THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 47(2) and Article 55 and Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the
Treaty(4), in the light of the joint text approved by the Conciliation Committee
on 9 December 2003,
Whereas:
(1) On the occasion of new amendments being made to Council Directives 92/50/EEC
of 18 June 1992 relating to the coordination of procedures for the award of
public service contracts(5), 93/36/EEC of 14 June 1993 coordinating procedures
for the award of public supply contracts(6) and 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of public works
contracts(7), which are necessary to meet requests for simplification and
modernisation made by contracting authorities and economic operators alike in
their responses to the Green Paper adopted by the Commission on 27 November
1996, the Directives should, in the interests of clarity, be recast. This
Directive is based on Court of Justice case-law, in particular case-law on award
criteria, which clarifies the possibilities for the contracting authorities to
meet the needs of the public concerned, including in the environmental and/or
social area, provided that such criteria are linked to the subject-matter of the
contract, do not confer an unrestricted freedom of choice on the contracting
authority, are expressly mentioned and comply with the fundamental principles
mentioned in recital 2.
(2) The award of contracts concluded in the Member States on behalf of the
State, regional or local authorities and other bodies governed by public law
entities, is subject to the respect of the principles of the Treaty and in
particular to the principle of freedom of movement of goods, the principle of
freedom of establishment and the principle of freedom to provide services and to
the principles deriving therefrom, such as the principle of equal treatment, the
principle of non-discrimination, the principle of mutual recognition, the
principle of proportionality and the principle of transparency. However, for
public contracts above a certain value, it is advisable to draw up provisions of
Community coordination of national procedures for the award of such contracts
which are based on these principles so as to ensure the effects of them and to
guarantee the opening-up of public procurement to competition. These
coordinating provisions should therefore be interpreted in accordance with both
the aforementioned rules and principles and other rules of the Treaty.
(3) Such coordinating provisions should comply as far as possible with current
procedures and practices in each of the Member States.
(4) Member States should ensure that the participation of a body governed by
public law as a tenderer in a procedure for the award of a public contract does
not cause any distortion of competition in relation to private tenderers.
(5) Under Article 6 of the Treaty, environmental protection requirements are to
be integrated into the definition and implementation of the Community policies
and activities referred to in Article 3 of that Treaty, in particular with a
view to promoting sustainable development. This Directive therefore clarifies
how the contracting authorities may contribute to the protection of the
environment and the promotion of sustainable development, whilst ensuring the
possibility of obtaining the best value for money for their contracts.
(6) Nothing in this Directive should prevent the imposition or enforcement of
measures necessary to protect public policy, public morality, public security,
health, human and animal life or the preservation of plant life, in particular
with a view to sustainable development, provided that these measures are in
conformity with the Treaty.
(7) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on
behalf of the European Community, as regards matters within its competence, of
the Agreements reached in the Uruguay Round multilateral negotiations (1986 to
1994)(8), approved in particular the WTO Agreement on Government Procurement,
hereinafter referred to as the "Agreement", the aim of which is to establish a
multilateral framework of balanced rights and obligations relating to public
contracts with a view to achieving the liberalisation and expansion of world
trade.
In view of the international rights and commitments devolving on the Community
as a result of the acceptance of the Agreement, the arrangements to be applied
to tenderers and products from signatory third countries are those defined by
the Agreement. This Agreement does not have direct effect. The contracting
authorities covered by the Agreement which comply with this Directive and which
apply the latter to economic operators of third countries which are signatories
to the Agreement should therefore be in conformity with the Agreement. It is
also appropriate that those coordinating provisions should guarantee for
Community economic operators conditions for participation in public procurement
which are just as favourable as those reserved for economic operators of third
countries which are signatories to the Agreement.
(8) Before launching a procedure for the award of a contract, contracting
authorities may, using a technical dialogue, seek or accept advice which may be
used in the preparation of the specifications provided, however, that such
advice does not have the effect of precluding competition.
(9) In view of the diversity of public works contracts, contracting authorities
should be able to make provision for contracts for the design and execution of
work to be awarded either separately or jointly. It is not the intention of this
Directive to prescribe either joint or separate contract awards. The decision to
award contracts separately or jointly must be determined by qualitative and
economic criteria, which may be defined by national law.
(10) A contract shall be deemed to be a public works contract only if its
subject matter specifically covers the execution of activities listed in Annex
I, even if the contract covers the provision of other services necessary for the
execution of such activities. Public service contracts, in particular in the
sphere of property management services, may, in certain circumstances, include
works. However, insofar as such works are incidental to the principal
subject-matter of the contract, and are a possible consequence thereof or a
complement thereto, the fact that such works are included in the contract does
not justify the qualification of the contract as a public works contract.
(11) A Community definition of framework agreements, together with specific
rules on framework agreements concluded for contracts falling within the scope
of this Directive, should be provided. Under these rules, when a contracting
authority enters into a framework agreement in accordance with the provisions of
this Directive relating, in particular, to advertising, time limits and
conditions for the submission of tenders, it may enter into contracts based on
such a framework agreement during its term of validity either by applying the
terms set forth in the framework agreement or, if all terms have not been fixed
in advance in the framework agreement, by reopening competition between the
parties to the framework agreement in relation to those terms. The reopening of
competition should comply with certain rules the aim of which is to guarantee
the required flexibility and to guarantee respect for the general principles, in
particular the principle of equal treatment. For the same reasons, the term of
the framework agreements should not exceed four years, except in cases duly
justified by the contracting authorities.
(12) Certain new electronic purchasing techniques are continually being
developed. Such techniques help to increase competition and streamline public
purchasing, particularly in terms of the savings in time and money which their
use will allow. Contracting authorities may make use of electronic purchasing
techniques, providing such use complies with the rules drawn up under this
Directive and the principles of equal treatment, non-discrimination and
transparency. To that extent, a tender submitted by a tenderer, in particular
where competition has been reopened under a framework agreement or where a
dynamic purchasing system is being used, may take the form of that tenderer's
electronic catalogue if the latter uses the means of communication chosen by the
contracting authority in accordance with Article 42.
(13) In view of the rapid expansion of electronic purchasing systems,
appropriate rules should now be introduced to enable contracting authorities to
take full advantage of the possibilities afforded by these systems. Against this
background, it is necessary to define a completely electronic dynamic purchasing
system for commonly used purchases, and lay down specific rules for setting up
and operating such a system in order to ensure the fair treatment of any
economic operator who wishes to take part therein. Any economic operator which
submits an indicative tender in accordance with the specification and meets the
selection criteria should be allowed to join such a system. This purchasing
technique allows the contracting authority, through the establishment of a list
of tenderers already selected and the opportunity given to new tenderers to take
part, to have a particularly broad range of tenders as a result of the
electronic facilities available, and hence to ensure optimum use of public funds
through broad competition.
(14) Since use of the technique of electronic auctions is likely to increase,
such auctions should be given a Community definition and governed by specific
rules in order to ensure that they operate in full accordance with the
principles of equal treatment, non-discrimination and transparency. To that end,
provision should be made for such electronic auctions to deal only with
contracts for works, supplies or services for which the specifications can be
determined with precision. Such may in particular be the case for recurring
supplies, works and service contracts. With the same objective, it must also to
be possible to establish the respective ranking of the tenderers at any stage of
the electronic auction. Recourse to electronic auctions enables contracting
authorities to ask tenderers to submit new prices, revised downwards, and when
the contract is awarded to the most economically advantageous tender, also to
improve elements of the tenders other than prices. In order to guarantee
compliance with the principle of transparency, only the elements suitable for
automatic evaluation by electronic means, without any intervention and/or
appreciation by the contracting authority, may be the object of electronic
auctions, that is, only the elements which are quantifiable so that they can be
expressed in figures or percentages. On the other hand, those aspects of the
tenders which imply an appreciation of non-quantifiable elements should not be
the object of electronic auctions. Consequently, certain works contracts and
certain service contracts having as their subject-matter intellectual
performances, such as the design of works, should not be the object of
electronic auctions.
(15) Certain centralised purchasing techniques have been developed in Member
States. Several contracting authorities are responsible for making acquisitions
or awarding public contracts/framework agreements for other contracting
authorities. In view of the large volumes purchased, those techniques help
increase competition and streamline public purchasing. Provision should
therefore be made for a Community definition of central purchasing bodies
dedicated to contracting authorities. A definition should also be given of the
conditions under which, in accordance with the principles of non-discrimination
and equal treatment, contracting authorities purchasing works, supplies and/or
services through a central purchasing body may be deemed to have complied with
this Directive.
(16) In order to take account of the different circumstances obtaining in Member
States, Member States should be allowed to choose whether contracting
authorities may use framework agreements, central purchasing bodies, dynamic
purchasing systems, electronic auctions or the competitive dialogue procedure,
as defined and regulated by this Directive.
(17) Multiplying the number of thresholds for applying the coordinating
provisions complicates matters for contracting authorities. Furthermore, in the
context of monetary union such thresholds should be established in euro.
Accordingly, thresholds should be set, in euro, in such a way as to simplify the
application of such provisions, while at the same time ensuring compliance with
the thresholds provided for by the Agreement which are expressed in special
drawing rights. In this context, provision should also be made for periodic
reviews of the thresholds expressed in euro so as to adjust them, where
necessary, in line with possible variations in the value of the euro in relation
to the special drawing right.
(18) The field of services is best delineated, for the purpose of applying the
procedural rules of this Directive and for monitoring purposes, by subdividing
it into categories corresponding to particular headings of a common
classification and by bringing them together in two Annexes, II A and II B,
according to the regime to which they are subject. As regards services in Annex
II B, the relevant provisions of this Directive should be without prejudice to
the application of Community rules specific to the services in question.
(19) As regards public service contracts, full application of this Directive
should be limited, for a transitional period, to contracts where its provisions
will permit the full potential for increased cross-frontier trade to be realised.
Contracts for other services need to be monitored during this transitional
period before a decision is taken on the full application of this Directive. In
this respect, the mechanism for such monitoring needs to be defined. This
mechanism should, at the same time, enable interested parties to have access to
the relevant information.
(20) Public contracts which are awarded by the contracting authorities operating
in the water, energy, transport and postal services sectors and which fall
within the scope of those activities are covered by Directive 2004/17/EC of the
European Parliament and of the Council of 31 March 2004 coordinating the
procurement procedures of entities operating in the water, energy, transport and
postal services sectors(9). However, contracts awarded by the contracting
authorities in the context of their service activities for maritime, coastal or
river transport must fall within the scope of this Directive.
(21) In view of the situation of effective market competition in the
telecommunications sector following the implementation of the Community rules
aimed at liberalising that sector, public contracts in that area should be
excluded from the scope of this Directive insofar as they are intended primarily
to allow the contracting authorities to exercise certain activities in the
telecommunications sector. Those activities are defined in accordance with the
definitions used in Articles 1, 2 and 8 of Council Directive 93/38/EEC of 14
June 1993 coordinating the procurement procedures of entities operating in the
water, energy, transport and telecommunications sector(10), such that this
Directive does not apply to contracts which have been excluded from the scope of
Directive 93/38/EEC pursuant to Article 8 thereof.
(22) Provision should be made for cases in which it is possible to refrain from
applying the measures for coordinating procedures on grounds relating to State
security or secrecy, or because specific rules on the awarding of contracts
which derive from international agreements, relating to the stationing of
troops, or which are specific to international organisations are applicable.
(23) Pursuant to Article 163 of the Treaty, the encouragement of research and
technological development is a means of strengthening the scientific and
technological basis of Community industry, and the opening-up of public service
contracts contributes to this end. This Directive should not cover the
cofinancing of research and development programmes: research and development
contracts other than those where the benefits accrue exclusively to the
contracting authority for its use in the conduct of its own affairs, on
condition that the service provided is wholly remunerated by the contracting
authority, are not therefore covered by this Directive.
(24) In the context of services, contracts for the acquisition or rental of
immovable property or rights to such property have particular characteristics
which make the application of public procurement rules inappropriate.
(25) The awarding of public contracts for certain audiovisual services in the
field of broadcasting should allow aspects of cultural or social significance to
be taken into account which render application of procurement rules
inappropriate. For these reasons, an exception must therefore be made for public
service contracts for the purchase, development, production or co-production of
off-the-shelf programmes and other preparatory services, such as those relating
to scripts or artistic performances necessary for the production of the
programme and contracts concerning broadcasting times. However, this exclusion
should not apply to the supply of technical equipment necessary for the
production, co-production and broadcasting of such programmes. A broadcast
should be defined as transmission and distribution using any form of electronic
network.
(26) Arbitration and conciliation services are usually provided by bodies or
individuals designated or selected in a manner which cannot be governed by
procurement rules.
(27) In accordance with the Agreement, the financial services covered by this
Directive do not include instruments of monetary policy, exchange rates, public
debt, reserve management or other policies involving transactions in securities
or other financial instruments, in particular transactions by the contracting
authorities to raise money or capital. Accordingly, contracts relating to the
issue, purchase, sale or transfer of securities or other financial instruments
are not covered. Central bank services are also excluded.
(28) Employment and occupation are key elements in guaranteeing equal
opportunities for all and contribute to integration in society. In this context,
sheltered workshops and sheltered employment programmes contribute efficiently
towards the integration or reintegration of people with disabilities in the
labour market. However, such workshops might not be able to obtain contracts
under normal conditions of competition. Consequently, it is appropriate to
provide that Member States may reserve the right to participate in award
procedures for public contracts to such workshops or reserve performance of
contracts to the context of sheltered employment programmes.
(29) The technical specifications drawn up by public purchasers need to allow
public procurement to be opened up to competition. To this end, it must be
possible to submit tenders which reflect the diversity of technical solutions.
Accordingly, it must be possible to draw up the technical specifications in
terms of functional performance and requirements, and, where reference is made
to the European standard or, in the absence thereof, to the national standard,
tenders based on equivalent arrangements must be considered by contracting
authorities. To demonstrate equivalence, tenderers should be permitted to use
any form of evidence. Contracting authorities must be able to provide a reason
for any decision that equivalence does not exist in a given case. Contracting
authorities that wish to define environmental requirements for the technical
specifications of a given contract may lay down the environmental
characteristics, such as a given production method, and/or specific
environmental effects of product groups or services. They can use, but are not
obliged to use appropriate specifications that are defined in eco-labels, such
as the European Eco-label, (multi-)national eco-labels or any other eco-label
providing the requirements for the label are drawn up and adopted on the basis
of scientific information using a procedure in which stakeholders, such as
government bodies, consumers, manufacturers, distributors and environmental
organisations can participate, and providing the label is accessible and
available to all interested parties. Contracting authorities should, whenever
possible, lay down technical specifications so as to take into account
accessibility criteria for people with disabilities or design for all users. The
technical specifications should be clearly indicated, so that all tenderers know
what the requirements established by the contracting authority cover.
(30) 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.
(31) Contracting authorities which carry out particularly complex projects may,
without this being due to any fault on their part, find it objectively
impossible to define the means of satisfying their needs or of assessing what
the market can offer in the way of technical solutions and/or financial/legal
solutions. This situation may arise in particular with the implementation of
important integrated transport infrastructure projects, large computer networks
or projects involving complex and structured financing the financial and legal
make-up of which cannot be defined in advance. To the extent that use of open or
restricted procedures does not allow the award of such contracts, a flexible
procedure should be provided which preserves not only competition between
economic operators but also the need for the contracting authorities to discuss
all aspects of the contract with each candidate. However, this procedure must
not be used in such a way as to restrict or distort competition, particularly by
altering any fundamental aspects of the offers, or by imposing substantial new
requirements on the successful tenderer, or by involving any tenderer other than
the one selected as the most economically advantageous.
(32) In order to encourage the involvement of small and medium-sized
undertakings in the public contracts procurement market, it is advisable to
include provisions on subcontracting.
(33) Contract performance conditions are compatible with this Directive provided
that they are not directly or indirectly discriminatory and are indicated in the
contract notice or in the contract documents. They may, in particular, be
intended to favour on-site vocational training, the employment of people
experiencing particular difficulty in achieving integration, the fight against
unemployment or the protection of the environment. For instance, mention may be
made, amongst other things, of the requirements - applicable during performance
of the contract - to recruit long-term job-seekers or to implement training
measures for the unemployed or young persons, to comply in substance with the
provisions of the basic International Labour Organisation (ILO) Conventions,
assuming that such provisions have not been implemented in national law, and to
recruit more handicapped persons than are required under national legislation.
(34) The laws, regulations and collective agreements, at both national and
Community level, which are in force in the areas of employment conditions and
safety at work apply during performance of a public contract, providing that
such rules, and their application, comply with Community law. In cross-border
situations, where workers from one Member State provide services in another
Member State for the purpose of performing a public contract, Directive 96/71/EC
of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services(11) lays down
the minimum conditions which must be observed by the host country in respect of
such posted workers. If national law contains provisions to this effect,
non-compliance with those obligations may be considered to be grave misconduct
or an offence concerning the professional conduct of the economic operator
concerned, liable to lead to the exclusion of that economic operator from the
procedure for the award of a public contract.
(35) In view of new developments in information and communications technology,
and the simplifications these can bring in terms of publicising contracts and
the efficiency and transparency of procurement processes, electronic means
should be put on a par with traditional means of communication and information
exchange. As far as possible, the means and technology chosen should be
compatible with the technologies used in other Member States.
(36) 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. The
information contained in these notices must enable economic operators in the
Community to determine whether the proposed contracts are of interest to them.
For this purpose, it is appropriate to give them adequate information on the
object of the contract and the conditions attached thereto. Improved visibility
should therefore be ensured for public notices by means of appropriate
instruments, such as standard contract notice forms and the Common Procurement
Vocabulary (CPV) provided for in Regulation (EC) No 2195/2002 of the European
Parliament and of the Council(12) as the reference nomenclature for public
contracts. In restricted procedures, advertisement is, more particularly,
intended to enable contractors of Member States to express their interest in
contracts by seeking from the contracting authorities invitations to tender
under the required conditions.
(37) Directive 1999/93/EC of the European Parliament and of the Council of 13
December 1999 on a Community framework for electronic signatures(13) and
Directive 2000/31/EC of the European Parliament and of the Council of 8 June
2000 on certain legal aspects of information society services, in particular
electronic commerce, in the internal market ("Directive on electronic
commerce")(14) should, in the context of this Directive, apply to the
transmission of information by electronic means. The public procurement
procedures and the rules applicable to service contests require a level of
security and confidentiality higher than that required by these Directives.
Accordingly, the devices for the electronic receipt of offers, requests to
participate and plans and projects should comply with specific additional
requirements. To this end, use of electronic signatures, in particular advanced
electronic signatures, should, as far as possible, be encouraged. Moreover, the
existence of voluntary accreditation schemes could constitute a favourable
framework for enhancing the level of certification service provision for these
devices.
(38) The use of electronic means leads to savings in time. As a result,
provision should be made for reducing the minimum periods where electronic means
are used, subject, however, to the condition that they are compatible with the
specific mode of transmission envisaged at Community level.
(39) Verification of the suitability of tenderers, in open procedures, and of
candidates, in restricted and negotiated procedures with publication of a
contract notice and in the competitive dialogue, and the selection thereof,
should be carried out in transparent conditions. For this purpose,
non-discriminatory criteria should be indicated which the contracting
authorities may use when selecting competitors and the means which economic
operators may use to prove they have satisfied those criteria. In the same
spirit of transparency, the contracting authority should be required, as soon as
a contract is put out to competition, to indicate the selection criteria it will
use and the level of specific competence it may or may not demand of the
economic operators before admitting them to the procurement procedure.
(40) A contracting authority may limit the number of candidates in the
restricted and negotiated procedures with publication of a contract notice, and
in the competitive dialogue. Such a reduction of candidates should be performed
on the basis of objective criteria indicated in the contract notice. These
objective criteria do not necessarily imply weightings. For criteria relating to
the personal situation of economic operators, a general reference in the
contract notice to the situations set out in Article 45 may suffice.
(41) In the competitive dialogue and negotiated procedures with publication of a
contract notice, in view of the flexibility which may be required and the high
level of costs associated with such methods of procurement, contracting
authorities should be entitled to make provision for the procedure to be
conducted in successive stages in order gradually to reduce, on the basis of
previously indicated contract award criteria, the number of tenders which they
will go on to discuss or negotiate. This reduction should, insofar as the number
of appropriate solutions or candidates allows, ensure that there is genuine
competition.
(42) The relevant Community rules on mutual recognition of diplomas,
certificates or other evidence of formal qualifications apply when evidence of a
particular qualification is required for participation in a procurement
procedure or a design contest.
(43) The award of public contracts to economic operators who have participated
in a criminal organisation or who have been found guilty of corruption or of
fraud to the detriment of the financial interests of the European Communities or
of money laundering should be avoided. Where appropriate, the contracting
authorities should ask candidates or tenderers to supply relevant documents and,
where they have doubts concerning the personal situation of a candidate or
tenderer, they may seek the cooperation of the competent authorities of the
Member State concerned. The exclusion of such economic operators should take
place as soon as the contracting authority has knowledge of a judgment
concerning such offences rendered in accordance with national law that has the
force of res judicata. If national law contains provisions to this effect,
non-compliance with environmental legislation or legislation on unlawful
agreements in public contracts which has been the subject of a final judgment or
a decision having equivalent effect may be considered an offence concerning the
professional conduct of the economic operator concerned or grave misconduct.
