Directive 1993/36 - Council Directive 93/36/EEC coordinating procedures for the award of public supply contracts - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1993/36
Original proposal	COM(1992)346
CELEX number i	31993L0036

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Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts

Official Journal L 199 , 09/08/1993 P. 0001 - 0053

Finnish special edition: Chapter 6 Volume 4 P. 0126

Swedish special edition: Chapter 6 Volume 4 P. 0126

COUNCIL DIRECTIVE 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission(1) ,

In cooperation with the European Parliament(2) ,

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

Whereas Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts(4) has been amended on a number of occasions; whereas, on the occasion of further amendments, the said Directive should, for reasons of clarity be recast;

Whereas it seems important in particular to align the drafting of the present Directive, as far as possible, on the provisions on public procurement as contained in Council Directive 93/37/EEC concerning the coordination of procedures for the award of public works contracts(5) and Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures on the award of public service contracts(6) ;

Whereas the alignments to be introduced relate, in particular, to the introduction of the functional definition of contracting authorities, the option of recourse to the open or restricted procedure, the requirement to justify the refusal of candidates or tenderers, the rules for drawing up reports on the execution of the different award procedures, the conditions for referring to the common rules in the technical field, publication and participation, clarifications concerning award criteria and the introduction of the Advisory Committee procedure;

Whereas it is also necessary to introduce some drafting changes aimed at improving the clarity of existing provisions;

Whereas the attainment of freedom of movement of goods in respect of public supply contracts awarded in Member States on behalf of the State, or regional or local authorities or other bodies governed by public law entails not only the abolition of restrictions but also the coordination of national procedures for the award of public supply contracts;

Whereas such coordination should take into account as far as possible the procedures and administrative practices in force in each Member State;

Whereas the Community is a Party to the Agreement on government procurement(7) , hereinafter referred to as 'the GATT Agreement';

Whereas Annex I to this Directive sets out the lists of contracting authorities subject to the GATT Agreement; whereas it is necessary to update this Annex in accordance with amendments submitted by the Member States;

Whereas this Directive does not apply to certain supply contracts which are awarded in the water, energy, transport and telecommunication sectors covered by Directive 90/531/EEC(8) ;

Whereas, without prejudice to the application of the threshold set out for supply contracts subject to the GATT Agreement, supply contracts of less than ECU 200 000 may be exempted from competition as provided under this Directive and it is appropriate to provide for their exemption from coordination measures;

Whereas provision must be made for exceptional cases where measures concerning the coordination of procedures may not necessarily be applied, but whereas such cases must be expressly limited;

Whereas the negotiated procedure should be considered to be exceptional and therefore applicable only in limited cases;

Whereas it is necessary to provide common rules in the technical field which take account of the Community policy on standards and specifications;

Whereas, to ensure development of effective...

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