21.7. 89 Official Journal of the European Communities No L 210/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 18 July- 1989 amending Directive 71/305/EEC concerning coordination of procedures for the award of public works contracts (89/440/EEC) THE COUNCIL OF THE EUROPEAN COMMUNiTlES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 (2), 66 and 100a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas measures aimed at progressively establishing the internal market during the period up to 31 December 1992 need to be taken; whereas the internal market is an area without internal frontiers in which the free movement of goods, persons, services and capitél is ensured; Having regard to the conclusions drawn by successive meetings of the European Council on the need to establish such a market, . Having regard to the White Paper on completing the internal market and in particular to the timetable and programme laid down therein for the opening up of the market for public works contracts, Having regard to the Commission’s communication to the Council- of 19 June 1986-on public procurement. in the Community, (1) OJ No C 167, 27. 6. 1988, p. 76 and O] No C 69, 20. 3. 1989, " p.69. (*) OJ No C 319, 30. 11. 1987, p. 55. Whereas public works contracts are governed by Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts (3),-as last amended by the Act of Accession of Spain and Portugal, and Council Directive 72/277/EEC of 26 July 1972 concerning the details of publication of notices of public works contracts and concessions-in the Official Journal of the European Communities (*), by the declaration of 26 July 1971 of the representatives of the Governments of the Member States, meeting within the Council, concerning procedures to be followed in the field of public works contracts (%), and by Council Decision 71/306/EEC of 26 - July 1971 setting up -an Advisory Committee -for Public - Contracts (¢), as amended by -Decision 77/63/EEC (7); Whereas, in order to guarantee real freedom of establishment and freedom to provide services in the market for public works contracts, it is necessary to improve and extend the safeguards-in the directives that are designed to introduce transparency into the procedures and practices for the award of such contracts, in order to be able to monitor compliance with the prohibition of restrictions-more closely and at the satmne time to reduce disparities in the competitive conditions faced by nationals of different Member States; Whereas this Directive does not prevent the application of, in particular, Article 36 of the Treaty; - Whereas it is to define more precisely what is meant by public : works -contracts in order to take account, in particular, of (%) OJ No L 185, 16. 8. 1971, p. 5. (*) OJ No L 176, 3. 8. 1972, p. 12. (%) O]'No C 82, 16. 8. 1971, p. 13. () O] No L 185, 16. 8. 1971, p. 15. () O] No L 13, 15. 1. 1977, p. 15.