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 Index 
Texts adopted
Thursday, 17 January 2002 - StrasbourgFinal edition
Ozone in ambient air ***III
 Sixth Community Environment Action Programme ***II
  Resolution
  Consolidated text
 Maximum authorised dimensions and weights in certain road vehicles ***II
 Driver attestation ***II
 Award of public supply contracts, public service contracts and public works contracts ***I
  Resolution
  Consolidated text
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
 Procurement procedures of entities in water, energy and transport sectors ***I
  Resolution
  Consolidated text
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
 Training of professional drivers ***I
  Resolution
  Consolidated text
  Annex
 ACP/EC Partnership Agreement ***
 Integrated product policy
 Europe and Space
 Future of the common fisheries policy
 Stocks of cod and hake
 Environmental Protection Requirements and the Common Fisheries Policy
 Mutual recognition of financial penalties *
  Text
  Resolution
 Training and recruitment of seafarers

Ozone in ambient air ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive relating to ozone in ambient air (PE-CONS 3658/2001 - C5-0524/2001 – 1999/0068(COD))
P5_TA(2002)0006 A5-0454/2001

(Codecision procedure: third reading)

The European Parliament ,

–   having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2001 – C5-0524/2001 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1999) 125 (2) ),

–   having regard to the amended Commission proposal (COM(2000)613 (3) ),

–   having regard to its position at second reading(4) on the Council common position(5) ,

–   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2001) 476 - C5-0377/2001 ),

–   having regard to Article 251(5) of the EC Treaty,

–   having regard to Rule 83 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A5-0454/2001 ),

1.   Approves the joint text;

2.   Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.   Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

4.   Instructs its President to forward this legislative resolution to the Council and Commission.

(1) OJ C 377, 29.12.2000, p. 154.
(2) OJ C 56 E, 29.2.2000, p. 40.
(3) OJ C 29 E, 30.1.2001, p. 291.
(4) Texts Adopted, 13.6.2001, Item 5.
(5) OJ C 126, 26.04.2001, p.1.


Sixth Community Environment Action Programme ***II
Resolution
Consolidated text
European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council Decision laying down the Sixth Community Environment Action Programme (11076/1/2001 – C5-0434/2001 – 2001/0029(COD))
P5_TA(2002)0007 A5-0456/2001

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (11076/1/2001 – C5-0434/2001 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2001) 31 (2) ),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 80 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0456/2001 ),

1.   Amends the common position as follows;

2.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at second reading on 17 January 2002 with a view to the adoption of European Parliament and Council Decision No .../…/EC laying down the Sixth Community Environment Programme

P5_TC2-COD(2001)0029


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(3),

Having regard to the proposal from the Commission(3) ,

Having regard to the Opinion of the Economic and Social Committee(4) ,

Having regard to the opinion of the Committee of the Regions(5) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(6) ,

Whereas:

(1)   A clean and healthy environment is essential for the well-being and prosperity of society, yet continued growth at a global level will lead to continuing pressures on the environment.

(2)    The Community's fifth environmental action programme "Towards Sustainability" ended on 31 December 2000 having delivered a number of important improvements .

(3)    Co ntinued effort is required in order to meet the environmental objectives and targets already established by the Community and there is a need for the Sixth Environmental Action Programme (the "Programme") set out in this Decision.

(4)    A number of serious environmental problems persist and new ones are emerging which require further action.

(5)   Greater focus on prevention and the implementation of the precautionary principle is required in developing an approach to protect human health and the environment.

(6)    A prudent use of natural resources and the protection of the global eco-system together with economic prosperity and a balanced social development are a condition for sustainable development.

(7)    The Programme aims at a high level of protection of the environment and human health and at a general improvement in the environment and quality of life, indicates priorities for the environmental dimension of the Sustainable Development Strategy and should be taken into account when bringing forward actions under the Strategy.

(8)   The Programme aims to achieve a decoupling of environmental pressures and economic growth whilst being consistent with the principle of subsidiarity and respecting the diversity of conditions across the various regions of the European Union.

(9)    The Programme establishes environmental priorities for a Community response focusing in particular on climate change, nature and biodiversity, environment and health and quality of life, and natural resources and wastes.

(10)    For each of these areas key objectives and certain targets are indicated and a number of actions are identified with a view to achieving the said targets. These objectives and targets constitute performance levels or achievements to be aimed at.

(11)   The objectives, priorities and actions of the Programme should contribute to sustainable development in the candidate countries and endeavour to ensure the protection of the natural assets of these countries.

(12)   Legislation remains central to meeting environmental challenges and full and correct implementation of the existing legislation is a priority. Other options for achieving environmental objectives should also be considered.

(13)   The Programme should promote the process of integration of environmental concerns into all Community policies and activities in line with Article 6 of the Treaty in order to reduce the pressures on the environment from various sources.

(14)   A strategic integrated approach, incorporating new ways of working with the market, involving citizens, enterprises and other stakeholders is needed in order to induce necessary changes in both production and public and private consumption patterns that influence negatively the state of, and trends in, the environment. This approach should encourage sustainable use and management of land and sea.

(15)   Provision for access to environmental information and to justice and for public participation in policy-making will be important to the success of the Programme.

(16)   Thematic strategies will consider the range of options and instruments required for dealing with a series of complex issues that require a broad and multi-dimensional approach and will propose the necessary actions, involving where appropriate the European Parliament and the Council.

(17)   There is scientific consensus that human activity is causing increases in concentrations of greenhouse gases, leading to higher global temperatures and disruption to the climate.

(18)   The implications of climate change for human society and for nature are severe and necessitate mitigation. Measures to reduce emissions of greenhouse gases can be implemented without a reduction in levels of growth and prosperity.

(19)   Regardless of the success of mitigation, society needs to adapt to and prepare for the effects of climate change.

(20)   Healthy and balanced natural systems are essential for supporting life on the planet.

(21)   There is considerable pressure from human activity on nature and biodiversity. Action is necessary to counteract pressures arising notably from pollution, the introduction of non-native species, potential risks from releasing genetically modified organisms and the way in which the land and sea are exploited.

(22)   Soil is a finite resource that is under environmental pressure.

(23)   Despite improvements in environmental standards, there is increased likelihood of a link between environmental degradation and certain human illnesses. Therefore the potential risks arising, for example, from emissions and hazardous chemicals, pesticides, and from noise should be addressed.

(24)    Greater knowledge is required of the potential negative impacts arising from the use of chemicals and the responsibility for generating knowledge should be placed on producers, importers and downstream users.

(25)   Chemicals that are dangerous should be substituted by safer chemicals or safer alternative technologies not entailing the use of chemicals, with the aim of reducing risks to man and the environment.

(26)   A sustainable use of pesticides should take place in a way to minimise negative impacts on human health and the environment.

(27)   The urban environment is home to some 70% of the population and concerted efforts are needed to ensure a better environment and quality of life in towns and cities.

(28)   There is a limited capacity of the planet to meet the increasing demand for resources and to absorb the emissions and waste resulting from their use and there is evidence that the existing demand exceeds the carrying capacity of the environment in several cases.

(29)   Waste volumes in the Community continue to rise, a significant quantity of these being hazardous, leading to loss of resources and to increased pollution risks.

(30)   Economic globalisation means that environmental action is increasingly needed at international level, including on transport policies, requiring new responses from the Community linked to policy related to trade, development and external affairs enabling the pursuit of sustainable development in other countries. Good governance should make a contribution to this end.

(31)   Trade, international investment flows and export credits should make a more positive contribution to the pursuit of environmental protection and sustainable development.

(32)   Environmental policy-making, given the complexities of the issues, should be based on best available scientific and economic assessment, and on knowledge of the state and trends of the environment, in line with Article 174 of the Treaty.

(33)   Information to policy-makers, stakeholders and the general public should be relevant, transparent, up to date and easily understandable.

(34)   Progress towards meeting environmental objectives should be measured and evaluated.

(35)   Based on an assessment of the state of the environment, taking account of the regular information provided by the European Environment Agency, a review of progress and an assessment of the need to change orientation should be made at the mid-term point of the Programme,

HAVE DECIDED AS FOLLOWS:

Article 1

Scope of the Programme

1.    This Decision establishes a programme of Community action on the environment (hereinafter referred to as the "Programme"). It addresses the key environmental objectives and priorities based on an assessment of the state of the environment and of prevailing trends including emerging issues that require a lead from the Community. The Programme shall promote the integration of environmental concerns in all Community policies and contribute to the achievement of sustainable development throughout the current and future enlarged Community. The Programme furthermore provides for continuous efforts to achieve environmental objectives and targets already established by the Community.

2.   The Programme sets out the key environmental objectives to be attained. It establishes, where appropriate, targets and timetables. The objectives and targets should be fulfilled before expiry of the Programme, unless otherwise specified.

3.   The Programme shall cover a period of ten years starting from   *(7) . Appropriate initiatives in the different policy areas with the aim of meeting the objectives shall consist of a range of measures including legislation and the strategic approaches outlined in Article 3. These initiatives should be presented progressively and at the latest by four years after the adoption of this Decision.

4.   The objectives respond to the key environmental priorities to be met by the Community in the following areas:

   climate change;
   nature and biodiversity;
   environment and health and quality of life;
   natural resources and wastes.

Article 2

Principles and overall aims

1.   The Programme constitutes a framework for the Community's environmental policy during the period of the Programme with the aim of ensuring a high level of protection, taking into account the principle of subsidiarity and the diversity of situations in the various regions of the Community, and of achieving a decoupling of environmental pressures and economic growth. It shall be based particularly on the polluter-pays principle, the precautionary principle and preventive action, and the principle of rectification of pollution at source.

The Programme shall form the most important environmental dimension of the European Union Sustainable Development Strategy and contribute to the integration of the environment into all Community policies inter alia by setting out environmental priorities for the Strategy.

2.  The Programme aims at:

   emphasising climate change as an outstanding challenge of the next 10 years and beyond and contributing to the long-term objective of stabilising greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Thus a long-term objective of a maximum global temperature increase of 2° Celsius over pre-industrial levels and a CO2 concentration below 550 ppm shall guide the Programme. In the longer term this is likely to require a global reduction in emissions of greenhouse gases by 70% as compared to 1990 as identified by the Intergovernmental Panel on Climate Change (IPCC);
   protecting, conserving, restoring and developing the functioning of natural systems, natural habitats, wild flora and fauna with the aim of halting desertification and the loss of biodiversity, including diversity of genetic resources, both in the European Union and on a global scale;
   contributing to a high level of quality of life and social well-being for citizens by providing an environment where the level of pollution does not give rise to harmful effects on human health and the environment and by encouraging a sustainable urban development;
   better resource efficiency and resource and waste management to bring about more sustainable production and consumption patterns, thereby decoupling the use of resources and the generation of waste from the rate of economic growth and aiming to ensure that the consumption of renewable and non-renewable resources does not exceed the carrying capacity of the environment.

3.   The Programme shall ensure that environmental objectives, which should focus on the environmental outcomes to be achieved, are met by the most effective and appropriate means available, in the light of the principles set out in paragraph 1 and the strategic approaches set out in Article 3. Full consideration shall be given to ensuring that the Community's environmental policy-making is undertaken in an integrated way and to all available options and instruments, taking into account regional and local differences, as well as ecologically sensitive areas, with an emphasis on:

   developing European initiatives to raise the awareness of citizens and local authorities;
   extensive dialogue with stakeholders, raising environmental awareness and public participation;
   analysis of benefits and costs, taking into account the need to internalise environmental costs;
   the best available scientific evidence, and the further improvement of scientific knowledge through research and technological development;
   data and information on the state and trends of the environment.

4.   The Programme shall promote the full integration of environmental protection requirements into all Community policies and actions by establishing environmental objectives and, where appropriate, targets and timetables to be taken into account in relevant policy areas.

Furthermore, measures proposed and adopted in favour of the environment should be coherent with the objectives of the economic and social dimensions of sustainable development and vice versa.

5.  The Programme shall promote the adoption of policies and approaches that contribute to the achievement of sustainable development in the countries which are candidates for accession ("Candidate Countries") building on the transposition and implementation of the acquis. The enlargement process should sustain and protect the environmental assets of the Candidate Countries such as wealth of biodiversity, and should maintain and strengthen sustainable production and consumption and land-use patterns and environmentally sound transport structures through:

   integration of environmental protection requirements into Community programmes including those related to development of infrastructure;
   promotion of transfer of clean technologies to the Candidate Countries;
   extended dialogue and exchange of experience with the national and local administrations in the Candidate Countries on sustainable development and preservation of their environmental assets;
   cooperation with civil society, environmental non-governmental organisations (NGOs) and business in the Candidate Countries to help raise public awareness and participation;
   encouraging international financing institutions and the private sector to support the implementation of and compliance with the environmental acquis in the Candidate Countries and to pay due attention to integrating environmental concerns into the activities of the economic sector.

6.   The Programme shall stimulate:

   the positive and constructive role of the European Union as a leading partner in the protection of the global environment and in the pursuit of a sustainable development;
   the development of a global partnership for environment and sustainable development;
   the integration of environmental concerns and objectives into all aspects of the Community's external relations.

Article 3

Strategic approaches to meeting environmental objectives

The aims and objectives set out in the Programme shall be pursued inter alia by the following means:

1.   Development of new Community legislation and amendment of existing legislation, where appropriate;

2.  Encouraging more effective implementation and enforcement of Community legislation on the environment and without prejudice to the Commission's right to initiate infringement proceedings. This requires:

   increased measures to improve respect for Community rules on the protection of the environment and addressing infringements of environmental legislation;
   promotion of improved standards of permitting, inspection, monitoring and enforcement by Member States;
   a more systematic review of the application of environmental legislation across the Member States;
   improved exchange of information on best practice on implementation including by the European Network for the Implementation and Enforcement of Environmental Law (IMPEL network) within the framework of its competencies;
   measures to combat environmental crime;

3.   Further efforts for integration of environmental protection requirements into the preparation, definition and implementation of Community policies and activities in the different policy areas are needed. Further efforts are necessary in different sectors including consideration of their specific environmental objectives, targets, timetables and indicators. This requires:

   ensuring that the integration strategies produced by the Council in different policy areas are translated into effective action and contribute to the implementation of the environmental aims and objectives of the Programme;
   consideration, prior to their adoption, of whether action in the economic and social fields contribute to and are coherent with the objectives, targets and time-frame of the Programme;
   establishing appropriate internal mechanisms in the Community institutions, taking full account of the need to promote transparency and access to information, to ensure that environmental considerations are fully reflected in Commission policy initiatives;
   regular monitoring, via relevant indicators, elaborated where possible on the basis of a common methodology for each sector, and reporting on the process of sectoral integration;
   further integration of environmental criteria into Community funding programmes without prejudice to existing ones;
   full and effective use and implementation of Environmental Impact Assessment and Strategic Environmental Assessment;
   that the objectives of the Programme should be taken into account in future financial perspective reviews of Community financial instruments;

4.   Promotion of sustainable production and consumption patterns by effective implementation of the principles set out in Article 2, to internalise the negative as well as the positive impacts on the environment through the use of a blend of instruments, including market-based and economic instruments. This requires, inter alia:

   establishing by 31 December 2003 a list of criteria allowing environmentally negative subsidies to be recorded, in order to draw up proposals for progressively eliminating the more negative subsidies;
   analysing the environmental efficiency of tradable environmental permits as a generic instrument and of emission trading with a view to promoting and implementing their use where feasible;
   promoting and encouraging the use of fiscal measures such as environment- related taxes and incentives at the relevant level and preferably at Community level ;
   promoting the integration of environmental protection requirements in standardisation activities;

5.   Improving collaboration and partnership with enterprises and their representative bodies and involving the social partners, consumers and their organisations, as appropriate, with a view to improving the environmental performance of enterprises and aiming at sustainable production patterns. This requires:

   promoting an integrated product policy approach throughout the Programme that will encourage the taking into account of environmental requirements throughout the life-cycle of products, and more widespread application of environmentally friendly processes and products;
   encouraging wider uptake of the Community's Eco-Management and Audit Scheme (EMAS)(8) and developing initiatives to encourage companies to publish rigorous and independently verified environmental or sustainable development performance reports;
   establishing a compliance assistance programme, with specific help for small and medium-sized enterprises;
   stimulating the introduction of company environmental performance award schemes;
   stimulating product innovation with the aim of greening the market, including through improved dissemination of results of the LIFE Programme(9) ;
   encouraging voluntary commitments or agreements to achieve clear environmental objectives, including setting out procedures in the event of non-compliance;

6.   To help ensure that individual consumers, enterprises and public bodies in their roles as purchasers, are better informed about the processes and products in terms of their environmental impact with a view to achieving sustainable consumption patterns. This requires:

   encouraging the uptake of eco-labels and other forms of environmental information and labelling that allow consumers to compare environmental performance between products of the same type;
   encouraging the use of reliable self-declared environmental claims and preventing misleading claims;
   promoting a green public procurement policy, allowing environmental characteristics to be taken into account and the possible integration of environmental life cycle, including the production phase, concerns in the procurement procedures while respecting Community competition rules and the internal market, with guidelines on best practice and starting a review of green procurement in Community institutions;

7.   To support environmental integration in the financial sector. This requires:

   considering a voluntary initiative with the financial sector, covering guidelines for the incorporation of data on environmental cost in company annual financial reports, and the exchange of best policy practices between Member States;
   calling on the European Investment Bank to strengthen the integration of environmental objectives and considerations into its lending activities in particular with a view to supporting a sustainable development of Candidate Countries;
   promoting integration of environmental objectives and considerations into the activities of other financial institutions such as the European Bank for Reconstruction and Development;

8.   To create a Community liability regime. This requires, inter alia, legislation on environmental liability .

9.  To improve collaboration and partnership with consumer groups and NGOs and promote better understanding of and participation in environmental issues amongst European citizens. This requires:

   ensuring access to information, participation and justice through early ratification of the Aarhus Convention(10) by the Community and by Member States;
   supporting the provision of accessible information to citizens on the state and trends of the environment in relation to social, economic and health trends;
   general raising of environmental awareness;
   developing general rules and principles for good environmental governance in dialogue processes;

10.   To encourage and promote effective and sustainable use and management of land and sea taking account of environmental concerns. This requires, while fully respecting the subsidiarity principle, the following:

   promoting best practice with respect to sustainable land-use planning, which takes account of specific regional circumstances with particular emphasis on the Integrated Coastal Zone Management programme;
   promoting best practices and supporting networks fostering the exchange of experience on sustainable development including urban areas, sea, coastline, mountain areas, wetlands and other areas of a sensitive nature;
   enhancing the use, increasing resources and giving broader scope for agri-environment measures under the common agricultural policy;
   encouraging Member States to consider using regional planning as an instrument for improving environmental protection for the citizen and promoting the exchange of experience on sustainable regional development, particularly in urban and densely populated areas.

Article 4

Thematic strategies

1.    Actions in Article 5 to 8 shall include the development of thematic strategies and the evaluation of existing strategies for priority environmental problems requiring a broad approach. These strategies should include an identification of the proposals that are required to reach the objectives set out in the Programme and the procedures foreseen for their adoption. These strategies shall take the form of a European Parliament and Council Decision to be adopted in accordance with the codecision procedure laid down in Article 251 of the Treaty.

2.   The thematic strategies may include approaches among those outlined in Article 3 and in Article 9 and relevant qualitative and quantitative environmental targets and timetables against which the measures foreseen can be measured and evaluated.

3.   The thematic strategies should be developed and implemented in close consultation with the relevant parties, such as NGOs, industry, other social partners and public authorities, while ensuring, as appropriate, consultation of Candidate Countries in this process.

4.   The thematic strategies shall be ready for implementation three years after the adoption of the Programme at the latest. The implementation of thematic strategies shall be included in the mid-term report in which the Commission evaluates the progress made in implementing the Programme .

5.   The Commission shall report annually to the European Parliament and the Council on the progress in the development and implementation of the strategies and on their effectiveness .

Article 5

Objectives and priority areas for action on tackling climate change

1.  The aims set out in Article 2 should be pursued by the following objectives:

   ratification and entering into force of the Kyoto Protocol to the United Nations framework Convention on climate change by 2002 and fulfilment of its commitment of an 8% reduction in emissions by 2008-12 compared to 1990 levels for the European Community as a whole, in accordance with the commitment of each Member State set out in the Council Conclusions of 16-17 June 1998;
   realisation by 2005 of demonstrable progress in achieving the commitments under the Kyoto Protocol;
   placing the Community in a credible position to advocate an international agreement on more stringent reduction targets for the second commitment period provided for by the Kyoto Protocol. This agreement should aim at cutting emissions significantly (by 1% per annum by 2020 compared with 1990 levels) and take into account the necessity to move towards a global equitable distribution of greenhouse gas emissions.

2.   These objectives shall be pursued by means inter alia of the following priority actions:

  (i) Implementing international climate commitments including the Kyoto Protocol by means of:
   (a) examining the results of the European Climate Change Programme and adopting effective common and coordinated policies and measures on its basis, as appropriate, for various sectors complementary to domestic actions in the Member States;
   (b) working towards the establishment of a Community framework for the development of effective CO2 emissions trading with the possible extension to other greenhouse gases;
   (c) improving monitoring of greenhouse gases  and of progress towards delivering Member States commitments made under the Internal Burden Sharing Agreement;
  (ii) Reducing greenhouse gas emissions in the energy sector:
   (a) undertaking as soon as possible an inventory and review of subsidies that counteract an efficient and sustainable use of energy with a view to gradually phasing them out;
   (b) encouraging renewable and lower carbon fossil fuels for power generation;
   (c) encouraging the use of renewable energy sources, including the use of incentives, including at the local level, with a view to meeting the indicative target of 12% of total energy use by 2010;
   (d) introducing incentives to increase Combined Heat and Power and implement measures aiming at doubling the overall share of Combined Heat and Power in the Community as a whole to 18% of the total gross electricity generation;
   (e) prevent and reduce methane emissions from energy production and distribution;
   (f) promoting energy efficiency;
  (iii) Reducing greenhouse gas emissions in the transport sector:
   (a) identifying and undertaking specific actions to reduce greenhouse gas emissions from aviation if no such action is agreed within the International Civil Aviation Organisation by 2002;
   (b) identifying and undertaking specific actions to reduce greenhouse gas emissions from marine shipping if no such action is agreed within the International Maritime Organisation by 2003;
   (c) encouraging a switch to more efficient and cleaner forms of transport including better organisation and logistics;
   (d) in the context of the EU target of an 8% reduction, stabilising CO 2 transport emissions by 2008-2012 as a first step;
   ( e ) identifying and undertaking further specific legislative action to reduce greenhouse gas emissions from motor vehicles including N2 O;
   ( f ) promoting the development and use of alternative fuels and of low-fuel-consuming vehicles with the aim of substantially and continually increasing their share;
   ( g ) promoting measures to reflect the full environmental costs in the price of transport;
   ( h ) decoupling economic growth and the demand for transport with the aim of reducing environmental impacts;
  (iv) Reducing greenhouse gas emissions in industrial production:
   (a) promoting eco-efficiency practices and techniques in industry;
   (b) developing means to assist SMEs to adapt, innovate and improve performance;
   (c) encouraging the development of more environmentally sound and technically feasible alternatives aiming at reducing emissions, phasing out the production where appropriate and feasible and reducing the use of industrial fluorinated gases HFCs (hydrofluorocarbons), PFCs (Perfluorocarbons) and SF6 (sulphur hexafluoride); establishing Community measures for the reduction of emissions of industrial greenhouse gases (HFC, PFC, SF 6 );
  (v) Reducing greenhouse gas emissions in other sectors:
   (a) promoting energy efficiency notably for heating, cooling and hot tap water in the design of buildings;
   (b) taking into account the need to reduce greenhouse gas emissions, as well as other environmental considerations, in the common agricultural policy and in the Community's waste management strategy;
  (vi) Using other appropriate instruments such as:
   (a) promoting the use of fiscal measures, including a timely and appropriate Community framework for energy taxation, to encourage a switch to more efficient energy use, cleaner energy and transport and to encourage technological innovation;
   (b) encouraging environmental agreements with industry sectors on greenhouse gas emission reductions;
   (c) ensuring climate change as a major theme of Community policy for research and technological development and for national research programmes.

3.   In addition to the mitigation of climate change, the Community should prepare for measures aimed at adaptation to the consequences of climate change, by:

   reviewing Community policies, in particular those relevant to climate change, so that adaptation is addressed adequately in investment decisions;
   encouraging regional climate modelling and assessments both to prepare regional adaptation measures such as water resources management, conservation of biodiversity, desertification and flooding prevention and to support awareness raising among citizens and business.

4.   It must be ensured that the climate challenge is taken into account in the Community's enlargement. This will require, inter alia, the following actions with Candidate Countries:

   supporting capacity building, for the application of domestic measures for the use of the Kyoto mechanisms and improved reporting and emission monitoring;
   supporting a more sustainable transport and energy sector;
   ensuring that cooperation with candidate countries is further strengthened on climate change issues.

5.   Combating climate change will form an integral part of the European Union's external relations policies and will constitute one of the priorities in its sustainable development policy. This will require concerted and coordinated efforts on the part of the Community and its Member States with a view to:

   capacity-building to assist developing countries and countries with economies in transition for example through encouraging projects in connection with the Clean Development Mechanism (CDM) in the Kyoto Protocol and joint implementation;
   responding to identified technology-transfer needs;
   assisting with the challenge of adapting to climate change in the countries concerned.

Article 6

Objectives and priority areas for action on nature and biodiversity

1.  The aims set out in Article 2 should be pursued by the following objectives:

   1. halting biodiversity decline with the aim of reaching this objective by 2010, including prevention and mitigation of impacts of invasive alien species and genotypes;
   2. protection and appropriate restoration of nature and biodiversity from damaging pollution;
   3. conservation, appropriate restoration and sustainable use of marine environment, coasts and wetlands;
   4. conservation and appropriate restoration of areas of significant landscape value including cultivated as well as sensitive areas;
   5. conservation of species and habitats, with particular attention to preventing habitat fragmentation;
   6. promotion of a sustainable use of the soil, with particular attention to preventing erosion, deterioration, contamination and desertification.

2.   These objectives shall be pursued by means of the following priority actions, taking into account the principle of subsidiarity, based on the existing global and regional conventions and strategies and full implementation of the relevant Community acts. The ecosystem approach, as adopted in the Convention on Biological Diversity(11) , should be applied whenever appropriate.

(a)  on biodiversity:

   ensuring the implementation and promoting the monitoring and assessment of the Community's biodiversity strategy and the relevant action plans, including through a programme for gathering data and information, developing the appropriate indicators, and promoting the use of best available techniques and of best environmental practices;
   promoting research on biodiversity, genetic resources, ecosystems and interactions with human activities;
   developing measures to enhance sustainable use, sustainable production and sustainable investments in relation to biodiversity;
   encouraging coherent assessment, further research and cooperation on threatened species;
   promoting at the global level a fair and equitable sharing of benefits arising from the use of genetic resources to implement Article 15 of the Convention on Biological Diversity on access to genetic resources originating from third countries;
   developing measures aimed at the prevention and control of invasive alien species including alien genotypes;
   establishing the Natura 2000 network and implementing the necessary technical and financial instruments and measures required for its full implementation and for the protection, outside the Natura 2000 areas, of species protected under the Habitats and Birds Directives;
   promoting the extension of the Natura 2000 network to the Candidate Countries;

(b)   on accidents and disasters:

   promoting Community coordination of actions by Member States in relation to accidents and natural disasters by, for example, setting up a network for exchange of prevention practices and tools;
   developing further measures to help prevent the major accident hazards with special regards to those arising from pipelines, mining, marine transport of hazardous substances and developing measures on mining waste;

(c)   a thematic strategy on soil protection, addressing the prevention of, inter alia, pollution, erosion, desertification, land degradation, land-take and hydrogeological risks taking into account regional diversity, including specificities of mountain and arid areas;

(d)   promoting sustainable management of extractive industries with a view to reducing their environmental impact;

(e)   promoting the integration of conservation and restoration of the landscape into other policies including tourism, taking account of relevant international instruments;

(f)  promoting the integration of biodiversity considerations in agricultural policies and encouraging sustainable rural development, multifunctional and sustainable agriculture, through:

   encouraging full use of current opportunities of the common agriculture policy and other policy measures;
   encouraging more environmentally responsible farming, including, where appropriate, extensive production methods, integrated farming practices, organic farming and agro-biodiversity, in future reviews of the common agricultural policy, taking account of the need for a balanced approach to the multifunctional role of rural communities;

(g)   promoting sustainable use of the seas and conservation of marine ecosystems, including sea beds, estuarine and coastal areas, paying special attention to sites holding a high biodiversity value, through:

   promoting greater integration of environmental considerations in the common fisheries policy, taking the opportunity of its review in 2002;
   a thematic strategy for the protection and conservation of the marine environment taking into account inter alia the terms and implementation obligations of marine Conventions, and the need to reduce emissions and impacts of sea transport and other sea and land-based activities;
   promoting integrated management of coastal zones;
   further promote the protection of marine areas, in particular with the Natura 2000 network as well as by other feasible Community means;

(h)   implementing and further developing strategies and measures on forests in line with the forest strategy for the European Union, taking account the principle of subsidiarity and biodiversity considerations, incorporating the following elements:

   improving existing Community measures which protect forests and implementing sustainable forest management inter alia through national forest programmes, in connection with rural development plans, with increased emphasis on the monitoring of the multiple roles of forests in line with recommendations adopted by the Ministerial Conference on the Protection of Forests in Europe and the United Nations Forum on Forests and the Convention on Biodiversity and other fora;
   encouraging the effective coordination between all policy sectors involved in forestry, including the private sector, as well as the coordination of all stakeholders involved in forestry issues;
   stimulating the increase of the market share for sustainably produced wood inter alia through encouraging certification for sustainable forest management and encouraging labelling of related products;
   continuing the active participation of the Community and of Member States in the implementation of global and regional resolutions and in discussions and negotiations on forest-related issues;
   examining the possibilities to take active measures to prevent and combat trade of illegally harvested wood;
   encouraging consideration of climate change effects in forestry;

(i)   on genetically modified organisms (GMOs):

   developing the provisions and methods for risk assessment, identification, labelling and traceability of GMOs in order to enable effective monitoring and controls of health and environmental effects;
   aiming for swift ratification and implementation of the Cartagena Protocol on Biosafety and supporting the build-up of regulatory frameworks in third countries, where needed through technical and financial assistance.

Article 7

Objectives and priority areas for action on environment and health and quality of life

1.  The aims set out in Article 2 should be pursued by the following objectives, taking into account relevant World Health Organisation (WHO) standards, guidelines and programmes:

   achieving better understanding of the threats to environment and human health in order to take action to prevent and reduce these threats;
   contributing to a better quality of life through an integrated approach concentrating on urban areas;
   aiming to achieve within one generation (2020) that chemicals are only produced and used in ways that do not lead to a significant negative impact on health and the environment, recognising that the present gaps of knowledge on the properties, use, disposal and exposure of chemicals need to be overcome;
   chemicals that are dangerous should be substituted by safer chemicals or safer alternative technologies not entailing the use of chemicals, with the aim of reducing risks to man and the environment;
   reducing the impacts of pesticides on human health and the environment and more generally to achieve a more sustainable use of pesticides as well as a significant overall reduction in risks and of the use of pesticides consistent with the necessary crop protection. Pesticides in use which are persistent or bio-accumulative or toxic or have other properties of concern should be substituted by less dangerous ones where possible;
   achieving quality levels of ground and surface water that do not give rise to significant impacts on and risks to human health and the environment, and to ensure that the rates of extraction from water resources are sustainable over the long term;
   achieving levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment;
   substantially reducing the number of people regularly affected by long-term average levels of noise, in particular from traffic which, according to scientific studies, cause detrimental effects on human health, and preparing the next step in the work with the noise directive.

2.   These objectives shall be pursued by means of the following priority actions:

  (a) reinforcing Community research programmes and scientific expertise, and encouraging the international coordination of national research programmes, to support achievement of objectives on health and environment, and in particular the:
   identification and recommendations on the priority areas for research and action including among others the potential health impacts of electromagnetic pollution sources and including particular attention to the development and validation of alternative methods to animal testing in particular in the field of chemical safety;
   definition and development of indicators of health and environment;
   re-examination, development and updating of current health standards and limit values, including, where appropriate, the effects on potentially vulnerable groups, for example children or the elderly and the synergies and the reciprocal impact of various pollutants;
   review of trends and the provision of an early warning mechanism for new or emerging problems;
  (b) on chemicals:
   placing the responsibility on manufacturers, importers and downstream users for generating knowledge about all chemicals (duty of care) and assessing risks of their use, including in products, as well as recovery and disposal;
   developing a coherent system based on a tiered approach, excluding chemical substances used in very low quantities, for the testing, risk assessment and risk management of new and existing substances with testing procedures that minimise the need for animal testing and develop alternative testing methods;
   ensuring that the chemical substances of concern are subject to accelerated risk management procedures and that substances of very high concern, including carcinogenic, mutagenic or toxic for reproduction substances and those which have POPs (persistent organic pollutants) characteristics, are used only in justified and well-defined cases and must be subject to authorisation before their use;
   ensuring that the results of the risk assessments of chemicals are taken fully into account in all areas of Community legislation where chemicals are regulated and to avoid duplication of work;
   providing criteria for including among the substances of very high concern those that are persistent and bio-accumulating and toxic and substances that are very persistent and very bio-accumulative and envisaging the addition of known endocrine disrupters when agreed test methods and criteria are established;
   ensuring that the main measures that are necessary in view of the identified objectives are developed speedily so that they can come into force before the mid-term review;
   ensuring public access to the non-confidential information in the Community Register on Chemicals (REACH Register).
  (c) on pesticides:
   full implementation and review of the effectiveness of the applicable legal framework (12) in order to ensure a high level of protection, when amended. This revision might include, where appropriate, comparative assessment and the development of Community authorisation procedures for placing on the market;
   a thematic strategy on the sustainable use of pesticides that addresses:
   (i) minimising the hazards and risks to health and environment from the use of pesticides;
   (ii) improved controls on the use and distribution of pesticides;
   (iii) reducing the levels of harmful active substances including through substituting the most dangerous with safer, including non-chemical, alternatives;
   (iv) encouragement of the use of low-input or pesticide-free cultivation among others through raising users' awareness, promoting the use of codes of good practices, and promoting consideration of the possible application of financial instruments;
   (v) a transparent system for reporting and monitoring progress made in fulfilling the objectives of the strategy including the development of suitable indicators;
  (d) on chemicals and pesticides:
   aiming at swift ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and of the Stockholm Convention on Persistent Organic Pollutants (POPs);
   amending Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals (13) with the aim of bringing it into line with the Rotterdam Convention, improving its procedural mechanisms and improving information to developing countries;
   support the improvement of the management of chemicals and pesticides in developing and candidate countries, including the elimination of stocks of obsolete pesticides inter alia by supporting projects aimed at such elimination;
   contributing to international efforts on the elaboration of a strategic approach on international chemicals management;
  (e) on the sustainable use and high quality of water:
   ensuring a high level of protection of surface and groundwater, preventing pollution and promoting sustainable water use;
   working towards ensuring full implementation of the Water Framework Directive (14) , aiming at a good ecological, chemical and quantitative water status and a coherent and sustainable water management;
   developing measures aimed at cessation of discharges, emissions and losses of Priority Hazardous Substances, in line with the provisions of the Water Framework Directive;
   ensuring a high level of protection of bathing water, including revising the Bathing Water Directive (15) ;
   ensuring the integration of the concepts and approaches of the Water Framework Directive and of other water protection directives in other Community policies;
  (f) on air quality, development and implementation of the measures in Article 5 in the transport, industry and energy sectors should be compatible with and contribute to improvement of quality of air. Further measures envisaged are:
   improving the monitoring and assessment of air quality, including the deposition of pollutants, and the provision of information to the public, including the development and use of indicators;
   a thematic strategy to strengthen a coherent and integrated policy on air pollution to cover priorities for further actions, the review and updating where appropriate of air quality standards and national emission ceilings with a view to reach the long-term objective of not exceeding critical loads and levels and the development of better systems for gathering information, modelling and forecasting;
   adopting appropriate measures concerning ground-level ozone and particulates;
   considering indoor air quality and the impacts on health, with recommendations for future measures where appropriate;
   playing a leading role in the negotiations and the implementation of the Montreal Protocol on ozone-depleting substances;
   playing a leading role in the negotiations on and strengthening the links and interactions with international processes contributing to clean air in Europe;
   further development of specific Community instruments for reducing emissions from relevant source categories;
  (g) on noise:
   supplementing and further improving measures, including appropriate type-approval procedures, on noise emissions from services and products, in particular motor vehicles, including measures to reduce noise from the interaction between tyre and road surface that do not compromise road safety, from railway vehicles, aircraft and stationary machinery;
   developing and implementing instruments to mitigate traffic noise where appropriate, for example by means of transport demand reduction, shifts to less noisy modes of transport, the promotion of technical measures and of sustainable transport planning;
  (h) on urban environment:
   a thematic strategy promoting an integrated horizontal approach across Community policies and ensuring the quality of the urban environment, taking account of progress made in implementing the existing cooperation framework(16) , reviewing it where necessary, and addressing:
   the promotion of Local Agenda 21;
   the need to tackle rising volumes of traffic and to bring about a significant decoupling of transport growth and GDP growth;
   the need for an increased share in public transport, rail, inland waterways, walking and cycling modes;
   the need to promote the use of low-emission vehicles in public transport;
   the consideration of urban environment indicators.

Article 8

Objectives and priority areas for action on the sustainable use and management of natural resources and wastes

1.  The aims set out in Article 2 should be pursued by the following objectives:

   aiming at ensuring that the consumption of resources and their associated impacts do not exceed the carrying capacity of the environment and breaking the linkages between economic growth and resource use. In this context the indicative target to achieve a percentage of 22% of the electricity production from renewable energies by 2010 in the Community is recalled with a view to increasing drastically resource and energy efficiency;
   achieving a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable production and consumption patterns;
   a significant reduction in the quantity of waste going to disposal and the volumes of hazardous waste produced while avoiding an increase of emissions to air, water and soil;
   encouraging re-use and for wastes that are still generated: the level of their hazardousness should be reduced and they should present as little risk as possible; preference should be given to recovery and especially to recycling; the quantity of waste for disposal should be minimised and should be safely disposed of; waste intended for disposal should be treated as closely as possible to the place of its generation, to the extent that this does not lead to a decrease in the efficiency in waste treatment operations.

2.   These objectives shall be pursued taking into consideration the Integrated Product Policy approach and the Community's strategy for waste management (17) by means of the following priority actions:

  (i) developing a thematic strategy on the sustainable use and management of resources, including inter alia:
   (a) an estimate of materials and waste streams in the Community, including imports and exports for example by using the instrument of material flow analysis;
   (b) a review of the efficiency of policy measures and the impact of subsidies relating to natural resources and waste;
   (c) establishment of goals and targets for resource efficiency and the diminished use of resources, decoupling the link between economic growth and negative environmental impacts;
   (d) promotion of extraction and production methods and techniques to encourage eco-efficiency and the sustainable use of raw materials, energy, water and other resources;
   (e) development and implementation of a broad range of instruments including research, technology transfer, market-based and economic instruments, programmes of best practice and indicators of resource efficiency.
  (ii) Developing and implementing measures on waste prevention and management by, inter alia:
   (a) developing a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved at Community level by 2010. The Commission is invited to prepare a proposal for such targets by 2002;
   (b) encourage ecologically sound and sustainable product design;
   (c) raising awareness of the public's potential contribution on waste reduction;
   (d) the formulation of operational measures to encourage waste prevention, e.g. stimulating re-use and recovery, the phasing out of certain substances and materials through product-related measures;
   (e) developing further indicators in the field of waste management;
  (iii) Developing a thematic strategy on waste recycling, including inter alia:
   (a) measures aimed at ensuring source separation, the collection and recycling of priority waste streams;
   (b) further development of producer responsibility;
   (c) development and transfer of environmentally sound waste recycling and treatment technology;
   (iv) Developing or revising the legislation on wastes, including inter alia construction and demolition waste, sewage sludge (18) , biodegradable wastes, packaging (19) , batteries (20) and waste shipments (21) , clarification of the distinction between waste and non-waste and development of adequate criteria for the further elaboration of Annex IIA and IIB of the framework directive on wastes (22) .

Article 9

Objectives and priority areas for action on international issues

1.  The aims set out in Article 2 on international issues and the international dimensions of the four environmental priority areas of this Programme involve the following objectives:

   the pursuit of ambitious environmental policies at the international level paying particular attention to the carrying capacity of the global environment;
   the further promotion of sustainable consumption and production patterns at the international level;
   making progress to ensure that trade and environment policies and measures are mutually supportive.

2.   These objectives shall be pursued by means of the following priority actions:

   (a) integrating environment protection requirements into all the Community's external policies, including trade and development cooperation, in order to achieve sustainable development by inter alia the elaboration of guidelines;
   (b) establishing a coherent set of environment and development targets to be promoted for adoption as part of "a new global deal or pact" at the World Summit on Sustainable Development in 2002;
   (c) work towards strengthening international environmental governance by the gradual reinforcement of multilateral cooperation and the institutional framework including resources;
   (d) aiming for swift ratification, effective compliance and enforcement of international conventions and agreements relating to the environment where the Community is a Party;
   (e) promoting sustainable environmental practices in foreign investment and export credits;
   (f) intensify efforts at the international level to arrive at consensus on methods for the evaluation of risks to health and the environment, as well as approaches of risk management including the precautionary principle;
   (g) achieving mutual supportiveness between trade and the needs for environmental protection, by taking due account of the environmental dimension in Sustainability Impact Assessments of multilateral trade agreements to be carried out at an early stage of their negotiation and by acting accordingly;
   (h) further promoting a world trade system that fully recognises Multilateral or Regional Environmental Agreements and the precautionary principle, enhancing opportunities for trade in sustainable and environmentally friendly products and services;
   (i) promoting cross-border environmental cooperation with neighbouring countries and regions;
   (j) promoting a better policy coherence by linking the work done within the framework of the different conventions, including the assessment of interlinkages between biodiversity and climate change, and the integration of biodiversity considerations into the implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol.

Article 10

Environment policy-making

The objectives set out in Article 2 on environment policy-making based on participation and best available scientific knowledge and the strategic approaches set out in Article 3 shall be pursued by means of the following priority actions:

   (a) development of improved mechanisms and of general rules and principles of good governance within which stakeholders are widely and extensively consulted at all stages so as to facilitate the most effective choices for the best results for the environment and sustainable development in regard to the measures to be proposed;
   (b) strengthening participation in the dialogue process by environmental NGOs through appropriate support, including Community finance;
  (c) improvement of the process of policy making through:
   the preparation of environmental impact assessment studies for all Commission decisions and legislative proposals which may have significant environmental implications, and publication of the results, in line with Declaration No 12 annexed to the Final Act of the Amsterdam Treaty ;
   ex-post evaluation of the effectiveness of existing measures in meeting their environmental objectives;
   (d) ensuring that environment and notably the priority areas identified in this Programme are a major priority for Community research programmes. Regular reviews of environmental research needs and priorities should be undertaken within the context of the Community Framework Programme of research and technological development. Ensuring better coordination of research related to the environment conducted in Member States inter alia to improve the application of results;
development of bridges between environmental and other actors in the fields of information, training, research, education and policies;
  (e) ensuring regular information that can help to provide the basis for:
   policy decisions on the environment and sustainable development,
   the follow-up and review of sector integration strategies as well as of the Sustainable Development Strategy,
   information to the wider public.

The production of this information will be supported by regular reports from the European Environment Agency and other relevant bodies. The information, to be provided at the latest by 2003, shall consist notably of:

   headline environmental indicators,
   indicators on the state and trends of the environment,
   integration indicators;
   (f) reviewing and regularly monitoring information and reporting systems with a view to a more coherent and effective system to ensure streamlined reporting of high quality, comparable and relevant environmental data and information. The Commission is invited, as soon as possible, to provide a proposal as appropriate to this end. Monitoring, data collection and reporting requirements should be addressed efficiently in future environmental legislation;
   (g) reinforcing the development and the use of earth monitoring (e.g. satellite technology) applications and tools in support of policy-making and implementation.

Article 11

Monitoring and evaluation of results

1.   In the fourth year of operation of the Programme the Commission shall evaluate the progress made in its implementation together with associated environmental trends and prospects. This should be done on the basis of a comprehensive set of indicators. The Commission shall submit this mid-term report together with any proposal for amendment that it may consider appropriate to the European Parliament and the Council.

2.   The Commission shall submit to the European Parliament and the Council a final assessment of the Programme and the state and prospects for the environment in the course of the final year of the Programme.

Article 12

This Decision shall be published in the Official Journal of the European Communities.

Done at ,

For the European Parliament For the Council

The President The President

(1) Texts Adopted of 31.5.2001, Item 5
(2) OJ C 154 E, 29.5.2001, p. 218.
(3) OJ C 154 E, 29.5.2001, p. 218.
(4) OJ C 221, 7.8.2001, p. 80.
(5) OJ C
(6) Position of the European Parliament of 31 May 2001, Council Common Position of 27 September 2001 and position of the European Parliament of 17 January 2002 .
(7)* The date of adoption of this Decision.
(8) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
(9) Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE) (OJ L 192, 28.7.2000, p. 1).
(10) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Aarhus, 25 June 1998.
(11) OJ L 309, 13.12.1993, p. 1.
(12) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1). Directive as last amended by Commission Directive 2001/49/EC (OJ L 176, 29.6.2001, p. 61).
(13) OJ L 251, 29.8.1992, p. 13. Regulation as last amended by Commission Regulation (EC) No 2247/98 (OJ L 282, 20.10.1998, p. 12).
(14) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
(15) Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ L 31, 5.2.1976, p. 1). Directive as last amended by the 1994 Act of Accession.
(16) European Parliament and Council Decision No 1411/2001/EC of 27 June 2001 on a Community framework for cooperation to promote sustainable urban development (OJ L 191, 13.7.2001, p. 1).
(17) Council Resolution of 24 February 1997 on a Community strategy for waste management (OJ  C 76, 11.3.1997, p. 1).
(18) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p.  6). Directive as last amended by the 1994 Act of Accession.
(19) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10). Directive as last amended by Commission Decision 1999/177/EC (OJ L 56, 4.3.1999, p. 47).
(20) Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (OJ L 264, 23.10.1993, p. 51).
(21) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1). Regulation as last amended by Commission Decision 1999/816/EC (OJ L 316, 10.12.1999, p. 45).
(22) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25.7.1975, p. 39). Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).


Maximum authorised dimensions and weights in certain road vehicles ***II
European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (9068/1/2001 – C5-0433/2001 – 2000/0060(COD))
P5_TA(2002)0008 A5-0437/2001

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (9068/1/2001 – C5-0433/2001 (1) ),

–   having regard to its position at first reading(2) on the Commission proposal (and amended proposal) to Parliament and the Council (COM(2000) 137 (3) ),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 78 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0437/2001 ),

1.   Approves the common position;

2.   Notes that the act is adopted in accordance with the common position;

3.   Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.   Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

5.   Instructs its President to forward its position to the Council and Commission.

(1) OJ C 360, 15.12.2001, p.1.
(2) OJ C 178, 22.6.2001, p. 60.
(3) OJ C 274 E, 26.9.2001, p.32


Driver attestation ***II
European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation amending Council Regulations (EEC) No 881/92 and (EEC) No°3118/93 for the purposes of establishing a driver attestation (10353/1/2001 – C5-0473/2001 – 2000/0297(COD))
P5_TA(2002)0009 A5-0469/2001

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (10353/1/2001 – C5-0473/2001 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2000) 751(2) ),

–   having regard to the Commission's amended proposal (COM(2001) 373),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 80 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0469/2001 ),

1.   Approves the common position;

2.   Notes that the act is adopted in accordance with the common position;

3.   Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.   Instructs its Secretary General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

5.   Instructs its President to forward its position to the Council and Commission.

(1) Texts Adopted, 16.5.2001, Item 11.
(2) OJ C 96 E, 27.3.2001, p. 207.