Non-observance of national provisions implementing the Council Directives
2000/78/EC(15) and 76/207/EEC(16) concerning equal treatment of workers, which
has been the subject of a final judgment or a decision having equivalent effect
may be considered an offence concerning the professional conduct of the economic
operator concerned or grave misconduct.
(44) In appropriate cases, in which the nature of the works and/or services
justifies applying environmental management measures or schemes during the
performance of a public contract, the application of such measures or schemes
may be required. Environmental management schemes, whether or not they are
registered under Community instruments such as Regulation (EC) No 761/2001(17) (EMAS),
can demonstrate that the economic operator has the technical capability to
perform the contract. Moreover, a description of the measures implemented by the
economic operator to ensure the same level of environmental protection should be
accepted as an alternative to environmental management registration schemes as a
form of evidence.
(45) This Directive allows Member States to establish official lists of
contractors, suppliers or service providers or a system of certification by
public or private bodies, and makes provision for the effects of such
registration or such certification in a contract award procedure in another
Member State. As regards official lists of approved economic operators, it is
important to take into account Court of Justice case-law in cases where an
economic operator belonging to a group claims the economic, financial or
technical capabilities of other companies in the group in support of its
application for registration. In this case, it is for the economic operator to
prove that those resources will actually be available to it throughout the
period of validity of the registration. For the purposes of that registration, a
Member State may therefore determine the level of requirements to be met and in
particular, for example where the operator lays claim to the financial standing
of another company in the group, it may require that that company be held
liable, if necessary jointly and severally.
(46) Contracts should be awarded on the basis of objective criteria which ensure
compliance with the principles of transparency, non-discrimination and equal
treatment and which guarantee that tenders are assessed in conditions of
effective competition. As a result, it is appropriate to allow the application
of two award criteria only: "the lowest price" and "the most economically
advantageous tender".
To ensure compliance with the principle of equal treatment in the award of
contracts, it is appropriate to lay down an obligation - established by case-law
- to ensure the necessary transparency to enable all tenderers to be reasonably
informed of the criteria and arrangements which will be applied to identify the
most economically advantageous tender. It is therefore the responsibility of
contracting authorities to indicate the criteria for the award of the contract
and the relative weighting given to each of those criteria in sufficient time
for tenderers to be aware of them when preparing their tenders. Contracting
authorities may derogate from indicating the weighting of the criteria for the
award in duly justified cases for which they must be able to give reasons, where
the weighting cannot be established in advance, in particular on account of the
complexity of the contract. In such cases, they must indicate the descending
order of importance of the criteria.
Where the contracting authorities choose to award a contract to the most
economically advantageous tender, they shall assess the tenders in order to
determine which one offers the best value for money. In order to do this, they
shall determine the economic and quality criteria which, taken as a whole, must
make it possible to determine the most economically advantageous tender for the
contracting authority. The determination of these criteria depends on the object
of the contract since they must allow the level of performance offered by each
tender to be assessed in the light of the object of the contract, as defined in
the technical specifications, and the value for money of each tender to be
measured.
In order to guarantee equal treatment, the criteria for the award of the
contract should enable tenders to be compared and assessed objectively. If these
conditions are fulfilled, economic and qualitative criteria for the award of the
contract, such as meeting environmental requirements, may enable the contracting
authority to meet the needs of the public concerned, as expressed in the
specifications of the contract. Under the same conditions, a contracting
authority may use criteria aiming to meet social requirements, in response in
particular to the needs - defined in the specifications of the contract - of
particularly disadvantaged groups of people to which those receiving/using the
works, supplies or services which are the object of the contract belong.
(47) In the case of public service contracts, the award criteria must not affect
the application of national provisions on the remuneration of certain services,
such as, for example, the services performed by architects, engineers or lawyers
and, where public supply contracts are concerned, the application of national
provisions setting out fixed prices for school books.
(48) Certain technical conditions, and in particular those concerning notices
and statistical reports, as well as the nomenclature used and the conditions of
reference to that nomenclature, will need to be adopted and amended in the light
of changing technical requirements. The lists of contracting authorities in the
Annexes will also need to be updated. It is therefore appropriate to put in
place a flexible and rapid adoption procedure for this purpose.
(49) The measures necessary for the implementation of this Directive should be
adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powers conferred on the
Commission(18).
(50) It is appropriate that Council Regulation (EEC, Euratom) No 1182/71 of 3
June 1971 determining the rules applicable to periods, dates and time limits(19)
should apply to the calculation of the time limits contained in this Directive.
(51) This Directive should not prejudice the time limits set out in Annex XI,
within which Member States are required to transpose and apply Directives
92/50/EEC, 93/36/EEC and 93/37/EEC,
HAVE ADOPTED THIS DIRECTIVE:
1. For the purposes of this Directive, the definitions set out in paragraphs 2
to 15 shall apply.
2. (a) "Public contracts" are contracts for pecuniary interest concluded in
writing between one or more economic operators and one or more contracting
authorities and having as their object the execution of works, the supply of
products or the provision of services within the meaning of this Directive.
(b) "Public works contracts" are public contracts having as their object either
the execution, or both the design and execution, of works related to one of the
activities within the meaning of Annex I or a work, or the realisation, by
whatever means, of a work corresponding to the requirements specified by the
contracting authority. A "work" means the outcome of building or civil
engineering works taken as a whole which is sufficient of itself to fulfil an
economic or technical function.
(c) "Public supply contracts" are public contracts other than those referred to
in (b) having as their object the purchase, lease, rental or hire purchase, with
or without option to buy, of products.
A public contract having as its object the supply of products and which also
covers, as an incidental matter, siting and installation operations shall be
considered to be a "public supply contract".
(d) "Public service contracts" are public contracts other than public works or
supply contracts having as their object the provision of services referred to in
Annex II.
A public contract having as its object both products and services within the
meaning of Annex II shall be considered to be a "public service contract" if the
value of the services in question exceeds that of the products covered by the
contract.
A public contract having as its object services within the meaning of Annex II
and including activities within the meaning of Annex I that are only incidental
to the principal object of the contract shall be considered to be a public
service contract.
3. "Public works concession" is a contract of the same type as a public works
contract except for the fact that the consideration for the works to be carried
out consists either solely in the right to exploit the work or in this right
together with payment.
4. "Service concession" is a contract of the same type as a public service
contract except for the fact that the consideration for the provision of
services consists either solely in the right to exploit the service or in this
right together with payment.
5. A "framework agreement" is an agreement between one or more contracting
authorities and one or more economic operators, the purpose of which is to
establish the terms governing contracts to be awarded during a given period, in
particular with regard to price and, where appropriate, the quantity envisaged.
6. A "dynamic purchasing system" is a completely electronic process for making
commonly used purchases, the characteristics of which, as generally available on
the market, meet the requirements of the contracting authority, which is limited
in duration and open throughout its validity to any economic operator which
satisfies the selection criteria and has submitted an indicative tender that
complies with the specification.
7. An "electronic auction" is a repetitive process involving an electronic
device for the presentation of new prices, revised downwards, and/or new values
concerning certain elements of tenders, which occurs after an initial full
evaluation of the tenders, enabling them to be ranked using automatic evaluation
methods.
Consequently, certain service contracts and certain works contracts having as
their subject-matter intellectual performances, such as the design of works, may
not be the object of electronic auctions.
8. The terms "contractor", "supplier" and "service provider" mean any natural or
legal person or public entity or group of such persons and/or bodies which
offers on the market, respectively, the execution of works and/or a work,
products or services.
The term "economic operator" shall cover equally the concepts of contractor,
supplier and service provider. It is used merely in the interest of
simplification.
An economic operator who has submitted a tender shall be designated a "tenderer".
One which has sought an invitation to take part in a restricted or negotiated
procedure or a competitive dialogue shall be designated a "candidate".
9. "Contracting authorities" means the State, regional or local authorities,
bodies governed by public law, associations formed by one or several of such
authorities or one or several of such bodies governed by public law.
A "body governed by public law" means any body:
(a) established for the specific purpose of meeting needs in the general
interest, not having an industrial or commercial character;
(b) having legal personality; and
(c) financed, for the most part, by the State, regional or local authorities, or
other bodies governed by public law; or subject to management supervision by
those bodies; or having an administrative, managerial or supervisory board, more
than half of whose members are appointed by the State, regional or local
authorities, or by other bodies governed by public law.
Non-exhaustive lists of bodies and categories of bodies governed by public law
which fulfil the criteria referred to in (a), (b) and (c) of the second
subparagraph are set out in Annex III. Member States shall periodically notify
the Commission of any changes to their lists of bodies and categories of bodies.
10. A "central purchasing body" is a contracting authority which:
- acquires supplies and/or services intended for contracting authorities, or
- awards public contracts or concludes framework agreements for works, supplies
or services intended for contracting authorities.
11. (a) "Open procedures" means those procedures whereby any interested economic
operator may submit a tender.
(b) "Restricted procedures" means those procedures in which any economic
operator may request to participate and whereby only those economic operators
invited by the contracting authority may submit a tender.
(c) "Competitive dialogue" is a procedure in which any economic operator may
request to participate and whereby the contracting authority conducts a dialogue
with the candidates admitted to that procedure, with the aim of developing one
or more suitable alternatives capable of meeting its requirements, and on the
basis of which the candidates chosen are invited to tender.
For the purpose of recourse to the procedure mentioned in the first
subparagraph, a public contract is considered to be "particularly complex" where
the contracting authorities:
- are not objectively able to define the technical means in accordance with
Article 23(3)(b), (c) or (d), capable of satisfying their needs or objectives,
and/or
- are not objectively able to specify the legal and/or financial make-up of a
project.
(d) "Negotiated procedures" means those procedures whereby the contracting
authorities consult the economic operators of their choice and negotiate the
terms of contract with one or more of these.
(e) "Design contests" means those procedures which enable the contracting
authority to acquire, mainly in the fields of town and country planning,
architecture and engineering or data processing, a plan or design selected by a
jury after being put out to competition with or without the award of prizes.
12. "Written" or "in writing" means any expression consisting of words or
figures which can be read, reproduced and subsequently communicated. It may
include information which is transmitted and stored by electronic means.
13. "Electronic means" means using electronic equipment for the processing
(including digital compression) and storage of data which is transmitted,
conveyed and received by wire, by radio, by optical means or by other
electromagnetic means.
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.
15. For the purposes of Article 13, Article 57(a) and Article 68(b), the
following phrases shall have the following meanings:
(a) "public telecommunications network" means the public telecommunications
infrastructure which enables signals to be conveyed between defined network
termination points by wire, by microwave, by optical means or by other
electromagnetic means;
(b) a "network termination point" means all physical connections and their
technical access specifications which form part of the public telecommunications
network and are necessary for access to, and efficient communication through,
that public network;
(c) "public telecommunications services" means telecommunications services the
provision of which the Member States have specifically assigned, in particular,
to one or more telecommunications entities;
(d) "telecommunications services" means services the provision of which consists
wholly or partly in the transmission and routing of signals on the public
telecommunications network by means of telecommunications processes, with the
exception of broadcasting and television.
Article 2
Principles of awarding contracts
Contracting authorities shall treat economic operators equally and
non-discriminatorily and shall act in a transparent way.
Article 3
Granting of special or exclusive rights: non-discrimination clause
Where a contracting authority grants special or exclusive rights to carry out a
public service activity to an entity other than such a contracting authority,
the act by which that right is granted shall provide that, in respect of the
supply contracts which it awards to third parties as part of its activities, the
entity concerned must comply with the principle of non-discrimination on the
basis of nationality.
Economic operators
1. Candidates or tenderers who, under the law of the Member State in which they
are established, are entitled to provide the relevant service, shall not be
rejected solely on the ground that, under the law of the Member State in which
the contract is awarded, they would be required to be either natural or legal
persons.
However, in the case of public service and public works contracts as well as
public supply contracts covering in addition services and/or siting and
installation operations, legal persons may be required to indicate in the tender
or the request to participate, the names and relevant professional
qualifications of the staff to be responsible for the performance of the
contract in question.
2. Groups of economic operators may submit tenders or put themselves forward as
candidates. In order to submit a tender or a request to participate, these
groups may not be required by the contracting authorities to assume a specific
legal form; however, the group selected may be required to do so when it has
been awarded the contract, to the extent that this change is necessary for the
satisfactory performance of the contract.
Article 5
Conditions relating to agreements concluded within the World Trade Organisation
For the purposes of the award of contracts by contracting authorities, Member
States shall apply in their relations conditions as favourable as those which
they grant to economic operators of third countries in implementation of the
Agreement on Government Procurement (hereinafter referred to as "the
Agreement"), concluded in the framework of the Uruguay Round multilateral
negotiations. Member States shall, to this end, consult one another within the
Advisory Committee for Public Contracts referred to in Article 77 on the
measures to be taken pursuant to the Agreement.
Article 6
Confidentiality
Without prejudice to the provisions of this Directive, in particular those
concerning the obligations relating to the advertising of awarded contracts and
to the information to candidates and tenderers set out in Articles 35(4) and 41,
and in accordance with the national law to which the contracting authority is
subject, the contracting authority shall not disclose information forwarded to
it by economic operators which they have designated as confidential; such
information includes, in particular, technical or trade secrets and the
confidential aspects of tenders.
Scope
Section 1
Thresholds
Article 7
Threshold amounts for public contracts
This Directive shall apply to public contracts which are not excluded in
accordance with the exceptions provided for in Articles 10 and 11 and Articles
12 to 18 and which have a value exclusive of value-added tax (VAT) estimated to
be equal to or greater than the following thresholds:
(a) EUR 162000 for public supply and service contracts others than those covered
by point (b), third indent, awarded by contracting authorities which are listed
as central government authorities in Annex IV; in the case of public supply
contracts awarded by contracting authorities operating in the field of defence,
this shall apply only to contracts involving products covered by Annex V;
(b) EUR 249000
- for public supply and service contracts awarded by contracting authorities
other than those listed in Annex IV,
- for public supply contracts awarded by contracting authorities which are
listed in Annex IV and operate in the field of defence, where these contracts
involve products not covered by Annex V,
- for public service contracts awarded by any contracting authority in respect
of the services listed in Category 8 of Annex IIA, Category 5 telecommunications
services the positions of which in the CPV are equivalent to CPC reference Nos
7524, 7525 and 7526 and/or the services listed in Annex II B;
(c) EUR 6242000 for public works contracts.
Article 8
Contracts subsidised by more than 50 % by contracting authorities
This Directive shall apply to the awarding of:
(a) contracts which are subsidised directly by contracting authorities by more
than 50 % and the estimated value of which, net of VAT, is equal to or greater
than EUR 6242000,
- where those contracts involve civil engineering activities within the meaning
of Annex I,
- where those contracts involve building work for hospitals, facilities intended
for sports, recreation and leisure, school and university buildings and
buildings used for administrative purposes;
(b) service contracts which are subsidised directly by contracting authorities
by more than 50 % and the estimated value of which, net of VAT, is equal to or
greater than EUR 249000 and which are connected with a works contract within the
meaning of point (a).
Member States shall take the necessary measures to ensure that the contracting
authorities awarding such subsidies ensure compliance with this Directive where
that contract is awarded by one or more entities other than themselves or comply
with this Directive where they themselves award that contract for and on behalf
of those other entities.
Article 9
Methods for calculating the estimated value of public contracts, framework
agreements and dynamic purchasing systems
1. The calculation of the estimated value of a public contract shall be based on
the total amount payable, net of VAT, as estimated by the contracting authority.
This calculation shall take account of the estimated total amount, including any
form of option and any renewals of the contract.
Where the contracting authority provides for prizes or payments to candidates or
tenderers it shall take them into account when calculating the estimated value
of the contract.
2. This estimate must be valid at the moment at which the contract notice is
sent, as provided for in Article 35(2), or, in cases where such notice is not
required, at the moment at which the contracting authority commences the
contract awarding procedure.
3. No works project or proposed purchase of a certain quantity of supplies
and/or services may be subdivided to prevent its coming within the scope of this
Directive.
4. With regard to public works contracts, calculation of the estimated value
shall take account of both the cost of the works and the total estimated value
of the supplies necessary for executing the works and placed at the contractor's
disposal by the contracting authorities.
5. (a) Where a proposed work or purchase of services may result in contracts
being awarded at the same time in the form of separate lots, account shall be
taken of the total estimated value of all such lots.
Where the aggregate value of the lots is equal to or exceeds the threshold laid
down in Article 7, this Directive shall apply to the awarding of each lot.
However, the contracting authorities may waive such application in respect of
lots the estimated value of which net of VAT is less than EUR 80000 for services
or EUR 1 million for works, provided that the aggregate value of those lots does
not exceed 20 % of the aggregate value of the lots as a whole.
(b) Where a proposal for the acquisition of similar supplies may result in
contracts being awarded at the same time in the form of separate lots, account
shall be taken of the total estimated value of all such lots when applying
Article 7(a) and (b).
Where the aggregate value of the lots is equal to or exceeds the threshold laid
down in Article 7, this Directive shall apply to the awarding of each lot.
However, the contracting authorities may waive such application in respect of
lots, the estimated value of which, net of VAT, is less than EUR 80000, provided
that the aggregate cost of those lots does not exceed 20 % of the aggregate
value of the lots as a whole.
6. With regard to public supply contracts relating to the leasing, hire, rental
or hire purchase of products, the value to be taken as a basis for calculating
the estimated contract value shall be as follows:
(a) in the case of fixed-term public contracts, if that term is less than or
equal to 12 months, the total estimated value for the term of the contract or,
if the term of the contract is greater than 12 months, the total value including
the estimated residual value;
(b) in the case of public contracts without a fixed term or the term of which
cannot be defined, the monthly value multiplied by 48.
7. In the case of public supply or service contracts which are regular in nature
or which are intended to be renewed within a given period, the calculation of
the estimated contract value shall be based on the following:
(a) either the total actual value of the successive contracts of the same type
awarded during the preceding 12 months or financial year adjusted, if possible,
to take account of the changes in quantity or value which would occur in the
course of the 12 months following the initial contract;
(b) or the total estimated value of the successive contracts awarded during the
12 months following the first delivery, or during the financial year if that is
longer than 12 months.
The choice of method used to calculate the estimated value of a public contract
may not be made with the intention of excluding it from the scope of this
Directive.
8. With regard to public service contracts, the value to be taken as a basis for
calculating the estimated contract value shall, where appropriate, be the
following:
(a) for the following types of services:
(i) insurance services: the premium payable and other forms of remuneration;
(ii) banking and other financial services: the fees, commissions, interest and
other forms of remuneration;
(iii) design contracts: fees, commission payable and other forms of
remuneration;
(b) for service contracts which do not indicate a total price:
(i) in the case of fixed-term contracts, if that term is less than or equal to
48 months: the total value for their full term;
(ii) in the case of contracts without a fixed term or with a term greater than
48 months: the monthly value multiplied by 48.
9. With regard to framework agreements and dynamic purchasing systems, the value
to be taken into consideration shall be the maximum estimated value net of VAT
of all the contracts envisaged for the total term of the framework agreement or
the dynamic purchasing system.
Section 2
Specific situations
Article 10
Defence procurement
This Directive shall apply to public contracts awarded by contracting
authorities in the field of defence, subject to Article 296 of the Treaty.
Article 11
Public contracts and framework agreements awarded by central purchasing bodies
1. Member States may stipulate that contracting authorities may purchase works,
supplies and/or services from or through a central purchasing body.
2. Contracting authorities which purchase works, supplies and/or services from
or through a central purchasing body in the cases set out in Article 1(10) shall
be deemed to have complied with this Directive insofar as the central purchasing
body has complied with it.
Section 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive
2004/17/EC, are awarded by contracting authorities exercising one or more of the
activities referred to in Articles 3 to 7 of that Directive and are awarded for
the pursuit of those activities, or to public contracts excluded from the scope
of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by
contracting authorities carrying out one or more of the activities referred to
in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar
as the Member State concerned takes advantage of the option referred to in the
second subparagraph of Article 71 thereof to defer its application.
Article 13
Specific exclusions in the field of telecommunications
This Directive shall not apply to public contracts for the principal purpose of
permitting the contracting authorities to provide or exploit public
telecommunications networks or to provide to the public one or more
telecommunications services.
Article 14
Secret contracts and contracts requiring special security measures
This Directive shall not apply to public contracts when they are declared to be
secret, when their performance must be accompanied by special security measures
in accordance with the laws, regulations or administrative provisions in force
in the Member State concerned, or when the protection of the essential interests
of that Member State so requires.
Article 15
Contracts awarded pursuant to international rules
This Directive shall not apply to public contracts governed by different
procedural rules and awarded:
(a) pursuant to an international agreement concluded in conformity with the
Treaty between a Member State and one or more third countries and covering
supplies or works intended for the joint implementation or exploitation of a
work by the signatory States or services intended for the joint implementation
or exploitation of a project by the signatory States; all agreements shall be
communicated to the Commission, which may consult the Advisory Committee for
Public Contracts referred to in Article 77;
(b) pursuant to a concluded international agreement relating to the stationing
of troops and concerning the undertakings of a Member State or a third country;
(c) pursuant to the particular procedure of an international organisation.
