9.8.93 Official Journal of the European Communities No L 199/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard of the opinion of the Economic and Social Committee (3), Whereas Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (*) has been amended on a number of occasions; whereas, on the occasion of further amendments, the said Directive should, for reasons of clarity be recast; Whereas it seems important in particular to align the drafting of the present Directive, as far as possible, on the provisions on public procurement as contained in Council Directive 93/37/EEC concerning the coordination of (1) OJ No C 277, 26. 10. 1992, p. 1. (2) O] No C 72, 15. 3. 1993,.p. 73 and Decision of 26. §. 1993 {not yet published in the Official Journal). (3) O] No C 332, 16. 12. 1992, p. 72. () OJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50//EEC (O] No L. 209, 24. 7. 1992, p. 1). procedures for the award of public works contracts (°) and Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures on the award of public service contracts (6); Whereas the alignments to be introduced relate, in particular, to the introduction of the functional definition of contracting authorities, the option of recourse to the open or restricted procedure, the requirement to justify the refusal of candidates or tenderers, the rules for drawing up reports on the execution of the different award procedures, the conditions for referring to the common rules in the technical field, publication and participation, clarifications concerning award criteria and the introduction of the Advisory Committee procedure; Whereas it is also necessary to introduce some drafting changes aimed at improving the clarity of existing provisions; Whereas the attainment of freedom of movement of goods in respect of public supply contracts awarded in Member States on behalf of the State, or regional or local authorities or other bodies governed by public law entails not only the abolition of restrictions but also the coordination of national procedures for the award of public supply contracts; Whereas such coordination should take into account as far as possible the procedures and administrative practices in force in each Member State; (5) See p. 54 of this Official Journal. (6) O] No L 209, 24. 7. 1992, p. 1.