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Procedure file : Etat actuel du dossier

The information here reflects the current status of the procedure
Identification
Reference COD/2000/0117  
Title Procurement water, energy, transport and postal sectors: coordination of procedures for award, utilities directive
Legal Basis EC 047-p2 ; EC 095 ; EC 055  
Dossier of the committee CODE/5/19805
Subject(s) 2.10.02 public procurement
Stage reached Procedure ended
Stages
Stages Documents: references Dates
Source reference Equivalent references Votes and amendments Joint resolution of document of publication in Official Journal
Commission/Council: initial legislative document Summaries EC COM(2000)0276 C5-0368/2000         10/05/2000 C 029 30.01.2001, p. 0112 E
Committee of the Regions: opinion   CofR CDR0312/2000           13/12/2000 C 144 16.05.2001, p. 0023
EP: draft report by the committee responsible   EP PE298.408           05/04/2001  
EP: draft report by the committee responsible   EP PE298.408/REV           09/04/2001  
Economic and Social Committee: opinion, report   ESC CES0514/2001           26/04/2001 C 193 10.07.2001, p. 0001
EP: draft report by the committee responsible   EP PE298.408/RV2           21/06/2001  
Document annexed to the procedure Summaries EC COM(2001)0274           04/07/2001  
EP: decision of the committee responsible, 1st reading/single reading Summaries               16/10/2001  
EP: tabled legislative report, 1st reading or single reading   EP A5-0379/2001           16/10/2001  
EP: position, 1st reading or single reading Summaries EP T5-0011/2002           17/01/2002 C 271 07.11.2002, p. 0064-0293 E
Commission: modified legislative proposal Summaries EC COM(2002)0235 C5-0199/2002         06/05/2002 C 203 27.08.2002, p. 0183 E
Council: statement on common position   CSL 05807/2003           05/03/2003  
Council: common position Summaries CSL 12634/3/2002 C5-0142/2003         20/03/2003 C 147 24.06.2003, p. 0137-0258 E
Commission: communication on the common position Summaries EC SEC(2003)0365           25/03/2003  
EP: draft report by the committee responsible   EP PE332.525           15/05/2003  
EP: decision of the committee responsible, 2nd reading Summaries               17/06/2003  
EP: tabled legislative report, 2nd reading   EP A5-0245/2003           17/06/2003  
EP: position, 2nd reading Summaries EP T5-0313/2003           02/07/2003 C 074 24.03.2004, p. 0099-0445 E
Commission: opinion on the EP position at second reading Summaries EC COM(2003)0501 C5-0398/2003         14/08/2003  
EP: tabled legislative report, 3rd reading   EP A5-0008/2004           02/12/2003  
EP/Council: joint text   CSL/EP 3695/2003 C5-0608/2003         09/12/2003  
EP: legislative resolution, 3rd reading Summaries EP T5-0046/2004           29/01/2004 C 096 21.04.2004, p. 0020-0105 E
Final legislative act Summaries EU 32004L0017           31/03/2004 L 134 30.04.2004, p. 0001-0113
  Follow-up documents
Agents
European Parliament
Committee
Rapporteur / Co-rapporteurs   Previous
Political group Appointed
EP Delegation to Conciliation Committee (responsible)
Zappalà Stefano
PPE-DE
11/07/2003
European Commission and Council of the Union
European Commission DG Internal Market and Services Transmission date: 11/07/2000
Council of the Union
  Previous Councils
  Agriculture and Fisheries meeting: 2528 of: 29/09/2003
Links to other sources
European Commission PreLex
 
31/03/2004 - Final legislative act
PURPOSE : to coordinate the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
LEGISLATIVE ACT : Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
CONTENT : this Directive recasts Council Directive 93/38/EEC, and is based on the Court of Justice case-law, in particular case-law on award criteria, which clarifies the possibilities for the contracting entities to meet the needs of the public concerned, including in the environmental and/or social area. The main reasons for introducing rules coordinating procedures for the award of contracts in these sectors are as follows:
- the variety of ways in which national authorities can influence the behaviour of contracting entities, including participation in their capital and representation in the entities' administrative, managerial or supervisory bodies;
- the closed nature of the markets in which the contracting entities operate, due to the existence of special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the service concerned.
It should be noted that whilst Directive 93/38/EEC excluded from its scope purchases of voice telephony, telex, mobile telephone, paging and satellite services, this Directive includes the procurement of such telecommunications services within its scope. The main points of this legislation are as follows:
- in order to guarantee the opening up to competition of public procurement contracts awarded by entities operating in the water, energy, transport and postal services sectors, this Directive contains provisions for Community coordination of contracts above a certain value. Such coordination is based on the principle of equal treatment, of which the principle of non-discrimination is no more than a specific expression, the principle of mutual recognition, the principle of proportionality, as well as the principle of transparency;
- the Directive ensures that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. Member States must ensure that the participation of a body governed by public law as a tenderer in a procedure for the award of a contract does not cause any distortion of competition in relation to private tenderers;
- this Directive clarifies how the contracting entities may contribute to the protection of the environment, whilst ensuring the possibility of obtaining the best value for money for their contracts;
- in view of the diversity of works contracts, contracting entities may make provision for contracts for the design and execution of work to be awarded either separately or jointly. The decision to award contracts separately or jointly will be determined by qualitative and economic criteria, which may be defined by national law;
- works contracts and service contracts are both defined by the Directive. A contract may be considered to be a works contract only if its subject-matter specifically covers the execution ofactivities listed in Annex XII, even if the contract covers the provision of other services necessary for the execution of such activities. The method for calculating the estimated value of a works contract is prescribed. As regards service contracts, full application of the Directive is limited, for a transitional period, to contracts where its provisions will permit the full potential for increased cross-frontier trade to be realised. Contracts for other services will be monitored during this transitional period before a decision is taken on the full application of this Directive;
- in order to take account of the different circumstances obtaining in Member States, Member States may choose whether contracting entities use central purchasing bodies, dynamic purchasing systems or electronic auctions, as defined and regulated by the Directive;
- the Directive introduces a common procurement vocabulary.
DATE OF TRANSPOSITION : 31 January 2006
ENTRY INTO FORCE : 30 April 2004.
 
List of summaries
Summaries 29/12/2004 Commission/Council: follow-up document
Summaries 02/12/2004 EP/Council: Conciliation committee, results
Summaries 31/03/2004 Final legislative act
Summaries 29/01/2004 EP: legislative resolution, 3rd reading
Summaries 14/08/2003 Commission: opinion on the EP position at second reading
Summaries 02/07/2003 EP: position, 2nd reading
Summaries 17/06/2003 EP: decision of the committee responsible, 2nd reading
Summaries 25/03/2003 Commission: communication on the common position
Summaries 20/03/2003 Council: common position
Summaries 06/05/2002 Commission: modified legislative proposal
Summaries 17/01/2002 EP: position, 1st reading or single reading
Summaries 16/10/2001 EP: decision of the committee responsible, 1st reading/single reading
Summaries 04/07/2001 Document annexed to the procedure
Summaries 30/05/2001 Council's activities
Summaries 10/05/2000 Commission/Council: initial legislative document
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