Award of public supply contracts, public service contracts and public works contracts ***I
Resolution
Consolidated text
Annex
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Proposal for a European Parliament and Council directive on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts (COM(2000) 275 – C5-0367/2000 – 2000/0115(COD))
P5_TA(2002)0010 A5-0378/2001

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 275(1) ),

–   having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0367/2000 ),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Market, the opinions of the Committee on Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy (A5-0378/2001 ),

1.   Approves the Commission proposal as amended;

2.   Asks to be consulted again if the Council intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 January 2002 with a view to the adoption of European Parliament and Council Directive .../.../EC on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts

P5_TC1-COD(2000)0115


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,

Having regard to the proposal from the Commission(2) ,

Having regard of the opinion of the Economic and Social Committee(3) ,

Having regard of the opinion of the Committee of the Regions(4) ,

Acting in accordance with the procedure set out in Article 251 of the Treaty(5) ,

Whereas:

(1)   Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts(6) , Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts(7) , and Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts(8) were last amended by European Parliament and Council Directive 97/52/EC(9) . On the occasion of further amendments, which are necessary to meet the requirements for simplification and modernisation expressed by contracting authorities and economic operators in their replies to the Green Paper adopted by the Commission on 27 November 1996(10) , it is therefore appropriate for reasons of clarity, to recast the Directives in a single text.

(2)    Account should be taken of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (11) .

(   3 ) The attainment of freedom of movement of goods in respect of public supply contracts, and the attainment of freedom of establishment and freedom to provide services in respect of public services contracts and public works contracts, whereby such contracts are awarded in Member States on behalf of the State or regional or local authorities or other bodies governed by public law, entail not only the abolition of restrictions but also the implementation of provisions relating to the coordination of national procedures for the award of public contracts. The provisions should be based on the rules governing those three freedoms and on the principles flowing from them, such as the principles of equal treatment, of which the principle of non-discrimination is but one specific expression, mutual recognition, proportionality, transparency, and also on the introduction of effective competition in public contracts. As a consequence, these coordination provisions should therefore be interpreted in accordance with the abovementioned rules and principles as well as the other rules of the Treaty.

(   4 ) These coordination provisions should, as far as possible, have regard to the procedures and practices in force in each of the Member States.

(5)    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 public contract does not cause any distortion of competition in relation to private tenderers. To that end, Member States may lay down rules relating to the methods to be used to calculate the price/real cost of a tender with a view to its submission to the contracting authority.

(6)    In accordance with Article 6 of the Treaty, environmental protection requirements must be integrated into the definition and implementation of Community policies and activities, in particular with a view to promoting sustainable development. This includes policies and activities concerned with the construction of the European internal market and directives on public procurement in particular. The Directive therefore integrates Community policy on environmental protection and sustainable development into the public procurement regime.

(7)    Nothing in this Directive prevents any contracting authority from imposing or enforcing measures necessary to protect public morality, public policy, public security or human, animal or plant life or health, in conformity with the Treaty, in particular with a view to sustainable development, provided that those measures are not discriminatory and do not conflict with the objective of opening up the public procurement market.

(   8 ) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)(12) in particular approved the Agreement on Government Procurement, hereinafter referred to as the "Agreement", the aim of which is to establish a balanced multilateral framework of rights and obligations regarding government procurement with a view to achieving the liberalisation and expansion of world trade. In view of the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, the arrangements to be applied to tenderers and products from signatory third countries are those defined by the Agreement. The Agreement has no direct effect. Accordingly, the contracting authorities covered by the Agreement which comply with these coordination provisions and which apply the same provisions as regards the economic operators of the third countries signatory to the Agreement, should have regard to the Agreement. This Directive should also secure, for economic operators established in the Community, conditions for participation in public procurement which are as favourable as those of economic operators of the third countries being signatories to the Agreement.

(   9 ) The multitude of thresholds for application of the coordination provisions currently in force is a source of complication for contracting authorities. In addition, the thresholds should be laid down in euro. The thresholds should therefore be laid down in euro in a manner that makes it easier to apply these provisions, while ensuring compliance with the thresholds in the Agreement which are expressed in terms of special drawing rights. For these reasons, thresholds expressed in euro should also be revised periodically to account, if necessary, for any fall in the value of the euro in relation to the special drawing right.

(   10 ) The public contracts awarded by contracting authorities operating in the water, energy and transport sectors and relating to these activities are covered by European Parliament and Council Directive .../.../EC of ... on coordinating the procurement procedures of entities operating in the water, energy and transport sectors (13) . However, contracts awarded by contracting authorities in relation to their use of sea, inshore or inland waterway transport services fall within the scope of this Directive.

(   11 ) In view of the situation of effective competition in contracts in the telecommunications sector following the implementation of the Community rules aimed at liberalising that sector, public contracts relating to telecommunications should be excluded from the scope of this Directive whenever they are awarded with the sole objective of enabling contracting authorities to carry out specific activities in the telecommunications sector.

(12)    Certain contracting authorities, particularly regional or local authorities, may, in the course of exercising their powers, award contracts to entities which are formally separate legal entities but which, in view of the particular relationship between the contracting authorities and the entities in question, constitute a mere emanation of the contracting authorities with no autonomous decision-making powers and may, accordingly, be regarded as forming part of those contracting authorities. Under certain conditions, contracts awarded to such entities by contracting authorities should not be subject to the provisions of this Directive.

(   13 ) Provision should be made for exceptional cases where measures concerning the coordination of procedures may not necessarily be applied on grounds of State security or secrecy or due to the applicability of specific procurement rules such as those pursuant to international agreements, those concerning the stationing of troops, or the rules of international organisations.

(   14 ) In accordance with Article 163 of the Treaty, the encouragement of research and development is a means of strengthening the scientific and technological basis of European industry, and the opening-up of public service contracts contributes to this end. The cofunding of research programmes should not be an objective of this Directive; research and development service contracts other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority, are not therefore covered by this Directive.

(   15 ) Public service contracts relating to the acquisition or rental of immovable property or to rights thereon have particular characteristics, which make the application of procurement rules inappropriate.

(   16 ) The award of public contracts for certain audiovisual services in the broadcasting field should be able to take into account considerations of cultural and social importance which make the application of procurement rules inappropriate.

(   17 ) Arbitration and conciliation services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules.

(   18 ) Financial services covered by this Directive should not include the instruments of monetary policy, exchange rate, public debt, reserve management, and other policies involving transactions in securities and other financial instruments. Accordingly, contracts in connection with the issue, sale, purchase or transfer of securities and other financial instruments are not covered. The services provided by the central bank are also excluded.

(19)    Certain techniques for centralising purchases have been developed in Member States. Several entities, in charge of procurement for other contracting authorities, have been created for this purpose. These techniques allow, owing to the size of the volumes purchased, broadened competition and improved efficiency of public procurement. It is necessary, therefore, to establish a Community definition for purchasing groups dedicated to contracting authorities and to define the procedures applicable to them, and the manner in which contracting authorities may freely have recourse to purchasing groups, provided that the latter are themselves contracting authorities.

(20)    The provisions of this Directive shall be fully applicable to contracts whereby purchasing groups mentioned under Article 1(5) procure supplies or services. Contracting authorities directly acquiring supplies or services from or through such a purchasing group shall be deemed to have complied with the provisions of this Directive, provided that the purchasing group has complied with those provisions.

(   21 ) The field of services is best delineated, for the purpose of applying the procedural rules of this Directive and for monitoring purposes, by subdividing it into categories corresponding to particular headings of a common classification and by bringing them together in two annexes, 1 A and 1 B, according to the regime to which they are subject. As regards services in Annex 1 B, the relevant provisions of this Directive should be without prejudice to the application of Community rules specific to the services in question.

(22)    Where public service contracts, for instance in the sector of real estate management, also cover works that are ancillary to the main object of the contract and consequential or complementary thereto, the fact that such works form part of the contract does not warrant the contract in question being categorised as a public works contract. By the same token, a contract whose object is specifically concerned with the performance of building or civil engineering works should be regarded as a public works contract, even if the contract also provides for the provision of services which are necessary in order to carry out the building or civil engineering works.

(   23 ) With regard to public service contracts, full application of this Directive should be limited, for a transitional period, to contracts for which its provisions will enable the full potential for increased cross-frontier trade to be realised. Contracts for other services need to be monitored during this transitional period before a decision is taken on the full application of this Directive. The mechanism for such monitoring needs to be defined. This mechanism must, at the same time, enable interested parties to have access to the relevant information.

(24)    In view of the varying requirements stipulated in public works contracts, contracting authorities must be able to make provision for the execution and design of works to be awarded either separately or jointly. It is not the intention of this Directive to prescribe either joint or separate contract awards. The decision to award contracts separately or jointly must be determined by qualitative and economic criteria. Joint awards must be duly justified by contracting authorities on those grounds.

(   25 ) Contracting authorities may seek or accept advice which may be used in the preparation of specifications for a specific contract, provided, however, that such advice does not have the effect of precluding competition.

(   26 ) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To this end, it must be possible to submit bids which reflect the diversity of technical solutions. Accordingly, it must be possible to draw up the technical specifications in terms of functional performance and requirements, and, where reference is made to the European standard or, in the absence thereof, to the national standard, other equivalent arrangements must be accepted. To demonstrate equivalence, tenderers should be permitted to use any form of evidence. Reference to specifications stipulating a particular origin should remain the exception. Where no uniform standards applicable throughout Europe are in force in the relevant field, contracting authorities must be permitted to specify a particular national standard. This is necessary in order to keep subsequent maintenance and repair costs as low as possible and, particularly in the case of works with safety implications, to ensure smooth functioning on the basis of known, reliable and compatible building components and structures.

(   27 ) For certain particularly complex contracts, contracting authorities may find it objectively impossible to define the tools likely to meet their needs or assess what the contract can offer in terms of technical or financial solutions without this being attributable to a lack of information or deficiencies on their part. Provision should therefore be made for a negotiated procedure, with a call for competition which is sufficiently flexible to deal with these situations. In these cases, the sole aim of negotiation should be to permit the contracting authority, through dialogue with the candidates, to explain its requirements and define them with the necessary precision so that tenders can be formulated and assessed objectively so as to ascertain the most advantageous tender in economic terms. It should therefore be limited to the consultation stage ; tenders drawn up on the basis of contract documents cannot therefore be open to negotiation. This flexibility is granted subject to observance of the principles of equal treatment, non-discrimination and transparency.

(   28 ) Certain new buying techniques have developed in Member States and meet the needs of contracting authorities. A Community definition of these buying techniques, known as "framework agreements", should therefore be provided, together with specific rules allowing competition to be reopened between the parties to the framework agreement for the award of public contracts on the basis of that agreement in order to ensure that the contracting authorities have security of supply at the best value for money. The reopening of competition should comply with the special rules on the advertising, time-limits and conditions for the submission of tenders to prevent markets from being partitioned and to ensure that the principle of equal treatment is observed. For the same reasons, the term of the framework agreements should not exceed three years, except in cases duly justified by the contracting authority where a longer term is necessary owing to the nature of the contract.

(   29 ) To ensure development of effective competition in the field of public contracts, it is necessary that contract notices drawn up by the contracting authorities of Member States be advertised throughout the Community. The information contained in those notices should enable economic operators established in the Community to determine whether the proposed contracts are of interest to them. For this purpose, operators should be provided with an adequate understanding of the subject-matter of the contract and the conditions to which it is subject. It is therefore appropriate to give greater prominence to published notices, by the use of appropriate instruments such as standard-form contract notices and the nomenclature of the Common Procurement Vocabulary (CPV) laid down by European Parliament and Council Regulation (EC) No .../....(14) . In restricted procedures, advertising should particularly seek to enable economic operators of Member States to express their interest in contracts by seeking from the contracting authorities invitations to tender under the required conditions.

(   30 ) Additional information concerning contracts should, as is customary in Member States, be given in the contract documents for each contract or else in an equivalent document.

(   31 ) Contract performance conditions are compatible with the Directive provided that they do not constitute unjustified discrimination with regard to tenderers from other Member States, and provided that they are indicated in the contract notice. They may in particular be intended to favour employment of excluded or disadvantaged people or to fight against unemployment or to achieve specific environmental goals .

(32)    In cross-border situations, where workers from one Member State provide services in another Member State in respect of a public procurement contract, European Parliament and Council Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of a transnational provision of services (15) sets out conditions which should be observed in the host country in respect of such posted workers.

(   33 ) In the light of the new information and communications technologies and the simplifications they can bring about in the publication of contracts and in terms of the efficiency and transparency of award procedures, it is appropriate to put electronic means on an equal footing with the conventional means of communicating and exchanging information. As far as possible, the means and the technology chosen should be compatible with the technologies used in other Member States.

(   34 ) European Parliament and Council Directives 1999/93/EC of 13 December 1999 on a Community framework for electronic signatures(16) and 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce") (17) should, in the context of this Directive, apply to the transmission of information by electronic means.

(   35 ) The use of electronic means leads to savings in time. As a result, where electronic means are used, provision should be made for reducing the minimum periods, subject however to the condition that they be compatible with the specific modes of transmission envisaged at Community level.

(   36 ) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time-limits(18) should apply to the calculation of the permitted periods laid down in this Directive.

(   37 ) The selection of candidates should be completely transparent. A definition should therefore be provided of the objective criteria that the contracting authorities can use to select the competitors and of the means that the economic operators can use to prove that they satisfy those criteria. With this objective of transparency, the contracting authority should be obliged to set out, as soon as a contract is put up for tender, the selection criteria it will use to make its selection, in addition to the specific capacities it may require of the economic operators to admit them to the contract award procedure.

(   38 ) The relevant Community rules on mutual recognition of diplomas, certificates or other evidence of formal qualifications apply when evidence of a particular qualification is required for participation in an award procedure or a design contest for services.

(   39 ) Contracts should be awarded on the basis of objective criteria which respect the principles of non-discrimination and equality of treatment and ensure that tenders are assessed in conditions of effective competition. Only two award criteria should therefore be applied: that of "lowest price" and that of "the most economically advantageous tender".

(   40 ) In order to ensure compliance with the principle of equality of treatment in the awarding of contracts, the necessary transparency should be ensured and enhanced with regard to the criteria chosen to determine the most economically advantageous tender. The contracting authorities should therefore indicate at the start of the procedure the relative weighting given to each of these criteria. It should be more than a simple indication of the descending order of importance attaching to the criteria. For exceptional cases fully justified by the contracting authority where it is not possible to fix the relative weighting at the start of the procedure, it should be possible to allow its indication to be given at a later stage.

(41)    Member States should establish the appropriate procedures for the enforcement and operation of this Directive within their own jurisdictions. They should consider the need for an independent public procurement agency to ensure compliance with the Directive by contracting authorities.

(   42 ) The award criteria for the public procurement of services should not prejudice the application of national laws on the remuneration of certain services, such as those on the remuneration of architects, engineers or lawyers.

(43)    Contracting authorities may reject tenders that are abnormally low owing to non-compliance with minimum social requirements.

(   44 ) Certain technical conditions and in particular conditions concerning notices, statistical reports and the nomenclature used and the conditions for reference to such nomenclature need to be adopted and amended in the light of changing technical requirements. The lists of contracting authorities in the annexes need to be updated. A fast and flexible adoption procedure should therefore be provided for this purpose. In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(19) , the measures for the implementation of this Directive should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.

(   45 ) In order to promote access by small and medium-sized undertakings to public contracts, it is appropriate to provide for subcontracting arrangements.

(46)    It is appropriate to take action to prevent the award of public contracts to economic operators who have been found guilty by a definitive judgment of offences which call into question their reliability for the purposes of performing the contract which is to be awarded. This applies in particular to the offences of participation in a criminal organisation or corruption or fraud to the detriment of the financial interests of the European Communities in a Member State and to violations of employment law or environmental law relevant to the performance of the contract which is to be awarded. In assessing the reliability of tenderers, account should also be taken of any definitive judgment convicting them of unlawful agreements in connection with public contracts or of serious professional misconduct.

(   47 ) This Directive should be without prejudice to the obligations laid down on Member States as to the time-limits within which they are required to tranpose Directives 92/50/EEC, 93/36/EEC and 93/37/EEC, those time-limits being set out in Annex XII .

(48)    The Commission should examine the possibility of adopting a proposal for a Directive to regulate systematically the concessions sector and so-called 'project financing',

HAVE ADOPTED THIS DIRECTIVE:

TITLE I

Definitions and general principles

Article 1

Definitions

1.    For the purpose of this Directive, the definitions set out in paragraphs 2 to 17  shall apply.

2.   "Public supply contracts" means contracts for pecuniary interest concluded in writing between one or more suppliers and a contracting authority and involving the purchase, lease, rental or hire purchase, with or without option to buy, of products.

"Public service contracts" means contracts for pecuniary interest concluded in writing between one or more service providers and a contracting authority relating exclusively or mainly to the provision of services mentioned in Annex I.

"Public works contracts" means contracts for pecuniary interest concluded in writing between one or more contractors and a contracting authority which have as their object either the execution, or both the execution and design, of works related to one of the activities referred to in Annex II or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority. A "work" means the outcome of building or civil engineering works taken as a whole that is sufficient of itself to fulfil an economic or technical function.

A contract which also includes the supply of services shall be deemed to be a public works contract if its object specifically relates to the execution of building or civil engineering works and the services are necessary for the execution of such works.

Public service contracts in the sector of real estate management which include works shall not be categorised as public works contracts if such works are ancillary with respect to the main object of the contract and are consequential or complementary thereto.

The contracting authority's decision concerning the separate or joint award of contracts for works or services shall be guided by qualitative and economic criteria. A joint award must be justified by the contracting authority in relation to these aspects.

3.   A public contract covering the delivery of products and, in addition, siting and installation operations shall be considered to be a public supply contract.

A public contract covering both products and services within the meaning of Annex I shall be considered to be a "service contract" if the value of the services in question exceeds that of the products covered by the contract.

A public contract intended to cover services referred to in Annexes IA and IB and including activities referred to in Annex II only by way of addition to the principal object of the contract shall be considered to be a public service contract, and not a public works contract.

4.   The terms "supplier", "service provider" or "contractor" mean any natural or legal person or public body or group of such persons and/or bodies which offers, respectively, products, services or the execution of works.

The term "economic operator" shall cover equally a supplier, a service provider or a contractor.

An economic operator who has submitted a tender is designated by the term "tenderer". One who has sought an invitation to take part in a restricted or negotiated procedure shall be designated by the term "candidate".

5.   "Contracting authorities' means the State, regional or local authorities, bodies governed by public law, associations formed by one or several of such authorities or one or several of such bodies governed by public law as well as purchasing groups set up by the latter for the purpose of awarding public contracts .

A "body governed by public law" means any body:

   (a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character
and
   (b) having legal personality
and
   (c) financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.

The non-exhaustive lists of bodies and categories of bodies governed by public law which fulfil the criteria referred to in the second subparagraph are set out in Annex III . Member States shall periodically notify the Commission of any changes of their lists of bodies and categories of bodies.

A "purchasing group' means a contracting authority created in order to acquire supplies or services intended for other contracting authorities, or to determine the conditions of procurement thereof. Member States shall notify to the Commission the purchasing groups meeting this definition.

6.    A contract is "particularly complex' if the contracting authority is not able to define, either by holding a design contest or by a functional contract notice, the technical or other means of meeting its requirements or what the market can offer in terms of technical or financial solutions.

   7 . "Open procedures" means those national procedures whereby any interested economic operator may submit a tender.

"Restricted procedures" means those national procedures whereby only those economic operators invited by the contracting authority may submit a tender.

"Negotiated procedures" means those national procedures whereby the contracting authorities consult the economic operators of their choice and negotiate the terms of contract with one or more of these.

8.    A "reverse auction' means controlled rounds of electronic tendering which result in the contract being awarded to the tenderer who submits the lowest price in the final round of tendering.

   9 . A "framework agreement' means an agreement between a contracting authority within the meaning of paragraph 5 and one or more economic operators the aim of which is to lay down the terms for contracts to be awarded during a particular period, in particular with regard to the prospective price and, where appropriate, the prospective quantity .

10.    "Framework agreements' in the translation and interpreting services sector are identical contracts entered into with several service providers. Translation and interpreting service providers shall be classified in order on the basis of the award criteria and actual merit in contract performance. Actual merit shall be assessed at intervals, in compliance with the principle of equal opportunities.

   11 . An "outline solution" means a preliminary indication of the type of solution which a candidate intends to propose to meet the needs and requirements of the contracting authority; as regards public service contracts, this outline solution shall not consist in a plan or design within the meaning of paragraph 12 .

   12 . "Design contests' means those national procedures which enable the contracting authority to acquire, mainly in the fields of area planning, town planning, architecture and engineering or data processing, a plan or design selected by a jury after being put out to competition with the award of prizes.

   13 . "Public works concession" means a contract of the same type as the public works contracts referred to in 1(c) except for the fact that the consideration for the works to be carried out consists either solely in the right to exploit the construction or in this right together with payment.

   14 . "By electronic means" means by means of electronic equipment for the processing (including digital compression) and storage of data transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.

   15 . "Writing" means any expression consisting of words or figures which can be read, reproduced and subsequently communicated. It may include information which is transmitted and stored by electronic means.

   16 . The Common Procurement Vocabulary (CPV), adopted by Regulation (EC) No …./...., is the reference nomenclature applicable to public contracts.

  17 . For the specific purposes of Articles 16, 67 (2) and 74 (1), the following phrases shall have the following meanings:

   (a) "public telecommunications network" means the public telecommunications infrastructure which enables signals to be conveyed between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;
   (b) a "network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to, and efficient communication through, that public network;
   (c) "public telecommunications services" means telecommunications services the provision of which the Member States have specifically assigned to, inter alia, one or more telecommunications entities;
   (d) "telecommunications services" means services the provision of which consists wholly or partly in the transmission and routing of signals on the public telecommunications network by means of telecommunications processes.

Article 2

Equality of treatment, non-discrimination and transparency

Contracting authorities shall take all necessary steps to ensure compliance with the principles of equality of treatment, transparency and non-discrimination.

TITLE II

Rules on public contracts

CHAPTER I

General provisions

Article 3

Groups of economic operators

1.   Tenders may be submitted by groups of economic operators, and the persons taking part may meet the selection criteria specified by the contracting authorities pursuant to Articles 50(2), 54, 55 and 56 cumulatively . The length of any professional experience requested by the contracting authority may not be accumulated. There may be a requirement for minimum criteria to be met by at least one of the members of the group, who shall act as its head. These groups may not be required to assume a specific legal form in order to submit the tender; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract.

2.   In the procedures for the award of public service contracts, candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service activity, shall not be rejected solely on the grounds that, under the law of the Member State in which the contract is awarded, they would have been required to be either natural or legal persons.

Legal persons may be required to indicate in the tender or the request for participation the names and relevant professional qualifications of the staff to be responsible for the performance of the service.

Article 4

Conditions laid down by the agreements concluded within the World Trade Organisation

For the purposes of the award of contracts by contracting authorities, Member States shall apply in their relations conditions as favourable as those which they grant to economic operators of third countries in implementation of the Agreement on government procurement (hereinafter: "the Agreement"), concluded in the framework of the Uruguay Round multilateral negotiations .

The Member States shall, to this end, consult each other within the Advisory Committee for Public Contracts on the measures to be taken pursuant to the Agreement.

Article 5

Confidentiality

Without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 39 (3) and 46 respectively, the contracting authorities shall respect fully, both throughout and after the award procedure, the confidential nature of the information furnished by the economic operators. This includes technical or trade secrets, the confidentiality of tenders and proposed solutions and any other confidential information given by the economic operator.

CHAPTER II

Scope

Article 6

General

This Directive shall apply to public supply, service and works contracts not excluded under Section 2 whose estimated value net of value-added tax (VAT) is equal to or greater than the thresholds laid down in Article 9 .

The contracting authorities shall nevertheless be obliged to respect, for all contracts, including those below the thresholds referred to in Article 9, the fundamental principles of the Treaty in general and the principle of non-discrimination on the basis of nationality in particular. The principle of non-discrimination implies an obligation of transparency in order to enable the contracting authority to ascertain that the principle is being respected. The obligation of transparency incumbent upon the contracting authority consists in ensuring, for the benefit of every potential tenderer, an adequate level of publicity in order to open up service contracts to competition, as well as control over the impartiality of the award procedures. In defining the appropriate procedures to guarantee respect for this obligation the Member States shall refer to the relevant provisions of this Directive.

Article 7

Contracts with purchasing groups

The provisions of this Directive shall be fully applicable to contracts whereby purchasing groups mentioned under Article 1(5) procure supplies or services. Contracting authorities acquiring supplies or services directly from a purchasing group or through the intermediary of a third party shall be deemed to have complied with the provisions of this Directive, provided that the purchasing group has complied with those provisions.

Article 8

Defence procurement

This Directive shall apply to public contracts awarded by contracting authorities in the field of defence, except for public supply and service contracts to which the provisions of Article 296 of the Treaty apply.

Section 1

Thresholds

Subsection 1

Amounts

Article 9

Public contracts

The thresholds for the applicability of this Directive shall be as follows:

   (a) EUR  200 000 for public supply and service contracts awarded by contracting authorities which are listed as central government authorities in Annex IV; in the case of public supply contracts awarded by contracting authorities operating in the field of defence, this shall apply only to contracts involving products covered by Annex V;
   (b) EUR 300 000
   - for public supply and service contracts awarded by contracting authorities other than those listed in Annex IV;
   - for public supply contracts awarded by contracting authorities which are listed in Annex IV and operate in the field of defence, where these contracts involve products not covered by Annex V;
   (c) EUR  7 000 000 for public works contracts awarded by all contracting authorities.

Article 10

Contracts subsidised by more than 50% by contracting authorities

Member States shall take the necessary measures to ensure that contracting authorities which subsidise directly by more than 50% a works contract whose estimated value net of VAT is equal to or greater than EUR 5 300 000 and which involves civil engineering activities in position 45200000 of the CPV in Annex II or relating to building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes, ensure compliance with this Directive where that contract is awarded by one or more entities other than themselves or comply with this Directive where they themselves award that contract for and on behalf of those entities.

The first paragraph shall also apply where contracting authorities subsidise directly, by more than 50%, a service contract whose estimated value net of VAT is equal to or greater than  EUR 200 000 which is connected with a works contract within the meaning of the first paragraph.

Subsection 2

Methods for calculating value

Article 11

Calculating the value of framework agreements

1.   The basis for calculating the value of a framework agreement shall be the estimated maximum value net of VAT of all the contracts envisaged for the period in question.

2.   The value of contracts as referred to in paragraph 1 shall be calculated in accordance with Articles 12 , 13 and 14 .

Article 12

Calculating the value of public supply contracts

1.   For the purposes of calculating the value of public supply contracts, their estimated value shall equal or exceed the threshold concerned at the time of dispatch of the contract notice in accordance with Article 39 (2).

2.   No procurement requirement for a given quantity of supplies may be split up with the intention of evading the application of this Directive.

3.  In the case of contracts for the lease, rental or hire purchase of products, the value to be taken as the basis for calculating the estimated value of the contract shall be:

   (a) in the case of fixed-term contracts, where their term is 12 months or less the total contract value for its duration, or, where their term exceeds 12 months, its total value including the estimated residual value;
   (b) in the case of contracts for an indefinite period or in cases where there is doubt as to the duration of the contracts, the monthly value multiplied by 48.

4.   In the case of regular contracts or of contracts which are to be renewed within a given time, the estimated contract value shall be established on the basis of:

   (a) either the actual aggregate value of similar successive contracts awarded over the previous fiscal year or 12 months, adjusted, where possible, for anticipated changes in quantity or value over the 12 months following the initial contract;
   (b) or the estimated aggregate value of successive contracts awarded during the 12 months following the first delivery or during the term of the contract, where this is greater than 12 months.

The method of valuation shall not be used with the intention of evading the application of this Directive.

5.   If a proposed procurement of supplies of the same type may lead to contracts being awarded at the same time in separate lots, the estimated value of the total sum of these lots shall be taken as the basis for the application of paragraph 3 and of points (a) and (b) of Article 9 .

6.   Where a proposed contract provides for options, the basis for calculating the estimated contract value shall be the maximum permitted total amount of the purchase, lease, rental, or hire-purchase, including use of the option clauses.

Article 13

Calculating the value of public service contracts

1.   For the purposes of calculating the estimated amount of a contract, the contracting authority shall include the estimated total remuneration of the service provider, taking account of the provisions set out in paragraphs 2 to 8.

2.   Where a proposed contract provides for options, the basis for calculating the contract value shall be the maximum permitted total amount, including use of the option clauses.

3.  For the purposes of calculating the estimated contract value for the following types of services, account shall be taken, where appropriate:

   (a) of the premium payable, as well as other, comparable types of remuneration, in the case of insurance services,
   (b) as regards banking and other financial services, of fees, commissions and interest as well as other types of remuneration,
   (c) of fees or commissions, in the case of design contracts.

4.   Where the services are subdivided into several lots, each one the subject of a contract, the value of each lot shall be taken into account for the purpose of calculating the applicable threshold.

5.   Where the value of the lots is equal to or greater than the applicable threshold, the provisions of this Directive shall apply to all lots. A contracting authority need not apply the first indent of points (a) and (b) of Article 9 to any lots which have an estimated individual value net of VAT of less than EUR 80 000, provided that the total value of such lots does not exceed 20% of the total value of the lots.

6.  In the case of contracts which do not specify a total price, the value to be taken as the basis for calculating the estimated contract value shall be:

   (a) in the case of fixed-term contracts, where their term is 48 months or less, the total contract value for its duration;
   (b) in the case of contracts of indefinite duration, contracts including a tacit renewal clause or contracts with a term of more than 48 months, the monthly value multiplied by 48.

7.   In the case of regular contracts or contracts which are to be renewed within a given time, the contract value shall be established on the basis of:

   (a) either the actual aggregate cost of similar contracts for the same categories of services awarded over the previous fiscal year ot twelve months, adjusted, where possible, for anticipated changes in quantity or value over the twelve months following the initial contract,
   (b) or the estimated aggregate cost during the twelve months following the first service performed or during the term of the contract, where this is greater than twelve months.

8.   The selection of the valuation method shall not be used with the intention of evading the application of this Directive, nor shall any procurement requirement for a given amount of services be split up with the intention of evading the application of this Article.

Article 14

Calculating the value of public works contracts

1.   When calculating the thresholds referred to in point (c) of Article 9 and the amounts referred to in points (a) and (b) of Article 35 (4), account shall be taken not only of the value of the public works contracts but also of the estimated value of the supplies needed to carry out the works and made available to the contractor by the contracting authorities.

2.   No work or contract may be split up with the intention of evading the application of this Directive.

3.   Where a work is subdivided into several lots, each one the subject of a contract, the value of each lot must be taken into account for the purpose of calculating the threshold referred to in point (c) of Article 9 .

Where the aggregate value of the lots is equal to or greater than this threshold, the provisions of point (c) of Article 9 shall apply to all lots.

However, a contracting authority need not apply point (c) of Article 9 to any lots which have an estimated individual value net of VAT of less than EUR 1 million, provided that the total value of such lots does not exceed 20% of the total value of the lots.

Section 2

Excluded contracts

Article 15

Contracts in the water, energy and transport sectors

This Directive shall not apply to public contracts covered by Directive .../.../EC [on coordinating the procurement procedures of entities operating in the water, energy and transport sectors], which are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 6 of that Directive and are awarded for the pursuit of such activities, nor to public contracts excluded from the scope of that Directive under Articles 5(2), 21 and 28 thereof.

Article 16

Specific exclusions in the field of telecommunications

This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services.

Article 17

Contracts reserved for sheltered employment schemes or sheltered workshops

Member States may reserve certain contracts for sheltered employment schemes or sheltered workshops. This must be stated in the contract notice.

A "sheltered employment scheme' or 'sheltered workshop' is a scheme or workshop where over half the persons employed are persons with disabilities which, by their nature or gravity, prevent them from following an occupation in normal working conditions, and which offers such persons the security of an employment contract or an apprenticeship contract for the purpose of occupational rehabilitation or retraining.

Article 18

Secret contracts and contracts requiring special security measures

This Directive shall not apply to public contracts when they are declared to be secret, when their execution 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 security interests of that State so requires.

Article 19

Contracts awarded pursuant to international rules

This Directive shall not apply to public contracts governed by different procedural rules and awarded:

   (a) pursuant to an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering supplies or works intended for the joint implementation or exploitation of a work by the signatory States or services intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;
   (b) to undertakings in a Member State or a third country pursuant to an international agreement relating to the stationing of troops;
   (c) pursuant to the particular procedure of an international organisation.

Article 20

Contracts excluded from the definition of a public service contract

This Directive shall not apply to public service contracts for:

   (a) the acquisition or rental, by whatever means, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial service contracts concluded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;
   (b) the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time;
   (c) arbitration and conciliation services;
   (d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, transactions enabling the contracting authority to raise money or capital and central bank services;
   (e) employment contracts;
   (f) research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority.

Article 21

Contracts awarded on the basis of an exclusive right

This Directive shall not apply to public contracts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.

Article 22

Contracts awarded to entities formed by contracting authorities

This Directive shall not apply to contracts awarded by a contracting authority to:

   (a) a legally distinct entity, if the contracting authority exercises over that entity a control which is similar to that which it exercises over its own departments and if that entity carries out the essential part of its activities with the controlling contracting authority;
   (b) a joint venture formed by that contracting authority with other contracting authorities, if that contracting authority exercises over the joint venture a control which is similar to that which it exercises over its own departments and if the joint venture carries out the essential part of its activities with the controlling contracting authority or authorities.
CHAPTER III

Arrangements for public service contracts

Article 23

Service contracts listed in Annex I A

Contracts which have as their object services listed in Annex I A shall be awarded in accordance with the provisions of Chapters IV to VII.

Article 24

Service contracts listed in Annex I B

Contracts which have as their object services listed in Annex I B shall be subject solely to Articles 27 and 39 (3).

Article 25

Mixed contracts including services listed in Annex I A and services listed in Annex I B

Contracts which have as their object services listed both in Annex I A and in Annex I B shall be awarded in accordance with the provisions of Titles IV to VII where the value of the  services listed in Annex I A is greater than the value of the services listed in Annex I B. In other cases, contracts shall be awarded in accordance with Article 27 and the third subparagraph of Article 39 (3).

CHAPTER IV

Specific rules governing specifications and contract documents

Article 26

General provisions

1. For each contract, contracting authorities shall draw up a set of contract documents, clarifying and supplementing the information contained in the contract notices. In this context they shall introduce only technical specifications in accordance with Article 27 and, if they accept variants, the provisions set out in Article 28 shall be applicable.

2.   Contracting authorities may require information on the subject of sub-contracting in accordance with Article 29 or stipulate conditions concerning obligations relating to employment protection provisions and working conditions in accordance with Article 30 .

3.   Contracting authorities may require particular conditions concerning performance of the contract, provided that those conditions are compatible with Community law and are in accordance with the principles of equal treatment, non-discrimination and transparency as set out in Article 2.

   Article 27

Technical specifications

1. The technical specifications as defined in point 1 of Annex VI shall be set out in the contract documentation, such as contract notices, contract documents or additional documents.

2.   Technical specifications shall afford equal access for tenderers and not have the effect of creating unjustified obstacles to the opening of public procurement to competition.

3.   Technical specifications shall be formulated by referring to national standards implementing European standards, European technical approvals, European eco-labels, common technical specifications, international standards or when these do not exist national standards or national technical approvals, or any other technical reference produced by European standardisation bodies as defined in Annex VI, provided that the reference is accompanied by the words "or equivalent'.

  They may also be formulated in terms of performance requirements, of functional requirements or of requirements with regard to the environmental impact of the product throughout its lifetime. They shall, however, be sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract.

"Equivalent' standards, in the context of the information provided by the contracting authority in its description of the tasks to be performed, mean standards which are compatible with the technical, functional and performance requirements, do not entail or cause any safety risks and do not incur any additional costs for the contracting authority.

4. Where, in the case of public works contracts, there are no European standards, European technical approvals or common technical specifications, and it is impossible to formulate the specifications in terms of performance or functional requirements, the technical specifications may be defined by reference to national technical specifications relating to design and method of calculation and execution of works and use of material. Such reference shall be accompanied by the words "or equivalent".

5.   Where a contracting authority makes use of the option of referring to the specifications mentioned in the first subparagraph of paragraph 3, it cannot reject a tender on the grounds that the products and services tendered for do not comply with the specifications to which they have referred, provided that the tenderer proves in his tender, to the satisfaction of the contracting authority, by whatever appropriate means, that the solutions he proposes satisfy in an equivalent manner the requirements defined by the technical specifications.

   A technical dossier of the manufacturer or a test report from a recognised body may constitute an appropriate means .

A contracting authority that rejects a tender on the grounds that its requirements are not satisfied in an equivalent manner shall inform the tenderer, at the latter's request, of the grounds for non-equivalence.

6. Where a contracting authority uses the option laid down in the second subparagraph of paragraph 3 to prescribe in terms of performance, it may not reject a tender for products or services which comply with a national standard transposing a European standard, with a European technical approval, a common technical specification or an international standard, if these standards and approvals address the same functional and performance requirements and are appropriate.

  The tenderer must demonstrate in his tender by any appropriate means such as a technical dossier or a test report by a third party that the product or service in compliance with the standard meets the functional or performance requirements of the contracting authority.

7. Technical specifications shall not refer to a specific make or source, or to trade marks, patents, types or a specific origin or economic operator engaged in production or supply. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraphs 3 and 4 is not possible; such reference shall be accompanied by the words "or equivalent".

   Article 28

Variants

1. Where the criterion for the award of the contract is that of the most economically advantageous tender, contracting authorities may take account of variants which are submitted by a tenderer and meet the minimum performance or specifications required by these contracting authorities.

2.   The contracting authorities shall state in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation. The contracting authorities shall indicate in the tender notice if variants are not permitted.

3.   Article 27 shall apply to variants.

4.   In the procedures for awarding public supply contracts, contracting authorities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would lead, if successful, to a service contract rather than a public supply contract within the meaning of this Directive.

  In the procedures for awarding public service contracts, contracting authorities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would lead, if successful, to a supply contract rather than a public service contract within the meaning of this Directive.

Article 29

Subcontracting

In the contract documents, the contracting authority may not place any quantitative restrictions on the exercise, by the undertakings, of freedom of organisation of their own inputs. It shall ask the tenderer to indicate in his tender any share of the contract he may intend to subcontract to third parties and any designated subcontractors . This indication shall be without prejudice to the question of the principal economic operator's liability. The contracting authority shall prohibit any subcontracting to undertakings which are in the situation referred to in Article 53 and/or undertakings which do not meet the requirements laid down in Articles 54, 55 and 56.

Intellectual services, with the exception of translation and interpretation services and management and related services, may not be contracted out.

All requirements regarding the economic, financial and social performance of an economic operator shall apply to firms which carry out subcontracting.

Article 30

Service and works contracts: obligations relating to taxes, environmental protection, employment protection provisions and working conditions

1. In the procedures for awarding service and works contracts, the contracting authority shall state in the contract documents the body or bodies from which a tenderer may obtain the appropriate information on the obligations relating to taxes, environmental protection, employment protection provisions and the working conditions which are in force in the Member State, region or locality in which the services are to be provided or in which the works contract is to be performed and which shall be applicable to the services provided or the works carried out on site during the performance of the contract.

2.    Contractors shall be obliged to respect as a minimum standard the employment protection obligations, working conditions and labour law obligations, including collective as well as individual rights, arising from applicable labour legislation, judicial decisions and collective agreements which are deemed to be generally binding, provided that these are compatible with existing Community legislation and the general rules and principles of Community law, in particular the principle of equal treatment and non-discrimination.

3.    The provisions under paragraph 2 shall not prevent application of employment protection provisions and working conditions which are more favourable to workers provided that these are compatible with Community law.

   4 . The contracting authority which supplies the information referred to in paragraph 1 shall request the tenderers or those participating in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to employment protection provisions and the working conditions which are in force in the place where the service is to be provided or the works are to be carried out.

  The first subparagraph shall be without prejudice to the application of the provisions of Article 63 concerning the examination of abnormally low tenders.

CHAPTER V

Procedures

Article 31

Use of open, restricted and negotiated procedures

1. In awarding public contracts the contracting authorities shall apply the procedures defined in Article 1(7 ), in accordance with this Directive.

2.   Contracting authorities shall award their public contracts by the open procedure or by the restricted procedure.

3.   In the specific cases and under the specific conditions laid down in Articles 32 , 33 and 35 , they may use the negotiated procedure.

4.    Without prejudice to paragraphs 1, 2 and 3, where a contracting authority decides to invite the submission of tenders by electronic means, the contracting authority may decide to award the contract by a reverse auction as defined in Article 1(8).

  Article 32

Cases justifying use of the negotiated procedure with publication of a contract notice

Contracting authorities may award their public contracts by negotiated procedure, after publication of a contract notice, in the following cases:

1. In respect of public supply contracts, public service contracts and public works contracts:

  (a) in the event of irregular tenders or the submission of tenders which are unacceptable under national provisions compatible with the provisions of Articles 3, 28, 29, 30 and those of Chapter VII, in response to an open or restricted procedure, insofar as the original terms of the contract are not substantially altered.
   Contracting authorities may refrain from publishing a contract notice where they include in the negotiated procedure all the tenderers and only those tenderers who satisfy the criteria of Articles 53 to 60 and which, during the prior open or restricted procedure, have submitted tenders in accordance with the formal requirements of the tendering procedure.
(b) for the award of particularly complex public contracts, provided that the criterion for the award of the contract is that of the most economically advantageous tender, and provided that the procedure rules set out in Article 33 are complied with.
   A contract is considered to be particularly complex when the contracting authority

– is not objectively able to define the technical or other means of meetings its requirements, or

   is not objectively in a position to assess what the market can offer in terms of technical or financial solutions.
   2. In respect of public service contracts and public works contracts, in exceptional cases, when the nature of the services or works or the risks attaching thereto do not permit prior overall pricing.
   3. In respect of public supply or service contracts, when the nature of the tasks to be performed , in particular in the case of intellectual services , such as, for example, category 12 of Annex I A and services falling within category 6 of Annex I A, is such that contract specifications cannot be established with sufficient precision to permit the award of the contract by selecting the best tender according to the rules governing open or restricted procedures.
   4. In respect of public works contracts, for works which are performed solely for purposes of research, testing or development and not with the aim of ensuring profitability or recovering research and development costs.
   Article 33

Specific rules on particularly complex public contracts

1. In the case of particularly complex contracts within the meaning of Article 1(6) the contracting authorities shall publish a contract notice. This shall contain in particular:

(a)   as precise a description as possible of their requirements in respect of the work to be performed,

   (b) the estimated value of the contract,
   (c) the conditions which the economic operators must fulfil in order to be admitted to the award procedure in accordance with Article 50 and the selection criteria referred to in Articles 53 to 60,
   (d) the award criteria and their respective weighting,
   (e) an invitation to submit an outline solution.
   2. The outline solution shall be submitted within the time limit laid down in Article 42(3).

   Under Article 51 (2) the contracting authorities may decide to invite a restricted number of participants in the award procedure to take part in a competitive dialogue. In this case, they shall announce this in the contract notice and reduce the number of participants objectively on the basis of factors relating to the competences and expertise set out in the same notice in accordance with the provisions of Article 50(2), (4) and (6). The number of candidates invited to participate in the award procedure must be at least three, provided that sufficient candidates possess the necessary qualifications in terms of competence and expertise. The award criteria and their respective importance must be set out in the contract notice in accordance with point (b) of Article 62(1) and may not be altered in the course of the award procedure, subject to the provisions of paragraph 3.

3. The contracting authorities shall discuss, in a separate technical dialogue with each of the selected candidates, the technical means, designs and solutions best suited to meeting their needs. The contracting authorities may not disclose the proposed solutions and confidential information provided by candidates to other candidates or to third parties either during, or after the completion of, the procedure. If, in the course of the negotiations, the contracting authority deems it necessary to change the original requirements for the work in question specified in the contract notice, it must inform simultaneously and in writing all participants in the technical dialogue of any such change. The award criteria and their relative importance may not be amended unless they are no longer appropriate to the subject-matter of the contract as established in the light of the technical dialogue. Any proposed solutions submitted by candidates after that time shall be final. Any candidates who had submitted their proposed solutions before any such change was made must be given the opportunity to revise their position and draw up a fresh outline proposal if they wish.

4.   The contracting authority shall declare the technical dialogue closed after consulting all candidates. All proposed solutions submitted thereafter shall be final. Candidates shall be invited simultaneously, and in writing, to state the cost of their definitive outline proposal within ten days. The contracting authority shall assess the tenders, without negotiation, on the basis of the criteria established to determine the most economically advantageous tender.

5.   The contracting authority must make provision in the contract notice for participants to receive a monetary payment to compensate for any costs incurred. It shall be payable to all candidates whose outline proposals constitute feasible solutions. The amount of the monetary payment shall be indicated when candidates are invited to take part in the competitive dialogue, and must be such as to cover the average cost involved in preparing for and participating in the technical dialogue. If the contracting authority amends its requirements with regard to the work in question in the course of the technical dialogue, the compensatory payment shall be raised to take account of the additional work therefore incurred for candidates. The aggregate sum to be paid by way of compensation to all candidates shall be taken into account for the purpose of calculating the threshold values pursuant to Article 9 and must not exceed 15% of the estimated contract value set out in the contract notice.

   Article 34

Exclusive dialogue

1. In the case of contract award procedures whose objective is the creation of a public-private partnership, nothing in this Directive shall prevent the operation of paragraph 2.

2.    Where there are matters that cannot reasonably or cost-effectively be resolved prior to the receipt of tenders, those matters may be the subject of exclusive dialogue between the contracting authority and the tenderer that has submitted the most economically advantageous tender prior to the award of the contract. This exclusive dialogue may not substantially alter fundamental aspects of the most economically advantageous tender, distort competition or infringe the Treaty or the general principles of Community law.

  Article 35

Cases justifying use of the negotiated procedure without publication of a contract notice

Contracting authorities may award public contracts by a negotiated procedure without prior publication of a contract notice in the following cases:

1. As regards public supply contracts, public service contracts and public works contracts:

  (a) when no tenders or no suitable tenders have been submitted in response to an open procedure or restricted procedure, provided that the initial conditions of contract are not substantially altered and on condition that a report is sent to the Commission if it so requests;
   (b) when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator;
   (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable by the contracting authorities in question, the time-limit for the open, restricted or negotiated procedures with publication of a contract notice referred to in Article 32 cannot be kept. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority.
   2. As regards public supply contracts:
  (a) when the products involved are manufactured purely for the purpose of research, experiment, study or development, this provision does not extend to quantity production to establish commercial viability or to recover research and development costs;
   (b) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance: the length of such contracts as well as that of recurrent contracts may, as a general rule, not exceed three years.
   3. As regards public service contracts, when the contract concerned follows a design contest and shall, under the rules applying, be awarded to the successful candidate or to one of the successful candidates: in the latter case, all successful candidates shall be invited to participate in the negotiations.
   4. As regards public service contracts and public works contracts:
  (a) for additional services or works not included in the project initially considered or in the contract first concluded but which have, through unforeseen circumstances, become necessary for the performance of the services or works described therein, on condition that the award is made to the economic operator performing such services or works:
  - when such additional services or works cannot be technically or economically separated from the main contract without major inconvenience to the contracting authorities,
   or
- when such services or works, although separable from the performance of the original contract, are strictly necessary for its completion.
   However, the aggregate value of contracts awarded for additional services or works may not exceed 50% of the amount of the main contract.
Contractors may be entrusted directly with additional works not included in the initial project which have, through unforeseen circumstances, become necessary for the performance of the work when such additional works cannot be technically or economically separated from the main work without major inconvenience or when such works, although separable from the performance of the main work, are strictly necessary for its completion;

(b) for new services or works consisting of the repetition of similar services or works entrusted to the economic operator to whom the same contracting authorities awarded an earlier contract, provided that such services or works conform to a basic project for which a first contract was awarded according to the open or restricted procedures.

   As soon as the first project is put up for tender, the option of using this procedure shall be pointed out, and the total estimated cost of subsequent services or works shall be taken into consideration by the contracting authorities when they apply the provisions of Article 9 .
This procedure may be used only during the three years following the conclusion of the original contract.
Article 36

Framework agreements

1. Contracting authorities which have concluded a framework agreement within the meaning of Article 1(9 ) shall reopen competition between the parties to the framework agreement in accordance with the following procedure:

(a)  For every contract to be awarded, the contracting authorities shall consult all economic operators who are party to the framework agreement, in writing.

