| | Preamble to Directive 1993/36COUNCIL 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)
[1] 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;
[2] 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)
[3] 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;
[4] Whereas it is also necessary to introduce some drafting changes aimed at improving the clarity of existing provisions;
[5] 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;
[6] Whereas such coordination should take into account as far as possible the procedures and administrative practices in force in each Member State;
[7] Whereas the Community is a Party to the Agreement on government procurement(7) , hereinafter referred to as 'the GATT Agreement';
[8] 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;
[9] 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) ;
[10] 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;
[11] 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;
[12] Whereas the negotiated procedure should be considered to be exceptional and therefore applicable only in limited cases;
[13] Whereas it is necessary to provide common rules in the technical field which take account of the Community policy on standards and specifications;
[14] 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;
[15] 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;
[16] 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;
[17] 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;
[18] 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:
(1) OJ No C 277, 26. 10. 1992, p. 1.
(2) OJ No C 72, 15. 3. 1993, p. 73 and Decision of 26. 5. 1993 (not yet published in the Official Journal).
(3) OJ No C 332, 16. 12. 1992, p. 72.
(4) OJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50EEC (OJ No L 209, 24. 7. 1992, p. 1).
(5) See p. 54 of this Official Journal.
(6) OJ No L 209, 24. 7. 1992, p. 1.
(7) OJ No L 71, 17. 3. 1980, p. 44 and OJ No L 345, 9. 12. 1987, p. 24.
(8) OJ No L 297, 29. 10. 1990, p. 1. |
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