Article 16
Specific exclusions
This Directive shall not apply to public service contracts for:
(a) the acquisition or rental, by whatever financial means, of land, existing
buildings or other immovable property or concerning rights thereon;
nevertheless, financial service contracts concluded at the same time as, before
or after the contract of acquisition or rental, in whatever form, shall be
subject to this Directive;
(b) the acquisition, development, production or co-production of programme
material intended for broadcasting by broadcasters and contracts for
broadcasting time;
(c) arbitration and conciliation services;
(d) financial services in connection with the issue, sale, purchase or transfer
of securities or other financial instruments, in particular transactions by the
contracting authorities to raise money or capital, and central bank services;
(e) employment contracts;
(f) research and development services other than those where the benefits accrue
exclusively to the contracting authority for its use in the conduct of its own
affairs, on condition that the service provided is wholly remunerated by the
contracting authority.
Article 17
Service concessions
Without prejudice to the application of Article 3, this Directive shall not
apply to service concessions as defined in Article 1(4).
Article 18
Service contracts awarded on the basis of an exclusive right
This Directive shall not apply to public service contracts awarded by a
contracting authority to another contracting authority or to an association of
contracting authorities on the basis of an exclusive right which they enjoy
pursuant to a published law, regulation or administrative provision which is
compatible with the Treaty.
Section 4
Special arrangement
Article 19
Reserved contracts
Member States may reserve the right to participate in public contract award
procedures to sheltered workshops or provide for such contracts to be performed
in the context of sheltered employment programmes where most of the employees
concerned are handicapped persons who, by reason of the nature or the
seriousness of their disabilities, cannot carry on occupations under normal
conditions.
The contract notice shall make reference to this provision.
Article 20
Service contracts listed in Annex II A
Contracts which have as their object services listed in Annex II A shall be
awarded in accordance with Articles 23 to 55.
Article 21
Service contracts listed in Annex II B
Contracts which have as their object services listed in Annex II B shall be
subject solely to Article 23 and Article 35(4).
Article 22
Mixed contracts including services listed in Annex II A and services listed in
Annex II B
Contracts which have as their object services listed both in Annex II A and in
Annex II B shall be awarded in accordance with Articles 23 to 55 where the value
of the services listed in Annex II A is greater than the value of the services
listed in Annex II B. In other cases, contracts shall be awarded in accordance
with Article 23 and Article 35(4).
Article 23
Technical specifications
1. The technical specifications as defined in point 1 of Annex VI shall be set
out in the contract documentation, such as contract notices, contract documents
or additional documents. Whenever possible these technical specifications should
be defined so as to take into account accessibility criteria for people with
disabilities or design for all users.
2. Technical specifications shall afford equal access for tenderers and not have
the effect of creating unjustified obstacles to the opening up of public
procurement to competition.
3. Without prejudice to mandatory national technical rules, to the extent that
they are compatible with Community law, the technical specifications shall be
formulated:
(a) either by reference to technical specifications defined in Annex VI and, in
order of preference, to national standards transposing European standards,
European technical approvals, common technical specifications, international
standards, other technical reference systems established by the European
standardisation bodies or - when these do not exist - to national standards,
national technical approvals or national technical specifications relating to
the design, calculation and execution of the works and use of the products. Each
reference shall be accompanied by the words "or equivalent";
(b) or in terms of performance or functional requirements; the latter may
include environmental characteristics. However, such parameters must be
sufficiently precise to allow tenderers to determine the subject-matter of the
contract and to allow contracting authorities to award the contract;
(c) or in terms of performance or functional requirements as mentioned in
subparagraph (b), with reference to the specifications mentioned in subparagraph
(a) as a means of presuming conformity with such performance or functional
requirements;
(d) or by referring to the specifications mentioned in subparagraph (a) for
certain characteristics, and by referring to the performance or functional
requirements mentioned in subparagraph (b) for other characteristics.
4. Where a contracting authority makes use of the option of referring to the
specifications mentioned in paragraph 3(a), it cannot reject a tender on the
grounds that the products and services tendered for do not comply with the
specifications to which it has referred, once the tenderer proves in his tender
to the satisfaction of the contracting authority, by whatever appropriate means,
that the solutions which he proposes satisfy in an equivalent manner the
requirements defined by the technical specifications.
An appropriate means might be constituted by a technical dossier of the
manufacturer or a test report from a recognised body.
5. Where a contracting authority uses the option laid down in paragraph 3 to
prescribe in terms of performance or functional requirements, it may not reject
a tender for works, products or services which comply with a national standard
transposing a European standard, with a European technical approval, a common
technical specification, an international standard or a technical reference
system established by a European standardisation body, if these specifications
address the performance or functional requirements which it has laid down.
In his tender, the tenderer must prove to the satisfaction of the contracting
authority and by any appropriate means that the work, product or service in
compliance with the standard meets the performance or functional requirements of
the contracting authority.
An appropriate means might be constituted by a technical dossier of the
manufacturer or a test report from a recognised body.
6. Where contracting authorities lay down environmental characteristics in terms
of performance or functional requirements as referred to in paragraph 3(b) they
may use the detailed specifications, or, if necessary, parts thereof, as defined
by European or (multi-) national eco-labels, or by and any other eco-label,
provided that:
- those specifications are appropriate to define the characteristics of the
supplies or services that are the object of the contract,
- the requirements for the label are drawn up on the basis of scientific
information,
- the eco-labels are adopted using a procedure in which all stakeholders, such
as government bodies, consumers, manufacturers, distributors and environmental
organisations can participate, and
- they are accessible to all interested parties.
Contracting authorities may indicate that the products and services bearing the
eco-label are presumed to comply with the technical specifications laid down in
the contract documents; they must accept any other appropriate means of proof,
such as a technical dossier of the manufacturer or a test report from a
recognised body.
7. "Recognised bodies", within the meaning of this Article, are test and
calibration laboratories and certification and inspection bodies which comply
with applicable European standards.
Contracting authorities shall accept certificates from recognised bodies
established in other Member States.
8. Unless justified by the subject-matter of the contract, technical
specifications shall not refer to a specific make or source, or a particular
process, or to trade marks, patents, types or a specific origin or production
with the effect of favouring or eliminating certain undertakings or certain
products. Such reference shall be permitted on an exceptional basis, where a
sufficiently precise and intelligible description of the subject-matter of the
contract pursuant to paragraphs 3 and 4 is not possible; such reference shall be
accompanied by the words "or equivalent".
Article 24
Variants
1. Where the criterion for award is that of the most economically advantageous
tender, contracting authorities may authorise tenderers to submit variants.
2. Contracting authorities shall indicate in the contract notice whether or not
they authorise variants: variants shall not be authorised without this
indication.
3. Contracting authorities authorising variants shall state in the contract
documents the minimum requirements to be met by the variants and any specific
requirements for their presentation.
4. Only variants meeting the minimum requirements laid down by these contracting
authorities shall be taken into consideration.
In procedures for awarding public supply or service contracts, contracting
authorities which have authorised variants may not reject a variant on the sole
ground that it would, if successful, lead to either a service contract rather
than a public supply contract or a supply contract rather than a public service
contract.
Article 25
Subcontracting
In the contract documents, the contracting authority may ask or may be required
by a Member State to ask the tenderer to indicate in his tender any share of the
contract he may intend to subcontract to third parties and any proposed
subcontractors.
This indication shall be without prejudice to the question of the principal
economic operator's liability.
Article 26
Conditions for performance of contracts
Contracting authorities may lay down special conditions relating to the
performance of a contract, provided that these are compatible with Community law
and are indicated in the contract notice or in the specifications. The
conditions governing the performance of a contract may, in particular, concern
social and environmental considerations.
Article 27
Obligations relating to taxes, environmental protection, employment protection
provisions and working conditions
1. A contracting authority may state in the contract documents, or be obliged by
a Member State so to state, the body or bodies from which a candidate or
tenderer may obtain the appropriate information on the obligations relating to
taxes, to environmental protection, to the employment protection provisions and
to the working conditions which are in force in the Member State, region or
locality in which the works are to be carried out or services are to be provided
and which shall be applicable to the works carried out on site or to the
services provided during the performance of the contract.
2. A contracting authority which supplies the information referred to in
paragraph 1 shall request the tenderers or candidates in the contract award
procedure to indicate that they have taken account, when drawing up their
tender, of the obligations relating to employment protection provisions and the
working conditions which are in force in the place where the works are to be
carried out or the service is to be provided.
The first subparagraph shall be without prejudice to the application of the
provisions of Article 55 concerning the examination of abnormally low tenders.
Article 28
Use of open, restricted and negotiated procedures and of competitive dialogue
In awarding their public contracts, contracting authorities shall apply the
national procedures adjusted for the purposes of this Directive.
They shall award these public contracts by applying the open or restricted
procedure. In the specific circumstances expressly provided for in Article 29,
contracting authorities may award their public contracts by means of the
competitive dialogue. In the specific cases and circumstances referred to
expressly in Articles 30 and 31, they may apply a negotiated procedure, with or
without publication of the contract notice.
Article 29
Competitive dialogue
1. In the case of particularly complex contracts, Member States may provide that
where contracting authorities consider that the use of the open or restricted
procedure will not allow the award of the contract, the latter may make use of
the competitive dialogue in accordance with this Article.
A public contract shall be awarded on the sole basis of the award criterion for
the most economically advantageous tender.
2. Contracting authorities shall publish a contract notice setting out their
needs and requirements, which they shall define in that notice and/or in a
descriptive document.
3. Contracting authorities shall open, with the candidates selected in
accordance with the relevant provisions of Articles 44 to 52, a dialogue the aim
of which shall be to identify and define the means best suited to satisfying
their needs. They may discuss all aspects of the contract with the chosen
candidates during this dialogue.
During the dialogue, contracting authorities shall ensure equality of treatment
among all tenderers. In particular, they shall not provide information in a
discriminatory manner which may give some tenderers an advantage over others.
Contracting authorities may not reveal to the other participants solutions
proposed or other confidential information communicated by a candidate
participating in the dialogue without his/her agreement.
4. Contracting authorities may provide for the procedure to take place in
successive stages in order to reduce the number of solutions to be discussed
during the dialogue stage by applying the award criteria in the contract notice
or the descriptive document. The contract notice or the descriptive document
shall indicate that recourse may be had to this option.
5. The contracting authority shall continue such dialogue until it can idenm commitments contained in the tender provided
this does not have the effect of modifying substantial aspects of the tender or
of the call for tender and does not risk distorting competition or causing
discrimination.
8. The contracting authorities may specify prices or payments to the
participants in the dialogue.
Article 30
Cases justifying use of the negotiated procedure with prior publication of a
contract notice
1. Contracting authorities may award their public contracts by negotiated
procedure, after publication of a contract notice, in the following cases:
(a) in the event of irregular tenders or the submission of tenders which are
unacceptable under national provisions compatible with Articles 4, 24, 25, 27
and Chapter VII, in response to an open or restricted procedure or a competitive
dialogue insofar as the original terms of the contract are not substantially
altered.
Contracting authorities need not publish a contract notice where they include in
the negotiated procedure all of, and only, the tenderers which satisfy the
criteria of Articles 45 to 52 and which, during the prior open or restricted
procedure or competitive dialogue, have submitted tenders in accordance with the
formal requirements of the tendering procedure;
(b) in exceptional cases, when the nature of the works, supplies, or services or
the risks attaching thereto do not permit prior overall pricing;
(c) in the case of services, inter alia services within category 6 of Annex II
A, and intellectual services such as services involving the design of works,
insofar as the nature of the services to be provided is such that contract
specifications cannot be established with sufficient precision to permit the
award of the contract by selection of the best tender according to the rules
governing open or restricted procedures;
(d) in respect of public works contracts, for works which are performed solely
for purposes of research, testing or development and not with the aim of
ensuring profitability or recovering research and development costs.
2. In the cases referred to in paragraph 1, contracting authorities shall
negotiate with tenderers the tenders submitted by them in order to adapt them to
the requirements which they have set in the contract notice, the specifications
and additional documents, if any, and to seek out the best tender in accordance
with Article 53(1).
3. During the negotiations, contracting authorities shall ensure the equal
treatment of all tenderers. In particular, they shall not provide information in
a discriminatory manner which may give some tenderers an advantage over others.
4. Contracting authorities may provide for the negotiated procedure to take
place in successive stages in order to reduce the number of tenders to be
negotiated by applying the award criteria in the contract notice or the
specifications. The contract notice or the specifications shall indicate whether
recourse has been had to this option.
Article 31
Cases justifying use of the negotiated procedure without publication of a
contract notice
Contracting authorities may award public contracts by a negotiated procedure
without prior publication of a contract notice in the following cases:
(1) for public works contracts, public supply contracts and public service
contracts:
(a) when no tenders or no suitable tenders or no applications have been
submitted in response to an open procedure or a restricted procedure, provided
that the initial conditions of contract are not substantially altered and on
condition that a report is sent to the Commission if it so requests;
(b) when, for technical or artistic reasons, or for reasons connected with the
protection of exclusive rights, the contract may be awarded only to a particular
economic operator;
(c) insofar as is strictly necessary when, for reasons of extreme urgency
brought about by events unforeseeable by the contracting authorities in
question, the time limit for the open, restricted or negotiated procedures with
publication of a contract notice as referred to in Article 30 cannot be complied
with. The circumstances invoked to justify extreme urgency must not in any event
be attributable to the contracting authority;
(2) for public supply contracts:
(a) when the products involved are manufactured purely for the purpose of
research, experimentation, study or development; this provision does not extend
to quantity production to establish commercial viability or to recover research
and development costs;
(b) for additional deliveries by the original supplier which are intended either
as a partial replacement of normal supplies or installations or as the extension
of existing supplies or installations where a change of supplier would oblige
the contracting authority to acquire material having different technical
characteristics which would result in incompatibility or disproportionate
technical difficulties in operation and maintenance; the length of such
contracts as well as that of recurrent contracts may not, as a general rule,
exceed three years;
(c) for supplies quoted and purchased on a commodity market;
(d) for the purchase of supplies on particularly advantageous terms, from either
a supplier which is definitively winding up its business activities, or the
receivers or liquidators of a bankruptcy, an arrangement with creditors, or a
similar procedure under national laws or regulations;
(3) for public service contracts, when the contract concerned follows a design
contest and must, under the applicable rules, be awarded to the successful
candidate or to one of the successful candidates, in the latter case, all
successful candidates must be invited to participate in the negotiations;
(4) for public works contracts and public service contracts:
(a) for additional works or services not included in the project initially
considered or in the original contract but which have, through unforeseen
circumstances, become necessary for the performance of the works or services
described therein, on condition that the award is made to the economic operator
performing such works or services:
- when such additional works or services cannot be technically or economically
separated from the original contract without major inconvenience to the
contracting authorities,
or
- when such works or services, although separable from the performance of the
original contract, are strictly necessary for its completion.
However, the aggregate value of contracts awarded for additional works or
services may not exceed 50 % of the amount of the original contract;
(b) for new works or services consisting in the repetition of similar works or
services entrusted to the economic operator to whom the same contracting
authorities awarded an original contract, provided that such works or services
are in conformity with a basic project for which the original contract was
awarded according to the open or restricted procedure.
As soon as the first project is put up for tender, the possible use of this
procedure shall be disclosed and the total estimated cost of subsequent works or
services shall be taken into consideration by the contracting authorities when
they apply the provisions of Article 7.
This procedure may be used only during the three years following the conclusion
of the original contract.
Article 32
Framework agreements
1. Member States may provide that contracting authorities may conclude framework
agreements.
2. For the purpose of concluding a framework agreement, contracting authorities
shall follow the rules of procedure referred to in this Directive for all phases
up to the award of contracts based on that framework agreement. The parties to
the framework agreement shall be chosen by applying the award criteria set in
accordance with Article 53.
Contracts based on a framework agreement shall be awarded in accordance with the
procedures laid down in paragraphs 3 and 4. Those procedures may be applied only
between the contracting authorities and the economic operators originally party
to the framework agreement.
When awarding contracts based on a framework agreement, the parties may under no
circumstances make substantial amendments to the terms laid down in that
framework agreement, in particular in the case referred to in paragraph 3.
The term of a framework agreement may not exceed four years, save in exceptional
cases duly justified, in particular by the subject of the framework agreement.
Contracting authorities may not use framework agreements improperly or in such a
way as to prevent, restrict or distort competition.
3. Where a framework agreement is concluded with a single economic operator,
contracts based on that agreement shall be awarded within the limits of the
terms laid down in the framework agreement.
For the award of those contracts, contracting authorities may consult the
operator party to the framework agreement in writing, requesting it to
supplement its tender as necessary.
4. Where a framework agreement is concluded with several economic operators, the
latter must be at least three in number, insofar as there is a sufficient number
of economic operators to satisfy the selection criteria and/or of admissible
tenders which meet the award criteria.
Contracts based on framework agreements concluded with several economic
operators may be awarded either:
- by application of the terms laid down in the framework agreement without
reopening competition, or
- where not all the terms are laid down in the framework agreement, when the
parties are again in competition on the basis of the same and, if necessary,
more precisely formulated terms, and, where appropriate, other terms referred to
in the specifications of the framework agreement, in accordance with the
following procedure:
(a) for every contract to be awarded, contracting authorities shall consult in
writing the economic operators capable of performing the contract;
(b) contracting authorities shall fix a time limit which is sufficiently long to
allow tenders for each specific contract to be submitted, taking into account
factors such as the complexity of the subject-matter of the contract and the
time needed to send in tenders;
(c) tenders shall be submitted in writing, and their content shall remain
confidential until the stipulated time limit for reply has expired;
(d) contracting authorities shall award each contract to the tenderer who has
submitted the best tender on the basis of the award criteria set out in the
specifications of the framework agreement.
Article 33
Dynamic purchasing systems
1. Member States may provide that contracting authorities may use dynamic
purchasing systems.
2. In order to set up a dynamic purchasing system, contracting authorities shall
follow the rules of the open procedure in all its phases up to the award of the
contracts to be concluded under this system. All the tenderers satisfying the
selection criteria and having submitted an indicative tender which complies with
the specification and any possible additional documents shall be admitted to the
system; indicative tenders may be improved at any time provided that they
continue to comply with the specification. With a view to setting up the system
and to the award of contracts under that system, contracting authorities shall
use solely electronic means in accordance with Article 42(2) to (5).
3. For the purposes of setting up the dynamic purchasing system, contracting
authorities shall:
(a) publish a contract notice making it clear that a dynamic purchasing system
is involved;
(b) indicate in the specification, amongst other matters, the nature of the
purchases envisaged under that system, as well as all the necessary information
concerning the purchasing system, the electronic equipment used and the
technical connection arrangements and specifications;
(c) offer by electronic means, on publication of the notice and up to the expiry
of the system, unrestricted, direct and full access to the specification and to
any additional documents and shall indicate in the notice the internet address
at which such documents may be consulted.
4. Contracting authorities shall give any economic operator, throughout the
entire period of the dynamic purchasing system, the possibility of submitting an
indicative tender and of being admitted to the system under the conditions
referred to in paragraph 2. They shall complete evaluation within a maximum of
15 days from the date of submission of the indicative tender. However, they may
extend the evaluation period provided that no invitation to tender is issued in
the meantime.
The contracting authority shall inform the tenderer referred to in the first
subparagraph at the earliest possible opportunity of its admittance to the
dynamic purchasing system or of the rejection of its indicative tender.
5. Each specific contract must be the subject of an invitation to tender. Before
issuing the invitation to tender, contracting authorities shall publish a
simplified contract notice inviting all interested economic operators to submit
an indicative tender, in accordance with paragraph 4, within a time limit that
may not be less than 15 days from the date on which the simplified notice was
sent. Contracting authorities may not proceed with tendering until they have
completed evaluation of all the indicative tenders received by that deadline.
6. Contracting authorities shall invite all tenderers admitted to the system to
submit a tender for each specific contract to be awarded under the system. To
that end they shall set a time limit for the submission of tenders.
They shall award the contract to the tenderer which submitted the best tender on
the basis of the award criteria set out in the contract notice for the
establishment of the dynamic purchasing system. Those criteria may, if
appropriate, be formulated more precisely in the invitation referred to in the
first subparagraph.
7. A dynamic purchasing system may not last for more than four years, except in
duly justified exceptional cases.
Contracting authorities may not resort to this system to prevent, restrict or
distort competition.
No charges may be billed to the interested economic operators or to parties to
the system.
Article 34
Public works contracts: particular rules on subsidised housing schemes
In the case of public contracts relating to the design and construction of a
subsidised housing scheme the size and complexity of which, and the estimated
duration of the work involved require that planning be based from the outset on
close collaboration within a team comprising representatives of the contracting
authorities, experts and the contractor to be responsible for carrying out the
works, a special award procedure may be adopted for selecting the contractor
most suitable for integration into the team.
In particular, contracting authorities shall include in the contract notice as
accurate as possible a description of the works to be carried out so as to
enable interested contractors to form a valid idea of the project. Furthermore,
contracting authorities shall, in accordance with the qualitative selection
criteria referred to in Articles 45 to 52, set out in such a contract notice the
personal, technical, economic and financial conditions to be fulfilled by
candidates.
Where such a procedure is adopted, contracting authorities shall apply Articles
2, 35, 36, 38, 39, 41, 42, 43 and 45 to 52.