   (b) The contracting authorities shall fix a time-limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject of the contract and the time needed to send in tenders.
   (c) Tenders shall be submitted in writing, and their content shall remain confidential until the time-limit for reply has expired.
   (d) Contracting authorities shall award each contract to the tenderer who has submitted the best tender on the basis of the award criteria established in accordance with Article 62 .
   The procedure set out in the first subparagraph may be applied only between the contracting authority and the economic operators originally party to the framework agreement.

2. Where a contracting authority has not concluded a framework agreement within the meaning of Article 1(9 ), it shall award each contract falling within the scope of this Directive in accordance with the provisions thereof.

3.    Where contracting authorities choose to set up a qualification system in accordance with Article 52, the system shall be the subject of a notice drawn up in accordance with the standardised model in the Annexes to European Parliament and Council Directive .../…/EC [on coordinating the procurement procedures of entities operating in the water, energy and transport sectors] indicating the purpose of the qualification system and how to have access to the rules concerning its operation. The system shall not have a duration of less than five years.

   4 . Contracting authorities shall enter into framework agreements as defined in Article 1(9 ), with a minimum of three parties, where there is a sufficient number of economic operators satisfying the selection criteria.

  The term of these agreements may not exceed three years or, in exceptional, duly justified cases, five years. Contracting authorities may not use framework agreements improperly or in such a way as to restrict or to distort competition.

5. The agreements provided for in this Article shall not apply to intellectual services.

   The contracting authorities may conclude multiple framework agreements for the provision of translation and interpreting services.

For any given service, the contracting authorities must select the economic operator available to perform that service in accordance with the order of ranking.

6. Subject to the definition of framework contracts in Article 1(9), framework agreements shall not be admissible in the case of public works contracts.

   Article 37

Electronic auction

1. In cases where it is possible for the qualitative and quantitative characteristics of the object or service to be procured to be described so precisely that the only item still to be agreed is the price, the contracting authority may award the contract electronically by means of an auction using the open procedure. The contracting authority shall set a maximum price as the starting price, which tenderers may underbid. If the lowest offer is below the relevant threshold, this shall not affect the application of this Directive, provided that the starting price was above the threshold.

2.    The auction must be announced at least 15 days beforehand in the Official Journal of the European Communities. In addition, the provisions of Articles 39 to 41 shall apply.

3.    The auction shall continue for a minimum of seven days. Offers may be submitted throughout that period. The steps to be taken by tenderers shall be established by the contracting authority ex aequo et bono, by the beginning of the auction at the latest.

4.    The contract shall be awarded to the tenderer who has submitted the most advantageous offer while complying with the conditions laid down in Articles 53 to 57. If the tenderer submitting the most favourable offer is disqualified, the tenderer offering the next most advantageous offer shall be selected, subject to the provisions of this paragraph.

5.    If no bids are received, Article 31 shall apply.

   Article 38

Public works contracts: particular rules for public-private cooperation

In the case of public works which, for reasons of size, complexity, duration and/or financing, require collaborative project planning by a team comprising representatives of the contracting authorities, experts and the contractor to be responsible for carrying out the works, a special award procedure may be adopted for selecting the contractor most suitable for integration into the team.

In particular, contracting authorities shall include in the contract notice as accurate as possible a description of the works to be carried out so as to enable interested contractors to form a valid idea of the project. Furthermore, contracting authorities shall, in accordance with the selection criteria referred to in Articles 53 to 60 , set out in such a contract notice the personal, technical and financial conditions to be fulfilled by candidates.

Where such procedure is adopted, contracting authorities shall apply the common advertising rules relating to the restricted procedure and to the criteria for qualitative selection.

CHAPTER VI

Rules on advertising and transparency

Section 1

Publication of notices

Article 39

Notices

1. Contracting authorities shall make known, by means of an indicative notice:

(a)  In the case of public supply contracts, the total procurement by product area which they intend to award over the following twelve months, where the total estimated value, taking into account the provisions of Articles 9 and 12 , is equal to or greater than EUR 750 000.

   The product area shall be established by the contracting authorities by reference to the CPV nomenclature.
(b) In the case of public service contracts, the estimated total value of the service contracts in each of the categories of services listed in Annex I A which they intend to award over the following twelve months, where such estimated total value, taking into account the provisions of Articles 9 and 14 , is equal to or greater than EUR 750 000.
   (c) in the case of public works contracts, the essential characteristics of the works contracts which they intend to award, the value of which is equal to or greater than the threshold specified in Article 9 , taking into account the provisions of Article 14 .
   The notices referred to in (a) and (b) shall be sent as soon as possible after the beginning of their budgetary year.

The notice referred to in (c) shall be sent as soon as possible after the decision approving the planning of the works contracts that the contracting authorities intend to award.

The Commission shall determine the conditions of reference in the notice to particular positions of the nomenclature, in accordance with the procedure laid down in Article 85 (2).

2. Contracting authorities who wish to award a public contract by open, restricted or, under the conditions laid down in Article 32 , negotiated procedure, shall make known their intention by means of a contract notice or, where a qualification system is maintained in accordance with Article 52, by means of a notice on the existence of a qualification system.

3.   Contracting authorities which have awarded a public contract or a framework agreement within the meaning of Article 1(9 ) shall send a notice of the results of the award procedure no later than 48 days after the award of the contract or framework agreement.

  In the case of contracts awarded under a framework agreement within the meaning of Article 1(9 ), the contracting authorities are not bound to send a notice of the results of the award procedure for each contract based on that agreement.

In the case of public contracts for services listed in Annex I B, the contracting authorities shall indicate in the notice whether they agree to its publication. The Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 85 (2).

Certain information on the contract award or the contract award under a framework agreement may be withheld from publication where release of such information would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

Article 40

Form and manner of publication of notices

1. The notices shall be drawn up in accordance with the standard forms adopted by the Commission in accordance with the procedure in Article 85 (2), shall be published in the Official Journal of the European Communities and shall, at the least, specify the information indicated in Annex VII A.

  The contracting authorities may not set any conditions other than those specified in Articles 55 and 56 when requesting information concerning the economic, financial and technical standards which they require of economic operators for their selection.

2. In the case of framework agreements within the meaning of Article 1(9 ), the notices referred to in Article 39 (1) and (2) shall also be marked "framework agreement" and shall indicate the planned duration specifying, where appropriate, the grounds justifying duration of the framework agreement of more than three years, the expected number and where appropriate the maximum number of economic operators, the estimated total value of the supplies, services or works for the entire duration and, as a guideline, the value and frequency of the contracts to be awarded. It shall also indicate the objective criteria on which the choice of tenders is based, and the criteria governing the award of each contract under a reopened competition, such criteria being established in accordance with Article 62 .

3.   The notices shall be published in accordance with the technical specifications for publication set out in Annex VIII.

4.   Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication set out in Annex VIII shall be published not later than five days after they are sent.

  Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

In the case of the accelerated procedure referred to in Article 42(5) , this period shall be reduced to five days provided that the notice was sent by fax or by electronic means.

5. Contract notices referred to in Article 39 (2) shall be published in full in an official language of the Community, this language version constituting the sole authentic text. A summary of the important elements of each notice shall be published in the other official languages.

6.   The notices and their contents may not be made public at national level before the date on which they are sent in accordance with Annex VIII.

7.   Notices published at national level shall not contain information other than that contained in the notices dispatched in accordance with Annex VIII, but shall mention the date of that dispatch.

8.   The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

  The content of notices not sent by electronic means in accordance with the technical specifications for publication set out in Annex VIII shall be limited to approximately 650 words.

9. The contracting authorities shall be able to supply proof of the dates on which notices are dispatched.

  Article 41

Non-mandatory publication

Contracting authorities may publish in accordance with Annex VIII notices of public contracts which are not subject to the publication requirement laid down in this Section.

Section 2

Time-limits

Article 42

Requests to participate and receipt of tenders

1 . In the case of open procedures, the minimum time-limit for the receipt of tenders is 52 days from the date on which the contract notice was sent.

   2 In the case of restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 32 , the minimum time-limit for receipt of requests to participate shall be 40 days from the date on which the contract notice was sent .

   3 . When contracting authorities have published an indicative notice, the minimum time-limit for the receipt of tenders shall be 40 days .

  The period shall run from the date on which the contract notice was sent in open procedures, and from the date on which the invitation to tender was sent in restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 32 .

The shortened time-limits referred to in the first subparagraph shall be permitted, provided that the indicative notice has included all the information required in the model contract notice and was sent for publication between no less than 52 days and no more than twelve months before the date on which the contract notice was sent .

4 . If , for whatever reason, the contract documents and the supporting documents or additional information, although requested in good time, have not been supplied within the time-limits set in Article 43 , or where tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the contract documents, the time-limits for the receipt of tenders shall be extended so that they only apply once all economic operators concerned are aware of all the information needed to produce a tender.

   5. In the case of restricted procedures and negotiated procedures with publication of a contract notice referred to in Article 32 , where urgency renders impracticable the time-limits laid down in paragraphs 2 and 3 , contracting authorities may fix

(a)  a time-limit for the receipt of requests to participate which may not be less than 15 days from the date on which the contract notice was sent, or less than 10  days if the notice was sent by electronic means, in accordance with Annex VIII;

   (b) a time-limit for the receipt of tenders which shall be not less than 10 days from the date of the invitation to tender.
   These time-limits may not be used for particularly complex contracts awarded under the procedural rules laid down in Article 33 .

Article 43

Contract documents and additional information

1. Where contracting entities do not offer free direct access to the entire contract documents and any supporting documents by electronic means in accordance with Annex VIII, and where, in restricted and negotiated procedures with publication of a contract notice, the invitation to tender is not accompanied by such documents, the contract documents and supporting documents shall be sent to economic operators within six days of receipt of the request to participate, provided that the request was made in good time before the deadline for submission of tenders.

2.   Provided it has been requested in good time, additional information relating to the contract documents shall be supplied by the contracting authorities or competent departments not later than six days before the final date fixed for receipt of tenders. In the case of the accelerated form of restricted or negotiated procedures, the time-limit shall be four days.

  Section 3

Information content and means of transmission

Article 44

Means of transmission of requests to participate

1. Requests to participate in procedures for the award of public contracts may be made by electronic means, letter or fax.

2.   In the accelerated form of restricted and negotiated procedures, requests for participation shall be made by the most rapid means of communication possible.

3.   Requests to participate made by fax must be confirmed by letter or electronic means before the expiry of the time-limit set for their receipt.

   Article 45

Invitations to submit a tender or to negotiate

1. In restricted procedures and negotiated procedures with publication of a contract notice within the meaning of Article 32 , the contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders or to negotiate.

2.   The invitation to the candidates shall specify how the candidates can access the set of specifications and supporting documents made directly available by electronic means in accordance with Annex VIII.

  If this access is not provided, the invitation shall be accompanied by one copy of the specifications and supporting documents.

3. In the accelerated form of restricted and negotiated procedures, invitations to submit a tender shall be made by the most rapid means of communication possible.

4.   The invitation to submit tenders and the invitation to negotiate referred to in Article 32 must contain at least

(a)  where an entity other than the contracting authority responsible for the award procedure has the specifications and contract documents, the address from which those specifications and documents may be requested, the closing date for requesting such documents, the sum payable, if any, for obtaining them and any payment procedures;

   (b) in the case of particularly complex contracts under the rules laid down in Article 33 , the invitation to negotiate shall also specify the date set for the start of negotiation, the address at which the negotiation is to take place and the language or languages used for negotiating;
   (c) the final date for the receipt of the tenders, the address to which the tenders must be sent and the language or languages in which the tenders must be drawn up;
   (d) a reference to the contract notice published;
   (e) a reference to any documents to be submitted, either in support of verifiable declarations by the tenderer in accordance with the second subparagraph of Article 40 (1), or to supplement the information referred to in that Article, and under the conditions laid down in Articles 55 and 56 ;
   (f) the relative weighting of criteria for the award of the contract if, in exceptional cases referred to in the third subparagraph of Article 62 (2), this is not given in the contract notice;
   (g) any other specific condition for taking part in the tendering procedure that does not unduly discriminate between tenderers .
   Article 46

Informing candidates and tenderers

1. The contracting authority shall, within 15 days of the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender, and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

  However, contracting authorities may decide to withhold certain information on the contract award, referred to in the preceding subparagraph, where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

2. The contracting authorities shall as soon as possible inform candidates and tenderers of decisions reached concerning the award of the contract, including the grounds for any decision not to award a contract for which there has been a call for competition or to recommence the procedure, and shall do so in writing if requested.

   Article 47

Completion of award procedure

Award procedures shall be completed by the award of the contract or cancellation. Award procedures may be cancelled only if

(a) no tender has been received which fulfils the terms and conditions of the contract notice, or

   (b) there are other serious grounds which lie outside the powers of the contracting authority.
   Section 4

Communication

Article 48

Means of communication

1. All communication and information exchange mentioned in this Title may be performed by letter, fax or electronic means .

  Directives 1999/93/EC and 2000/31/EC shall apply to the transmission of information by electronic means.

A tender may be submitted by electronic means only if an advanced electronic signature within the meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used.

2 Communication and information exchange and the storage, holding and processing of information shall be carried out in such a way as to ensure that the integrity of data and the confidentiality of tenders and of all information supplied by economic operators are preserved, and that the contracting authorities only examine the content of tenders after the time-limit set for submitting them has expired.

3.   If tenders are submitted by electronic means, tenderers shall undertake to submit the documents, certificates, attestations and declarations mentioned in Articles 53 to 57 and 60 by any appropriate means by the day before the tenders are opened.

4.   Whichever means is chosen for submitting tenders may not have the effect of hampering the proper functioning of the internal market.

5.    Contracting authorities shall provide to tenderers on request a certificate from an accredited third party certifying that they have in place adequate measures to safeguard the confidentiality of tenderers' information during transmission and after receipt.

  Section 5

Reports

Article 49

Content of reports

For every contract the contracting authorities shall draw up a written report which shall include at least the following:

(a) the name and address of the contracting authority, the subject and value of the contract;

   (b) the names of the candidates or tenderers admitted and the reasons for their selection;
   (c) the names of the candidates or tenderers rejected and the reasons for their rejection;
   (d) the reasons for the rejection of tenders found to be abnormally low;
   (e) the name of the successful tenderer and the reasons why his tender was selected and, if known, the share of the contract which the successful tenderer intends to subcontract to third parties;
   (f) for negotiated procedures, the circumstances referred to in Articles 32 and 35 which justify the use of these procedures;
   (g) if necessary, the reasons why the contracting authority has decided not to award a contract.
   The report, or the main features of it, shall be communicated to the Commission if it so requests.

CHAPTER VII

Conduct of the procedure

Section I

General provisions

Article 50

Selection of participants and award of contracts

1. Contracts shall be awarded on the basis of the criteria laid down in Section 3, taking into account Article 28 , after the suitability of the economic operators not excluded under Articles 53 and 54 has been checked by contracting authorities in accordance with the criteria of economic and financial standing and of professional and technical knowledge or ability referred to in Articles 55 to 60 .

2.   Under Section 2, the contracting authorities may determine the level of capacity and experience required for a specific contract. A lack of experience may be offset by evidence of special capacity.

3.   Tenderers, in the case of open procedures, and candidates, in the case of restricted and negotiated procedures, may not be excluded from the award procedure on the basis of selection criteria and/or levels of capacity and experience not specified in the contract notice.

4.   Where contracting authorities decide, in a restricted or negotiated procedure with publication of a contract notice, to limit the number of candidates to be invited to submit tenders within the maximum number or range specified in Article 51 , they  shall do so on the basis of objective criteria established in accordance with paragraph 2.

These   criteria shall be set out in the contract notice.

5. Contracting authorities shall eliminate any tenderer, in the case of open procedures, and any candidate, in the case of restricted and negotiated procedures, not meeting the selection criteria or possessing the capacity and experience levels set in advance.

6.   The extent of the information referred to in Articles 55 and 56 and the capacity level required for a specific contract shall be proportionate to the subject-matter of the contract. In handling this information contracting authorities are obliged, during and after the contracting procedure, to respect technical or trade secrets, the confidentiality of tenders and outline solutions and any other confidential information communicated by the economic operator.

   Article 51

Further rules governing restricted and negotiated procedures

1. In restricted and negotiated procedures the contracting authorities shall, on the basis of information given relating to the economic operator's personal position as well as to the information and formalities necessary for the evaluation of the minimum conditions of an economic and technical nature to be fulfilled by him, select from among the candidates with the qualifications required by Section 2 those whom they will invite to submit a tender or to negotiate.

2.   Where contracting authorities award a contract by restricted procedure and by negotiated procedure with publication of a contract notice, namely in those cases referred to in Article 32 , they may prescribe the minimum number of candidates which they intend to invite to submit a tender or negotiate. This minimum number shall be five candidates in restricted procedures and three in negotiated procedures. They may also set a maximum number of candidates which they intend to invite to submit a tender provided that this maximum number is fixed in such a way that competition is not restricted. Any numbers set shall be indicated in the contract notice.

   Article 52

Qualification systems

1. Contracting authorities which so wish may establish and operate a system of qualification of economic operators.

   Authorities which establish or operate a system of qualification shall ensure economic operators are at all times able to request qualification.

2. The system under paragraph 1 may involve different qualification stages.

   It shall be operated on the basis of objective criteria and rules to be established by the contracting authority.

Where those criteria and rules include technical specifications, the provisions of Article 27 shall apply. The criteria and rules may be updated as required.

3. The criteria and rules for qualification referred to in paragraph 2 shall be made available to economic operators on request. The updating of these criteria and rules shall be communicated to the interested economic operators. Where a contracting authority considers that the qualification system of certain other authorities or bodies meets its requirements, it shall communicate to interested economic operators the names of such other authorities or bodies.

4.    A written record of qualified economic operators shall be kept; it may be divided into categories according to the type of contract for which the qualification is valid.

5.    When a notice on the existence of a qualification system has been published in accordance with Article 39(2), tenderers in a restricted procedure or participants in a negotiated procedure shall be selected from the qualified candidates in accordance with such a system.

  Section 2

Criteria for qualitative selection

Article 53

Personal situation of the candidate or tenderer

1. Any economic operator shall be excluded from participation in the contract who, at any time during a five-year period preceding the start of the contract award procedure, has been convicted by definitive judgment:

(a)  of having committed a serious offence by participating in the activities of a criminal organisation, defined as a structured association established over a period of time and operating in a concerted manner to achieve financial advantage and, where appropriate, to influence unduly the functioning of public authorities;

   (b) of corruption, that is to say, of having promised, offered or given, whether directly or via third parties, a benefit of whatever kind to a civil servant or public agent of a Member State, a third country or an international organisation or to any person for the benefit of that person or a third party, with the intention that such person will carry out or refrain from carrying out any act in breach of his professional obligations;
   (c) of fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities established by the Council Act of 26 July 1995(20) ;
   (d) of money laundering within the meaning of Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (21) .
   (e) of fraudulent or other forms of dishonest anti-competitive behaviour in connection with the award of public contracts in the common market;
   (f) following non-compliance with rules and legislation on collective agreements and other employment-related and social aspects in the country in which they are established or in another relevant country (e.g. that of the previous client);
   (g) of a drugs-related offence within the meaning of Article 3(1)(a) of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted on 19 December 1988 in Vienna;
   2. Any economic operator may be excluded from participation in the contract who :

(    a ) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for composition with creditors or of any other similar proceedings under national laws and regulations;

   ( b ) has been convicted by definitive judgment, pursuant to the law of the Member State in question, of any offence concerning his professional conduct;
   ( c ) has been guilty of grave professional misconduct, including the violation of international core labour standards as defined in Annex XI and infringement of fundamental European legislation relating to employment protection and working conditions, proven by any means which the contracting authorities can demonstrate;
   ( d ) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
   (e) has not fulfilled employment protection obligations towards workers and labour law obligations towards their representatives in accordance with the applicable legal provisions, including those in legislation, collective agreements and contracts; in order to justify exclusion from tender procedures, such non-compliance must have been established by definitive judgment handed down by an ordinary court; such exclusion, and the duration thereof, may not be disproportionate to the importance of the offence;
   (f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of countries concerned;
   (g) is guilty of serious misrepresentation in supplying the information required under this Section;
   (h) has been convicted by a judgment of failing, or can be shown by the competent national authority to have failed, to meet his obligations with regard to the health and safety of workers in relation to Community law or the legislation of the countries in question.
   3. Economic operators who are bankrupt or are being wound up, whose affairs are being administered by the court, who have entered into an arrangement with creditors, who have suspended business activities or who are in any analogous situation arising from a similar procedure under national laws and regulations shall be excluded from participation in the award procedure.

   4 . Where the contracting authority requests the economic operator to provide proof that none of the cases quoted in paragraph 1 and points (a), (b), (d ), (f) or (h) of paragraph 2 applies to him, it shall accept as sufficient evidence:

(a)  for paragraph 1 and points (a) (b) and (h) of paragraph 2, the production of an extract from the 'judicial record' or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin in the country whence that person comes showing that these requirements have been met;

   (b) for points (d ) or (f) of paragraph 2, a certificate issued by the competent authority in the Member State concerned.
   5 . Where the country in question does not issue the documents or certificates referred to in paragraph 4 , or where these do not cover all the cases quoted in paragraph 1 and points (a) or (b) of paragraph 2, they may be replaced by a declaration on oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country from which that person comes.

   6 . Member States shall designate the authorities and bodies competent to issue the documents, certificates or declarations referred to in paragraphs 4 and 5 and shall forthwith inform the other Member States and the Commission thereof.

   Article 54

Suitability to pursue the professional activity

Any economic operator wishing to take part in a public contract may be requested to prove his enrolment, as prescribed in his country of establishment, in one of the professional or trade registers or to provide a declaration on oath or certificate as described in Annex IX A for public supply contracts, in Annex IX B for public service contracts and in Annex IX C for public works contracts.

In procedures for the award of public service contracts insofar as candidates for a public contract or tenderers have to possess a particular authorisation or to be members of a particular organisation in their home country in order to be able to perform the service concerned, the contracting authority may require them to prove that they hold such authorisation or membership.

Article 55

Economic and financial standing

1. Proof of the economic operator's economic and financial standing may, as a general rule, be furnished by one or more of the following references:

(a)  appropriate statements from banks or evidence of relevant professional risk indemnity insurance;

   (b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
   (c) a statement of the undertaking's overall turnover.
   2. Contracting authorities shall specify, in the contract notice or in the invitation to tender, which reference or references mentioned in paragraph 1 they have chosen and which other references they intend to obtain.

3.   If, for any valid reason, the economic operator is unable to provide the references requested by the contracting authority, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate.

   Article 56

Technical and/or professional capability

1. The technical and/or professional capabilities of the economic operators shall be assessed and examined in accordance with paragraphs 2, 3 and 4.

2.   In the procedures for awarding public supply contracts, evidence of the supplier's technical capability may be furnished by one or more of the following means according to the nature, quantity and purpose of the products to be supplied:

(a)  a list of the principal deliveries effected in the past three years, with the sums, dates and recipients, public or private, involved:

   where the supplies are made to public authorities, evidence of delivery shall be in the form of certificates issued or countersigned by the competent authority;
   where the supplies are to private purchasers, delivery shall be certified by the purchaser or, failing this, simply declared by the supplier to have been effected;
   (b) a description of the supplier's technical facilities, his measures for ensuring quality, environmental protection and protection of the health and safety of workers, and his study and research facilities;
   (c) indication of the technicians or technical bodies involved, whether or not belonging directly to the supplier, especially those responsible for quality control, environmental management and protection of the health and safety of workers ;
   (d) samples, description and/or photographs of the products to be supplied, the authenticity of which must be certified if the contracting authority so requests;
   (e) certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards;
   (f) where the products to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier is established, subject to that body's agreement, on the production capacities of the supplier and if necessary on his study and research facilities and quality control measures.
   3. In the procedures for awarding public service contracts, the ability of service providers to perform services may be evaluated in particular with regard to their skills, efficiency, experience and reliability.

  Evidence of the service provider's technical capability may be furnished by one or more of the following means according to the nature, quantity and purpose of the services to be provided:

(a) the service provider's educational and professional qualifications and/or those of the firm's managerial staff and, in particular, those of the person or persons responsible for providing the services;

   (b) a list of the principal services provided in the past three years, with the sums, dates and recipients, public or private, of the services provided:
   where the services are provided to contracting authorities, evidence of their performance shall be in the form of certificates issued or countersigned by the competent authority;
   where they are provided to private purchasers, their performance shall be certified by the purchaser or, failing this, simply declared by the service provider to have been effected;
   (c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the service provider, especially those responsible for quality control, environmental management or the health and safety of workers ;
   (d) a statement of the service provider's average annual manpower and the number of managerial staff for the last three years;
   (e) a statement of the tools, plant or technical equipment available to the service provider for carrying out the services;
   (f) a description of the service provider's measures for ensuring quality and his study and research facilities;
   (g) where the services to be provided are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authority or on its behalf by a competent official body of the country in which the service provider is established, subject to that body's agreement, on the technical capacities of the service provider and, if necessary, on his study and research facilities and quality control measures;
   (h) an indication of the proportion of the contract which the service provider may intend to sub-contract.
   4. In the procedures for awarding public works contracts, evidence of the contractor's technical capability and reliability may be furnished by:

(a)   the contractor's educational and professional qualifications and/or those of the firm's managerial staff, and, in particular, those of the person or persons responsible for carrying out the works;

   (b) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works; the certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed; where necessary, the competent authority shall submit these certificates to the contracting authority direct;
   (c) a statement of the tools, plant and technical equipment available to the contractor for carrying out the work;
   (d) a statement of the firm's average annual manpower and the number of managerial staff for the last three years;
   (e) a statement of the technicians or technical divisions which the contractor can call upon for carrying out the work, whether or not they belong to the firm;
   (f) a description of the contractor's environmental management practices.
   5. The contracting authority shall specify, in the notice or in the invitation to tender, which references under paragraphs 2, 3 and 4 it wishes to receive.

   Article 57

Quality assurance standards

Should contracting authorities require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain quality assurance standards, they shall refer to quality assurance systems based on the relevant European standards series certified by bodies conforming to the European standards series concerning certification. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators who have no access to such certificates or no possibility of obtaining them within the relevant time-limits.

Article 58

Environmental management standards

Should contracting authorities require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain environmental management standards, they shall refer to the Community Eco-Management and Audit Scheme (EMAS) or to environmental management standards based on the relevant European or international standards certified by bodies conforming to Community law or the relevant European or international standards concerning certification. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from economic operators who have no access to such certificates or no possibility of obtaining them within the relevant time-limits.

Article 59

Additional documentation and information

Within the limits of Articles 53 to 56 the contracting authority may invite the economic operators to supplement the certificates and documents submitted or to clarify them.

Article 60

Official lists of approved economic operators

1. Member States which have official lists of approved suppliers, approved service providers or approved contractors shall adapt them to Article 53 (1), points (a) to (d) and (g) of Article 53 (2), to Articles 54 and 55 , and to Article 56 (2), in the case of suppliers, Article 56 (3) in the case of service providers, and Article 56 (4) in the case of contractors.

2.   Economic operators registered in the official lists may, for each contract, submit to the contracting authority a certificate of registration issued by the competent authority. The certificate shall state the reference which enabled them to be registered in the list and the classification given in that list.

3.   Certified registration in official lists of approved suppliers by the competent bodies shall not, for the purposes of the contracting authorities of other Member States, constitute a presumption of suitability except as regards Article 53 (1) and points (a) to (d) and (g) of Article 53 (2), Article 54 , points (b) and (c) of Article 55(1) and point (a) of Article 56 (2).

  Certified registration in official lists of service providers by the competent bodies shall not constitute, for the purposes of the contracting authorities of other Member States, a presumption of suitability corresponding to the service provider's classification except as regards Article 53 (1) and points (a) to (d) and (g) of Article 53 (2), Article 54 , points (b) and (c) of Article 55 (1) and point (a) of the second subparagraph of Article 56 (3).

Certified registration of a contractor in the official lists by the competent bodies shall not, for the contracting authorities of other Member States, constitute a presumption of suitability for works corresponding to the contractor's classification except as regards Article 53 (1) and points (a) to (d) and (g) of Article 53 , Article 54 , points (b) and (c) of Article 55 (1) and points (b) and (d) of Article 56 (4).

4. Information which can be deduced from registration in official lists may not be questioned. However, with regard to the payment of social security contributions, an additional certificate may be required of any registered economic operator whenever a contract is offered.

  The contracting authorities of other Member States shall apply paragraph 3 and the first subparagraph of this paragraph only in favour of economic operators established in the country holding the official list.

5. For any registration of economic operators of other Member States in an official list, no further proof or statements can be required other than those requested of national economic operators and, in any event, only those provided for under Articles 53 , 54 , 55 , 56 and 57 , and Article 56 (2 ), in the case of suppliers, Article 56 (3 ), in the case of service providers, or Article 56 (4 ), in the case of contractors.

6.   Member States which have official lists shall be obliged to inform the other Member States of the address of the body to which applications for registration should be sent.

   Article 61

Private law certification bodies

In order to ensure achievement of the objectives referred to in Articles 1, 2 and 3, Member States may make provision for the check on the requirements referred to in Articles 53, 54, 55, 56 and 57 to be carried out by specifically authorised certification bodies established in private law.

Section 3

The award of the contract

Article 62

Contract award criteria

1. Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which the contracting authorities shall base the award of contracts shall be:

(a)  either the lowest price only; or

   (b) when award is made to the most economically advantageous tender, various criteria linked to the subject of the public contract in question: for example, quality, price, technical merit, aesthetic and functional characteristics, running costs, environmental characteristics , including those relating to production methods, cost-effectiveness, after-sales service and technical assistance, delivery date and delivery period or period of completion, the tenderer's equal treatment policy .
   2. In the case referred to in point (b) of paragraph 1, the contracting authority shall specify the selection criteria in order of importance .

(a)   in the contract notice or in the contract documents in the case of open procedures;

   (b) in the contract notice in the case of restricted and negotiated procedures .
   In restricted and negotiated procedures, the contracting authority may, exceptionally, and in duly justified cases, state this order of importance of the criteria in the contract documents or in the invitation to tender. Under the same conditions and in the case of particularly complex contracts awarded under the procedural rules laid down in Article 33 , this order of importance shall be stated in the invitation to negotiate.

Article 63

Abnormally low tenders

If, for a given contract, tenders appear to be abnormally low, the contracting authority 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, after due hearing of the parties, those constituent elements taking account of the explanations received.

The contracting authority shall take into consideration explanations relating to:

(a) the economics of the manufacturing process, of the services provided and of the construction method;

   (b) the technical solutions chosen and/or the exceptionally favourable conditions available to the tenderer for the supply of the goods and services, and the execution of the work;
   (c) the originality of the supplies, services or work proposed by the tenderer;
   (d) the fulfilment of obligations relating to employment protection provisions and working conditions by the tenderer and subcontractors in the performance of the contract, including - in the case of supply of goods and services originating from third countries – compliance with internationally agreed core labour standards referred to in Annex XI in their production .
   Where the contracting authority establishes that a tender is abnormally low on grounds that the tenderer has obtained a State aid, the tender can only be rejected after consultation with the tenderer where the latter is unable to prove, within a sufficient timeframe fixed by the  contracting authority, that the aid in question was notified to the Commission under Article 88(3) of the Treaty and authorised. Where the contracting authority rejects a tender in these circumstances, it shall inform the Commission of that fact.

TITLE III

Granting of special or exclusive rights

Article 64

Compulsory stipulation

When a contracting authority grants to a body other than a contracting authority – regardless of its legal status – special or exclusive rights to engage in a public service activity, the instrument granting this right shall stipulate that the body in question must observe the rules and principles of the Treaty when awarding public supply contracts to third parties.

TITLE IV

Rules governing service design contests

Article 65

General provisions

1. The rules for the organisation of the contests shall be in conformity with Articles 65 to 72 and shall be communicated to those interested in participating in the contest.

2.   The admission of participants to design contests shall not be limited:

(a)  by reference to the territory or part of the territory of a Member State,

   (b) on the grounds that, under the law of the Member State in which the contest is organised, they would have been required to be either natural or legal persons.
   Article 66

Scope

1. In accordance with the provisions laid down in this Title, design contests shall be organised by:

(a)  contracting authorities which are listed as central government authorities in Annex IV, where the value is equal to or greater than EUR 130 000;

   (b) contracting authorities not listed in Annex IV, where the value is equal to or greater than EUR 200 000.
   2. The provisions of this Title shall apply to:

(a)   design contests organised as part of a procedure leading to the award of a public service contract;

   (b) design contests with prizes and/or payments to participants.
   In the cases referred to in point (a), the threshold refers to the estimated value net of VAT of the services.

In the cases referred to in point (b), the threshold refers to the total amount of the prizes and payments.

Article 67

Exclusions from the scope

This Title shall not apply to:

1. service contests within the meaning of Directive .../.../EC [on coordinating the procurement procedures of entities operating in the water, energy and transport sectors] which are organised by contracting authorities exercising one or more of the activities referred to in Articles 3 to 6 of that Directive and are awarded for the pursuit of such activities; nor shall it apply to contests excluded from the scope of that Directive under Articles 5(2) and 63 thereof;

   2. contests organised for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services.
   3. contests which are subject to different procedural rules and granted under:
  (a) an international agreement concluded in conformity with the Treaty, between a Member State and one or more non-member countries and covering services intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;
   (b) an international agreement relating to the stationing of troops and concerning undertakings in a Member State or a third country;
   (c) the particular procedure of an international organisation.
   Article 68

Notices

1. Contracting authorities who wish to carry out a design contest shall make known their intention by means of a contest notice.

2.   Contracting authorities who have held a design contest shall send a notice of the results of the award procedure in accordance with Annex VIII and must be able to prove the date of dispatch.

Where   the release of information on the outcome of the contest would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of a particular enterprise, public or private, or might prejudice fair competition between service providers, such information need not be published.

3. Contracting authorities may publish in accordance with Annex VIII notices of contests which are not subject to the publication requirement laid down in this Title.

   Article 69

Form and manner of publication of notices

1. The notices shall be drawn up in accordance with the standard model notices adopted by the Commission in accordance with the procedure in Article 85 (2) and shall specify, at least, the information indicated in Annex VII B.

2.   The notices shall be published as provided in Annex VIII.

3.   Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than five days after they are sent.

  Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

4. Contracting authorities shall be responsible for the information they send for publication, and for ensuring that this information complies with the provisions of this Title.

5.   The design contest notices referred to in Article 68 (1) shall be published in full in an official language of the Community, this language version constituting the sole authentic text. A summary of the important elements of each notice is published in the other official languages.

6.   The notices and their contents may not be made public at national level before the date of their dispatch in accordance with Annex VIII.

7.   Notices published at national level shall not contain information other than that contained in the notices sent in accordance with Annex VIII and must state the date of dispatch of the latter.

8.   The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

  Notices which are not sent electronically in accordance with the technical specifications for publication given in Annex VIII shall be limited to around 650 words in length.

Article 70

Means of communication

1. All communication and information exchange mentioned in this Title may be performed by letter, fax or electronic means .

2.    A tender may be submitted by electronic means only if an advanced electronic signature within the meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used.

   3 . The communication and information exchange and the storage, holding and processing of information covered by this Title shall be carried out in such a way as to ensure that the integrity and confidentiality of all information supplied by service providers are preserved, and that the contracting authorities may only examine the content of plans and projects after the time-limit set for submitting these has expired.

   4 . If plans and designs are submitted by electronic means, participants in design contests shall undertake to submit any documents, certificates, attestations and declarations required by the contracting authorities by any appropriate means not later than the day before the plans and designs are examined by the jury.

   5 . Whichever means is chosen for submitting plans and projects may not have the effect of hampering the proper functioning of the internal market.

   Article 71

Selection of competitors

Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear and non-discriminatory selection criteria. In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.

Article 72

Composition and decisions of the jury

The jury shall be composed exclusively of natural persons who are independent of participants in the contest. Where a particular professional qualification is required from participants in a contest, at least a third of its members of the jury shall have that qualification or its equivalent.

The jury shall be autonomous in its decisions or opinions. These shall be reached on the basis of projects submitted anonymously and solely on the grounds of the criteria indicated in the contest notice.

TITLE V

Rules on concessions

CHAPTER I

Rules governing public works concessions

Article 73

Scope

The provisions under this Chapter shall apply to all public works concession contracts concluded by the contracting authorities where the value of the contracts is equal to or greater than EUR 5 300 000.

Article 74

Exclusions from the scope

The provisions of this Title shall not apply to public works concessions:

1. which are principally for the purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide one or more public telecommunications services;

   2. which are declared secret or when their execution 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;
   3. which are subject to different procedural rules and granted under:
  (a) an international agreement concluded in conformity with the Treaty, between a Member State and one or more non-member countries and covering works intended for the joint implementation or exploitation of a project by the signatory States; all agreements shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;
   (b) an international agreement relating to the stationing of troops and concerning the undertakings in a Member State or a third country;
   (c) the particular procedure of an international organisation.
   Article 75

Publication of the notice

1. Contracting authorities who wish to award a works concession contract shall make known their intention by means of a notice.

2.   The notice shall be drawn up in accordance with the standard forms adopted by the Commission in accordance with the procedure in Article 85 (2) and shall specify at least the information indicated in Annex VII C.

3.   The notice shall be published as provided in Annex VIII.

4.   Notices drawn up and transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than five days after they are sent.

  Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex VIII shall be published not later than 12 days after they are sent.

5. Contracting authorities shall be responsible for the information they send for publication, and for ensuring that this information complies with the provisions of this Directive and must be able to supply proof of the date of dispatch.

6.   The notice shall be published in full in an official language of the Community, that language version constituting the sole authentic text. A summary of the important elements of the notice shall be published in the other official languages.

7.   The notices and their contents shall not be made public at national level before the date of dispatch in accordance with Annex VIII. Notices published at national level shall not contain information other than that contained in the notices sent in accordance with Annex VIII and must state the date of dispatch of the latter.

8.   The costs of publishing notices in accordance with Annex VIII shall be borne by the Community.

  Notices which are not sent electronically in accordance with the technical specifications for publication given in Annex VIII shall be limited to around 650 words in length.

9. Contracting authorities may publish in accordance with Annex VIII notices of concessions which are not subject to the publication requirement laid down in this Chapter.

   Article 76

Time-limit for the submission of applications

When contracting authorities resort to a public works concession, the time-limit for the presentation of applications for the concession shall be not less than 52 days from the date of dispatch of the notice.

Article 77

Subcontracting

The contracting authority may:

(a) either require the concessionaire to award contracts representing a minimum of 30% of the total value of the work for which the concession contract is to be awarded, to third parties, at the same time providing the option for candidates to increase this percentage, this minimum percentage being specified in the concession contract; or

   (b) request the candidates for concession contracts to specify in their tenders the percentage, if any, of the total value of the work for which the concession contract is to be awarded which they intend to assign to third parties.
   CHAPTER II

Rules on contracts awarded by concessionaires

Article 78

Rules applicable when the concessionaire is a contracting authority

When the concessionaire is a contracting authority as referred to in Article 1(5), he shall comply with the provisions laid down by this Directive for public works contracts in the case of works to be carried out by third parties.

Article 79

Rules applicable when the concessionaire is not a contracting authority

When the concessionaire is not a contracting authority as referred to in Article 1(5), he shall comply with the provisions in Articles 80 to 82 for contracts which he awards with third parties.

Article 80

Advertising rules: threshold and exceptions

1. The Member States shall take the necessary measures to ensure that public works concessionaires apply the advertising rules defined in Article 81 when awarding works contracts to third parties when the value of such contracts is equal to or greater than EUR 5 300 000.

  Advertising shall not, however, be required when a works contract satisfies the conditions listed in Article 35 .

2. Groups of undertakings that have been formed to obtain the concession or undertakings related to them shall not be considered third parties.

  "Related undertaking" shall mean any undertaking on which the concessionaire can exert a dominant influence, directly or indirectly, or any undertaking which can exert a dominant influence on the concessionaire or which, as the concessionaire, is subject to the dominant influence of another undertaking as a result of ownership, financial participation or the rules which govern it. A dominant influence on the part of a firm is presumed when, directly or indirectly, in relation to another firm, it:

(a) holds a majority of the undertaking's subscribed capital; or

   (b) controls a majority of the votes attached to the shares issued by the undertaking; or
   (c) can appoint more than half of the undertaking's administrative, management or supervisory body.
   The restrictive list of undertakings shall be included in the application for the concession. This list shall be brought up to date following any subsequent changes in the relationship between the undertakings.

Article 81

Publication of the notice

1. Works concessionaires who wish to award works contracts to a third party shall make known their intention by way of a notice.

2.   The notice shall be drawn up in accordance with the standard form in accordance with the procedure in Article 85 (2) and shall specify at least the information indicated in Annex VII D.

3.   The notice shall be published in accordance with the provisions laid down in Article 75 (2) to (8).

4.   Article 75 (9) on the voluntary publication of notices shall apply.

   Article 82

Time-limit for the receipt of requests to participate and receipt of tenders

In works contracts awarded by a works concessionaire, the time-limit for the receipt of requests to participate, fixed by the concessionaire, shall be not less than 37 days from the date on which the contract notice was dispatched, and the time-limit for the receipt of tenders not less than 40 days from the date on which the contract notice or the invitation to tender was dispatched.

TITLE VI

Statistical duties, executory powers and final provisions

Article 83

Statistical duties

In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report, prepared in accordance with Article 84 , separately addressing public supply, services and works contracts awarded by contracting authorities during the preceding year, not later than 31 October each year.

Article 84

Content of statistical report

1. For each contracting authority listed in Annex IV, the statistical report shall detail at least:

(a)  the number and value of contracts awarded;

   (b) the number and total value of contracts awarded pursuant to derogations to the Agreement.
   As far as possible, the data referred to in point (a) of the first subparagraph shall be broken down by:

(a) the contract award procedures used,

   (b) and, for each of these procedures, according to category:
   of products identified using the CPV nomenclature,
   of services identified using the nomenclature given in Annex I,
   of works identified using the nomenclature given in Annex II.
   (c) the nationality of the economic operator to whom the contract was awarded.
   Where the contracts have been concluded according to the negotiated procedure, the data referred to in point (a) of the first subparagraph shall also be broken down according to the circumstances referred to in Articles 32 and 35 and shall specify the number and value of contracts awarded by the Member State and non-member country of the successful contractor.
2. For each category of contracting authority which is not given in Annex IV, the statistical report shall detail at least:

(a)   the number and value of the contracts awarded, broken down in accordance with the second subparagraph of paragraph 1;

   (b) the total value of contracts awarded pursuant to derogations to the Agreement.
   3. The statistical report shall set out any other statistical information, which is required under the Agreement.

  The information referred to in the first subparagraph shall be determined pursuant to the procedure under Article 85 (2).

Article 85

Advisory Committee

1. The Commission shall be assisted by the Advisory Committee for Public  Contracts  instituted by Article 1 of Council Decision 71/306/EEC(22) (hereinafter "the Committee").

2.   Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

3.   The Committee shall examine, on the initiative of the Commission or at the request of a Member State, any question relating to the application of this Directive.

   Article 86

Revision of the thresholds

1. The Commission shall revise, in accordance with the procedure laid down in Article 85 (2), the thresholds established in Article 9 , every two years from 1 January ..., where such revision is necessary in order to ensure compliance with the thresholds in force as laid down by the Agreement, which are expressed in Special Drawing Rights (SDR).

  The calculation of the value of these thresholds shall be based on the average daily value of the euro, expressed in SDR, over the 24 months terminating on the last day of August preceding the revision with effect from 1 January. The value of the thresholds thus revised shall, where necessary, be rounded down to the nearest ten thousand euro.

2. At the same time as the revision under paragraph 1, the Commission, in accordance with the procedure under Article 85 (2), shall align:

(a)  the thresholds established in the first paragraph of Article 10 (subsidised contracts), in Article 73 (concessions), and in Article 80(1) (contracts awarded by the concessionaire) on the revised threshold applying to public works contracts;

   (b) the thresholds established in the second paragraph of Article 10 (subsidised services, and point (a) of Article 66 (1) (contests organised by central government authorities) on the revised threshold applying to public service contracts concluded by the contracting authorities referred to in Annex IV;
   (c) the threshold established in point (b) of Article 66(1) (service contracts awarded by contracting authorities other than central government authorities), on the revised threshold applying to public service contracts awarded by the contracting authorities not included in Annex IV.
   3. The value of the thresholds set pursuant to paragraph 1 in the national currencies of the Member States who are not participating in monetary union is normally to be adjusted every two years from 1 January 2002 onwards. The calculation of such value shall be based on the average daily values of those currencies expressed in euro over the 24 months terminating on the last day of August preceding the revision with effect from 1 January.

4.   The revised thresholds referred to in paragraph 1 and their corresponding values in the national currencies referred to in paragraph 3 shall be published by the Commission in the Official Journal of the European Communities at the beginning of the month of November following their revision.

   Article 87

Amendments

1. In accordance with the procedure referred to in Article 85 (2), the Commission may amend :

(   a) the lists of bodies and categories of bodies governed by public law in Annex III, when, in particular on the basis of the notifications from the Member States, amendments appear necessary;

   ( b ) the lists of central government authorities in Annex IV, following any adaptations which might prove necessary subsequent to the agreements concluded within the World Trade Organisation ;
   2. In accordance with the procedure laid down in Article 85 (2), the Commission shall examine the application of this Directive to public service contracts and evaluate, in particular, the prospects for the full application of the Directive to procurement of the other services listed in Annex I B and the effects of in-house performance of services on the effective opening-up of procurement in this area. It shall make any necessary proposals to adapt the Directive accordingly.

  Article 88

Implementation

Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 30 June 2002 at the latest. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 89

Repeals

Directives 93/36/EEC, 92/50/EEC and 93/37/EEC are repealed with effect from the date shown in Article 88 , without prejudice to the obligations of the Member States concerning the deadlines for transposition and application set out in Annex XII .

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XIII .

Article 90

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 91

Monitoring mechanisms

Member States shall be required to establish effective, open and transparent mechanisms to ensure implementation of this Directive by contracting authorities operating within their jurisdiction.

These mechanisms may include, inter alia, the establishment of an independent Public Procurement Agency with the powers to monitor contracting processes, to ensure that all stages of a contract award are properly completed and to intervene, as appropriate, where the procedures required by this Directive are not being followed. The independent agency should be given powers to enforce compliance, including, inter alia, the setting aside of contract awards or the re-opening of a contracting process. These powers should be subject to an independent appeals procedure open to contracting authorities and potential suppliers and should not preclude the right of contracting parties to take legal action.

