![]() Whereas the negotiated procedure should be considered to be exceptional and therefore applicable only in limited cases Whereas provision must be made for exceptional cases where measures concerning the coordination of procedures may not necessarily be applied, but whereas such cases must be expressly limited Whereas, without prejudice to the application of the threshold set out for supply contracts subject to the GATT Agreement, supply contracts of less than ECU 200 000 may be exempted from competition as provided under this Directive and it is appropriate to provide for their exemption from coordination measures Whereas this Directive does not apply to certain supply contracts which are awarded in the water, energy, transport and telecommunication sectors covered by Directive 90/531/EEC(8) Whereas Annex I to this Directive sets out the lists of contracting authorities subject to the GATT Agreement whereas it is necessary to update this Annex in accordance with amendments submitted by the Member States Whereas the Community is a Party to the Agreement on government procurement(7), hereinafter referred to as 'the GATT Agreement' ![]() Whereas such coordination should take into account as far as possible the procedures and administrative practices in force in each Member State Whereas the attainment of freedom of movement of goods in respect of public supply contracts awarded in Member States on behalf of the State, or regional or local authorities or other bodies governed by public law entails not only the abolition of restrictions but also the coordination of national procedures for the award of public supply contracts Whereas it is also necessary to introduce some drafting changes aimed at improving the clarity of existing provisions Whereas the alignments to be introduced relate, in particular, to the introduction of the functional definition of contracting authorities, the option of recourse to the open or restricted procedure, the requirement to justify the refusal of candidates or tenderers, the rules for drawing up reports on the execution of the different award procedures, the conditions for referring to the common rules in the technical field, publication and participation, clarifications concerning award criteria and the introduction of the Advisory Committee procedure Whereas it seems important in particular to align the drafting of the present Directive, as far as possible, on the provisions on public procurement as contained in Council Directive 93/37/EEC concerning the coordination of procedures for the award of public works contracts(5) and Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures on the award of public service contracts(6) Whereas Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts(4) has been amended on a number of occasions whereas, on the occasion of further amendments, the said Directive should, for reasons of clarity be recast Having regard of the opinion of the Economic and Social Committee(3) , In cooperation with the European Parliament(2) , Having regard to the proposal from the Commission(1) , Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Latest consolidated version: ĬOUNCIL DIRECTIVE 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts No longer in force, Date of end of validity: Repealed by 32004L0018. 110 - 162 Special edition in Slovene: Chapter 06 Volume 002 P. 110 - 162 Special edition in Slovak: Chapter 06 Volume 002 P. 110 - 162 Special edition in Polish: Chapter 06 Volume 002 P. 110 - 162 Special edition in Maltese: Chapter 06 Volume 002 P. 110 - 162 Special edition in Hungarian Chapter 06 Volume 002 P. 110 - 162 Special edition in Lithuanian: Chapter 06 Volume 002 P. 110 - 162 Special edition in Latvian: Chapter 06 Volume 002 P. ![]() 110 - 162 Special edition in Estonian: Chapter 06 Volume 002 P. ![]() 126 - 176 Special edition in Czech: Chapter 06 Volume 002 P. 126 - 176 Special edition in Swedish: Chapter 06 Volume 004 P. (ES, DA, DE, EL, EN, FR, IT, NL, PT) Special edition in Finnish: Chapter 06 Volume 004 P. Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts ![]()
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