Avis juridique important

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31998L0082

Commission Directive 98/82/EC of 27 October 1998 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Official Journal L 290 , 29/10/1998 P. 0025 - 0054

COMMISSION DIRECTIVE 98/82/EC of 27 October 1998 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), as last amended by Commission Directive 97/71/EC (2), and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (3), as last amended by Directive 97/71/EC, and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels of pesticide residues in and on products of plant origin, including fruit and vegetables (4), as last amended by Directive 97/71/EC, and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (5), as last amended by Commission Directive 98/47/EC (6),Whereas Council Directives 93/57/EEC (7) and 93/58/EEC (8) amended the Annexes II to Directives 86/362/EEC and 86/363/EEC and 90/642/EEC to establish maximum residue levels for a first list of pesticides for cereals and products of animal origin and for products of plant origin, including fruit and vegetables, respectively; whereas, however, certain positions were left open where available data were insufficient to establish maximum levels and interested parties were given the opportunity to generate the missing data within a specified timetable; whereas, if maximum levels are not adopted by 31 October 1998 the appropriate lower limit of analytical determination will apply;Whereas, in accordance with the provisions of Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States; whereas such authorisations are required to be based on the evaluation of effects on human and animal health and influence on the environment; whereas elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops;Whereas, for cereals and products of plant origin, including fruit and vegetables, maximum residue levels reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in view of the protection of the environment and in terms of estimated dietary intake; whereas, for foodstuffs of animal origin, maximum residue levels reflect the consumption of cereals and products of plant origin treated with pesticides resulting in residues in animals and animal products, as well as taking into account the direct consequences of the use of veterinary medicines where appropriate;Whereas maximum residue levels are fixed at the lower limit of analytical determination where authorised uses of plant protection do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data;Whereas the lifetime exposure of consumers of food products treated with the pesticides covered by this Directive have been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation (9);Whereas the scientific approach and procedures for calculating acute reference doses (ARfDs) and estimating short-term acute dietary exposure have not yet been agreed at European Community level; whereas the Scientific Committee on Plants, considering that the scientific approach and procedures developed in the 1997 FAO/WHO consultation (10) is appropriate pending agreement at Community level, has calculated the maximum toxicologically acceptable residue levels for pome fruit, peaches, apricots and peppers (11) with regard to methamidophos; whereas on the basis of information on GAP and supervised field trials MRLs for methamidophos can be fixed at the levels indicated to be toxicologically acceptable for peaches and apricots; whereas in the absence of such information for pome fruit, in order to accommodate the residues of methamidophos arising from the use of acephate, the MRL for methamidophos should also be fixed at the toxicologically acceptable level; whereas Member States have to review, in particular for the abovementioned agricultural products, existing good agricultural practices to ensure that the established MRLs for acephate and methamidophos are satisfied;Whereas maximum residue levels for pesticides should be kept under review; whereas the levels may be changed to take account of new information and data and, in particular, should be urgently reconsidered with a view to reduction if concerns about dietary exposure of consumers, based on new or reviewed information, are brought to the attention of the Commission, in particular in implementation of Article 9 of Directive 86/362/EEC, Article 9 of Directive 86/363/EEC or Article 8 of Directive 90/642/EEC; whereas, in particular, the MRLs fixed for acephate, metamidophos and vinclozolin in this Directive should be urgently reviewed together with the MRLs for these pesticides fixed by Directives 93/57/EEC and 93/58/EEC based on the evaluation work on these active substances under the provisions of Article 8(2) of Directive 91/414/EEC;Whereas Community maximum residue levels and levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures; whereas however the information in the relevant evaluations of the FAO/WHO Joint Meeting on Pesticide Residues (JMPR) concerning the pesticides covered by this Directive have been presented in a way which over-summarises authorised uses/good agricultural practices and supervised residue trials and does not indicate a clear basis for the recommended maximum level; whereas authorisations of plant protection products in third countries may require the use of greater quantities of pesticides or shorter pre-harvest intervals than are authorised in the Community and consequently may require higher residue levels; whereas the Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered and discussed by the Standing Committee on Plant Health; whereas the possibility of fixing import tolerance maximum residue levels for specific pesticide/crop combinations will be examined by the European Community on the basis of the submission of acceptable data;Whereas the maximum residue levels established in this Directive will have to be reviewed in the framework of the re-evaluation of active substances provided for in the programme of work established in Article 8(2) of Directive 91/414/EEC;Whereas the opinion of the Scientific Committee on Plants, in particular concerning the protection of consumers of food products treated with pesticides, has been taken into account;Whereas this Directive is in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 In Annex II of Directive 86/362/EEC in the lists of maximum residue levels for chlorothalonil, chlorpyriphos, chlorpyriphos-methyl, cypermethrin, deltamethrin, fenvalerate, glyphosate, imazalil, iprodione, permethrin, 'the benomyl group` (benomyl, carbendazim, thiophanate-methyl), 'the maneb group` (maneb, mancozeb, metiram, propineb, zineb) and procymidon are replaced by the lists set out in Annex A to this Directive.Article 2 In Annex II of Directive 86/363/EEC the lists of maximum residue levels for chlorothalonil, chlorpyriphos, chlorpyriphos-methyl, cypermethrin, deltamethrin, fenvalerate, glyphosate, imazalil, iprodione, permethrin, 'the benomyl group` (benomyl, carbendazim, thiophanate-methyl), 'the maneb group` (maneb, mancozeb, metiram, propineb, zineb) and procymidon are replaced by the lists set out in Annex B to this Directive.Article 3 In Annex II of Directive 90/642/EEC the lists of maximum residue levels for chlorothalonil, chlorpyriphos, chlorpyriphos-methyl, cypermethrin, deltamethrin, fenvalerate, glyphosate, imazalil, iprodione, permethrin, 'the benomyl group` (benomyl, carbendazim, thiophanate-methyl), 'the maneb group` (maneb, mancozeb, metiram, propineb, zineb) and procymidon and the maximum levels specifically fixed for tea are replaced by the lists set out in Annex C to this Directive.Article 4 The maximum residue levels set out in Annex D to this Directive are fixed on a temporary basis for acephate, methamidophos and vinclozolin, in advance of the adoption for all agricultural products of reviewed maximum residue levels for these three pesticides on the basis of the evaluation works on these active substances under the provisions of Article 8(2) of Directive 91/414/EEC, and before 30 April 2001 at the latest, for acephate and methamidophos and before 31 December 1999 at the latest for vinclozolin.Article 5 1. This Directive will enter into force on 1 November 1998.2. Member States shall adopt and publish the legislative, regulatory or administrative measures to comply with this Directive by 30 April 1999. They shall immediately inform the Commission thereof.They shall apply these measures as from 1 August 1999.