedure provided for in Article 32 (3) to (7), the Commission receives a statistical report concerning the total value, broken down by Member State and each category of activity to which Annexes I to X refer, of the contracts awarded below the thresholds defined in Article 12 which would, if they were not below those thresholds, be covered by this Directive. 2. Arrangements shall be fixed in accordance with the procedure referred to in Article 32 to ensure that: (a)in the interests of administrative simplification, contracts of lesser value may be excluded, provided that the usefulness of the statistics is not jeopardized; (b)the confidential nature of the information provided is respected. Article 35 1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 33 
1. Contracting entities shall keep appropriate information on each contract which shall be sufficient to permit them at a later date to justify decisions taken in connection with: (a)the qualification and selection of contractors or suppliers and award of contracts; (b)recourse to derogations from the use of European specifications in accordance with Article 13 (6); (c)use of procedures without prior call for competition in accordance with Article 15 (2); (d)non-application of Titles II, III and IV in accordance with the derogations provided for in Title I. 2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission if it so requests. Article 34 1. The Member States shall ensure that each year, in accordance with the arrangements to be laid down under the procedure provided for in Article 32 (3) to (7), the Commission receives a statistical report concerning the total value, broken down by Member State and each category of activity to which Annexes I to X refer, of the contracts awarded below the thresholds defined in Article 12 which would, if they were not below those thresholds, be covered by this Directive. 2. Arrangements shall be fixed in accordance with the procedure referred to in Article 32 to ensure that: (a)in the interests of administrative simplification, contracts of lesser value may be excluded, provided that the usefulness of the statistics is not jeopardized; (b)the confidential nature of the information provided is respected. Article 35 1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 34 
1. The Member States shall ensure that each year, in accordance with the arrangements to be laid down under the procedure provided for in Article 32 (3) to (7), the Commission receives a statistical report concerning the total value, broken down by Member State and each category of activity to which Annexes I to X refer, of the contracts awarded below the thresholds defined in Article 12 which would, if they were not below those thresholds, be covered by this Directive. 2. Arrangements shall be fixed in accordance with the procedure referred to in Article 32 to ensure that: (a)in the interests of administrative simplification, contracts of lesser value may be excluded, provided that the usefulness of the statistics is not jeopardized; (b)the confidential nature of the information provided is respected. Article 35 1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 35 
1. Article 2 (2) of Directive 77/62/EEC is hereby replaced by the following: 2.This Directive shall not apply to: (a)contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive; (b)supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so requires. (*)OJ No L 297, 29. 10. 1990, p. 1. 2. Article 3 (4) and (5) of Directive 71/305/EEC is hereby replaced by the following: 4. This Directive shall not apply to contracts awarded in the fields referred to in Articles 2, 7, 8 and 9 of Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in water, energy, transport and telecommunications sectors (*) or fulfilling the conditions in Article 6 (2) of the said Directive. Article 36 Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 36 
Not later than four years after the application of this Directive, the Commission, acting in close cooperation with the Advisory Committee for Public Contracts, shall review the manner in which this Directive has operated and its field of application and, if necessary, make further proposals to adapt it, in the light of developments concerning in particular progress in market opening and the level of competition. In the case of entities exercising an activity defined in Article 2 (2) (d), the Commission shall act in close cooperation with the Advisory Committee on Telecommunications Procurement. Article 37 1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 37 
1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof. 2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993. Nevertheless, in the case of the Kingdom of Spain, 1 January 1993 shall be replaced by 1 January 1996. As regards the Hellenic Republic and the Portuguese Republic, 1 January 1993 shall be replaced by 1 January 1998. 3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States. Article 38 Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 38 
Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. Article 39 This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47
Article 39 
This Directive is addressed to the Member States. Done at Brussels, 17 September 1990. For the CouncilThe PresidentP. ROMITA (1)OJ No C 264, 16. 10. 1989, p. 22. (2)OJ No C 158, 26. 6. 1989, p. 258 and OJ No C 175, 16. 7. 1990, p. 78. (3)OJ No C 139, 5. 6. 1989, pp. 23 and 31. (4)OJ No L 185, 16. 8. 1971, p. 5. (5)OJ No L 210, 21. 7. 1989, p. 1. (6)OJ No L 13, 15. 1. 1977, p. 1. (7)OJ No L 127, 20. 5. 1988, p. 1. (8)OJ No L 374, 31. 12. 1987, p. 1. (9)OJ No L 374, 31. 12. 1987, p. 9. (10)OJ No L 374, 31. 12. 1987, p. 12. (11)OJ No L 374, 31. 12. 1987, p. 19. (12)OJ No L 40, 11. 2. 1989, p. 12. (13)OJ No L 185, 16. 8. 1971, p. 15. (14)OJ No L 13, 15. 1. 1977, p. 15. (15)OJ No L 217, 5. 8. 1986, p. 21. (16)OJ No L 36, 7. 2. 1987, p. 31. (17)OJ No L 148, 28. 6. 1968, p. 1. (18)OJ No L 363, 23. 12. 1987, p. 30. (19)OJ No L 298, 16. 11. 1984, p. 51. ANNEXES I:Production, transport or distribution of drinking water19 II:Production, transport or distribution of electricity22 III:Transport or distribution of gas or heat24 IV:Exploration for and extraction of oil or gas26 V:Exploration for and extraction of coal or other solid fuels26 VI:Contracting entities in the field of railway services30 VII:Contracting entities in the field of urban railway, tramway, trolley bus or bus services32 VIII:Contracting entities in the field of airport facilities35 IX:Contracting entities in the field of maritime or inland port or other terminal facilities37 X:Operation of telecommunications networks or provision of telecommunications services39 XI:List of professional activities as set out in the general industrial classification of economic activities within the European Communities41 XII:A.Open procedures42 B.Restricted procedures44 C.Negotiated procedures45 XIII:Notice on the existence of a qualification system46 XIV:Periodic information notice A.For supply contracts46 B.For works contracts46 XV:Notice on contracts awarded47