What changed, Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and adm…

+ ### Article 1 — Scope and availability of review procedures
+ 
+ 1. This Directive applies to contracts referred to in 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 (8), unless such contracts are excluded …
+ 
+ Contracts within the meaning of this Directive include supply, works and service contracts, framework agreements and dynamic purchasing systems.
+ 
+ Member States shall take the measures necessary to ensure that, as regards contracts falling within the scope of Directive 2004/17/EC, decisions taken by contracting entities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in Articles …
+ 
+ 2. Member States shall ensure that there is no discrimination between undertakings likely to make a claim in respect of harm in the context of a procedure for the award of a contract as a result of the distinction made by this Directive between national rules implementing Community law and other nat…
− ### Article 1
+ 3. Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement.
− 1. The Member States shall take the measures necessary to ensure that decisions taken by contracting entities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in the following Articles and, in particular, Article 2 (8), on the grounds t…
+ 4. Member States may require that the person wishing to use a review procedure has notified the contracting entity of the alleged infringement and of his intention to seek review, provided that this does not affect the standstill period in accordance with Article 2a(2) or any other time limits for a…
− (a) contract award procedures falling within the scope of Council Directive 90/531/EEC; and
+ 5. Member States may require that the person concerned first seek review with the contracting entity. In that case, Member States shall ensure that the submission of such an application for review results in immediate suspension of the possibility to conclude the contract.
− (b) compliance with Article 3 (2) (a) of that Directive in the case of the contracting entities to which that provision applies.
+ Member States shall decide on the appropriate means of communication, including fax or electronic means, to be used for the application for review provided for in the first subparagraph.
− 2. Member States shall ensure that there is no discrimination between undertakings likely to make a claim for injury in the context of a procedure for the award of a contract as a result of the distinction made by this Directive between national rules implementing Community law and other national ru…
+ The suspension referred to in the first subparagraph shall not end before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contracting entity has sent a reply if fax or electronic means are used, or, if other means of communication are used…
− 3. The Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. In par…
+ ### Article 2 — Requirements for review procedures
− ### Article 2
+ 
+ 2. The powers specified in paragraph 1 and Articles 2d and 2e may be conferred on separate bodies responsible for different aspects of the review procedure.
+ 
+ 3. When a body of first instance, which is independent of the contracting entity, reviews a contract award decision, Member States shall ensure that the contracting entity cannot conclude the contract before the review body has made a decision on the application either for interim measures or for re…
+ 3a. Except where provided for in paragraph 3 and Article 1(5), review procedures need not necessarily have an automatic suspensive effect on the contract award procedures to which they relate.
− 2. The powers referred to in paragraph 1 may be conferred on separate bodies responsible for different aspects of the review procedure.
+ 4. Member States may provide that the body responsible for review procedures may take into account the probable consequences of interim measures for all interests likely to be harmed, as well as the public interest, and may decide not to grant such measures when their negative consequences could exc…
− 3. Review procedures need not in themselves have an automatic suspensive effect on the contract award procedures to which they relate.
+ A decision not to grant interim measures shall not prejudice any other claim of the person seeking such measures.
− 4. The Member States may provide that, when considering whether to order interim measures, the body responsible may take into account the probable consequences of the measures for all interests likely to be harmed, as well as the public interest, and may decide not to grant such measures where their…
+ 
+ 6. Except where provided for in Articles 2d to 2f, the effects of the exercise of the powers referred to in paragraph 1 of this Article on a contract concluded subsequent to its award shall be determined by national law.