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 6 This Directive is addressed to the Member States.Done at Brussels, 27 October 1998.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 221, 7. 8. 1986, p. 37.(2) OJ L 347, 18. 12. 1997, p. 42.(3) OJ L 221, 7. 8. 1986, p. 43.(4) OJ L 350, 14. 12. 1990, p. 71.(5) OJ L 230, 10. 8. 1991, p. 1.(6) OJ L 191, 7. 7. 1998, p. 50.(7) OJ L 211, 23. 8. 1993, p. 1.(8) OJ L 211, 23. 8. 1993, p. 6.(9) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997.(10) Consultation on food consumption and intake assessment of chemicals, Geneva, Switzerland, 10 to 14 February 1997: Food Safety Unit, Programme of Food Safety and Food Aid, World Health Organisation 1997; WHO/FSF/FOS.97.5.(11) Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC: SCP/RESI/024 Final: 4 August 1998.ANNEX A >TABLE>>TABLE>ANNEX B >TABLE>>TABLE>ANNEX C >TABLE>>TABLE>>TABLE>ANNEX D >TABLE>>TABLE>>TABLE>


Avis juridique important

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32002L0066

Commission Directive 2002/66/EC of 16 July 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Official Journal L 192 , 20/07/2002 P. 0047 - 0053

Commission Directive 2002/66/ECof 16 July 2002amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables(1), as last amended by Commission Directive 2000/82/EC(2), and in particular Article 5 thereof,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(3), as last amended by Commission Directive 2002/42/EC(4), and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(5), as last amended by Directive 2002/42/EC, and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables(6), as last amended by Directive 2002/42/EC, and in particular Article 7 thereof,Whereas:(1) In the case of cereals and products of plant origin including fruit and vegetables, residue levels should reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is both as low as practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the protection of the health of consumers in terms of estimated dietary intake of consumers. In the case of foodstuffs of animal origin, residue levels should reflect the consumption by animals of cereals and products of plant origin treated with pesticides and, where relevant, the direct consequences of the use of veterinary medicines. Community maximum residue levels (MRLs) represent the upper limit to the amounts of such residues that might be found in commodities when good agricultural practices have been respected by producers.(2) MRLs for pesticides should be kept under review and the levels may be changed to take account of new information and data. MRLs should be fixed at the lower limit of analytical determination where there are no authorised uses.(3) Commission Decisions have been taken not to include active substances in Annex I to Council Directive 91/414/EEC of 15 June 1991 on the placing of plant protection products on the market(7), as last amended by Commission Directive 2002/48/EC(8) for: lindane (Commission Decision 2000/801/EC)(9), quintozene (Commission Decision 2000/816/EC)(10), permethrin (Commission Decision 2000/817/EC)(11), zineb (Commission Decision 2001/245/EC)(12) and parathion (Commission Decision 2001/520/EC)(13). These Decisions provided that plant protection products containing these active substances shall no longer be authorised for use in the Community. It is therefore necessary to add all of the pesticide residues arising from use of these plant protection products to the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer. Since it is not possible to discriminate in routine monitoring between zineb and other dithiocarbamates, it is not possible to set MRLs for zineb. In order to allow legitimate expectations to be fulfilled for existing stocks of pesticides to be used, the Commission non-inclusion Decisions allowed a phasing out period, and it is appropriate that MRLs premised on the notion that use of the substance concerned is not authorised in the Community, should not apply until the end of the phasing out period applying to that substance.(4) Maximum residue levels have previously been fixed in relation to lindane and parathion for some commodities, in Annex II to Directive 76/895/EEC (as amended by Commission Directive 82/528/EEC)(14), but this Directive allows Member States to establish higher MRLs. To establish harmonised maximum levels of pesticide residues for lindane and parathion in and on fruit and vegetables at Community level it is necessary to include these MRLs instead in Directive 90/642/EEC. Further, the MRLs should be amended to reflect the withdrawal of authorisations at Community level.(5) Community maximum residue levels and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a limited number of Codex maximum residue limits for lindane, quintozene, permethrin and parathion. These have been considered in the setting of the maximum residue levels fixed in this Directive. Codex MRLs that will be recommended for withdrawal in the near future were not taken into account. The Codex MRLs for lindane 0,1 mg/kg (eggs) and 0,7 mg/kg (poultry meat) are EMRLs (extraneous residue limits). These MRLs are not set at the level which would result from current use of plant protection products, but take account of the fact that uses of the substances in the past have left residues which can be considered as contaminants. The MRLs based on Codex MRLs having been evaluated in the light of the risks for the consumers, no risk was established when using the toxicological end points based on the studies available to the Commission. The ADI for lindane is 0,001 mg/kg bw/day (JMPR 1997), no acute reference dose being considered necessary, the ADI for parathion is 0,004 mg/kg bw/day (JMPR 1995), the ARfD being 0,01 mg/kg bw/day (JMPR 1995), the ADI for permethrin is 0,05 mg/kg bw/day (JMPR 1999), no ARfD being considered necessary, the ADI for quintozene is 0,01 mg/kg bw/day (JMPR 1995), no ARfD being considered necessary.(6) The Community notified the draft Commission Directive to the World Trade Organisation and the comments received have been considered in finalising the Directive. MRLs for specific pesticide/crop combinations used in third countries could be examined by the Commission on the basis of the acceptable data submitted(15).