Now also available as
Directive 2004/17/EC governs the rules, provisions, and procedures entailed in
public procurement contracts awarded by EU Member States in the water, energy,
transport, and postal services sectors. In the course of the eight-year
(1996–2004) gestation period of an EC public procurement policy that would
meet the challenges of a globalised economy, it became clear that these
utilities required a legislative framework distinct from the general
coordination of award procedures that finally emerged as Directive 2004/18/EC.
This book on the ‘Utilities’ Directive 2004/17/EC is a
companion to an earlier volume on the legislative history of Directive
2004/18/EC. This new volume gathers in one place all the relevant
documents that led to the adoption of the Utilities Directive. In great detail
this legislative history reveals such crucial elements and outcomes as the
ports and airports as transport hubs of solid fuels;
treatment of relevant WTO Agreements;
confidentiality and security;
works and service concessions;
resale and leasing provisions;
communication of technical specifications;
tax. environmental, and labour obligations;
time limits; and
Introducing the book are excerpts that give a general picture of the reasons
that led to the intention to replace the earlier procurement directive for the
utilities sectors (93/38/EEC). Then follow excerpts that give an insight into
the drafting of the recitals in the Preamble, the articles, and the annexes.
The book concludes with a chronological overview of the legislative documents
associated with Directive 2004/17/EC and a Keyword Index. Along with its
companion volume on Directive 2004/18/EC, this important book will be a
powerful resource for lawyers and policymakers engaged in the practice and
development of European procurement law. It will also provide both
practitioners and researchers working in the area of European procurement law
with an incomparable desktop reference on the Utilities Directive.
Preface. General Explanation. Preamble: Recitals 1–60. Articles.
Title I: General Provisions Applicable to Contract and
Design Contests. 1. Basic Terms. Article 1, Paragraphs 1–13. 2.
Definition of the Activities and Entities Covered. Articles 2–9. 3.
General Principles. Article 10.
Title II: Rules Applicable to
Contracts. 1. General Provisions. Articles 11–15. 2.
Thresholds and Exclusion Provisions. Articles 16–30. 3. Rules
Applicable to Service Contracts. Articles 31–33. 4. Specific
Rules Governing Specifications and Contract Documents. Articles 34–39.
5. Procedures. Article 40. 6. Rules on Publication and
Transparency. Articles 41–50. 7. Conduct of the Procedure.
Articles 51–59. Title III: Rules Governing Service Design
Contests. Articles 60–66.
Title IV: Statistical
Obligations, Executory Powers and Final Provisions. Articles 67–75.
Annexes I–XXVI. List of Legislative Documents in Chronological
Order. Directives and Other Legislation Referred to in the Legislative History
of Directive 2004/17/EC. List of Abbreviations. Index.