Article 92

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

SERVICES REFERRED TO IN ARTICLE 1(2), SECOND SUBPARAGRAPH

ANNEX I A

Category No

Subject

CPC Reference No

CPV Reference No

1

Maintenance and repair services

6112, 6122, 633, 886

50000000, 50100000, 50110000, 50111110, 50112000, 50112100, 50112110, 50112111, 50112120, 50112200, 50112300, 50113000, 50113100, 50113200, 50114000, 50114100, 50114200, 50115000, 50115100, 50115200, 50116000, 50116100, 50116200, 50116300, 50116400, 50116500, 50116510, 50116600, 50117000, 50117100, 50117200, 50117300, 50118000, 50118100, 50118110, 50118200, 50118300, 50118400, 50118500, 50200000, 50210000, 50211000, 50211100, 50211200, 50211210, 50211211, 50211212, 50211300, 50211310, 50212000, 50220000, 50221000, 50221100, 50221200, 50221300, 50221400, 50222000, 50222100, 50223000, 50224000, 50224100, 50224200, 50225000, 50230000, 50231000, 50231100, 50232000, 50232100, 50232200, 50240000, 50241000, 50241100, 50241200, 50242000, 50243000, 50244000, 50245000, 50246000, 50246100, 50246200, 50246300, 50246400, 50314000, 50315000, 50330000, 50331000, 50332000, 50333000, 50333100, 50333200, 50334000, 50334100, 50334110, 50334120, 50334130, 50334140, 50334200, 50334300, 50334400, 50340000, 50341000, 50341100, 50341200, 50342000, 50343000, 50344000, 50344100, 50344200, 50400000, 50410000, 50411000, 50411100, 50411200, 50411300, 50411400, 50411500, 50412000, 50413000, 50413100, 50413200, 50420000, 50421000, 50421100, 50421200, 50422000, 50430000, 50431000, 50432000, 50433000, 50510000, 50511000, 50511100, 50511200, 50512000, 50513000, 50514000, 50514100, 50514200, 50530000, 50531000, 50531100, 50531200, 50531300, 50531400, 50531600, 50532000, 50532100, 50532200, 50532300, 50532400, 50800000, 50810000, 50820000, 50821000, 50822000, 50830000, 50840000, 50841000, 50842000, 50850000, 50860000, 50870000, 50880000, 50881000, 50882000, 50883000, 50884000, 50911000, 50911100, 50911110, 50911120, 50911130, 50911200, 50911210, 50911220, 50912100,

50913100, 50913300, 50913310, 50913400, 50913500, 50913510, 50914000, 50914100, 50914200, 50914300, 50914400, 50914500, 50914600, 50920000, 50921000, 50921100, 50922000, 50923000, 50924000, 50930000, 50931000, 50931100, 50931200, 50931300, 50931400, 50932000, 50932100, 50932200, 50933000, 50934000, 50935000, 50940000, 50941000, 50942000, 50951000, 50952000, 50952100, 50952110, 50952200, 50952400, 50952500, 50960000, 50961000, 50961100, 50961110, 50961200, 50962000, 50970000, 50971000, 50971100, 50971200, 50972000, 50973000, 50973100, 50973200, 50973300, 50973400, 50974000, 50974100, 50974200, 50974300, 50975000, 50975100, 50975200, 50975300, 50976000, 50976100, 50976200, 74732000, 74732100, 74741000, 74742000, 74743000

2

Land transport services(23) , including armoured car services, and courier services, except transport of mail

712 (except 71235)

7512, 87304

55521200, 60110000, 60112000, 60112100, 60112200, 60112300, 60113000, 60113100, 60113310, 60113400, 60114000, 60115000, 60115100, 60115110, 60116000, 60116100, 60116200, 60116300, 60122110, 60122120, 60122130, 60122140, 60122150, 60122160, 60122161, 60122170, 60123100, 60123200, 60123300, 60123400, 60123500, 60123600, 64120000, 64121000, 64122000, 74612000

3

Air transport services of passengers and freight, except transport of mail

73 (except 7321)

62110000, 62122000, 62210000, 62230000, 62300000

4

Transport of mail by land(24) and by air

71235, 7321

62121000

5

Telecommunications services

752

64200000, 64210000, 64211000, 64212000, 64213000, 64214000, 64214200, 64216000, 64216100, 64216110, 64216120, 64216130, 64216140, 64216200, 64216210, 64216300, 64221000, 64222000, 64223000, 64224000, 64225000, 64226000, 72315000, 72318000, 72511100

6

Financial services:

(a) Insurance services

(b) Banking and investment services(25)

ex 81, 812, 814 

66000000, 66100000, 66110000, 66120000, 66130000, 66140000, 66200000, 66300000, 66310000, 66311000, 66312000, 66313000, 66314000, 6315000, 66316000, 66317000, 66320000, 66321000, 66330000, 66331000, 66332000, 66333000, 66334000, 66335000, 66340000, 66341000, 66342000, 66343000, 66343100, 66343200, 66350000, 66360000,

66370000, 66371000, 66372000, 66373000, 66374000, 66380000, 66381000, 66382000, 66383000, 66384000, 67200000, 67210000, 67211000, 67212000, 67220000, 67221000, 67230000, 67240000, 67250000, 67251000, 67260000

   7
   Computer and related services

84

50310000, 50311000, 50311400, 50312000, 50312100, 50312110, 50312120, 50312200, 50312210, 50312220, 50312300, 50312310, 50312320, 50312400, 50312410, 50312420, 50312500, 50312510, 50312520, 50312600, 50312610, 50312620, 50313000, 50313100, 50313200, 50316000, 50317000, 50320000, 50321000, 50322000, 50323000, 50323100, 50323200, 50324000, 50324100, 50324200, 72000000, 72100000, 72110000, 72120000, 72130000, 72140000, 72150000, 72200000, 72210000, 72211000, 72212000, 72220000, 72221000, 72222000, 72222100, 72222200, 72222300, 72223000, 72224000, 72224100, 72224200, 72225000, 72226000, 72227000, 72228000, 72230000, 72231000, 72232000, 72240000, 72241000, 72243000, 72245000, 72246000, 72250000, 72251000, 72252000, 72253000, 72253100, 72253200, 72254000, 72254100, 72260000, 72261000, 72262000, 72263000, 72264000, 72265000, 72266000, 72267000, 72268000, 72300000, 72310000, 72311000, 72311100, 72311200, 72311300, 72312000, 72312100, 72312200, 72313000, 72314000, 72315100, 72316000, 72317000, 72319000, 72320000, 72321000, 72510000, 72511000, 72511110, 72512000, 72514000, 72514100, 72514200, 72514300, 72520000, 72521000, 72521100, 72540000, 72541000, 72541100, 72550000, 72560000, 72570000, 72580000, 72590000, 72591000

8

Research and development services(26)

85

63368000, 73000000, 73100000, 73110000, 73111000, 73112000

9

Accounting, auditing and bookkeeping services

862

74121000, 74121100, 74121110, 74121112, 74121113, 74121120, 74121200, 74121210, 74121220, 74121230, 74121240, 74121250, 74541000

10

Market research and public opinion polling services

864

74130000, 74131000, 74131100, 74131110, 74131120, 74131121, 74131130, 74131200, 74131300, 74131400, 74131500, 74131600, 74132000, 74133000, 74423100, 74423110

11

Management consulting

865,866

73200000, 73210000, 73220000, 73300000,

services(27) and related services

74121111, 74141000, 74141100, 74141110, 74141200, 74141300, 74141400, 74141500, 74141510, 74141600,74141610, 74141620 74141700, 74141800, 74141900, 74142200, 74150000, 74871000, 90311000, 93620000

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

867

72242000, 72244000, 74142300, 74142310, 74220000, 74221000, 74222000, 74223000, 74224000, 74225000, 74225100, 74230000, 74231100, 74231110, 74231120, 74231130, 74231200, 74231300, 74231310, 74231320, 74231400, 74231500, 74231510, 74231520, 74231521, 74231530, 74231540, 74231600, 74231700, 74231710, 74231720, 74231721, 74231800, 74231900, 74232000, 74232100, 74232110, 74232120, 74232200, 74232210, 74232220, 74232230, 74232240, 74232300, 74232310, 74232320, 74232400, 74232500, 74232600, 74233000, 74233100, 74233200, 74233300, 74233400, 74233500, 74233600, 74233700, 74240000, 74250000, 74251000, 74252000, 74252100, 74260000, 74261000, 74262000, 74262100, 74263000, 74270000, 74271000, 74271100, 74271200, 74271210, 74271220, 74271300, 74271400, 74271500, 74271700, 74271710, 74271720, 74271800, 74272000, 74272100, 74272110, 74272111, 74272112, 74272113, 74272300, 74273000, 74273100, 74273200, 74274000, 74274100, 74274200, 74274300, 74274400, 74274500, 74275000, 74275100, 74275200, 74276000, 74276100, 74276200, 74276300, 74276400, 74300000, 74310000, 74311000, 74312000, 74312100, 74313000, 74313100, 74313110, 74313120, 74313130, 74313140, 74313141, 74313142, 74313143, 74313144, 74313145, 74313146, 74313147, 74313200, 74313210, 74313220, 74874000

13

Advertising services

871

74410000, 74411000, 74412000, 78225000

14

Building-cleaning services and property management services

874, 82201 to 82206

70300000, 70310000, 70311000, 70320000, 70321000, 70322000, 70330000, 70331000, 70331100, 70332000, 70332100, 70332200, 70332300, 74710000, 74720000, 74721000, 74721100, 74721210, 74721300, 74722000, 74724000, 74730000, 74731000, 74744000, 74750000, 74760000, 93411200, 93411300, 93411400

15

Publishing and printing services on a fee or contract basis

88442

74831530, 78000000, 78100000, 78110000, 78111000, 78112000, 78113000, 78113100, 78114000, 78114100, 78114200, 78114300, 78114400, 78115000, 78115100, 78116000,

78117000, 78118000, 78119000, 78120000, 78121000, 78122000, 78122100, 78123000, 78124000, 78125000, 78130000, 78131000, 78132000, 78133000, 78134000, 78135000, 78135100, 78136000, 78140000, 78141000, 78142000, 78150000, 78151000, 78152000, 78153000, 78160000, 78170000, 78180000, 78200000, 78210000, 78220000, 78221000, 78222000, 78223000, 78224000, 78230000, 78240000, 78300000, 78310000, 78311000, 78312000

16

Sewage and refuse disposal services; sanitation and similar services

94

71221110, 74734000, 74735000, 85142200, 90000000, 90100000, 90110000, 90111000, 90111100, 90111200, 90111300, 90112000, 90112100, 90112200, 90112210, 90112300, 90113000, 90114000, 90120000, 90121000, 90121100, 90121110, 90121120, 90121130, 90121140, 90121200, 90121300, 90121310, 90121320, 90121330, 90121340, 90121400, 90122000, 90122100, 90122110, 90122111, 90122112, 90122113, 90122120, 90122121 90122122, 90122123, 90122124, 90122130, 90122131, 90122200, 90122210, 90122220, 90122230, 90122240, 90122300, 90122310, 90122320, 90122330, 90122340, 90200000, 90210000, 90211000, 90212000, 90213000, 90220000, 90221000, 90240000, 90300000, 90310000, 90312000, 90313000, 90313100, 90313110, 90313120, 90314000, 90315000, 90315100, 90315200, 90315300, 90320000

ANNEX I B

Category No

Subject

CPC Reference No

CPV Reference No

17

Hotel and restaurant services

64

55000000, 55100000, 55200000, 55210000, 55220000, 55221000, 55240000, 55241000, 55242000, 55243000, 55250000, 55260000, 55270000, 55300000, 55310000, 55311000, 55312000, 55320000, 55321000, 55322000, 55330000, 55400000, 55410000, 55500000, 55510000, 55511000, 55512000, 55520000, 55521000, 55521100, 55522000, 55523000, 55523100, 55524000, 93410000, 93411000

18

Rail transport services

711

60111000, 60121000, 60121100, 60121200, 60121300, 60121400, 60121500, 60121600

19

Water transport services

72

61000000, 61100000, 61110000, 61200000, 61210000, 61220000, 61230000, 61240000, 61250000, 61400000, 63370000, 63371000, 63372000, 71221120, 71221130

20

Supporting and auxiliary transport services

74

62224000, 62224100, 62226000, 63000000, 63100000, 63110000, 63111000, 63112000, 63112100, 63112110, 63120000, 63121000, 63121100, 63121110, 63122000, 63200000, 63210000, 63220000, 63221000, 63222000, 63222100, 63223000, 63223100, 63223110, 63223200, 63223210, 63224000, 63225000, 63226000, 63300000, 63310000, 63311000, 63313000, 63314000, 63315000, 63320000, 63330000, 63340000, 63341000, 63341100, 63342000, 63343000, 63343100, 63344000, 63350000, 63351000, 63352000, 63353000, 63360000, 63361000, 63362000, 63363000, 63364000, 63365000, 63366000, 63366100, 63369000, 63400000, 63410000, 63420000, 63430000, 63500000, 63510000, 63511000, 63512000, 63514000, 63515000, 63516000, 63520000, 63521000, 63522000, 63523000, 63524000, 63600000, 71221140, 74322000, 93600000

21

Legal services

861

74110000, 74111000, 74111100, 74111200, 74112000, 74112100, 74112110, 74113000, 74113100, 74113200, 74113210, 74114000

22

Personnel placement and supply services

872

74512000, 74522000, 95100000, 95110000, 95120000, 95130000, 95131000, 95132000, 95133000

23

Investigation and security services, except armoured car services

873 (except 87304)

74611000, 74613000, 74614000, 74614100, 74614110, 74615000, 74620000

24

Education and vocational education services

92

80000000, 80100000, 80110000, 80200000, 80210000, 80211000, 80212000, 80220000, 80300000, 80310000, 80320000, 80330000, 80340000, 80400000, 80411000, 80411100, 80411200, 80412000, 80421000, 80422000,

80422100, 80423000, 80423100, 80423110, 80423120, 80423200, 80423300, 80423320, 80424000, 80425000, 80426000, 80426100, 80426200, 80427000, 80428000, 80430000, 92312212, 92312213

25

Health and social services

93

60113300, 74511000, 85000000, 85100000, 85110000, 85111000, 85111100, 85111200, 85111300, 85111320, 85111400, 85111500, 85111600, 85111700, 85111800, 85112000, 85112100, 85120000, 85121000, 85121100, 85121200, 85121300, 85130000, 85131000, 85131100, 85131110, 85140000, 85141000, 85141100, 85141200, 85141210, 85141211, 85141212, 85141220, 85142000, 85142100, 85142200, 85142300, 85142400, 85143000, 85144000, 85144100, 85145000, 85146000, 85146100, 85146200, 85147000, 85148000, 85149000, 85200000, 85300000, 85310000, 85311000, 85311100, 85311200, 85311300, 85312000, 85312100, 85312200, 85312300, 85312310, 85312320, 85312330, 85312400, 85320000, 85323000

26

Recreational, cultural and sporting services

96

74875000, 74875100, 74875200, 77310000, 77311000, 77313000, 77400000, 80413000, 80414000, 80415000, 92000000, 92100000, 92110000, 92111000, 92111100, 92111200, 92111210, 92111220, 92111230, 92111240, 92111250, 92111260, 92111300, 92111310, 92111320, 92112000, 92120000, 92121000, 92122000, 92130000, 92140000, 92200000, 92210000, 92211000, 92220000, 92221000, 92300000, 92310000, 92311000, 92312000, 92312100, 92312110, 92312120, 92312130, 92312140, 92312200, 92312210, 92312220, 92312230, 92312240, 92312250, 92320000, 92330000, 92331000, 92331100, 92331200, 92332000, 92340000, 92341000, 92342000, 92342100, 92342200, 92350000, 92351000, 92351100, 92351200, 92352000, 92352100, 92352200, 92360000, 92400000, 92500000, 92510000, 92511000, 92512000, 92520000, 92521000, 92521100, 92521200, 92521210, 92521220, 92522000, 92522100, 92522200, 92530000, 92531000, 92532000, 92533000, 92534000, 92600000, 92610000, 92620000, 92621000, 92622000

27

Other services

50111100, 50232110, 50246500, 50520000, 50521000, 50522000, 50523000, 50531500, 50531510, 50700000, 50710000, 50711000, 50712000, 50720000, 50730000, 50731000, 50732000, 50732100, 50740000, 50760000, 50761000, 50762000, 50911230, 50912200,

27

Other services

50913200, 50915000, 50915100, 50915200, 50952300, 50977000, 52000000, 52100000, 52200000, 52300000, 52400000, 52500000, 52600000, 52700000, 52800000, 52900000, 60113200, 60200000, 60210000, 60220000, 61300000, 62221000, 62222000, 62223000, 63367000, 64110000, 64111000, 64112000, 64113000, 64114000, 64115000, 64116000, 64214100, 64214400, 65000000, 65100000, 65110000, 65120000, 65130000, 65200000, 65210000, 65300000, 65310000, 65320000, 65400000, 65410000, 65500000, 67100000, 67110000, 67120000, 67121000, 67122000, 67130000, 67140000, 67300000, 70100000, 70110000, 70111000, 70112000, 70120000, 70121000, 70121100, 70121200, 70122000, 70122100, 70122110, 70122200, 70122210, 70123000, 70123100, 70123200, 70130000, 70311100, 70311200, 70333000, 71000000, 71100000, 71110000, 71120000, 71130000, 71140000, 71150000, 71160000, 71170000, 71180000, 71181000, 71211300, 71211310, 71211320, 71211400, 71211600, 71211900, 71300000, 71310000, 71311000, 71320000, 71321000, 71321100, 71321200, 71321300, 71321400, 71330000, 71331000, 71332000, 71332100, 71332200, 71333000, 71340000, 71350000, 71360000, 71380000, 74122000, 74122100, 74122200, 74271600, 74271900, 74321000, 74321100, 74420000, 74421000, 74422000, 74423000, 74423200, 74423210, 74542000, 74543000, 74731100, 74810000, 74811000, 74811100, 74811200, 74811300, 74811310, 74811320, 74811330, 74811340, 74812000, 74813000, 74820000, 74821000, 74830000, 74831000, 74831100, 74831110, 74831200, 74831210, 74831300, 74831400, 74831500, 74831510, 74831520, 74831600, 74832000, 74832100, 74841000, 74842000, 74844000, 74850000, 74851000, 74860000, 74861000, 74870000, 74872000, 74873100, 74876000, 74877000, 75000000, 75100000, 75110000, 75111000, 75111100, 75111200, 75112000, 75112100, 75120000, 75121000, 75122000, 75123000, 75124000, 75125000, 75130000, 75131000, 75131100, 75200000, 75210000, 75211000, 75211100, 75211110, 75211200, 75211300, 75220000, 75221000, 75222000, 75230000, 75231000, 75231100, 75231200, 75231210, 75231220, 75231230, 75231240, 75240000, 75241000, 75241100, 75242000, 75242100, 75242110, 75250000, 75251000, 75251100, 75251110, 75251120,

75252000, 75300000, 75310000, 75311000, 75312000, 75313000, 75313100, 75314000, 75320000, 75330000, 75340000, 76000000, 76100000, 76110000, 76111000, 76120000, 76200000, 76210000, 76211000, 76211100, 76211200, 76300000, 76310000, 76320000, 76330000, 76340000, 76400000, 76410000, 76411000, 76420000, 76430000, 76431000, 76440000, 76450000, 76460000, 76470000, 76480000, 76490000, 76491000, 76492000, 76500000, 76510000, 76520000, 76521000, 76522000, 76530000, 76531000, 77000000, 77100000, 77110000, 77120000, 77210000, 77211000, 77211100, 77211300, 77220000, 77230000, 77330000, 77500000, 77510000, 77600000, 77610000, 77700000, 78400000, 85321000, 85322000, 90114100, 90115000, 90122132, 90123000, 90123100, 90123200, 90123300, 90230000, 91000000, 91100000, 91110000, 91120000, 91130000, 91131000, 91200000, 91300000, 91310000, 91320000, 91330000, 91331000, 91331100, 92230000, 92312211, 93100000, 93110000, 93111000, 93112000, 93120000, 93121000, 93130000, 93140000, 93150000, 93160000, 93200000, 93210000, 93211000, 93220000, 93221000, 93221100, 93221200, 93221300, 93300000, 93310000, 93320000, 93330000, 93411100, 93500000, 93510000, 93511000, 93511100, 93621000, 93700000, 93710000, 93711000, 93711100, 93711110, 93711200, 93712000, 93910000, 93930000, 93940000, 93950000, 95000000, 99000000, 99100000

ANNEX II

LIST OF PROFESSIONAL ACTIVITIES AS SET OUT IN ARTICLE 1(2), THIRD SUBPARAGRAPH

NACE(28)

SECTION F

CONSTRUCTION

CPV Code

Division

Group

Class

Subject

Notes

45

Construction

This division includes:

construction of new buildings and works, restoring and common repairs

45000000

45.1

Site preparation

45100000

45.11

Demolition and wrecking of buildings; earth moving

This class includes:

demolition of buildings and other structures

clearing of building sites

earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc.

site preparation for mining:

overburden removal and other development and preparation of mineral properties and sites

This class also includes:

building site drainage

drainage of agricultural or forestry land

45110000

45.12

Test drilling and boring

This class includes:

test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes

This class excludes:

drilling of production oil or gas wells, see 11.20

water well drilling, see 45.25

shaft sinking, see 45.25

oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20

45120000

45.2

   Building of complete constructions or parts thereof; civil engineering
   45200000
   45.21

  General construction of buildings and civil engineering works

This class includes:

   construction of all types of buildings
   construction of civil engineering constructions

bridges, including those for elevated highways, viaducts, tunnels and subways

long-distance pipelines, communication and power lines

urban pipelines, urban communication and powerlines; ancillary urban works

assembly and erection of prefabricated constructions on the site

   This class excludes:

service activities incidental to oil and gas extraction, see 11.20

   erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28
   construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23
   building installation, see 45.3
   building completion, see 45.4

architectural and engineering activities, see 74.20

project management for construction, see 74.20

45210000

45.22

Erection of roof covering and frames

This class includes:

erection of roofs

roof covering

waterproofing

45220000

45.23

Construction of highways, roads, airfields and sport facilities

This class includes:

construction of highways, streets, roads, other vehicular and pedestrian ways

construction of railways

construction of airfield runways

construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations

painting of markings on road surfaces and car parks

This class excludes:

preliminary earth moving, see 45.11

45230000

45.24

Construction of water projects

This class includes:

construction of:

waterways, harbour and river works, pleasure ports (marinas), locks, etc.

dams and dykes

dredging

subsurface work

45240000

45.25

Other construction work involving special trades

This class includes:

construction activities specializing in one aspect common to different kinds of structures, requiring specialised skill or equipment:

construction of foundations, including pile driving

water well drilling and construction, shaft sinking

erection of non-self-manufactured steel elements

steel bending

bricklaying and stone setting

scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms

erection of chimneys and industrial ovens

This class excludes:

renting of scaffolds without erection and dismantling, see 71.32

45250000

45.3

Building installation

45300000

45.31

Installation of electrical wiring and fittings

This class includes:

installation in buildings or other construction projects of:

electrical wiring and fittings

telecommunications systems

electrical heating systems

residential antennas and aerials

fire alarms

burglar alarm systems

lifts and escalators

lightning conductors, etc.

45310000

45.32

Insulation work activities

This class includes:

installation in buildings or other construction projects of thermal, sound or vibration insulation

This class excludes:

waterproofing, see 45.22

45320000

45.33

Plumbing

This class includes:

installation in buildings or other construction projects of:

plumbing and sanitary equipment

gas fittings

heating, ventilation, refrigeration or air-conditioning equipment and ducts

sprinkler systems

This class excludes:

installation of electrical heating systems, see 45.31

45330000

45.34

Other building installation

This class includes:

installation of illumination and signalling systems for roads, railways, airports and harbours

installation in buildings or other construction projects of fittings and fixtures n.e.c.

45340000

45.4

Building completion

45400000

45.41

Plastering

This class includes:

application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials

45410000

45.42

Joinery installation

This class includes:

installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials

interior completion such as ceilings, wooden wall coverings, movable partitions, etc.

This class excludes:

laying of parquet and other wood floor coverings, see 45.43

45420000

45.43

Floor and wall covering

·

This class includes:

laying, tiling, hanging or fitting in buildings or other construction projects of:

ceramic, concrete or cut stone wall or floor tiles

parquet and other wood floor coverings

carpets and linoleum floor coverings, including of rubber or plastic

terrazzo, marble, granite or slate floor or wall coverings

wallpaper

45430000

45.44

Painting and glazing

This class includes:

interior and exterior painting of buildings

painting of civil engineering structures

installation of glass, mirrors, etc

This class excludes:

installation of windows, see 45.42

45440000

45.45

Other building completion

This class includes:

installation of private swimming pools

steam cleaning, sand blasting and similar activities for building exteriors

other building completion and finishing work n.e.c

This class excludes:

interior cleaning of buildings and other structures, see 74.70

45450000

45.5

Renting of construction or demolition equipment with operator

45500000

45.50

Renting of construction or demolition equipment with operator

This class excludes:

renting of construction or demolition machinery and equipment without operators, see 71.32

45500000

ANNEX III

LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW REFERRED TO IN ARTlCLE 1(5)

I. BELGIUM

Bodies

- Archives générales du Royaume et Archives de l'État dans les provinces - Algemeen Rijksarchief en Rijksarchief in de Provinciën,

- Conseil autonome de l'enseignement communautaire - Autonome Raad van het Gemeenschapsonderwijs,

- Radio et télévision belges, émissions néerlandaises - Belgische Radio en Televisie, Nederlandse uitzendingen,

- Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft (Centre de radio et télévision belge de la Communauté de langue allemande - Centrum voor Belgische Radio en Televisie voor de Duitstalige Gemeenschap),

- Bibliothèque royale Albert Ier - Koninklijke Bibliotheek Albert I,

   Caisse auxiliaire de paiement des allocations de chômage - Hulpkas voor Werkloosheidsuitkeringen,
   Caisse auxiliaire d'assurance maladie-invalidité - Hulpkas voor Ziekte-, en Invaliditeitsverzekeringen,
   Caisse nationale des pensions de retraite et de survie - Rijkskas voor Rust- en Overlevingspensioenen,
   Caisse de secours et de prévoyance en faveur des marins naviguant sous pavillon belge - Hulp- en Voorzorgskas voor Zeevarenden onder Belgische Vlag,
   Caisse nationale des calamités - Nationale Kas voor de Rampenschade,
   Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs de l'industrie diamantaire - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van de Arbeiders der Diamantnijverheid,
   Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs de l'industrie du bois - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van Arbeiders in de Houtnijverheid,
   Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs occupés dans les entreprises de batellerie - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van Arbeiders der Ondernemingen voor Binnenscheepvaart,
   Caisse spéciale de compensation pour allocations familiales en faveur des travailleurs occupés dans les entreprises de chargement, déchargement et manutention de marchandises dans les ports débarcadères, entrepôts et stations (appelée habituellement "Caisse spéciale de compensation pour allocations familiales des régions maritimes") - Bijzondere Verrekenkas voor Gezinsvergoedingen ten bate van de Arbeiders gebezigd door Ladings- en Lossingsondernemingen en door de Stuwadoors in de Havens,
   Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd: "Bijzondere Compensatiekas voor kindertoeslagen van de zeevaartgewesten"),
   Centre informatique pour la Région bruxelloise - Centrum voor Informatica voor het Brusselse Gewest,
   Commissariat général de la Communauté flamande pour la coopération internationale Commissariaat-generaal voor Internationale Samenwerking van de Vlaamse Gemeenschap,
   Commissariat général pour les relations internationales de la Communauté française de Belgique - Commissariaat-generaal bij de Internationale Betrekkingen van de Franse Gemeenschap van België,
   Conseil central de l'économie - Centrale Raad voor het Bedrijfsleven,

– Conseil économique et social de la Région wallonne - Sociaal-economische Raad van het Waals Gewest,

–   Conseil national du travail - Nationale Arbeidsraad,

   Conseil supérieur des classes moyennes - Hoge Raad voor de Middenstand,
   Office pour les travaux d'infrastructure de l'enseignement subsidié - Dienst voor Infrastructuurwerken van het Gesubsidieerd Onderwijs,
   Fondation royale - Koninklijke Schenking,
   Fonds communautaire de garantie des bâtiments scolaires - Gemeenschappelijk Waarborgfonds voor Schoolgebouwen,
   Fonds d'aide médicale urgente - Fonds voor Dringende Geneeskundige Hulp,
   Fonds des accidents du travail - Fonds voor Arbeidsongevallen,
   Fonds des maladies professionnelles - Fonds voor Beroepsziekten,
   Fonds des routes - Wegenfonds,
   Fonds d'indemnisation des travailleurs licenciés en cas de fermeture d'entreprises - Fonds tot Vergoeding van de in geval van Sluiting van Ondernemingen Ontslagen Werknemers,
   Fonds national de garantie pour la réparation des dégâts houillers - Nationaal Waarborgfonds inzake Kolenmijnschade,
   Fonds national de retraite des ouvriers mineurs - Nationaal Pensioenfonds voor Mijnwerkers,
   Fonds pour le financement des prêts à des États étrangers - Fonds voor Financiering van de Leningen aan Vreemde Staten,
   Fonds pour la rémunération des mousses enrôlés à bord des bâtiments de pêche - Fonds voor Scheepsjongens aan Boord van Vissersvaartuigen,
   Fonds wallon d'avances pour la réparation des dommages provoqués par des pompages et des prises d'eau souterraine - Waals Fonds van Voorschotten voor het Herstel van de Schade veroorzaakt door Grondwaterzuiveringen en Afpompingen,
   Institut d'aéronomie spatiale - Instituut voor Ruimte-aëronomie,
   Institut belge de normalisation - Belgisch Instituut voor Normalisatie,
   Institut bruxellois de l'environnement - Brussels Instituut voor Milieubeheer,
   Institut d'expertise vétérinaire - Instituut voor Veterinaire Keuring,
   Institut économique et social des classes moyennes - Economisch en Sociaal Instituut voor de Middenstand,
   Institut d'hygiène et d'épidémiologie - Instituut voor Hygiëne en Epidemiologie,
   Institut francophone pour la formation permanente des classes moyennes - Franstalig Instituut voor Permanente Vorming voor de Middenstand,
   Institut géographique national - Nationaal Geografisch Instituut,
   Institut géotechnique de l'État - Rijksinstituut voor Grondmechanica,
   Institut national d'assurance maladie-invalidité - Rijksinstituut voor Ziekte - en Invaliditeitsverzekering,
   Institut national d'assurances sociales pour travailleurs indépendants - Rijksinstituut voor de Sociale Verzekeringen der Zelfstandigen,
   Institut national des industries extractives - Nationaal Instituut voor de Extractiebedrijven,
   Institut national des invalides de guerre, anciens combattants et victimes de guerre - Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers,
   Institut pour l'amélioration des conditions de travail - Instituut voor Verbetering van de Arbeidsvoorwaarden,
   Institut pour l'encouragement de la recherche scientifique dans l'industrie et l'agriculture - Instituut tot Aanmoediging van het Wetenschappelijk Onderzoek in Nijverheid en Landbouw,
   Institut royal belge des sciences naturelles - Koninklijk Belgisch Instituut voor Natuurwetenschappen,
   Institut royal belge du patrimoine artistique - Koninklijk Belgisch Instituut voor het Kunstpatrimonium,
   Institut royal de météorologie - Koninklijk Meteorologisch Instituut,
   Enfance et famille - Kind en Gezin,
   Compagnie des installations maritimes de Bruges - Maatschappij der Brugse Zeevaartinrichtingen,
   Mémorial national du fort de Breendonck - Nationaal Gedenkteken van het Fort van Breendonck,
   Musée royal de l'Afrique centrale - Koninklijk Museum voor Midden-Afrika,
   Musées royaux d'art et d'histoire - Koninklijke Musea voor Kunst en Geschiedenis,
   Musées royaux des beaux-arts de Belgique - Koninklijke Musea voor Schone Kunsten van België,
   Observatoire royal de Belgique - Koninklijke Sterrenwacht van België,
   Office belge de l'économie et de l'agriculture - Belgische Dienst voor Bedrijfsleven en Landbouw,
   Office belge du commerce extérieur - Belgische Dienst voor Buitenlandse Handel,
   Office central d'action sociale et culturelle au profit des membres de la communauté militaire - Centrale Dienst voor Sociale en Culturele Actie ten behoeve van de Leden van de Militaire Gemeenschap,
   Office de la naissance et de l'enfance - Dienst voor Borelingen en Kinderen,
   Office de la navigation - Dienst voor de Scheepvaart,
   Office de promotion du tourisme de la Communauté française - Dienst voor de Promotie van het Toerisme van de Franse Gemeenschap,
   Office de renseignements et d'aide aux familles des militaires - Hulp- en Informatiebureau voor Gezinnen van Militairen,
   Office de sécurité sociale d'outre-mer - Dienst voor Overzeese Sociale Zekerheid,
   Office national d'allocations familiales pour travailleurs salariés - Rijksdienst voor Kinderbijslag voor Werknemers,
   Office national de l'emploi - Rijksdienst voor de Arbeidsvoorziening,
   Office national des débouchés agricoles et horticoles - Nationale Dienst voor Afzet van Land- en Tuinbouwprodukten,
   Office national de sécurité sociale - Rijksdienst voor Sociale Zekerheid,
   Office national de sécurité sociale des administrations provinciales et locales - Rijksdienst voor Sociale Zekerheid van de Provinciale en Plaatselijke Overheidsdiensten,
   Office national des pensions - Rijksdienst voor Pensioenen,
   Office national des vacances annuelles - Rijksdienst voor de Jaarlijkse Vakantie,
   Office national du lait - Nationale Zuiveldienst,
   Office régional bruxellois de l'emploi - Brusselse Gewestelijke Dienst voor Arbeidsbemiddeling,
   Office régional et communautaire de l'emploi et de la formation - Gewestelijke en Gemeenschappelijke Dienst voor Arbeidsvoorziening en Vorming,
   Office régulateur de la navigation intérieure - Dienst voor Regeling der Binnenvaart,
   Société publique des déchets pour la Région flamande - Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest,
   Orchestre national de Belgique - Nationaal Orkest van België,
   Organisme national des déchets radioactifs et des matières fissiles - Nationale Instelling voor Radioactief Afval en Splijtstoffen,
   Palais des beaux-arts - Paleis voor Schone Kunsten,
   Pool des marins de la marine marchande - Pool van de Zeelieden ter Koopvaardij,
   Port autonome de Charleroi - Autonome Haven van Charleroi,
   Port autonome de Liège - Autonome Haven van Luik,
   Port autonome de Namur - Autonome Haven van Namen,
   Radio et télévision belges de la Communauté française - Belgische Radio en Televisie van de Franse Gemeenschap,
   Régie des bâtiments - Regie der Gebouwen,
   Régie des voies aériennes - Regie der Luchtwegen,
   Régie des postes - Regie der Posterijen,
   Régie des télégraphes et des téléphones - Regie van Telegraaf en Telefoon,
   Conseil économique et social pour la Flandre - Sociaal-economische Raad voor Vlaanderen,
   Société anonyme du canal et des installations maritimes de Bruxelles - Naamloze Vennootschap "Zeekanaal en Haveninrichtingen van Brussel",
   Société du logement de la Région bruxelloise et sociétés agréées - Brusselse Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen,
   Société nationale terrienne - Nationale Landmaatschappij,
   Théâtre royal de la Monnaie - De Koninklijke Muntschouwburg,
   Universités relevant de la Communauté flamande - Universiteiten afhangende van de Vlaamse Gemeenschap,
   Universités relevant de la Communauté française - Universiteiten afhangende van de Franse Gemeenschap,
   Office flamand de l'emploi et de la formation professionnelle - Vlaamse Dienst voor Arbeidsvoorziening en Beroepsopleiding,
   Fonds flamand de construction d'institutions hospitalières et médico-sociales - Vlaams Fonds voor de Bouw van Ziekenhuizen en Medisch-Sociale Instellingen,
   Société flamande du logement et sociétés agréées - Vlaamse Huisvestingsmaatschappij en erkende maatschappijen,
   Société régionale wallonne du logement et sociétés agréées - Waalse Gewestelijke Maatschappij voor de Huisvesting en erkende maatschappijen,
   Société flamande d'épuration des eaux - Vlaamse Maatschappij voor Waterzuivering,
   Fonds flamand du logement des familles nombreuses - Vlaams Woningfonds van de Grote Gezinnen.
   Categories
   les centres publics d'aide sociale (public social welfare centres),
   les fabriques d'église (church councils).
   II DENMARK
   Bodies

Køebenhavns Havn,

   Danmarks Radio,
   TV 2/Danmark,

TV2 Reklame A/S,

Danmarks Nationalbank,

   A/S Storebaeltsforbindelsen,
   A/S Øresundsforbindelsen (alene tilslutningsanlaeg i Danmark),
   Køebenhavns Lufthavn A/S,
   Byfornyelsesselskabet Køebenhavn,
   Tele Danmark A/S avec ses filiales,
   Fyns Telefon A/S,
   Jydsk Telefon Aktieselskab A/S,
   Køebenhavns Telefon Aktieselskab,
   Tele Søenderjylland A/S,
   Telecom A/S,
   Tele Danmark Mobil A/S.
   Categories
   De kommunale havne (municipal ports),
   Andre Forvaltningssubjekter (other public administrative bodies).
   III. GERMANY
   1. Categories

Authorities, establishments and foundations governed by public law and created by federal, State or local authorities in particular in the following sectors:

1.1.   Authorities

   Wissenschaftliche Hochschulen und verfaßte Studentenschaften (universities and established student bodies),

– berufsständige Vereinigungen (Rechtsanwalts-, Notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern) (professional associations representing lawyers, notaries, tax consultants, accountants, architects, medical practitioners and pharmacists),

–   Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und Handelskammern, Handwerksinnungen, Handwerkerschaften) (business and trade associations: agricultural and craft associations, chambers of industry and commerce, craftsmen's guilds, tradesmen's associations),

– Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger) (social security institutions: health, accident and pension insurance funds),

–   kassenärztliche Vereinigungen (associations of panel doctors),

   Genossenschaften und Verbände (cooperatives and other associations).
   1.2. Establishments and foundations
   Non-industrial and non-commercial establishments subject to State control and operating in the general interest, particularly in the following fields:
   Rechtsfähige Bundesanstalten (federal institutions having legal capacity),
   Versorgungsanstalten und Studentenwerke (pension organizations and students' unions),
   Kultur-, Wohlfahrts- und Hilfsstiftungen (cultural, welfare and relief foundations).

2.   Legal persons governed by private law

Non-industrial and non-commercial establishments subject to State control and operating in the general interest (including 'Kommunale Versorgungsunternehmen' - municipal utilities), particularly in the following fields:

   Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten)
   ( health: hospitals, health resort establishments, medical research institutes, testing and carcase-disposal establishments),
   Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) (culture: public theatres, orchestras, museums, libraries, archives, zooligical and botanical gardens),

–   Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder- und Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte) (social welfare: nursery schools, children's playschools, rest-homes, children's homes, hostels for young people, leisure centres, community and civic centres, homes for battered wives, old people's homes, accommodation for the homeless),

– Sport (Schwimmbäder, Sportanlagen und -einrichtungen) (sport: swimming baths, sports facilities),

   Sicherheit (Feuerwehren, Rettungsdienste) (safety: fire brigades, other emergency services),
– Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volkshochschulen) (education: training, further training and retraining establishments, adult evening classes),
   Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung) (science, research and development: large-scale research institutes, scientific societies and associations, bodies promoting science),
   Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung) (refuse and garbage disposal services: street cleaning, waste and sewage disposal),
   Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen, Wohnraumvermittlung) (building, civil engineering and housing: town planning, urban development, housing enterprises, housing agency services),
   Wirtschaft (Wirtschaftsförderungsgesellschaften) (economy: organizations promoting economic development),
   Friedhofs- und Bestattungswesen (cemeteries and burial services)
   Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Ausbildung) (cooperation with developing countries: financing, technical cooperation, development and training).
   IV. GREECE
   Categories
   Other legal persons governed by public law whose public works contracts are subject to State control.
   V. SPAIN
   Categories
   Entidades Gestoras y Servicios Comunes de la Seguridad Social (administrative entities and common services of the health and social services),

– Organismos Autónomos de la Administración del Estado (independent bodies of the national administration),

– Organismos Autónomos de las Comunidades Autónomas (independent bodies of the autonomous communities),

–   Organismos Autónomos de las Entidades Locales (independent bodies of local authorities),

– Otras entidades sometidas a la legislación de contratos del Estado español (other entities subject to Spanish State legislation on procurement).

   VI. FRANCE
   Bodies
   1. National public bodies:
   1.1. with scientific, cultural and professional character:
   Collège de France,
   Conservatoire national des arts et métiers,

Observatoire de Paris;

1.2.  Scientific and technological:

   Centre national de la recherche scientifique (CNRS),
   Institut national de la recherche agronomique,
   Institut national de la santé et de la recherche médicale,
   Institut français de recherche scientifique pour le développement en coopération (ORSTOM);
  1.3. with administrative character:
   Agence nationale pour l'emploi,
   Caisse nationale des allocations familiales,
   Caisse nationale d'assurance maladie des travailleurs salariés,
   Caisse nationale d'assurance vieillesse des travailleurs salariés,
   Office national des anciens combattants et victimes de la guerre,
   Agences financières de bassins.
   Categories
   1. National public bodies:
   universités (universities),
   écoles normales d'instituteurs (teacher training colleges).
   2. Administrative bodies at regional, departmental and local level:

collèges (secondary schools),

  lycées (secondary schools),

   établissements publics hospitaliers (public hospitals),
   offices publics d'habitations à loyer modéré (OPHLM) (public offices for low-cost housing).

3.   Groupings of territorial authorities:

   syndicats de communes (associations of local authorities),
   districts (districts),
   communautés urbaines (municipalities),
   institutions interdépartementales et interrégionales (institutions common to more than one Département and interregional institutions).

VII.   IRELAND

   Bodies
   Shannon Free Airport Development Company Ltd,
   Local Government Computer Services Board,
   Local Government Staff Negotiations Board,

–   Córas Tráchtála (Irish Export Board),

– Industrial Development Authority,

   Irish Goods Council (Promotion of Irish Goods),
   Córas Beostoic agus Feola (CBF) (Irish Meat Board),
   Bord Fálite Éireann (Irish Tourism Board),
   Údarás na Gaeltachta (Development Authority for Gaeltacht Regions)
   An Bord Pleanála (Irish Planning Board).
   Categories
   Third Level Educational Bodies of a Public Character,
   National Training, Cultural or Research Agencies,
   Hospital Boards of a Public Character,
   National Health & Social Agencies of a Public Character

– Central & Regional Fishery Boards.

VIII.   ITALY

   Bodies
   Agenzia per la promozione dello sviluppo nel Mezzogiorno.
   Categories
   Enti portuali e aeroportuali (port and airport authorities),
   Consorzi per le opere idrauliche (consortia for water engineering works),

– Le università statali, gli istituti universitari statali, i consorzi per i lavori interessanti le università (State universities, State university institutes, consortia for university development work),

–   Gli istituti superiori scientifici e culturali, gli osservatori astronomici, astrofisici, geofisici o vulcanologici (higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological observatories),

– Enti di ricerca e sperimentazione (organizations conducting research and experimental work),

   Le istituzioni pubbliche di assistenza e di beneficenza (public welfare and benevolent institutions),
   Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencies administering compulsory social security and welfare schemes),
   Consorzi di bonifica (land reclamation consortia),
   Enti di sviluppo o di irrigazione (development or irrigation agencies),
   Consorzi per le aree industriali (associations for industrial areas),
   Comunità montane (groupings of municipalities in mountain areas),
   Enti preposti a servizi di pubblico interesse (organizations providing services in the public interest),
   Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (public bodies engaged in entertainment, sport, tourism and leisure activities),
   Enti culturali e di promozione artistica (organizations promoting culture and artistic activities).
   IX. LUXEMBOURG
   Categories
   Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement (public establishments of the State placed under the supervision of a member of the Government),
   Établissements publics placés sous la surveillance des communes (public establishments placed under the supervision of the communes),
   Syndicats de communes créés en vertu de la loi du 14 février 1900 telle qu'elle a été modifiée par la suite (associations of communes created under the law of 14 February 1900 as subsequently modified).
   X. THE NETHERLANDS
   Bodies
   De Nederlandse Centrale Organisatie voor Toegepast Natuurwetenschappelijk Onderzoek (TNO) en de daaronder ressorterende organisaties.

Categories

–   De waterschappen (administration of water engineering works),

–   De instellingen van wetenschappelijk onderwijs vermeld in artikel 8 van de Wet op het Wetenschappelijk Onderwijs (1985), de academische ziekenhuizen (Institutions for scientific education, as listed in Article 8 of the Scientific Education Act (1985), teaching hospitals).

   XI. AUSTRIA
   All bodies subject to budgetary supervision by the "Rechnungshof" (audit authority) not having an industrial or commercial character.

XII. PORTUGAL

  Categories

– Estabelecimentos públicos de ensino, investigação científica e saúde (public establishments for education, scientific research and health),

   Institutos públicos sem carácter comercial ou industrial (public institutions without commercial or industrial character),
   Fundações públicas (public foundations),
   Administrações gerais e juntas autónomas (general administration bodies and independent councils).

XIII. FINLAND

  Public or publicly controlled entities or undertakings not having an industrial or commercial character.

XIV. SWEDEN

   All non-commercial bodies whose procurement is subject to supervision by the National Board for Public Procurement.
   XV. UNITED KINGDOM
   Bodies
   Central Blood Laboratories Authority,
   Design Council,

– Health and Safety Executive,

–   National Research Development Corporation,

– Public Health Laboratory Services Board,

–   Advisory, Conciliation and Arbitration Service,

– Commission for the New Towns,

   Development Board For Rural Wales,
   English Industrial Estates Corporation,
   National Rivers Authority,
   Northern Ireland Housing Executive,
   Scottish Enterprise,
   Scottish Homes,
   Welsh Development Agency.
   Categories
   Universities and polytechnics, maintained schools and colleges,
   National Museums and Galleries,
   Research Councils,
   Fire Authorities,
   National Health Service Authorities,
   Police Authorities,

– New Town Development Corporations,

–   Urban Development Corporations.