Article 35
Notices
1. Contracting authorities shall make known, by means of a prior information
notice published by the Commission or by themselves on their "buyer profile", as
described in point 2(b) of Annex VIII:
(a) where supplies are concerned, the estimated total value of the contracts or
the framework agreements by product area which they intend to award over the
following 12 months, where the total estimated value, taking into account
Articles 7 and 9, is equal to or greater than EUR 750000.
The product area shall be established by the contracting authorities by
reference to the CPV nomenclature;
(b) where services are concerned, the estimated total value of the contracts or
the framework agreements in each of the categories of services listed in Annex
II A which they intend to award over the following 12 months, where such
estimated total value, taking into account the provisions of Articles 7 and 9,
is equal to or greater than EUR 750000;
(c) where works are concerned, the essential characteristics of the contracts or
the framework agreements which they intend to award, the estimated value of
which is equal to or greater than the threshold specified in Article 7, taking
into account Article 9.
The notices referred to in subparagraphs (a) and (b) shall be sent to the
Commission or published on the buyer profile as soon as possible after the
beginning of the budgetary year.
The notice referred to in subparagraph (c) shall be sent to the Commission or
published on the buyer profile as soon as possible after the decision approving
the planning of the works contracts or the framework agreements that the
contracting authorities intend to award.
Contracting authorities who publish a prior information notice on their buyer
profiles shall send the Commission, electronically, a notice of the publication
of the prior information notice on a buyer profile, in accordance with the
format and detailed procedures for sending notices indicated in point 3 of Annex
VIII.
Publication of the notices referred to in subparagraphs (a), (b) and (c) shall
be compulsory only where the contracting authorities take the option of
shortening the time limits for the receipt of tenders as laid down in Article
38(4).
This paragraph shall not apply to negotiated procedures without the prior
publication of a contract notice.
2. Contracting authorities which wish to award a public contract or a framework
agreement by open, restricted or, under the conditions laid down in Article 30,
negotiated procedure with the publication of a contract notice or, under the
conditions laid down in Article 29, a competitive dialogue, shall make known
their intention by means of a contract notice.
3. Contracting authorities which wish to set up a dynamic purchasing system
shall make known their intention by means of a contract notice.
Contracting authorities which wish to award a contract based on a dynamic
purchasing system shall make known their intention by means of a simplified
contract notice.
4. Contracting authorities which have awarded a public contract or concluded a
framework agreement shall send a notice of the results of the award procedure no
later than 48 days after the award of the contract or the conclusion of the
framework agreement.
In the case of framework agreements concluded in accordance with Article 32 the
contracting authorities are not bound to send a notice of the results of the
award procedure for each contract based on that agreement.
Contracting authorities shall send a notice of the result of the award of
contracts based on a dynamic purchasing system within 48 days of the award of
each contract. They may, however, group such notices on a quarterly basis. In
that case, they shall send the grouped notices within 48 days of the end of each
quarter.
In the case of public contracts for services listed in Annex II B, the
contracting authorities shall indicate in the notice whether they agree to its
publication. For such services contracts the Commission shall draw up the rules
for establishing statistical reports on the basis of such notices and for the
publication of such reports in accordance with the procedure laid down in
Article 77(2).
Certain information on the contract award or the conclusion of the framework
agreement may be withheld from publication where release of such information
would impede law enforcement or otherwise be contrary to the public interest,
would harm the legitimate commercial interests of economic operators, public or
private, or might prejudice fair competition between them.
Article 36
Form and manner of publication of notices
1. Notices shall include the information mentioned in Annex VII A and, where
appropriate, any other information deemed useful by the contracting authority in
the format of standard forms adopted by the Commission in accordance with the
procedure referred to in Article 77(2).
2. Notices sent by contracting authorities to the Commission shall be sent
either by electronic means in accordance with the format and procedures for
transmission indicated in Annex VIII, paragraph 3, or by other means. In the
event of recourse to the accelerated procedure set out in Article 38(8), notices
must be sent either by telefax or by electronic means, in accordance with the
format and procedures for transmission indicated in point 3 of Annex VIII.
Notices shall be published in accordance with the technical characteristics for
publication set out in point 1(a) and (b) of Annex VIII.
3. Notices drawn up and transmitted by electronic means in accordance with the
format and procedures for transmission indicated in point 3 of Annex VIII, shall
be published no later than five days after they are sent.
Notices which are not transmitted by electronic means in accordance with the
format and procedures for transmission indicated in point 3 of Annex VIII, shall
be published not later than 12 days after they are sent, or in the case of
accelerated procedure referred to in Article 38(8), not later than five days
after they are sent.
4. Contract notices shall be published in full in an official language of the
Community as chosen by the contracting authority, this original language version
constituting the sole authentic text. A summary of the important elements of
each notice shall be published in the other official languages.
The costs of publication of such notices by the Commission shall be borne by the
Community.
5. Notices and their contents may not be published at national level before the
date on which they are sent to the Commission.
Notices published at national level shall not contain information other than
that contained in the notices dispatched to the Commission or published on a
buyer profile in accordance with the first subparagraph of Article 35(1), but
shall mention the date of dispatch of the notice to the Commission or its
publication on the buyer profile.
Prior information notices may not be published on a buyer profile before the
dispatch to the Commission of the notice of their publication in that form; they
shall mention the date of that dispatch.
6. The content of notices not sent by electronic means in accordance with the
format and procedures for transmission indicated in point 3 of Annex VIII, shall
be limited to approximately 650 words.
7. Contracting authorities must be able to supply proof of the dates on which
notices are dispatched.
8. The Commission shall give the contracting authority confirmation of the
publication of the information sent, mentioning the date of that publication.
Such confirmation shall constitute proof of publication.
Article 37
Non-mandatory publication
Contracting authorities may publish in accordance with Article 36 notices of
public contracts which are not subject to the publication requirement laid down
in this Directive.
Article 38
Time limits for receipt of requests to participate and for receipt of tenders
1. When fixing the time limits for the receipt of tenders and requests to
participate, contracting authorities shall take account in particular of the
complexity of the contract and the time required for drawing up tenders, without
prejudice to the minimum time limits set by this Article.
2. In the case of open procedures, the minimum time limit for the receipt of
tenders shall be 52 days from the date on which the contract notice was sent.
3. In the case of restricted procedures, negotiated procedures with publication
of a contract notice referred to in Article 30 and the competitive dialogue:
(a) the minimum time limit for receipt of requests to participate shall be 37
days from the date on which the contract notice is sent;
(b) in the case of restricted procedures, the minimum time limit for the receipt
of tenders shall be 40 days from the date on which the invitation is sent.
4. When contracting authorities have published a prior information notice, the
minimum time limit for the receipt of tenders under paragraphs 2 and 3(b) may,
as a general rule, be shortened to 36 days, but under no circumstances to less
than 22 days.
The time limit shall run from the date on which the contract notice was sent in
open procedures, and from the date on which the invitation to tender was sent in
restricted procedures.
The shortened time limits referred to in the first subparagraph shall be
permitted, provided that the prior information notice has included all the
information required for the contract notice in Annex VII A, insofar as that
information is available at the time the notice is published and that the prior
information notice was sent for publication between 52 days and 12 months before
the date on which the contract notice was sent.
5. Where notices are drawn up and transmitted by electronic means in accordance
with the format and procedures for transmission indicated in point 3 of Annex
VIII, the time limits for the receipt of tenders referred to in paragraphs 2 and
4 in open procedures, and the time limit for the receipt of the requests to
participate referred to in paragraph 3(a), in restricted and negotiated
procedures and the competitive dialogue, may be shortened by seven days.
6. The time limits for receipt of tenders referred to in paragraphs 2 and 3(b)
may be reduced by five days where the contracting authority offers unrestricted
and full direct access by electronic means to the contract documents and any
supplementary documents from the date of publication of the notice in accordance
with Annex VIII, specifying in the text of the notice the internet address at
which this documentation is accessible.
This reduction may be added to that referred to in paragraph 5.
7. If, for whatever reason, the specifications and the supporting documents or
additional information, although requested in good time, are not supplied within
the time limits set in Articles 39 and 40, or where tenders can be made only
after a visit to the site or after on-the-spot inspection of the documents
supporting the contract documents, the time limits for the receipt of tenders
shall be extended so that all economic operators concerned may be aware of all
the information needed to produce tenders.
8. In the case of restricted procedures and negotiated procedures with
publication of a contract notice referred to in Article 30, where urgency
renders impracticable the time limits laid down in this Article, contracting
authorities may fix:
(a) a time limit for the receipt of requests to participate which may not be
less than 15 days from the date on which the contract notice was sent, or less
than 10 days if the notice was sent by electronic means, in accordance with the
format and procedure for sending notices indicated in point 3 of Annex VIII;
(b) and, in the case of restricted procedures, a time limit for the receipt of
tenders which shall be not less than 10 days from the date of the invitation to
tender.
Article 39
Open procedures: Specifications, additional documents and information
1. In open procedures, where contracting authorities do not offer unrestricted
and full direct access by electronic means in accordance with Article 38(6) to
the specifications and any supporting documents, the specifications and
supplementary documents shall be sent to economic operators within six days of
receipt of the request to participate, provided that the request was made in
good time before the deadline for the submission of tenders.
2. Provided that it has been requested in good time, additional information
relating to the specifications and any supporting documents shall be supplied by
the contracting authorities or competent departments not later than six days
before the deadline fixed for the receipt of tenders.
Article 40
Invitations to submit a tender, participate in the dialogue or negotiate
1. In restricted procedures, competitive dialogue procedures and negotiated
procedures with publication of a contract notice within the meaning of Article
30, contracting authorities shall simultaneously and in writing invite the
selected candidates to submit their tenders or to negotiate or, in the case of a
competitive dialogue, to take part in the dialogue.
2. The invitation to the candidates shall include either:
- a copy of the specifications or of the descriptive document and any supporting
documents, or
- a reference to accessing the specifications and the other documents indicated
in the first indent, when they are made directly available by electronic means
in accordance with Article 38(6).
3. Where an entity other than the contracting authority responsible for the
award procedure has the specifications, the descriptive document and/or any
supporting documents, the invitation shall state the address from which those
specifications, that descriptive document and those documents may be requested
and, if appropriate, the deadline for requesting such documents, and the sum
payable for obtaining them and any payment procedures. The competent department
shall send that documentation to the economic operator without delay upon
receipt of a request.
4. The additional information on the specifications, the descriptive document or
the supporting documents shall be sent by the contracting authority or the
competent department not less than six days before the deadline fixed for the
receipt of tenders, provided that it is requested in good time. In the event of
a restricted or an accelerated procedure, that period shall be four days.
5. In addition, the invitation to submit a tender, to participate in the
dialogue or to negotiate must contain at least:
(a) a reference to the contract notice published;
(b) the deadline for the receipt of the tenders, the address to which the
tenders must be sent and the language or languages in which the tenders must be
drawn up;
(c) in the case of competitive dialogue the date and the address set for the
start of consultation and the language or languages used;
(d) a reference to any possible adjoining documents to be submitted, either in
support of verifiable declarations by the tenderer in accordance with Article
44, or to supplement the information referred to in that Article, and under the
conditions laid down in Articles 47 and 48;
(e) the relative weighting of criteria for the award of the contract or, where
appropriate, the descending order of importance for such criteria, if they are
not given in the contract notice, the specifications or the descriptive
document.
However, in the case of contracts awarded in accordance with the rules laid down
in Article 29, the information referred to in (b) above shall not appear in the
invitation to participate in the dialogue but it shall appear in the invitation
to submit a tender.
Article 41
Informing candidates and tenderers
1. Contracting authorities shall as soon as possible inform candidates and
tenderers of decisions reached concerning the conclusion of a framework
agreement, the award of the contract or admittance to a dynamic purchasing
system, including the grounds for any decision not to conclude a framework
agreement or award a contract for which there has been a call for competition or
to recommence the procedure or implement a dynamic purchasing system; that
information shall be given in writing upon request to the contracting
authorities.
2. On request from the party concerned, the contracting authority shall as
quickly as possible inform:
- any unsuccessful candidate of the reasons for the rejection of his
application,
- any unsuccessful tenderer of the reasons for the rejection of his tender,
including, for the cases referred to in Article 23, paragraphs 4 and 5, the
reasons for its decision of non-equivalence or its decision that the works,
supplies or services do not meet the performance or functional requirements,
- any tenderer who has made an admissible tender of the characteristics and
relative advantages of the tender selected as well as the name of the successful
tenderer or the parties to the framework agreement.
The time taken may in no circumstances exceed 15 days from receipt of the
written request.
3. However, contracting authorities may decide to withhold certain information
referred to in paragraph 1, regarding the contract award, the conclusion of
framework agreements or admittance to a dynamic purchasing system where the
release of such information would impede law enforcement, would otherwise be
contrary to the public interest, would prejudice the legitimate commercial
interests of economic operators, whether public or private, or might prejudice
fair competition between them.
Article 42
Rules applicable to communication
1. All communication and information exchange referred to in this Title may be
by post, by fax, by electronic means in accordance with paragraphs 4 and 5, by
telephone in the cases and circumstances referred to in paragraph 6, or by a
combination of those means, according to the choice of the contracting
authority.
2. The means of communication chosen must be generally available and thus not
restrict economic operators' access to the tendering procedure.
3. Communication and the exchange and storage of information shall be carried
out in such a way as to ensure that the integrity of data and the
confidentiality of tenders and requests to participate are preserved, and that
the contracting authorities examine the content of tenders and requests to
participate only after the time limit set for submitting them has expired.
4. The tools to be used for communicating by electronic means, as well as their
technical characteristics, must be non-discriminatory, generally available and
interoperable with the information and communication technology products in
general use.
5. The following rules are applicable to devices for the electronic transmission
and receipt of tenders and to devices for the electronic receipt of requests to
participate:
(a) information regarding the specifications necessary for the electronic
submission of tenders and requests to participate, including encryption, shall
be available to interested parties. Moreover, the devices for the electronic
receipt of tenders and requests to participate shall conform to the requirements
of Annex X;
(b) Member States may, in compliance with Article 5 of Directive 1999/93/EC,
require that electronic tenders be accompanied by an advanced electronic
signature in conformity with paragraph 1 thereof;
(c) Member States may introduce or maintain voluntary accreditation schemes
aiming at enhanced levels of certification service provision for these devices;
(d) tenderers or candidates shall undertake to submit, before expiry of the time
limit laid down for submission of tenders or requests to participate, the
documents, certificates and declarations referred to in Articles 45 to 50 and
Article 52 if they do not exist in electronic format.
6. The following rules shall apply to the transmission of requests to
participate:
(a) requests to participate in procedures for the award of public contracts may
be made in writing or by telephone;
(b) where requests to participate are made by telephone, a written confirmation
must be sent before expiry of the time limit set for their receipt;
(c) contracting authorities may require that requests for participation made by
fax must be confirmed by post or by electronic means, where this is necessary
for the purposes of legal proof. Any such requirement, together with the time
limit for sending confirmation by post or electronic means, must be stated by
the contracting authority in the contract notice.
Article 43
Content of reports
For every contract, framework agreement, and every establishment of a dynamic
purchasing system, the contracting authorities shall draw up a written report
which shall include at least the following:
(a) the name and address of the contracting authority, the subject-matter and
value of the contract, framework agreement or dynamic purchasing system;
(b) the names of the successful candidates or tenderers and the reasons for
their selection;
(c) the names of the candidates or tenderers rejected and the reasons for their
rejection;
(d) the reasons for the rejection of tenders found to be abnormally low;
(e) the name of the successful tenderer and the reasons why his tender was
selected and, if known, the share of the contract or framework agreement which
the successful tenderer intends to subcontract to third parties;
(f) for negotiated procedures, the circumstances referred to in Articles 30 and
31 which justify the use of these procedures;
(g) as far as the competitive dialogue is concerned, the circumstances as laid
down in Article 29 justifying the use of this procedure;
(h) if necessary, the reasons why the contracting authority has decided not to
award a contract or framework agreement or to establish a dynamic purchasing
system.
The contracting authorities shall take appropriate steps to document the
progress of award procedures conducted by electronic means.
The report, or the main features of it, shall be communicated to the Commission
if it so requests.
Article 44
Verification of the suitability and choice of participants and award of
contracts
1. Contracts shall be awarded on the basis of the criteria laid down in Articles
53 and 55, taking into account Article 24, after the suitability of the economic
operators not excluded under Articles 45 and 46 has been checked by contracting
authorities in accordance with the criteria of economic and financial standing,
of professional and technical knowledge or ability referred to in Articles 47 to
52, and, where appropriate, with the non-discriminatory rules and criteria
referred to in paragraph 3.
2. The contracting authorities may require candidates and tenderers to meet
minimum capacity levels in accordance with Articles 47 and 48.
The extent of the information referred to in Articles 47 and 48 and the minimum
levels of ability required for a specific contract must be related and
proportionate to the subject-matter of the contract.
These minimum levels shall be indicated in the contract notice.
3. In restricted procedures, negotiated procedures with publication of a
contract notice and in the competitive dialogue procedure, contracting
authorities may limit the number of suitable candidates they will invite to
tender, to negotiate or to conduct a dialogue with, provided a sufficient number
of suitable candidates is available. The contracting authorities shall indicate
in the contract notice the objective and non-discriminatory criteria or rules
they intend to apply, the minimum number of candidates they intend to invite
and, where appropriate, the maximum number.
In the restricted procedure the minimum shall be five. In the negotiated
procedure with publication of a contract notice and the competitive dialogue
procedure the minimum shall be three. In any event the number of candidates
invited shall be sufficient to ensure genuine competition.
The contracting authorities shall invite a number of candidates at least equal
to the minimum number set in advance. Where the number of candidates meeting the
selection criteria and the minimum levels of ability is below the minimum
number, the contracting authority may continue the procedure by inviting the
candidate(s) with the required capabilities. In the context of this same
procedure, the contracting authority may not include other economic operators
who did not request to participate, or candidates who do not have the required
capabilities.
4. Where the contracting authorities exercise the option of reducing the number
of solutions to be discussed or of tenders to be negotiated, as provided for in
Articles 29(4) and 30(4), they shall do so by applying the award criteria stated
in the contract notice, in the specifications or in the descriptive document. In
the final stage, the number arrived at shall make for genuine competition
insofar as there are enough solutions or suitable candidates.
Article 45
Personal situation of the candidate or tenderer
1. Any candidate or tenderer who has been the subject of a conviction by final
judgment of which the contracting authority is aware for one or more of the
reasons listed below shall be excluded from participation in a public contract:
(a) participation in a criminal organisation, as defined in Article 2(1) of
Council Joint Action 98/733/JHA(20);
(b) corruption, as defined in Article 3 of the Council Act of 26 May 1997(21)
and Article 3(1) of Council Joint Action 98/742/JHA(22) respectively;
(c) fraud within the meaning of Article 1 of the Convention relating to the
protection of the financial interests of the European Communities(23);
(d) money laundering, as defined in Article 1 of Council Directive 91/308/EEC of
10 June 1991 on prevention of the use of the financial system for the purpose of
money laundering(24).
Member States shall specify, in accordance with their national law and having
regard for Community law, the implementing conditions for this paragraph.
They may provide for a derogation from the requirement referred to in the first
subparagraph for overriding requirements in the general interest.
For the purposes of this paragraph, the contracting authorities shall, where
appropriate, ask candidates or tenderers to supply the documents referred to in
paragraph 3 and may, where they have doubts concerning the personal situation of
such candidates or tenderers, also apply to the competent authorities to obtain
any information they consider necessary on the personal situation of the
candidates or tenderers concerned. Where the information concerns a candidate or
tenderer established in a State other than that of the contracting authority,
the contracting authority may seek the cooperation of the competent authorities.
Having regard for the national laws of the Member State where the candidates or
tenderers are established, such requests shall relate to legal and/or natural
persons, including, if appropriate, company directors and any person having
powers of representation, decision or control in respect of the candidate or
tenderer.
2. Any economic operator may be excluded from participation in a contract where
that economic operator:
(a) is bankrupt or is being wound up, where his affairs are being administered
by the court, where he has entered into an arrangement with creditors, where he
has suspended business activities or 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 of an arrangement
with creditors or of any other similar proceedings under national laws and
regulations;
(c) has been convicted by a judgment which has the force of res judicata in
accordance with the legal provisions of the country of any offence concerning
his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which
the contracting authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security
contributions in accordance with the legal provisions of the country in which he
is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance
with the legal provisions of the country in which he is established or with
those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required
under this Section or has not supplied such information.
Member States shall specify, in accordance with their national law and having
regard for Community law, the implementing conditions for this paragraph.
3. Contracting authorities shall accept the following as sufficient evidence
that none of the cases specified in paragraphs 1 or 2(a), (b), (c), (e) or (f)
applies to the economic operator:
(a) as regards paragraphs 1 and 2(a), (b) and (c), the production of an extract
from the "judicial record" or, failing that, of an equivalent document issued by
a competent judicial or administrative authority in the country of origin or the
country whence that person comes showing that these requirements have been met;
(b) as regards paragraph 2(e) and (f), a certificate issued by the competent
authority in the Member State concerned.
