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What changed, Directive 2004/18/EC

2009-01-01 → 2009-08-07 · no interpretation, just the text delta

on 2009-01-01eu-eurlex:32004l0018:2009-01-01 (2009-01-01 → 2009-08-06) · official source ↗
on 2009-08-07eu-eurlex:32004l0018:2009-08-07 (2009-08-07 → 2009-08-20) · official source ↗

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− ### 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.
− 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).
− 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;
− (c) the thresholds established in (b) of the first subparagraph of Article 8 and in Article 67(1)(b) and (c) on the revised threshold applying to public service contracts awarded by contracting authorities other than those referred to in Annex IV.
− 1. In accordance with the procedure referred to in Article 77(2), the Commission may amend:
− (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.
− (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).
+ ### Article 77 — Committee procedure
+ 1. The Commission shall be assisted by the Committee established by Council Decision 71/306/EEC (25).
+ 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
+ 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
+ 4. Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at four, two an…
+ 5. Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
+ 1. ►M9 The Commission shall verify the thresholds established in Article 7 every two years from 30 April 2004 and shall, if necessary, revise them. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny r…
+ 2. At the same time as the revision under paragraph 1, the Commission shall align:
+ (a) the thresholds established in point (a) of the first paragraph of Article 8, in Article 56 and in the first subparagraph of Article 63(1) on the revised threshold applying to public works contracts;
+ (c) the thresholds established in point (b) of the first paragraph of Article 8 and in Article 67(1)(b) and (c) on the revised threshold applying to public service contracts awarded by contracting authorities other than those referred to in Annex IV.
+ Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 77(4). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 77(5…
+ 1. The Commission may amend, in accordance with the advisory procedure referred to in Article 77(2):
+ (a) 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;
+ (b) the procedure for sending and publishing data referred to in Annex VIII, on grounds of technical progress or for administrative reasons.
+ 2. The Commission may amend the following:
+ (b) the procedures for specific reference to specific positions in the CPV nomenclature in the notices;
+ (c) 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, such amendment proves necessary;
+ (d) the lists of central government authorities in Annex IV, following the adaptations necessary to give effect to the Agreement;
+ (e) the reference numbers in the nomenclature set out in Annex I, in so far as this does not change the material scope of this Directive, and the procedures for reference to particular positions of that nomenclature in the notices;
+ (f) the reference numbers in the nomenclature set out in Annex II, in so far as this does not change the material scope of this Directive, and the procedures for reference in the notices to particular positions in that nomenclature within the categories of services listed in the Annex;
+ (g) the technical details and characteristics of the devices for electronic receipt referred to in points (a), (f) and (g) of Annex X.
+ Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 77(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 77(5…
+ (25) OJ L 185, 16.8.1971, p. 15.
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