   ANNEX IV
   CENTRAL GOVERNMENT AUTHORITIES
   BELGIUM
   A. L'État fédéral :
   - Services du premier ministre
   - Ministère des affaires économiques
   - Ministère des affaires étrangères, du commerce extérieur et de la coopération au développement

- Ministère de l'agriculture

- Ministère des classes moyennes

- Ministère des communications et de l'infrastructure

  - Ministère de la défense nationale (29)

   - Ministère de l'emploi et du travail
   - Ministère des finances
   - Ministère de l'intérieur et de la fonction publique
   - Ministère de la justice
   - Ministère de la santé publique et de l'environnement
   - la Poste (30)
   - la Régie des bâtiments
   - le Fonds des routes
   B. L'Office national de sécurité sociale
   - L'Institut national d'assurances sociales pour travailleurs indépendants
   - L'Institut national d'assurance maladie-invalidité
   - L'Office national des pensions
   - La Caisse auxiliaire d'assurance maladie-invalidité
   - Le Fonds des maladies professionnelles
   - L'Office national de l'emploi

   DENMARK

1.    Folketinget - Rigsrevisionen

   2. Statsministeriet
   3. Udenrigsministeriet - 2 departementer
   4. Arbejdsministeriet - 5 styrelser og institutioner
   5. Boligministeriet - 7 styrelser og institutioner
   6. Erhvervsministeriet - 7 styrelser og institutioner

7. Finansministeriet - 3 styrelser og institutioner

8.    Forskningsministeriet - 1 styrelse

9.    Forsvarsministeriet (31) - adskillige institutioner

10.    Indenrigsministeriet - 2 styrelser

11.    Justitsministeriet - 2 direktorater og adskillige politimyndigheder og domstole

12.    Kirkeministeriet - 10 stiftsøvrigheder

13.    Kulturministeriet - 3 institutioner samt adskillige statsejede museer og højere læreanstalter

14.    Landbrugs- og fiskeriministeriet - 23 direktorater og institutioner

15.    Miljø- og energiministeriet - 6 styrelser og forsøgsanlægget Risø

16.    Skatteministeriet - 1 styrelse

17.    Socialministeriet - 4 styrelser og institutioner

18.    Sundhedsministeriet - adskillige institutioner inklusive Statens Seruminstitut

19.    Trafikministeriet - 12 styrelser og institutioner

   20.  Undervisningsministeriet - 6 direktorater samt 12 universiteter og andre højere læreanstalter

21.    Økonomiministeriet - Danmarks Statistik

   GERMANY

1.    Auswärtiges Amt

2.    Bundesministerium für Arbeit und Sozialordnung

3.    Bundesministerium für Bildung und Wissenschaft

4.    Bundesministerium für Ernährung, Landwirtschaft und Forsten

5.    Bundesministerium der Finanzen

6.    Bundesministerium für Forschung und Technologie

7. Bundesministerium des Innern (nur zivile Güter)

8.    Bundesministerium für Gesundheit

9.    Bundesministerium für Frauen und Jugend

10.    Bundesministerium für Familie und Senioren

11.    Bundesministerium der Justiz

12.    Bundesministerium für Raumordnung, Bauwesen und Städtebau

13.    Bundesministerium für Post und Telekommunikation (32)

14.    Bundesministerium für Wirtschaft

15.    Bundesministerium für wirtschaftliche Zusammenarbeit

16.    Bundesministerium der Verteidigung (33)

17.    Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit

18.    Bundesministerium für Verkehr

   GREECE

1.    Ministry of National Economy

2.    Ministry of Education and Religion

3.    Ministry of Commerce

4.    Ministry of Industry, Energy and Technology

5.    Ministry of Merchant Marine

6.    Ministry to the Prime Minister

7. Ministry of the Aegean

8.    Ministry of Foreign Affairs

9.    Ministry of Justice

10.    Ministry of the Interior

11.    Ministry of Labour

12.    Ministry of Culture and Sciences

13.    Ministry of Environment, Planning and Public Works

14.    Ministry of Finance

15.    Ministry of Transport and Communications

16.    Ministry of Health and Social Security

17.    Ministry of Macedonia and Thrace

18.    Army General Staff

19.    Navy General Staff

20.    Airforce General Staff

21.    Ministry of Agriculture

22.    General Secretariat for Press and Information

23.    General Secretariat for Youth

24.    General State Laboratory

25.    General Secretariat for Further Education

26.    General Secretariat of Equality

27.    General Secretariat for Social Security

28.    General Secretariat for Greeks Living Abroad

29.    General Secretariat for Industry

30.    General Secretariat for Research and Technology

31.    General Secretariat for Sports

32.    General Secretariat for Public Works

33.    National Statistical Service

34.    National Welfare Organisation

35.    Workers' Housing Organisation

36.    National Printing Office

37.    Greek Atomic Energy Commission

38.    reek Highway Fund

39.    University of Athens

40.    University of the Aegean

41.    University of Thessaloniki

42.    University of Thrace

43.    University of Ioannina

44.    University of Patras

45.    Polytechnic School of Crete

46.    Sivitanidios Technical School

47.    University of Macedonia

48.    ginitio Hospital

49.    Areteio Hospital

50.    National Centre of Public Administration

51.    Hellenic Post (EL. TA.)

52.    Public Material Management Organisation

53.    Farmers' Insurance Organisation

54.    School Building Organisation

   SPAIN

1.    Ministerio de Asuntos Exteriores

2.    Ministerio de Justicia

3.    Ministerio de Defensa (34)

4.    Ministerio de Economía y Hacienda

5.    Ministerio del Interior

6.    Ministerio de Obras Públicas, Transportes y Medio Ambiente

7. Ministerio de Educación y Ciencia

8.    Ministerio de Trabajo y Seguridad Social

9.    Ministerio de Industria y Energía

10.    Ministerio de Agricultura, Pesca y Alimentación

11.    Ministerio de la Presidencia

12.    Ministerio para las Administraciones Públicas

13.    Ministerio de Cultura

14.    Ministerio de Comercio y Turismo

15.    Ministerio de Sanidad y Consumo

16.    Ministerio de Asuntos Sociales

   FRANCE

1.    Main Purchasing Bodies

A.    Budget général

   - Services du premier ministre

   - Ministère des affaires sociales, de la santé et de la ville

   - Ministère de l'intérieur et de l'aménagement du territoire

   - Ministère de la justice

- Ministère de la défense

   - Ministère des affaires étrangères

   - Ministère de l'éducation nationale

   - Ministère de l'économie
   - Ministère de l'industrie, des postes et télécommunications et du commerce extérieur
   - Ministère de l'équipement, des transports et du tourisme
   - Ministère des entreprises et du développement économique, chargé des petites et moyennes entreprises et du commerce et de l'artisanat
   - Ministère du travail, de l'emploi et de la formation professionnelle
   - Ministère de la culture et de la francophonie
   - Ministère du budget
   - Ministère de l'agriculture et de la pêche
   - Ministère de l'enseignement supérieur et de la recherche
   - Ministère de l'environnement
   - Ministère de la fonction publique
   - Ministère du logement
   - Ministère de la coopération
   - Ministère des départements et territoires d'outre-mer
   - Ministère de la jeunesse et des sports
   - Ministère de la communication
   - Ministère des anciens combattants et victimes de guerre
   B. Budget annexe
   Inter alia :
   - Imprimerie nationale
   C. Comptes spéciaux du Trésor
   Inter alia :
   - Fonds forestier national
   - Soutien financier de l'industrie cinématographique et de l'industrie des programmes

   audiovisuels

- Fonds national d'aménagement foncier et d'urbanisme

   - Caisse autonome de la reconstruction

2.    National Public Administrative Establishments

- Académie de France à Rome

   - Académie de marine
   - Académie des sciences d'outre-mer
   - Agence centrale des organismes de sécurité sociale (ACOSS)
   - Agences financières de bassins

   - Agence nationale pour l'amélioration des conditions de travail (ANACT)

   - Agence nationale pour l'amélioration de l'habitat (ANAH)

   - Agence nationale pour l'emploi (ANPE)
   - Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)
   - Assemblée permanente des chambres d'agriculture (APCA)
   - Bibliothèque nationale
   - Bibliothèque nationale et universitaire de Strasbourg
   - Bureau d'études des postes et télécommunications d'outre- mer (BEPTOM)
   - Caisse des dépôts et consignations
   - Caisse nationale des allocations familiales (CNAF)
   - Caisse nationale d'assurance maladie des travailleurs salariés (CNAM)
   - Caisse nationale d'assurance-vieillesse des travailleurs salariés (CNAVTS)
   - Caisse nationale des autoroutes (CNA)
   - Caisse nationale militaire de sécurité sociale (CNMSS)
   - Caisse nationale des monuments historiques et des sites
   - Caisse nationale des télécommunications (35)
   - Caisse de garantie du logement social
   - Casa de Velasquez
   - Centre d'enseignement zootechnique de Rambouillet
   - Centre d'études du milieu et de pédagogie appliquée du ministère de l'agriculture
   - Centre d'études supérieures de sécurité sociale
   - Centres de formation professionnelle agricole
   - Centre national d'art et de culture Georges Pompidou
   - Centre national de la cinématographie franAaise
   - Centre national d'études et de formation pour l'enfance inadaptée
   - Centre national d'études et d'expérimentation du machinisme agricole, du génie rural,
   des eaux et des forêts
   - Centre national et de formation pour l'adaptation scolaire et l'éducation spécialisée
   ( CNEFASES)
   - Centre national de formation et de perfectionnement des professeurs d'enseignement
   ménager agricole
   - Centre national des lettres
   - Centre national de documentation pédagogique
   - Centre national des oeuvres universitaires et scolaires (CNOUS)
   - Centre national d'opthalmologie des Quinze-Vingts
   - Centre national de préparation au professorat de travaux manuels éducatifs et
   d'enseignement ménager
   - Centre national de promotion rurale de Marmilhat
   - Centre national de la recherche scientifique (CNRS)
   - Centre régional d'éducation populaire d'Ale-de-France
   - Centres d'éducation populaire et de sport (CREPS)
   - Centres régionaux des oeuvres universitaires (CROUS)
   - Centres régionaux de la propriété forestière
   - Centre de sécurité sociale des travailleurs migrants
   - Chancelleries des universités
   - Collège de France
   - Commission des opérations de bourse
   - Conseil supérieur de la pêche
   - Conservatoire de l'espace littoral et des rivages lacustres
   - Conservatoire national des arts et métiers
   - Conservatoire national supérieur de musique
   - Conservatoire national supérieur d'art dramatique
   - Domaine de Pompadour
   - École centrale - Lyon
   - École centrale des arts et manufactures
   - École française d'archéologie d'Athènes
   - École française d'Extrême-Orient
   - École française de Rome
   - École des hautes études en sciences sociales
   - École nationale d'administration
   - École nationale de l'aviation civile (ENAC)
   - École nationale des Chartes
   - École nationale d'équitation
   - École nationale du génie rural des eaux et des forêts (ENGREF)
   - Écoles nationales d'ingénieurs
   - École nationale d'ingénieurs des industries des techniques agricoles et alimentaires
   - Écoles nationales d'ingénieurs des travaux agricoles
   - École nationale des ingénieurs des travaux ruraux et des techniques sanitaires
   - École nationale des ingénieurs des travaux des eaux et forêts (ENITEF)
   - École nationale de la magistrature
   - Écoles nationales de la marine marchande
   - École nationale de la santé publique (ENSP)
   - École nationale de ski et d'alpinisme
   - École nationale supérieure agronomique - Montpellier
   - École nationale supérieure agronomique - Rennes
   - École nationale supérieure des arts décoratifs
   - École nationale supérieure des arts et industries - Strasbourg
   - École nationale supérieure des arts et industries textiles - Roubaix
   - Écoles nationales supérieures d'arts et métiers
   - École nationale supérieure des beaux-arts
   - École nationale supérieure des bibliothécaires
   - École nationale supérieure de céramique industrielle
   - École nationale supérieure de l'électronique et de ses applications (ENSEA)
   - École nationale supérieure d'horticulture
   - École nationale supérieure des industries agricoles alimentaires
   - École nationale supérieure du paysage (rattachée à l'École nationale supérieure
   d'horticulture)
   - École nationale supérieure des sciences agronomiques appliquées (ENSSA)
   - Écoles nationales vétérinaires
   - École nationale de voile
   - Écoles normales d'instituteurs et d'institutrices
   - Écoles normales nationales d'apprentissage
   - Écoles normales supérieures
   - École polytechnique
   - École technique professionnelle agricole et forestière de Meymac (Corrèze)
   - École de sylviculture - Crogny (Aube)
   - École de viticulture et d'oenologie de la Tour-Blanche (Gironde)
   - École de viticulture - Avize (Marne)
   - Établissement national de convalescents de Saint-Maurice
   - Établissement national des invalides de la marine (ENIM)
   - Établissement national de bienfaisance Koenigs-Wazter
   - Fondation Carnegie
   - Fondation Singer-Polignac
   - Fonds d'action sociale pour les travailleurs immigrés et leurs familles
   - Hôpital-hospice national Dufresne-Sommeiller
   - Institut de l'élevage et de médecine vétérinaire des pays tropicaux (IEMVPT)
   - Institut français d'archéologie orientale du Caire
   - Institut géographique national
   - Institut industriel du Nord
   - Institut international d'administration publique (IIAP)
   - Institut national agronomique de Paris-Grignon
   - Institut national des appellations d'origine des vins et eaux-de-vie (INAOVEV)
   - Institut national d'astronomie et de géophysique (INAG)
   - Institut national de la consommation (INC)
   - Institut national d'éducation populaire (INEP)
   - Institut national d'études démographiques (INED)
   - Institut national des jeunes aveugles - Paris
   - Institut national des jeunes sourds - Bordeaux
   - Institut national des jeunes sourds - Chambéry
   - Institut national des jeunes sourds - Metz
   - Institut national des jeunes sourds - Paris
   - Institut national de physique nucléaire et de physique des particules (I.N2.P3)
   - Institut national de promotion supérieure agricole
   - Institut national de la propriété industrielle
   - Institut national de la recherche agronomique (INRA)
   - Institut national de recherche pédagogique (INRP)
   - Institut national de la santé et de la recherche médicale (INSERM)
   - Institut national des sports
   - Instituts nationaux polytechniques
   - Instituts nationaux des sciences appliquées
   - Institut national supérieur de chimie industrielle de Rouen
   - Institut national de recherche en informatique et en automatique (INRIA)
   - Institut national de recherche sur les transports et leur sécurité (INRETS)
   - Instituts régionaux d'administration
   - Institut supérieur des matériaux et de la construction mécanique de Saint-Ouen
   - Musée de l'armée
   - Musée Gustave-Moreau
   - Musée de la marine
   - Musée national J.-J.-Henner
   - Musée national de la Légion d'honneur
   - Musée de la poste
   - Muséum national d'histoire naturelle
   - Musée Auguste-Rodin
   - Observatoire de Paris
   - Office de coopération et d'accueil universitaire
   - Office français de protection des réfugiés et apatrides
   - Office national des anciens combattants
   - Office national de la chasse
   - Office national d'information sur les enseignements et les professions (ONISEP)
   - Office national d'immigration (ONI)
   - Institut français de recherche scientifique pour le développement en coopération
   ( ORSTOM)
   - Office universitaire et culturel français pour l'Algérie
   - Palais de la découverte
   - Parcs nationaux
   - Réunion des musées nationaux
   - Syndicat des transports parisiens
   - Thermes nationaux - Aix-les-Bains
   - Universités

   3. Other National Public Bodies

   - Union des groupements d'achats publics (UGAP)

IRELAND

   1. Main Purchasing Bodies

Office of Public Works

   2. Other Bodies

   - President's Establishment
   - Houses of the Oireachtas (Parliament)
   - Department of the Taoiseach (Prime Minister)
   - Office of the Tanaiste (Deputy Prime Minister)
   - Central Statistics Office
   - Department of Arts, Culture and the Gaeltacht
   - National Gallery of Ireland
   - Department of Finance
   - State Laboratory
   - Office of the Comptroller and Auditor General
   - Office of the Attorney General
   - Office of the Director of Public Prosecutions
   - Valuation Office
   - Civil Service Commission
   - Office of the Ombudsman
   - Office of the Revenue Commissioners
   - Department of Justice
   - Commissioners of Charitable Donations and Bequests for Ireland
   - Department of the Environment
   - Department of Education
   - Department of the Marine
   - Department of Agriculture, Food and Forestry
   - Department of Enterprise and Employment
   - Department of Trade and Tourism
   - Department of Defence (36)
   - Department of Foreign Affairs
   - Department of Social Welfare
   - Department of Health
   - Department of Transport, Energy and Communications

ITALY

1.    Ministry of the Treasury (37)

2.    Ministry of Finance (38)

3.    Ministry of Justice

4.    Ministry of Foreign Affairs

5.    Ministry of Education

6.    Ministry of the Interior

7.    Ministry of Public Works

8.    Ministry for Co-ordination (International Relations and EC Agricultural Policies)

9.    Ministry of Industry, Trade and Craft Trades

10.    Ministry of Employment and Social Security

11.    Ministry of Health

12.    Ministry of Cultural Affairs and the Environment

13.    Ministry of Defence (39)

14.    Budget and Economic Planning Ministry

15.    Ministry of Foreign Trade

16.    Ministry of Posts and Telecommunications (40)

17.    Ministry of the environment

18.    Ministry of University and Scientifical and Technological Research

LUXEMBOURG

1.    Ministère d'État: service central des imprimés et des fournitures de l'État

2.    Ministère de l'agriculture: administration des services techniques de l'agriculture

3.    Ministère de l'éducation nationale: lycées d'enseignement secondaire et d'enseignement secondaire technique

4.    Ministère de la famille et de la solidarité sociale: maisons de retraite

5.    Ministère de la force publique: armée (41) - gendarmerie - police

6.    Ministère de la justice: établissements pénitentiaires

7.    Ministère de la santé publique: hôpital neuropsychiatrique

8.    Ministère des travaux publics: bâtiments publics - ponts et chaussées

9.    Ministère des communications: centre informatique de l'État

10.    Ministère de l'environnement: commissariat général à la protection des eaux

NETHERLANDS

1.    Ministry of General Affairs - Ministerie van Algemene Zaken

   - Advisory Council on Government Policy - Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid
   - National Information Office - Rijksvoorlichtingsdienst

2.    Ministry of the Interior - Ministerie van Binnenlandse Zaken

-    Government Personnel Information System Service - Dienst Informatievoorziening Overheidspersoneel

   - Redundancy Payment and Benefits Agency - Dienst Uitvoering Ontslaguitkeringsregelingen
   - Public Servants Medical Expenses Agency - Dienst Ziektekostenvoorziening Overheidspersoneel
   - RPD Advisory Service - RPD Advies
   - Central Archives and Interdepartmental Text Processing - CAS/ITW

3.    Ministry of Foreign Affairs + Directorate-General for Development Cooperation of the Ministry of Foreign Affairs - Ministerie van Buitenlandse Zaken + Ministerie voor Ontwikkelingssamenwerking

4.    Ministry of Defence - Ministerie van Defensie (42)

   - Directorate of material Royal Netherlands Navy - Directie materieel Koninklijke Marine
   - Directorate of material Royal Netherlands Army - Directie materieel Koninklijke Landmacht
   - Directorate of material Royal Netherlands Air Force - Directie materieel Koninklijke Luchtmacht

5.    Ministry of Economic Affairs - Ministerie van Economische Zaken

-    Economic Investigation Agency - Economische Controledienst

   - Central Plan Bureau - Centraal Planbureau
   - Netherlands Central Bureau of Statistics - Centraal Bureau voor de Statistiek
   - Senter - Senter
   - Industrial Property Office - Bureau voor de Industriële Eigendom
   - Central Licensing Office for Import and Export - Centrale Dienst voor de In- en Uitvoer
   - State Supervision of Mines - Staatstoezicht op de Mijnen
   - Geological Survey of the Netherlands - Rijks Geologische Dienst

6.    Ministry of Finance - Ministerie van Financiën

-    State Property Department - Dienst der Domeinen

   - Directorates of the State Tax Department - Directies der Rijksbelastingen
   - State Tax Department/Fiscal Intelligence and Information Department
   - Belastingdienst/FIOD
   - State Tax Department/Computer Centre - Belastingdienst/Automatiseringscentrum

-    State Tax Department/Training - Belastingdienst/Opleidingen

7.    Ministry of Justice - Ministerie van Justitie

   - Education and Training Organization, Directorate General for the Protection of Young People and the Care of Offenders - Opleidings- en vormingsorganisatie Directoraat-Generaal
   Jeugdbescherming en Delinquentenzorg
   - Child Care and Protection Board - Raden voor de Kinderbescherming in de provincies
   - State Institutions for Child care and Protection - Rijksinrichtingen voor de Kinderbescherming in de provincies
   - Prisons - Penitentiaire inrichtingen in de provincie
   - State Institutions for Persons Placed under Hospital Order - Rijksinrichtingen voor TBS - verpleging in de provincies
   - Internal Facilities Service of the Directorate for Young Offenders and Young Peoples Institute - Dienst Facilitaire Zaken van de Directie Delinquentenzorg en Jeugdinrichtingen
   - Legal Aid Department - Dienst Gerechtelijke Ondersteuning in de arrondissementen
   - Central Collection Office for the Courts - Centraal Ontvangstkantoor der Gerechten
   - Central Debt Collection Agency of the Ministry of Justice - Centraal Justitie Incassobureau
   - National Criminal Investigation Department - Rijksrecherche
   - Forensic Laboratory - Gerechtelijk Laboratorium

-    National Police Services Force - Korps Landelijke Politiediensten

-    District offices of the Immigration and Naturalisation Service - Districtskantoren Immigratie-en Naturalisatiedienst

   8. Ministry of Agriculture, Nature Management and Fisheries - Ministerie van Landbouw, Natuurbeheer en Visserij
   - National Forest Service - Staatsbosbeheer
   - Agricultural Research Service - Dienst Landbouwkundig Onderzoek
   - Agricultural Extension Service - Dienst Landbouwvoorlichting
   - Land Development Service - Landinrichtingsdienst
   - National Inspection Service for Animals and Animal Protection - Rijksdienst voor de Keuring van Vee en Vlees
   - Plant Protection Service - Plantenziektenkundige Dienst
   - General Inspection Service - Algemene Inspectiedienst
   - National Fisheries Research Institute - Rijksinstituut voor Visserijonderzoek
   - Government Institute for Quality Control of Agricultural Products - Rijkskwaliteit Instituut voor Land- en Tuinbouwprodukten

-    National Institute for Nature Management - Instituut voor Bos- en Natuuronderzoek

-    Game Fund - Jachtfonds

   9. Ministry of Education and Science - Ministerie van Onderwijs en Wetenschappen
   - Royal Library - Koninklijke Bibliotheek
   - Institute for Netherlands History - Instituut voor Nederlandse Geschiedenis
   - Netherlands State Institute for War Documentation - Rijksinstituut voor Oorlogsdocumentatie

-    Institute for Educational Research - Instituut voor Onderzoek van het Onderwijs

-    National Institute for Curriculum Development - Instituut voor de Leerplan Ontwikkeling

   10. Ministry of Social Affairs and Employment - Ministerie van Sociale Zaken en Werkgelegenheid
   - Wages Inspection Service - Loontechnische dienst
   - Inspectorate for Social Affairs and Employment - Inspectie en Informatie Sociale Zaken en Werkgelegenheid
   - National Social Assistance Consultancies Services - Rijksconsulentschappen Sociale Zekerheid
   - Steam Equipment Supervision Service - Dienst voor het Stoomwezen

-    Conscientious Objectors Employment Department - Tewerkstelling erkend gewetensbezwaarden militaire dienst

-    Directorate for Equal Opportunities - Directie Emancipatie

   11. Ministry of Transport, Public Works and Water Management - Ministerie van Verkeer en Waterstaat
   - Directorate-General for Transport - Directoraat-Generaal Vervoer
   - Directorate-General for Public Works and Water Management - Directoraat-Generaal Rijkswaterstaat
   - Directorate-General for Civil Aviation - Directoraat- Generaal Rijksluchtvaartdienst

-    Telecommunications and Post Department - Hoofddirectie Telecommunicatie en Post

-    Regional Offices of the Directorates-General and General Management, Inland Waterway Navigation Service -De regionale organisatie van de directoraten-generaal en de hoofddirectie Vaarwegmarkeringsdienst

   12. Ministry of Housing, Physical Planning and Environment - Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer
   - Directorate-General for Environment Management - Directoraat-Generaal Milieubeheer
   - Directorate-General for Public Housing - Directoraat- Generaal van de Volkshuisvesting

-    Government Buildings Agency - Rijksgebouwendienst

-    National Physical Planning Agency - Rijksplanologische Dienst

   13. Ministry of Welfare, Health and Cultural Affairs - Ministerie van Welzijn, Volksgezondheid en Cultuur
   - Social and Cultural Planning Office - Sociaal en Cultureel Planbureau
   - Inspectorate for Child and Youth Care and Protection Services - Inspectie Jeugdhulpverlening en Jeugdbescherming
   - Medical Inspectorate of Health Care - Inspecties van het Staatstoezicht op de Volksgezondheid
   - Cultural Castle Council - Rijksdienst Kastelenbeheer
   - National Archives Department - Rijksarchiefdienst
   - Department for the Conservation of Historic Buildings and Sites - Rijksdienst voor de Monumentenzorg
   - National Institute of Public Health and Environmental Protection - Rijksinstituut voor Milieuhygiëne

-    National Archeological Field Survey Commission - Rijksdienst voor het Oudheidkundig Bodemonderzoek

-    Netherlands Office for Fine Arts - Rijksdienst Beeldende Kunst

14.    Cabinet for Netherlands Antillean and Aruban Affairs - Kabinet voor Nederlands-Antilliaanse en Arubaanse zaken

15.    Higher Colleges of State - Hogere Colleges van Staat

16.    Council of State - Raad van State

17. Netherlands Court of Audit - Algemene Rekenkamer

18.    National Ombudsman - Nationale Ombudsman

   AUSTRIA

1.    Bundeskanzleramt - Amtswirtschaftsstelle

2.    Bundesministerium für auswärtige Angelegenheiten

3.    Bundesministerium für Gesundheit und Konsumentenschutz

4.    Bundesministerium für Finanzen

(a)    Amtswirtschaftsstelle

(b)    Abteilung VI/5 (EDV-Beschaffung des Bundesministeriums für Finanzen und des Bundesrechenamtes)

(c)    Abteilung III/1 (Beschaffung von technischen Geräten, Einrichtungen und Sachgütern für die Zollwache)

5.    Bundesministerium für Jugend und Familie - Amtswirtschaftsstelle

6.    Bundesministerium für wirtschaftliche Angelegenheiten

7.    Bundesministerium für Inneres

(a)    Abteilung I/5 (Amtswirtschaftsstelle)

(b)    EDV-Zentrum (Beschaffung von elektronischen Datenverarbeitungssystemen (Hardware))

(c)    Abteilung II/3 (Beschaffung von technischen Geräten und Einrichtungen für die Bundespolizei)

(d)    Abteilung I/6 (Beschaffung von Sachgütern (mit Ausnahme der von der Abteilung II/3 zu beschaffenden Sachgüter) für die Bundespolizei)

(e)    Abteilung IV/8 (Beschaffung von Fluggeräten)

8.    Bundesministerium für Justiz - Amtswirtschaftsstelle

9.    Bundesministerium für Landesverteidigung (43)

10.    Bundesministerium für Land- und Forstwirtschaft

11.    Bundesministerium für Arbeit und Soziales - Amtswirtschaftsstelle

12.    Bundesministerium für Unterricht und kulturelle Angelegenheiten

13.    Bundesministerium für öffentliche Wirtschaft und Verkehr

14.    Bundesministerium für Wissenschaft, Forschung und Kunst

15.    Österreichisches Statistisches Zentralamt

16.    Österreichische Staatsdruckerei

17.    Bundesamt für Eich- und Vermessungswesen

18.    Bundesversuchs- und Forschungsanstalt-Arsenal (BVFA)

19.    Bundesstaatliche Prothesenwerkstätten

20.    Austro Control GmbH - Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung

21.    Bundesprüfanstalt für Kraftfahrzeuge

22. Generaldirektion für die Post- und Telegraphenverwaltung (nur Postwesen)

23. Bundesministerium für Umwelt - Amtswirtschaftsstelle

PORTUGAL

Prime Minister's Office

Legal Centre

Centre for Studies and Training (Local Government)

Government Computer Network Management Centre

National Council for Civil Defence Planning

Permanent Council for Industrial Conciliation

Department for Vocational and Advanced Training

Ministerial Department with special responsibility for Macao

Ministerial Department responsible for Community Service by Conscientious Objectors

Institute for Youth

National Administration Institute

Secretariat General, Prime Minister's Office

Secretariat for Administrative Modernization

Social Services, Prime Minister's Office

Ministry of Home Affairs

Directorate-General for Roads

Ministerial Department responsible for Studies and Planning

Civilian administrations

Customs Police

Republican National Guard

Police

Secretariat General

Technical Secretariat for Electoral Matters

Customs and Immigration Department

Intelligence and Security Department

National Fire Service

Ministry of Agriculture

Control Agency for Community Aid to Olive Oil Production

Regional Directorate for Agriculture (Beira Interior)

Regional Directorate for Agriculture (Beira Litoral)

Regional Directorate for Agriculture (Entre Douro e Minho)

Regional Directorate for Agriculture (Trás-os-Montes)

Regional Directorate for Agriculture (Alentejo)

Regional Directorate for Agriculture (Algarve)

Regional Directorate for Agriculture (Ribatejo e Oeste)

General Inspectorate and Audit Office (Management Audits)

Viticulture Institute

National Agricultural Research Institute

Institute for the Regulation and Guidance of Agricultural Markets

Institute for Agricultural Structures and Rural Development

Institute for Protection of Agri-Food Production

Institute for Forests

Institute for Agricultural Markets and Agri-Foods Industry

Secretariat General

IFADAP (Financial Institute for the Development of Agriculture and Fishing) (44)

INGA (National Agricultural Intervention and Guarantee Institute) (45)

Ministry of the Environment and Natural Resources

Directorate-General for Environment

Institute for Environmental Promotion

Institute for the Consumer

Institute for Meteorology

Secretariat General

Institute for Natural Conservancy

Ministerial Department for the Improvement of the Estoril Coast

Regional Directorates for Environment and Natural Resources

Water Institute

Ministry of Trade and Tourism

Commission responsible for the Application of Economic Penalties

Directorate-General for Competition and Prices

Directorate-General for Inspection (Economic Affairs)

Directorate-General for Tourism

Directorate-General for Trade

Tourism Fund

Ministerial Department responsible for Community Affairs

ICEP (Portuguese Foreign Trade Institute)

General Inspectorate for Gambling

National Institute for Training in Tourism

Regional Tourist Boards

Secretariat General

ENATUR (National Tourism Enterprise) - Public enterprise (46)

Ministry of Defence (47)

National Security Authority

National Council for Emergency Civil Planning

Directorate-General for Armaments and Defence Equipments

Directorate-General for Infrastructure

Directorate-General for Personnel

Directorate-General for National Defence Policy

Secretariat General

Office of the Chief of Staff of the Armed Forces (48)

Administrative Council of the Office of the Chief of Staff of the Armed Forces

Commission of Maintenance of NATO Infrastructure

Executive Commission of NATO Infrastructure

Social Works of the Armed Forces

Office of the Chief of Staff, Air Force (49)

Air Force Logistics and Administrative Commando

General Workshop for Aeronautical Equipment

Office of the Chief of Staff, Army (50)

Logistics Department

Directorate for Army Engineering

Directorate for Army Communications

Service Directorate for Fortifications and Army Works

Service Directorate for the Army Physical Education

Service Directorate Responsible for the Army Computer

Service Directorate for Intendancy

Service Directorate for Equipment

Service Directorate for Health

Directorate for Transport

Main Army Hospital

General Workshop of Uniforms and Equipment

General Workshop of Engineering Equipment

Bakery

Army Laboratory for Chemical and Pharmaceutical Products

Office of the Chief of Staff, Navy (51)

Directorate for Naval Facilities

Directorate-General for Naval Equipment

Directorate for Instruction and Training

Directorate of the Service of Naval Health

The Navy Hospital

Directorate for Supplies

Directorate for Transport

Directorate of the Service of Maintenance

Armed Computer Service

Continent Naval Commando

Azores Naval Commando

Madeira Naval Commando

Commando of Lisbon Naval Station

Army Centre for Physical Education

Administrative Council of Central Navy Administration

Naval War Height Institute

Directorate-General for the Navy

Directorate-General for Lighthouses and School for Lighthouse Keepers

The Hydrographic Institute

Vasco da Gama Aquarium

The Alfeite Arsenal

Ministry of Education

Secretariat General

Department for Planning and Financial Management

Department for Higher Education

Department for Secondary Education

Department for Basic Education

Department for Educational Resources Management

General Inspectorate of Education

Bureau for the Launching and Coordination of the School Year

Regional Directorate for Education (North)

Regional Directorate for Education (Centre)

Regional Directorate for Education (Lisbon)

Regional Directorate for Education (Alentejo)

Regional Directorate for Education (Algarve)

Camões Institute

Institute for Innovation in Education António Aurélio da Costa Ferreira

Institute for Sports

Department of European Affairs

Ministry of Education Press

Ministry of Employment and Social Security

National Insurance and Occupational Health Fund

Institute for Development and Inspection of Labour Conditions

Social Welfare Funds

Casa Pia de Lisboa (52)

National Centre for Pensions

Regional Social Security Centres

Commission on Equal Opportunity and Rights for Women

Statistics Department

Studies and Planning Department

Department of International Relations and Social Security Agreements

European Social Fund Department

Department of European Affairs and External Relations

Directorate-General for Social Works

Directorate-General for the Family

Directorate-General for Technical Support to Management

Directorate-General for Employment and Vocational Training

Directorate-General for Social Security Schemes

Social Security Financial Stabilization Fund

General Inspectorate for Social Security

Social Security Financial Management Institute

Employment and Vocational Training Institute

National Institute for Workers' Leisure Time

Secretariat General

National Secretariat for Rehabilitation

Social Services

Santa Casa da Misericórdia de Lisboa (53)

Ministry of Finance

ADSE (Directorate-General for the Protection of Civil Servants)

Legal Affairs Office

Directorate-General for Public Administration

Directorate-General for Public Accounts and General Budget Supervision

Directorate-General for the State Loans Board

Directorate-General for the Customs Service

Directorate-General for Taxation

Directorate-General for State Assets

Directorate-General for the Treasury

Ministerial Department responsible for Economic Studies

Ministerial Department responsible for European Affairs

GAFEEP (Ministerial Department responsible for Studies on the Funding of the State and Public Enterprises)

General Inspectorate for Finance

Institute for Information Technology

State Loans Board

Secretariat General

SOFE (Social Services of the Ministry of Finance)

Ministry of Industry and Energy

Regional Delegation for Industry and Energy (Lisbon and Tagus Valley)

Regional Delegation for Industry and Energy (Alentejo)

Regional Delegation for Industry and Energy (Algarve)

Regional Delegation for Industry and Energy (Centre)

Regional Delegation for Industry and Energy (North)

Directorate-General for Industry

Directorate-General for Energy

Geological and Mining Institute

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Oil Exploration and Production

Ministerial Department responsible for Community Affairs

National Industrial Property Institute

Portuguese Institute for Quality

INETI (National Institute for Industrial Engineering and Technology)

Secretariat General

PEDIP Manager's Department

Legal Affairs Office

Commission for Emergency Industrial Planning

Commission for Emergency Energy Planning

IAPMEI (Institute for Support of Small and Medium-sized Enterprises and Investments)

Ministry of Justice

Centre for Legal Studies

Social Action and Observation Centres

The High Council of the Judiciary (Conselho Superior de Magistratura)

Central Registry

Directorate-General for Registers and Other Official Documents

Directorate-General for Computerized Services

Directorate-General for Legal Services

Directorate-General for the Prison Service

Directorate-General for the Protection and Care of Minors Prison Establishments

Ministerial Department responsible for European Law

Ministerial Department responsible for Documentation and Comparative Law

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Financial Management

Ministerial Department responsible for Planning and Coordinating Drug Control

São João de Deus Prison Hospital

Corpus Christi Institute

Guarda Institute

Institute for the Rehabilitation of Offenders

São Domingos de Benfica Institute

National Police and Forensic Science Institute

Navarro Paiva Institute

Padre António Oliveira Institute

São Fiel Institute

São José Institute

Vila Fernando Institute

Criminology Institutes

Forensic Medicine Institutes

Criminal Investigation Department

Secretariat General

Social Services

Ministry of Public Works, Transport and Communications

Council for Public and Private Works Markets

Directorate-General for Civil Aviation

Directorate-General for National Buildings and Monuments

Directorate-General for Road and Rail Transport

Ministerial Department responsible for River Crossings (Tagus)

Ministerial Department for Investment Coordination

Ministerial Department responsible for the Lisbon Railway Junction

Ministerial Department responsible for the Oporto Railway Junction

Ministerial Department responsible for Navigation on the Douro

Ministerial Department responsible for the European Communities

General Inspectorate for Public Works, Transport and Communications

Independent Executive for Roads

National Civil Engineering Laboratory

Social Works Department of the Ministry of Public Works, Transport and Communications

Secretariat General

Institute for Management and Sales of State Housing

CTT - Post and Telecommunications of Portugal SA (54)

Ministry of Foreign Affairs

Directorate-General for Consular Affairs and for Financial Administration

Directorate-General for the European Communities

Directorate-General for Cooperation

Institute for Portuguese Emigrants and Portuguese Communities Abroad

Institute for Economic Cooperation

Secretariat General

Ministry of Territorial Planning and Management

Academy of Science

Legal Affairs Office

National Centre for Geographical Data

Regional Coordination Committee (Centre)

Regional Coordination Committee (Lisbon and Tagus Valley)

Regional Coordination Committee (Alentejo)

Regional Coordination Committee (Algarve)

Regional Coordination Committee (North)

Central Planning Department

Ministerial Department for European Issues and External Relations

Directorate-General for Local Government

Directorate-General for Regional Development

Directorate-General for Town and Country Planning

Ministerial Department responsible for Coordination of the Alqueva Project

General Inspectorate for Territorial Administration

National Statistical Institute

António Sérgio Cooperative Institute

Institute for Scientific and Tropical Research

Geographical and Land Register Institute

National Scientific and Technological Research Board

Secretariat General

Ministry of the Sea

Directorate-General for Fishing

Directorate-General for Ports, Navigation and Maritime Transport

Portuguese Institute for Maritime Exploration

Maritime Administration for North, Centre and South

National Institute for Port Pilotage

Institute for Port Labour

Port Administration of Douro and Leixões

Port Administration of Lisbon

Port Administration of Setúbal and Sesimbra

Port Administration of Sines

Independent Executive for Ports

Infante D. Henrique Nautical School

Portuguese Fishing School and School of Sailing and Marine Craft

Secretariat General

Ministry of Health

Regional Health Administrations

Health Centres

Mental Health Centres

Histocompatibility Centres

Regional Alcoholism Centres

Department for Studies and Health Planning

Health Human Resource Department

Directorate-General for Health

Directorate-General for Health Installations and Equipment

National Institute for Chemistry and Medicament

Supporting Centres for Drug Addicts

Institute for Computer and Financial Management of Health Services

Infirmary Technical Schools

Health Service Technical Colleges

Central Hospitals

District Hospitals

General Inspectorate of Health

National Institute of Emergency Care

Dr Ricardo Jorge National Health Institute

Dr Jacinto de MagalhAes Institute of Genetic Medicine

Dr Gama Pinto Institute of Opthalmology

Portuguese Blood Institute

General Practitioners Institutes

Secretariat General

Service for Prevention and Treatment of Drug Dependence

Social Services, Ministry of Health

FINLAND

Oikeuskanslerinvirasto

Justitiekanslersämbetet

Kauppa- ja teollisuusministeriö

Handels- och industriministeriet

Kuluttajavirasto

Konsumentverket

Elintarvikevirasto

Livsmedelsverket

Kilpailuvirasto

Konkurrensverket

Kilpailuneuvosto

Konkurrensrådet

Kuluttajavalituslautakunta

Konsumentklagonämnden

Patentti- ja rekisterihallitus

Patent- och registerstyrelsen

Liikenne- ja viestintäministeriö

Kommunikationsministeriet

Viestintävirasto

Kommunikationsverket

Maa- ja metsätalousministeriö

Jord- och skogsbruksministeriet

Maanmittauslaitos

Lantmäteriverket

Oikeusministeriö

Justitieministeriet

Tietosuojavaltuutetun toimisto

Dataombudsmannens byrå

   Tuomioistuinlaitos

   Domstolsväsendet

   Korkein oikeus

   Högsta domstolen

   Korkein hallinto-oikeus

   Högsta förvaltningsdomstolen

   Hovioikeudet

   Hovrätterna

   Käräjäoikeudet

   Tingsrätterna

   Hallinto-oikeudet

   Förvaltningsdomstolarna

   Markkinatuomioistuin

   Marknadsdomstolen

   Työtuomioistuin

   Arbetsdomstolen

   Vakuutusoikeus

   Försäkringsdomstolen

– Vankeinhoitolaitos

– Fångvårdsväsendet

Opetusministeriö

Undervisningsministeriet

Opetushallitus

Utbildningsstyrelsen

Valtion elokuvatarkastamo

Statens filmgranskningsbyrå

Puolustusministeriö

Försvarsministeriet

Puolustusvoimat (55)

Försvarsmakten

Sisäasiainministeriö

Inrikesministeriet

Väestörekisterikeskus

Befolkningsregistercentralen

Keskusrikospoliisi

Centralkriminalpolisen

Liikkuva poliisi

Rörliga polisen

Rajavartiolaitos (56)

Gränsbevakningsväsendet

Sosiaali- ja terveysministeriö

Social- och hälsovårdsministeriet

Työttömyysturvalautakunta

Arbetslöshetsnämnden

Tarkastuslautakunta

Prövningsnämnden

Lääkelaitos

Läkemedelsverket

Terveydenhuollon oikeusturvakeskus

Rättsskyddscentralen för hälsovården

Säteilyturvakeskus

Strålsäkerhetscentralen

Työministeriö

Arbetsministeriet

Valtakunnansovittelijain toimisto

Riksförlikningsmännens byrå

Työneuvosto

Arbetsrådet

Ulkoasiainministeriö

Utrikesministeriet

Valtiovarainministeriö

Finansministeriet

Valtiontalouden tarkastusvirasto

Statens revisionsverk

Valtiokonttori

Statskonturet

Valtion työmarkkinalaitos

Statens arbetsverk

Verohallinto

Skatteförvaltningen

Tullihallinto

Tullförvaltningen

Valtion vakuusrahasto

Statens säkerhetsfond

Ympäristöministeriö

Miljöministeriet

SWEDEN

A

Akademien för de fria konsterna

Royal Academy of Fine Arts

Allmänna advokatbyråerna(28)

Public Law-Service Offices(28)

Allmänna reklamationsnämnden

Nation al Board for Consumer Complaints

Arbetarskyddsstyrelsen

National Board of Occupational Safety and Health

Arbetsdomstolen

Labour Court

Arbetsgivarverk, statens

National Agency for Government Employers

Arbetslivscentrum

Centre for Working Life

Arbetslivsfonden

Working Lives Fund

Arbetsmarknadsstyrelsen

National Labour Market Board

Arbetsmiljöfonden

Work Environment Fund

Arbetsmiljöinstitutet

National Institute of Occupational Health

Arbetsmiljönämnd, statens

Board of Occupational Safety and Health for Government Employees

Arkitekturmuseet

Museum of Architecture

Arkivet för ljud och bild

National Archive of Recorded Sound and Moving Images

Arrendenämnder (12)

Regional Tenancies Tribunals (12)

B

Barnmiljörådet

National Child Environment Council

Beredning för utvärdering av medicinsk metodik, statens

Swedish Council on Technology Assessment in Health Care

Beredningen för internationell tekniskt-ekonomiskt samarbete

Agency for International Technical and Economic Co-operation

Besvärsnämnden för rättshjälp

Legal Aid Appeals Commission

Biblioteket, Kungl.

Royal Library

Biografbyrå, statens

National Board of Film Censors

Biografiskt lexikon, svenskt

Dictionary of Swedish Biography

Bokföringsnämnden

Swedish Accounting Standards Board

Bostadsdomstolen

Housing Appeal Court

Bostadskreditnämnd, statens

National Housing Credit Guarantee Board

(BKN)

Boverket

National Housing Board

Brottsförebyggande rådet

National Council for Crime Prevention

Brottsskadenämnden

Criminal Injuries Compensation Board

C

Centrala försöksdjursnämnden

Central Committee for Laboratory Animals

Centrala studiestödsnämnden

National Board of Student Aid

Centralnämnden för fastighetsdata

Central Board for Real-Estate Data

D

Datainspektionen

Data Inspection Board

Departementen

Ministries (Government Departments)

Domstolsverket

National Courts Administration

E

Elsäkerhetsverket

National Electrical Safety Board

Expertgruppen för forskning om regional utveckling

Expert Group on Regional Studies

Exportkreditnämnden

Export Credits Guarantee Board

F

Fideikommissnämnden

Entailed Estates Council

Finansinspektionen

Financial Supervisory Authority

Fiskeriverket

National Board of Fisheries

Flygtekniska försöksanstalten

Aeronautical Research Institute

Folkhälsoinstitutet

National Institute of Public Health

Forskningsrådsnämnden

Council for Planning and Co- ordination of Research

Fortifikationsförvaltningen * (57)

Fortifications Administration

Frivårdens behandlingscentral

Probation Treatment Centre

Förlikningsmannaexpedition statens

National Conciliators' Office

Försvarets civilförvaltning*

Civil Administration of the Defence Forces

Försvarets datacenter*

Defence Data-Processing Centre

Försvarets forskningsanstalt*

National Defence Research Establishment

Försvarets förvaltningsskola*

Defence Forces' Administration School

Försvarets materielverk*

Defence Material Administration

Försvarets radioanstalt*

National Defence Radio Institute

Försvarets sjukvårdsstyrelse*

Medical Board of the Defence Forces

Försvarshistoriska musseer, statens*

Swedish Museums of Military History

Försvarshögskolan*

National Defence College

Försäkringskassorna

Social Insurance Offices

Försäkringsdomstolarna

Social Insurance Courts

Försäkringsöverdomstolen

Supreme Social Insurance Court

G

Geologiska undersökning, Sveriges

Geological Survey of Sweden

Geotekniska institut, statens

Geotechnical Institute

Glesbygdsmyndigheten

National Rural Area Development Authority

Grafiska institutet och institutet för högre kommunikations-och reklamutbildning

Graphic Institute and the Graduate School of Communications

H

Handelsflottans kultur- och fritidsråd

Swedish Government Seamen's Service

Handelsflottans pensionsanstalt

Merchant Pensions Institute

Handikappråd, statens

National Council for the Disabled

Haverikommission, statens

Board of Accident Investigation

Hovrätterna (6)

Courts of Appeal (6)

Humanistisk-samhällsvetenskapliga forskningsrådet

Council for Research in the Humanities and SocialSciences

Hyresnämnder (12)

Regional Rent Tribunals (12)

Häktena (30)

Remand Prisons (30)

Hälso-och sjukvårdens ansvarsnämnd

Committee on Medical Responsibility

Högsta domstolen

Supreme Court

I

Inskrivningsmyndigheten för företagsinteckningar

Register Authority for Floating Charges

Institut för byggnadsforskning, statens

Council for Building Research

Institut för psykosocial miljömedicin, statens

National Institute for Psycho-Social Factors and Health

Institutet för rymdfysik

Swedish Institute of Space Physics

Invandrarverk, statens

Swedish Immigration Board

J

Jordbruksverk, statens

Swedish Board of Agriculture

Justitiekanslern

Office of the Chancellor of Justice

Jämställdhetsombudsmannen och jämställdhetsdelegationen

Office of the Equal Opportunities Ombudsman and the Equal Opportunities Commission

K

Kabelnämnden/Närradionämnde

Swedish Cable Authority / Swedish Community Radio

n

Authority

Kammarkollegiet

National Judicial Board of Public Lands and Funds

Kammarrätterna (4)

Administrative Courts of Appeal (4)

Kemikalieinspektionen

National Chemicals Inspectorate

Kommerskollegium

National Board of Trade

Koncessionsnämnden för miljö-skydd

National Franchise Board for Environment Protection

Konjunkturinstitutet

National Institute of Economic Research

Konkurrensverket

Swedish Competition Authority

Konstfackskolan

College of Arts, Crafts and Design

Konsthögskolan

College of Fine Arts

Konstmuseer, statens

National Art Museums

Konstnärsnämnden

Arts Grants Committee

Konstråd, statens

National Art Council

Konsumentverket

National Board for Consumer Policies

Krigsarkivet*

Armed Forces Archives

Kriminaltekniska laboratorium, statens

National Laboratory of Forensic Science

Kriminalvårdens regionkanslier (7)

Correctional Region Offices (7)

Kriminalvårdsanstalterna (78)

National / Local Institutions (78)

Kriminalvårdsnämnden

National Paroles Board

Kriminalvårdsstyrelsen

National Prison and Probation Administration

Kronofogdemyndigheterna (24)

Enforcement Services (24)

Kulturråd, statens

National Council for Cultural Affairs

Kustbevakningen*

Swedish Coast Guard

Kärnkraftinspektion, statens

Nuclear-Power Inspectorate

L

Lantmäteriverk, statens

Central Office of the National Land Survey

Livrustkammaren/Skoklosters slott/

Royal Armoury

Hallwylska museet

Livsmedelsverk, statens

National Food Administration

Lotterinämnden

Gaming Board

Läkemedelsverket

Medical Products Agency

Läns- och distriktsåklagarmyndigheterna

County Public Prosecution Authority and District Prosecution Authority

Länsarbetsnämnderna (24)

County Labour Boards (24)

Länsrätterna (25)

County Administrative Courts (25)

Länsstyrelserna (24)

County Administrative Boards (24)

Löne- och pensionsverk, statens

National Government Employee Salaries and Pensions Board

M

Marknadsdomstolen

Market Court

Maskinprovningar, statens

National Machinery Testing Institute

Medicinska forskningsrådet

Medical Research Council

Meteorologiska och hydrologiska institut, Sveriges

Swedish Meteorological and Hydrological Institute

Militärhögskolan*

Armed Forces Staff and War College

Musiksamlingar, statens

Swedish National Collections of Music

N

Naturhistoriska riksmuseet

Museum of Natural History

Naturvetenskapliga forskningsrådet

Natural Science Research Council

Naturvårdsverk, statens

National Environmental Protection Agency

Nordiska Afrikainstitutet

Scandinavian Institute of African Studies

Nordiska hälsovårdshögskolan

Nordic School of Public Health

Nordiska institutet för samhällsplanering

Nordic Institute for Studies in Urban and RegionalPlanning

Nordiska museet, stiftelsen

Nordic Museum

Nordiska rådets svenska delegation

Swedish Delegation of the Nordic Council

Notarienämnden

Recorders Committee

Nämnden för internationella adoptionsfrågor

National Board for Intra-Country Adoptions

Nämnden för offentlig upphandling

National Board for Public Procurement

Nämnden för statens gruvegendom

State Mining Property Commission

Nämnden för statliga förnyelsefonder

National Fund for Administrative Development and Training for Government Employees

Nämnden för utställning av nutida svensk konst i utlandet

Swedish National Committee for Contemporary Art Exhibitions Abroad

Närings- och teknikutvecklingsverket

National Board for Industrial and Technical Development

O

Ombudsmannen mot etnisk diskriminering och nämnden mot etnisk diskriminering

Office of the Ethnic Discrimination Ombudsman Advisory Committee on Questions Concerning Ethnic Discrimination