Where the country in question does not issue such documents or certificates, or
where these do not cover all the cases specified in paragraphs 1 and 2(a), (b)
and (c), they may be replaced by a declaration on oath or, in Member States
where there is no provision for declarations on oath, by a solemn declaration
made by the person concerned before a competent judicial or administrative
authority, a notary or a competent professional or trade body, in the country of
origin or in the country whence that person comes.
4. Member States shall designate the authorities and bodies competent to issue
the documents, certificates or declarations referred to in paragraph 3 and shall
inform the Commission thereof. Such notification shall be without prejudice to
data protection law.
Article 46
Suitability to pursue the professional activity
Any economic operator wishing to take part in a public contract may be requested
to prove its enrolment, as prescribed in his Member State of establishment, on
one of the professional or trade registers or to provide a declaration on oath
or a certificate as described in Annex IX A for public works contracts, in Annex
IX B for public supply contracts and in Annex IX C for public service contracts.
In procedures for the award of public service contracts, insofar as candidates
or tenderers have to possess a particular authorisation or to be members of a
particular organisation in order to be able to perform in their country of
origin the service concerned, the contracting authority may require them to
prove that they hold such authorisation or membership.
Article 47
Economic and financial standing
1. Proof of the economic operator's economic and financial standing may, as a
general rule, be furnished by one or more of the following references:
(a) appropriate statements from banks or, where appropriate, evidence of
relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets,
where publication of the balance-sheet is required under the law of the country
in which the economic operator is established;
(c) a statement of the undertaking's overall turnover and, where appropriate, of
turnover in the area covered by the contract for a maximum of the last three
financial years available, depending on the date on which the undertaking was
set up or the economic operator started trading, as far as the information on
these turnovers is available.
2. An economic operator may, where appropriate and for a particular contract,
rely on the capacities of other entities, regardless of the legal nature of the
links which it has with them. It must in that case prove to the contracting
authority that it will have at its disposal the resources necessary, for
example, by producing an undertaking by those entities to that effect.
3. Under the same conditions, a group of economic operators as referred to in
Article 4 may rely on the capacities of participants in the group or of other
entities.
4. Contracting authorities shall specify, in the contract notice or in the
invitation to tender, which reference or references mentioned in paragraph 1
they have chosen and which other references must be provided.
5. If, for any valid reason, the economic operator 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 48
Technical and/or professional ability
1. The technical and/or professional abilities of the economic operators shall
be assessed and examined in accordance with paragraphs 2 and 3.
2. Evidence of the economic operators' technical abilities may be furnished by
one or more of the following means according to the nature, quantity or
importance, and use of the works, supplies or services:
(a) (i) a list of the works carried out over the past five years, accompanied by
certificates of satisfactory execution for the most important works. These
certificates shall indicate the value, date and site of the works and shall
specify whether they were carried out according to the rules of the trade and
properly completed. Where appropriate, the competent authority shall submit
these certificates to the contracting authority direct;
(ii) a list of the principal deliveries effected or the main services provided
in the past three years, with the sums, dates and recipients, whether public or
private, involved. Evidence of delivery and services provided shall be given:
- where the recipient was a contracting authority, in the form of certificates
issued or countersigned by the competent authority,
- where the recipient was a private purchaser, by the purchaser's certification
or, failing this, simply by a declaration by the economic operator;
(b) an indication of the technicians or technical bodies involved, whether or
not belonging directly to the economic operator's undertaking, especially those
responsible for quality control and, in the case of public works contracts,
those upon whom the contractor can call in order to carry out the work;
(c) a description of the technical facilities and measures used by the supplier
or service provider for ensuring quality and the undertaking's study and
research facilities;
(d) where the products or services 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 or service provider is established, subject to that body's
agreement, on the production capacities of the supplier or the technical
capacity of the service provider and, if necessary, on the means of study and
research which are available to it and the quality control measures it will
operate;
(e) the educational and professional qualifications of the service provider or
contractor and/or those of the undertaking's managerial staff and, in
particular, those of the person or persons responsible for providing the
services or managing the work;
(f) for public works contracts and public services contracts, and only in
appropriate cases, an indication of the environmental management measures that
the economic operator will be able to apply when performing the contract;
(g) a statement of the average annual manpower of the service provider or
contractor and the number of managerial staff for the last three years;
(h) a statement of the tools, plant or technical equipment available to the
service provider or contractor for carrying out the contract;
(i) an indication of the proportion of the contract which the services provider
intends possibly to subcontract;
(j) with regard to the products to be supplied:
(i) samples, descriptions and/or photographs, the authenticity of which must be
certified if the contracting authority so requests;
(ii) certificates drawn up by official quality control institutes or agencies of
recognised competence attesting the conformity of products clearly identified by
references to specifications or standards.
3. An economic operator may, where appropriate and for a particular contract,
rely on the capacities of other entities, regardless of the legal nature of the
links which it has with them. It must in that case prove to the contracting
authority that it will have at its disposal the resources necessary for the
execution of the contract, for example, by producing an undertaking by those
entities to place the necessary resources at the disposal of the economic
operator.
4. Under the same conditions a group of economic operators as referred to
Article 4 may rely on the abilities of participants in the group or in other
entities.
5. In procedures for awarding public contracts having as their object supplies
requiring siting or installation work, the provision of services and/or the
execution of works, the ability of economic operators to provide the service or
to execute the installation or the work may be evaluated in particular with
regard to their skills, efficiency, experience and reliability.
6. The contracting authority shall specify, in the notice or in the invitation
to tender, which references under paragraph 2 it wishes to receive.
Article 49
Quality assurance standards
Should they require the production of certificates drawn up by independent
bodies attesting the compliance of the economic operator with certain quality
assurance standards, contracting authorities shall refer to quality assurance
systems based on the relevant European standards series certified by bodies
conforming to the European standards series concerning certification. They shall
recognise equivalent certificates from bodies established in other Member
States. They shall also accept other evidence of equivalent quality assurance
measures from economic operators.
Article 50
Environmental management standards
Should contracting authorities, in the cases referred to in Article 48(2)(f),
require the production of certificates drawn up by independent bodies attesting
the compliance of the economic operator with certain environmental management
standards, they shall refer to the Community Eco-Management and Audit Scheme (EMAS)
or to environmental management standards based on the relevant European or
international standards certified by bodies conforming to Community law or the
relevant European or international standards concerning certification. They
shall recognise equivalent certificates from bodies established in other Member
States. They shall also accept other evidence of equivalent environmental
management measures from economic operators.
Article 51
Additional documentation and information
The contracting authority may invite economic operators to supplement or clarify
the certificates and documents submitted pursuant to Articles 45 to 50.
Article 52
Official lists of approved economic operators and certification by bodies
established under public or private law
1. Member States may introduce either official lists of approved contractors,
suppliers or service providers or certification by certification bodies
established in public or private law.
Member States shall adapt the conditions for registration on these lists and for
the issue of certificates by certification bodies to the provisions of Article
45(1), Article 45(2)(a) to (d) and (g), Articles 46, Article 47(1), (4) and (5),
Article 48(1), (2), (5) and (6), Article 49 and, where appropriate, Article 50.
Member States shall also adapt them to Article 47(2) and Article 48(3) as
regards applications for registration submitted by economic operators belonging
to a group and claiming resources made available to them by the other companies
in the group. In such case, these operators must prove to the authority
establishing the official list that they will have these resources at their
disposal throughout the period of validity of the certificate attesting to their
being registered in the official list and that throughout the same period these
companies continue to fulfil the qualitative selection requirements laid down in
the Articles referred to in the second subparagraph on which operators rely for
their registration.
2. Economic operators registered on the official lists or having a certificate
may, for each contract, submit to the contracting authority a certificate of
registration issued by the competent authority or the certificate issued by the
competent certification body. The certificates shall state the references which
enabled them to be registered in the list/to obtain certification and the
classification given in that list.
3. Certified registration on official lists by the competent bodies or a
certificate issued by the certification body shall not, for the purposes of the
contracting authorities of other Member States, constitute a presumption of
suitability except as regards Articles 45(1) and (2)(a) to (d) and (g), Article
46, Article 47(1)(b) and (c), and Article 48(2)(a)(i), (b), (e), (g) and (h) in
the case of contractors, (2)(a)(ii), (b), (c), (d) and (j) in the case of
suppliers and 2(a)(ii) and (c) to (i) in the case of service providers.
4. Information which can be deduced from registration on official lists or
certification may not be questioned without justification. With regard to the
payment of social security contributions and taxes, an additional certificate
may be required of any registered economic operator whenever a contract is
offered.
The contracting authorities of other Member States shall apply paragraph 3 and
the first subparagraph of this paragraph only in favour of economic operators
established in the Member State holding the official list.
5. For any registration of economic operators of other Member States in an
official list or for their certification by the bodies referred to in paragraph
1, no further proof or statements can be required other than those requested of
national economic operators and, in any event, only those provided for under
Articles 45 to 49 and, where appropriate, Article 50.
However, economic operators from other Member States may not be obliged to
undergo such registration or certification in order to participate in a public
contract. The contracting authorities shall recognise equivalent certificates
from bodies established in other Member States. They shall also accept other
equivalent means of proof.
6. Economic operators may ask at any time to be registered in an official list
or for a certificate to be issued. They must be informed within a reasonably
short period of time of the decision of the authority drawing up the list or of
the competent certification body.
7. The certification bodies referred to in paragraph 1 shall be bodies complying
with European certification standards.
8. Member States which have official lists or certification bodies as referred
to in paragraph 1 shall be obliged to inform the Commission and the other Member
States of the address of the body to which applications should be sent.
Article 53
Contract award criteria
1. Without prejudice to national laws, regulations or administrative provisions
concerning the remuneration of certain services, the criteria on which the
contracting authorities shall base the award of public contracts shall be
either:
(a) when the award is made to the tender most economically advantageous from the
point of view of the contracting authority, various criteria linked to the
subject-matter of the public contract in question, for example, quality, price,
technical merit, aesthetic and functional characteristics, environmental
characteristics, running costs, cost-effectiveness, after-sales service and
technical assistance, delivery date and delivery period or period of completion,
or
(b) the lowest price only.
2. Without prejudice to the provisions of the third subparagraph, in the case
referred to in paragraph 1(a) the contracting authority shall specify in the
contract notice or in the contract documents or, in the case of a competitive
dialogue, in the descriptive document, the relative weighting which it gives to
each of the criteria chosen to determine the most economically advantageous
tender.
Those weightings can be expressed by providing for a range with an appropriate
maximum spread.
Where, in the opinion of the contracting authority, weighting is not possible
for demonstrable reasons, the contracting authority shall indicate in the
contract notice or contract documents or, in the case of a competitive dialogue,
in the descriptive document, the criteria in descending order of importance.
Article 54
Use of electronic auctions
1. Member States may provide that contracting authorities may use electronic
auctions.
2. In open, restricted or negotiated procedures in the case referred to in
Article 30(1)(a), the contracting authorities may decide that the award of a
public contract shall be preceded by an electronic auction when the contract
specifications can be established with precision.
In the same circumstances, an electronic auction may be held on the reopening of
competition among the parties to a framework agreement as provided for in the
second indent of the second subparagraph of Article 32(4) and on the opening for
competition of contracts to be awarded under the dynamic purchasing system
referred to in Article 33.
The electronic auction shall be based:
- either solely on prices when the contract is awarded to the lowest price,
- or on prices and/or on the new values of the features of the tenders indicated
in the specification when the contract is awarded to the most economically
advantageous tender.
3. Contracting authorities which decide to hold an electronic auction shall
state that fact in the contract notice.
The specifications shall include, inter alia, the following details:
(a) the features, the values for which will be the subject of electronic
auction, provided that such features are quantifiable and can be expressed in
figures or percentages;
(b) any limits on the values which may be submitted, as they result from the
specifications relating to the subject of the contract;
(c) the information which will be made available to tenderers in the course of
the electronic auction and, where appropriate, when it will be made available to
them;
(d) the relevant information concerning the electronic auction process;
(e) the conditions under which the tenderers will be able to bid and, in
particular, the minimum differences which will, where appropriate, be required
when bidding;
(f) the relevant information concerning the electronic equipment used and the
arrangements and technical specifications for connection.
4. Before proceeding with an electronic auction, contracting authorities shall
make a full initial evaluation of the tenders in accordance with the award
criterion/criteria set and with the weighting fixed for them.
All tenderers who have submitted admissible tenders shall be invited
simultaneously by electronic means to submit new prices and/or new values; the
invitation shall contain all relevant information concerning individual
connection to the electronic equipment being used and shall state the date and
time of the start of the electronic auction. The electronic auction may take
place in a number of successive phases. The electronic auction may not start
sooner than two working days after the date on which invitations are sent out.
5. When the contract is to be awarded on the basis of the most economically
advantageous tender, the invitation shall be accompanied by the outcome of a
full evaluation of the relevant tenderer, carried out in accordance with the
weighting provided for in the first subparagraph of Article 53(2).
The invitation shall also state the mathematical formula to be used in the
electronic auction to determine automatic rerankings on the basis of the new
prices and/or new values submitted. That formula shall incorporate the weighting
of all the criteria fixed to determine the most economically advantageous
tender, as indicated in the contract notice or in the specifications; for that
purpose, any ranges shall, however, be reduced beforehand to a specified value.
Where variants are authorised, a separate formula shall be provided for each
variant.
6. Throughout each phase of an electronic auction the contracting authorities
shall instantaneously communicate to all tenderers at least sufficient
information to enable them to ascertain their relative rankings at any moment.
They may also communicate other information concerning other prices or values
submitted, provided that that is stated in the specifications. They may also at
any time announce the number of participants in that phase of the auction. In no
case, however, may they disclose the identities of the tenderers during any
phase of an electronic auction.
7. Contracting authorities shall close an electronic auction in one or more of
the following manners:
(a) in the invitation to take part in the auction they shall indicate the date
and time fixed in advance;
(b) when they receive no more new prices or new values which meet the
requirements concerning minimum differences. In that event, the contracting
authorities shall state in the invitation to take part in the auction the time
which they will allow to elapse after receiving the last submission before they
close the electronic auction;
(c) when the number of phases in the auction, fixed in the invitation to take
part in the auction, has been completed.
When the contracting authorities have decided to close an electronic auction in
accordance with subparagraph (c), possibly in combination with the arrangements
laid down in subparagraph (b), the invitation to take part in the auction shall
indicate the timetable for each phase of the auction.
8. After closing an electronic auction contracting authorities shall award the
contract in accordance with Article 53 on the basis of the results of the
electronic auction.
Contracting authorities may not have improper recourse to electronic auctions
nor may they use them in such a way as to prevent, restrict or distort
competition or to change the subject-matter of the contract, as put up for
tender in the published contract notice and defined in the specification.
Article 55
Abnormally low tenders
1. If, for a given contract, tenders appear to be abnormally low in relation to
the goods, works or services, the contracting authority shall, before it may
reject those tenders, request in writing details of the constituent elements of
the tender which it considers relevant.
Those details may relate in particular to:
(a) the economics of the construction method, the manufacturing process or the
services provided;
(b) the technical solutions chosen and/or any exceptionally favourable
conditions available to the tenderer for the execution of the work, for the
supply of the goods or services;
(c) the originality of the work, supplies or services proposed by the tenderer;
(d) compliance with the provisions relating to employment protection and working
conditions in force at the place where the work, service or supply is to be
performed;
(e) the possibility of the tenderer obtaining State aid.
2. The contracting authority shall verify those constituent elements by
consulting the tenderer, taking account of the evidence supplied.
3. Where a contracting authority establishes that a tender is abnormally low
because the tenderer has obtained State aid, the tender can be rejected on that
ground alone only after consultation with the tenderer where the latter is
unable to prove, within a sufficient time limit fixed by the contracting
authority, that the aid in question was granted legally. Where the contracting
authority rejects a tender in these circumstances, it shall inform the
Commission of that fact.
Article 56
Scope
This Chapter shall apply to all public works concession contracts concluded by
the contracting authorities where the value of the contracts is equal to or
greater than EUR 6242000.
The value shall be calculated in accordance with the rules applicable to public
works contracts defined in Article 9.
Article 57
Exclusions from the scope
This Title shall not apply to public works concessions which are awarded:
(a) in the cases referred to in Articles 13, 14 and 15 of this Directive in
respect of public works contracts;
(b) by contracting authorities exercising one or more of the activities referred
to in Articles 3 to 7 of Directive 2004/17/EC where those concessions are
awarded for carrying out those activities.
However, this Directive shall continue to apply to public works concessions
awarded by contracting authorities carrying out one or more of the activities
referred to in Article 6 of Directive 2004/17/EC and awarded for those
activities, insofar as the Member State concerned takes advantage of the option
referred to in the second subparagraph of Article 71 thereof to defer its
application.
Article 58
Publication of the notice concerning public works concessions
1. Contracting authorities which wish to award a public works concession
contract shall make known their intention by means of a notice.
2. Notices of public works concessions shall contain the information referred to
in Annex VII C and, where appropriate, any other information deemed useful by
the contracting authority, in accordance with the standard forms adopted by the
Commission pursuant to the procedure in Article 77(2).
3. Notices shall be published in accordance with Article 36(2) to (8).
4. Article 37 on the publication of notices shall also apply to public works
concessions.
Article 59
Time limit
When contracting authorities resort to a public works concession, the time limit
for the presentation of applications for the concession shall be not less than
52 days from the date of dispatch of the notice, except where Article 38(5)
applies.
Article 38(7) shall apply.
Article 60
Subcontracting
The contracting authority may either:
(a) require the concessionaire to award contracts representing a minimum of 30 %
of the total value of the work for which the concession contract is to be
awarded, to third parties, at the same time providing the option for candidates
to increase this percentage, this minimum percentage being specified in the
concession contract, or
(b) request the candidates for concession contracts to specify in their tenders
the percentage, if any, of the total value of the work for which the concession
contract is to be awarded which they intend to assign to third parties.
Article 61
Awarding of additional works to the concessionaire
This Directive shall not apply to additional works not included in the
concession project initially considered or in the initial contract but which
have, through unforeseen circumstances, become necessary for the performance of
the work described therein, which the contracting authority has awarded to the
concessionaire, on condition that the award is made to the economic operator
performing such work:
- when such additional works cannot be technically or economically separated
from the initial contract without major inconvenience to the contracting
authorities, or
- when such works, although separable from the performance of the initial
contract, are strictly necessary for its completion.
However, the aggregate value of contracts awarded for additional works may not
exceed 50 % of the amount of the original works concession contract.
Article 62
Applicable rules
Where the concessionaire is a contracting authority as referred to in Article
1(9), it shall comply with the provisions laid down by this Directive for public
works contracts in the case of works to be carried out by third parties.
CHAPTER III
Rules applicable to contracts awarded by concessionaires which are not
contracting authorities
Article 63
Advertising rules: threshold and exceptions
1. The Member States shall take the necessary measures to ensure that public
works concessionaires which are not contracting authorities apply the
advertising rules defined in Article 64 when awarding works contracts to third
parties where the value of such contracts is equal to or greater than EUR
6242000.
Advertising shall not, however, be required where a works contract satisfies the
conditions listed in Article 31.
The values of contracts shall be calculated in accordance with the rules
applicable to public works contracts laid down in Article 9.
2. Groups of undertakings which have been formed to obtain the concession or
undertakings related to them shall not be considered third parties.
"Related undertaking" shall mean any undertaking over which the concessionaire
can exert a dominant influence, whether directly or indirectly, or any
undertaking which can exert a dominant influence on the concessionaire or which,
as the concessionaire, is subject to the dominant influence of another
undertaking as a result of ownership, financial participation or the rules which
govern it. A dominant influence on the part of an undertaking is presumed when,
directly or indirectly in relation to another undertaking, it:
(a) holds a majority of the undertaking's subscribed capital;
(b) controls a majority of the votes attached to the shares issued by the
undertaking; or
(c) can appoint more than half of the undertaking's administrative, management
or supervisory body.
The exhaustive list of such undertakings shall be included in the application
for the concession. That list shall be brought up to date following any
subsequent changes in the relationship between the undertakings.
Article 64
Publication of the notice
1. Works concessionaires which are not contracting authorities and which wish to
award works contracts to a third party shall make known their intention by way
of a notice.
2. Notices shall contain the information referred to in Annex VII C and, where
appropriate, any other information deemed useful by the works concessionaire, in
accordance with the standard form adopted by the Commission in accordance with
the procedure in Article 77(2).
3. The notice shall be published in accordance with Article 36(2) to (8).
4. Article 37 on the voluntary publication of notices shall also apply.
Article 65
Time limit for the receipt of requests to participate and receipt of tenders
In works contracts awarded by a works concessionaire which is not a contracting
authority, the time limit for the receipt of requests to participate, fixed by
the concessionaire, shall be not less than 37 days from the date on which the
contract notice was dispatched and the time limit for the receipt of tenders not
less than 40 days from the date on which the contract notice or the invitation
to tender was dispatched.
Article 38(5), (6) and (7) shall apply.
Article 66
General provisions
1. The rules for the organisation of design contests shall be in conformity with
Articles 66 to 74 and shall be communicated to those interested in participating
in the contest.
2. The admission of participants to design contests shall not be limited:
(a) by reference to the territory or part of the territory of a Member State;
(b) on the grounds that, under the law of the Member State in which the contest
is organised, they would be required to be either natural or legal persons.