+ Furthermore, except where a decision must be set aside prior to the award of damages, a Member State may provide that, after the conclusion of a contract in accordance with Article 1(5), paragraph 3 of this Article or Articles 2a to 2f, the powers of the body responsible for review procedures shall …
− 6. The effects of the exercise of the powers referred to in paragraph 1 on a contract concluded subsequent to its award shall be determined by national law. Furthermore, except where a decision must be set aside prior to the award of damages, a Member State may provide that, after the conclusion of …
+ 9. Whereas bodies responsible for review procedures are not judicial in character, written reasons for their decisions shall always be given. Furthermore, in such a case, provision must be made to guarantee procedures whereby any allegedly illegal measures taken by the review body or any alleged def…
− 9. Whereas bodies responsible for review procedures are not judicial in character, written reasons for their decisions shall always be given. Furthermore, in such a case, provision must be made to guarantee procedures whereby any allegedly illegal measures taken by the review body or any alleged def…
+ ### Article 2a — Standstill period
− ## CHAPTER 2 / Attestation
+ 1. The Member States shall ensure that the persons referred to in Article 1(3) have sufficient time for effective review of the contract award decisions taken by contracting entities, by adopting the necessary provisions respecting the minimum conditions set out in paragraph 2 of this Article and in…
− ### Article 3
+ 2. A contract may not be concluded following the decision to award a contract falling within the scope of Directive 2004/17/EC before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers and cand…
− The Member States shall give contracting entities the possibility of having recourse to an attestation system in accordance with Articles 4 to 7.
+ Tenderers shall be deemed to be concerned if they have not yet been definitively excluded. An exclusion is definitive if it has been notified to the tenderers concerned and has either been considered lawful by an independent review body or can no longer be subject to a review procedure.
− ### Article 4
+ Candidates shall be deemed to be concerned if the contracting entity has not made available information about the rejection of their application before the notification of the contract award decision to the tenderers concerned.
− Contracting entities may have their contract award procedures and practices which fall within the scope of Directive 90/531/EEC examined periodically with a view to obtaining an attestation that, at that time, those procedures and practices are in conformity with Community law concerning the award o…
+ The communication of the award decision to each tenderer and candidate concerned shall be accompanied by the following:
− ### Article 5
+ — a summary of the relevant reasons as set out in Article 49(2) of Directive 2004/17/EC, and,
− 1. Attestors shall report to the contracting entity, in writing, on the results of their examination. They shall satisfy themselves, before delivering to the contracting entity the attestation referred to in Article 4, that any irregularities identified in the contracting entity's award procedures a…
+ — a precise statement of the exact standstill period applicable pursuant to the provisions of national law transposing this paragraph.
− 2. Contracting entities having obtained that attestation may include the following statement in notice published in the *Official Journal of the European Communities* pursuant to Articles 16 to 18 of Directive 90/531/EEC:
+ ### Article 2b — Derogations from the standstill period
− ‘The contracting entity has obtained an attestation in accordance with Council Directive 92/13/EEC that, on …, its contract award procedures and practices were in conformity with Community law and the national rules implementing that law.’
+ Member States may provide that the periods referred to in Article 2a(2) of this Directive do not apply in the following cases:
− ### Article 6
+ (a) if Directive 2004/17/EC does not require prior publication of a notice in the *Official Journal of the European Union*;
− 1. Attestors shall be independent of the contracting entities and must be completely objective in carrying out their duties. They shall offer appropriate guarantees of relevant professional qualifications and experience.
+ (b) if the only tenderer concerned within the meaning of Article 2a(2) of this Directive is the one who is awarded the contract and there are no candidates concerned;
− 2. Member States may identify any persons, professions or institutions whose staff, called upon the act as attestors, they regard as fulfilling the requirements of paragraph 1. For these purposes, Member States may require professional qualifications, at least at the level of a higher education dipl…
+ (c) in the case of specific contracts based on a dynamic purchasing system as provided for in Article 15 of Directive 2004/17/EC.
− ### Article 7
+ If this derogation is invoked, Member States shall ensure that the contract is ineffective in accordance with Articles 2d and 2f of this Directive where:
− The provisions of Articles 4, 5 and 6 shall be considered as essential requirements for the development of European standards on attestation.
+ — there is an infringement of Article 15(5) or (6) of Directive 2004/17/EC, and,
− ## CHAPTER 3 / Corrective mechanism
+ — the contract value is estimated to be equal to or to exceed the thresholds set out in Article 16 of Directive 2004/17/EC.