(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1In Annex II to Directive 76/895/EEC the entries relating to lindane and parathion shall be deleted.Article 2In the table in Part A of Annex II to Directive 86/362/EEC entries in respect of the following pesticide residues shall be added: ""Article 3Entries in respect of the following pesticide residues shall be added to the table in part A of Annex II to Directive 86/363/EEC: ""Article 4In the table in Annex II to Directive 90/642/EEC, the entries for pesticide residues as set out in the Annex to this Directive shall be added or modified.Article 5This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 November 2002 at the latest. They shall forthwith inform the Commission thereof.2. They shall apply these provisions as of 1 December 2002 for lindane, quintozene and permethrin and as of 1 May 2003 for parathion.3. 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 6This Directive is addressed to the Member States.Done at Brussels, 16 July 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 340, 9.12.1976, p. 26.(2) OJ L 3, 6.1.2001, p. 18.(3) OJ L 221, 7.8.1986, p. 37.(4) OJ L 134, 22.5.2002, p. 29.(5) OJ L 221, 7.8.1986, p. 43.(6) OJ L 350, 14.12.1990, p. 71.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 148, 6.6.2002, p. 19.(9) OJ L 324, 21.12.2000, p. 42.(10) OJ L 332, 28.12.2000, p. 112.(11) OJ L 332, 28.12.2000, p. 114.(12) OJ L 88, 28.3.2001, p. 19.(13) OJ L 187, 10.7.2001, p. 47.(14) OJ L 234, 9.8.1982, p. 1.(15) Guidance notes on import tolerances - Document 7169/VI/99 rev. 1.(16) Indicates lower limit of analytical determination.(17) These MRLs are based on Codex MRLs (extraneous residue limits) and do not result from the use of plant protection products.(18) Based on monitoring data.(19) Indicates lower limit of analytical determination.ANNEX>TABLE>


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31977L0062

Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts

Official Journal L 013 , 15/01/1977 P. 0001 - 0014 Greek special edition: Chapter 17 Volume 1 P. 0024  Spanish special edition: Chapter 17 Volume 1 P. 0029  Portuguese special edition Chapter 17 Volume 1 P. 0029

++++COUNCIL DIRECTIVE  OF 21 DECEMBER 1976  COORDINATING PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY CONTRACTS   ( 77/62/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS RESTRICTIONS ON THE FREE MOVEMENT OF GOODS IN RESPECT OF PUBLIC SUPPLIES ARE PROHIBITED BY THE TERMS OF ARTICLES 30 ET SEQ . OF THE TREATY ;  WHEREAS THAT PROHIBITION SHOULD BE SUPPLEMENTED BY THE COORDINATION OF THE PROCEDURES RELATING TO PUBLIC SUPPLY CONTRACTS IN ORDER , BY INTRODUCING EQUAL CONDITIONS OF COMPETITION FOR SUCH CONTRACTS IN ALL THE MEMBER STATES , TO ENSURE A DEGREE OF TRANSPARENCY ALLOWING THE OBSERVANCE OF THIS PROHIBITION TO BE BETTER SUPERVISED ;  WHEREAS ACCESS TO PUBLIC SUPPLY CONTRACTS FOR PRODUCTS ORIGINATING IN COUNTRIES OTHER THAN THE MEMBER STATES IS THE SUBJECT OF THE COUNCIL RESOLUTION OF 21 DECEMBER 1976 ( 3 ) AND OF THE COMMISSION STATEMENT OF 21 DECEMBER 1976 ( 4 ) ;  WHEREAS , IN THE CASE OF PUBLIC WORKS CONTRACTS , COORDINATION WAS BASED ON CERTAIN PRINCIPLES RELATING TO THE PROHIBITION OF TECHNICAL SPECIFICATIONS HAVING A DISCRIMINATORY EFFECT , TO THE ADVERTISING OF CONTRACTS THROUGHOUT THE COMMUNITY , TO THE FIXING OF OBJECTIVE CRITERIA AS TO ENTITLEMENT TO COMPETE FOR CONTRACTS AND THE INTRODUCTION OF A JOINT SUPERVISION PROCEDURE TO ENSURE OBSERVANCE OF THESE PRINCIPLES ; WHEREAS THIS METHOD AND THESE PRINCIPLES SHOULD BE APPLIED LIKEWISE TO PUBLIC SUPPLY CONTRACTS WITH ADJUSTMENTS TO TAKE ACCOUNT OF THE INDIVIDUAL CHARACTER OF THE CONTRACTS IN QUESTION ;  WHEREAS THIS DIRECTIVE DOES NOT PREVENT THE APPLICATION , IN PARTICULAR , OF ARTICLES 36 AND 223 OF THE TREATY ;  WHEREAS THE BODIES CURRENTLY ADMINISTERING TRANSPORT SERVICES IN THE MEMBER STATES ARE GOVERNED IN SOME CASES BY PUBLIC LAW , IN OTHERS BY PRIVATE LAW ; WHEREAS , IN ACCORDANCE WITH THE OBJECTIVES OF THE COMMON TRANSPORT POLICY EQUALITY OF TREATMENT SHOULD BE ENSURED NOT ONLY BETWEEN SEPARATE UNDERTAKINGS CONCERNED WITH THE SAME MODE OF TRANSPORT BUT ALSO BETWEEN SUCH UNDERTAKINGS AND UNDERTAKINGS CONCERNED WITH OTHER MODES OF TRANSPORT ;  WHEREAS , PENDING THE DRAFTING OF MEASURES FOR COORDINATING THE PROCEDURES APPLICABLE TO TRANSPORT BODIES AND IN VIEW OF THE SAID SPECIAL CIRCUMSTANCES , THOSE AUTHORITIES REFERRED TO ABOVE , WHICH BY REASON OF THEIR LEGAL STATUS WOULD FALL WITHIN IT , SHOULD BE EXCLUDED FROM THE SCOPE OF THE DIRECTIVE ;  WHEREAS IT IS NECESSARY TO AVOID SUBJECTING THE PRODUCTION , DISTRIBUTION AND TRANSMISSION OR TRANSPORT SERVICES FOR WATER AND ENERGY AND TELECOMMUNICATIONS SERVICES TO DIFFERENT SUPPLY CONTRACT SYSTEMS , DEPENDING ON WHETHER THEY COME UNDER THE STATE , REGIONAL OR LOCAL AUTHORITIES OR OTHER LEGAL PERSONS GOVERNED BY PUBLIC LAW OR WHETHER THEY HAVE SEPARATE LEGAL PERSONALITY ; WHEREAS IT IS THEREFORE NECESSARY TO EXCLUDE FROM THE SCOPE OF THE DIRECTIVE THOSE SERVICES REFERRED TO ABOVE WHICH BY REASON OF THEIR LEGAL STATUS WOULD FALL WITHIN ITS SCOPE UNTIL SUCH TIME AS A FINAL SOLUTION CAN BE ADOPTED IN THE LIGHT OF EXPERIENCE ;  WHEREAS PROVISION MUST BE MADE FOR EXCEPTIONAL CASES WHERE MEASURES CONCERNING THE COORDINATION OF PROCEDURES MAY NOT NECESSARILY BE APPLIED , BUT SUCH CASES MUST BE EXPRESSLY LIMITED ;  WHEREAS SUPPLY CONTRACTS OF LESS THAN 200 000 EUROPEAN UNITS OF ACCOUNT CAN BE EXEMPTED , INASMUCH AS THEIR IMPACT ON COMPETITION IS LIMITED ;  WHEREAS BY DECISION NO 3289/75/ECSC OF 18 DECEMBER 1975 ( 5 ) THE COMMISSION , WITH THE ASSENT OF THE COUNCIL , DEFINED A EUROPEAN UNIT OF ACCOUNT WHICH REPRESENTS AN AVERAGE VALUE OF THE VARIATIONS IN THE CURRENCIES OF THE MEMBER STATES ; WHEREAS THE VALUE OF THIS UNIT OF ACCOUNT IN EACH OF THE CURRENCIES OF THE MEMBER STATES IS DETERMINED DAILY ; WHEREAS ITS USE FOR THE PURPOSES OF THE DIRECTIVE REQUIRES THAT A REFERENCE DATE BE FIXED ;  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 ; 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 THE MEMBER STATES , BE GIVEN IN THE CONTRACT DOCUMENTS FOR EACH CONTRACT OR IN AN EQUIVALENT DOCUMENT ;  WHEREAS , AS INDICATED IN THE COUNCIL RESOLUTION OF 21 DECEMBER 1976 ( 6 ) , THE DIRECTIVE WILL BE REVIEWED AND MAY BE REVISED ,  HAS ADOPTED THIS DIRECTIVE :  TITLE I  GENERAL PROVISIONS  ARTICLE 1  FOR THE PURPOSE OF THIS DIRECTIVE :   ( A ) " PUBLIC SUPPLY CONTRACTS " SHALL BE CONTRACTS FOR PECUNIARY CONSIDERATION CONCLUDED IN WRITING BETWEEN A SUPPLIER ( A NATURAL OR LEGAL PERSON ) AND ONE OF THE CONTRACTING AUTHORITIES DEFINED IN ( B ) BELOW FOR DELIVERY OF THE PRODUCTS . SUCH DELIVERY MAY IN ADDITION INCLUDE SITING AND INSTALLATION OPERATIONS ;   ( B ) " CONTRACTING AUTHORITIES " SHALL BE THE STATE , REGIONAL OR LOCAL AUTHORITIES AND THE LEGAL PERSONS GOVERNED BY PUBLIC LAW OR , IN MEMBER STATES WHERE THE LATTER ARE UNKNOWN , BODIES CORRESPONDING THERETO AS SPECIFIED IN ANNEX I ;   ( C ) A SUPPLIER WHO SUBMITS A TENDER SHALL BE DESIGNATED BY THE TERM " TENDERER " , AND ONE WHO HAS SOUGHT AN INVITATION TO TAKE PART IN A RESTRICTED PROCEDURE BY THE TERM " CANDIDATE " .  ARTICLE 2  1 . IN AWARDING PUBLIC SUPPLY CONTRACTS , THE CONTRACTING AUTHORITIES SHALL APPLY THEIR NATIONAL PROCEDURES , ADAPTED TO THIS DIRECTIVE .  2 . THIS DIRECTIVE SHALL NOT APPLY TO :   ( A ) PUBLIC SUPPLY CONTRACTS AWARDED BY BODIES WHICH ADMINISTER TRANSPORT SERVICES ;   ( B ) PUBLIC SUPPLY CONTRACTS AWARDED BY BODIES WHICH ADMINISTER PRODUCTION , DISTRIBUTION AND TRANSMISSION OR TRANSPORT SERVICES FOR WATER OR ENERGY AND TELECOMMUNICATIONS SERVICES .  