Article 67
Scope
1. In accordance with this Title, design contests shall be organised by:
(a) contracting authorities which are listed as central government authorities
in Annex IV, starting from a threshold equal to or greater than EUR 162000;
(b) contracting authorities not listed in Annex IV, starting from a threshold
equal to or greater than EUR 249000;
(c) by all the contracting authorities, starting from a threshold equal to or
greater than EUR 249000 where contests concern services in category 8 of Annex
II A, category 5 telecommunications services, the positions of which in the CPV
are equivalent to reference Nos CPC 7524, 7525 and 7526 and/or services listed
in Annex II B.
2. This Title shall apply to:
(a) design contests organised as part of a procedure leading to the award of a
public service contract;
(b) design contests with prizes and/or payments to participants.
In the cases referred to in (a) the threshold refers to the estimated value net
of VAT of the public services contract, including any possible prizes and/or
payments to participants.
In the cases referred to in (b), the threshold refers to the total amount of the
prizes and payments, including the estimated value net of VAT of the public
services contract which might subsequently be concluded under Article 31(3) if
the contracting authority does not exclude such an award in the contest notice.
Article 68
Exclusions from the scope
This Title shall not apply to:
(a) design contests within the meaning of Directive 2004/17/EC which are
organised by contracting authorities exercising one or more of the activities
referred to in Articles 3 to 7 of that Directive and are organised for the
pursuit of such activities; nor shall it apply to contests excluded from the
scope of this Directive.
However, this Directive shall continue to apply to design contests awarded by
contracting authorities carrying out one or more of the activities referred to
in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar
as the Member State concerned takes advantage of the option referred to in the
second subparagraph of Article 71 thereof to defer its application;
(b) contests which are organised in the same cases as those referred to in
Articles 13, 14 and 15 of this Directive for public service contracts.
Article 69
Notices
1. Contracting authorities which wish to carry out a design contest shall make
known their intention by means of a contest notice.
2. Contracting authorities which have held a design contest shall send a notice
of the results of the contest in accordance with Article 36 and must be able to
prove the date of dispatch.
Where the release of information on the outcome of the contest would impede law
enforcement, be contrary to the public interest, prejudice the legitimate
commercial interests of a particular enterprise, whether public or private, or
might prejudice fair competition between service providers, such information
need not be published.
3. Article 37 concerning publication of notices shall also apply to contests.
Article 70
Form and manner of publication of notices of contests
1. The notices referred to in Article 69 shall contain the information referred
to in Annex VII D in accordance with the standard model notices adopted by the
Commission in accordance with the procedure in Article 77(2).
2. The notices shall be published in accordance with Article 36(2) to (8).
Article 71
Means of communication
1. Article 42(1), (2) and (4) shall apply to all communications relating to
contests.
2. Communications, exchanges and the storage of information shall be such as to
ensure that the integrity and the confidentiality of all information
communicated by the participants in a contest are preserved and that the jury
ascertains the contents of plans and projects only after the expiry of the time
limit for their submission.
3. The following rules shall apply to devices for the electronic receipt of
plans and projects:
(a) the information relating to the specifications which is necessary for the
presentation of plans and projects by electronic means, including encryption,
shall be available to the parties concerned. In addition, the devices for the
electronic receipt of plans and projects shall comply with the requirements of
Annex X;
(b) the Member States may introduce or maintain voluntary arrangements for
accreditation intended to improve the level of the certification service
provided for such devices.
Article 72
Selection of competitors
Where design contests are restricted to a limited number of participants, the
contracting authorities shall lay down clear and non-discriminatory selection
criteria. In any event, the number of candidates invited to participate shall be
sufficient to ensure genuine competition.
Article 73
Composition of the jury
The jury shall be composed exclusively of natural persons who are independent of
participants in the contest. Where a particular professional qualification is
required from participants in a contest, at least a third of the members of the
jury shall have that qualification or an equivalent qualification.
Article 74
Decisions of the jury
1. The jury shall be autonomous in its decisions or opinions.
2. It shall examine the plans and projects submitted by the candidates
anonymously and solely on the basis of the criteria indicated in the contest
notice.
3. It shall record its ranking of projects in a report, signed by its members,
made according to the merits of each project, together with its remarks and any
points which may need clarification.
4. Anonymity must be observed until the jury has reached its opinion or
decision.
5. Candidates may be invited, if need be, to answer questions which the jury has
recorded in the minutes to clarify any aspects of the projects.
6. Complete minutes shall be drawn up of the dialogue between jury members and
candidates.
Article 75
Statistical obligations
In order to permit assessment of the results of applying this Directive, Member
States shall forward to the Commission a statistical report, prepared in
accordance with Article 76, separately addressing public supply, services and
works contracts awarded by contracting authorities during the preceding year, by
no later than 31 October of each year.
Article 76
Content of statistical report
1. For each contracting authority listed in Annex IV, the statistical report
shall detail at least:
(a) the number and value of awarded contracts covered by this Directive;
(b) the number and total value of contracts awarded pursuant to derogations to
the Agreement.
As far as possible, the data referred to in point (a) of the first subparagraph
shall be broken down by:
(a) the contract award procedures used; and
(b) for each of these procedures, works as given in Annex I and products and
services as given in Annex II identified by category of the CPV nomenclature;
(c) the nationality of the economic operator to which the contract was awarded.
Where the contracts have been concluded according to the negotiated procedure,
the data referred to in point (a) of the first subparagraph shall also be broken
down according to the circumstances referred to in Articles 30 and 31 and shall
specify the number and value of contracts awarded, by Member State and third
country of the successful contractor.
2. For each category of contracting authority which is not given in Annex IV,
the statistical report shall detail at least:
(a) the number and value of the contracts awarded, broken down in accordance
with the second subparagraph of paragraph 1;
(b) the total value of contracts awarded pursuant to derogations to the
Agreement.
3. The statistical report shall set out any other statistical information which
is required under the Agreement.
The information referred to in the first subparagraph shall be determined
pursuant to the procedure under Article 77(2).
Article 77
Advisory Committee
1. The Commission shall be assisted by the Advisory Committee for Public
Contracts set up by Article 1 of Decision 71/306/EEC(25) (hereinafter referred
to as "the Committee").
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision
1999/468/EC shall apply, in compliance with Article 8 thereof.
3. The Committee shall adopt its rules of procedure.
Article 78
Revision of the thresholds
1. The Commission shall verify the thresholds established in Article 7 every two
years from the entry into force of this Directive and shall, if necessary,
revise them in accordance with the procedure laid down in Article 77(2).
The calculation of the value of these thresholds shall be based on the average
daily value of the euro, expressed in SDRs, over the 24 months terminating on
the last day of August preceding the revision with effect from 1 January. The
value of the thresholds thus revised shall, where necessary, be rounded down to
the nearest thousand euro so as to ensure that the thresholds in force provided
for by the Agreement, expressed in SDRs, are observed.
2. At the same time as the revision under paragraph 1, the Commission, in
accordance with the procedure under Article 77(2), shall align:
(a) the thresholds established in (a) of the first subparagraph of Article 8, in
Article 56 and in the first subparagraph of Article 63(1) on the revised
threshold applying to public works contracts;
(b) the thresholds established in (b) of the first subparagraph of Article 8,
and in Article 67(1)(a) on the revised threshold applying to public service
contracts concluded by the contracting authorities referred to in Annex IV;
(c) the threshold established in Article 67(1)(b) and (c) on the revised
threshold applying to public service contracts awarded by the contracting
authorities not included in Annex IV.
3. The value of the thresholds set pursuant to paragraph 1 in the national
currencies of the Member States which are not participating in monetary union is
normally to be adjusted every two years from 1 January 2004 onwards. The
calculation of such value shall be based on the average daily values of those
currencies expressed in euro over the 24 months terminating on the last day of
August preceding the revision with effect from 1 January.
4. The revised thresholds referred to in paragraph 1 and their corresponding
values in the national currencies referred to in paragraph 3 shall be published
by the Commission in the Official Journal of the European Union at the beginning
of the month of November following their revision.
Article 79
Amendments
1. In accordance with the procedure referred to in Article 77(2), the Commission
may amend:
(a) the technical procedures for the calculation methods set out in the second
subparagraph of Article 78(1) and in Article 78(3);
(b) the procedures for the drawing-up, transmission, receipt, translation,
collection and distribution of the notices referred to in Articles 35, 58, 64
and 69 and the statistical reports provided for in the fourth subparagraph of
Article 35(4), and in Articles 75 and 76;
(c) the procedures for specific reference to specific positions in the CPV
nomenclature in the notices;
(d) the lists of bodies and categories of bodies governed by public law in Annex
III, when, on the basis of the notifications from the Member States, these prove
necessary;
(e) the lists of central government authorities in Annex IV, following the
adaptations necessary to give effect to the Agreement;
(f) the reference numbers in the nomenclature set out in Annex I, insofar as
this does not change the material scope of this Directive, and the procedures
for reference to particular positions of this nomenclature in the notices;
(g) the reference numbers in the nomenclature set out in Annex II, insofar as
this does not change the material scope of this Directive, and the procedures
for reference in the notices to particular positions in this nomenclature within
the categories of services listed in the Annex;
(h) the procedure for sending and publishing data referred to in Annex VIII, on
grounds of technical progress or for administrative reasons;
(i) the technical details and characteristics of the devices for electronic
receipt referred to in points (a), (f) and (g) of Annex X.
Article 80
Implementation
1. The Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive no later than
31 January 2006. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this
Directive or be accompanied by such reference on the occasion of their official
publication. The methods of making such reference shall be laid down by Member
States.
2. Member States shall communicate to the Commission the text of the main
provisions of national law which they adopt in the field covered by this
Directive.
Article 81
Monitoring mechanisms
In conformity with Council Directive 89/665/EEC of 21 December 1989 on the
coordination of the laws, regulations and administrative provisions relating to
the application of review procedures to the award of public supply and public
works contracts(26), Member States shall ensure implementation of this Directive
by effective, available and transparent mechanisms.
For this purpose they may, among other things, appoint or establish an
independent body.
Article 82
Repeals
Directive 92/50/EEC, except for Article 41 thereof, and Directives 93/36/EEC and
93/37/EEC shall be repealed with effect from the date shown in Article 80,
without prejudice to the obligations of the Member States concerning the
deadlines for transposition and application set out in Annex XI.
References to the repealed Directives shall be construed as references to this
Directive and shall be read in accordance with the correlation table in Annex
XII.
Article 83
Article 84
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 31 March 2004.
For the European Parliament
The President
P. Cox
For the Council
The President
D. Roche
(1) OJ C 29 E, 30.1.2001, p. 11 and OJ C 203 E, 27.8.2002, p. 210.
(2) OJ C 193, 10.7.2001, p. 7.
(3) OJ C 144, 16.5.2001, p. 23.
(4) Opinion of the European Parliament of 17 January 2002 (OJ C 271 E,
7.11.2002, p. 176), Council Common Position of 20 Mars 2003 (OJ C 147 E,
24.6.2003, p. 1) and Position of the European Parliament of 2 July 2003 (not yet
published in the Official Journal). Legislative Resolution of the European
Parliament of 29 January 2004 and Decision of the Council of 2 February 2004.
(5) OJ L 209, 24.7.1992, p. 1. Directive as last amended by Commission Directive
2001/78/EC (OJ L 285, 29.10.2001, p. 1).
(6) OJ L 199, 9.8.1993, p. 1. Directive as last amended by Commission Directive
2001/78/EC.
(7) OJ L 199, 9.8.1993, p. 54. Directive as last amended by Commission Directive
2001/78/EC.
(8) OJ L 336, 23.12.1994, p. 1.
(9) See p. 1 of this Official Journal.
(10) OJ L 199, 9.8.1993, p. 84. Directive as last amended by Commission
Directive 2001/78/EC (OJ L 285, 29.10.2001, p. 1).
(11) OJ L 18, 21.1.1997, p. 1.
(12) OJ L 340, 16.12.2002, p.1.
(13) OJ L 13, 19.1.2000, p. 12.
(14) OJ L 178, 17.7.2000, p. 1.
(15) Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000,
p. 16).
(16) Council Directive 76/207/EEC of 9 February 1976 on the implementation of
the principle of equal treatment for men and women as regards access to
employment, vocational training and promotion, and working conditions (OJ L 39,
14.2.1976, p. 40). Directive amended by Directive 2002/73/EC of the European
Parliament and of the Council (OJ L 269, 5.10.2002, p. 15).
(17) Regulation (EC) No 761/2001 of the European Parliament and of the Council
of 19 March 2001 allowing a voluntary participation by organisations in a
Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
(18) OJ L 184, 17.7.1999, p. 23.
(19) OJ L 124, 8.6.1971, p. 1.
(20) OJ L 351, 29.12.1998, p. 1.
(21) OJ C 195, 25.6.1997, p. 1.
(22) OJ L 358, 31.12.1998, p.2.
(23) OJ C 316, 27.11.1995, p. 48.
(24) OJ L 166, 28.6.1991, p. 77. Directive as amended by Directive 2001/97/EC of
the European Parliament and of the Council of 4 December 2001 (OJ L 344,
28.12.2001, p. 76).
(25) OJ L 185, 16.8.1971, p. 15. Decision as amended by Decision 77/63/EEC (OJ L
13, 15.1.1977, p. 15).
(26) OJ L 395, 30.12. 1989, p. 33. Directive as amended by Directive 92/50/EEC.
ANNEX I
LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 1(2), POINT (b)(1)
(1) In the event of any difference of interpretation between the CPV and the
NACE, the NACE nomenclature will apply.
ANNEX II
SERVICES REFERRED TO IN ARTICLE 1(2)(d)
ANNEX II A(1)
(1) In the event of any difference of interpretation between the CPV and the
CPC, the CPC nomenclature will apply.
ANNEX II B
ANNEX III
LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW AS REFERRED TO IN
THE SECOND SUBPARAGRAPH OF ARTICLE 1(9)
Bodies
A
- Agence fédérale pour l'Accueil des demandeurs d'Asile/Federaal Agentschap voor
Opvang van Asielzoekers
- Agence fédérale pour la Sécurité de la Chaîne alimentaire/Federaal Agentschap
voor de Veiligheid van de Voedselketen
- Agence fédérale de Contrôle nucléaire/Federaal Agentschap voor nucleaire
Controle
- Agence wallonne à l'Exportation
- Agence wallonne des Télécommunications
- Agence wallonne pour l'Intégration des Personnes handicapées
- Aquafin
- Arbeitsamt der Deutschsprachigen Gemeinschaft
- Archives générales du Royaume et Archives de l'Etat dans les Provinces/Algemeen
Rijksarchief en Rijksarchief in de Provinciën Astrid
B
- Banque nationale de Belgique/Nationale Bank van België
- Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft
- Berlaymont 2000
- Bibliothèque royale Albert Ier/Koninklijke Bilbliotheek Albert I
- Bruxelles-Propreté - Agence régionale pour la Propreté/Net-Brussel -
Gewestelijke Agentschap voor Netheid
- Bureau d'Intervention et de Restitution belge/Belgisch Interventie - en
Restitutiebureau
- Bureau fédéral du Plan/Federaal Planbureau
C
- Caisse auxiliaire de Paiement des Allocations de Chômage/Hulpkas voor
Werkloosheidsuitkeringen
- Caisse auxiliaire d'Assurance Maladie-Invalidité/Hulpkas voor Ziekte - en
Invaliditeitsverzekeringen
- Caisse de Secours et de Prévoyance en Faveur des Marins/Hulp - en Voorzorgskas
voor Zeevarenden
- Caisse de Soins de Santé de la Société Nationale des Chemins de Fer Belges/Kas
der geneeskundige Verzorging van de Nationale Maatschappij der Belgische
Spoorwegen
- Caisse nationale des Calamités/Nationale Kas voor Rampenschade
- Caisse spéciale de Compensation pour Allocations familiales en Faveur des
Travailleurs occupés dans les Entreprises de Batellerie/Bijzondere Verrekenkas
voor Gezinsvergoedingen ten Bate van de Arbeiders der Ondernemingen voor
Binnenscheepvaart
- Caisse spéciale de Compensation pour Allocations familiales en Faveur des
Travailleurs occupés dans les Entreprises de Chargement, Déchargement et
Manutention de Marchandises dans les Ports, Débarcadères, Entrepôts et Stations
(appelée habituellement "Caisse spéciale de Compensation pour Allocations
familiales des Régions maritimes")/Bijzondere Verrekenkas voor
Gezinsvergoedingen ten Bate van de Arbeiders gebezigd door Ladings - en
Lossingsondernemingen en door de Stuwadoors in de Havens, Losplaatsen,
Stapelplaatsen en Stations (gewoonlijk genoemd "Bijzondere Compensatiekas voor
Kindertoeslagen van de Zeevaartgewesten")
- Centre d'Etude de l'Energie nucléaire/Studiecentrum voor Kernenergie
- Centre de recherches agronomiques de Gembloux
- Centre hospitalier de Mons
- Centre hospitalier de Tournai
- Centre hospitalier universitaire de Liège
- Centre informatique pour la Région de Bruxelles-Capitale/Centrum voor
Informatica voor het Brusselse Gewest
- Centre pour l'Egalité des Chances et la Lutte contre le Racisme/Centrum voor
Gelijkheid van Kansen en voor Racismebestrijding
- Centre régional d'Aide aux Communes
- Centrum voor Bevolkings- en Gezinsstudiën
- Centrum voor landbouwkundig Onderzoek te Gent
- Comité de Contrôle de l'Electricité et du Gaz/Controlecomité voor Elekticiteit
en Gas
- Comité national de l'Energie/Nationaal Comité voor de Energie
- Commissariat général aux Relations internationales
- Commissariaat-Generaal voor de Bevordering van de lichamelijke Ontwikkeling,
de Sport en de Openluchtrecreatie
- Commissariat général pour les Relations internationales de la Communauté
française de Belgique
- Conseil central de l'Economie/Centrale Raad voor het Bedrijfsleven
- Conseil économique et social de la Région wallonne
- Conseil national du Travail/Nationale Arbeidsraad
- Conseil supérieur de la Justice/Hoge Raad voor de Justitie
- Conseil supérieur des Indépendants et des petites et moyennes Entreprises/Hoge
Raad voor Zelfstandigen en de kleine en middelgrote Ondernemingen
- Conseil supérieur des Classes moyennes
- Coopération technique belge/Belgische technische Coöperatie
D
- Dienststelle der Deutschprachigen Gemeinschaft für Personen mit einer
Behinderung
- Dienst voor de Scheepvaart
- Dienst voor Infrastructuurwerken van het gesubsidieerd Onderwijs
- Domus Flandria
E
- Entreprise publique des Technologies nouvelles de l'Information et de la
Communication de la Communauté française
- Export Vlaanderen
F
- Financieringsfonds voor Schuldafbouw en Eenmalige Investeringsuitgaven
- Financieringsinstrument voor de Vlaamse Visserij- en Aquicultuursector
- Fonds bijzondere Jeugdbijstand
- Fonds communautaire de Garantie des Bâtiments scolaires
- Fonds culturele Infrastructuur
- Fonds de Participation
- Fonds de Vieillissement/Zilverfonds
- Fonds d'Aide médicale urgente/Fonds voor dringende geneeskundige Hulp
- Fonds de Construction d'Institutions hospitalières et médico-sociales de la
Communauté française
- Fonds de Pension pour les Pensions de Retraite du Personnel statutaire de
Belgacom/Pensioenfonds voor de Rustpensioenen van het statutair Personeel van
Belgacom
- Fonds des Accidents du Travail/Fonds voor Arbeidsongevallen
- Fonds des Maladies professionnelles/Fonds voor Beroepsziekten
- Fonds d'Indemnisation des Travailleurs licenciés en cas de Fermeture
