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32004L0017: u3-58.1-2

Products originating in third countries

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0017 - Utilities (3rd generation) Article 58.1-2
Section 3
    Tenders comprising products originating in third countries and relations with those countries
Article 58
    Tenders comprising products originating in third countries
    1. This Article shall apply to tenders covering products originating in third countries with which the Community has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries.
    2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(30), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products.
31993L0038 - Utilities (2nd generation) Article 36.1-2
Article 36
    1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries.
    2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (16) , exceeds 50 % of the total value of the products constituting the tender.
    For the purposes of this Article, software used in telecommunications network equipment shall be considered as products.
(16) OJ No L 148, 28. 6. 1968, p. 1. Regulation as last amended by Regulation (EEC) No 3860/87 (OJ No L 363, 23. 12. 1987, p. 30).
31990L0531 - Utilities (1st generation) Article 29.1-2
Article 29
1. This Article shall apply to tenders comprising products originating in third countries with which the Community has not concluded, multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Community or its Member States in respect of third countries.
2. Any tender made for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods(17), as last amended by Regulation (EEC) No 3860/87(18), exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in the equipment of telecommunication networks shall be considered as products.
(17) OJ No L 148, 28. 6. 1968, p. 1.
(18) OJ No L 363, 23. 12. 1987, p. 30.

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