P

Patentbesvärsrätten

Court of Patent Appeals

Patent- och registreringsverket

Patents and Registration Office

Person- och adressregisternämnd, statens

Co-ordinated Population and Address Register

Polarforskningssekretariatet

Swedish Polar Research Secretariat

Presstödsnämnden

Press Subsidies Council

Psykologisk-pedagogiska bibliotek, statens

National Library for Psychology and Education

R

Radionämnden

Broadcasting Commission

Regeringskansliets förvaltningskontor

Central Services Office for the Ministries

Regeringsrätten

Supreme Administrative Court

Riksantikvarieämbetet och statens historiska museer

Central Board of National Antiquities and National Historical Museums

Riksarkivet

National Archives

Riksbanken

Bank of Sweden

Riksdagens förvaltningskontor

Administration Department of the Swedish Parliament

Riksdagens ombudsmän, JO

The Parliamentary Ombudsmen

Riksdagens revisorer

The Parliamentary Auditors

Riksförsäkringsverket

National Social Insurance Board

Riksgäldskontoret

National Debt Office

Rikspolisstyrelsen

National Police Board

Riksrevisionsverket

National Audit Bureau

Riksskatteverket

National Tax Board

Riksutställningar, Stiftelsen

Travelling Exhibitions Service

Riksåklagaren

Office of the Prosecutor- General

Rymdstyrelsen

National Space Board

Råd för byggnadsforskning, statens

Council for Building Research

Rådet för grundläggande högskoleutbildning

Council for Renewal of Undergraduate Education

Räddningsverk, statens

National Rescue Services Board

Rättshjälpsnämnden

Regional Legal-aid Commission

Rättsmedicinalverket

National Board of Forensic Medicine

S

Sameskolstyrelsen och sameskolor

Sami (Lapp) School Board and Sami (Lapp) Schools

Sjöfartsverket

National Maritime Administration

Sjöhistoriska museer, statens

National Maritime Museums

Skattemyndigheterna (24)

Local Tax Offices (24)

Skogs- och jordbrukets forkningsråd

Swedish Council for Forestry and Agricultural Research

Skogsstyrelsen

National Board of Forestry

Skolverk, statens

National Agency for Education

Smittskyddsinstitutet

Swedish Institute for Infectious Disease Control

Socialstyrelsen

National Board of Health and Welfare

Socialvetenskapliga forskningsrådet

Swedish Council for Social Research

Sprängämnesinspektionen

National Inspectorate of Explosives and Flammables

Statistiska centralbyrån

Statistics Sweden

Statskontoret

Agency for Administrative Development

Stiftelsen WHO

Collaborating Centre on International Drug Monitoring

Strålskyddsinstitut, statens

National Institute of Radiation Protection

Styrelsen för internationell utveckling, SIDA

Swedish International Development Authority

Styrelsen för Internationellt Näringslivsbistånd, SWEDECORP

Swedish International Enterprise Development

Styrelsen för psykologiskt försvar*

National Board of Psychological Defence

Styrelsen för Sverigebilden

Image Sweden

Styrelsen för teknisk ackreditering

Swedish Board for Technical Accreditation

Styrelsen för u-landsforskning, SAREC

Swedish Agency for Research Cooperation with Developing Countries

Svenska institutet, stiftelsen

Swedish Institute

T

Talboks- och punktskriftsbiblioteket

Library of Talking Books and Braille Publications

Teknikvetenskapliga forskningsrådet

Swedish Research Council for Engineering Sciences

Tekniska museet, stiftelsen

National Museum of Science and Technology

Tingsrätterna (97)

District and City Courts (97)

Tjänsteförslagsnämnden för domstolsväsendet

Judges Nomination Proposal Committee

Transportforskningsberedningen

Transport Research Board

Transportrådet

Board of Transport

Tullverket

Swedish Board of Customs

U

Ungdomsråd, statens

State Youth Council

Universitet och högskolor

Universities and University Colleges

Utlänningsnämnden

Aliens Appeals Board

Utsädeskontroll, statens

National Seed Testing and Certification Institute

V

Vatten- och avloppsnämnd, statens

National Water Supply and Sewage Tribunal

Vattenöverdomstolen

Water Rights Court of Appeal

Verket för högskoleservice (VHS)

National Agency for Higher Education

Veterinärmedicinska anstalt, statens

National Veterinary Institute

Väg- och trafikinstitut, statens

Road and Traffic Research Institute

Värnpliktsverket*

Armed Forces' Enrolment Board

Växtsortnämnd, statens

National Plant Variety Board

Y

Yrkesinspektionen

Labour Inspectorate

Å

Åklagarmyndigheterna

Public Prosecution Authorities

Ö

Överbefälhavaren

Supreme Commander of the Armed Forces

Överstyrelsen för civil beredskap

National Board of Civil Emergency Preparedness

UNITED KINGDOM

Cabinet Office

Chessington Computer Centre

Civil Service College

Recruitment and Assessment Service

Civil Service Occupational Health Service

Office of Public Services and Science

Parliamentary Counsel Office

The Government Centre on Information Systems (CCTA)

Central Office of Information

Charity Commission

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure only)

Customs and Excise Department

Department for National Savings

Department for Education

Higher Education Funding Council for England

Department of Employment

Employment Appeals Tribunal

Industrial Tribunals

Office of Manpower Economics

Department of Health

Central Council for Education and Training in Social Work

Dental Practice Board

English National Board for Nursing, Midwifery and Health Visitors

National Health Service Authorities and Trusts

Prescriptions Pricing Authority

Public Health Laboratory Service Board

United Kingdom Central Council for Nursing, Midwifery and Health Visiting

Department of National Heritage

British Library

British Museum

Historic Buildings and Monuments Commission for England (English Heritage)

Imperial War Museum

Museums and Galleries Commission

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Royal Commission on Historical Manuscripts

Royal Commission on Historical Monuments of England

Royal Fine Art Commission (England)

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department of Social Security

Medical Boards and Examining Medical Officers (War Pensions)

Regional Medical Service

Independent Tribunal Service

Disability Living Allowance Advisory Board

Social Security Advisory Co

Social Security Advisory Committee

Department of the Environment

Building Research Establishment Agency

Commons Commissioners

Countryside Commission

Valuation Tribunal

Rent Assessment Panels

Royal Commission on Environmental Pollution

The Buying Agency

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department of Trade and Industry

Laboratory of the Government Chemist

National Engineering Laboratory

National Physical Laboratory

National Weights and Measures Laboratory

Domestic Coal Consumers' Council

Electricity Committees

Gas Consumers' Council

Central Transport Consultative Committees

Monopolies and Mergers Commission

Patent Office

Department of Transport

Coastguard Services

Transport Research Laboratory

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary's Department

Government Communications Headquarters

Home Office

Boundary Commission for England

Gaming Board for Great Britain

Inspectors of Constabulary

Parole Board and Local Review Committees

House of Commons

House of Lords

Inland Revenue, Board of

Intervention Board for Agricultural Produce

Lord Chancellor's Department

Combined Tax Tribunal

Council on Tribunals

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeals Tribunal

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Pensions Appeals Tribunals

Public Trustee Office

Office of the Social Security Commissioners

Supreme Court Group (England and Wales)

Court of Appeal - Criminal

Circuit Offices and Crown, County and Combined Courts (England and Wales)

Transport Tribunal

Ministry of Agriculture, Fisheries and Food

Agricultural Development and Advisory Service

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Wages Board and Committees

Cattle Breeding Centre

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Ministry of Defence (58)

Meteorological Office

Procurement Executive

National Audit Office

National Investment Loans Office

Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Courts

Enforcement of Judgements Office

Legal Aid Fund

Magistrates Court

Pensions Appeals Tribunals

Northern Ireland, Department of Agriculture

Northern Ireland, Department for Economic Development

Northern Ireland, Department of Education

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health and Social Services

Northern Ireland Office

Crown Solicitor's Office

Department of the Director of Public Prosecutions for Northern Ireland

Northern Ireland Forensic Science Laboratory

Office of Chief Electoral Officer for Northern Ireland

Police Authority for Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

Office of Fair Trading

Office of Population Censuses and Surveys

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health

Service Commissioners

Ordnance Survey

Overseas Development Administration

Natural Resources Institute

Paymaster General's Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

Registry of Friendly Societies

Royal Commission on Historical Manuscripts

Royal Hospital, Chelsea

Royal Mint

Scotland, Crown Office and Procurator

Fiscal Service

Scotland, Department of the Registers of Scotland

Scotland, General Register Office

Scotland, Lord Advocate's Department

Scotland, Queen's and Lord Treasurer's Remembrancer

Scottish Courts Administration

Accountant of Court's Office

Court of Justiciary

Court of Session

Lands Tribunal for Scotland

Pensions Appeal Tribunals

Scottish Land Court

Scottish Law Commission

Sheriff Courts

Social Security Commissioners' Office

The Scottish Office

Central Services

Agriculture and Fisheries Department

Crofters Commission

Red Deer Commission

Royal Botanic Garden, Edinburgh

Industry Department

Education Department

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Scottish Higher Education Funding Council

Environment Department

Rent Assessment Panel and Committees

Royal Commission on the Ancient and Historical Monuments of Scotland

Royal Fine Art Commission for Scotland

Home and Health Departments

HM Inspectorate of Constabulary

Local Health Councils

National Board for Nursing, Midwifery and Health Visiting for Scotland

Parole Board for Scotland and Local Review Committees

Scottish Council for Postgraduate Medical Education

Scottish Crime Squad

Scottish Criminal Record Office

Scottish Fire Service Training School

Scottish Health Service Authorities and Trusts

Scottish Police College

Scottish Record Office

HM Stationery Office (HMSO)

HM Treasury

Forward

Welsh Office

Royal Commission of Ancient and Historical Monuments in Wales

Welsh National Board for Nursing, Midwifery and Health Visiting

Local Government Boundary Commission for Wales

Valuation Tribunals (Wales)

Welsh Higher Education Finding Council

Welsh National Health Service Authorities and Trusts

Welsh Rent Assessment Panels.

ANNEX V

LIST OF PRODUCTS REFERRED TO IN ARTICLE 9 CONCERNING THE AWARD OF CONTRACTS BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE(59)

Chapter 25: Salt, sulphur, earths and stone, plastering materials, lime and cement

Chapter 26: Metallic ores, slag and ash

Chapter 27: Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes

except:

ex 27.10: special engine fuels (not for Austria)

heating oils and fuels (only Austria)

Chapter 28: Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and of isotopes

except:

ex 28.09: explosives

ex 28.13: explosives

ex 28.14: tear gas

ex 28.28: explosives

ex 28.32: explosives

ex 28.39: explosives

ex 28.50: toxic products

ex 28.51: toxic products

ex 28.54: explosives

Chapter 29: Organic chemicals

except:

ex 29.03: explosives

ex 29.04: explosives

ex 29.07: explosives

ex 29.08: explosives

ex 29.11: explosives

ex 29.12: explosives

ex 29.13: toxic products

ex 29.14: toxic products

ex 29.15: toxic products

ex 29.21: toxic products

ex 29.22: toxic products

ex 29.23: toxic products

ex 29.26: explosives

ex 29.27: toxic products

ex 29.29: explosives

Chapter 30: Pharmaceutical products

Chapter 31: Fertilisers

Chapter 32: Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks

Chapter 33: Essential oils and resinoids, parfumery, cosmetic or toilet preparations

Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and "dental waxes"

Chapter 35: Albuminoidal substances, glues, enzymes

Chapter 36: Explosives, pyrotechnic products, matches, pyrophoric alloys, certain combustible preparations (only Austria and Sweden)

except (only Austria):

ex 36.01: propellent powders

ex 36.02: prepared explosives

ex 36.04: detonators

ex 36.08: explosives

Chapter 37: Photographic and cinematographic goods

Chapter 38: Miscellaneous chemical products

except:

ex 38.19: toxic products (not for Sweden)

Chapter 39: Artificial resins and plastic materials, celluloses esters and ethers, articles thereof

except:

ex 39.03: explosives (not for Sweden)

Chapter 40: Rubber, synthetic rubber, factice, and articles thereof

except:

ex 40.11: automobile tyres (not for Sweden)

Chapter 41: Raw hides and skins (other than furskins) and leather (not for Austria)

Chapter 42: Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut) (not for Austria)

Chapter 43: Furskins and artificial fur, manufactures thereof

Chapter 44: Wood and articles of wood, wood charcoal (not for Austria)

Chapter 45: Cork and articles of cork

Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork

Chapter 47: Paper-making material

Chapter 48: Paper and paperboard, articles of paper pulp, of paper or of paperboard (not for Austria)

Chapter 49: Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans (not for Austria)

Chapter 65: Headgear and parts thereof

except (only Austria):

ex 65.05: military headgear

Chapter 66: Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof

Chapter 67: Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair

Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials

Chapter 69: Ceramic products

Chapter 70: Glass and glassware

Chapter 71: Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery

Chapter 72: Coins (only Austria and Sweden)

Chapter 73: Iron and steel and articles thereof

Chapter 74: Copper and articles thereof

Chapter 75: Nickel and articles thereof

Chapter 76: Aluminium and articles thereof

Chapter 77: Magnesium and beryllium and articles thereof

Chapter 78: Lead and articles thereof

Chapter 79: Zinc and articles thereof

Chapter 80: Tin and articles thereof

Chapter 81: Other base metals employed in metallurgy and articles thereof

Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal, parts thereof

except:

ex 82.05: tools (not for Austria)

ex 82.07: tools, parts

ex 82.08: hand tools (only Austria)

Chapter 83: Miscellaneous articles of base metal

Chapter 84: Boilers, machinery and mechanical appliances, parts thereof

except:

ex 84.06: engines

ex 84.08: other engines

ex 84.45: machinery

ex 84.53: automatic data-processing machines (not for Austria)

ex 84.55: parts of machines under heading No 84.53 (not for Austria and Sweden)

ex 84.59: nuclear reactors (not for Austria and Sweden)

Chapter 85: Electrical machinery and equipment, parts thereof

except:

ex 85.03: electric cells and batteries (only Austria)

ex 85.13: telecommunication equipment

ex 85.15: transmission apparatus

Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered)

except:

ex 86.02: armoured locomotives, electric

ex 86.03: other armoured locomotives

ex 86.05: armoured wagons

ex 86.06: repair wagons

ex 86.07: wagons

Chapter 87: Vehicles, other than railway or tramway rolling-stock, and parts thereof

except:

ex 87.08: tanks and other armoured vehicles

ex 87.01: tractors

ex 87.02: military vehicles

ex 87.03: breakdown lorries

ex 87.09: motorcycles

ex 87.14: trailers

Chapter 88: Aircraft and parts thereof (only Austria)

Chapter 89: Ships, boats and floating structures

except:

ex 89.01: warships (only Austria)

ex 89.01A: warships (not for Austria)

ex 89.03: floating structures (only Austria)

Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof

except:

ex 90.05: binoculars

ex 90.13: miscellaneous instruments, lasers

ex 90.14: telemeters

ex 90.28: electrical and electronic measuring instruments

ex 90.11: microscopes (not for Austria and Sweden)

ex 90.17: medical instruments (not for Austria and Sweden)

ex 90.18: mechano-therapy appliances (not for Austria and Sweden)

ex 90.19: orthopaedic appliances (not for Austria and Sweden)

ex 90.20: X-ray apparatus (not for Austria and Sweden)

Chapter 91: Manufacture of watches and clocks

Chapter 92: Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles

Chapter 94: Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings

except:

ex 94.01A: aircraft seats (not for Austria)

Chapter 95: Articles and manufactures of carving or moulding material

Chapter 96: Brooms, brushes, powder-puffs and sieves

Chapter 97: Toys, games and sport requisites, parts thereof (only Austria and Sweden)

Chapter 98: Miscellaneous manufactured articles

   ANNEX VI

   DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
   For the purposes of this Directive:
   1. (a) "technical specification', in the case of public service or supply contracts, means a specification in a document defining the required characteristics of a product or service , such as quality levels, environmental performance/compatibility , design for all requirements (including accessibility for disabled people) and use of the product, safety, environmental impact or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions , and conformity assessment procedures;
   (b) "technical specification', in the case of public works contracts, means the totality of the technical prescriptions contained in particular in the tender documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting authority. These characteristics shall include levels of conformity assessment, environmental performance/compatibility, design for all requirements (including accessibility for disabled people) and performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, user instructions, packaging, marking and labelling and production processes or methods . They shall also include rules relating to design and costing, the test, inspection and acceptance, conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
   2. "standard" means a technical specification approved by a recognised standardising body for repeated or continuous application, compliance with which is not compulsory and which falls into one of the following categories:
   international standard: a standard adopted by an international standards organisation and made available to the general public,
   European standard: a standard adopted by a European standards organisation and made available to the general public,

– national standard: a standard adopted by a national standards organisation and made available to the general public;

3. "European technical approval" means a favourable technical assessment of the fitness for use of a product for a particular purpose, based on fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product and the defined conditions of application and use. European technical approval is issued by an approval body designated for this purpose by the Member State;

4. "Common technical specification" means a technical specification laid down in accordance with a procedure recognised by the Member States which has been published in the Official Journal of the European Communities;

5.   "technical reference": any product produced by European standardisation bodies, other than official standards, according to procedures adopted for the development of market needs.

ANNEX    VII A

  INFORMATION TO BE INCLUDED IN PUBLIC CONTRACT NOTICES

PRIOR INFORMATION NOTICE

1. The name, address, telephone and telefax number, electronic address of the contracting authority, and if different, of the service from which additional information may be obtained and, in the case of services and works contracts, of the services from which information can be obtained concerning the rules and regulations on taxes, environmental protection, employment protection and working conditions applicable in the place where the contract is to be performed .

2.    Name, address, telephone and telefax number and electronic address of the body responsible for verification.

   3 . The nature and quantity or value of the products to be supplied, reference number of the nomenclature,

  or the total envisaged amount of the purchases in each of the service categories in Annex I A,

  or the nature and extent of the works, site; if the work is to be subdivided into several lots, the essential characteristic of these lots by reference to the work; if available an estimate of the cost range of the proposed works.

   4 . Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of public service contracts by category.

5 . Where appropriate, indicate whether a framework agreement.

6 . Where appropriate, other information.

   7 . Date of dispatch of the notice.

   8 . Indicate whether the contract is covered by the Agreement (GPA).

  CONTRACT NOTICES

1.   Name, address, telefax number, electronic address of the contracting authority.

2.   (a) The award procedure chosen.

(b)   Where appropriate, reasons for use of the accelerated procedure (in restricted and negotiated procedures).

(c)   Where appropriate, indicate whether a framework agreement.

3. Form of the contract.

4.  Place for delivery of products, provision of services or execution/performance of the works.

   5. (a) Public supply contracts:
   Nature of the products to be supplied indicating in particular whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, nomenclature reference number. Quantity of product to be supplied indicating in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options. In the case of regular or renewable contracts during the course of a given period, indicate also, if known, the time frame for subsequent contracts for purchase of intended supplies.
(b) Public service contracts:
– Category and description of service. Nomenclature reference number. Quantity of services to be provided. Indicate in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options. In the case of renewable contracts over a given period, an estimate of the time frame, if known, for subsequent public contracts for purchase of intended services.

–   Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession;

   Reference to the law, regulation or administrative provision;

–   Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service.

(c)   Public works contracts:

–   Nature and extent of the works and general nature of the work. Indication in particular of options concerning supplementary works, and, if known, the provisional timetable for exercise of these options. If the work or the contract is subdivided into several lots, the size of the different lots.

–   Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

6.   If the contracts are subdivided into lots indication of the possibility of tendering for one, for several or for all the lots;

7.   Any time-limit for completion of supplies/services/works or duration of the supply/services/works contract; where possible any time-limit by which delivery of supplies or services will begin or be completed, or where possible, time-limit by which works will begin.

8.   For framework agreements: the envisaged number of economic operators taking part, the duration of the agreement specifying, where appropriate, the reasons for use of a framework agreement exceeding three years, the total value of supplies/services/works estimated for the duration of the framework agreement and the value and frequency of contracts to be awarded.

9. Where applicable, prohibition of variants.

10.   Where applicable particular conditions to which the performance of the contract is subject.

11.   In the case of open procedures:

(a)   Name, address, telephone and telefax number and electronic address of the service from which contract documents and additional documents can be requested;

(b)   Where appropriate, time-limit for presentation of such requests;

(c)   Where appropriate, cost and payment conditions to obtain these documents.

12.   (a) time-limit for receipt of tenders (open procedures);

(b)   time-limit for receipt of request to participate (restricted and negotiated procedures);

(c)   address where these have to be transmitted;

(d)   the language or languages in which they must be drawn up.

13.   In the case of open procedures:

(a)   persons authorised to be present at the opening of tenders;

(b)   date, time and place for such opening.

14.   Where appropriate any deposit and guarantees required.

15.   Main terms concerning financing and payment and/or references to the provisions in which these are contained.

16.   Where applicable, the legal form to be taken by the grouping of economic operators to whom the contract is to be awarded.

17.   Information concerning the economic operators' personal situation, information and any necessary formalities for assessment of the minimum economic and technical standards required of the economic operator. Specific level(s) of standards possibly required.

18.   Minimum number and, where appropriate, maximum number of candidates that the contracting authority intends to invite to submit tenders (restricted and negotiated procedures).

19.   Time frame during which the tenderer must maintain its tender (open procedures).

20.   Where appropriate, names and addresses of economic operators already selected by the contracting authority (negotiated procedures).

21.   Criteria to be used for award of the contract. Criteria representing the most economically advantageous tender as well as their weighting in restricted and negotiated procedures. In the case of open procedures these criteria and their  weighting shall be mentioned where they do not appear in the contract documents.

22.   Date(s) of publication of the pre-information notice in accordance with the technical specifications of publication indicated in Annex VIII or statement that no such publication made.

23.   Date of dispatch of the notice.

24. Indicate whether the contract is covered by the Agreement (GPA).

25.    Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise information concerning deadlines for lodging appeals.

  CONTRACT AWARD NOTICES

1.   Name and address of the contracting authority.

2. Award procedures chosen. In the case of negotiated procedure without prior publication of a contract notice, justification (Article 31 ).

3. Public supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; nomenclature reference number.

  Public service contracts: category and description of the service; nomenclature reference number; quantity of services bought.

  Public works contracts: nature and extent of provision, general characteristics of the work.

4.   Date of contract award.

5.   Contract award criteria.

6.   Number of tenders received.

7.   Name and address of the successful economic operators.

8.   Price or range of prices (minimum/maximum) paid.

9.   Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the contract award.

10.   Where appropriate, value and proportion of contract likely to be subcontracted to third parties.

11.   Date of publication of the tender notice in accordance with the technical specifications for publication in Annex VIII.

12. Date of dispatch of this notice.

13. Name and address of the body responsible for appeal procedures. Precise information concerning deadlines for lodging appeals.

ANNEX VII B

  INFORMATION TO BE INCLUDED IN SERVICE DESIGN CONTEST NOTICES

   DESIGN CONTEST NOTICE

1.   Name, address, fax number and electronic address of the contracting authority and, if different, of the service from which additional information may be obtained.

2.   Project description.

3.  Nature of the contest: open or restricted.

   4. In the case of open contests: final date for receipt of projects.
   5. In the case of restricted contests:
   (a) the number of participants envisaged;
   (b) where applicable, names of participants already selected;

(c)   criteria for the selection of participants;

(d)   final date for receipt of requests to participate.

6.   Where applicable, indication of whether participation is reserved to a particular profession.

7.   Criteria to be applied in the evaluation of projects.

8.   Where applicable, names of the selected members of the jury.

9.   Indication of whether the decision of the jury is binding on the contracting authority.

10.   Where applicable, number and value of prizes.

11.   Where applicable, details of payments to all participants.

12. Indication of whether the prize-winners are permitted any follow-up contracts.

13.   Date of dispatch of the notice.

  NOTICE FOR RESULTS OF DESIGN CONTEST

1.   Name, address, fax number and electronic address of the contracting authority.

2.   Project description.

3.   Total number of participants.

4.   Number of foreign participants.

5.   Winner(s) of the contest.

6.   Where applicable, the prize(s).

7. Reference of the design contest notice.

8. Date of dispatch of the notice.

ANNEX    VII C

  INFORMATION TO BE INCLUDED IN PUBLIC WORKS CONCESSION NOTICES

1.   Name, address, fax number and electronic address of the contracting authority.

2.   (a) Site;

(b)   Subject of the concession, nature and extent of the services to be provided.

3.   (a) Final date for receipt of candidatures;

(b)   Address to which candidatures must be sent;

(c)   Language or languages in which candidatures must be drawn up.

4.   Personal, technical and financial conditions to be fulfilled by the candidates.

5.   Criteria for award of contract.

6. Where applicable, the minimum percentage of the works contracts awarded to third parties.

7. Date of dispatch of the notice.

ANNEX    VII D

  INFORMATION TO BE INCLUDED IN THE NOTICE OF WORKS CONTRACTS AWARDED BY THE CONCESSIONAIRE

1.   (a) Site;

(b)   Nature and extent of the services to be provided and the general nature of the work.

2.   Any time-limit for the completion of the works.

3.   Name and address of the service from which the contract documents and additional documents may be requested.

4.   (a) Final date for receipt of requests to participate and/or for receipt of tenders;

(   b) Address to which requests must be sent;

(   c) Language or languages in which requests must be drawn up.

5.   Any deposit and guarantees required.

6.   Economic and technical standards required of the contractor.

7. Criteria for the award of the contract.

8. Date of dispatch of the notice.

ANNEX   VIII

  TECHNICAL SPECIFICATIONS FOR PUBLICATION

1.   Publication of notices

(a)   Where this Directive requires contracting authorities to publish certain items of information, they are to send this information in the required format to the Office for Official Publications of the European Communities either in electronic form, in accordance with point 3, or by other means.

(b) In the case of the accelerated procedures referred to in Article 42 (5 ), the notices shall be sent by fax, or by the electronic means specified in point 3.

(c)   Notices referred to in Articles 39 , 68 , 75 and 81 are published through the Office for Official Publications of the European Communities.

  In addition, contracting authorities may publish this information on the Internet on a "buyer profile" as specified in point 2(b).

(d)   The Office for Official Publications of the European Communities will confirm to the contracting authority that the information submitted has been published, indicating the date of publication. This confirmation constitutes proof of actual publication.

(e)    Public websites containing notices and other relevant information on tenders shall comply with the Web Accessibility Initiative Guidelines.

2.   Publication of complementary or additional information

(a)   Contracting authorities are encouraged to publish the specifications in their entirety on the Internet. Contracting authorities who make the contract documents available in this way shall specify the Internet address where this documentation may be accessed in the text of the contract notices referred to in Articles 35 (2), 68 (1), 75 and 81 .

(b) Contracting authorities are encouraged to publish their "buyer profile" on the Internet. The profile may include information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled and any useful general information, such as a contact point, a telephone and a fax number, a postal address and an e-mail address.

3. Sending information electronically

The arrangements for sending information electronically must comply with those set out at the Internet address " http://simap.eu.int ".

ANNEX IX

PROFESSIONAL AND TRADE REGISTERS

ANNEX IX A

   PUBLIC SUPPLY CONTRACTS
   The relevant professional or trade registers and the corresponding declarations and certificates are:
   in Belgium: "Registre du commerce/Handelsregister";
   in Denmark: "Aktieselskabsregistret", "Foreningsregistret" and "Handelsregistret";
   in Germany: "Handelsregister" and "Handwerksrolle";
   in Greece: "Βιοτεχνικό ή Βιομηχανικό ή Εμπορικό Επιμελητήριο";;
   in Spain: "Registro Mercantil" or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;
   in France: "Registre du commerce" and "Répertoire des métiers";
   in Italy: "Registro della Camera di commercio, industria, agricoltura e artigianato", and "Registro delle Commissioni provinciali per l'artigianato";
   in Luxembourg: "Registre aux firmes" and "Rôle de la chambre des métiers";
   in the Netherlands: "Handelsregister";
   in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";
   in Portugal: "Registo Nacional das Pessoas Colectivas";
   in Finland, the "Kaupparekisteri" and "Handelsregistret";

– in Sweden, the "aktiebolags-, handels- eller föreningsregistren".

– in the United Kingdom and Ireland, the supplier may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies, that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name and under a specific trading name;

ANNEX IX B

   PUBLIC SERVICE CONTRACTS
   The relevant professional and trade registers or declarations or certificates are:
   in Belgium, the "Registre du commerce – Handelsregister" and the "Ordres professionels – Beroepsorden";
   in Denmark, the "Erhvervs- og Selskabstyrelsen";
   in Germany, the "Handelsregister", the "Handwerksrolle" and the "Vereinsregister";
   in Greece, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services as mentioned in Annex I A, the professional register "Mητρώο Μελετητών"; and "Μητρώο Γραφείων Μελετών";;
   in Spain, the "Registro Central de Empresas Consultoras y de Servicios del Ministerio de Economía y Hacienda";
   in France, the "Registre du commerce" and the "Répertoire des métiers";
   in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", the ´Registro delle commissioni provinciali per l'artigianato" or the "Consiglio nazionale degli ordini professionali´;
   in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";
   in the Netherlands, the "Handelsregister"; in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";
   in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";
   in Portugal, the "Registro nacional das Pessoas Colectivas";
   in Finland, the "Kaupparekisteri" and "Handelsregistret";

– in Sweden, "aktiebolags-, handels- eller föreningsregistren".

– in the United Kingdom and Ireland, the service provider may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name;

ANNEX IX C

   PUBLIC WORKS CONTRACTS
   The professional registers and corresponding declarations and certificates for each Member State are:
   in Belgium, the "Registre du Commerce", "Handelsregister";
   in Denmark, the "Handelsregistret", "Aktieselskabesregistret" and "Erhvervsregistret";
   in Germany, the "Handelsregister" and the "Handwerksrolle";
   in Greece, the "Register of contractors' enterprises"; ("Mητρώο Εργοληπτικών Επιχειρήσεων"; – MEEΠ) of the Ministry for Environment, Town and Country Planning and Public Works (YΠΕΧΩΔΕ);
   in Spain, the "Registro Oficial de Contratistas del Ministerio de Industria, Comercio y Turismo";
   in France, the "Registre du commerce" and the "Répertoire des métiers";
   in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato";
   in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";
   in the Netherlands, the "Handelsregister";
   in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern";
   in Portugal, the "Commissao de Alvarás de Empresas de Obras Públicas e Particulares" (CAEOPP';
   in Finland, the "Kaupparekisteri" and "Handelsregistret";

– in Sweden, the "aktiebolags-, handels- eller föreningsregistren".

– in the United Kingdom and Ireland, the contractor may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;

ANNEX X

   REQUIREMENTS RELATING TO SYSTEMS FOR THE ELECTRONIC RECEPTION OF TENDERS/REQUESTS TO PARTICIPATE
   Systems for the electronic reception of tenders/requests to participate must at least guarantee, by appropriate technical means and procedures, that:
   (a) electronic signatures relating to tenders/requests to participate comply with national legislation implementing the provisions of Directive 1999/93/EC;
   (b) the exact time and date of submission can be precisely determined;
   (c) there is a reasonable certainty of ensuring that nobody can have access to the information transmitted in line with these requirements before the time-limits specified;
   (d) if this prohibition on access is infringed, there is a reasonable certainty of ensuring that any such infringement is clearly detectable;
   (e) only duly authorised persons may set or change the dates for opening the data transmitted;
   (f) only simultaneous action by duly authorised persons can allow access to all the information submitted, or to part of such information during the various successive phases of the contract award procedure;

(g) simultaneous action by duly authorised persons cannot give access to the data transmitted until after the specified date;

(h) any data submitted and opened pursuant to these requirements shall remain accessible only to duly authorised persons.

   ANNEX XI
   Core international labour standards within the meaning of Article 63(d) are the following ILO Conventions:
   - Convention 87 on Freedom of Association and the Protection of the Right to Organise;
   - Convention 98 on the Right to Organise and Collective Bargaining;
   - Convention 29 on Forced Labour;
   - Convention 105 on the Abolition of Forced Labour;
   - Convention 138 on Minimum Age;
   - Convention 111 on Discrimination in Employment and Occupation;

- Convention 100 on Equal Remuneration;

- Convention 182 on Worst Forms of Child Labour.

In addition companies should be evaluated according to a common methodology for reporting on and recording compliance with internationally agreed core labour standards. This information could be included in the company's annual report and would allow a proper and fair assessment of compliance with internationally agreed social and environmental standards. Companies that comply with and therefore promote international standards effectively and consistently should be favoured above those showing less regard for core labour standards.

ANNEX XII

DEADLINES FOR APPLICATION OF TRANSPOSITION MEASURES

(Article 89 )

Directive

Deadlines for transposition

92/50/EEC (OJ L 209, 24.7.1992)

Austria, Finland, Sweden*

1 July 1993

1 January 1995

93/36/EEC (OJ L 199, 9.8.1993)

Austria, Finland, Sweden*

13 June 1994

1 January 1995

   93/37/EEC (OJ L 199, 9.8.1993)

  consolidation of directives:

  -71/305/EEC (OJ L 185, 16.8.1971):

- EC –   6

- DK,   IRL, UK

  - Greece

- Spain, Portugal

- Austria, Finland, Sweden*

30 July 1972

1 January 1973

1 January 1981

   1 January 1986

  1 January 1995

   - 89/440/EEC (OJ L 210, 21.7.1989):

  - EC –9

- Greece, Spain, Portugal

- Austria, Finland, Sweden*

19 July 1990

1 March 1992

1 January 1995

97/52/EC (OJ L 328, 28.11.1997)

13 October 1998

* EEA: 1 January 1994

ANNEX XIII

CORRELATION TABLE(60)

This Directive

Directive

92/50/EEC

Directive

93/36/EEC

Directive

93/37/EEC

Other acts

Art. 1, par. 1

Art. 1, first line, adapted

Art. 1, first line, adapted

Art. 1, first line, adapted

Art. 1, par. 2, first subparagraph

-

Art. 1, point (a)

-

Amended

Art. 1, par. 2, second subparagraph

Art. 1, point (a)

-

Amended

Art. 1, par.2,

-

-

Art. 1, point (a) and point (c)

Amended

-

-

Art. 1, par. 3, first subparagraph

-

Art. 1, point (a), last sentence adapted

-

Art. 1, par. 3, second subparagraph

Art. 2

-

Art. 1, par. 3, third subparagraph, point (c)

16th recital, adapted

-

-

Art. 1, par. 4, first subparagraph

Art. 1, point (c), 1st sentence adapted

-

-

Art. 1, par. 4, second subparagraph

-

-

-

New

Art. 1, par. 4, third subparagraph

Art. 1, point (c), second sentence

Art. 1, point (c)

Art. 1, point h

Amended

Art. 1, par. 5

Art. 1, point b, adapted

Art. 1, point (b) adapted

Art. 1, point (b) adapted

Art. 1, par. 7

Art. 1, points (d), (e) and (f) adapted

Art. 1 points (d), (e) and (f)

Art. 1, points (e), (f) and (g) adapted

Art. 1 par. 9

-

-

-

New

Art. 1, par. 11

-

-

-

New

Art. 1, par. 12

Art. 1, point (g)

-

-

Art. 1, par. 13

-

-

Art. 1, point (d)

Art. 1, par. 14

-

-

-

New

Art. 1, par. 15

-

-

-

New

Art. 1, par. 16

-

-

-

New

Art. 1, par. 17

-

-

-

New

Art. 2

Art. 3, par. 2

Art. 5, par. 7

Art. 6, par. 6

Amended

Art. 3, par.1

Art. 26, par. 1, amended

Art. 18 adapted

Art. 21, amended

Art. 3, par.2

Art. 26, par. 2 and 3

-

-

Art. 4

Art. 38 a adapted

Art. 28 amended

Art. 33a adapted

Art. 5

-

Art. 15, par. 2 adapted

-

Art. 6

-

New

Art. 8

Art. 4, par. 1 adapted

Art. 3 adapted

-

Art. 9 ; points (a) and (b)

Art. 7, par. 1, point (a)

Art. 5, par. 1, point (a)

-

Amended

Art. 9 point (c)

-

-

Art. 6, par. 1, point (a)

Amended

Art. 10

Art. 3, par. 3 and art. 7, par. 1, point (a)

-

Art. 2 and art. 6, par. 1, point (b)

Amended

Art. 11

-

-

-

New

Art. 12 , par. 1)

-

Art. 5, par. 1, point (b)

-

Art. 12 , par. 2,

-

Art. 5, par. 6

-

Art. 12 , par. 3

-

Art. 5, par. 2

-

Art. 12 , par. 4

-

Art. 5, par. 3

-

Art. 12 , par. 5

-

Art. 5, par. 4

-

Art. 12 , par. 6, point (f)

-

Art. 5, par. 5

-

Art. 13 , par. 1

Art. 7, par. 2

-

-

Art. 13 , par. 2

Art. 7, par. 7

-

-

Art. 13 , par. 3,

Art. 7, par. 4, 1st subparagraph

-

-

Art. 13 , par. 4,

Art. 7, par. 4, 2nd subparagraph

-

-

Art. 13 , par. 5,

Art. 7, par. 4, 3rd subparagraph

-

-

Art. 13 , par. 6

Art. 7, par. 5

-

-

Art. 13 , par. 7

Art. 7, par. 6

-

-

Art. 13 , par. 8

Art. 7, par. 3

-

-

Art. 14 , par. 1

-

-

Art. 6, par. 5

Art. 14 , par. 2

-

-

Art. 6, par. 4

Art. 14 , par. 3

-

-

Art. 6, par. 3 adapted

Art. 15

Art. 1, point (a) (ii)

Art. 2, point (a)

Art. 4, point (a)

Amended

Art. 16

-

-

-

New

Art. 18

Art. 4, par. 2

Art. 2, par. 1, point (b)

Art. 4, point (b)

Art. 19 , point (a)

Art. 5, point (a) adapted

Art. 4, point (a) adapted

Art. 5, point (a) adapted

Art. 19 , points (b) and (c)

Art. 5, points (b) and (c)

Art. 4, points (b) and (c)

Art. 5, points (b) and (c)

Art. 20

Art. 1, point (a), (ii)(i) to (ix)

-

-

Art. 21

Art. 6

-

-

Art. 23

Art. 8

-

-

Art. 24

Art. 9

Art. 25

Art. 10

-

-

Art. 26

-

-

-

New

Art. 27

Art. 14

Art. 8

Art. 10

Amended

Art. 28 , par. 1

Art. 24, par. 1, 1st subparagraph, first sentence

Art. 16, par. 1, 1st subparagraph

Art. 19, 1st subparagraph

Amended

Art. 28 , par. 2

Art. 24, par. 1, 1st subparagraph, 2nd sentence

Art. 16, par. 1, 2nd subparagraph

Art. 19, 2nd subparagraph

Art. 28 , par. 3

Art. 24, par. 1, 2nd subparagraph

Art. 16, par. 1, 3rd subparagraph

Art. 19, 3rd subparagraph

Amended

Art. 28 , par.4, 1st subparagraph

-

Art. 16, par. 2

-

Art. 28 , par. 4, 2nd subparagraph

Art. 24, par. 2

-

-

Art. 29

Art. 25 adapted

Art. 17 adapted

Art. 20 adapted

Amended

Art. 30

Art. 28 adapted

-

Art. 23 adapted

Art. 31 , par. 1

Art. 11, par. 1 adapted

Art. 6, par. 1 adapted

Art. 7, par.1 adapted

Art. 31 , par. 2

Art. 11, par. 4 adapted

Art. 6, par. 4 adapted

Art. 7, par. 4 adapted

Art. 31 , par.3

-

-

-

Art. 32 , point. 1, point (a)

Art. 11, par. 2, point (a)

Art. 6, par. 2

Art. 7, par. 2, point (a)

Art. 32 , point 1, point (b)

-

-

-

New

Art. 32 , point. 2

Art. 11, par. 2, point (b)

-

Art. 7, par. 2, point (c)

Art. 32 , point. 3

Art. 11, par. 2, point (c)

-

-

Art. 32 , point. 4

-

-

Art. 7, par. 2, point (b)

Art. 33

-

-

-

New

Art. 35 , point. 1, point (a)

Art. 11, par. 3, point (a)

Art. 6, par. 3, point (a)

Art. 7, par. 3 point (a)

Art. 35 , point.1, point (b)

Art. 11, par. 3, point (b)

Art. 6, par. 3, point (c)

Art. 7, par. 3, point (b)

Art. 35 , point.1, point (c)

Art. 11, par. 3, point (d)

Art. 6, par. 3, point (d)

Art. 7, par. 3, point (c)

Art. 35 , point. 2, point (a)

-

Art. 6, par. 3, point (b)

-

Art. 35 , point. 2, point (b)

-

Art. 6, par. 3, point (e)

-

Art. 35 , point. 3

Art. 11, par. 3, point (c)

-

-

Art. 35 , point. 4, point (a)

Art. 11, par. 3, point (e)

-

Art. 7, par. 3, point (d)

Art. 35 , point. 4, point (b)

Art. 11, par. 3, point (f)

-

Art. 7, par. 3, point (e)

Art. 36

-

-

-

New

Art. 38

-

-

Art. 9

Art. 39 , par.1, 1st subparagraph, point (a), first subparagraph

-

Art. 9, par. 1, 1st subparagraph

-

Art. 39 , par.1, 1st subparagraph, point (a) second subparagraph

-

Art. 9, par. 1, 2nd subparagraph first sentence

-

Amended

Art. 39 , par.1, 1st subparagraph, point (b)

Art. 15, par. 1

-

-

Art. 39 , par. 1, 1st subparagraph, point (c)

-

-

Art. 11, par. 1

Art. 39 , par.1, 2nd subparagraph

Art. 17, par. 2, 2nd subparagraph

Art. 9, par. 5, 2nd subparagraph

-

Art. 39 , par.1, 3rd subparagraph

-

-

Art. 11, par. 7, 2nd subparagraph

Art. 39 , par. 1, fourth subparagraph

-

Art. 9, par1, second subparagraph, second sentence

Art. 39 , par. 2

Art. 15, par. 2

Art. 9, par. 2

Art. 11, par. 2

Art. 39 , par.3, first subparagraph

Art. 16, par. 1

Art. 9, par. 3, 1st sentence

Art. 11, par. 5, 1st sentence

Amended

Art. 39 , par.3, second subparagraph

-

-

-

New

Art. 39 , par.3, third subparagraph

Art. 16, par. 3

-

-

Art. 39 par.3, fourth subparagraph

Art. 16, par. 5

Art. 9, par. 3, 2nd sentence

Art. 11, par. 5, 2nd sentence

Art. 40 , par.1

Art. 17, par. 1

Art. 9, par. 4

Art. 11, par. 6

Art. 40 , par. 2, 3 and 4

-

-

-

New

Art. 40 , par. 5

Art. 17, par. 4

Art. 9, par. 6

Art. 11, par. 8

Amended

Art. 40 , par. 6

-

-

-

New

Art. 40 , par. 7

Art. 17, par. 6

Art. 9, par. 9

Art. 11, par. 11

Amended

Art. 40 , par. 8

Art. 17, par. 8

Art. 9, par. 11

Art. 11, par. 13

Amended

Art. 40 , par. 9

Art. 17, par.7

Art. 9, par. 10

Art. 11, par. 12

Art. 41

Art. 21

Art. 13

Art. 17

Amended

Art. 42 , par. 1 to 4

Art. 18, par. 1, 2 and 5 and

Art. 19, par. 1, 3 and 7

Art. 10, par. 1 and 1a,

Art. 11, par. 1, 3 and 3a

Art. 12, par. 1 and 2

Amended

Art. 42 , par. 5

Art. 20, par. 1

Art. 12, par. 1and 3

Art. 14, par. 1

Amended

Art. 43

Art. 18, par. 3 and 4,

Art. 19, par. 6 and Art. 20, par. 2 adapted

Art. 10, par. 2 and 3,

Art. 11, par. 5, and Art.12, par. 2 adapted

Art. 12, par. 3 and 4,

Art. 13, par. 6, and Art. 14, par. 2 adapted

Art. 44

Art. 19, par. 5, and Art. 20, par. 3

Art. 11, par. 4, and Art. 12, par. 3

Art. 13, par. 5, and Art. 14, par. 3

Amended

Art. 45

Art. 19, par. 2, and Art. 20 par. 3

Art. 11, par. 2, and Art. 12 par. 3

Art. 13, par. 2, and Art. 14, par. 3

Amended

Art. 46 , par.1

Art. 12, par. 1 adapted

Art. 7, par. 1 adapted

Art. 8, par. 1 adapted

Art. 46 , par. 2

Art. 12, par. 2

Art. 7, par.2 adapted

   Art. 8,par. 2 adapted

Art. 12, par. 2, last sentence

   Art. 7, par. 2, last sentence

Art. 8, par. 2, last sentence

   Deleted

Art. 48

Art. 23, par. 2

Art. 15, par. 3

Art. 18, par. 2

Amended

Art. 49

Art.12, par. 3

Art. 7, par.3

Art.8, par. 3

Amended

Art. 50 , par .1

Art. 23, par. 1 adapted

Art. 15, par. 1 adapted

Art. 18, par. 1 adapted

Art. 50 , par. 2 to 5

-

-

-

New

Art. 50 , par. 6

Art. 32, par. 4

Art. 23, par. 3

-

Amended

Art. 51 , par. 1

Art. 27, par. 1 adapted

Art. 19, par. 1 adapted

Art. 22, par. 1 adapted

Art. 51 , par. 2

Art. 27, par. 2, 1st subparagraph, and par. 3

Art. 19, par. 2, 1st subparagraph, and par. 3

Art. 22, par. 2, 1st subparagraph, and par. 3

Amended

Art. 27, par. 2, 2nd subparagraph, and par. 4

Art. 19, par. 2, 2nd subparagraph, and par. 4

Art. 22, par. 2, 2nd subparagraph, and par. 4

Deleted

Art. 53 , par. 1

New

Art. 53 , par. 2, points (a) and (b)

Art. 29, first subparagraph, points (a) and (b), adapted

Art. 20 , par. 1, points (a) and (b)

Art. 24, first subparagraph, points (a) and (b) adapted

Art. 53 , par. 2, point (c)

Art. 29, first subparagraph, point (c)

Art. 20, par. 1, point (c)

Art. 24, first subparagraph, point (c)

Amended

Art. 53 , par. 2, points (d), (e) and (g)

Art. 29, first subparagraph, points (d), (e) and (g)

Art. 20, par. 1, point (c)

Art. 24, first subparagraph, points (d), (e) and (g)

Art. 53 , par.2, point (f)

Art. 29, 1st subparagraph, point (f) amended

-

-

Art. 53 , par. 2, point (h)

New

Art. 53 , par. 3, 4 and 5

Art. 29, second, third and fourth subparagraphs, adapted

Art. 20, par. 2, 3 and 4 adapted

Art. 24, second and fourth subparagraphs

Art. 54 , 1st subparagraph

Art. 30, par. 1 and 3, 1st sentence, adapted

Art. 21, par. 1 and par. 2, 1st sentence, adapted

Art. 25, 1st sentence, amended

Art. 54 , 2nd subparagraph

Art. 30, par. 2

-

-

Art. 55

Art. 31 adapted

Art. 22 adapted

Art. 26 adapted

Art. 55 , par. 1, point (c)

Art. 31, par. 1, point (c)

Art. 22, par. 1, point (c)

Art. 26, par. 1, point (c)

