NORDIC PROCUREMENT ENFORCEMENT
  LEGAL RESEARCH PROJECT
   

   
 
 
 
    
 
 
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32004L0018: c3-1.14

Common Procurement Vocabulary, CPV

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 1.14
14. The "Common Procurement Vocabulary (CPV)" shall designate the reference nomenclature applicable to public contracts as adopted by Regulation (EC) No 2195/2002, while ensuring equivalence with the other existing nomenclatures.
    In the event of varying interpretations of the scope of this Directive, owing to possible differences between the CPV and NACE nomenclatures listed in Annex I, or between the CPV and CPC (provisional version) nomenclatures listed in Annex II, the NACE or the CPC nomenclature respectively shall take precedence.
32004L0017 - Utilities (3rd generation) Article 1.13
13. "Common Procurement Vocabulary (CPV)" means the reference nomenclature applicable to public contracts as adopted by Regulation (EC) No 2195/2002 of 5 November 2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CVP)(26) while ensuring equivalence with the other existing nomenclatures.
    In the event of varying interpretations of the scope of this Directive, owing to possible differences between the CPV and NACE nomenclatures listed in Annex XII or between the CPV and CPC (provisional version) nomenclatures listed in Annex XVII, the NACE or the CPC nomenclature respectively shall take precedence.
31996X0527 - Joint recommendation for Classic and Utilities (2nd generation)Point 1-4
1. It is recommended that contracting authorities and contracting entities covered by Directives 92/50/EEC, 93/36/EEC, 93/37/EEC and 93/38/EEC use the terms and codes of the CPV, the text of which is published in the Supplement to the Official Journal of the European Communities and which will be updated regularly, to describe the nature and scale of their public contracts in the notices they submit to the Office for Official Publications of the European Communities. As regards notices of public works contracts, it is recommended that the CPV be used instead of the General Public Works Nomenclature set out in the Supplement to the Official Journal of the European Communities No S 217 of 16 November 1991.
    2. It is recommended that suppliers of goods, works and services, and their agents, use the CPV to describe contracts of interest to them among the notices published in the Supplement to the Official Journal of the European Communities and via the Tenders Electronic Daily (TED) database.
    3. It is recommended that Member States take all necessary measures to publicize the CPV and to encourage and facilitate its use by contracting authorities, contracting entities and suppliers.
    4. It is recommended that all users, where they find that the CPV does not describe the nature and scale of public contracts with the necessary clarity and precision, inform the Commission thereof and, where possible, propose amendments or additions, using the form annexed to the CPV.
32002R2195 - Joint regulation for Classic and Utilities (2nd generation)1
Article 1 1. A single classification system applicable to public procurement, known as the "Common Procurement Vocabulary" or "CPV" is hereby established. 2. The text of the CPV is set out in Annex I. 3. The illustrative tables showing the correspondence between the CPV and the Statistical Classification of Products by Activity in the EEC (CPA), the Provisional Central Product Classification (CPC Prov.) of the United Nations, the General Industrial Classification of Economic Activities within the European Communities (NACE Rev. 1) and the Combined Nomenclature (CN) are set out in Annexes II, III, IV and V respectively.
31991H0561 - Joint recommendation for Classic (1st generation)Point 1
1. It is recommended that the Member States take the necessary measures to ensure that:
- contracting authorities within the meaning of Article 1 of the abovementioned Directives make optional use, for advertising public contracts in the Official Journal of the European Communities, of standard forms for notices,
- for public works contracts, contracting authorities within the meaning of Directive 71/305/EEC for the Kingdom of Spain, the Hellenic Republic and the Portuguese Republic and within the meaning of that Directive as amended by Directive 89/440/EEC for the other Member States make optional use of the 'General Public Works Nomenclature' for the description of the work put out to tender.

EU Cases

Case PteRefText
C-76/97
Tögel		29-30 + 35-40S2-II-a
S2-II-b
P2X1-1		29 By the first part of the third question the national court asks whether services consisting in the transport of injured and sick persons with a nurse in attendance, which are the services at issue in the main proceedings, come within Annex I A or Annex I B to Directive 92/50, to which Article 10 of that directive refers.
    30 As regards the designation of the services governed by contracts covered by Directive 92/50, Articles 8 and 9 thereof refer to respectively Annex I A and Annex I B to that directive. In that connection, both Annex I A and Annex I B to Directive 92/50 refer to the CPC nomenclature.

35 In that connection, it should be observed that, according to Article 1(3) of Regulation No 3696/93, the classification provided for in the CPA must be used for statistical purposes and that, according to point 1 of Recommendation 96/527, the CPV is intended only to be used for the drawing up of notices and other communications published in connection with public tendering procedures.
    36 It follows that the designations of services listed in Category No 2 of Annex I A and Category No 25 of Annex I B cannot be interpreted in the light of the CPA or the CPV.
    37 On the other hand, as Advocate General Fennelly observes at paragraph 32 of his Opinion, the seventh recital in the preamble to Directive 92/50 clearly indicates that the reference in Annexes I A and I B to the CPC nomenclature is binding.
    38 It must be observed next that, as Advocate General Fennelly explains more fully at paragraphs 36 to 48 of his Opinion, the global approach advocated by France at the hearing, which consists in allocating each service in its entirety to either Annex I A or Annex I B depending on the presence or absence of medical assistance, does not reflect the clear distinction in the Annexes between transport and medical services delivered in the ambulance.
    39 Consequently, CPC reference number 93 appearing in Category No 25 (Health and social services) in Annex I B, clearly indicates that this category relates solely to the medical aspects of health services governed by a public contract such as the one at issue in the main proceedings, to the exclusion of the transport aspects, which come under Category No 2 (Land transport services), which have the CPC reference number 712.
    40 The reply to be given to the first part of the third question must therefore be that services consisting in the transport of injured and sick persons with a nurse in attendance come within both Annex I A, Category No 2, and Annex I B, Category No 25, to Directive 92/50, so that a contract for those services is covered by Article 10 of Directive 92/50.