d'Entreprises/Fonds tot Vergoeding van de in geval van Sluiting van
Ondernemingen ontslagen Werknemers
- Fonds du Logement des Familles nombreuses de la Région de Bruxelles-Capitale/Woningfonds
van de grote Gezinnen van het Brusselse hoofdstedelijk Gewest
- Fonds du Logement des Familles nombreuses de Wallonie
- Fonds Film in Vlaanderen
- Fonds national de Garantie des Bâtiments scolaires/Nationaal Warborgfonds voor
Schoolgebouwen
- Fonds national de Garantie pour la Réparation des Dégâts houillers/Nationaal
Waarborgfonds inzake Kolenmijnenschade
- Fonds piscicole de Wallonie
- Fonds pour le Financement des Prêts à des Etats étrangers/Fonds voor
Financiering van de Leningen aan Vreemde Staten
- Fonds pour la Rémunération des Mousses/Fonds voor Scheepsjongens
- Fonds régional bruxellois de Refinancement des Trésoreries communales/Brussels
gewestelijk Herfinancieringsfonds van de gemeentelijke Thesaurieën
- Fonds voor flankerend economisch Beleid
- Fonds wallon d'Avances pour la Réparation des Dommages provoqués par des
Pompages et des Prises d'Eau souterraine
G
- Garantiefonds der Deutschsprachigen Gemeinschaft für Schulbauten
- Grindfonds
H
- Herplaatsingfonds
- Het Gemeenschapsonderwijs
- Hulpfonds tot financieel Herstel van de Gemeenten
I
- Institut belge de Normalisation/Belgisch Instituut voor Normalisatie
- Institut belge des Services postaux et des Télécommunications/Belgisch
Instituut voor Postdiensten en Telecommunicatie
- Institut bruxellois francophone pour la Formation professionnelle
- Institut bruxellois pour la Gestion de l'Environnement/Brussels Instituut voor
Milieubeheer
- Institut d'Aéronomie spatiale/Instituut voor Ruimte - aëronomie
- Institut de Formation permanente pour les Classes moyennes et les petites et
moyennes Entreprises
- Institut des Comptes nationaux/Instituut voor de nationale Rekeningen
- Institut d'Expertise vétérinaire/Instituut voor veterinaire Keuring
- Institut du Patrimoine wallon
- Institut für Aus- und Weiterbildung im Mittelstand und in kleinen und
mittleren Unternehmen
- Institut géographique national/Nationaal geografisch Instituut
- Institution pour le Développement de la Gazéification souterraine/Instelling
voor de Ontwikkeling van ondergrondse Vergassing
- Institution royale de Messine/Koninklijke Gesticht van Mesen
- Institutions universitaires de droit public relevant de la Communauté flamande/Universitaire
instellingen van publiek recht afangende van de Vlaamse Gemeenschap
- Institutions universitaires de droit public relevant de la Communauté
française/Universitaire instellingen van publiek recht afhangende van de Franse
Gemeenschap
- Institut national d'Assurance Maladie-Invalidité/Rijksinstituut voor Ziekte -
en Invaliditeitsverzekering
- Institut national d'Assurances sociales pour Travailleurs indépendants/Rijksinstituut
voor de sociale Verzekeringen der Zelfstandigen
- Institut national des Industries extractives/Nationaal Instituut voor de
Extractiebedrijven
- Institut national de Recherche sur les Conditions de Travail/Nationaal
Onderzoeksinstituut voor Arbeidsomstandigheden
- Institut national des Invalides de Guerre, anciens Combattants et Victimes de
Guerre/Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en
Oorlogsslachtoffers
- Institut national des Radioéléments/Nationaal Instituut voor Radio-Elementen
- Institut national pour la Criminalistique et la Criminologie/Nationaal
Instituut voor Criminalistiek en Criminologie
- Institut pour l'Amélioration des Conditions de Travail/Instituut voor
Verbetering van de Arbeidsvoorwaarden
- Institut royal belge des Sciences naturelles/Koninklijk Belgisch Instituut
voor Natuurwetenschappen
- Institut royal du Patrimoine culturel/Koninklijk Instituut voor het
Kunstpatrimonium
- Institut royal météorologique de Belgique/Koninklijk meteorologisch Instituut
van België
- Institut scientifique de Service public en Région wallonne
- Institut scientifique de la Santé publique - Louis Pasteur/Wetenschappelijk
Instituut Volksgezondheid - Louis Pasteur
- Instituut voor de Aanmoediging van Innovatie door Wetenschap en Technologie in
Vlaanderen
- Instituut voor Bosbouw en Wildbeheer
- Instituut voor het archeologisch Patrimonium
- Investeringsdienst voor de Vlaamse autonome Hogescholen
- Investeringsfonds voor Grond- en Woonbeleid voor Vlaams-Brabant
J
- Jardin botanique national de Belgique/Nationale Plantentuin van België
K
- Kind en Gezin
- Koninklijk Museum voor schone Kunsten te Antwerpen
L
- Loterie nationale/Nationale Loterij
M
- Mémorial national du Fort de Breendonk/Nationaal Gedenkteken van het Fort van
Breendonk
- Musée royal de l'Afrique centrale/Koninklijk Museum voor Midden-Afrika
- Musées royaux d'Art et d'Histoire/Koninklijke Musea voor Kunst en Geschiedenis
- Musées royaux des Beaux-Arts de Belgique/Koninklijke Musea voor schone Kunsten
van België
O
- Observatoire royal de Belgique/Koninklijke Sterrenwacht van België
- Office central d'Action sociale et culturelle du Ministère de la Défense/Centrale
Dienst voor sociale en culturele Actie van het Ministerie van Defensie
- Office communautaire et régional de la Formation professionnelle et de
l'Emploi
- Office de Contrôle des Assurances/Controledienst voor de Verzekeringen
- Office de Contrôle des Mutualités et des Unions nationales de Mutualités/Controledienst
voor de Ziekenfondsen en de Landsbonden van Ziekenfondsen
- Office de la Naissance et de l'Enfance
- Office de Promotion du Tourisme
- Office de Sécurité sociale d'Outre-Mer/Dienst voor de overzeese sociale
Zekerheid
- Office for Foreign Investors in Wallonia
- Office national d'Allocations familiales pour Travailleurs salariés/Rijksdienst
voor Kinderbijslag voor Werknemers
- Office national de l'Emploi/Rijksdienst voor Arbeidsvoorziening
- Office national de Sécurité sociale/Rijksdienst voor sociale Zekerheid
- Office national de Sécurité sociale des Administrations provinciales et
locales/Rijksdienst voor sociale Zekerheid van de provinciale en plaatselijke
Overheidsdiensten
- Office national des Pensions/Rijksdienst voor Pensioenen
- Office national des Vacances annuelles/Rijksdienst voor jaarlijkse Vakantie
- Office national du Ducroire/Nationale Delcrederedienst
- Office régional bruxellois de l'Emploi/Brusselse gewestelijke Dienst voor
Arbeidsbemiddeling
- Office régional de Promotion de l'Agriculture et de l'Horticulture
- Office régional pour le Financement des Investissements communaux
- Office wallon de la Formation professionnelle et de l'Emploi
- Openbaar psychiatrisch Ziekenhuis-Geel
- Openbaar psychiatrisch Ziekenhuis-Rekem
- Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest
- Orchestre national de Belgique/Nationaal Orkest van België
- Organisme national des Déchets radioactifs et des Matières fissiles/Nationale
Instelling voor radioactief Afval en Splijtstoffen
P
- Palais des Beaux-Arts/Paleis voor schone Kunsten
- Participatiemaatschappij Vlaanderen
- Pool des Marins de la Marine marchande/Pool van de Zeelieden der Koopvaardij
R
- Radio et Télévision belge de la Communauté française
- Régie des Bâtiments/Regie der Gebouwen
- Reproductiefonds voor de Vlaamse Musea
S
- Service d'Incendie et d'Aide médicale urgente de la Région de
Bruxelles-Capitale/Brusselse hoofdstedelijk Dienst voor Brandweer en dringende
medische Hulp
- Société belge d'Investissement pour les pays en développement/Belgische
Investeringsmaatschappij voor Ontwinkkelingslanden
- Société d'Assainissement et de Rénovation des Sites industriels dans l'Ouest
du Brabant wallon
- Société de Garantie régionale
- Sociaal economische Raad voor Vlaanderen
- Société du Logement de la Région bruxelloise et sociétés agréées/Brusselse
Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen
- Société publique d'Aide à la Qualité de l'Environnement
- Société publique d'Administration des Bâtiments scolaires bruxellois
- publique d'Administration des Bâtiments scolaires du Brabant wallon
- Société publique d'Administration des Bâtiments scolaires du Hainaut
- Société publique d'Administration des Bâtiments scolaires de Namur
- Société publique d'Administration des Bâtiments scolaires de Liège
- Société publique d'Administration des Bâtiments scolaires du Luxembourg
- Société publique de Gestion de l'Eau
- Société wallonne du Logement et sociétés agréées
- Sofibail
- Sofibru
- Sofico
T
- Théâtre national
- Théâtre royal de la Monnaie/De Koninklijke Muntschouwburg
- Toerisme Vlaanderen
- Tunnel Liefkenshoek
U
- Universitair Ziekenhuis Gent
V
- Vlaams Commissariaat voor de Media
- Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding
- Vlaams Egalisatie Rente Fonds
- Vlaamse Hogescholenraad
- Vlaamse Huisvestingsmaatschappij en erkende maatschappijen
- Vlaamse Instelling voor technologisch Onderzoek
- Vlaamse interuniversitaire Raad
- Vlaamse Landmaatschappij
- Vlaamse Milieuholding
- Vlaamse Milieumaatschappij
- Vlaamse Onderwijsraad
- Vlaamse Opera
- Vlaamse Radio- en Televisieomroep
- Vlaamse Reguleringsinstantie voor de Elektriciteit- en Gasmarkt
- Vlaamse Stichting voor Verkeerskunde
- Vlaams Fonds voor de Lastendelging
- Vlaams Fonds voor de Letteren
- Vlaams Fonds voor de sociale Integratie van Personen met een Handicap
- Vlaams Informatiecentrum over Land- en Tuinbouw
- Vlaams Infrastructuurfonds voor Persoonsgebonden Aangelegenheden
- Vlaams Instituut voor de Bevordering van het wetenschappelijk- en
technologisch Onderzoek in de Industrie
- Vlaams Instituut voor Gezondheidspromotie
- Vlaams Instituut voor het Zelfstandig ondernemen
- Vlaams Landbouwinvesteringsfonds
- Vlaams Promotiecentrum voor Agro- en Visserijmarketing
- Vlaams Zorgfonds
- Vlaams Woningsfonds voor de grote Gezinnen
Bodies
Danmarks Radio
Det landsdækkende TV2
Danmarks Nationalbank
Sund og Bælt Holding A/S
A/S Storebælt
A/S Øresund
Øresundskonsortiet
Ørestadsselskabet I/S
Byfornyelsesselskabet København
Hovedstadsområdets Sygehusfællesskab
Statens og Kommunernes Indkøbsservice
Post Danmark
Arbejdsmarkedets Tillægspension
Arbejdsmarkedets Feriefond
Lønmodtagernes Dyrtidsfond
Naviair
Categories
- De Almene Boligorganisationer/(social housing organisations),
- Lokale kirkelige myndigheder/(local church administrations),
- Andre forvaltningssubjekter/(other public administrative bodies)
1. Categories
Authorities, establishments and foundations governed by public law and created
by Federal, State or local authorities particularly in the following fields:
1.1. Authorities
- Wissenschaftliche Hochschulen und verfasste Studentenschaften/(universities
and established student bodies),
- berufsständige Vereinigungen (Rechtsanwalts-, Notar-, Steuerberater-,
Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern)/[professional
associations representing lawyers, notaries, tax consultants, accountants,
architects, medical practitioners and pharmacists],
- Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und
Handelskammern, Handwerksinnungen, Handwerkerschaften)/[business and trade
associations: agricultural and craft associations, chambers of industry and
commerce, craftmen's guilds, tradesmen's associations],
- Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger)/[social
security institutions: health, accident and pension insurance funds],
- kassenärztliche Vereinigungen/(associations of panel doctors),
- Genossenschaften und Verbände/(cooperatives and other associations).
1.2. Establishments and foundations
Non-industrial and non-commercial establishments subject to State control and
operating in the general interest, particularly in the following fields:
- Rechtsfähige Bundesanstalten/(Federal institutions having legal capacity),
- Versorgungsanstalten und Studentenwerke/(pension organisations and students'
unions),
- Kultur-, Wohlfahrts- und Hilfsstiftungen/(cultural, welfare and relief
foundations).
2. Legal persons governed by private law
Non-industrial and non-commercial establishments subject to State control and
operating in the general interest, including kommunale Versorgungsunternehmen
(municipal utilities), particularly in the following fields:
- Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische
Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten)/[health:
hospitals, health resort establishments, medical research institutes, testing
and carcase-disposal establishments],
- Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive,
zoologische und botanische Gärten)/[culture: public theatres, orchestras,
museums, libraries, archives, zoological and botanical gardens],
- Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder- und
Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser,
Frauenhäuser, Altersheime, Obdachlosenunterkünfte)/[social welfare: nursery
schools, children's playschools, rest-homes, children's homes, hostels for young
people, leisure centres, community and civic centres, homes for battered wives,
old people's homes, accommodation for the homeless],
- Sport (Schwimmbäder, Sportanlagen und -einrichtungen)/[sport: swimming baths,
sports facilities],
- Sicherheit (Feuerwehren, Rettungsdienste)/[safety: fire brigades, other
emergency services],
- Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen,
Volkshochschulen)/[education: training, further training and retraining
establishments, adult evening classes],
- Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen,
wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung)/[science,
research and development: large-scale research institutes, scientific societies
and associations, bodies promoting science],
- Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung)/[refuse and
garbage disposal services: street cleaning, waste and sewage disposal],
- Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung,
Wohnungsunternehmen soweit im Allgemeininteresse tätig, Wohnraumvermittlung)/[building,
civil engineering and housing: town planning, urban development, housing,
enterprises (insofar as they operate in the general interest), housing agency
services],
- Wirtschaft (Wirtschaftsförderungsgesellschaften)/(economy: organizations
promoting economic development),
- Friedhofs- und Bestattungswesen/(cemeteries and burial services),
- Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische
Zusammenarbeit, Entwicklungshilfe, Ausbildung)/[cooperation with developing
countries: financing, technical cooperation, development aid, training].
Categories
a) Public enterprises and public entities
b) Legal persons governed by private law which are State-owned or which
regularly receive at least 50 % of their annual budget in the form of State
subsidies, pursuant to the applicable rules, or in which the State has a capital
holding of at least 51 %.
c) Legal persons governed by private law which are owned by legal persons
governed by public law, by local authorities of any level, including the Greek
Central Association of Local Authorities (Κ.Ε.Δ.Κ.Ε.), by local associations of
"communes", (local administrative areas) or by public entreprises or entities,
or by legal persons as referred to in b) or which regularly receive at least 50
% of their annual budget in the form of subsidies from such legal persons,
pursuant to the applicable rules or to their own articles of association, or
legal persons as referred to above which have a capital holding of at least 51 %
in such legal persons governed by public law.
Categories
- Bodies and entities governed by public law which are subject to the "Ley de
Contratos de las Administraciones Públicas",/[Spanish State legislation on
procurement]other than those which are part of the /Administración General del
Estado/(general national administration).
- Bodies and entities governed by public law which are subject to the "Ley de
Contratos de las Administraciones Públicas",/other than those which are part of
the/l'Administración de las Comunidades Autónomas/(administration of the
autonomous regions).
- Bodies and entities governed by public law which are subject to the "Ley de
Contratos de las Administraciones Públicas",/other than those which are part of
the/Corporaciones Locales/(local authorities).
- Entidades Gestoras y los Servicios Comunes de la Seguridad
Social/(administrative entities and common services of the health and social
services).
Bodies
- Collège de France
- Conservatoire national des arts et métiers
- Observatoire de Paris
- Institut national d'histoire de l'art (INHA)
- Centre national de la recherche scientifique (CNRS)
- Institut national de la recherche agronomique (INRA)
- Institut national de la santé et de la recherche médicale (INSERM)
- Institut de recherche pour le développement (IRD)
- Agence nationale pour l'emploi (ANPE)
- Caisse nationale des allocations familiales (CNAF)
- Caisse nationale d'assurance maladie des travailleurs salariés (CNAMTS)
- Caisse nationale d'assurance vieillesse des travailleurs salariés (CNAVTS)
- Compagnies et établissements consulaires: chambres de commerce et d'industrie
(CCI), chambres des métiers et chambres d'agriculture
- Office national des anciens combattants et victimes de guerre (ONAC)
Categories
1. National public bodies
- Agences de l'eau/(water supply agencies)
- Écoles d'architecture/(schools of architecture)
- Universités/(universities)
- Instituts universitaires de formation des maîtres (IUFM)/(Higher Education
Teacher Training Institutes)
2. Administrative public bodies at regional, departmental and local level
- collèges/(secondary schools)
- lycées/(secondary schools)
- établissements publics hospitaliers/(public hospitals)
- offices publics d'habitations à loyer modéré (OPHLM)/(public offices for
low-cost housing)
3. Groupings of territorial authorities
- établissements publics de coopération intercommunale/(public establishments
for cooperation between local authorities)
- institutions interdépartementales et interrégionales/(institutions common to
more than one Département and interregional institutions)
Bodies
Enterprise Ireland [Marketing, technology and enterprise development]
Forfás [Policy and advice for enterprise, trade, science, technology and
innovation]
Industrial Development Authority
Enterprise Ireland
FÁS [Industrial and employment training]
Health and Safety Authority
Bord Fáilte Éireann/[Tourism development]
CERT [Training in hotel, catering and tourism industries]
Irish Sports Council
National Roads Authority
Údarás na Gaeltachta/[Authority for Gaelic speaking regions]
Teagasc [Agricultural research, training and development]
An Bord Bia/[Food industry promotion]
An Bord Glas/[Horticulture industry promotion]
Irish Horseracing Authority
Bord na gCon/[Greyhound racing support and development]
Marine Institute
Bord Iascaigh Mhara/[Fisheries Development]
Equality Authority
Legal Aid Board
Categories
Regional Health Boards
Hospitals and similar institutions of a public character
Vocational Education Committees
Colleges and educational institutions of a public character
Central and Regional Fisheries Boards
Regional Tourism Organisations
National Regulatory and Appeals bodies [such as in the telecommunications,
energy, planning etc. areas]
Agencies established to carry out particular functions or meet needs in various
public sectors [e.g. Healthcare Materials Management Board, Health Sector
Employers Agency, Local Government Computer Services Board, Environmental
Protection Agency, National Safety Council, Institute of Public Administration,
Economic and Social Research Institute, National Standards Authority, etc.]
Other public bodies falling within the definition of a body governed by public
law in accordance with Article 1(7) of this Directive.
Bodies
Società "Stretto di Messina"
Ente autonomo mostra d'oltremare e del lavoro italiano nel mondo
Ente nazionale per l'aviazione civile - ENAC
Ente nazionale per l'assistenza al volo - ENAV
ANAS S.p.A
Categories
- Enti portuali e aeroportuali/(port and airport authorities),
- Consorzi per le opere idrauliche/(consortia for water engineering works),
- Università statali, gli istituti universitari statali, i consorzi per i lavori
interessanti le università/(State universities, State university institutes,
consortia for university development work),
- Istituzioni pubbliche di assistenza e di beneficenza/(public welfare and
benevolent institutions),
- Istituti superiori scientifici e culturali, osservatori astronomici,
astrofisici, geofisici o vulcanologici/(higher scientific and cultural
institutes, astronomical, astrophysical, geophysical or vulcanological
observatories),
- Enti di ricerca e sperimentazione/(organizations conducting research and
experimental work),
- Enti che gestiscono forme obbligatorie di previdenza e di assistenza/(agencies
administering compulsory social security and welfare schemes),
- Consorzi di bonifica/(land reclamation consortia),
- Enti di sviluppo e di irrigazione/(development and irrigation agencies),
- Consorzi per le aree industriali/(associations for industrial areas),
- Comunità montane/(groupings of muncipalities in mountain areas),
- Enti preposti a servizi di pubblico interesse/(organisations providing
services in the public interest),
- Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del
tempo libero/(public bodies engaged in entertainment, sport, tourism and leisure
activities),
- Enti culturali e di promozione artistica/(organisations promoting culture and
artistic activities).
Categories
- Établissements publics de l'État placés sous la surveillance d'un membre du
gouvernement/(public establishments of the State placed under the supervision of
a member of the Government),
- Établissements publics placés sous la surveillance des communes/(public
establishments placed under the supervision of the "communes") (local
authorities),
- Syndicats de communes créés en vertu de la loi du 23 février 2001 concernant
les syndicats de communes/(associations of local authorities created under the
law of 23 February 2001 on associations of "communes").