− ### Article 8
+ ### Article 2c — Time limits for applying for review
− 1. The Commission may invoke the procedures for which this Article provides when, prior to a contract being concluded, it considers that a clear and manifest infringement of Community provisions in the field of procurement has been committed during a contract award procedure fallig within the scope …
+ Where a Member State provides that any application for review of a contracting entity's decision taken in the context of, or in relation to, a contract award procedure falling within the scope of Directive 2004/17/EC must be made before the expiry of a specified period, this period shall be at least…
− 2. The Commission shall notify the Member States and the contracting entity concerned of the reasons which have led it to conclude that a clear and manifest infringement has been committed and request its correction by appropriate means.
+ ### Article 2d — Ineffectiveness
− 3. Within 30 days of receipt of the notification referred to in paragraph 2, the Member States concerned shall communicate to the Commission:
+ 1. Member States shall ensure that a contract is considered ineffective by a review body independent of the contracting entity or that its ineffectiveness is the result of a decision of such a review body in any of the following cases:
− (a) its confirmation that the infringement has been corrected; or
+ (a) if the contracting entity has awarded a contract without prior publication of a notice in the *Official Journal of the European Union* without this being permissible in accordance with Directive 2004/17/EC;
− (b) a reasoned submission as to why no correction has been made; or
+ (b) in case of an infringement of Article 1(5), Article 2(3) or Article 2a(2) of this Directive, if this infringement has deprived the tenderer applying for review of the possibility to pursue pre-contractual remedies where such an infringement is combined with an infringement of Directive 2004/17/E…
− (c) a notice to the effect that the contract award procedure has been suspended either by the contracting entity on its own initiative or on the basis of the powers specified in Article 2 (1) (a).
+ (c) in cases referred to in the second subparagraph of Article 2b(c) of this Directive, if Member States have invoked the derogation from the standstill period for contracts based on a dynamic purchasing system.
− 4. A reasoned submission in accordance with paragraph 3 (b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial review proceedings or of a review as referred to in Article 2 (9). In such a case, the Member State shall inform the Commission of the…
+ 2. The consequences of a contract being considered ineffective shall be provided for by national law.
− 5. Where notice has been given that a contract award procedure has been suspended in accordance with paragraph 3 (c), the Member State concerned shall notify the Commission when the suspension is lifted or another contract procedure relating in whole or in part to the same subject matter is begun. T…
+ National law may provide for the retroactive cancellation of all contractual obligations or limit the scope of the cancellation to those obligations which still have to be performed. In the latter case, Member States shall provide for the application of other penalties within the meaning of Article …
− ## CHAPTER 4 / Conciliation
+ 3. Member States may provide that the review body independent of the contracting entity may not consider a contract ineffective, even though it has been awarded illegally on the grounds mentioned in paragraph 1, if the review body finds, after having examined all relevant aspects, that overriding re…
− ### Article 9
+ Economic interests in the effectiveness of the contract may only be considered as overriding reasons if in exceptional circumstances ineffectiveness would lead to disproportionate consequences.
− 1. Any person having or having had an interest in obtaining a particular contract falling within the scope of Directive 90/531/EEC and who, in relation to the procedure for the award of that contract, considers that he has been or risks being harmed by an alleged infringement of Community law in the…
+ However, economic interests directly linked to the contract concerned shall not constitute overriding reasons relating to a general interest. Economic interests directly linked to the contract include, inter alia, the costs resulting from the delay in the execution of the contract, the costs resulti…
− 2. The request referred to in paragraph 1 shall be addressed in writing to the Commission or to the national authorities listed in the Annex. These authorities shall forward requests to the Commission as quickly as possible.
