Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts
Modified by
Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
European Parliament and Council Directive 97/52/ECof 13 October 1997amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively, 31997L0052, November 28, 1997
Commission Directive 2001/78/ECof 13 September 2001amending Annex IV to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by Directive 98/4/EC(Directive on the use of standard forms in the publication of public contract notices)(Text with EEA relevance)Corrigendum to Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in the publication of standard contract notices)(Official Journal of the European Communities L 285 of 29 October 2001), 32001L007832001L0078R(01), October 29, 2001
Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
Directive 2004/18/EC of the European Parliament and of the Councilof 31 March 2004on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, 32004L0018, April 30, 2004
Corrected by
Corrigendum to Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in the publication of standard contract notices), 32001L0078R(01), August 9, 2002
Council Directive 93/36/EECof 14 June 1993coordinating procedures for the award of public supply contractsTHE 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 CommissionOJ No C 277, 26. 10. 1992, p. 1.,In cooperation with the European ParliamentOJ No C 72, 15. 3. 1993, p. 73 and Decision of 26. 5. 1993 (not yet published in the Official Journal).,Having regard of the opinion of the Economic and Social CommitteeOJ No C 332, 16. 12. 1992, p. 72.,Whereas Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contractsOJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50//EEC (OJ No L 209, 24. 7. 1992, p. 1). 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 contractsSee p. 54 of this Official Journal. and Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures on the award of public service contractsOJ No L 209, 24. 7. 1992, p. 1.;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 procurementOJ No L 71, 17. 3. 1980, p. 44 and OJ No L 345, 9. 12. 1987, p. 24., 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/EECOJ No L 297, 29. 10. 1990, p. 1.;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 200000 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 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; whereas the information contained in these notices must enable suppliers established in the Community to determine whether the proposed contracts are of interest to them; whereas, for this purpose, it is appropriate to give them adequate information about the goods to be supplied and the conditions attached to their supply; whereas, more particularly, in restricted procedures advertisement is intended to enable suppliers of Member States to express their interest in contracts by seeking from the contracting authorities invitations to tender under the required conditions;Whereas additional information concerning contracts must, as is customary in Member States, be given in the contract documents for each contract or else in an equivalent document;Whereas it is necessary to provide common rules for participation in public supply contracts, including both qualitative selection criteria and criteria for the award of the contracts;Whereas it would be appropriate to enable certain technical conditions concerning notices and statistical reports required by this Directive to be adapted in the light of changing technical requirements; whereas Annex II to this Directive refers to a nomenclature, whereas the Community may, as required, revise or replace its common nomenclature and whereas it is necessary to make provision for the possibility of adapting the reference made to the nomenclature accordingly;Whereas this Directive should not affect the obligations of the Member States concerning the deadlines for transposition into national law and for application indicated in Annex V,HAS ADOPTED THIS DIRECTIVE: