COUNCIL RESOLUTION of 22 July 1980 concerning access to Community public supply contracts for products originating in third countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Whereas the aim of Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (1) is to enable suppliers throughout the Community to compete for such contracts on equal terms, thereby creating a degree of market transparency which will improve the functioning of the common market in this sector and will, in particular, contribute to observance of the ban on restrictions of the free movement of goods;

Whereas by Decision 80/271/EEC concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations (2), the Council, on behalf of the European Community, approved inter alia the Agreement on government procurement;

Whereas the implementation of Directive 77/62/EEC and of the Agreement on government procurement makes it necessary for the Community to determine the conditions under which public supply contracts awarded by Member States are to be opened to products originating in third countries ; whereas this concerns entities not covered by the Agreement and products or contracts not covered by the Agreement or originating in non-signatory countries;

Whereas these conditions must, in particular, safeguard the interests of Member State producers by enabling them to participate in public contracts awarded by the various third countries;

Whereas, in this connection, the Community must aim at achieving a satisfactory degree of reciprocity in relations with signatory third countries and non-signatory third countries; 1. notes that the Member States may continue to apply, in accordance with the Treaty,existing commercial policy measures in respect of public supply contracts awarded; - by entities not covered by the Agreement;

- for products and contracts not covered by the Agreement;

- by entities covered by the Agreement in respect of non-signatory countries;

2. notes the possibility referred to by the Commission of taking any necessary protectivemeasures, under Article 115 of the Treaty, to ensure that the implementation of suchprovisions is not obstructed by deflection of trade;

3. agrees to promote, on a proposal from the Commission, the coordination andprogressive standardization of the policies referred to under 1. (1) OJ No L 13, 15.1.1977, p. 1. (2) OJ No L 71, 17.3.1980, p. 1.