+ 4. The Member States shall provide that paragraph 1(a) of this Article does not apply where:
− ### Article 10
+ — the contracting entity considers that the award of a contract without prior publication of a notice in the *Official Journal of the European Union* is permissible in accordance with Directive 2004/17/EC,
− 1. Where the Commission considers, on the basis of the request referred to in Article 9, that the dispute concerns the correct application of Community law, it shall ask the contracting entity to state whether it is willing to take part in the conciliation procedure. If the contracting entity declin…
+ — the contracting entity has published in the *Official Journal of the European Union* a notice as described in Article 3a of this Directive expressing its intention to conclude the contract, and,
− 2. The Commission shall propose, as quickly as possible, a conciliator drawn from a list of independent persons accredited for this purpose. This list shall be drawn up by the Commission, following consultation of the Advisory Committee for Public Contracts or, in the case of contracting entities th…
+ — the contract has not been concluded before the expiry of a period of at least 10 calendar days with effect from the day following the date of the publication of this notice.
− Each party to the conciliation procedure shall declare whether it accepts the conciliator, and shall designate an additional conciliator. The conciliators may invite not more than two other persons as experts to advices them in their work. The parties to the conciliation procedure and the Commission…
+ 5. The Member States shall provide that paragraph 1(c) of this Article does not apply where:
− 3. The conciliators shall give the person requesting the application of the conciliation procedure, the contracting entity and any other candidate or tenderer participating in the relevant contract award procedure the opportunity to make representations on the matter either orally or in writing.
+ — the contracting entity considers that the award of a contract is in accordance with Article 15(5) and (6) of Directive 2004/17/EC,
− 4. The conciliators shall endeavour as quickly as possible to reach an agreement between the parties which is in accordance with Community law.
+ — the contracting entity has sent a contract award decision, together with a summary of reasons as referred to in the first indent of the fourth subparagraph of Article 2a(2) of this Directive, to the tenderers concerned, and,
− 5. The conciliators shall report to the Commission on their findings and on any result achieved.
+ — the contract has not been concluded before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers concerned if fax or electronic means are used or, if other means of communications are used, befo…
− 6. The person requesting the application of the concilation procedure and the contracting entity shall have the right to terminate the procedure at any time.
+ ### Article 2e — Infringements of this Directive and alternative penalties
− 7. Unless the parties decide otherwise, the person requesting the application of the conciliation procedure and the contracting entity shall be responsible for their own costs. In addition, they shall each bear half of the costs of the procedure, excluding the costs of intervening parties.
+ 1. In case of an infringement of Article 1(5), Article 2(3) or Article 2a(2) not covered by Article 2d(1)(b), Member States shall provide for ineffectiveness in accordance with Article 2d(1) to (3), or for alternative penalties. Member States may provide that the review body independent of the contr…
− ### Article 11
+ 2. Alternative penalties must be effective, proportionate and dissuasive. Alternative penalties shall be:
− 1. Where, in relation to a particular contract award procedure, an interested person within the meaning of Article 9, other than the person requesting the conciliation procedure, is pursuing judicial review proceedings or other proceedings for review within the meaning of this Directive, the contrac…
+ — the imposition of fines on the contracting entity; or,
− 2. Action taken pursuant to this Chapter shall be without prejudice to:
+ — the shortening of the duration of the contract.
− (a) any action that the Commission or any Member State might take pursuant ot Articles 169 or 170 of the Treaty or pursuant to Chapter 3 of this Directive;
+ Member States may confer on the review body broad discretion to take into account all the relevant factors, including the seriousness of the infringement, the behaviour of the contracting entity and, in the cases referred to in Article 2d(2), the extent to which the contract remains in force.
− (b) the rights of the persons requesting the conciliation procedure, of the contracting entity or of any other person.
+ The award of damages does not constitute an appropriate penalty for the purposes of this paragraph.
− ## CHAPTER 5 / Final provisions
+ ### Article 2f — Time limits
− ### Article 12
+ 1. Member States may provide that the application for review in accordance with Article 2d(1) must be made:
− 1. Not later than four years after the application of this Directive, the Commission, in consultation with the Advisory Committee for Public Contracts, shall review the manner in which the provisions of this Directive have been implemented and, in particular, the use of the European Standards and, i…
+ (a) before the expiry of at least 30 calendar days with effect from the day following the date on which:
− 2. Before 1 March each year the Member States shall communicate to the Commission information on the operation of their national review procedures during the preceding calendar year. The nature of the information shall be determined by the Commission in consultation with the Advisory Committee for P…
+ — the contracting entity published a contract award notice in accordance with Articles 43 and 44 of Directive 2004/17/EC, provided that this notice includes the justification of the decision of the contracting entity to award the contract without prior publication of a notice in the *Official Journa…
− 3. In the case of matters relating to contracting entities the activities of which are defined in Article 2 (2) (d) of Directive 90/531/EEC, the Commission shall also consult the Advisory Committee on Telecommunications Procurement.
