DIRECTIVE 2004/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Article 55 and Article 95 thereof, Having regard to the proposal from the Commission 1, Having regard to the opinion of the Economic and Social Committee 2, Having regard to the opinion of the Committee of the Regions 3, Acting in accordance with the procedure laid down in Article 251 of the Treaty 4, in the light of the joint text approved by the Conciliation Committee on 9 December 2003, Whereas: (1) On the occasion of new amendments being made to Council Directives 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts 5, 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts 6 and 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts 7, which are necessary to meet requests for simplification and modernisation made by contracting authorities and economic operators alike in their responses to the Green Paper adopted by the Commission on 27 November 1996, the Directives should, in the interests of clarity, be recast. This Directive is based on Court of Justice case-law, in particular case-law on award criteria, which clarifies the possibilities for the contracting authorities to meet the needs of the public concerned, including in the environmental and/or social area, provided that such criteria are linked to the subject-matter of the contract, do not confer an unrestricted freedom of choice on the contracting authority, are expressly mentioned and comply with the fundamental principles mentioned in Recital 2.

OJ C 29 E, 30.1.2001, p. 11 and OJ C