Public procurement: services, supply and public work contracts (amend. Directives 92/50/EEC, 93/36/EEC, 93/37/EEC)
1995/0079(COD)
The Commission proposes a series of amendments to the 'Services', 'Supply' and 'Works Contracts'
Directives, aimed at inserting some provisions of the Government Procurement Agreement (GPA),
which entered into force in the Community on 1 January 1996, in order to:
a) avoid discrimination against Community companies and give them the same advantages that third
country companies enjoy pursuant to the GPA; and
b) ensure consistency between the two legal regimes.
The principal changes introduced by the Commission to take account of Parliament's opinion consist
in:
- a new recital on payment periods;
- the introduction of differentiated thresholds for service contracts depending on whether the types
of services in question are covered by the GPA;
- a restructuring of the provisions on statistics regarding public works contracts;
- inclusion of the central government bodies of Austria, Finland and Sweden in Annex I.
The following changes have also been introduced:
- a clarification of the fields of application of the GPA and the Directives as well as a clear statement
as to the legal regime applicable to third country companies;
- the modification of the thresholds for design contests so as to reflect the limited scope of the GPA
as compared to that of Directive 92/50/EEC;
- the introduction of more flexibility in the deadlines following publication of a periodic indicative
notice in the three Directives;
- the insertion of a provision on non-discrimination in Directives 93/36/EEC and 93/37/EEC;
- the introduction of a 5 000 000 ECU threshold for certain works contracts which do not come
within the field of application of the GPA.
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