+ — the contracting entity informed the tenderers and candidates concerned of the conclusion of the contract, provided that this information contains a summary of the relevant reasons as set out in Article 49(2) of Directive 2004/17/EC. This option also applies to the cases referred to in Article 2b(c…
− ### Article 13
+ (b) and in any case before the expiry of a period of at least six months with effect from the day following the date of the conclusion of the contract.
− 1. Member States shall take, before 1 January 1993, the measures necessary to comply with this Directive. The Kingdom of Spain shall take these measures not later than 30 June 1995. The Hellenic Republic and the Portuguese Republic shall take these measures not later than 30 June 1997. They shall fo…
+ 2. In all other cases, including applications for a review in accordance with Article 2e(1), the time limits for the application for a review shall be determined by national law, subject to the provisions of Article 2c.
− When Member States adopt these measures, they shall contain an reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
− 
− 2. Member States shall bring into force the measures referred to in paragraph 1 on the same dates as those (laid down in Directive 90/531/EEC).
+ ## CHAPTER 2 / Attestation
− 3. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field governed by this Directive.
+ ### Article 3a — Content of a notice for voluntary ex ante transparency
− ### Article 14
+ The notice referred to in the second indent of Article 2d(4), the format of which shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 3b(2), shall contain the following information:
− This Directive is addressed to the Member States.
+ (a) the name and contact details of the contracting entity;
− ### ANNEX
+ (b) a description of the object of the contract;
+ (c) a justification of the decision of the contracting entity to award the contract without prior publication of a notice in the *Official Journal of the European Union*;
+ (d) the name and contact details of the economic operator in favour of whom a contract award decision has been taken; and
− ### National authorities to which requests for application of the conciliation procedure referred to in Article 9 may be addressed
+ (e) where appropriate, any other information deemed useful by the contracting entity.
− *Belgium*
+ ### Article 3b — Committee procedure
− Services du Premier Ministre
+ 1. The Commission shall be assisted by the Advisory Committee for Public Contracts set up by Article 1 of Council Decision 71/306/EEC of 26 July 1971 (9) (hereinafter referred to as the Committee).
− Diensten Van de Eerste Minister
+ 2. Where reference is made to this paragraph, Articles 3 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10) shall apply, having regard to the provisions of Article 8 thereof.
− Ministère des Affaires économiques
+ ## CHAPTER 3 / Corrective mechanism
− Ministerie van Economische Zaken
+ ### Article 8 — Corrective mechanism
− *Denmark*
+ 1. The Commission may invoke the procedure provided for in paragraphs 2 to 5 when, prior to a contract being concluded, it considers that a serious infringement of Community law in the field of procurement has been committed during a contract award procedure falling within the scope of Directive 200…
− Industri- og Handelsstyrelsen (supply contracts)
+ 2. The Commission shall notify the Member State concerned of the reasons which have led it to conclude that a serious infringement has been committed and request its correction by appropriate means.
− Boligsministeriet (works contracts)
+ 3. Within 21 calendar days of receipt of the notification referred to in paragraph 2, the Member State concerned shall communicate to the Commission:
− *Germany*
+ (a) its confirmation that the infringement has been corrected;
− Bundesministerium für Wirtschaft
+ (b) a reasoned submission as to why no correction has been made; or
− *Greece*
+ (c) a notice to the effect that the contract award procedure has been suspended either by the contracting entity on its own initiative or on the basis of the powers specified in Article 2(1)(a).
