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 [OJ No C 230, 28. 8. 1987, p. 6 and OJ No C.15; 19. 1. 1989, P. 8.],

In cooperation with the European Parliament [OJ No C 167, 27. 6. 1988, p. 77 and OJ No C 323, 27. 12. 1989.],

Having regard to the opinion of the Economic and Social Committee [OJ No C 347, 22. 12. 1987, p. 23.],

Whereas Community Directives on public procurement, in particular Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts [OJ No L 185, 16. 8. 1971, p. 5.], as last amended by Directive 89/440/EEC [OJ No L 210, 21. 7. 1989, p. 1.], and Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts [OJ No L 13, 15. 1. 1977, p. 1.], as last amended by Directive 88/295/EEC [OJ No L 127, 20. 5. 1988, p. 1.], do not contain any specific provisions ensuring their effective application;

Whereas the existing arrangements at both national and Community levels for ensuring their application are not always adequate to ensure compliance with the relevant Community provisions particularly at a stage when infringements can be corrected;

Whereas the opening-up of public procurement to Community competition necessitates a substantial increase in the guarantees of transparency and non-discrimination; whereas, for it to have tangible effects, effective and rapid remedies must be available in the case of infringements of Community law in the field of public procurement or national rules implementing that law;