31977Y0115(01)

COUNCIL RESOLUTION of 21 December 1976 concerning access to Community public supply contracts for products originating in non-member countries

THE COUNCIL,

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 the implementation of this Directive increases the need for the Community to determine the conditions under which public supply contracts awarded by Member States may be open to products originating in non-member 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 non-member countries;

Whereas, in this connection, the Community must aim at achieving a satisfactory degree of reciprocity during the negotiations in which it is participating within the GATT and the OECD and must, under the most favourable conditions, use all suitable means of ensuring that this objective is attained; 1. notes that the Member States may continue to apply, in accordance with the provisions of the Treaty, existing commercial policy measures in respect of public supply contracts concerning certain products and categories of products originating in non-member countries;

2. notes the possibility referred to by the Commission of taking the necessary protective measures, under Article 115 of the Treaty, to ensure that the implementation of such provisions is not obstructed by deflection of trade;

(1) OJ No L 13, 15.1.1977, p. 1. 3. considers it necessary in the first place to obtain balanced concessions in the areas in question in the negotiations taking place currently within the OECD and due to take place later within the GATT ; with this aim, invites the Commission to submit to it new proposals based on Article 113 of the Treaty;

4. agrees, independently of the results of the negotiations, to promote, on a proposal from the Commission, the coordination and progressive standardization of the policies referred to under 1 above.