− Υπουργείο Βιομηχανίας, Ενεργείας και Τεχνολογίας
+ 4. A reasoned submission communicated pursuant to paragraph 3(b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial review proceedings or of a review as referred to in Article 2(9). In such a case, the Member State shall inform the Commission of…
− Υπουργείο Εμπορίου Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων
+ 5. Where notice has been given that a contract award procedure has been suspended in accordance with paragraph 3(c), the Member State concerned shall notify the Commission when the suspension is lifted or another contract procedure relating in whole or in part to the same subject matter is begun. Th…
− *Spain*
+ ## CHAPTER 5 / Final provisions
− Ministerio de Economía y Hacienda
+ ### Article 12 — Implementation
− *France*
+ 1. The Commission may request the Member States, in consultation with the Committee, to provide it with information on the operation of national review procedures.
− Commission centrale des marchés
+ 2. Member States shall communicate to the Commission on an annual basis the text of all decisions, together with the reasons therefor, taken by their review bodies in accordance with Article 2d(3).
− *Ireland*
+ ### Article 12a — Review
− Department of Finance
+ No later than 20 December 2012, the Commission shall review the implementation of this Directive and report to the European Parliament and to the Council on its effectiveness, and in particular on the effectiveness of the alternative penalties and time limits.
− *Italy*
+ ### Article 13
− Presidenza del Consiglio dei Ministri Politiche Comunitarie
+ 1. Member States shall take, before 1 January 1993, the measures necessary to comply with this Directive. The Kingdom of Spain shall take these measures not later than 30 June 1995. The Hellenic Republic and the Portuguese Republic shall take these measures not later than 30 June 1997. They shall fo…
− *Luxembourg*
+ When Member States adopt these measures, they shall contain an reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
− Ministère des travaux publics
+ 2. Member States shall bring into force the measures referred to in paragraph 1 on the same dates as those (laid down in Directive 90/531/EEC).
− *Netherlands*
+ 3. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field governed by this Directive.
− Ministerie van Economische Zaken
+ ### Article 14
− *Portugal*
+ This Directive is addressed to the Member States.
− Conselho de mercados de obras publicas e particulares
− *United Kingdom*
− 
− HM Treasury
− 
− *Austria*
− 
− Bundesministerium für wirtschaftliche Angelegenheiten
− 
− *Finland*
− 
− Kauppa- ja teollisuusministeriöHandels- och industriministeriet
− 
− *Sweden*
− 
− Nämnden för offentlig upphandling
− 
− *Czech Republic*
− 
− Úřad pro ochranu hospodářské soutěže
− 
− *Estonia*
− 
− Riigihangete Amet (Public Procurement Office)
− 
− *Cyprus*
− 
− Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic)
− 
− *Latvia*
− 
− Iepirkumu uzraudzības birojs (Procurement Monitoring Bureau)
− 
− *Lithuania*
− 
− Viešųjų pirkimų tarnyba prie Lietuvos Respublikos Vyriausybės (Public Procurement Office under the Government of the Republic of Lithuania)
− 
− *Hungary*
− 
− Közbeszerzések Tanácsa (Public Procurement Council)
− 
− *Malta*
− 
− Dipartiment tal-Kuntratti fil-Ministeru tal-Finanzi
− 
− *Poland*
− 
− Urząd Zamówień Publicznych (Office of Public Procurement)
− 
− *Slovenia*
− 
− Državna revizijska komisija
− 
− *Slovakia*
− 
− Úrad pre verejné obstarávanie (Office for Public Procurement)
− 
− *Bulgaria*
− 
− Агенция по обществени поръчки (Public Procurement Agency)
− 
− *Romania*
− 
− Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice (National Authority for Regulating and Monitoring Public Procurement)
− 
+ 
+ (8) OJ L 134, 30.4.2004, p. 1. Directive as last amended by Council Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).
+ (9) OJ L 185, 16.8.1971, p. 15. Decision as amended by Decision 77/63/EEC (OJ L 13, 15.1.1977, p. 15).
+ 
+ (10) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
− (8) OJ No L 19, 24. 1. 1989, p. 16.