Bodies
Ministerie van Binnenlandse Zaken en Koninkrijksrelaties/(Ministry of the
Interior and Kingdom Relations)
- Nederlands Instituut voor Brandweer en rampenbestrijding (NIBRA)/(Netherlands
Institute for the Fire Service and for Combating Emergencies)
- Nederlands Bureau Brandweer Examens (NBBE)/(Netherlands Fire Service
Examination Board)
- Landelijk Selectie- en Opleidingsinstituut Politie (LSOP)/(National Institute
for Selection and Education of Policemen)
- 25 afzonderlijke politieregio's/(25 individual police regions)
- Stichting ICTU/(ICTU Foundation)
Ministry of Economic Affairs
- Stichting Syntens/(Syntens)
- Van Swinden Laboratorium B.V./(NMi van Swinden Laboratory)
- Nederlands Meetinstituut B.V./(Nmi Institute for Metrology and Technology)
- Instituut voor Vliegtuigontwikkeling en Ruimtevaart (NIVR)/(Netherlands Agency
for Aerospace Programmes)
- Stichting Toerisme Recreatie Nederland (TRN)/(Netherlands Board of Tourism)
- Samenwerkingsverband Noord Nederland (SNN)/(Cooperative Body of the provincial
governments of the Northern Netherlands)
- Gelderse Ontwikkelingsmaatschappij (GOM)/(Gelderland Development Company)
- Overijsselse Ontwikkelingsmaatschappij (OOM)/(OOM International Business
Development)
- LIOF (Limburg Investment Development Company LIOF)
- Noordelijke Ontwikkelingsmaatschappij (NOM)/(NOM Investment Development)
- Brabantse Ontwikkelingsmaatschappij (BOM)/(Brabant Development Agency)
- Onafhankelijke Post en Telecommunicatie Autoriteit/(Independent Post and
Telecommunications Authority)
Ministry of Finance
- De Nederlandse Bank N.V./(Netherlands Central Bank)
- Autoriteit Financiële Markten/(Netherlands Authority for the Financial
Markets)
- Pensioen- & Verzekeringskamer/(Pensions and Insurance Supervisory Authority of
the Netherlands)
Ministry of Justice
- Stichting Reclassering Nederland (SRN)/(Netherlands Rehabilitation Agency)
- Stichting VEDIVO/(VEDIVO Agency, Association for Managers in the (Family)
Guardianship)
- Voogdij- en gezinsvoogdij instellingen/(Guardianship and Family Guardianship
Institutions)
- Stichting Halt Nederland (SHN)/(Netherlands Halt (the alternative) Agency)
- Particuliere Internaten/(Private Boarding Institutions)
- Particuliere Jeugdinrichtingen/(Penal Institutions for Juvenile Offenders)
- Schadefonds Geweldsmisdrijven/(Damages Fund for Violent Crimes)
- Centraal orgaan Opvang Asielzoekers (COA)/(Agency for the Reception of Asylum
Seekers)
- Landelijk Bureau Inning Onderhoudsbijdragen (LBIO)/(National Support and
Maintenance Agency)
- Landelijke organisaties slachtofferhulp/(National Victim Compensation
Organisations)
- College Bescherming Persoongegevens/(Netherlands Data Protection Authority)
- Stichting Studiecentrum Rechtspleging (SSR)/(Administration of Justice Study
Centre Agency)
- Raden voor de Rechtsbijstand/(Legal Assistance Councils)
- Stichting Rechtsbijstand Asiel/(Asylum Seekers Legal Advice Centres)
- Stichtingen Rechtsbijstand/(Legal Assistance Agencies)
- Landelijk Bureau Racisme bestrijding (LBR)/(National Bureau against Racial
Discrimination)
- Clara Wichman Instituut/(Clara Wichman Institute)
- Tolkencentra/(Interpreting Centres)
Ministry of Agriculture, Nature Management and Fisheries
- Bureau Beheer Landbouwgronden/(Land Management Service)
- Faunafonds/(Fauna Fund)
- Staatsbosbeheer/(National Forest Service)
- Stichting Voorlichtingsbureau voor de Voeding/(Netherlands Bureau for Food and
Nutrition Education)
- Universiteit Wageningen/(Wageningen University and Research Centre)
- Stichting DLO/(Agricultural Research Department)
- (Hoofd) productschappen/(Commodity Boards)
Ministry of Education, Cultural Affairs and Science
A. General descriptions
- public schools or publicly funded private schools for primary education within
the meaning of the Wet op het primair onderwijs (Law on Primary Education)
- public or publicly funded schools for special education, secondary special
education or institutions for special and secondary education within the meaning
of the Wet op de expertisecentra (Law on Resource Centres)
- public schools or publicly funded private schools or institutions for
secondary education within the meaning of the Wet op het Voortgezet Onderwijs
(Law on Secondary Education)
- public institutions or publicly funded private institutions within the meaning
of the Wet Educatie en Beroepsonderwijs (Law on Education and Vocational
Education)
- public schools or publicly funded private schools within the meaning of the
Experimentenwet Onderwijs (Law on Experimental Education)
- publicly funded universities and higher education institutions, the Open
University, and the university hospitals, within the meaning of the Wet op het
hoger onderwijs en wetenschappelijk onderzoek (Law on Higher Education and
Scientific Research), and institutions for international education where more
than 50 % of their budget comes from public funds
- schools advisory services within the meaning of the Wet op het primair
onderwijs (Law on Primary Education) or the Wet op de expertisecentra (Law on
Resource Centres)
- national teachers' centres within the meaning of the Wet subsidiëring
landelijke onderwijsondersteunende activiteiten (Law on Subsidies for National
Educational Support Activities)
- broadcasting organisations within the meaning of the Mediawet (Media Law)
- funds within the meaning of the Wet op het Specifiek Cultuurbeleid (Law on
Specific Cultural Policy)
- national bodies for vocational education
- foundations within the meaning of the Wet Verzelfstandiging Rijksmuseale
Diensten (Law on Privatisation of National Museum Services)
- other museums which receive more than 50 % of their funds from the Ministry of
Education, Cultural Affairs and Science
- other organisations and institutions in the field of education, culture and
science which receive more than 50 % of their funds from Ministry of Education,
Cultural Affairs and Science
B. List of names
- Informatie Beheer Groep
- Stichting Participatiefonds voor het Onderwijs
- Stichting Uitvoering Kinderopvangregelingen/Kintent
- Stichting voor Vluchteling-Studenten UAF
- Koninklijke Nederlandse Academie van Wetenschappen
- Nederlandse organisatie voor internationale samenwerking in het hoger
onderwijs (Nuffic)
- Stichting Nederlands Interdisciplinair Demografisch Instituut
- Nederlandse Organisatie voor Wetenschappelijk Onderzoek
- Nederlandse Organisatie voor toegepast-natuurwetenschappelijk onderzoek
- College van Beroep voor het hoger Onderwijs
- Vereniging van openbare bibliotheken NBLC
- Koninklijke Bibliotheek
- Stichting Muziek Centrum van de Omroep
- Stichting Ether Reclame
- Stichting Radio Nederland Wereldomroep
- Nederlandse Programma Stichting
- Nederlandse Omroep Stichting
- Commissariaat voor de Media
- Stichting Stimuleringsfonds Nederlandse Culturele Omroepproducties
- Stichting Lezen
- Dienst Omroepbijdragen
- Centrum voor innovatie en opleidingen
- Bedrijfsfonds voor de Pers
- Centrum voor innovatie van opleidingen
- Instituut voor Toetsontwikkeling (Cito)
- Instituut voor Leerplanontwikkeling
- Landelijk Dienstverlenend Centrum voor Studie- en Beroepskeuzevoorlichting
- Max Goote Kenniscentrum voor Beroepsonderwijs en Volwasseneneducatie
- Stichting Vervangingsfonds en Bedrijfsgezondheidszorg voor het Onderwijs
- BVE-Raad
- Colo, Vereniging kenniscentra beroepsonderwijs bedrijfsleven
- Stichting kwaliteitscentrum examinering beroepsonderwijs
- Vereniging Jongerenorganisatie Beroepsonderwijs
- Combo Stichting Combinatie Onderwijsorganisatie
- Stichting Financiering Struktureel Vakbondsverlof Onderwijs
- Stichting Samenwerkende Centrales in het COPWO
- Stichting SoFoKles
- Europees Platform
- Stichting mobiliteitsfonds HBO
- Nederlands Audiovisueel Archiefcentrum
- Stichting minderheden Televisie Nederland
- Stichting omroep allochtonen
- Stichting multiculturele Activiteiten Utrecht
- School der Poëzie
- Nederlands Perscentrum
- Nederlands Letterkundig Museum en documentatiecentrum
- Bibliotheek voor varenden
- Christelijke bibliotheek voor blinden en slechtzienden
- Federatie van Nederlandse Blindenbibliotheken
- Nederlandse luister- en braillebibliotheek
- Federatie Slechtzienden- en Blindenbelang
- Bibliotheek Le Sage Ten Broek
- Doe Maar Dicht Maar
- ElHizjra
- Fonds Bijzondere Journalistieke Projecten
- Fund for Central and East European Book Projects
- Jongeren Onderwijs Media
Ministry of Social Affairs and Employment
- Sociale Verzekeringsbank/(Social Insurance Bank)
- Arbeidsvoorzieningsorganisatie/(Employment Service)
- Stichting Silicose Oud Mijnwerkers/(Foundation for Former Miners suffering
from Silicosis)
- Stichting Pensioen- & Verzekeringskamer/(Pensions and Insurance Supervisory
Authority of the Netherlands)
- Sociaal Economische Raad (SER)/(Social and Economic Council in the
Netherlands)
- Raad voor Werk en Inkomen (RWI)/(Council for Work and Income)
- Centrale organisatie voor werk en inkomen/(Central Organisation for Work and
Income)
- Uitvoeringsinstituut werknemersverzekeringen/(Implementing body for employee
insurance schemes)
Ministry of Transport, Communications and Public Works
- RDW Voertuig informatie en toelating/(Vehicle information and administration
service)
- Luchtverkeersbeveiligingsorganisatie (LVB)/(Air Traffic Control Agency)
- Nederlandse Loodsencorporatie (NLC)/(Netherlands maritime pilots association)
- Regionale Loodsencorporatie (RLC)/(Regional maritime pilots association)
Ministry of Housing, Planning and the Environment
- Kadaster/(Public Registers Agency)
- Centraal Fonds voor de Volkshuisvesting/(Central Housing Fund)
- Stichting Bureau Architectenregister/(Architects Register)
Ministry of Health, Welfare and Sport
- Commissie Algemene Oorlogsongevallenregeling Indonesië (COAR)
- College ter beoordeling van de Geneesmiddelen (CBG)/(Medicines Evaluation
Board)
- Commissies voor gebiedsaanwijzing
- College sanering Ziekenhuisvoorzieningen/(National Board for Redevelopment of
Hospital Facilities)
- Zorgonderzoek Nederland (ZON)/(Health Research and Development Council)
- Inspection bodies under the Wet medische hulpmiddelen/(Law on Medical
Appliances)
- N.V. KEMA/Stichting TNO Certification/(KEMA/TNO Certification)
- College Bouw Ziekenhuisvoorzieningen (CBZ)/(National Board for Hospital
Facilities)
- College voor Zorgverzekeringen (CVZ)/(Health Care Insurance Board)
- Nationaal Comité 4 en 5 mei/(National 4 and 5 May Committee)
- Pensioen- en Uitkeringsraad (PUR)/(Pension and Benefit Board)
- College Tarieven Gezondheidszorg (CTG)/(Health Service Tariff Tribunal)
- Stichting Uitvoering Omslagregeling Wet op de Toegang Ziektekostenverzekering
(SUO)
- Stichting tot bevordering van de Volksgezondheid en Milieuhygiëne (SVM)/(Foundation
for the Advancement of Public Health and Envireonment)
- Stichting Facilitair Bureau Gemachtigden Bouw VWS
- Stichting Sanquin Bloedvoorziening/(Sanquin Blood Supply Foundation)
- College van Toezicht op de Zorgverzekeringen organen ex artikel 14, lid 2c,
Wet BIG/(Supervisory Board of Health Care Insurance Committees for registration
of professional health care practices)
- Ziekenfondsen/(Health Insurance Funds)
- Nederlandse Transplantatiestichting (NTS)/(Netherlands Transplantation
Foundation)
- Regionale Indicatieorganen (RIO's)/(Regional bodies for Need Assessment).
All bodies under the budgetary control of the "Rechnungshof"/(Court of Auditors)
except those of an industrial or commercial nature.
Categories
- Institutos públicos sem carácter comercial ou industrial/(public institutions
without commercial or industrial character),
- Serviços públicos personalizados/(public services having legal personality)
- Fundações públicas/(public foundations),
- Estabelecimentos públicos de ensino, investigação científica e saúde/(public
institutions for education, scientific research and health),
Public or publicly controlled bodies and undertakings except those of an
industrial or commercial nature.
All non-commercial bodies whose public contracts are subject to supervision by
the National Board for Public Procurement.
Bodies
- Design Council
- Health and Safety Executive
- National Research Development Corporation
- Public Health Laboratory Service Board
- Advisory, Conciliation and Arbitration Service
- Commission for the New Towns
- National Blood Authority
- National Rivers Authority
- Scottish Enterprise
- Scottish Homes
- Welsh Development Agency
Categories
- Maintained schools
- Universities and colleges financed for the most part by other contracting
authorities
- National Museums and Galleries
- Research Councils
- Fire Authorities
- National Health Service Strategic Health Authorities
- Police Authorities
- New Town Development Corporations
- Urban Development Corporations
1. Ministries
2. National public establishments
3. Autre organisme public national/Other national public body
President's Establishment
Houses of the Oireachtas/[Parliament] and European Parliament
Department of thebr>
- Directoraat Generaal Internationale Samenwerking (DGIS)/(Directorate-General
for International Cooperation)
- Directoraat Generaal Europese Samenwerking (DGES)/(Directorate-General for
European Cooperation)
- Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI)/(Centre
for the Promotion of Imports from Developing Countries)
- Centrale diensten ressorterend onder P/PlvS/(support services falling under
the Secretary-General and Deputy Secretary-General)
- Buitenlandse Posten (ieder afzonderlijk)/(the various Foreign Missions)
Ministerie van Defensie/(Ministry of Defence)
- Bestuursdepartement/(Central policy and staff departments)
- Staf Defensie Interservice Commando (DICO)/(Staff Defence Interservice Command
for Support Services)
- Defensie Telematica Organisatie (DTO)/(Defence Telematics Organisation)
- Centrale directie van de Dienst Gebouwen, Werken en Terreinen/(Defence
Infrastructure Agence, Central Directorate)
- De afzonderlijke regionale directies van de Dienst Gebouwen, Werken en
Terreinen/(Defence Infrastructure Agency, Regional Directorates)
- Directie Materieel Koninklijke Marine/(Directorate of Material Royal
Netherlands Navy)
- Directie Materieel Koninklijke Landmacht/Directorate of Material Royal
Netherlands Army)
- Directie Materieel Koninklijke Luchtmacht/(Directorate of Material Royal
Netherlands Air Force)
- Landelijk Bevoorradingsbedrijf Koninklijke Landmacht (LBBKL)/(Royal
Netherlands Army National Supply Agency)
- Defensie Pijpleiding Organisatie (DPO)/(Defence Pipeline Organisation)
- Logistiek Centrum Koninklijke Luchtmacht/(Logistic Centre Royal Netherlands
Air Force)
- Koninklijke Marine, Marinebedrijf/(Royal Netherlands Navy, Maintenance
Esthablishment)
Ministerie van Economische Zaken/(Ministry of Economic Affairs)
- Bestuursdepartement/(Central policy and staff departments)
- Centraal Bureau voor de Statistiek (CBS)/(Netherlands Central Bureau of
Statistics)
- Centraal Planbureau (CPB)/(Central Plan Bureau)
- Bureau voor de Industriële Eigendom (BIE)/(Industrial Property Office)
- Senter/(Senter)
- Staatstoezicht op de Mijnen (SodM)/(State Supervision of Mines)
- Nederlandse Mededingingsautoriteit (NMa)/(Netherlands Competition Authority)
- Economische Voorlichtingsdienst (EVD)/(Netherlands Foreign Trade Agency)
- Nederlandse Onderneming voor Energie en Milieu BV (Novem)/(Agency for Energy
and Environment)
- Agentschap Telecom/(Telecom Agency)
Ministerie van Financiën/(Ministry of Finance)
- Bestuursdepartement/(Central policy and staff departments)
- Belastingdienst Automatiseringscentrum/(Tax and Custom Computer and Software
Centre)
- Belastingdienst/(Tax and Customs Administration)
- de afzonderlijke Directies der Rijksbelastingen/(the various Divisions of the
Tax and Customs Administration throughout the Netherlands)
- Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD))/(Fiscal
Information and Investigation Service (the Economic Investigation Service
included))
- Belastingdienst Opleidingen/(Tax and Customs Training Centre)
- Dienst der Domeinen/(State Property Service)
Ministerie van Justitie/(Ministry of Justice)
- Bestuursdepartement/(Central policy and staff departments)
- Dienst Justitiële Inrichtingen/(Correctional Institutions Agency)
- Raad voor de Kinderbescherming/(Child Care and Protection Agency)
- Centraal Justitie Incasso Bureau/(Central Fine Collection Agency)
- Openbaar Ministerie/(Public Prosecution Service)
- Immigratie en Naturalisatiedienst/(Immigration and Naturalisation Service)
- Nederlands Forensisch Instituut/(Netherlands Forensic Institute)
- Raad voor de Rechtspraak/(Judicial Management and Advisory Board)
Ministerie van Landbouw, Natuurbeheer en Visserij/(Ministry of Agriculture,
Nature Management and Fisheries)
- Bestuursdepartement/(Central policy and staff departments)
- Agentschap Landelijke Service bij Regelingen (LASER)/(National Service for the
Implementation of Regulations (Agency))
- Agentschap Plantenziekte kundige Dienst (PD)/(Plant Protection Service
(Agency))
- Algemene Inspectiedienst (AID)/(General Inspection Service)
- De afzonderlijke Regionale Beleidsdirecties/(Regional Policy departments)
- Agentschap Bureau Heffingen/(Levies Office (Agency))
- Dienst Landelijk Gebied (DLG)/(Government Service for Sustainable Rural
Development )
- De afzonderlijke Regionale Beleidsdirecties
Ministerie van Onderwijs, Cultuur en Wetenschappen/(Ministry of Education,
Culture and Science)
- Bestuursdepartement/(Central policy and staff departments)
- Inspectie van het Onderwijs/(Inspectorate of Education)
- Inspectie Cultuurbezit/(Inspectorate of cultural heritage)
- Centrale Financiën Instellingen/(Central Funding of Institutions Agency)
- Nationaal archief/(National Archives)
- Rijksdienst voor de archeologie/(State inspectorate for archaeology)
- Rijksarchiefinspectie/(Public Records Inspectorate)
- Adviesraad voor Wetenschaps- en Technologiebeleid/(Advisory Council for
Science and Technology Policy)
- Onderwijsraad/(Education Council)
- Rijksinstituut voor Oorlogsdocumentatie
- Instituut Collectie Nederland/(Netherlands Institute for Cultural Heritage)
- Raad voor Cultuur/(Council for Culture)
- Rijksdienst voor de Monumentenzorg/(Netherlands Department for Conservation of
Monuments)
- Rijksdienst Oudheidkundig Bodemonderzoek/(National Service for archaeological
heritage)
Ministerie van Sociale Zaken en Werkgelegenheid/(Ministry of Social Affairs and
Employment)
- Bestuursdepartement/(Central policy and staff departments)
Ministerie van Verkeer en Waterstaat/(Ministry of Transport, Public Works and
Watermanagement)
- Bestuursdepartement/(Central policy and staff departments)
- Directoraat-Generaal Luchtvaart/(Directorate-General for Civil Aviation)
- Directoraat-Generaal Goederenvervoer/(Directorate-General for Freight
Transport)
- Directoraat-Generaal Personenvervoer/Directorate-General for Passenger
Transport)
- Directoraat-Generaal Rijkswaterstaat/(Directorate-General of Public Works and
Water Management)
- Hoofdkantoor Directoraat-Generaal Rijks Waterstaat/(Public Works and Water
Management Head Office)
- De afzonderlijke regionale directies van Rijkswaterstaat/(Each individual
regional department of the Directorate-General of Public Works and Water
Management)
- De afzonderlijke specialistische diensten van Rijkswaterstaat/(Each individual
specialist service of the Directorate-General of Public Works and Water
Management)
- Directoraat-Generaal Water/(Directorate-General for Water Affairs)
- Inspecteur-Generaal, Inspectie Verkeer en Waterstaat/(Inspector-General,
Transport and Water Management Inspectorate)
- Divisie Luchtvaart van de Inspecteur-Generaal, Inspectie Verkeer en Waterstaat/(Civil
Aviation Authority of the Inspector-General, Transport and Water Management
Inspectorate)
- Divisie Vervoer van de Inspecteur-Generaal, Inspectie Verkeer en Waterstaat/(Transport
Inspectorate of the Inspector-General, Transport and Water Management
Inspectorate)
- Divisie Scheepvaart van de Inspecteur-Generaal, Inspectie Verkeer en
Waterstaat/(Shipping Inspectorate Netherlands of the Inspector-General,
Transport and Water Management Inspectorate)
- Centrale Diensten/(Central Services)
- Koninklijk Nederlands Meteorologisch Instituut (KNMI)/(Royal Netherlands
Meteorological Institute)
Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer/(Ministry
for Housing, Spatial Planning and the Environment)
- Bestuursdepartement/(Central policy and staff departments)
- Directoraat-Generaal Wonen/(Directorate General for Housing)
- Directoraat-Generaal Ruimte/(Directorate General for Spatial Policy)
- Directoraat General Milieubeheer/(Directorate General for Environmental
Protection)
- Rijksgebouwendienst/(Government Buildings Agency)
- VROM inspectie/(Inspectorate)
Ministerie van Volksgezondheid, Welzijn en Sport/(Ministry of Health, Welfare
Sports)
- Bestuursdepartement/(Central policy and staff departments)
- Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken/(Inspectorate for
Health Protection and Veterinary Public Health)
- Inspectie Gezondheidszorg/(Health Care Inspectorate)
- Inspectie Jeugdhulpverlening en Jeugdbescherming/(Youth Services and Youth
Protection Inspectorate)
- Rijksinstituut voor de Volksgezondheid en Milieu (RIVM)/(National Institute of
Public Health and Environment)
- Sociaal en Cultureel Planbureau/(Social and Cultural Planning Office)
- Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen/(Medicines
Evaluation Board Agency)
Tweede Kamer der Staten-Generaal/(Second Chamber of the States General)
Eerste Kamer der Staten-Generaal/(First Chamber of the States General)
Raad van State/(Council of State)
Algemene Rekenkamer/(Netherlands Court of Audit)
Nationale Ombudsman/(National Ombudsman)
Kanselarij der Nederlandse Orden/(Chancellery of the Netherlands Order)
Kabinet der Koningin/(Queen's Cabinet)
- Cabinet Office
Civil Service College
Office of the Parliamentary Counsel
- Central Office of Information
- Charity Commission
- Crown Prosecution Service
- Crown Estate C