Amended

Art. 56 , par. 1

-

-

New

Art. 56 , par. 2

-

Art. 23, par. 1

-

Art. 56 , par. 3

Art. 32, par. 1 and 2

-

-

Art. 56 , par. 4

-

-

Art. 27, par. 1

Art. 56 , par. 5

Art. 32, par. 3

Art. 32, par. 2

Art. 27, par. 1

Art. 57

Art. 33

-

-

Amended

Art. 59

Art. 34

Art. 24

Art. 28

Art. 60 , par. 1

Art. 35, par. 1, adapted

Art. 25, par. 1, adapted

Art.29, par. 1, adapted

Art. 60 , par. 2

Art. 35, par. 2, adapted

Art. 25, par.2, adapted

Art. 29, par. 2, adapted

Art. 60 , par. 3, first subparagraph

Art. 25, par 3, first subparagraph, adapted

-

Art. 60 , par. 3, second subparagraph

Art. 35, par. 3, first subparagraph, adapted

-

Art. 60 , par. 3, third subparagraph

Art. 29, par.3 first subparagraph, adapted

Art. 60 , par. 4

Art. 35, par. 3 second and third subparagraphs, adapted

Art. 25, par. 3, second and third subparagraphs, adapted

Art. 29, par. 3 second and third subparagraphs, adapted

Art. 60 , par. 5

Art. 35, par. 4 adapted

Art. 25, par. 4, amended

Art. 29, par. 4, amended

Art. 60 , par. 6

Art. 35, par. 5,

Art. 25, par. 5, adapted

Art. 29, par. 5, adapted

Art. 62 , par. 1

Art. 36, par. 1 adapted

Art. 26, par. 1 adapted

Art. 30, par. 1 adapted

Art. 62 , par. 2

Art. 36, par.2

Art. 26, par. 2

Art. 30, par. 2

Amended

-

-

Art. 30, par. 3

Deleted

Art. 63

Art. 37, 1st and 2nd subparagraphs

Art. 27, 1st and 2nd subparagraphs

Art. 30, par. 4, 1st and 2nd subparagraphs

Amended

Art. 37, 3rd subparagraph

Art. 27, 3rd subparagraph

Art. 30, par. 4, 3rd subparagraph

Deleted

-

-

Art. 30, par. 4, 4th subparagraph

Deleted

-

-

Art. 31

Deleted

-

-

Art. 32

Deleted

Art. 64

-

Art.2, par. 2

-

Amended

Art. 65

Art. 13, par. 3 and 4

-

-

Art. 66 , par. 1

Art. 13, par. 1, 1st subparagraph and par. 2, 1st subparagraph

-

-

Art. 66 , par. 2

Art. 13, par. 1, indents 1 to 3 and par. 2, indents 1 to 3

Amended

Art. 67

-

-

-

New

Art. 68 , par. 1

Art. 15, par. 3

-

-

Art. 68 , par. 2, 1st subparagraph

Art. 16, par. 2, 2nd indent

-

-

Amended

Art. 68 , par. 2, 2nd subparagraph and par.3

-

-

-

New

Art. 69

Art. 17, par. 1, par. 2, 1st and 3rd subparagraphs, par. 3 to 6 and par. 8

-

-

Amended

Art. 70

-

-

-

New

Art. 71

Art. 13, par. 5

-

-

Art. 72

Art. 13, par. 6

-

-

Art. 73

-

-

Art. 3, par.1

Amended

Art. 74

-

-

-

New

Art. 75 , par. 1 to 8

-

-

Art. 11, par. 3, par. 6 to 11 and par.13

Amended

Art. 75 , par. 9

-

-

-

New

Art. 76

-

-

Art. 15

Art. 77

-

-

Art. 3, par. 2

Art. 78

-

-

Art.3, par. 3

Art. 79

-

-

Art. 80 , par. 1

-

-

Art. 3, par. 4, 1st subparagraph

Amended

Art. 80 , par. 2

-

-

Art.3, par. 4, 2nd, 3rd and 4th subparagraphs

Art. 81 , par. 1 to 3

-

-

Art. 3, par. 4, 1st subparagraph, 1st sentence, and art. 11, par. 4 and par. 6, 1st subparagraph

Amended

Art. 81 , par. 4

-

-

-

New

Art. 82

-

-

Art. 16

Art. 38

Art. 30

Art. 33

Deleted

Art. 83

Art. 39, par. 1, adapted

Art. 31, par. 1, adapted

Art. 34, par. 1, adapted

Art. 84

Art. 39, par. 2, points (a), (b), (c) and (d) first subparagraph,

Art.31, par. 2

Art. 34, par. 2,

Amended

Art. 39, par. 2, point (d), second subparagraph

Deleted

Art. 85 , par. 1

Art. 40, par. 1

Art. 32, par. 1

-

Art. 85 , par. 2

Art. 40, par. 3

Art. 32, par. 2

Art. 35, par. 3

Amended

Art. 40, par. 2

-

-

Deleted

Art. 85 , par. 3

Art. 40, par. 4 Amended

Art. 32, par. 3

-

Art. 86 , par. 1, and 2

-

-

-

New

Art. 86 , par. 3

Art. 7, par. 1, point (b) , first subparagraph

Art. 5, par. 1, point (c), first subparagraph

Art. 6, par. 2, point (a), first subparagraph

Amended

Art. 86 , par. 4

Art. 7, par. 1, point (c)

Art. 5, par. 1, point (d)

Art. 6, par. 2, point (a), 2nd subparagraph

Amended

Art. 87 , par 1 point (a)

Art. 7, par. 1, point (b), second subparagraph, adapted

Art. 5, par. 1, point (c), second subparagraph, adapted

Art. 6, par. 1, point (b), adapted

Art. 87 , par. 1, point (b)

Art. 16, par. 4

-

Art. 35, par. 2

Amended

Art. 87 , par. 2

Art. 43 adapted

-

-

Art. 88

Art. 89

Art. 90

Art. 92

Annexes I A and I B

Annexes IA and IB

-

-

Amended

Annex II

-

-

Annex II

Amended

Annex III

-

-

Annex I

Acts on the accession of Austria, Finland and Sweden

Annex IV

-

Annex I

-

Acts on the accession of Austria, Finland and Sweden

Annex V

-

Annex II

-

Amended

Annex VI

Annex II

Annex III

Annex III

Amended

Annex VII A, B, C and D

Annexes III and IV

Annex IV

Annexes IV, V and VI

Amended

Annex VIII

-

-

-

New

Annex IX A

-

Art. 21, par. 2

-

Acts on the accession of Austria, Finland and Sweden

Annex IX B

Art. 30, par.3

-

-

Acts on the accession of Austria, Finland and Sweden

Annex IX C

Art. 25, adapted

Acts on the accession of Austria, Finland and Sweden

Annex XII

New

Annex XIII

New

(1) OJ C 29 E, 30.1.2001, p. 11.
(2) OJ C 29 E, 30.1.2001, p. 11.
(3) OJ C 193, 10.7.2001, p. 7.
(4) OJ C 144, 16.5.2001, p. 23.
(5) Position of the European Parliament of 17.1.2002.
(6) OJ L 209, 24.7.1992, p. 1.
(7) OJ L 199, 9.8.1993, p. 1.
(8) OJ L 199, 9.8.1993, p. 54.
(9) OJ L 328, 28.11.1997, p. 1.
(10) COM(96) 583 final.
(11) OJ L 175, 5.7.1985, p. 40. Directive last amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5).
(12) OJ L 336, 23.12.1994, p. 1.
(13) OJ L
(14) OJ L
(15) OJ L 18, 21.1.1997, p. 1.
(16) OJ L 13, 19.1.2000, p. 12.
(17) OJ L 178, 17.7.2000, p. 1.
(18) OJ L 124, 8.6.1971, p. 1.
(19) OJ L 184, 17.7.1999, p. 23.
(20) OJ C 316, 27.11.1995, p. 48.
(21) OJ L 166, 28.6.1991, p. 77. Directive last amended by European Parliament and Council Directive 2001/97/EC (OJ L 344, 28.12.2001, p.76)
(22) OJ L 185, 16.8.1971; Decision as amended by Decision 77/63/EEC (OJ L 13, 15.1.1977, p. 15).
(23) Except for rail transport services covered by category 18.
(24) Except for rail transport services covered by category 18.
(25) Except contracts for financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.
(26) Except research and development service contracts other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.
(27) Except arbitration and conciliation services.
(28) Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community, OJ L 293, 24.10.1990, p. 1, as amended by Commission Regulation (EEC) No 761/93 of 24 March 1993, OJ L 83, 3.4.1993, p. 1.
(29) Non-warlike materials.
(30) Postal business covered by the Law of 24 December 1993.
(31) Non-warlike materials.
(32) With the exception of telecommunications equipment.
(33) Non-warlike materials.
(34) Non-warlike materials.
(35) Postal business only.
(36) Non-warlike materials.
(37) Acting as the central purchasing entity for most of the other Ministries or entities.
(38) Not including purchases made by the tobacco and salt monopolies.
(39) Non-military materials.
(40) Postal business only.
(41) Non-warlike materials.
(42) Non-warlike materials.
(43) Non-warlike materials.
(44) Authority under joint Ministry of Trade and Tourism and Ministry of Finance control.
(45) Authority under joint Ministry of Trade and Tourism and Ministry of Finance control
(46) Authority under joint Ministry of Trade and Tourism and Ministry of Finance control
(47) Non-warlike materials.
(48) Non-warlike materials.
(49) Non-warlike materials.
(50) Non-warlike materials.
(51) Non-military materials.
(52) Authority under joint control of the Ministry of Employment and Social Security and Ministry of Health.
(53) Authority under joint control of the Ministry of Employment and Social Security and Ministry of Health.
(54) Postal business only.
(55) Muu kuin puolustusmateriaali.
(56) Muu kuin puolustusmateriaali.
(57) Non-warlike materials. This footnote concerns all entities marked with an asterisk.
(58) Non-warlike materials.
(59) This list is taken from Annex 1, point 3, of the agreement on public contracts concluded at the multilateral negotiations of the Uruguay round (1986-1994).
(60) "Adapted" means that the wording of the text was changed, while the meaning of the repealed directives was preserved. Changes to the meaning of the provisions of the repealed directives are indicated by the term "amended". This term appears in the last column when the amendment concerns the provisions of the three repealed directives. When the amendment only affects one or two of these directives, the term "amended" is included in the column of the directives concerned.


Procurement procedures of entities in water, energy and transport sectors ***I
Resolution
Consolidated text
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
European Parliament legislative resolution on the proposal for a European Parliament and Council directive coordinating the procurement procedures of entities operating in the water, energy and transport sectors (COM(2000) 276 – C5-0368/2000 – 2000/0117(COD))
P5_TA(2002)0011 A5-0379/2001

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council ((COM(2000) 276(1) ),

–   having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0368/2000 ),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Market, the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy) (A5-0379/2001 ),

1.   Approves the Commission proposal as amended;

2.   Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 January 2002 with a view to the adoption of European Parliament and Council Directive .../…./EC on on coordinating the procurement procedures of entities operating in the water, energy and transport sectors

P5_TC1-COD(2000)0117


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,

Having regard to the proposal from the Commission(2) ,

Having regard to the opinion of the Economic and Social Committee(3) ,

Having regard to the opinion of the Committee of the Regions(4) ,

Acting in accordance with the procedure set out in Article 251 of the Treaty(5) ,

Whereas:

(1)   Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors(6) was last amended by Directive 98/4/EC of the European Parliament and of the Council(7) . On the occasion of new amendments, which are necessary to respond to requests for simplification and modernisation made by contracting authorities and economic operators alike in their responses to the Green Paper adopted by the Commission on 27 November, 1996(8) , the Directive should be recast in the interests of clarity.

(2)   The procedures for the award of contracts which are applied by entities operating in the water, energy and transport sectors call for a co-ordination based on the aim of guaranteeing a high standard of reliable services of general interest at affordable prices and the requirements inferable from Articles 14, 28 and 49 of the EC Treaty and from Article 97 of the Euratom Treaty, namely the principles of equality of treatment, of which the principle of non-discrimination is no more than a specific expression, mutual recognition, transparency and the opening-up of public procurement to competition. Whilst taking into account the overall aims laid down in Articles 2 and 6 of the EC Treaty , this co-ordination should establish a framework for sound commercial practice and should allow a maximum of flexibility.

(3)    Nothing in this Directive prevents any contracting authority from imposing or enforcing measures necessary to protect public morality, public policy, public security or human, animal or plant life or health, in conformity with the Treaty, in particular with a view to sustainable development, provided that those measures are not discriminatory and do not conflict with the objective of opening up the public procurement market.

(   4 ) Community legislation, and in particular Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector(9) and Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector(10) , are designed to introduce more competition between entities offering air transport services to the public. It is therefore not appropriate to include such entities in the scope of this Directive. In view of the competitive position of Community shipping, it would also be inappropriate to make the contracts awarded in this sector subject to the rules of this Directive.

(5)    In accordance with Article 6 of the Treaty, environmental protection requirements must be integrated into the definition and implementation of Community policies and activities, in particular with a view to promoting sustainable development. This includes policies and activities concerned with the construction of the European internal market and directives on public procurement in particular. The Directive therefore integrates Community policy on environmental protection and sustainable development into the public procurement regime.

(   6 ) The scope of Directive 93 /38/EEC covers, at present, certain contracts awarded by contracting entities operating in the telecommunications sector. A legislative framework, as mentioned in the fourth report on the implementation of the telecommunications regulations of 25 November 1998(11) , has been adopted to liberalise the telecommunications sector. One of its consequences has been the introduction of effective competition, both de jure and de facto, in this sector. For information purposes, and in the light of this situation, the Commission has published a list of telecommunications services(12) which may already be excluded from the scope of that Directive by virtue of Article 8 thereof. Further progress has been confirmed in the fifth report on the implementation of telecommunications regulation of 10 November 1999(13) . It is therefore no longer necessary to regulate purchases by entities operating in this sector.

(7)    Given that contracting authorities may require particular conditions concerning performance of the contract, provided that those conditions are compatible with Community law, it follows that conditions may be imposed relating to the promotion of social and employment policy objectives, including conditions to favour employment of excluded or disadvantaged people or to combat unemployment.

(   8 ) It is therefore no longer appropriate to maintain the Advisory committee on telecommunications procurement, set up by Council Directive 90/531/EEC(14) .

(   9 ) Nevertheless, it is appropriate to continue to monitor developments on the telecommunications market and to reconsider the situation if it is established that there is no longer effective competition in that sector.

(   10 ) Directive 93/38/EEC excludes from its scope purchases of voice telephony, telex, mobile telephone, paging and satellite services. Those exclusions were introduced to take account of the fact that the services in question could frequently be provided only by one service provider in a given geographical area because of the absence of effective competition and the existence of special or exclusive rights. The introduction of effective competition in the telecommunications sector removes the justification for these exclusions. It is therefore necessary to include the procurement of such telecommunications services in the scope of this Directive.

(   11 ) The reason for regulating the water, energy and transport sectors by means of this Directive is that the entities which provide services in those areas are in certain cases public ones and, in other cases, private ones. The need to ensure a real opening-up of the market and a fair balance in the application of procurement rules in the abovementioned sectors requires that the entities to be covered must be identified on a basis other than by reference to their legal status. It has to be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. It is also necessary to ensure, in keeping with Article 295 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.

(   12 ) One major reason for the introduction of rules coordinating procedures for the award of contracts in these areas is the variety of ways in which national authorities can influence the behaviour of these entities, including participation in their capital and representation in the entities' administrative, managerial or supervisory bodies.

(   13 ) Another major reason why it is necessary to coordinate procurement procedures applied by the entities operating in these sectors is the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the national authorities concerning the supply to, and provision or operation of, networks for providing the service concerned.

(   14 ) There has to be an appropriate definition of the concept of special and exclusive rights. The consequence of the definition is that the fact that, for the purpose of constructing the networks or the port or airport facilities, an entity may take advantage of a procedure for the expropriation of property, or for its bearing a right of way, or may place network equipment on, under or over the public highway shall not in itself constitute exclusive or special rights within the meaning of this Directive. Nor does the fact that an entity supplies with drinking water, electricity, gas or heat a network which is itself operated by an entity enjoying special or exclusive rights granted by a competent authority of the Member State concerned constitute in itself an exclusive or special right within the meaning of this Directive.

(   15 ) This Directive should apply neither to contracts intended to permit the provision of a service referred to by Articles 3 to 6 nor to design contests organised for the pursuit of such an activity if, in the Member State in which this activity is to be carried out, it is directly exposed to competition on markets to which access is not limited. It is therefore appropriate to introduce a mechanism, applicable to all sectors covered by this Directive, that will enable the effects of current or future liberalisation to be taken into account. Such a mechanism must provide legal certainty for the entities concerned, as well as an appropriate decision-making process, particularly as regards the timeframe available to the Commission for reaching its decision concerning the possible exemption of a specific sector.

(   16 ) Direct exposure to competition must be assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. The implementation and application of appropriate Community legislation liberalising a given sector, or a part of it, will be considered to provide sufficient grounds for assuming there is free access to the market in question. Such appropriate legislation should be identified in an annex which can be updated by the Commission. Where access to a given market is not liberalised by Community legislation, the Member States must demonstrate that, de jure and de facto, such access is free.

(   17 ) Where an activity is carried out by a public authority within the meaning of this Directive, the competitive pressure resulting from the fact that the activity in question is directly exposed to competition on markets to which access is not limited might not be sufficient to ensure that decisions taken under contract award procedures are based exclusively on economic considerations. It is therefore appropriate that contracts awarded by public authorities in such situations should continue to be governed by this Directive. The general mechanism for exemption should therefore not apply to activities carried out by public authorities.

(   18 ) To forestall the existence of a multitude of specific arrangements applicable to certain sectors only, the current special arrangements created by Article 3 of Directive 93/38/EEC and Article 12 of European Parliament and Council Directive 94/22/EC(15) governing entities exploiting a geographical area for the purpose of exploring for or extracting oil, gas, coal or other solid fuels should be replaced by the general mechanism allowing for exemption of sectors directly exposed to competition. It has to be ensured, however, that this will be without prejudice to Commission Decisions 93/676/EEC of 10 December 1993 establishing that the exploitation of geographical areas for the purpose of exploring for or extracting oil or gas does not constitute in the Netherlands an activity defined by Article 2(2)(b)(i) of Council Directive 90/531/EEC and that entities carrying on such an activity are not to be considered in the Netherlands as operating under special or exclusive rights within the meaning of Article 2(3)(b) of the Directive(16) and 97/367/EC of 30 May 1997 establishing that the exploitation of geographical areas for the purpose of exploring for or extracting oil or gas does not constitute in the United Kingdom an activity defined by Article 2(2)(b)(i) of Council Directive 93/38/EEC and that entities carrying on such an activity are not to be considered in the United Kingdom as operating under special or exclusive rights within the meaning of Article 2(3)(b) of the Directive(17) .

(   19 ) Certain entities providing bus transport services to the public, already excluded from the scope of Directive 93/38/EEC, should also be excluded from the scope of this Directive. Furthermore, in order to forestall the existence of a multitude of specific arrangements applying to certain sectors only, the general mechanism must, if it is to take the effects of liberalisation into account, also apply to bus transport services if these services are provided by entities which, at the time of entry into force of this Directive, are still subject to Directive 93/38/EEC.

(   20 ) It is appropriate that the contracting entities apply common procurement procedures in respect of their activities relating to water and that these rules also apply where public authorities within the meaning of this Directive award contracts in respect of their projects in the field of hydraulic engineering, irrigation, land drainage or the disposal and treatment of sewage. However, procurement rules of the type proposed for supplies of goods are inappropriate for purchases of water, given the need to procure water from sources near the area in which it will be used.

(   21 ) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994)(18) , approved in particular the Agreement on Government Procurement, referred to hereinafter as the "Agreement", the aim of which is to establish a multilateral framework of balanced rights and obligations relating to public contracts with the aim of achieving the liberalisation and expansion of world trade. In view of the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, the arrangements to be applied to tenderers and products from signatory third countries are those defined by the Agreement. This Agreement does not have direct effect. The contracting authorities covered by the Agreement which comply with this Directive and which apply the same provisions as regards economic operators of third countries which are signatories to the Agreement must therefore be in conformity with the Agreement. It is also appropriate that this Directive should guarantee for Community economic operators conditions for participation in public procurement which are just as favourable as those reserved for economic operators of third countries which are signatories to the Agreement.

(   22 ) Without prejudice to the international commitments of the Community, it is necessary to simplify the implementation of this Directive, particularly by simplifying the thresholds and by rendering applicable to all contracting entities, regardless of the sector in which they operate, the provisions regarding the information to be given to participants concerning decisions taken in relation to contract award procedures and the results thereof. Furthermore, in view of Monetary Union, it is appropriate to set thresholds expressed in euro. Consequently, thresholds should be set, in euro, in such a way as to simplify the application of these provisions while at the same time ensuring compliance with the thresholds laid down in the Agreement, which are expressed in Special Drawing Rights. To this end, the thresholds expressed in euro should be periodically revised in order to adjust them, where necessary, in line with possible negative variations in the value of the euro in relation to the Special Drawing Right. In addition, the thresholds applicable to design contests should be identical to those applicable to service contracts.

(   23 ) This Directive should not apply to procurement contracts which are declared secret or may affect basic State security interests or are concluded according to other rules set up by existing international agreements or international organisations. Nor should this Directive apply to design contests governed by different procedural rules laid down by existing international agreements or by international organisations.

(   24 ) Obstacles to the free provision of services need to be avoided. Therefore, service providers may be either natural or legal persons. This Directive should not, however, prejudice the application, at national level, of rules concerning the conditions for the pursuit of an activity or a profession, provided that they are compatible with Community law.

(   25 ) This Directive should cover the provision of services only where based on contracts: provision of services on other bases, such as law or regulations, or employment contracts, is therefore not covered.

(   26 ) Pursuant to Article 163 of the Treaty, the encouragement of research and development is a means of strengthening the scientific and technological basis of European industry, and the opening-up of public procurement contributes to this end. This Directive should not cover the cofinancing of research and development programmes: research and development contracts other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority, are not therefore covered by this Directive.

(   27 ) Contracts for the acquisition or rental of land, existing buildings or other immovable property have particular characteristics, which make the application of procurement rules inappropriate.

(   28 ) Arbitration and conciliation services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules.

(   29 ) The service contracts referred to in this Directive should not include contracts for the issue, purchase, sale or transfer of securities or other financial instruments.

(   30 ) Service contracts having a single designated source of supply may, under certain conditions, be fully or partly exempted from this Directive.

(   31 ) It is appropriate to exclude certain contracts awarded to an affiliated undertaking or a joint venture having as its principal activity the provision of supplies and/or other services to the group or groups of which it is part, rather than the offering of such supplies and services on the market.

(   32 ) Measures to remove obstacles to cross-frontier trade in electricity have been or are in the course of being introduced, and this is also the case in other parts of the energy sector. Procurement rules of the type applied to supplies of goods make it possible to overcome existing obstacles to the purchases of energy and fuels in the energy sector. As a result, it is no longer appropriate to exclude these purchases from the scope of this Directive.

(   33 ) The field of services is best described, for the purpose of application of the rules of this Directive and for monitoring purposes, by subdividing it into categories corresponding to particular headings of a common nomenclature and to group them in two Annexes, XVIA and XVIB, according to the regime which applies to them. For services covered by Annex XVIB, the applicable provisions of this Directive should not prejudice the application of Community rules specific to such services.

(   34 ) As regards service contracts, full application of this Directive must be 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 need to be monitored during this transitional period before a decision is taken on the full application of this Directive. In this respect, the mechanism for such monitoring needs to be defined. This mechanism must, at the same time, enable interested parties to have access to the relevant information.

(   35 ) A contract performance condition is compatible with the Directive provided that it does not directly or indirectly discriminate against tenderers from other Member States and provided that it is indicated in the contract notice. Such a condition may, among other things, have as its purpose the favouring of employment for excluded or disadvantaged persons or the reduction of unemployment.

(   36 ) Contracting entities may seek or accept advice which may be used in the preparation of specifications for a specific procurement, provided that such advice does not have the effect of precluding competition.

(   37 ) The technical specifications drawn up by public procurers must allow public procurement to be opened up to competition. To this end, it must be possible to submit bids which reflect the diversity of possible technical solutions. In order to do this, it has to be possible, on the one hand, to draw up technical specifications in terms of functional performance and requirements; on the other hand, where reference is made to a European standard - or, where no such standard exists, to a national standard - contracting authorities must take into account tenders based on other solutions meeting the contracting authority's requirements in an equivalent way. To demonstrate equivalence, tenderers should be permitted to use any form of evidence. The contracting authority must give reasons for any decision concluding that there is no equivalence.

(   38 ) Taking account of new information and telecommunications technologies and the simplifications they can bring about with regard to the advertising of contracts and in terms of the efficiency and transparency of award procedures, it is appropriate to put the use of electronic means on an equal footing with conventional means of communicating and exchanging information. Where at all possible, the means and the technology chosen must be compatible with the technologies used in the other Member States.

(   39 ) The use of electronic means leads to savings in time. As a result, provision should be made for reducing the minimum periods where electronic means are used, subject however to the condition that they are compatible with the specific mode of transmission envisaged at Community level. An additional reduction could be considered if the contracting entity simultaneously makes the entire specifications available on the Internet, thereby offering free and direct access to this information. However, it has to be ensured that the cumulative effect of reductions of time-limits does not lead to excessively short deadlines, which could jeopardise the objective of opening up public procurement in the internal market.

(   40 ) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures(19) and Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ('Directive on electronic commerce' )(20) will apply to electronic information transmission in the context of this Directive.

(   41 ) Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time-limits(21) will apply to the calculation of the time-limits contained in this Directive.

(   42 ) It needs to be clarified that contracting entities which establish selection criteria must do so in accordance with objective rules and criteria, just as the selection criteria in restricted and negotiated procedures have to be objective.

(   43 ) The contract must also be awarded on the basis of objective criteria which ensure compliance with the principles of non-discrimination and equality of treatment and which guarantee that tenders are assessed in conditions of effective competition. As a result, it is appropriate to allow the application of two award criteria only: "the lowest price" and "the most economically advantageous tender".

(   44 ) In order to ensure compliance with the principle of equality of treatment in awarding contracts, it is appropriate to ensure and reinforce the necessary transparency as regards the criteria chosen to identify the most economically advantageous tender. At the earliest possible stage in the contract award procedure, therefore, contracting entities should be obliged to indicate the relative weighting given to each of these criteria. The contracting entity should be allowed to confine itself to setting out a simple descending order of importance attaching to the criteria.

(   45 ) The award criteria should not affect the application of national provisions on the remuneration of certain services, such as, for example, the services performed by architects, engineers or lawyers.

(46)    Contracting entities may reject tenders that are abnormally low owing to non-compliance with minimum social requirements.

(   47 ) The relevant Community rules on mutual recognition of diplomas, certificates or other evidence of formal qualifications apply when evidence of a particular qualification is required for participation in a procurement procedure or a design contest.

(   48 ) Certain technical conditions, and in particular those concerning notices and statistical reports, as well as the nomenclature used and the conditions of reference to that nomenclature will need to be adopted and amended in the light of changing technical requirements. It is, therefore, appropriate to put in place a flexible and rapid adoption procedure for this purpose. In accordance with Article 2 of Council Decision 1999/468/EC of 28 June, 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(22) , the measures necessary for implementation of this Directive should be taken in accordance with the advisory procedure in Article 3 of the Decision.

(   49 ) In order to favour the access of small and medium-sized undertakings to the public procurement market, it is advisable to include provisions on sub-contracting.

(   50 ) This Directive should be without prejudice to the existing international obligations of the Community or of the Member States and should not prejudice the application of the provisions of the Treaty, in particular Articles 81 and 86 thereof.

(   51 ) This Directive should not prejudice the time-limits set out in Annex XXII, within which Member States are required to comply with Directive 93/38/EEC and its successive amending acts,

HAVE ADOPTED THIS DIRECTIVE:

TITLE I

General provisions applicable to contracts and design contests

Chapter I

Definitions

Article 1

1.   For the purposes of this Directive, the definitions set out in paragraphs 2 to 13 shall apply.

2.  "Supply, works and service contracts" means contracts for pecuniary interest concluded in writing between one of the contracting entities referred to in Article 2(2), and one or more suppliers, contractors or service providers, having as their object:

   (a) in the case of supply contracts, the purchase, lease, rental or hire-purchase of products, with or without the option to buy;
   (b) in the case of works contracts, either the execution, or both the design and execution, or the realisation, by whatever means, of building or civil engineering activities referred to in Annex XI: these contracts may, in addition, cover supplies and services necessary for their execution;
   (c) in the case of service contracts, contracts concerning services mentioned in Annex XVI.

3.   A contract intended to cover both products and services within the meaning of Annex XVI shall be considered to be a "supply contract" if the value of the products in question exceeds that of the services covered by the contract.

A contract intended to cover the delivery of the products and, in addition, siting and installation operations within the meaning of this Directive, shall be considered to be a "supply contract".

4.   A contract relating to one or more activities referred to in point (b) of paragraph 2 and to the supply of products shall be considered to be a "works contract" if these activities do not comprise siting and installation work only.

A contract whose object expressly comprises the performance of one or more activities referred to in point (b) of paragraph 2 shall be considered to be a "works contract" even if this object also includes the provision of services within the meaning of Annex XVI, provided that these services are necessary for the performance of the contract in question.

5.   A contract intended to cover only services within the meaning of Annex XVI and including, by way of addition to the principal object of the contract, one or more activities referred to in point (b) of paragraph 2, shall be considered to be a "service contract".

6.   A "contractor", "supplier" or "service provider" means either a natural or legal person, or a contracting entity within the meaning of points (a) or (b) of Article 2(2), or a group of such persons and/or entities.

An "economic operator" means either a supplier, or a service provider or a contractor.

A "tenderer" means an economic operator who submits a tender, and a "candidate" means one who has sought an invitation to take part in a restricted or negotiated procedure.

7.   A "framework contract " means an agreement between one of the contracting entities referred to in Article 2(2) and one or more economic operators, the purpose of which is to establish the terms, in particular with regard to the prices and, where appropriate, the quantity envisaged, governing the contracts to be awarded during a given period.

8.    "Framework contracts' in the translation and interpreting services sector are identical contracts entered into with several service providers. Translation and interpreting service providers shall be classified in order on the basis of the award criteria and actual merit in contract performance. Actual merit shall be assessed at intervals, in compliance with the principle of equal opportunities.

9.  9 . "Open, restricted and negotiated procedures" means the procurement procedures applied by contracting entities, whereby:

   (a) in the case of open procedures, any economic operator may submit tenders;
   (b) in the case of restricted procedures, only candidates invited by the contracting entity may submit tenders;
   (c) in the case of negotiated procedures, the contracting entity consults economic  operators of its choice and negotiates the terms of the contract with one or more of them.

10.   10 . "Design contests' means the national procedures which enable the contracting entity to acquire, mainly in the fields of architecture, engineering or data processing, a plan or design selected by a jury after having been put out to competition, with the award of prizes.

11.   11 . "Electronic means" means the use of electronic equipment for the processing (including digital compression) and storage of data transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.

12.   12 . "(In) writing" means any combination of words or figures that can be read, reproduced and subsequently communicated. Such combination may include information transmitted and stored by electronic means.

13 .   The Common Procurement Vocabulary (hereinafter "CPV"), adopted by European Parliament and Council Regulation (EC) No .../... (23) means the reference nomenclature applying to public procurement contracts.

Chapter II

Scope: Definition of the activities and entities covered

Section 1

Entities covered

Article 2

Contracting entities

1.  For the purposes of this Directive,

   (a) "public authorities" means the State, regional or local authorities, bodies governed by public law, or associations formed by one or more of such authorities or bodies governed by public law as well as purchasing groups set up by the latter for the purpose of awarding public contracts .
   is established for the specific purpose of meeting needs in the general interest,
   has legal personality, and
   is financed for the most part by the State, or regional or local authorities, or other bodies governed by public law, or is subject to management supervision by those bodies, or has an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities, or other bodies governed by public law.
   (b) "public undertaking" means any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
   hold the majority of the undertaking's subscribed capital, or
   control the majority of the votes attaching to shares issued by the undertaking, or
   can appoint more than half of the undertaking's administrative, management or supervisory body.

2.   This Directive shall apply to contracting entities:

   (a) which are public authorities or public undertakings and which pursue one of the activities referred to in Articles 3 to 7 ;
   (b) which, when they are not public authorities or public undertakings, have as one of their activities any of the activities referred to in Articles 3 to 7 , or any combination thereof, and operate on the basis of special or exclusive rights granted by a competent authority of a Member State.

3.    For the purpose of applying point (b) of paragraph 2 , special or exclusive rights shall mean rights deriving from authorisations granted by the competent authorities of the Member State concerned, by law, regulation or administrative action, the effect of which is to reserve for one or more entities the exercise of an activity defined in paragraph 2.

A contracting entity shall be considered to enjoy special or exclusive rights in particular where:

   (a) for the purpose of constructing networks or facilities under the activities referred to in paragraph 2, it may take advantage of a procedure for the expropriation or use of property or may place network equipment on, under or over the public highway;
   (b) in the case of point (a) of paragraph 2, the entity supplies with drinking water, electricity, gas or heat a network which is itself operated by an entity enjoying special or exclusive rights granted by a competent authority of the Member State concerned.

Section 2

Activities referred to

Article 3

Provisions relating to gas, heat and electricity

1.  As far as gas and heat are concerned, this Directive shall apply to the following activities:

   (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; or
   (b) the supply of gas or heat to such networks.

2.   The supply of gas or heat to networks which provide a service to the public by a contracting entity other than a public authority shall not be considered a relevant activity within the meaning of paragraph 1 where:

   (a) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying on an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4, 5 and 6; and
   (b) supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20% of the entity's turnover having regard to the average for the preceding three years, including the current year.

3.   As far as electricity is concerned, this Directive shall apply to the following activities:

   (a) the provision or operation of fixed networks serving to provide a service to the public in connection with the production, transport or distribution of electricity; or
   (b) the supply of electricity to such networks.

4.   The supply of electricity to networks which provide a service to the public by a contracting entity other than a public authority shall not be considered a relevant activity within the meaning of paragraph 3 where:

   (a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4, 5 and 6; and
   (b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, having regard to the average for the preceding three years, including the current year.

Article 4

Provisions relating to water

1.  This Directive shall apply to the following activities:

   (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; or
   (b) the supply of drinking water to such networks.

2.   This Directive shall also apply to contracts or design contests awarded or organised by entities which pursue an activity referred to in paragraph 1 and which:

   (a) are connected with hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20% of the total volume of water made available by such projects or irrigation or drainage installations, or
   (b) are connected with the disposal or treatment of sewage.

3.   The supply of drinking water to networks which provide a service to the public by a contracting entity other than a public authority shall not be considered a relevant activity within the meaning of paragraph 1 where:

   (a) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in Articles 3, 4, 5 and 6; and
   (b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of drinking water, having regard to the average for the last three years, including the current year.

Article 5

Provisions relating to transport services

1.   This Directive shall apply to activities relating to the operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable.

As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

2.   The provision of bus transport services to the public shall not be considered an activity for the purposes of paragraph 1 where, within 12 months after the entry into force of this Directive at the latest, other entities are free to provide those services, either in general or in a particular geographical area, under the same conditions as the contracting entities.

Article 6

Provisions relating to the exploration for, or extraction of, oil, gas, coal or other solid fuels, as well as ports and airports

This Directive shall apply to activities seeking to exploit a geographical area for the purpose of:

   (a) exploring for or extracting oil, gas, coal or other solid fuels, or
   (b) the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway.

Article 7

Provisions governing postal services

1.    This Directive shall apply to activities relating to the supply of postal services.

2.    Postal services which can generally be supplied by other agencies on an unrestricted basis or subject to a licensing procedure by the competent authority shall not be regarded as an activity within the meaning of paragraph 1.

3.    This Directive shall not apply to contracts for acquisition by contracting entities exercising an activity within the meaning of paragraph 1 for their own undertaking where the possibility exists that other undertakings can offer in the same area all postal services of not only secondary economic importance on broadly the same terms.

Article 8

List of contracting entities

The non-exhaustive lists of contracting entities within the meaning of this Directive are contained in Annexes I to IX.

Article 9

Contracts covering several activities

1.   A contract which is intended to cover several activities and which cannot be split up shall be subject to the rules applicable to the activity for which it is principally intended.

2.   If one of the activities for which the contract is intended is subject to this Directive and the other is not subject to this Directive nor to European Parliament and Council Directive .../.../EC of ... on the coordination of the procedures for the award of public supply contracts(24) , public service contracts and public works contracts], and if it is objectively impossible to determine which activity the contract is principally intended for, the contract shall be awarded in accordance with this Directive.

3.   If one of the activities for which the contract is intended is subject to this Directive and the other to Directive .../.../EC [on the coordination of the procedures for the award of public supply contracts, public service contracts and public works contracts], and if it is objectively impossible to determine which activity the contract is principally intended for, the contract shall be awarded in accordance with Directive .../.../EC [on the coordination of the procedures for the award of public supply contracts, public service contracts and public works contracts].

Chapter III

General principles

Article 10

Equality of treatment, prohibition of discrimination; transparency

Contracting entities shall take all necessary steps to ensure compliance with the principles of equality of treatment, non-discrimination and transparency.

TITLE II

Rules applicable to contracts

Chapter I

General provisions

Article 11

Groupings of economic operators

1.   Tenders may be submitted and negotiations conducted by groupings of economic operators, and the persons taking part may meet the selection criteria specified by the contracting entities pursuant to Articles 55(1) to (3) cumulatively . The length of any professional experience requested by the contracting entity may not be accumulated. There may be a requirement for minimum criteria to be met by at least one of the members of the group, who shall act as its head. The conversion of such groupings into a specific legal form shall not be required for the purpose of their submitting a tender or negotiating, 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.

2.   Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service shall not be rejected on the sole ground that under the law of the Member State in which the contract is awarded they would have been required to be either a natural or a legal person.

3.   However, legal persons may be required to indicate, in the tender or the request for participation, the names and relevant professional qualifications of the staff to be responsible for the performance of the relevant service.

Article 12

Conditions set out in Agreements concluded within the World Trade Organisation

For the purposes of the award of contracts by contracting authorities, Member States shall apply in their relations conditions as favourable as those which they grant to third countries in implementation of the Agreement on government procurement, concluded in the framework of the Uruguay Round multilateral negotiations, hereinafter referred to as "the Agreement". The Member States shall to this end consult each other within the Advisory Committee for Public Contracts on the measures to be taken pursuant to the Agreement.

Article 13

Confidentiality

1.   During the phase for the provision of technical specifications to interested economic operators, and during the phase for the qualification and selection of economic operators and for the award of contracts, contracting entities may impose requirements with a view to protecting the confidential nature of information which they make available.

2.   This Directive shall not limit the right of economic operators to require a contracting entity, in conformity with national law, to respect the confidential nature of information which they make available.

Article 14

Framework agreements

1.   Contracting entities may regard a framework contract as a contract within the meaning of Article 1(2) and award it in accordance with this Directive.

2.   Framework contracts shall be awarded in accordance with the provisions of this Directive .

(a)   Contracting entities may not misuse framework contracts in order to hinder, limit or distort competition.

Chapter II

Scope: Thresholds and exclusion provisions

Article 15

Scope

This Directive shall apply where contracting entities as referred to in Article 2(2) award works, supply or service contracts whose estimated values, net of value-added tax (VAT), are equal to or greater than the thresholds set out in Article 16 , unless the exclusions under Articles 21 to 28 are applicable or a decision has been taken under Article 30 regarding the exercise of the particular activity in the Member State concerned.

Nothing in this Directive shall be construed to prevent any contracting entity from imposing or enforcing measures necessary to protect public policy, public security or human, animal or plant life or health, in particular with a view to sustainable development.

Section 1: Thresholds

Subsection 1

Amounts

Article 16

Contracts

This Directive shall apply to contracts where their estimated value, net of VAT, is equal to or greater than:

EUR 400 000 in the case of supply and service contracts;

   (b) EUR 5 300 000 in the case of works contracts.
   1. Subsection 2

Methods of calculating the value of contracts and framework agreements

Article 17

General rules

Contracting entities may not circumvent this Directive by splitting works or contracts or by using special methods of calculating the value of contracts.

2.   The basis for calculating the value of a framework contract shall be the estimated maximum value of all the contracts envisaged for the period in question.

1.   Article 18

Calculating the value of works contracts

For the purposes of Article 16 , contracting entities shall include in the estimated value of a works contract the value of any supplies or services necessary for the execution of the works which they make available to the contractor.

2.   The value of supplies or services which are not necessary for the execution of a particular works contract may not be added to that of the works contract when doing so would result in removing the procurement of those supplies or services from the scope of this Directive.

3.   The basis for calculating the value of a works contract for the purposes of Article 16 shall be the total value of the work. "Work" shall mean the result of building and civil engineering activities, taken as a whole, which are intended to fulfil an economic and technical function by themselves.

4.   Where a scheme of work is divided into several lots, the value of each lot shall be taken into account when assessing the value referred to in Article 16 . Where the aggregate value of the lots equals or exceeds the value laid down in Article 16 , that paragraph shall apply to all the lots.

1.   However, in the case of works contracts, contracting entities may derogate from  Article 16 in respect of lots whose estimated value net of VAT is less than EUR 1  million, provided that the aggregate value of those lots does not exceed 20% of the overall value of the lots.

Article 19

Calculating the value of supply contracts

Where a supply is divided into several lots, the value of each lot shall be taken into account when assessing the value referred to in Article 16 . Where the aggregate value of the lots equals or exceeds the value laid down in Article 16 , that Article shall apply to all the lots.

2.   Where a proposed supply contract expressly provides for options, the basis for calculating the estimated contract value shall be the highest possible total of the purchase, lease, rental, or hire-purchase permissible, inclusive of the options.

3.   In the case of a procurement of supplies over a given period by means of a series of contracts to be awarded to one or more suppliers, or of contracts which are to be renewed, the contract value shall be calculated on the basis of:

(a)  the total value of contracts with similar characteristics which were awarded over the previous financial year or 12 months, adjusted where possible to reflect anticipated changes in quantity or value over the subsequent 12 months; or

   (b) the aggregate value of contracts to be awarded during the 12 months following the first award or during the whole term of the contract, where this is longer than 12 months.
   4. In the case of supply contracts for lease, rental or hire-purchase, the value to be used as the basis for calculating the contract value shall be:

(a)   in the case of fixed-term contracts, where their term is 12 months or less, the estimated total value for the contract's duration, or, where their term exceeds 12 months, the contract's total value including the estimated residual value;

   (b) in the case of contracts for an indefinite period or in cases where there is doubt as to the duration of the contracts, the anticipated total instalments to be paid in the first four years.
   5. The basis for calculating the estimated value of a contract including both supplies and services shall be the total value of the supplies and services, regardless of their respective shares. The calculation shall include the value of the siting and installation operations.

1.   Article 20

Calculating the value of service contracts

For the purposes of calculating the estimated amount of a service contract, the contracting entity shall include the total remuneration of the service provider, taking account of the provisions set out in paragraphs 2 to 7.

2.   Where a service is divided into several lots, the value of each lot shall be taken into account when assessing the value referred to in Article 16 . Where the aggregate value of the lots equals or exceeds the value laid down in Article 16 , that Article shall apply to all the lots.

3.   Where a proposed service contract specifically provides for options, the basis for calculating the estimated contract value shall be the highest possible total of the purchase, lease, rental, or hire-purchase permissible, inclusive of the options.

4.   In the case of a procurement of services over a given period by means of a series of contracts to be awarded to one or more service providers, or of contracts which are to be renewed, the contract value shall be calculated on the basis of:

(a)  the total value of contracts with similar characteristics which were awarded over the previous financial year or 12 months, adjusted where possible for anticipated changes in quantity or value over the subsequent 12 months; or

   (a) the aggregate value of contracts to be awarded during the 12 months following the first award or during the whole term of the contract, where this is longer than 12 months.
   5. The basis for calculating the estimated value of a contract including both supplies and services shall be the total value of the supplies and services, regardless of their respective shares. The calculation shall include the value of the siting and installation operations.

6.   For the purposes of calculating the estimated contract amount of financial services, the following amounts shall be taken into account:

(a)  the premium payable, as well as other, comparable types of remuneration, in the case of insurance services;

   (b) fees, commissions, interest and other modes of remuneration, in the case of banking and other financial services;
   (c) fees or commissions, in the case of contracts involving design tasks.
   7. In the case of service contracts which do not indicate a total cost, the value to be used as the basis for calculating the estimated contract value shall be:

(a)   in the case of fixed-term contracts, where their term is 48 months or less, the total contract value for its duration;

   (b) in the case of contracts of indefinite duration, contracts including a tacit renewal clause or contracts with a term of more than 48 months, the monthly value multiplied by 48.
   1. Section 2

Contracts which are excluded or are subject to special arrangements

Subsection 1

Exclusions applicable to all contracting entities and to all types of contract

Article 21

Contracts awarded for purposes of resale or lease to third parties

This Directive shall not apply to contracts awarded for purposes of resale or lease to third parties, provided that the contracting entity enjoys no special or exclusive right to sell or lease the subject of such contracts, and other entities are free to sell or lease it under the same conditions as the contracting entity.

2.   The contracting entities shall notify the Commission at its request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion in the Official Journal of the European Communities. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.

1.   Article 22

Contracts awarded for purposes other than the pursuit of an activity covered or for the pursuit of such an activity in a third country

This Directive shall not apply to contracts which the contracting entities award for purposes other than the pursuit of their activities as described in Articles 3 to 6 or for the pursuit of such activities in a third country, in conditions not involving the physical use of a network or geographical area within the Community.

2.   The contracting entities shall notify the Commission at its request of any activities which they regard as excluded under paragraph 1. The Commission may periodically publish, for information purposes, lists of the categories of activities which it considers to be covered by this exclusion in the Official Journal of the European Communities. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information.

2.   Article 23

Contracts which are secret or require particular security measures

This Directive shall not apply to contracts when they are declared to be secret by a Member State, when their execution 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 security interests of that State so requires. The Commission may ask Member States to provide additional information regarding certain contracts so that it can decide whether or not this Article is applicable to those contracts.

Article 24

Contracts awarded pursuant to international rules

This Directive shall not apply to contracts governed by different procedural rules and awarded:

(a) pursuant to an international agreement concluded in accordance with the Treaty between a Member State and one or more third countries and relating to supplies, works, services or design contests intended for the joint implementation or exploitation of a project by the signatory States; every agreement shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;

   (b) to undertakings in a Member State or a third country pursuant to an international agreement relating to the stationing of troops;
   (c) pursuant to the particular procedure of an international organisation.
   c) Subsection 2

Exclusions applicable to all contracting entities, but to service contracts only

Article 25

Contracts relating to certain services excluded from the scope

This Directive shall not apply to:

(a) contracts for the acquisition or rental, by whatever financial means, of land, existing buildings or of other immovable property or concerning rights therein; nevertheless, financial service contracts concluded at the same time as, before, or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;

   (b) contracts for arbitration and conciliation services;
   (c) contracts for the issue, sale, purchase or transfer of securities or other financial instruments;
   (d) employment contracts;
   (e) research and development service contracts other than those where the benefits accrue exclusively to the contracting entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting entity.
   1. Article 26

Contracts awarded on the basis of an exclusive right

This Directive shall not apply to contracts awarded to an entity which is itself a public authority within the meaning of point (a) of Article 2(1) on the basis of an exclusive right which it enjoys pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.

Article 27

Contracts awarded to an affiliated undertaking or to an entity forming part of a joint venture

This Directive shall not apply to contracts which an undertaking awards to an affiliated undertaking or a joint venture, its participation in which amounts to at least 50% of the average turnover of that undertaking within the Community for the preceding three years deriving from the provision of services or supplies to undertakings with which it is affiliated. This shall also apply if the undertaking has not yet been in existence for three years on condition that the turnover figure required is likely to be attained after the first three years.

2.   This Directive shall not apply to contracts which a joint venture awards to one of the undertakings which have set it up or to an undertaking which is affiliated to one of these undertakings. ;

For the purposes of this article, "joint venture' shall mean an undertaking which has been set up by more than one principal for the purpose of activities referred to in Articles 3 to 6.

For the purposes of this Article, "affiliated undertaking" means any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the Seventh Council Directive 83/349/EEC of 13 June 1983 based on Article 54(3)(g) of the Treaty on consolidated accounts (25) , or, in the case of entities not subject to that Directive, any undertaking over which the contracting entity may exercise, directly or indirectly, a dominant influence within the meaning of point (b) of Article 2(1) or which may exercise a dominant influence over the contracting entity or which, in common with the contracting entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.

3.   The contracting entities shall notify to the Commission, at its request, the following information regarding the application of the provisions of paragraph 1:

(a)  the names of the undertakings concerned,

   (b) the nature and value of the contracts involved,
   (c) such proof as may be deemed necessary by the Commission that the relationship between the undertaking to which the contracts are awarded and the contracting entity complies with the requirements of this Article.
   1. Subsection 3

Exclusions applicable to certain contracting entities only

Article 28

Contracts awarded by certain contracting entities for the purchase of water or for the supply of energy or fuels for the production of energy

This Directive shall not apply to contracts

(  a) which contracting entities engaged in the activity referred to in Annex I award for the purchase of water,

   (b) which contracting entities engaged in the activities referred to in Annexes II, III, IV and V award for the purchase of energy or fuels for the production of energy.
   2. The Council shall reexamine the provisions of paragraph 1 when it has before it a report from the Commission together with appropriate proposals, and shall adopt any necessary amending legislation under the procedure provided for in Article 251 of the Treaty.

