29.10. 90 Official Journal of the European Communities No L 297/1 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors {90/531/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing in the European Economic Community and in particular the last sentence of Article 57 (2), Article 66, Article 1002 and Amcle 113 thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Econormc and Soc1al Committee (3), Whereas the measures aimed at progressively establishing the internal market, during the period up to 31 December 1992, need to be taken; whereas the internal market consists of an area without internal frontiers in which free movement of goods, persons, services and capital is guaranteed; Whereas the Européan Council has drawn conclusions " concerning the need to bring about a single internal market; Whereas restrictions on the free movement of goods and on the freedom to provide services in respect of supply (1) O] No C 264, 16. 10. 1989, p. 22. (2) O] No C 158, 26. 6. 1989, p. 258 and 0] No C 175, 16. 7. 1990, p. 78. (3) O] No C 139, 5. 6. 1989, pp. 23 and 31. contracts awarded in the water, energy, transport and telecommunications sectors are prohibited by the terms of Articles 30 and 59 of the Treaty; Whereas Article 97 of the Euratom Treaty prohibits any restrictions based on nationality as regards companies under the jurisdiction of a Member State where they desire to participate in the construction of nuclear installations of a scientific or industrial nature in the Community; Whereas these objectives also require the coordination of the procurement procedures applied by the entities operating in these sectors; Whereas the White Paper on the completion of the internal market contains an action programme and a timetable for opening up public procurement markets in sectors which are currently excluded from Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts (4), as last amended by Council Directive 89/440/EEC (5), and Council Directive 77/62/EEC 'of 21 December 1976 coordinating procedures for the award of public supply contracts (6), as last amended by Directive 88/295/EEC (7); (%) OJNo L 185, 16.8.1971,p. 5. (5). O] No L 210, 21.7. 1989, p. 1. (6) OJNo L 13, 15.1.1977, p. 1. (7) O] No L 127, 20. 5. 1988, p. 1.