++++
( 1 ) OJ N C 108 , 8 . 5 . 1978 , P . 56 .
( 2 ) OJ N C 101 , 26 . 4 . 1978 , P . 28 .
( 3 ) OJ N L 185 , 16 . 8 . 1971 , P . 5 .
( 4 ) OJ N L 356 , 31 . 12 . 1977 , P . 1 .
( 5 ) OJ N L 13 , 15 . 1 . 1977 , P . 1 .
COUNCIL DIRECTIVE
OF 2 AUGUST 1978
AMENDING DIRECTIVE 71/305/EEC CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS
( 78/669/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 57 ( 2 ) , 66 AND 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS COUNCIL DIRECTIVE 71/305/EEC OF 26 JULY 1971 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS ( 3 ) LAYS DOWN A THRESHOLD IN UNITS OF ACCOUNT FOR DETERMINING THE ESTIMATED AMOUNT OF PUBLIC WORKS CONTRACTS FROM WHICH THE DIRECTIVE APPLIES ;
WHEREAS , IN ACCORDANCE WITH THE SAID DIRECTIVE , THE RATES USED FOR CONVERTING UNITS OF ACCOUNT INTO NATIONAL CURRENCIES WERE DEFINED BY REFERENCE TO THE GOLD PARITY UNIT OF ACCOUNT ; WHEREAS THE CONVERSION OF THE SAID THRESHOLD INTO NATIONAL CURRENCIES ON THE BASIS OF THIS DEFINITION DOES NOT REFLECT THE PRESENT VALUES OF THOSE CURRENCIES AND HAS , THEREFORE , PRODUCED DIFFERING EFFECTS IN THE VARIOUS MEMBER STATES ;
WHEREAS ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES ( 4 ) DEFINES A EUROPEAN UNIT OF ACCOUNT REPRESENTING THE AVERAGE VARIATION IN VALUE OF THE CURRENCIES OF THE COMMUNITY MEMBER STATES ; WHEREAS THE EXCHANGE VALUE OF THIS UNIT OF ACCOUNT IN EACH OF THE CURRENCIES OF THE MEMBER STATES IS DETERMINED DAILY ; WHEREAS ITS USE FOR THE PURPOSE OF THE DIRECTIVE REQUIRES THAT A REFERENCE DATE BE FIXED ;
WHEREAS COUNCIL DIRECTIVE 77/62/EEC OF 21 DECEMBER 1976 COORDINATING PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY CONTRACTS ( 5 ) EXPRESSES THE THRESHOLD FROM WHICH THAT DIRECTIVE SHALL APPLY IN EUROPEAN UNITS OF ACCOUNT ,
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
DIRECTIVE 71/305/EEC IS AMENDED AS FOLLOWS :
1 . ARTICLE 7 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING :
" 1 . ( A ) THE PROVISIONS OF TITLES II , III AND IV AND ARTICLE 9 SHALL APPLY , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 5 , TO PUBLIC WORKS CONTRACTS THE ESTIMATED VALUE OF WHICH NET OF VAT IS NOT LESS THAN 1 000 000 EUROPEAN UNITS OF ACCOUNT .
( B ) THE EUROPEAN UNIT OF ACCOUNT SHALL BE THAT DEFINED BY ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO BE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES .
( C ) THE EXCHANGE VALUE IN NATIONAL CURRENCY TO BE APPLIED SHALL BE THE AVERAGE OF THE DAILY VALUE OF THIS CURRENCY OVER THE PRECEDING 12 MONTHS , CALCULATED ON THE LAST DAY OF OCTOBER EVERY TWO YEARS , WITH EFFECT FROM THE FOLLOWING 1 JANUARY . THIS EXCHANGE VALUE , CALCULATED BY THE COMMISSION , SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES DURING THE FIRST DAYS OF NOVEMBER .
( D ) THE METHOD OF CALCULATION LAID DOWN IN SUBPARAGRAPH ( C ) SHALL BE EXAMINED , ON THE COMMISSION'S INITIATIVE , WITHIN THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS TWO YEARS AFTER ITS INITIAL APPLICATION .
( E ) THIS METHOD SHALL IN ANY EVENT BE REVIEWED ONCE THE COUNCIL HAS ACTED ON THE PROPOSAL FOR A REGULATION , SUBMITTED BY THE COMMISSION , APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND TO THE LEGAL ACTS ADOPTED BY THE INSTITUTIONS . "
2 . THE FOLLOWING FOOTNOTE SHALL BE ADDED : " ( 1 ) OJ N L 356 , 31 . 12 . 1977 , P . 1 " .
3 . IN ARTICLE 19 , THE WORDS " SUCH CONTRACT IS NOT LESS THAN 500 000 UNITS OF ACCOUNT " SHALL BE REPLACED BY " SUCH CONTRACT NET OF VAT IS NOT LESS THAN 500 000 EUROPEAN UNITS OF ACCOUNT " .
ARTICLE 2
MEMBER STATES SHALL ADOPT THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN SIX MONTHS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
ARTICLE 3
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 2 AUGUST 1978 .
FOR THE COUNCIL
THE PRESIDENT
K . VON DOHNANYI
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