3 . WHEN THE STATE , A REGIONAL OR LOCAL AUTHORITY OR ONE OF THE LEGAL PERSONS GOVERNED BY PUBLIC LAW OR CORRESPONDING BODIES SPECIFIED IN ANNEX I GRANTS TO A BODY OTHER THAN THE 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 PRINCIPLE OF NON-DISCRIMINATION BY NATIONALITY WHEN AWARDING PUBLIC SUPPLY CONTRACTS TO THIRD PARTIES .  ARTICLE 3  THIS DIRECTIVE SHALL NOT APPLY TO PUBLIC CONTRACTS GOVERNED BY DIFFERENT PROCEDURAL RULES AND AWARDED :   ( A ) PURSUANT TO AN INTERNATIONAL AGREEMENT CONCLUDED BETWEEN A MEMBER STATE AND ONE OR MORE NON-MEMBER COUNTRIES AND COVERING SUPPLIES 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 SET UP BY DECISION 71/306/EEC ( 7 ) , AS AMENDED BY DECISION 77/63/EEC ( 8 ) ;   ( B ) TO UNDERTAKINGS IN A MEMBER STATE OR A NON-MEMBER COUNTRY IN PURSUANCE OF AN INTERNATIONAL AGREEMENT RELATING TO THE STATIONING OF TROOPS ;   ( C ) PURSUANT TO THE PARTICULAR PROCEDURE OF AN INTERNATIONAL ORGANIZATION .  ARTICLE 4  1 . NATIONAL PROCEDURES WHEREBY ANY INTERESTED SUPPLIER MAY TENDER SHALL BE SUBJECT TO THE PROVISIONS RELATING TO " OPEN PROCEDURES " WITHIN THE MEANING OF THIS DIRECTIVE ( ARTICLES 7 TO 10 , 13 , 17 , 18 AND 20 TO 25 ) .  2 . NATIONAL PROCEDURES WHEREBY SUPPLIERS MAY TENDER ONLY IF INVITED TO DO SO BY THE CONTRACTING AUTHORITIES SHALL BE SUBJECT TO THE PROVISIONS RELATING TO " RESTRICTED PROCEDURES " WITHIN THE MEANING OF THIS DIRECTIVE ( ARTICLES 7 TO 9 , 11 , 12 , 14 , 15 AND 17 TO 25 ) .  3 . CONTRACTS AWARDED IN THE CASES REFERRED TO IN ARTICLE 6 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 7 ONLY .  ARTICLE 5  1 . ( A ) THE PROVISIONS OF TITLES II , III AND IV AND OF ARTICLE 6 SHALL APPLY , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 4 , TO PUBLIC SUPPLY CONTRACTS WHOSE ESTIMATED VALUE NET OF VAT IS NOT LESS THAN 200 000 EUROPEAN UNITS OF ACCOUNT .   ( B ) THE EUROPEAN UNIT OF ACCOUNT SHALL BE THAT DEFINED BY DECISION NO 3289/75/ECSC .   ( C ) THE EXCHANGE VALUE IN NATIONAL CURRENCIES TO BE APPLIED SHALL BE THE AVERAGE OF THE DAILY VALUE OF THESE CURRENCIES OVER THE PRECEDING 12 MONTHS CALCULATED ON THE LAST DAY OF OCTOBER EVERY TWO YEARS , WITH EFFECT FROM THE FOLLOWING 1 JANUARY . THIS EXCHANGE VALUE , CALCULATED BY THE COMMISSION , SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES DURING THE FIRST DAYS OF NOVEMBER .   ( D ) THE METHOD OF CALCULATION LAID DOWN IN SUBPARAGRAPH ( C ) SHALL BE EXAMINED , ON THE COMMISSION'S INITIATIVE , WITHIN THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS TWO YEARS AFTER ITS INITIAL APPLICATION .   ( E ) THIS METHOD SHALL IN ANY EVENT BE REVIEWED ONCE THE COUNCIL HAS ACTED ON THE PROPOSAL FOR A REGULATION , SUBMITTED BY THE COMMISSION , APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND TO THE LEGAL ACTS ADOPTED BY THE INSTITUTIONS .  2 . IN THE CASE OF REGULAR SUPPLY CONTRACTS OR OF CONTRACTS WHICH ARE TO BE RENEWED WITHIN A GIVEN TIME THE AGGREGATE COST DURING THE 12 MONTHS FOLLOWING FIRST DELIVERY OR DURING THE TERM OF THE CONTRACT WHERE THIS IS GREATER THAN 12 MONTHS MUST BE TAKEN AS THE BASIS FOR THE APPLICATION OF PARAGRAPH 1 .  3 . IF A PROPOSED PURCHASE OF SUPPLIES OF THE SAME TYPE MAY LEAD TO CONTRACTS BEING AWARDED AT THE SAME TIME IN SEPARATE PARTS , THE ESTIMATED VALUE OF THE SUM TOTAL OF THESE PARTS MUST BE TAKEN AS THE BASIS FOR THE APPLICATION OF PARAGRAPH 1 .  4 . NO PURCHASE REQUIREMENT FOR A CERTAIN QUANTITY OF SUPPLIES MAY BE SPLIT UP WITH THE INTENTION OF AVOIDING THE APPLICATION OF THIS ARTICLE .  ARTICLE 6  1 . CONTRACTING AUTHORITIES MAY AWARD THEIR SUPPLY CONTRACTS WITHOUT APPLYING THE PROCEDURES REFERRED TO IN ARTICLE 4 ( 1 ) AND ( 2 ) IN THE FOLLOWING CASES :   ( A ) IN THE ABSENCE OF TENDERS , OR IN THE EVENT OF IRREGULAR TENDERS FOLLOWING ADOPTION OF ONE OF THE PROCEDURES LAID DOWN IN THIS DIRECTIVE , OR IN THE EVENT OF TENDERS WHICH ARE UNACCEPTABLE UNDER NATIONAL PROVISIONS THAT ARE IN ACCORDANCE WITH THE PROVISIONS OF TITLE IV , IN SO FAR AS THE ORIGINAL TERMS FOR THE CONTRACT ARE NOT SUBSTANTIALLY ALTERED ;   ( B ) WHEN , FOR TECHNICAL OR ARTISTIC REASONS , OR FOR REASONS CONNECTED WITH PROTECTION OF EXCLUSIVE RIGHTS , THE GOODS SUPPLIED MAY BE MANUFACTURED OR DELIVERED ONLY BY A PARTICULAR SUPPLIER ;   ( C ) WHERE THE ARTICLES INVOLVED ARE MANUFACTURED PURELY FOR PURPOSES OF RESEARCH , EXPERIMENT , STUDY OR DEVELOPMENT ;   ( D ) IN SO FAR AS IS STRICTLY NECESSARY WHEN , FOR REASONS OF EXTREME URGENCY BROUGHT ABOUT BY EVENTS UNFORESEEABLE BY THE CONTRACTING AUTHORITIES , THE TIME LIMIT LAID DOWN IN THE PROCEDURES COVERED BY ARTICLE 4 ( 1 ) AND ( 2 ) CANNOT BE KEPT ;   ( E ) FOR ADDITIONAL DELIVERIES BY THE ORIGINAL SUPPLIER WHICH ARE INTENDED EITHER AS PART REPLACEMENT OF NORMAL SUPPLIES OR INSTALLATIONS , OR AS THE EXTENSION OF EXISTING SUPPLIES OR INSTALLATIONS WHERE A CHANGE OF SUPPLIER WOULD COMPEL THE CONTRACTING AUTHORITY TO PURCHASE EQUIPMENT HAVING DIFFERENT TECHNICAL CHARACTERISTICS WHICH WOULD RESULT IN INCOMPATIBILITY OR DISPROPORTIONATE TECHNICAL DIFFICULTIES OF OPERATION OR MAINTENANCE ;   ( F ) FOR GOODS QUOTED AND PURCHASED ON A COMMODITY MARKET IN THE COMMUNITY ;   ( G ) WHEN SUPPLIES ARE DECLARED SECRET OR WHEN THEIR DELIVERY MUST BE ACCOMPANIED BY SPECIAL SECURITY MEASURES IN ACCORDANCE WITH THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN FORCE IN THE MEMBER STATE CONCERNED , OR WHEN THE PROTECTION OF THE BASIC INTERESTS OF THAT STATE'S SECURITY SO REQUIRES ;   ( H ) FOR EQUIPMENT SUPPLY CONTRACTS IN THE FIELD OF DATA-PROCESSING , AND SUBJECT TO ANY DECISIONS OF THE COUNCIL TAKEN ON A PROPOSAL FROM THE COMMISSION AND DEFINING THE CATEGORIES OF MATERIAL TO WHICH THE PRESENT EXCEPTION DOES NOT APPLY . THERE CAN NO LONGER BE RECOURSE TO THE PRESENT EXCEPTION AFTER 1 JANUARY 1981 OTHER THAN BY A DECISION OF THE COUNCIL TAKEN ON A PROPOSAL FROM THE COMMISSION TO MODIFY THIS DATE .  2 . BEFORE THE END OF JUNE OF EACH YEAR , MEMBER STATES SHALL SEND THE COMMISSION A STATEMENT OF THE NUMBER AND TOTAL VALUE OF CONTRACTS AWARDED IN THE PRECEDING CALENDAR YEAR ON THE BASIS OF PROVISIONS ( A ) TO ( F ) OF PARAGRAPH 1 , AT LEAST AS REGARDS CONTRACTS AWARDED BY STATES , LAENDER , REGIONS , PROVINCES OR DEPARTMENTS . MEMBER STATES SHALL , AS FAR AS POSSIBLE , CLASSIFY THE CONTRACTS AWARDED ACCORDING TO EACH OF THE CATEGORIES IN THE FOREGOING PROVISIONS .  TITLE II  COMMON RULES IN THE TECHNICAL FIELD  ARTICLE 7  1 . THE TECHNICAL SPECIFICATIONS DEFINED IN ANNEX II AND THE DESCRIPTION OF TESTING , CHECKING AND ACCEPTANCE METHODS SHALL FIGURE IN THE GENERAL OR THE CONTRACTUAL DOCUMENTS RELATING TO EACH CONTRACT . SUCH TECHNICAL SPECIFICATIONS MAY BE DEFINED BY REFERENCE TO APPROPRIATE STANDARDS .  IN THIS CASE IT IS APPROPRIATE TO MAKE REFERENCE , IN ORDER OF PREFERENCE , TO :  1 . COMMUNITY STANDARDS WHICH ARE BINDING BY VIRTUE OF AN ACT OF THE COMMUNITIES ;  2 . OTHER COMMUNITY STANDARDS ( IN PARTICULAR ECSC STANDARDS ) OR EUROPEAN STANDARDS ( IN PARTICULAR ESC AND CENELEC STANDARDS ) ACCEPTED BY THE COUNTRY OF THE CONTRACTING AUTHORITY ;  3 . INTERNATIONAL STANDARDS ACCEPTED BY THE COUNTRY OF THE CONTRACTING AUTHORITY ( IN PARTICULAR ISO AND IEC STANDARDS ) ;  4 . THE NATIONAL STANDARDS OF THE COUNTRY OF THE CONTRACTING AUTHORITY ;  5 . ANY OTHER STANDARD .  