No L 199/84 Official Journal of the European Communities 9.8.93 COUNCIL DIRECTIVE 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Articles 57 (2), 66, 100a and 113 thereof, Having regard to the proposal from the Commission In cooperation with the European Parliament (2), (M, Having regard of the opinion of the Economic and Social 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 restrictions on the free movement of goods and on freeedom to provide services in respect of supply and service contracts awarded in the water, energy, transport and telecommunications sectors are prohibited by the terms of Articles 30 and 59 of the EEC 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 or to provide the relevant service 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 (1) OJ No C 337, 31. 12. 1991, p. 1. (2) O] No C 176, 13. 7. 1992, p. 136 and O] No C 150, 31. 5. 1993. (3) O] C 106, 27. 4. 1992, p. 6. 10. 11. 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), and Council Directive 77/62/EEC of 21 December 1976 coordinating procedure for the award of public supply contracts (5); Whereas the White Paper on the completion of the internal market also contains an action programme and a timetable for opening up service contracts; Whereas among such excluded sectors are those concerning the provision of water, energy and transport services and, as far as Directive 77/62/EEC is concerned, the telecommunications sector; Whereas the main reason for their exclusion was that entities providing such services are in some cases governed by public law, in others by private law; Whereas the need to ensure a real opening-up of the market and a fair balance in the application of procurement rules in these sectors requires that the entities to be covered must be identified on a different basis than by reference to their legal status; Whereas, in the four sectors concerned, the procurement problems to be solved are of a similar nature, thus permitting them to be addressed in one instrument; Whereas, among the main reasons why entities operating in these sectors do not purchase on the basis of Community-wide competition is the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the national authorities, concerning the supply to, (*) OJ No L 185, 16. 8. 1971, p. 5. Directive as last amended by Directive 89/440/EEC (O] No L 210, 21. 7. 1989, p. 1). (5) O] No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 88/295/EEC (O] No L 127, 20. 5. 1988, p. 1).