Directive 1993/38 - Council Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

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1.

Current status

This directive was in effect from July  1, 1993 until April 29, 2004 and should have been implemented in national regulation on July  1, 1994 at the latest.

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Key information

official title

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors
 
Legal instrument Directive
Number legal act Directive 1993/38
Original proposal COM(1991)347 EN
CELEX number i 31993L0038

3.

Key dates

Document 14-06-1993
Publication in Official Journal 09-08-1993; Special edition in Czech: Chapter 06 Volume 002,Special edition in Polish: Chapter 06 Volume 002,Special edition in Swedish: Chapter 06 Volume 004,Special edition in Slovak: Chapter 06 Volume 002,Special edition in Maltese: Chapter 06 Volume 002,Special edition in Lithuanian: Chapter 06 Volume 002,Special edition in Finnish: Chapter 06 Volume 004,Special edition in Estonian: Chapter 06 Volume 002,OJ L 199, 9.8.1993,Special edition in Latvian: Chapter 06 Volume 002,Special edition in Slovenian: Chapter 06 Volume 002,Special edition in Hungarian: Chapter 06 Volume 002
Effect 01-07-1993; Entry into force Date notif.
End of validity 29-04-2004; Repealed by 32004L0017
Transposition 01-07-1994; At the latest See Art 45
Notification 01-07-1993

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Legislative text

Avis juridique important

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5.

31993L0038

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

Official Journal L 199 , 09/08/1993 P. 0084 - 0138

Finnish special edition: Chapter 6 Volume 4 P. 0177

Swedish special edition: Chapter 6 Volume 4 P. 0177

COUNCIL DIRECTIVE 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Articles 57 (2), 66, 100a and 113 thereof,

Having regard to the proposal from the Commission(1) ,

In cooperation with the European Parliament(2) ,

Having regard of the opinion of the Economic and Social Committee(3) ,

  • 1. 
    Whereas the measures aimed at progressively establishing the internal market during the period up to 31 December 1992 need to be taken; whereas the internal market consists of an area without internal frontiers in which free movement of goods, persons, services and capital is guaranteed;
  • 2. 
    Whereas restrictions on the free movement of goods and on freeedom to provide services in respect of supply and service contracts awarded in the water, energy, transport and telecommunications sectors are prohibited by the terms of Articles 30 and 59 of the EEC Treaty;
  • 3. 
    Whereas Article 97 of the Euratom Treaty prohibits any restrictions based on nationality as regards companies under the jurisdiction of a Member State where they desire to participate in the construction of nuclear installations of a scientific or industrial nature in the Community or to provide the relevant service in the Community;
  • 4. 
    Whereas these objectives also require the coordination of the procurement procedures applied by the entities operating in these sectors;
  • 5. 
    Whereas the White Paper on the completion of the internal market contains an action programme and a timetable for opening up public procurement markets in sectors which are currently excluded from Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts(4) , and Council Directive 77/62/EEC of 21 December 1976 coordinating procedure for the award of public supply contracts(5) ;
  • 6. 
    Whereas the White Paper on the completion of the internal market also contains an action programme and a timetable for opening up service contracts;
  • 7. 
    Whereas among such excluded sectors are those concerning the provision of water, energy and transport services and, as far as Directive 77/62/EEC is concerned, the telecommunications sector;
  • 8. 
    Whereas the main reason for their exclusion was that entities providing such services are in some cases governed by public law, in others by private law;
  • 9. 
    Whereas the need to ensure a real opening-up of the market and a fair balance in the application of procurement rules in these sectors requires that the entities to be covered must be identified on a different basis than by reference to their legal status;
  • 10. 
    Whereas, in the four sectors concerned, the procurement problems to be solved are of a similar nature, thus permitting them to be addressed in one instrument;
  • 11. 
    Whereas, among the main reasons why entities operating in these sectors do not purchase on the basis of Community-wide competition is the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the national authorities, concerning the supply to, provision or operation of, networks for providing the service concerned, the exploitation of a given geographical area for a particular purpose, the provision or operation of...

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This text has been adopted from EUR-Lex.

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Original proposal

 

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