2 . UNLESS SUCH SPECIFICATIONS ARE JUSTIFIED BY THE SUBJECT OF THE CONTRACT , MEMBER STATES SHALL PROHIBIT THE INTRODUCTION INTO THE CONTRACTUAL CLAUSES RELATING TO A GIVEN CONTRACT OF TECHNICAL SPECIFICATIONS WHICH MENTION GOODS OF A SPECIFIC MAKE OR SOURCE OR OF A PARTICULAR PROCESS AND WHICH HAVE THE EFFECT OF FAVOURING OR ELIMINATING CERTAIN UNDERTAKINGS OR PRODUCTS . IN PARTICULAR , THE INDICATION OF TRADE MARKS , PATENTS , TYPES OR SPECIFIC ORIGIN OR PRODUCTIONS SHALL BE PROHIBITED ; HOWEVER , SUCH AN INDICATION ACCOMPANIED BY THE WORDS " OR EQUIVALENT " SHALL BE AUTHORIZED WHERE THE SUBJECT OF THE CONTRACT CANNOT OTHERWISE BE DESCRIBED BY SPECIFICATIONS WHICH ARE SUFFICIENTLY PRECISE AND FULLY INTELLIGIBLE TO ALL CONCERNED .  ARTICLE 8  WHEN PROJECTS ARE PUT UP FOR COMPETITION OR WHEN INVITATIONS TO TENDER PERMIT TENDERERS TO SUBMIT VARIATIONS ON A PROJECT OF THE ADMINISTRATION , THE CONTRACTING AUTHORITIES MAY NOT REJECT A TENDER SOLELY ON THE GROUNDS THAT IT HAS BEEN DRAWN UP BY MEANS OF DIFFERENT TECHNICAL CALCULATIONS FROM THOSE USED IN THE COUNTRY WHERE THE CONTRACT IS BEING AWARDED , PROVIDED THAT THE TENDER ACCORDS WITH THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS . TENDERERS MUST INCLUDE WITH THEIR TENDERS ALL THE EVIDENCE NEEDED FOR EXAMINING THE PROJECT AND MUST SUPPLY ANY ADDITIONAL EXPLANATIONS WHICH THE CONTRACTING AUTHORITIES CONSIDER NECESSARY .  TITLE III  COMMON ADVERTISING RULES  ARTICLE 9  1 . CONTRACTING AUTHORITIES WHO WISH TO AWARD A PUBLIC SUPPLY CONTRACT BY OPEN OR RESTRICTED PROCEDURE SHALL MAKE KNOWN THEIR INTENTION BY MEANS OF A NOTICE .  2 . SUCH NOTICE SHALL BE SENT AS SOON AS POSSIBLE BY THE MOST APPROPRIATE CHANNELS TO THE OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES AND SHALL BE PUBLISHED IN FULL IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES IN THE OFFICIAL LANGUAGES OF THE COMMUNITIES , THE ORIGINAL TEXT ALONE BEING AUTHENTIC . IT SHALL BE DRAWN UP IN ACCORDANCE WITH THE MODELS GIVEN IN ANNEX III .  3 . UNDER THE ACCELERATED PROCEDURE PROVIDED FOR IN ARTICLE 12 , THE NOTICE SHALL BE PUBLISHED , IN ITS ORIGINAL LANGUAGE ONLY , IN ALL EDITIONS OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  4 . THE NOTICE REFERRED TO IN THE PRECEDING PARAGRAPHS SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NOT LATER THAN NINE DAYS AFTER THE DATE OF DISPATCH AND , IN THE CASE OF THE ACCELERATED PROCEDURE PROVIDED FOR IN ARTICLE 12 , NOT LATER THAN FIVE DAYS AFTER THAT DATE .  5 . THE NOTICE SHALL NOT BE PUBLISHED IN THE OFFICIAL JOURNALS OR IN THE PRESS OF THE COUNTRY OF THE CONTRACTING AUTHORITIES BEFORE THE DATE OF ITS DISPATCH , AND IT SHALL MENTION THIS DATE . IT SHALL NOT CONTAIN INFORMATION OTHER THAN THAT PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  6 . THE CONTRACTING AUTHORITIES MUST BE ABLE TO SUPPLY EVIDENCE OF THE DATE OF DISPATCH .  7 . THE COST OF THE PUBLICATION OF NOTICES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES SHALL BE BORNE BY THE COMMUNITIES . NO NOTICE MAY BE LONGER THAN ONE PAGE OF THE JOURNAL ; THAT IS TO SAY , APPROXIMATELY 650 WORDS . NOTICES SHALL BE DRAWN UP IN ACCORDANCE WITH THE MODEL NOTICES CONTAINED IN ANNEX III . EVERY EDITION OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES WHICH CONTAINS A NOTICE OR NOTICES SHALL REPRODUCE THE MODEL NOTICE OR NOTICE ON WHICH THE PUBLISHED NOTICE OR NOTICES ARE BASED .  ARTICLE 10  1 . IN OPEN PROCEDURE , THE TIME LIMIT FOR THE RECEIPT OF TENDERS FIXED BY THE CONTRACTING AUTHORITIES SHALL BE NOT LESS THAN 36 DAYS FROM THE DATE OF DISPATCH OF THE NOTICE .  2 . PROVIDED THEY HAVE BEEN REQUESTED IN GOOD TIME , THE CONTRACT DOCUMENTS AND SUPPORTING DOCUMENTS MUST BE SENT TO THE SUPPLIERS BY THE CONTRACTING AUTHORITIES OR COMPETENT DEPARTMENTS WITHIN FOUR WORKING DAYS OF RECEIVING THEIR APPLICATION .  3 . PROVIDED IT HAS BEEN REQUESTED IN GOOD TIME , ADDITIONAL INFORMATION RELATING TO THE CONTRACT DOCUMENTS MUST BE SUPPLIED BY THE CONTRACTING AUTHORITIES NOT LATER THAN SIX DAYS BEFORE THE FINAL DATE FIXED FOR RECEIPT OF TENDERS .  4 . WHERE TENDERS CAN ONLY BE MADE AFTER A VISIT TO THE SITE OR AFTER ON-THE-SPOT INSPECTION OF THE DOCUMENTS SUPPORTING THE CONTRACT DOCUMENTS , THE TIME LIMIT LAID DOWN IN PARAGRAPH 1 SHALL BE EXTENDED ACCORDINGLY .  ARTICLE 11  1 . IN RESTRICTED PROCEDURES , THE TIME LIMIT FOR RECEIPT OF REQUESTS TO PARTICIPATE FIXED BY THE CONTRACTING AUTHORITIES SHALL BE NOT LESS THAN 21 DAYS FROM THE DATE OF DISPATCH OF THE NOTICE .  2 . THE CONTRACTING AUTHORITIES SHALL SIMULTANEOUSLY AND IN WRITING INVITE ALL SUCCESSFUL CANDIDATES TO SUBMIT THEIR TENDERS . THE LETTER OF INVITATION SHALL BE ACCOMPANIED BY THE CONTRACT DOCUMENTS AND SUPPORTING DOCUMENTS .  3 . THE TIME LIMIT FOR THE RECEIPT OF TENDERS FIXED BY THE CONTRACTING AUTHORITIES SHALL BE NOT LESS THAN 21 DAYS FROM THE DATE OF DISPATCH OF THE WRITTEN INVITATION .  4 . PROVIDED IT HAS BEEN REQUESTED IN GOOD TIME , ADDITIONAL INFORMATION RELATING TO THE CONTRACT DOCUMENTS MUST BE SUPPLIED BY THE CONTRACTING AUTHORITIES NOT LESS THAN SIX DAYS BEFORE THE FINAL DATE FIXED FOR RECEIPT OF TENDERS .  5 . APPLICATIONS TO BE INVITED TO COMPETE AND INVITATIONS TO DO SO MAY BE TRANSMITTED BY LETTER , TELEGRAM , TELEX OR TELEPHONE ; IF BY ONE OF THE LAST THREE , THEY MUST BE CONFIRMED BY LETTER .  6 . WHERE TENDERS CAN ONLY BE MADE AFTER A VISIT TO THE SITE OR AFTER ON-THE SPOT INSPECTION OF THE DOCUMENTS SUPPORTING THE CONTRACT DOCUMENTS , THE TIME LIMIT LAID DOWN IN PARAGRAPH 3 SHALL BE EXTENDED ACCORDINGLY .  ARTICLE 12  1 . IN CASES WHERE URGENCY RENDERS IMPRACTICABLE THE TIME LIMITS LAID DOWN IN ARTICLE 11 , THE CONTRACTING AUTHORITIES MAY FIX THE FOLLOWING TIME LIMITS :   ( A ) A TIME LIMIT FOR THE RECEIPT OF REQUESTS TO PARTICIPATE WHICH SHALL BE NOT LESS THAN 12 DAYS FROM THE DATE OF DISPATCH OF THE NOTICE ;   ( 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 .  2 . PROVIDED IT HAS BEEN REQUESTED IN GOOD TIME , ADDITIONAL INFORMATION RELATING TO THE CONTRACT DOCUMENTS MUST BE SUPPLIED BY THE CONTRACTING AUTHORITIES NOT LESS THAN FOUR DAYS BEFORE THE FINAL DATE FIXED FOR THE RECEIPT OF TENDERS .  3 . REQUESTS FOR PARTICIPATION IN CONTRACTS AND INVITATIONS TO TENDER MUST BE MADE BY THE MOST RAPID MEANS OF COMMUNICATION POSSIBLE . WHEN REQUESTS TO PARTICIPATE ARE MADE BY TELEGRAM , TELEX OR TELEPHONE , THEY MUST BE CONFIRMED IN WRITING .  ARTICLE 13  IN OPEN PROCEDURES THE NOTICE SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION :   ( A ) THE DATE OF DISPATCH TO THE OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES ;   ( B ) THE AWARD PROCEDURE CHOSEN ;   ( C ) THE PLACE OF DELIVERY , THE NATURE AND QUANTITY OF THE GOODS TO BE SUPPLIED , AND , IF THE CONTRACT IS DIVIDED IN SEVERAL PARTS , WHETHER SUPPLIERS HAVE THE POSSIBILITY OF TENDERING FOR SOME AND/OR ALL OF THE GOODS REQUIRED ;   ( D ) ANY TIME LIMIT FOR DELIVERY ;   ( E ) THE ADDRESS , TELEPHONE NUMBER AND , WHERE APPLICABLE , THE TELEGRAPHIC ADDRESS AND TELEX NUMBER OF THE CONTRACTING AUTHORITY ;   ( F ) THE ADDRESS OF THE SERVICE FROM WHICH THE RELEVANT DOCUMENTS MAY BE REQUESTED AND THE FINAL DATE FOR MAKING SUCH A REQUEST ; ALSO THE AMOUNT AND TERMS OF PAYMENT OF ANY SUM PAYABLE FOR SUCH DOCUMENTS ;   ( G ) THE FINAL DATE FOR RECEIPTS OF TENDERS , THE ADDRESS TO WHICH THEY MUST BE SENT AND THE LANGUAGE OR LANGUAGES IN WHICH THEY MUST BE DRAWN UP ;   ( H ) THE PERSONS AUTHORIZED TO BE PRESENT AT THE OPENING OF TENDERS AND THE DATE , TIME AND PLACE OF THIS OPENING ;   ( I ) INFORMATION ABOUT DEPOSITS AND ANY OTHER GUARANTEES , WHATEVER THEIR FORM , WHICH MAY BE REQUIRED BY THE CONTRACTING AUTHORITIES ;   ( J ) THE MAIN TERMS CONCERNING FINANCING AND PAYMENT AND/OR REFERENCES TO THE PROVISIONS LAID DOWN BY LAW OR REGULATION IN WHICH THESE ARE CONTAINED ;   ( K ) IN APPLICATION OF ARTICLE 18 , THE SPECIFIC LEGAL FORM WHICH THE GROUPING OF SUPPLIERS MAY BE REQUIRED TO TAKE IF AWARDED THE CONTRACT ;   ( L ) THE INFORMATION AND FORMALITIES NECESSARY FOR AN APPRAISAL OF THE MINIMUM ECONOMIC AND TECHNICAL STANDARDS WHICH THE CONTRACTING AUTHORITIES REQUIRE OF SUPPLIERS FOR THEIR SELECTION ; THESE REQUIREMENTS MAY NOT BE OTHER THAN THOSE REFERRED TO IN ARTICLES 20 , 22 AND 23 ;   ( M ) THE PERIOD DURING WHICH TENDERERS SHALL BE BOUND TO KEEP THEIR TENDERS OPEN .  