2.   Article 29

Contracts subject to special arrangements

The Netherlands and the United Kingdom shall ensure, by way of the conditions of authorisation or other appropriate measures, that any entity operating in the sectors mentioned in Decisions 93/676/EEC and 97/367/EEC:

(a) observes the principles of non-discrimination and competitive procurement in respect of the award of supplies, works and service contracts, in particular as regards the information which the entity makes available to economic operators concerning its procurement intentions;

   (b) communicates to the Commission, under the conditions defined in Commission Decision 93/327/EEC of 13 May 1993 (26) , information relating to the award of contracts.
   1. Article 30

General mechanism for the exclusion of activities directly exposed to competition

Where they are awarded by contracting entities other than public authorities within the meaning of point (a) of Article 2(1), contracts intended to permit the performance of a service mentioned in Articles 3 to 6 shall not be subject to this Directive if access to the activity is not restricted in the Member State in which the activity is to be performed.

2.   Access to the activity shall be deemed not to be restricted if the Member State has transposed and implemented the provisions of Community legislation liberalising that activity.

3.    The enterprises concerned shall inform the Commission of the operations which they consider to be exposed to competition as referred to in paragraph 1, with a view to requesting their exemption.

1.   Chapter III

Arrangements applicable to service contracts

Article 31

Service contracts listed in Annex XVI A

Contracts which have as their subject-matter services listed in Annex XVI A shall be awarded in accordance with the provisions of Chapters IV to VII.

Article 32

Service contracts listed in Annex XVI B

Contracts which have as their subject-matter services listed in Annex XVI B shall be governed only by Articles 35 and 43 .

Article 33

Mixed service contracts listed in Annex XVI A and in Annex XVI B

Contracts which have as their subject-matter services listed both in Annex XVI A and in Annex XVI B shall be awarded in accordance with the provisions of Chapters IV to VII where the value of the services listed in Annex XVI A is greater than the value of the services listed in Annex XVI B. In other cases, contracts shall be awarded in accordance with Articles 35 and 43.

Chapter IV

Specific rules governing specifications and contract documents

Article 34

General provisions

For each contract, contracting entities shall draw up a set of specifications, clarifying and supplementing the information contained in the notices used as a means of calling for competition in accordance with Article 42 . In this context, they shall introduce only technical specifications in accordance with Article 35 ; if they accept variants, the provisions set out in Article 37 shall be applicable.

Contracting entities shall require information on the subject of subcontracting in accordance with Article 38 and shall stipulate conditions concerning obligations relating to environmental protection, employment protection provisions and working conditions in accordance with Article 39 .

They may also require particular conditions concerning performance of the contract, including the promotion of social and employment policy objectives, in particular conditions intended to favour employment of excluded or disadvantaged people or to combat unemployment, provided that the conditions are compatible with applicable Community law and are in line with the principles of equality of treatment, non-discrimination and transparency stipulated in Article 10 .

Article 35

Technical specifications

The technical specifications as defined in point 1 of Annex XX shall be set out in the contract documents, such as the contract notices, the set of specifications or the supplementary documents.

2.   The technical specifications shall afford equal access to tenderers and shall not have the effect of creating unjustified obstacles to the opening of public procurement to competition.

3.   Technical specifications shall be formulated by reference to European standards and national standards implementing European standards , European technical approvals, European eco-labels , common technical specifications, international standards or, when these do not exist, national standards or national technical approvals, pluri-national or national eco-labels, requiring third-party certification, environmental management systems or any other technical reference adopted by European standardisation bodies, as defined in Annex XX, provided that the reference is accompanied by the words "or equivalent'.

3.   They may also be formulated in terms of performance requirements, of functional requirements or of requirements with regard to the environmental impact of the product throughout its lifetime . They shall, however, be sufficiently precise to allow tenderers to determine the subject matter of the contract and to allow contracting entities to award the contract.

4. "Equivalent' standards mean standards which

-    are compatible with the technical, functional and performance requirements,

   - do not entail or cause any safety risks and
   - do not incur any additional costs for the contracting entity.
   5 . Where, in the case of works contracts, there are no European standards, European technical approvals or common technical specifications, and where it is impossible to formulate the specifications in terms of performance or functional requirements, the technical specifications may be defined by reference to national technical specifications relating to the design, method of calculation and execution of works, and use of products. Such reference shall be accompanied by the words "or equivalent".

6 .   Where a contracting entity makes use of the possibility of referring to the specifications mentioned in the first subparagraph of paragraph 3, it cannot, however, reject a tender on the grounds that the products and services tendered for do not comply with the specifications to which they have referred, provided that the tenderer proves in his tender, to the satisfaction of the contracting entity, by any appropriate means, that the solutions he proposes satisfy in an equivalent manner the requirements defined by the technical specifications.

7 .   A technical dossier of the manufacturer or a test report from a recognised body may constitute an "appropriate means'.

A contracting entity that rejects a tender on the grounds that its requirements are not satisfied in an equivalent manner shall inform the tenderer, at the latter's request, of the grounds for non-equivalence.

Where a contracting entity uses the possibility laid down in the second subparagraph of paragraph 3 to prescribe in terms of performance, it may not reject a tender for products and services which comply with a national standard transposing a European standard, with a European technical approval, a common technical specification or an international standard, if these standards and approvals address the same functional and performance requirements and are appropriate.

8 .   The tenderer must demonstrate in his tender, by any appropriate means, that the product or service fulfilling the standard meets the functional and performance requirements of the contracting entity. A test report from an impartial third-party body may constitute an 'appropriate means'.

Technical specifications shall not refer to a specific make or source, or to a particular process, or to a trade mark, patent, type, origin, specific producer or supplier or specific production. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraphs 3 and 5 is not possible; such reference must include the words "or equivalent'.

1.   Article 36

Communication of technical specifications

Contracting entities shall make available on request to economic operators interested in obtaining a contract, and who so request, the technical specifications regularly referred to in their supply, works or service contracts, or the technical specifications which they intend to apply to contracts covered by periodic information notices within the meaning of Article 41 .

2.   Where the technical specifications are based on documents available to interested economic operators, the inclusion of a reference to those documents shall be sufficient.

1.   Article 37

Variants

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 performance levels or requirements specified by the contracting entities.

2.   Contracting entities shall state in the specifications the minimum conditions to be met by the variants and the specific requirements for their presentation. Where variants are not permitted, they shall so indicate in the specifications.

Article 35 shall apply to variants.

3.   In the procedures for awarding supply contracts, contracting entities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would, if successful, lead to a service contract rather than a supply contract within the meaning of this Directive.

1.   In procurement procedures for service contracts, contracting entities which have admitted variants pursuant to paragraph 1 may not reject a variant on the sole ground that it would, if successful, lead to a supply contract rather than a service contract within the meaning of this Directive.

Article 38

Subcontracting

In the specifications, the contracting entity may not place any quantitative restrictions on the exercise, by the undertakings, of freedom of organisation of their own inputs. It shall ask the tenderer to indicate in his tender any share of the contract he may intend to subcontract to third parties and any designated subcontractors . This indication shall be without prejudice to the question of the principal economic operator's liability. The contracting entity shall prohibit any subcontracting to undertakings which are in the situation referred to in Article 53 of Directive .../.../EC [on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts] and/or undertakings which do not meet the requirements laid down in Articles 54, 55 and 56 of that Directive.

Intellectual services, with the exception of translation and interpretation services and management and related services, may not be contracted out.

Article 39

Obligations relating to environmental protection, employment protection provisions and working conditions

The contracting entity may state in the specifications, or may be obliged by a Member State so to do, the authority or authorities from which a tenderer may obtain the relevant information on the obligations relating to the employment protection provisions and working conditions which are in force in the Member State, region or locality in which the works or services are to be executed or provided and which are to be applicable to the works carried out or the services provided on site during performance of the contract.

2.   A contracting entity which supplies the information referred to in paragraph 1 shall request the tenderers or those participating in the contract procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to safety at work and working conditions which are in force in the place where the work or the service is to be carried out or provided.

1.   The first subparagraph shall be without prejudice to the application of Article 58 concerning the examination of abnormally low tenders.

Chapter V

Procedures

Article 40

Use of open, restricted and negotiated procedures

When awarding supply, works or service contracts, contracting entities shall apply procedures which accord with the provisions of this Directive.

2.   Contracting entities may choose any of the procedures described in Article 1(9) , provided that, subject to paragraph 3 , a call for competition has been made in accordance with Article 42 .

3.   Contracting entities may use a procedure without prior call for competition in the following cases:

(a)  in the absence of tenders, or of suitable tenders, in response to a procedure with a prior call for competition, provided that the original contract conditions have not been substantially changed;

   (b) where a contract is purely for the purpose of research, experiment, study or development ;
   (c) when, for special technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the performance of the contract can be entrusted only to a particular economic operator;
   (d) when in so far as is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable by the contracting entities, the time-limits laid down for open and restricted procedures cannot be adhered to;
   (e) in the case of supply contracts for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the contracting entity to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance;
   (f) for additional works or services not included in the project initially awarded or in the contract first concluded but which have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract:
  - when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities; or
   - when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
   (g) in the case of works contracts, for new works consisting in the repetition of similar works assigned to the contractor to which the same contracting entities awarded an earlier contract, provided that such works conform to a basic project for which a first contract was awarded after a call for competition: as soon as the first project is put up for tender, notice must be given that this procedure may be adopted and the total estimated cost of subsequent works shall be taken into consideration by the contracting entities when they apply the provisions of Articles 16 and 17 to 20 ;
   (h) for supplies quoted and purchased on a commodity market;
   (i) for contracts to be awarded on the basis of a framework contract , provided that the condition referred to in Article 14 (2) is fulfilled;
   (j) for bargain purchases, where it is possible to procure supplies by taking advantage of a particularly advantageous opportunity available for a very short time at a price considerably lower than normal market prices;
   (k) for purchases of supplies under particularly advantageous conditions from either a supplier definitively winding up his business or the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure under national laws or regulations;
   (l) when the service contract concerned is part of the follow-up to a design contest organised in accordance with the provisions of this Directive and must, in accordance with the relevant rules, be awarded to the winner or to one of the winners of that contest: in this latter case, all the winners shall be invited to participate in the negotiations.
   1. Chapter VI

Rules on publication and transparency

Section 1

Publication of notices

Article 41

Periodic indicative notices and notices on the existence of a system of qualification

Contracting entities shall make known, at least once a year, by means of a periodic indicative notice:

(a)  in the case of supply contracts, the total of the contracts, for each product area, whose estimated value, taking into account the provisions of Article 19 , is equal to or greater than EUR 750 000, and which they intend to award over the following 12 months;

   (b) in the case of works contracts, the essential characteristics of the works contracts which the contracting entities intend to award over the 12 coming months, whose estimated value is equal to or greater than EUR 5 300 000;
   (c) in the case of service contracts, the estimated total value of the service contracts in each of the categories of services listed in Annex XVI A which they intend to award over the following 12 months, where such estimated total value, taking into account the provisions of Article 20, is equal to or greater than EUR 750 000.
   2. The notice shall be drawn up in accordance with Annex XIV.

3.   Contracting entities may, in particular, publish periodic indicative notices relating to major projects without repeating information previously included in a periodic indicative notice, provided that it is clearly pointed out that these notices are additional ones.

4.   Where contracting entities choose to set up a qualification system in accordance with Article 54 , the system shall be the subject of a notice drawn up in accordance with the standardised model in Annex XIII, indicating the purpose of the qualification system and how to have access to the rules concerning its operation. Where the system is of a duration greater than three years, the notice shall be published annually. Where the system is of a shorter duration, an initial notice shall suffice.

1.   Article 42

Notices used as a means of calling for competition

In the case of supply, works or service contracts, the call for competition may be made:

(a)  by means of a periodic indicative notice drawn up in accordance with Annex XIV; or

   (b) by means of a notice on the existence of a qualification system drawn up in accordance with Annex XIII; or
   (c) by means of a notice drawn up in accordance with Annex XII, A, B or C.
   2. call for competition shall include the information on obligations relating to employment protection provisions and working conditions in accordance with Article 39.

When a call for competition is made by means of a periodic indicative notice, the notice shall:

(a)  refer specifically to the supplies, works or services which will be the subject of the contract to be awarded;

   (b) indicate that the contract will be awarded by restricted or negotiated procedure without further publication of a notice of a call for competition and invite interested economic operators to express their interest in writing; and
   (c) have been published in accordance with Annex XIX not more than 12 months prior to the date on which the invitation referred to in Article 47 (3) is sent.
   1. Moreover, the contracting entity shall meet the deadlines laid down in Article 45 .

Article 43

Contract award notices

Contracting entities which have awarded a contract shall communicate to the Commission, within two months of the award of the contract and under conditions to be laid down by the Commission in accordance with the procedure referred to in Article 68 (2), the results of the award procedure by means of a notice drawn up in accordance with Annex XV.

2.   The information supplied in accordance with Annex XV and intended for publication shall be published in accordance with Annex XIX. In this connection, the Commission shall respect any sensitive commercial aspects which the contracting entities may point out when forwarding this information, concerning the number of tenders received, the identity of economic operators, or prices.

3.   Where contracting entities award a research-and-development ("R&D") service contract by way of a procedure without a call for competition in accordance with point (b) of Article 40 (3), they may limit the information to be provided in accordance with Annex XV concerning the nature and quantity of the services provided, to the reference "research and development services".

4.   contracting entities award an R&D contract which cannot be awarded by way of a procedure without a call for competition in accordance with point (b) of Article 40 (3), they may, on grounds of commercial confidentiality, limit the information to be provided in accordance with Annex XV concerning the nature and quantity of the services supplied .

In such cases, contracting entities shall ensure that any information published under this point is no less detailed than that contained in the notice of the call for competition published in accordance with Article 42 (1).

If they use a qualification system, contracting entities shall ensure in such cases that such information is no less detailed than the category referred to in the list of qualified service providers drawn up in accordance with Article 54 (4).

In the case of contracts awarded for services listed in Annex XVI B, the contracting entities shall indicate in the notice whether they agree to publication.

5.   Information provided in accordance with Annex XV and marked as not being intended for publication shall be published only in simplified form and in accordance with Annex XIX for statistical purposes.

1.   Article 44

Form and manner of publication of notices

The notices referred to in Articles 41, 42 and 43 shall be published in accordance with Annex XIX.

2.   They shall be drawn up in accordance with the standardised model notices adopted by the Commission in accordance with the procedure set out in Article 68 (2) and shall contain at least the information specified in Annexes XII, XIII, XIV and XV.

The text in the original language alone shall be authentic.

Notices drawn up and transmitted by electronic means in accordance with Annex XIX shall be published not later than five days after they are sent, in accordance with the technical specifications for publication given in Annex XIX.

3.   Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex XIX shall be published not later than 12 days after they are sent.

In exceptional cases, the notices referred to in point (c) of Article 42 (1) shall be published within five days in response to a request by the contracting entity, provided that the notice has been sent by fax or electronic means.

Notices and their contents shall not be made public before the date on which they are sent for publication in accordance with Annex XIX. Such publication shall not contain information other than information contained in the notices sent in accordance with Annex XIX.

4.   The costs of publishing notices in accordance with Annex XIX shall be borne by  the Community.

5.   Contracting entities may publish in accordance with Annex XIX contract notices which are not subject to the publication requirement laid down in this Section.

6.   Contracting entities shall be able to prove the date of dispatch of notices.

1.   Section 2

Time-limits

Article 45

Requests to participate and receipt of tenders

All time-limits for the receipt of tenders and requests to participate fixed by the contracting entities shall be sufficiently long to give the candidates reasonable time to draw up and submit their tenders. When fixing these time-limits, entities shall take particular account of the complexity of the contract and the time required for drawing up tenders.

2.   In the case of open procedures, the minimum time-limit for receipt of tenders shall be 52 days from the date on which the contract notice was sent.

3.   In restricted procedures and in negotiated procedures with a prior call for competition, the following arrangements shall apply:

(a)  the time-limit for the receipt of requests to participate, in response to a notice published under point (c) of Article 42 (1), or in response to an invitation by the contracting entities under Article 47 (3), shall, as a general rule, be fixed at no less than 37 days from the date on which the notice or invitation was sent and may in no case be less than 22 days if the notice is sent for publication by means other than electronic means or fax, and at 15 days if the notice is sent by such means;

   (b) the time-limit for receipt of tenders may be set by mutual agreement between the contracting entity and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders;
   (c) where it is not possible to reach agreement on the time-limit for receipt of tenders, the contracting entity shall fix a time-limit which shall, as a general rule, be at least 24 days and which shall in no case be less than 10 days from the date of the invitation to tender.
   c) If the contracting entities have published a periodic indicative notice as referred to in Article 41 (1) in accordance with Annex XIX, the minimum time-limit for receipt of tenders in open procedures shall, as a general rule, not be less than 36 days, but shall in no case be less than 22 days from the date on which the notice was sent.

5.   shortened time-limits are permitted, provided that the periodic indicative notice has included all the information required by Annex XIV, where the notice was used as a means of calling for competition; and that it has been sent for publication between no less than 52 days and no more than 12 months before the date on which the contract notice referred to in point (c) of Article 42 (1) was sent in accordance with Annex XIX.

Where notices are drawn up and transmitted by electronic means in accordance with Annex XIX, the time-limits for receipt of requests to participate in restricted and negotiated procedures, and for receipt of tenders in open procedures, may be shortened by seven days.

6.   Except in the case of a time-limit set by mutual agreement in accordance with point (b) of paragraph 3, time-limits for receipt of tenders in open, restricted and negotiated procedures may be further reduced by five days where the contracting entity offers free direct access to the entire contract documents and any supporting documents by electronic means as from the date on which the notice used as a means of calling for competition is sent, in accordance with Annex XIX.

7.   In open procedures, the cumulative effect of the reductions provided for in paragraphs 4, 5 and 6 may in no case result in a time-limit for receipt of tenders of less than 15 days from the date on which the contract notice was sent.

8.   However, if the contract notice is not sent by fax or electronic means, the cumulative effect of the reductions provided for in paragraphs 4, 5 and 6 may in no case result in a time-limit for receipt of tenders in an open procedure of less than 22 days from the date on which the contract notice was sent.

The cumulative effect of the reductions provided for in paragraphs 4, 5 and 6 may in no case result in a time-limit for receipt of requests to participate, in response to a notice published under point (c) of Article 42 (1), or in response to an invitation by the contracting entities under Article 47 (3), of less than 15 days from the date on which the contract notice or invitation was sent.

9.   In restricted and negotiated procedures, the cumulative effect of the reductions provided for in paragraphs 4, 5 and 6 may in no case, except that of a time-limit set by mutual agreement in accordance with point (b) of paragraph 3, result in a time-limit for the receipt of tenders of less than 10 days from the date of the invitation to tender.

If, for whatever reason, the contract documents and the supporting documents or additional information, although requested in good time, have not been supplied within the time-limits set in Article 46 , or where tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the contract documents, the time-limits for receipt of tenders shall be extended accordingly, except in the case of a time-limit set by mutual agreement in accordance with point (b) of paragraph 3, in such a way that the time-limits shall not apply until all the economic operators concerned have taken note of all the information needed for the preparation of a tender.

10.   A summary table of the time-limits laid down in this Article is given in Annex XXI.

1.   Article 46

Set of specifications and additional information

Where contracting entities do not give free and direct access to the specifications, in their entirety, and to any supporting documents, by electronic means in accordance with Annex XIX, and where, in restricted or negotiated procedures involving a call for competition, the invitation to tender is not accompanied by such documents, the specifications and supporting documents shall be sent to economic operators within six days of receipt of the request, provided that the request was made in good time before the deadline for submission of bids.

2.   Provided that it has been requested in good time, additional information relating to the specifications shall be supplied by the contracting entities not later than six days before the final date fixed for receipt of tenders.

1.   Article 47

Mode of transmission of requests to participate and rules governing invitations to tender

Requests to participate in procurement procedures may be made by electronic means, by letter or by fax.

2.   If they are made by fax, the contracting entities may require that they be confirmed by letter or by electronic means before the end of the period laid down in Article 45 .

Contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders. The invitation to these candidates shall indicate how they may access the set of specifications and supporting documents made directly available by electronic means in accordance with Annex XIX. If such access is not provided, the invitation shall be accompanied by one copy of the specifications and supporting documents.

2.   In addition, the invitation shall include at least the following:

(a) where appropriate, the time-limit for requesting additional documents, as well as the amount and terms of payment of any sum to be paid for such documents;

   (b) the final date for receipt of tenders, the address to which they shall be sent, and the language or languages in which they shall be drawn up;
   (c) a reference to any published contract notice;
   (d) an indication of any documents to be attached;
   (e) the criteria for the award of the contract, and their relative weighting where this is not indicated in the contract notice;
   (f) any other specific condition for taking part in the tendering procedure that does not unduly discriminate between tenderers .
   3. When a call for competition is made by means of a periodic indicative notice, contracting entities shall subsequently invite all candidates to confirm their interest on the basis of detailed information on the contract concerned before beginning the selection of tenderers or participants in negotiations.

3.   This invitation shall include at least the following information:

(a) nature and quantity, including all options concerning complementary contracts and, if possible, the estimated time available for exercising these options; for renewable contracts, the nature and quantity and, if possible, the estimated publication dates of future notices of competition for works, supplies or services to be put out to tender;

   (b) type of procedure: restricted or negotiated;
   (c) where appropriate, the date on which the delivery of supplies or the execution of works or services is to commence or terminate;
   (d) the address and closing date for the submission of requests for tender documents and the language or languages in which they are to be drawn up;
   (e) the address of the entity which is to award the contract and supply the information necessary for obtaining the specifications and other documents;
   (f) economic and technical conditions, financial guarantees and information required from economic operators;
   (g) the amount and payment procedures for any sum payable for obtaining the documentation on the procurement procedure;
   (h) form of the contract which is the subject of the invitation to tender: purchase, lease, hire or hire-purchase, or any combination of these; and
   (i) the award criteria and their weighting where this is not indicated in the indicative notice.
   1. Section 3

Communication and information

Article 48

Means of communication

All communication and information exchange mentioned in this Part may be performed by letter, fax or electronic means .

2.   Directives 1999 /93/EC and 2000/31/EC shall apply to the transmission of information by electronic means.

A tender may be submitted by electronic means only if an advanced electronic signature within the meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used.

Communication and information exchange and the storage, holding and processing of information shall be carried out in such a way as to ensure:

(a)  that the integrity of data and the confidentiality of tenders and of all information supplied by economic operators are preserved;

   (b) that the contracting entities only examine the content of tenders after the time-limit set for submitting these has expired.
   3. In the case of tenders transmitted by electronic means, tenderers shall undertake that all documents, certificates and declarations that may be required under Articles 53 (2), 54 and 55 will be submitted at the latest on the day before tenders are opened.

4.   Whatever means is chosen for the transmission of tenders, it shall not have the effect of hampering the proper functioning of the internal market.

5.    Contracting entities shall provide to tenderers on request a certificate from an accredited third party certifying that they have in place adequate measures to safeguard the confidentiality of tenderers' information during transmission and after receipt.

1.   Article 49

Information to applicants for qualification, candidates and tenderers

Contracting entities shall, as soon as possible, inform the economic operators involved of decisions reached concerning the award of the contract, and shall do so in writing if requested.

2.   Contracting entities shall, as soon as possible after receipt of a written request, inform any unsuccessful candidate or tenderer of the reasons for the rejection of his application or his tender, and shall inform any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected, as well as the name of the successful tenderer.

3.   However, contracting entities may decide that certain information on the contract award, referred to in the first subparagraph, is to be withheld where release of such information would impede the application of the law or would otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of public or private economic operators, including those of the economic operator to whom the contract has been awarded, or might prejudice fair competition between economic operators.

Contracting entities who establish and operate a system of qualification shall inform applicants of their decision as to qualification within a maximum period of two months .

4.   If the decision will take longer than six months from the presentation of an application, the contracting entity shall inform the applicant, within two months of the application, of the reasons justifying the longer period and of the date by which his application will be accepted or refused.

Applicants whose qualification is refused shall be informed of this decision and the reasons for refusal within two months. The reasons must be based on the criteria for qualification referred to in Article 54 (2).

5.   Contracting entities who establish and operate a system of qualification may bring the qualification of an economic operator to an end only for reasons based on the criteria referred to in Article 54 (2). The intention to bring qualification to an end must be notified in writing to the economic operator beforehand, together with the reason or reasons justifying the proposed action.

1.   Article 50

Information to be stored concerning awards

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 economic operators and award of contracts;

   (b) the use of procedures without a prior call for competition by virtue of Article 40 (3);
   (c) the non-application of Chapters III to VI of this Title by virtue of the derogations provided for in Chapter II of Title I and in Chapter II of this Title.
   2. The information shall be kept for at least six 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 the latter so requests.

1.   Article 51

Review procedures

The Member States shall take the measures necessary to ensure that decisions taken by the contracting entity may be reviewed effectively and, in particular, as rapidly as possible in accordance with Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (27) .

Member States shall ensure that adequate procedures are available to workers and their representatives for the enforcement of obligations under the present Directive.

Chapter VII

Conduct of the procedure

Article 52

General

Contracts shall be awarded on the basis of the award criteria laid down in Section 2, taking into account Article 37 concerning variants, after the tenderers or candidates have provided proof of compliance with their obligations according to Article 39(2) and after the suitability of the economic operators has been verified on the basis of the rules and criteria established in accordance with Article 55 , taking into account Article 53 concerning mutual recognition.

2.   When a call for competition is made by means of a notice on the existence of a qualification system provided for in Section 1, the specific contracts which are the subject of the call for competition shall be awarded on the basis of the award criteria laid down in Section 2, taking into account Article 37 concerning variants, after verification, on the basis of the rules and criteria established in accordance with Article 55 , of the suitability of qualified economic operators in accordance with the provisions set out in Article 54 on qualification systems, taking into account Article 53 concerning mutual recognition.

1.   Section 1

Qualification and qualitative selection

Article 53

Mutual recognition concerning administrative, technical or financial conditions, and certificates, tests and evidence

When choosing participants for a restricted or negotiated procedure, contracting entities shall not, when taking their decision on qualification or when updating the criteria and rules for qualification:

(a)  impose administrative, technical or financial conditions on certain economic operators which would not have been imposed on others;

   (b) require tests or evidence, which would duplicate objective evidence already available.
   2. Where contracting entities request production of certificates produced by independent bodies, certifying that the economic operator satisfies certain quality guarantee standards, they shall refer to quality assurance systems based on the series of European standards on the subject and certified by bodies meeting European standards of certification.

1.   Contracting entities shall recognise certificates of bodies established in other Member States. They shall also accept other evidence of equivalent quality guarantees produced by economic operators, where the latter do not have access to these certificates or have no opportunity of producing them within the prescribed period.

Article 54

Qualification systems

Contracting entities which so wish may establish and operate a system of qualification of economic operators.

2.   Entities which establish or operate a system of qualification shall ensure that economic operators are at all times able to request qualification.

The system under paragraph 1 may involve different qualification stages.

3.   It shall be operated on the basis of objective criteria and rules to be established by the contracting entity.

Where those criteria and rules include technical specifications, the provisions of Article 35 shall apply. The criteria and rules may be updated as required.

Those criteria and rules shall include the exclusion criteria listed in Article 53 of Directive.../../EC [on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts].

The criteria and rules for qualification referred to in paragraph 2 shall be made available to economic operators on request. The updating of these criteria and rules shall be communicated to the interested economic operators.

4.   a contracting entity considers that the qualification system of certain other entities or bodies meets its requirements, it shall communicate to interested economic operators the names of such other entities or bodies.

A written record of qualified economic operators shall be kept; it may be divided into categories according to the type of contract for which the qualification is valid.

5.   When a call for competition is made by means of a notice on the existence of a qualification system, tenderers in a restricted procedure or participants in a negotiated procedure shall be selected from the qualified candidates in accordance with such a system.

1.   Article 55

Criteria for qualitative selection

Contracting entities which establish selection criteria in an open procedure shall do so in accordance with objective rules and criteria which are available to economic operators.

2.   Contracting entities which select candidates for restricted or negotiated procedures shall do so according to objective criteria and rules which they have laid down and which are available to interested economic operators.

3.   In restricted or negotiated procedures, the criteria may be based on the objective need of the contracting entity to reduce the number of candidates to a level which is justified by the need to balance the particular characteristics of the procurement procedure with the resources required to conduct it. The number of candidates selected shall, however, take account of the need to ensure adequate competition.

4.    If other, sectoral Community rules contain provisions which conflict with paragraph 1, those provisions shall apply.

5 .   The exclusion criteria listed in Article 53 of Directive ..../../EC [on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts] shall apply.

6.    Any economic operator may be excluded from participation in the contract who:

(a)   is bankrupt or is being wound up, whose affairs are being administered by the court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations;

   (b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for composition with creditors or of any other similar proceedings under national laws and regulations;
   (c) has been convicted by definitive judgment of an environmental offence during the preceding five years;
   (d) has been convicted by a judgment of any offence concerning his professional conduct;
   (e) has been guilty of grave professional misconduct proven by any means which the contracting entities can demonstrate;
   (f) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting entity;
   (g) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of countries concerned;
   (h) is guilty of serious misrepresentation in supplying the information required under this Section;
   (i) has been convicted by a judgment of fraud or any other illegal activity within the meaning of Article 280 of the Treaty, other than those within point (c) of paragraph 1 of this Article.
   7. Where a Member State has a system of official lists of approved economic operators as provided for in Article 60 of Directive.../../EC [on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts], that system shall operate with respect to contracting entities as it does for contracting authorities.

8.    The criteria and rules established and applied under the provisions of this Article shall not prejudice any conditions concerning the promotion of social and employment policy objectives required in accordance with the third paragraph of Article 34.

1.   Article 56

Environmental management standards

Should contracting entities require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain environmental management standards, they shall refer to the Community Eco-Management and Audit Scheme (EMAS) or to environmental management standards based on the relevant European or international standards certified by bodies conforming to Community law or the relevant European or international standards concerning certification. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from economic operators who have no access to such certificates or no possibility of obtaining them within the relevant time-limits.

Section 2

Awards

Article 57

Contract award criteria

Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which the contracting entities shall base the award of contracts shall be:

(a)  where the contract is awarded on the basis of the most economically advantageous tender, various criteria linked to the subject-matter of the contract in question, such as delivery or completion date, running costs, cost-effectiveness, quality, aesthetic and functional characteristics, environmental characteristics, including those relating to production methods, technical merit, after-sales service and technical assistance, commitments with regard to spare parts, security of supply, price, the tenderer's equal treatment policy; or

   (b) the lowest price only.
   2. In the case referred to in point (a) of paragraph 1, the contracting entity shall specify the selection criteria in order of importance in the contract documents or contract notice.

1.   Article 58

Abnormally low tenders

If, for a given contract, tenders appear abnormally low in relation to the supply, service or works to be provided, the contracting entity shall, before it may reject those tenders, request in writing an explanation of the constituent elements of the tender which it considers relevant and, after hearing the interested party, shall verify those constituent elements, taking account of the explanations received. It may set a reasonable period within which to reply.

The contracting entity shall take into consideration explanations which are justified on objective grounds relating to the economics 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 been unable to show, within a reasonable period set by the contracting entity, that the aid in question has been notified to the Commission pursuant to Article 88(3) of the Treaty and has received the Commission's approval. Contracting entities which reject a tender in those circumstances shall inform the Commission that they have done so.

Section 3

Tenders comprising products originating in third countries and relations with those countries

Article 59

Tenders comprising products originating in third countries

This Article shall apply to tenders covering products originating in third countries with which the Community has not concluded, whether 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 2913/92 of 12 October 1992 establishing the Community Customs Code (28) , exceeds 50% of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products.

3.   Subject to the second subparagraph, where two or more tenders are equivalent in the light of the award criteria defined in Article 57 , preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those 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 the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs.

For the purposes of this Article, 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 for determining the proportion, referred to in paragraph 2, of products originating in third countries.

5.   The Commission shall submit an annual report to the Council, commencing in the second half of the first year following the entry into force of this Directive, 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.

1.   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 60

Relations with third countries as regards service contracts

Member States shall inform the Commission of any general difficulties encountered, in law or in fact, by their undertakings in securing the award of service contracts in third countries.

2.   The Commission shall report to the Council before 31 December ..., and periodically thereafter, on the opening-up of service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO.

3.   The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of public contracts, a third country:

(a)  does not grant Community undertakings effective access comparable to that granted by the Community to undertakings from that country; or

   (b) does not grant Community undertakings national treatment or the same competitive opportunities as are available to national undertakings; or
   (c) grants undertakings from other third countries more favourable treatment than Community undertakings; or
   (d) does not comply with the international labour standards referred to in Annex XXII.
   4. In the circumstances referred to in paragraph 3, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to:

(a)   undertakings governed by the law of the third country in question;

   (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Community but having no direct and effective link with the economy of a Member State;
   (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question.
   5. The Council shall act, by qualified majority, as soon as possible.

The Commission may propose these measures on its own initiative or at the request of a Member State.

This Article shall be without prejudice to the obligations of the Community in relation to third countries.

1.   III

Specific rules applicable to design contests

Article 61

General

The rules for the organisation of a design contest shall be in conformity with paragraph 2 of this Article and with Articles 62, 64, 65 and 66 and shall be made available to those interested in participating in the contest.

2.   The admission of participants to design contests shall not be limited:

(  a ) by reference to the territory or part of the territory of a Member State;

   (b) on the grounds that, under the law of the Member State in which the contest is organised, they would have been required to be either natural or legal persons.
   1. Article 62

Thresholds

This Title shall apply to design contests organised as part of a procuremenet procedure for services whose estimated value, net of VAT, is equal to or greater than EUR 400 000.

2.   This Title shall apply to all design contests where the total amount of contest prizes and payments to participants is equal to or greater than EUR 400 000.

1.   Article 63

Excluded design contests

This Directive shall not apply to design contests which the contracting entities organise for purposes other than the pursuit of their activities as described in Articles 3 to 6 or for the pursuit of such activities in a third country, in conditions not involving the physical use of a network or geographical area within the Community.

2.   Contracting entities shall notify the Commission at its request of any activities which they regard as excluded under paragraph 1. The Commission may, for information purposes, periodically publish lists of the categories of activities which it considers to be covered by this exclusion, in the Official Journal of the European Communities. In so doing, the Commission shall respect any sensitive commercial aspects the contracting entities may point out when forwarding this information.

3.   This Directive shall not apply to contests governed by different procedural rules and organised:

(a)  pursuant to an international agreement concluded in accordance with the Treaty between a Member State and one or more third countries and covering supplies, works, services or design contests intended for the joint implementation or exploitation of a project by the signatory States; every agreement shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts;

   (b) pursuant to an international agreement relating to the stationing of troops and involving undertakings in a Member State or a third country;
   (c) pursuant to the particular procedure of an international organisation.
   4. This Directive shall not apply to design contests organised for the pursuit, in the Member State concerned, of an activity in respect of which a decision establishing the applicability of Article 30 (1) has been taken or concerning which that Article is deemed to be applicable in accordance with paragraph 5 thereof.

1.   Article 64

Rules on advertising and transparency

The call for competition shall be made by means of a notice drawn up in accordance with the standard form adopted by the Commission in accordance with the procedure in Article 68 (2).

2.   This notice shall contain at least the information indicated in Annex XVII and shall be published in accordance with Annex XIX.

Only the text in the original language shall be authentic.

Contracting entities which have organised a design contest shall communicate the results to the Commission, within two months of the closure of the design contest and under conditions to be laid down by the Commission in accordance with the procedure referred to in Article 68 (2), by means of a notice.

3.   This notice shall be drawn up in accordance with the standard form adopted by the Commission in accordance with the procedure in Article 68 (2) and shall contain at least the information indicated in Annex XVIII.

The information supplied in accordance with Annex XVIII shall be published in accordance with Annex XIX. Contracting entities shall not, however, be obliged to publish sensitive commercial information.

4.   Notices drawn up and transmitted by electronic means in accordance with Annex XIX shall be published not later than five days after they are sent, in accordance with the technical specifications for publication given in Annex XIX.

5.   Notices which are not transmitted by electronic means in accordance with the technical specifications for publication given in Annex XIX shall be published not later than 12 days after they are sent.

The notices and their contents shall not be made public before the date on which they are sent for publication in accordance with Annex XIX. Such publication shall not contain information other than that contained in the notices sent in accordance with Annex XIX.

6.   The costs of publishing notices in accordance with Annex XIX shall be borne by the Community.

1.   Article 65

Means of communication

All communications and exchanges of information mentioned in this Directive may be effected by letter, by fax or by electronic means .

2.   Directives 1999/93/EC and 2000/31/EC shall apply to the transmission of information by electronic means.

A tender may be submitted by electronic means only if an advanced electronic signature within the meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used.

This communication and information exchange and the storage, holding and processing of information must be carried out in such a way as to ensure:

(a)  that the integrity and confidentiality of all information supplied by service providers are preserved;

   (b) that the contracting authorities may only examine the content of plans and projects after the time-limit set for submitting these has expired.
   3. If plans and projects are submitted by electronic means, participants in design contests shall undertake to submit any documents, certificates, attestations and declarations required by the contracting entities by any appropriate means not later than the day before the plans and projects are examined by the jury.

4.   Whichever means is chosen for the submission of plans and projects, it shall not have the effect of giving rise to discrimination against economic operators.

1.   Article 66

Organisation of design contests, selection of participants and the jury

When organising design contests, contracting entities shall apply procedures which are adapted to the provisions of this Directive.

2.   Where design contests are restricted to a limited number of participants, contracting authorities shall lay down clear and non-discriminatory selection criteria. In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.

3.   The jury shall be composed exclusively of natural persons who are independent of participants in the contest.

1.   a particular professional qualification is required from participants in a contest, at least a third of its members shall have the same qualification or its equivalent.

The jury shall be autonomous in its decisions or opinions. These shall be reached on the basis of projects submitted anonymously, and solely on the basis of the criteria set out in the notice provided for in Annex XVII.

TITLE IV

Statistical obligations, implementing powers and final provisions

Article 67

Statistical obligations

Member States shall ensure, in accordance with the arrangements to be laid down under the procedure provided for in Article 68 (2), that the Commission receives every year a statistical report concerning the total value, broken down by Member State and by category of activity to which Annexes I to IX refer, of the contracts awarded below the thresholds set out in Article 16 but which would be covered by this Directive were it not for those thresholds.

2.   As regards the categories of activity to which Annexes I, II, VII, VIII and IX refer, Member States shall ensure that the Commission receives a statistical report on contracts awarded no later than 31 October […..] for the previous year, and before 31 October of each year, in accordance with arrangements to be laid down under the procedure referred to in Article 68 (2). The statistical report shall contain the information required to verify the proper application of the Agreement.

3.   The information required under the first subparagraph shall not include information concerning contracts for the services listed in category 8 of Annex XVI A, for telecommunications services listed in category 5 whose CPV positions are equivalent to the CPC reference numbers of which are 7524, 7525 and 7526, or for the services listed in Annex XVI B.

The arrangements under paragraphs 1 and 2 shall be fixed in such a way as 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 jeopardised;

   (b) the confidential nature of the information provided is respected.
   1. Article 68

Advisory Committee

The Commission shall be assisted by the Advisory Committee for Public Contracts instituted by Article 1 of Council Decision 71/306/EEC(29) .

2.   Where reference is made to this paragraph, the advisory procedure in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

1.   Article 69

Revision of thresholds

The Commission shall revise, in accordance with the procedure laid down in Article 68 (2), the thresholds established in Article 16 , every two years from 1 January 2000, where such revision is necessary in order to ensure compliance with the thresholds in force as laid down by the Agreement on Government Procurement concluded within the World Trade Organisation, which are expressed as Special Drawing Rights (SDR).

2.   The calculation of the value of these thresholds shall be based on the average daily value of the euro, expressed in SDR, over the 24 months terminating on the last day of August preceding the revision with effect from 1 January. The value of the thresholds thus revised shall, where necessary, be rounded down to the nearest ten thousand euro.

At the same time as performing the revision under paragraph 1, the Commission shall, in accordance with the procedure under Article 68 (2), align the thresholds laid down in Article 62 (design contests) on the revised threshold applicable to service contracts.

3.   The values of the thresholds laid down in accordance with paragraph 1 in the national currencies of Member States not participating in Monetary Union shall, in principle, be revised every two years from 1 January 2002. The calculation of such values shall be based on the average daily values of those currencies, expressed in euro, over the 24 months terminating on the last day of August preceding the revision with effect from 1 January.

Where appropriate, the Commission shall also revise the calculation methods set out in paragraph 1 and the first subparagraph of paragraph 2.

The revised thresholds referred to in paragraph 1, their values in national currencies and the aligned thresholds shall be published by the Commission in the Official Journal of the European Communities at the beginning of the month of November following their revision.

1.   Article 70

Rules on revision and adaptation

The Commission may amend, in accordance with the procedure referred to in Article 68 (2):

(a)  the list of contracting entities in Annexes I to IX so that they fulfil the criteria set out in Articles 2 to 6;

   (b) the conditions for the presentation, dispatch, receipt, translation, safekeeping and distribution of the notices referred to in Articles 41 , 42 , 43 and 64 ;
   (c) the nomenclature set out in Annexes XVI A and XVI B, in so far as this does not change the scope of the Directive, and the reference in the notices to particular headings in the nomenclature;
   (d) the nomenclature set out in Annex XI, in so far as this does not change the scope of the Directive;
   (e) Annexes X and XIX.
   2. Decisions taken under paragraph 1 shall be published in the Official Journal of the European Communities.

2.   Article 71

Implementation of the Directive

Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 30 June 2002 at the latest. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 72

Repeal

Directive 93/38/EEC is hereby repealed, without prejudice to the obligations of the Member States concerning the time-limits for transposition into national law set out in Annex XXIII .

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XXIV .

Article 73

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 74

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX I

CONTRACTING ENTITIES IN THE SECTORS OF PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

BELGIUM

Entity set up pursuant to the Décret de la région wallonne érigeant en entreprise régionale de production et d'adduction d'eau le service du ministère de la région chargé de la production et du grand transport d'eau of 2 July 1987.

Entity set up pursuant to the Arrêté portant constitution d'une société wallonne de distribution d'eau of 23 April 1986.

Entity set up pursuant to the Arrêté de l'exécutif flamand portant fixation des statuts de la société flamande de distribution d'eau of 17 July 1985.

Entities producing or distributing water and set up pursuant to the Loi relative aux intercommunales of 22 December 1986.

Entities producing or distributing water and set up pursuant to the Code communal, article 147 bis, ter et quater sur les régies communales.

DENMARK

Entities producing or distributing water referred to in Article 3(3) of the lovbekendtgørelse om vandforsyning m.v. of 4 July 1985.

GERMANY

Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen or Eigenbetriebsgesetze of the Länder (Kommunale Eigenbetriebe).

Entities producing or distributing water pursuant to the Gesetze über die Kommunale Gemeinschaftsarbeit oder Zusammenarbeit of the Länder.

Entities producing water pursuant to the Gesetz ueber Wasser- und Bodenverbaende of 10 February 1937 and the erste Verordnung ueber Wasser - und Bodenverbaende of 3 September 1937.

(Regiebetriebe) producing or distributing water pursuant to the Kommunalgesetze, and in particular the Gemeindeordnungen der Länder.

Entities set up pursuant to the Aktiengesetz of 6 September 1965, as last amended on 19 December 1985, or the GmbH-Gesetz of 20 May 1898, as last amended on 15 May 1986, or having the legal status of a Kommanditgesellschaft, producing or distributing water on the basis of a special contract with regional or local authorities.

GREECE

The Water Company of Athens (Etaireia Ydrefseos - Apochetefseos Protenoysis) set up pursuant to Law 1068/80 of 23 August 1980.

The Water Company of Thessaloniki (Organismos Ydrefseos Thessalonikis) operating pursuant to Presidential Decree 61/1988.

The Water Company of Volos (Etaireia Ydrefseos Voloy) operating pursuant to Law 890/1979.

Municipal companies (Dimotikes Epicheiriseis ydrefsis-apochetefsis) producing or distributing water and set up pursuant to Law 1069/80 of 23 August 1980.

Associations of local authorities (Syndesmoi ydrefsis) operating pursuant to the Code of local authorities (Kodikas Dimon kai Koinotiton) implemented by Presidential Decree 76/1985.

SPAIN

Entities producing or distributing water pursuant to Ley no 7/1985 de 2 de abril de 1985. Reguladora de las Bases del Régimen local and to Decreto Real no 781/1986 Texto Refundido Régimen local.

Canal de Isabel II. Ley de la Comunidad Autónoma de Madrid de 20 de diciembre de 1984.

   - Mancomunidad de los Canales de Taibilla, Ley de 27 de abril de 1946.
   A. FRANCE

Entities producing or distributing water pursuant to the:

dispositions générales sur les régies, code des communes L 323-1 à L 328-8, R 323-1 à R 323-6 (dispositions générales sur les régies), or

code des communes L 323-8, R 323-4 [régies directes (ou de fait)], or

décret-loi du 28 décembre 1926, règlement d'administration publique du 17 février 1930, code des communes L 323 -10 à L 323 -13, R 323 -75 à 323 -132 (régies à simple autonomie financière), or

code des communes L 323 -9, R 323 -7 à R 323 -74, décret du 19 octobre 1959 (régies à personnalité morale et à autonomie financière), or

code des communes L 324 -1 à L 324 -6, R 324 -1 à R 324 -13 (gestion déléguée, concession et affermage), or

jurisprudence administrative, circulaire intérieure(gérance), or

code des communes R 324-6, circulaire intérieure (régie intéressée), or

circulaire intérieure du 13 décembre 1975 (exploitation aux risques et périls), or

décret du 20 mai 1955, loi du 7 juillet 1983 sur les sociétés d'économie mixte (participation à une société d'économie mixte), or

code des communes L 322-1 à L 322-6, R 322-1 à R 322-4 (dispositions communes aux régies, concessions et affermages).

IRELAND

Entities producing or distributing water pursuant to the Local Government (Sanitary Services) Act 1878 to 1964.

ITALY

Entities producing or distributing water pursuant to the Consolidated Text of the Leggi sull'assunzione diretta dei pubblici servizi da parte dei comuni e delle province approvato con Regio Decreto n. 2578 of 15 October 1925 and Decreto del P.R. n. 902 of 4 October 1986.

Ente Autonomo Acquedotto Pugliese, set up pursuant to RDL n. 2060 of 19 October 1919.

Ente Acquedotti Siciliani, set up pursuant to Leggi regionali n. 2/2 of 4 September 1979 and n. 81 of 9 August 1980.

Ente Sardo Acquedotti e Fognature, set up pursuant to Legge n. 9 of 5 June 1963.

LUXEMBOURG

Local authorities distributing water.

Associations of local authorities producing or distributing water, set up pursuant to the loi du 14 février 1900 concernant la création des syndicats de communes telle qu'elle a été modifiée et complétée par la loi du 23 décembre 1958 et par la loi du 29 juillet 1981, and pursuant to the loi du 31 juillet 1962 ayant pour objet le renforcement de l'alimentation en eau potable du Grand-Duché de Luxembourg à partir du réservoir d'Esch-sur-Sûre.

NETHERLANDS

Entities producing or distributing water pursuant to the Waterleidingwet of 6 April 1957, as amended by the Laws of 30 June 1967, 10 September 1975, 23 June 1976, 30 September 1981, 25 January 1984 and 29 January 1986.

AUSTRIA

Entities of local authorities (Gemeinden ) and associations of local authorities (Gemeindeverbände ) producing, transporting or distributing drinking water pursuant to the Wasserversorgungsgesetze of the nine Länder .

PORTUGAL

Empresa Pública das Águas Livres producing or distributing water pursuant to the Decreto-Lei no 190/81 of 4 July 1981.

Local authorities producing or distributing water.

FINLAND

Entities producing, transporting or distributing drinking water pursuant to Article 1 of Laki yleisistä vesi- ja viemärilaitoksista (982/77) of 23 December 1977.

SWEDEN

Local authorities and municipal companies producing, transporting or distributing drinking water pursuant to lagen (1970:244) om allmänna vatten- och avloppsanläggningar .

UNITED KINGDOM

Water companies producing or distributing water pursuant to the Water Acts 1945 and 1989.

The Central Scotland Water Development Board, producing or distributing water, and the Water Authorities, producing or distributing water pursuant to the Water (Scotland) Act 1980.

The Department of the Environment for Northern Ireland responsible for producing and dist