ARTICLE 5

1 . ( A ) THE PROVISIONS OF TITLES II , III AND IV AND OF ARTICLE 6 SHALL APPLY , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 4 , TO PUBLIC SUPPLY CONTRACTS WHOSE ESTIMATED VALUE NET OF VAT IS NOT LESS THAN 200 000 EUROPEAN UNITS OF ACCOUNT . ( B ) THE EUROPEAN UNIT OF ACCOUNT SHALL BE THAT DEFINED BY DECISION NO 3289/75/ECSC . ( C ) THE EXCHANGE VALUE IN NATIONAL CURRENCIES TO BE APPLIED SHALL BE THE AVERAGE OF THE DAILY VALUE OF THESE CURRENCIES OVER THE PRECEDING 12 MONTHS CALCULATED ON THE LAST DAY OF OCTOBER EVERY TWO YEARS , WITH EFFECT FROM THE FOLLOWING 1 JANUARY . THIS EXCHANGE VALUE , CALCULATED BY THE COMMISSION , SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES DURING THE FIRST DAYS OF NOVEMBER . ( D ) THE METHOD OF CALCULATION LAID DOWN IN SUBPARAGRAPH ( C ) SHALL BE EXAMINED , ON THE COMMISSION'S INITIATIVE , WITHIN THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS TWO YEARS AFTER ITS INITIAL APPLICATION . ( E ) THIS METHOD SHALL IN ANY EVENT BE REVIEWED ONCE THE COUNCIL HAS ACTED ON THE PROPOSAL FOR A REGULATION , SUBMITTED BY THE COMMISSION , APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND TO THE LEGAL ACTS ADOPTED BY THE INSTITUTIONS . 2 . IN THE CASE OF REGULAR SUPPLY CONTRACTS OR OF CONTRACTS WHICH ARE TO BE RENEWED WITHIN A GIVEN TIME THE AGGREGATE COST DURING THE 12 MONTHS FOLLOWING FIRST DELIVERY OR DURING THE TERM OF THE CONTRACT WHERE THIS IS GREATER THAN 12 MONTHS MUST BE TAKEN AS THE BASIS FOR THE APPLICATION OF PARAGRAPH 1 . 3 . IF A PROPOSED PURCHASE OF SUPPLIES OF THE SAME TYPE MAY LEAD TO CONTRACTS BEING AWARDED AT THE SAME TIME IN SEPARATE PARTS , THE ESTIMATED VALUE OF THE SUM TOTAL OF THESE PARTS MUST BE TAKEN AS THE BASIS FOR THE APPLICATION OF PARAGRAPH 1 . 4 . NO PURCHASE REQUIREMENT FOR A CERTAIN QUANTITY OF SUPPLIES MAY BE SPLIT UP WITH THE INTENTION OF AVOIDING THE APPLICATION OF THIS ARTICLE .

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.