ARTICLE 14  IN RESTRICTED PROCEDURES , THE NOTICE SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION :   ( A ) THE INFORMATION GIVEN IN ARTICLE 13 ( A ) , ( B ) ,  ( C ) , ( D ) , ( E ) AND ( K ) ;   ( B ) THE FINAL DATE FOR RECEIPT OF REQUESTS TO PARTICIPATE , THE ADDRESS TO WHICH THEY MUST BE SENT AND THE LANGUAGE OR LANGUAGES IN WHICH THEY MUST BE WRITTEN ;   ( C ) THE FINAL DATE ON WHICH INVITATIONS TO TENDER SHALL BE ISSUED BY THE CONTRACTING AUTHORITY ;   ( D ) THE INFORMATION TO BE GIVEN IN THE REQUEST TO PARTICIPATE , IN THE FORM OF STATEMENTS WHICH CAN LATER BE CHECKED , CONCERNING THE SUPPLIER'S PERSONAL POSITION , AND THE INFORMATION AND FORMALITIES NECESSARY FOR AN APPRAISAL OF THE MINIMUM ECONOMIC AND TECHNICAL STANDARDS WHICH THE CONTRACTING AUTHORITIES REQUIRE OF SUPPLIERS FOR THEIR SELECTION ; THESE REQUIREMENTS MAY NOT BE OTHER THAN THOSE REFERRED TO IN ARTICLES 20 , 22 AND 23 .  ARTICLE 15  AN INVITATION TO TENDER UNDER RESTRICTED PROCEDURES SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION :   ( A ) THE INFORMATION GIVEN IN ARTICLE 13 ( F ) , ( G ) ,  ( H ) , ( I ) , ( J ) AND ( M ) ;   ( B ) A REFERENCE TO THE NOTICE MENTIONED IN ARTICLE 14 ;   ( C ) AN INDICATION OF ANY DOCUMENTS TO BE ANNEXED , EITHER TO SUPPORT THE VERIFIABLE STATEMENTS FURNISHED BY THE CANDIDATE IN ACCORDANCE WITH ARTICLE 14 ( D ) , OR TO SUPPLEMENT THE INFORMATION PROVIDED FOR IN THAT ARTICLE UNDER THE CONDITIONS LAID DOWN IN ARTICLES 22 AND 23 ;   ( D ) THE CRITERIA FOR THE AWARD OF THE CONTRACT IF THESE ARE NOT GIVEN IN THE NOTICE .  ARTICLE 16  THE CONTRACTING AUTHORITIES MAY PUBLISH IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NOTICES OF PUBLIC SUPPLY CONTRACTS WHICH ARE NOT SUBJECT TO COMPULSORY ADVERTISING MEASURES PROVIDED FOR IN THIS DIRECTIVE , WHERE THE VALUE OF SUCH CONTRACTS IS NOT LESS THAN 100 000 EUROPEAN UNITS OF ACCOUNT .  TITLE IV  COMMON RULES ON PARTICIPATION  ARTICLE 17  1 . CONTRACTS SHALL BE AWARDED ON THE BASIS OF THE CRITERIA LAID DOWN IN CHAPTER 2 OF THIS TITLE AFTER THE SUITABILITY OF SUPPLIERS NOT EXCLUDED UNDER ARTICLE 20 HAS BEEN CHECKED . CHECKS SHALL BE CARRIED OUT BY THE CONTRACTING AUTHORITIES IN ACCORDANCE WITH THE CRITERIA OF ECONOMIC , FINANCIAL AND TECHNICAL CAPACITY REFERRED TO IN ARTICLES 22 TO 24 .  2 . THE CONTRACTING AUTHORITIES SHALL RESPECT FULLY THE CONFIDENTIAL NATURE OF ANY INFORMATION FURNISHED BY THE SUPPLIERS .  ARTICLE 18  TENDERS MAY BE SUBMITTED BY GROUPINGS OF SUPPLIERS . THESE GROUPINGS SHALL NOT BE REQUIRED TO ASSUME A SPECIFIC LEGAL FORM IN ORDER TO SUBMIT THE TENDER ; HOWEVER , THE GROUPING SELECTED MAY BE REQUIRED TO DO SO IF IT IS AWARDED THE CONTRACT , TO THE EXTENT THAT THIS CHANGE IS NECESSARY FOR THE SATISFACTORY PERFORMANCE OF THE CONTRACT .  ARTICLE 19  1 . IN RESTRICTED PROCEDURES THE CONTRACTING AUTHORITIES SHALL ON THE BASIS OF THE INFORMATION GIVEN IN ACCORDANCE WITH ARTICLE 14 ( D ) SELECT FROM AMONG THE CANDIDATES ELIGIBLE UNDER ARTICLES 20 TO 24 THOSE WHOM THEY WILL INVITE TO TENDER .  2 . EACH MEMBER STATE SHALL ENSURE THAT ITS CONTRACTING AUTHORITIES ISSUE INVITATIONS TO THOSE SUPPLIERS OF OTHER MEMBER STATES WHO SATISFY THE NECESSARY REQUIREMENTS UNDER THE SAME CONDITIONS AS TO ITS NATIONAL SUPPLIERS .  CHAPTER 1  CRITERIA FOR QUALITATIVE SELECTION  ARTICLE 20  1 . ANY SUPPLIER 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 , WHOSE BUSINESS ACTIVITIES HAVE BEEN SUSPENDED 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 AN ARRANGEMENT WITH CREDITORS OR IS THE SUBJECT OF ANY OTHER SIMILAR PROCEEDINGS UNDER NATIONAL LAWS OR REGULATIONS ;   ( C ) HAS BEEN CONVICTED OF AN OFFENCE CONCERNING HIS PROFESSIONAL CONDUCT BY A JUDGMENT WHICH HAS THE FORCE OF RES JUDICATA ;   ( D ) HAS BEEN GUILTY OF GRAVE PROFESSIONAL MISCONDUCT PROVEN BY ANY MEANS WHICH THE CONTRACTING AUTHORITIES CAN PROVE ;   ( E ) HAS NOT FULFILLED OBLIGATIONS RELATING TO THE PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF THE COUNTRY IN WHICH HE IS ESTABLISHED OR THOSE OF THE COUNTRY OF THE CONTRACTING AUTHORITY ;   ( F ) HAS NOT FULFILLED OBLIGATIONS RELATING TO THE PAYMENT OF TAXES IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF THE COUNTRY IN WHICH HE IS ESTABLISHED OR THOSE OF THE COUNTRY OF THE CONTRACTING AUTHORITY ;   ( G ) IS GUILTY OF SERIOUS MISREPRESENTATION IN SUPPLYING THE INFORMATION REQUIRED UNDER THIS CHAPTER .  2 . WHERE THE CONTRACTING AUTHORITY REQUIRES OF THE SUPPLIER PROOF THAT NONE OF THE CASES QUOTED IN ( A ) ,  ( B ) , ( C ) , ( E ) OR ( F ) OF PARAGRAPH 1 APPLIES TO HIM , IT SHALL ACCEPT AS SUFFICIENT EVIDENCE :   - FOR ( A ) , ( B ) OR ( C ) , THE PRODUCTION OF AN EXTRACT FROM THE " JUDICIAL RECORD " OR , FAILING THIS , OF AN EQUIVALENT DOCUMENT ISSUED BY A JUDICIAL OR ADMINISTRATIVE AUTHORITY IN THE COUNTRY OF ORIGIN OR IN THE COUNTRY WHENCE THAT PERSON COMES SHOWING THAT NONE OF THESE CASES APPLIES TO THE SUPPLIER ;   - FOR ( E ) OR ( F ) , A CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY IN THE MEMBER STATE CONCERNED .  3 . WHERE THE COUNTRY IN QUESTION DOES NOT ISSUE SUCH DOCUMENTS OR CERTIFICATES OR WHERE THESE DO NOT COVER ALL THE CASES QUOTED IN ( A ) , ( B ) OR ( C ) OF PARAGRAPH 1 , THEY MAY BE REPLACED BY A DECLARATION ON OATH MADE BY THE PERSON CONCERNED BEFORE A JUDICIAL OR ADMINISTRATIVE AUTHORITY , A NOTARY OR ANY OTHER COMPETENT AUTHORITY IN THE MEMBER STATE CONCERNED . IN MEMBER STATES WHERE THERE IS NO PROVISION FOR DECLARATION ON OATH IT MAY BE REPLACED BY A SOLEMN DECLARATION . THE COMPETENT AUTHORITY OR NOTARY SHALL ISSUE A CERTIFICATE ATTESTING THE AUTHENTICITY OF THE DECLARATION ON OATH OR SOLEMN DECLARATION .  4 . MEMBER STATES SHALL , WITHIN THE TIME LIMIT LAID DOWN IN ARTICLE 30 DESIGNATE THE AUTHORITIES AND BODIES COMPETENT TO ISSUE THESE DOCUMENTS AND SHALL FORTHWITH INFORM THE OTHER MEMBER STATES AND THE COMMISSION THEREOF .  ARTICLE 21  ANY SUPPLIER WISHING TO TAKE PART IN A PUBLIC SUPPLY CONTRACT MAY BE REQUESTED TO PROVE HIS ENROLMENT IN THE PROFESSIONAL OR TRADE REGISTER UNDER THE CONDITIONS LAID DOWN BY THE LAWS OF THE COMMUNITY COUNTRY IN WHICH HE IS ESTABLISHED : IN GERMANY ON THE HANDELSREGISTER OR HANDWERKSROLLE ; IN BELGIUM ON THE REGISTRE DU COMMERCE/HANDELSREGISTER ; IN DENMARK ON THE AKTIESELSKABS-REGISTRET , FORENINGS-REGISTRET OR HANDELSREGISTRET ; IN FRANCE ON THE REGISTRE DU COMMERCE AND REPERTOIRE DES METIERS ; IN ITALY ON THE REGISTRO DELLA CAMERA DI COMMERCIO , INDUSTRIA , AGRICOLTURA E ARTIGIANATO OR REGISTRO DELLE COMMISSIONI PROVINCIALI PER L'ARTIGIANATO ; IN LUXEMBOURG ON THE REGISTRE AUX FIRMES AND THE ROLE DE LA CHAMBRE DES METIERS , AND IN THE NETHERLANDS ON THE HANDELSREGISTER . IN THE UNITED KINGDOM AND IRELAND THE SUPPLIER MAY BE REQUESTED TO SHOW THAT HE IS CERTIFIED AS INCORPORATED OR REGISTERED BY THE REGISTRAR OF COMPANIES OR THE REGISTRAR OF FRIENDLY SOCIETIES OR , IF HE IS NOT SO CERTIFIED , BY PROVIDING A CERTIFICATE OF A DECLARATION ON OATH THAT HE IS CARRYING ON BUSINESS IN THE TRADE IN QUESTION IN THE COUNTRY IN WHICH HE IS ESTABLISHED , AT A SPECIFIC PLACE OF BUSINESS AND UNDER A SPECIFIC TRADING NAME .  