| | 32004L0018: c3-8Contracts subsidised by more than 50 % by contracting authorities    
| 32004L0018 - Classic (3rd generation) | Article 8 | Article 8
Contracts subsidised by more than 50 % by contracting authorities
This Directive shall apply to the awarding of:
(a) contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 6242000,
- where those contracts involve civil engineering activities within the meaning of Annex I,
- where those contracts involve building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes;
(b) service contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 249000 and which are connected with a works contract within the meaning of point (a).
Member States shall take the necessary measures to ensure that the contracting authorities awarding such subsidies ensure compliance with this Directive where that contract is awarded by one or more entities other than themselves or comply with this Directive where they themselves award that contract for and on behalf of those other entities. | | 32004R1874 - First joint amendment of Classic and Utilities (3rd generation) | Article 2.2=C8.1 | 2. The first paragraph of Article 8 is amended as follows:
(a) in point (a), the amount "EUR 6242000" is replaced by "EUR 5923000",
(b) in point (b) the amount "EUR 249000" is replaced by "EUR 154000"; | | 32005R2083 - Fourth joint amendment of Classic and Utilities (3rd generation) | Article 2.2=C8.1 | 2. The first paragraph of Article 8 is amended as follows:
(a) in point (a), the amount "EUR 5923000" is replaced by "EUR 5278000";
(b) in point (b) the amount "EUR 154000" is replaced by "EUR 211000". | | 32007R1422 - Fifth joint amendment of Classic and Utilities (3rd generation) | Article 2.2=C8.1 | 2. The first paragraph of Article 8 is amended as follows:
(a) in point (a), the amount ‘EUR 5 278 000’ is replaced by ‘EUR 5 150 000’,
(b) in point (b) the amount ‘EUR 211 000’ is replaced by ‘EUR 206 000’. | | 31993L0037 - Works (2nd generation) | Article 2 | Article 2
1. Member States shall take the necessary measures to ensure that the contracting authorities comply or ensure compliance with this Directive where they subsidize directly by more than 50 % a works contract awarded by an entity other than themselves.
2. Paragraph 1 shall concern only contracts covered by Class 50, Group 502, of the general industrial classification of economic activities within the European Communities (NACE) nomenclature and contracts relating to building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes. | | 31992L0050 - Services (2nd generation) | Article 3.3 | | 3. Member States shall take the necessary measures to ensure that the contracting authorities comply or ensure compliance with this Directive where they subsidize directly by more than 50 % a service contract awarded by an entity other than themselves in connection with a works contract within the meaning of Article 1a (2) of Directive 71/305/EEC. | | 31997L0052 - Joint amendment of Classic (2nd generation) | Article 3.1.second part (W6.1.b) | | (b) public works contracts referred to in Article 2 (1) whose estimated value net of VAT is not less than ECU 5 000 000. | | 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.2=W-1a | 2. The following Articles are inserted:
Article 1a
1. Member States shall take the necessary measures to ensure that the contracting authorities comply or ensure compliance with this Directive where they subsidize directly by more than 50 % a works contract awarded by an entity other than themselves.
2. Paragraph 1 shall concern only contracts covered by Class 50, Group 502, of the NACE nomenclature and to contracts relating to building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes. |
| Case | Pte | Ref | Text | C-275/98
Unitron | 26-32 | G2-2.2
S2-3.3 | 26 The national court's findings show that DS is not a contracting authority within the meaning of Article 1(b) of Directive 93/36.
27 It follows that the obligation under Article 6(1) of Directive 93/36 to apply the tendering procedures defined in Article 1(d), (e) and (f) of that directive does not apply to a body such as DS.
28 Moreover, Directive 93/36 contains no provision comparable to Article 3(3) of Directive 92/50 or Article 2(1) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54), which requires contracting authorities to ensure compliance with the provisions of those directives in the case of certain contracts awarded by bodies other than contracting authorities.
29 On the contrary, under Article 2(2) of Directive 93/36, where a contracting authority grants to a body which is not a contracting authority special or exclusive rights to engage in a public service activity, the only requirement is that the measure whereby that right is granted must stipulate that, in relation to the public supply contracts which it awards to third parties in the context of that activity, the body in question must comply with the principle of non-discrimination on grounds of nationality.
30 A systematic interpretation of that provision therefore shows that the contracting authority is not required to demand that the body in question comply with the tendering procedures laid down by Directive 93/36.
31 It should be noted, however, that the principle of non-discrimination on grounds of nationality cannot be interpreted restrictively. It implies, in particular, an obligation of transparency in order to enable the contracting authority to satisfy itself that it has been complied with.
32 The answer to the second question must therefore be that Article 2(2) of Directive 93/36 is to be interpreted as follows: - It requires a contracting authority which grants to a body other than such a contracting authority special or exclusive rights to engage in a public service activity to require of that body, in relation to the public supply contracts which it awards to third parties in the context of that activity, that it comply with the principle of non-discrimination on grounds of nationality. - It does not, however, require in those circumstances that the contracting authority demand that, in awarding such public supply contracts, the body in question comply with the tendering procedures laid down by Directive 93/36. |
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