ARTICLE 22  1 . PROOF OF THE SUPPLIER'S FINANCIAL AND ECONOMIC STANDING MAY , AS A GENERAL RULE , BE FURNISHED BY ONE OR MORE OF THE FOLLOWING REFERENCES :   ( A ) APPROPRIATE STATEMENTS FROM BANKERS ;   ( B ) SUBMISSION OF THE UNDERTAKING'S BALANCE-SHEETS OR EXTRACTS THEREFROM ;   ( C ) A STATEMENT OF THE UNDERTAKING'S OVERALL TURNOVER AND ITS TURNOVER IN RESPECT OF THE GOODS TO WHICH THE CONTRACT RELATES FOR THE THREE PREVIOUS FINANCIAL YEARS .  2 . THE CONTRACTING AUTHORITIES SHALL SPECIFY IN THE NOTICE OR IN THE INVITATION TO TENDER WHICH REFERENCE OR REFERENCES THEY HAVE CHOSEN AND WHICH REFERENCES OTHER THAN THOSE MENTIONED UNDER PARAGRAPH 1 ARE TO BE PRODUCED .  3 . IF , FOR ANY VALID REASON , THE SUPPLIER 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 23  1 . EVIDENCE OF THE SUPPLIER'S TECHNICAL CAPACITY MAY BE FURNISHED BY ONE OR MORE OF THE FOLLOWING MEANS ACCORDING TO THE NATURE , QUANTITY AND PURPOSE OF THE GOODS 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 TO PUBLIC AUTHORITIES AWARDING CONTRACTS , EVIDENCE TO BE IN THE FORM OF CERTIFICATES ISSUED OR COUNTERSIGNED BY THE COMPETENT AUTHORITY ;   - WHERE TO PRIVATE PURCHASERS , DELIVERY TO BE CERTIFIED BY THE PURCHASER OR , FAILING THIS , SIMPLY DECLARED BY THE SUPPLIER TO HAVE BEEN EFFECTED ;   ( B ) A DESCRIPTION OF THE UNDERTAKING'S TECHNICAL FACILITIES , ITS MEASURES FOR ENSURING QUALITY AND ITS STUDY AND RESEARCH FACILITIES ;   ( C ) INDICATION OF THE TECHNICIANS OR TECHNICAL BODIES INVOLVED , WHETHER OR NOT BELONGING DIRECTLY TO THE UNDERTAKING , ESPECIALLY THOSE RESPONSIBLE FOR QUALITY CONTROL ;   ( 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 RECOGNIZED COMPETENCE ATTESTING CONFORMITY TO CERTAIN SPECIFICATIONS OR STANDARDS OF GOODS CLEARLY IDENTIFIED BY REFERENCES TO SPECIFICATIONS OR STANDARDS ;   ( F ) WHERE THE GOODS 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 .  2 . THE CONTRACTING AUTHORITY SHALL SPECIFY IN THE NOTICE WHICH REFERENCES HE WISHES TO RECEIVE .  3 . THE EXTENT OF THE INFORMATION REFERRED TO IN PARAGRAPH 1 MUST BE CONFINED TO THE SUBJECT OF THE CONTRACT AND THE CONTRACTING AUTHORITY MUST TAKE INTO CONSIDERATION THE LEGITIMATE INTERESTS OF THE SUPPLIER AS REGARDS THE PROTECTION OF THE TECHNICAL SECRETS OF HIS UNDERTAKING .  ARTICLE 24  WITHIN THE LIMITS OF ARTICLES 20 TO 23 THE CONTRACTING AUTHORITY MAY INVITE THE SUPPLIERS TO SUPPLEMENT THE CERTIFICATES AND DOCUMENTS SUBMITTED OR TO CLARIFY THEM .  CHAPTER 2  CRITERIA FOR THE AWARD OF CONTRACTS  ARTICLE 25  1 . THE CRITERIA ON WHICH THE CONTRACTING AUTHORITY SHALL BASE THE AWARD OF CONTRACTS SHALL BE :   ( A ) EITHER THE LOWEST PRICE ONLY ;   ( B ) OR , WHEN THE AWARD IS MADE TO THE MOST ECONOMICALLY ADVANTAGEOUS TENDER , VARIOUS CRITERIA ACCORDING TO THE CONTRACT IN QUESTION : E.G . PRICE , DELIVERY DATE , RUNNING COSTS COST-EFFECTIVENESS , QUALITY , AESTHETIC AND FUNCTIONAL CHARACTERISTICS , TECHNICAL MERIT , AFTER-SALES SERVICE AND TECHNICAL ASSISTANCE .  2 . IN THE LATTER INSTANCE , THE CONTRACTING AUTHORITIES SHALL STATE IN THE CONTRACT DOCUMENTS OR IN THE CONTRACT NOTICE ALL THE CRITERIA THEY INTEND TO APPLY TO THE AWARD WHERE POSSIBLE IN DESCENDING ORDER OF IMPORTANCE .  3 . THE ITALIAN " ANONYMOUS ENVELOPE " PROCEDURE MAY BE RETAINED FOR A PERIOD OF THREE YEARS FOLLOWING EXPIRY OF THE TIME LIMIT LAID DOWN IN ARTICLE 30 .  4 . PARAGRAPH 1 SHALL NOT APPLY WHEN A MEMBER STATE BASES THE AWARD OF CONTRACTS ON OTHER CRITERIA WITHIN THE FRAMEWORK OF RULES EXISTING AT THE TIME THIS DIRECTIVE IS ADOPTED , WHOSE AIM IS TO GIVE PREFERENCE TO CERTAIN TENDERERS , ON CONDITIONS THAT THE RULES INVOKED ARE COMPATIBLE WITH THE TREATY .  5 . IF , FOR A GIVEN CONTRACT , TENDERS ARE OBVIOUSLY ABNORMALLY LOW IN RELATION TO THE GOODS TO BE SUPPLIED , THE CONTRACTING AUTHORITY SHALL EXAMINE THE DETAILS OF THE TENDERS BEFORE DECIDING TO WHOM IT WILL AWARD THE CONTRACT . FOR THIS PURPOSE IT SHALL REQUEST THE TENDERER TO FURNISH THE NECESSARY EXPLANATIONS AND , WHERE APPROPRIATE , IT SHALL INDICATE WHICH PARTS IT FINDS UNACCEPTABLE .  6 . THE RESULT OF THE EXAMINATION REFERRED TO IN PARAGRAPH 5 SHALL BE TAKEN INTO ACCOUNT WHEN THE CONTRACT IS AWARDED .  7 . IF THE DOCUMENTS RELATING TO THE CONTRACT PROVIDE FOR ITS AWARD AT THE LOWEST PRICE TENDERED , THE CONTRACTING AUTHORITY MUST JUSTIFY THE REJECTION OF TENDERS WHICH IT CONSIDERS TO BE TOO LOW TO THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS .  TITLE V  FINAL PROVISIONS  ARTICLE 26  THIS DIRECTIVE SHALL NOT PREVENT THE IMPLEMENTATION OF PROVISIONS CONTAINED IN ITALIAN LAW NO 835 OF 6 OCTOBER 1950 ( OFFICIAL GAZETTE NO 245 OF 24 OCTOBER 1950 OF THE ITALIAN REPUBLIC ) AND IN MODIFICATIONS THERETO IN FORCE ON THE DATE ON WHICH THIS DIRECTIVE IS ADOPTED ; THIS IS WITHOUT PREJUDICE TO THE COMPATIBILITY OF THESE PROVISIONS WITH THE TREATY .  ARTICLE 27  1 . MEMBER STATES SHALL INFORM THE COMMISSION OF NATIONAL PROVISIONS COVERED BY ARTICLES 25 ( 4 ) AND 26 AND OF THE RULES FOR APPLYING THEM .  2 . MEMBER STATES CONCERNED SHALL FORWARD TO THE COMMISSION , INITIALLY 30 MONTHS AFTER NOTIFICATION OF THE DIRECTIVE AND THEREAFTER EVERY YEAR , A REPORT DESCRIBING THE IMPLEMENTATION OF THESE PROVISIONS . THE REPORTS SHALL BE SUBMITTED TO THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS .  ARTICLE 28  THE CALCULATION OF ALL THE TIME LIMITS LAID DOWN IN THIS DIRECTIVE SHALL BE MADE IN ACCORDANCE WITH COUNCIL REGULATION ( EEC , EURATOM ) NO 1182/71 OF 3 JUNE 1971 DETERMINING THE RULES APPLICABLE TO PERIODS , DATES AND TIME LIMITS ( 9 ) .  ARTICLE 29  1 . IN ORDER TO ALLOW ASSESSMENT OF THE RESULTS OF APPLYING THE DIRECTIVE , MEMBER STATES SHALL FORWARD AN ANNUAL STATISTICAL REPORT TO THE COMMISSION ON THE CONTRACTS AWARDED BY THE CENTRAL OR FEDERAL CONTRACTING AUTHORITIES IN ACCORDANCE WITH THIS DIRECTIVE , THE FIRST ONE TO BE SUBMITTED 30 MONTHS AFTER NOTIFICATION OF THE DIRECTIVE . THE COMMISSION SHALL DETERMINE THE NATURE OF THE STATISTICAL INFORMATION AFTER CONSULTING THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS .  2 . TAKING INTO ACCOUNT IN PARTICULAR THE OUTCOME OF THE MULTILATERAL TRADE NEGOTIATIONS , THE COMMISSION SHALL , AFTER CONSULTING THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS , DETERMINE THE EXTENT , BREAKDOWN AND ARRANGEMENTS FOR THE PUBLICATION OF THIS STATISTICAL REPORT .  3 . THE COMMISSION MAY REQUEST INFORMATION CONCERNING CONTRACTS AWARDED BY OTHER AUTHORITIES WHICH ARE ENTITLED TO AWARD CONTRACTS AND WHICH ARE SUBJECT TO THE DIRECTIVE WITH A VIEW TO DISCUSSING CONTRACTS IN THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS .  ARTICLE 30  MEMBER STATES SHALL ADOPT THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 31  MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE BASIC PROVISIONS OF DOMESTIC LAW , WHETHER LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS , WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE , ARE COMMUNICATED TO THE COMMISSION .  ARTICLE 32  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 21 DECEMBER 1976 .  FOR THE COUNCIL  THE PRESIDENT  A . P . L . M . M . VAN DER STEE  ( 1 ) OJ NO C 46 , 9 . 5 . 1972 , P . 34 .  ( 2 ) OJ NO C 30 , 25 . 3 . 1972 , P . 17 .  ( 3 ) OJ NO C 11 , 15 . 1 . 1977 , P . 1 .  ( 4 ) OJ NO C 11 , 15 . 1 . 1977 , P . 2 .  ( 5 ) OJ NO L 327 , 19 . 12 . 1975 , P . 4 .  ( 6 ) OJ NO C 11 , 15 . 1 . 1977 , P . 3 .  ( 7 ) OJ NO L 185 , 16 . 8 . 1971 , P . 15 .  ( 8 ) SEE PAGE 15 OF THIS OFFICIAL JOURNAL .  ( 9 ) OJ NO L 124 , 8 . 6 . 1971 , P . 1 .  ANNEX I  LIST OF LEGAL PERSONS GOVERNED BY PUBLIC LAW AND BODIES CORRESPONDING THERETO REFERRED TO IN ARTICLE 1 ( B )  I . IN ALL MEMBER STATES :  ASSOCIATIONS GOVERNED BY PUBLIC LAW OR BODIES CORRESPONDING THERETO FORMED BY REGIONAL OR LOCAL AUTHORITIES , E.G . " ASSOCIATIONS DE COMMUNES " ,  " SYNDICATS DE COMMUNES " , " GEMEINDEVERBAENDE " , ETC .  II . IN GERMANY :  THE " BUNDESUNMITTELBAREN KOERPERSCHAFTEN , ANSTALTEN UND STIFTUNGEN DES OEFFENTLICHEN RECHTS " ; THE  " LANDESUNMITTELBAREN KOERPERSCHAFTEN , ANSTALTEN UND STIFTUNGEN DES OEFFENTLICHEN RECHTS " SUBJECT TO STATE BUDGETARY SUPERVISION .  III . IN BELGIUM :   - " LE FONDS DES ROUTES 1955-1969 " - " HET WEGENFONDS " ,   - " LA REGIE DES VOIES AERIENNES " - " DE REGIE DER LUCHTWEGEN " ,   - PUBLIC SOCIAL ASSISTANCE CENTRES ,   - CHURCH COUNCILS ,   - " L'OFFICE REGULATEUR DE LA NAVIGATION INTERIEURE " - " DE DIENST VOOR REGELING VAN DE BINNENVAART " ,   - " LA REGIE DES SERVICES FRIGORIFIQUES DE L'ETAT BELGE " - " DE REGIE DER BELGISCHE RIJKSKOEL - EN VRIESDIENSTEN " .  IV . IN DENMARK :   " ANDRE FORVALTNINGSSUBJEKTER " .  V . IN FRANCE :   - ADMINISTRATIVE PUBLIC BODIES AT NATIONAL , REGIONAL , DEPARTMENTAL AND LOCAL LEVELS ,   - UNIVERSITIES , PUBLIC SCIENTIFIC AND CULTURAL BODIES AND OTHER ESTABLISHMENTS AS DEFINED BY THE LAW SETTING OUT GUIDELINES FOR HIGHER EDUCATION NO 68-978 OF 12 NOVEMBER 1968  VI . IN IRELAND :  OTHER PUBLIC AUTHORITIES WHOSE PUBLIC SUPPLY CONTRACTS ARE SUBJECT TO CONTROL BY THE STATE .  VII . IN ITALY :   - STATE UNIVERSITIES , STATE UNIVERSITY INSTITUTES , CONSORTIA FOR UNIVERSITY DEVELOPMENT WORKS , - HIGHER SCIENTIFIC AND CULTURAL INSTITUTES , ASTRONOMICAL , ASTROPHYSICAL , GEOPHYSICAL OR VULCANOLOGICAL OBSERVATORIES ,   - THE " ENTI DI RIFORMA FONDIARIA " ,   - WELFARE AND BENEVOLENT INSTITUTES OF ALL KINDS .  VIII . IN LUXEMBOURG :  PUBLIC BODIES SUBJECT TO CONTROL BY THE GOVERNMENT , BY AN ASSOCIATION OF MUNICIPAL CORPORATIONS OR BY A MUNICIPAL CORPORATION .  IX . IN THE NETHERLANDS :   - THE " WATERSCHAPPEN " ,   - THE " INSTELLINGEN VAN WETENSCHAPPELIJK ONDERWIJS VERMELD IN ARTICLE 15 VAN DE WET OP HET WETENSCHAPPELIJK ONDERWIJS ( 1960 ) " , THE  " ACADEMISCHE ZIEKENHUIZEN " ,   - THE " NEDERLANDSE CENTRALE ORGANISATIE VOOR TOEGEPAST NATUURWETENSCHAPPELIJK ONDERZOEK ( TNO ) " AND ITS DEPENDENT ORGANIZATIONS .  X . IN THE UNITED KINGDOM :   - EDUCATION AUTHORITIES ,   - FIRE AUTHORITIES ,   - NATIONAL HEALTH SERVICE AUTHORITIES ,   - POLICE AUTHORITIES ,   - COMMISSION FOR THE NEW TOWNS ,   - NEW TOWNS CORPORATIONS ,   - SCOTTISH SPECIAL HOUSING ASSOCIATION ,   - NORTHERN IRELAND HOUSING EXECUTIVE .  ANNEX II  TECHNICAL SPECIFICATIONS WITHIN THE MEANING OF THIS DIRECTIVE  WITHIN THE MEANING OF THIS DIRECTIVE , TECHNICAL SPECIFICATIONS IN THE FIELD OF PUBLIC SUPPLY CONTRACTS SHALL COMPRISE ALL THE TECHNICAL REQUIREMENTS GIVEN IN THE CONTRACT DOCUMENTS WHICH PERMIT AN OBJECTIVE DESCRIPTION OF A MATERIAL , PRODUCT OR SUPPLY  ( ESPECIALLY QUALITY , PERFORMANCE ) SO THAT THAT MATERIAL , PRODUCT OR SUPPLY FULFILS THE PURPOSE FOR WHICH IT IS INTENDED BY THE CONTRACTING AUTHORITY .  THE TECHNICAL SPECIFICATIONS SHALL INCLUDE ALL THE RELEVANT MECHANICAL , PHYSICAL AND CHEMICAL PROPERTIES , THE CLASSIFICATIONS AND STANDARDS , AND THE TEST , INSPECTION AND ACCEPTANCE CONDITIONS FOR SUPPLIES OR THE MATERIALS AND PARTS WHICH THEY INVOLVE , IN SO FAR AS THEY ARE REQUIRED BY THE CONTRACTING AUTHORITY . A SAMPLE OF THE MATERIAL OR PART TO BE SUPPLIED MAY BE PROVIDED IN ADDITION TO OR IN SUBSTITUTION FOR THE TECHNICAL SPECIFICATIONS .  ANNEX III  MODEL NOTICES OF SUPPLY CONTRACTS  A . OPEN PROCEDURES  1 . THE NAME , ADDRESS , TELEPHONE NUMBER AND , WHERE APPLICABLE , TELEGRAPHIC ADDRESS AND TELEX NUMBER OF THE CONTRACTING AUTHORITY ( ARTICLE 13 ( E ) ) : ...  2 . THE AWARD PROCEDURE CHOSEN ( ARTICLE 13 ( B ) ) : ...  3 . ( A ) THE PLACE OF DELIVERY ( ARTICLE 13 ( C ) ) : ...   ( B ) THE NATURE AND QUANTITY OF GOODS TO BE SUPPLIED ( ARTICLE 13 ( C ) ) : ...   ( C ) WHETHER SUPPLIERS CAN TENDER FOR SOME AND/OR ALL OF THE GOODS REQUIRED ( ARTICLE 13 ( C ) ) : ...  4 . ANY TIME LIMIT FOR DELIVERY ( ARTICLE 13 ( D ) ) : ...  5 . ( A ) NAME AND ADDRESS OF THE SERVICE FROM WHICH THE RELEVANT DOCUMENTS MAY BE REQUESTED ( ARTICLE 13  ( F ) ) : ...   ( B ) THE FINAL DATE FOR MAKING SUCH REQUEST  ( ARTICLE 13 ( F ) ) : ...   ( C ) WHERE APPLICABLE , THE AMOUNT AND TERMS OF PAYMENT OF ANY SUM PAYABLE FOR SUCH DOCUMENTS ( ARTICLE 13 ( F ) ) : ...  6 . ( A ) THE FINAL DATE FOR RECEIPT OF TENDERS  ( ARTICLE 13 ( G ) ) : ...   ( B ) THE ADDRESS TO WHICH THEY MUST BE SENT  ( ARTICLE 13 ( G ) ) : ...   ( C ) THE LANGUAGE OR LANGUAGES IN WHICH THEY MUST BE DRAWN UP ( ARTICLE 13 ( G ) ) : ...  7 . ( A ) THE PERSONS AUTHORIZED TO BE PRESENT AT THE OPENING OF TENDERS ( ARTICLE 13 ( H ) ) : ...   ( B ) THE DATE , TIME AND PLACE OF THIS OPENING  ( ARTICLE 13 ( H ) ) : ...  8 . ANY DEPOSITS AND GUARANTEES REQUIRED ( ARTICLE 13  ( I ) ) : ...  9 . THE MAIN TERMS CONCERNING FINANCING AND PAYMENT AND/OR REFERENCES TO THE PROVISIONS REGULATING THESE  ( ARTICLE 13 ( J ) ) : ...  10 . WHERE APPLICABLE , THE LEGAL FORM TO BE TAKEN BY THE GROUPING OF SUPPLIERS WINNING THE CONTRACT  ( ARTICLE 13 ( K ) ) : ...  11 . THE INFORMATION AND FORMALITIES NECESSARY FOR AN APPRAISAL OF THE MINIMUM ECONOMIC AND TECHNICAL STANDARDS REQUIRED OF THE SUPPLIER ( ARTICLE 13 ( L ) ) : ...  12 . THE PERIOD DURING WHICH THE TENDERER IS BOUND TO KEEP OPEN HIS TENDER ( ARTICLE 13 ( M ) ) : ...  13 . THE CRITERIA FOR THE AWARD OF THE CONTRACT . CRITERIA OTHER THAN THAT OF THE LOWEST PRICE SHALL BE MENTIONED IF THEY DO NOT APPEAR IN THE CONTRACT DOCUMENTS ( ARTICLE 25 ) : ...  14 . OTHER INFORMATION : ...  15 . THE DATE OF DISPATCH OF THE NOTICE ( ARTICLE 13  ( A ) ) : ...  B . RESTRICTED PROCEDURES  1 . THE NAME , ADDRESS , TELEPHONE NUMBER AND , WHERE APPLICABLE , TELEGRAPHIC ADDRESS AND TELEX NUMBER OF THE CONTRACTING AUTHORITY ( ARTICLE 14 ( A ) ) : ...  2 . THE AWARD PROCEDURE CHOSEN ( ARTICLE 14 ( A ) ) : ...  3 . ( A ) THE PLACE OF DELIVERY ( ARTICLE 14 ( A ) ) : ...   ( B ) THE NATURE AND QUANTITY OF GOODS TO BE SUPPLIED ( ARTICLE 14 ( A ) ) : ...   ( C ) WHETHER SUPPLIERS CAN TENDER FOR SOME AND/OR ALL OF THE GOODS REQUIRED ( ARTICLE 14 ( A ) ) : ...  4 . ANY TIME LIMIT FOR DELIVERY ( ARTICLE 14 ( A ) ) : ...  5 . WHERE APPLICABLE , THE LEGAL FORM TO BE ASSUMED BY THE GROUPING OF SUPPLIERS WINNING THE CONTRACT  ( ARTICLE 14 ( A ) ) : ...  6 . ( A ) THE FINAL DATE FOR THE RECEIPT OF REQUESTS TO PARTICIPATE ( ARTICLE 14 ( B ) ) : ...   ( B ) THE ADDRESS TO WHICH THEY MUST BE SENT ( ARTICLE 14 ( B ) ) : ...   ( C ) THE LANGUAGE OR LANGUAGES IN WHICH THEY MUST BE DRAWN UP ( ARTICLE 14 ( B ) ) : ...  7 . THE FINAL DATE FOR THE DISPATCH OF INVITATIONS TO TENDER ( ARTICLE 14 ( C ) ) : ...  8 . INFORMATION CONCERNING THE SUPPLIER'S PERSONAL POSITION , AND THE INFORMATION AND FORMALITIES NECESSARY FOR AN APPRAISAL OF THE MINIMUM ECONOMIC AND TECHNICAL STANDARDS REQUIRED OF HIM ( ARTICLE 14  ( D ) ) : ...  9 . THE CRITERIA FOR THE AWARD OF THE CONTRACT IF THESE ARE NOT STATED IN THE INVITATION TO TENDER  ( ARTICLE 15 ( D ) ) : ...  10 . OTHER INFORMATION : ...  11 . THE DATE OF DISPATCH OF THE NOTICE ( ARTICLE 14  ( A ) ) : ...