art_6__para

1 . CONTRACTING AUTHORITIES MAY AWARD THEIR SUPPLY CONTRACTS WITHOUT APPLYING THE PROCEDURES REFERRED TO IN ARTICLE 4 ( 1 ) AND ( 2 ) IN THE FOLLOWING CASES : ( A ) IN THE ABSENCE OF TENDERS , OR IN THE EVENT OF IRREGULAR TENDERS FOLLOWING ADOPTION OF ONE OF THE PROCEDURES LAID DOWN IN THIS DIRECTIVE , OR IN THE EVENT OF TENDERS WHICH ARE UNACCEPTABLE UNDER NATIONAL PROVISIONS THAT ARE IN ACCORDANCE WITH THE PROVISIONS OF TITLE IV , IN SO FAR AS THE ORIGINAL TERMS FOR THE CONTRACT ARE NOT SUBSTANTIALLY ALTERED ; ( B ) WHEN , FOR TECHNICAL OR ARTISTIC REASONS , OR FOR REASONS CONNECTED WITH PROTECTION OF EXCLUSIVE RIGHTS , THE GOODS SUPPLIED MAY BE MANUFACTURED OR DELIVERED ONLY BY A PARTICULAR SUPPLIER ; ( C ) WHERE THE ARTICLES INVOLVED ARE MANUFACTURED PURELY FOR PURPOSES OF RESEARCH , EXPERIMENT , STUDY OR DEVELOPMENT ; ( D ) IN SO FAR AS IS STRICTLY NECESSARY WHEN , FOR REASONS OF EXTREME URGENCY BROUGHT ABOUT BY EVENTS UNFORESEEABLE BY THE CONTRACTING AUTHORITIES , THE TIME LIMIT LAID DOWN IN THE PROCEDURES COVERED BY ARTICLE 4 ( 1 ) AND ( 2 ) CANNOT BE KEPT ; ( E ) FOR ADDITIONAL DELIVERIES BY THE ORIGINAL SUPPLIER WHICH ARE INTENDED EITHER AS PART REPLACEMENT OF NORMAL SUPPLIES OR INSTALLATIONS , OR AS THE EXTENSION OF EXISTING SUPPLIES OR INSTALLATIONS WHERE A CHANGE OF SUPPLIER WOULD COMPEL THE CONTRACTING AUTHORITY TO PURCHASE EQUIPMENT HAVING DIFFERENT TECHNICAL CHARACTERISTICS WHICH WOULD RESULT IN INCOMPATIBILITY OR DISPROPORTIONATE TECHNICAL DIFFICULTIES OF OPERATION OR MAINTENANCE ; ( F ) FOR GOODS QUOTED AND PURCHASED ON A COMMODITY MARKET IN THE COMMUNITY ; ( G ) WHEN SUPPLIES ARE DECLARED SECRET OR WHEN THEIR DELIVERY MUST BE ACCOMPANIED BY SPECIAL SECURITY MEASURES IN ACCORDANCE WITH THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN FORCE IN THE MEMBER STATE CONCERNED , OR WHEN THE PROTECTION OF THE BASIC INTERESTS OF THAT STATE'S SECURITY SO REQUIRES ; ( H ) FOR EQUIPMENT SUPPLY CONTRACTS IN THE FIELD OF DATA-PROCESSING , AND SUBJECT TO ANY DECISIONS OF THE COUNCIL TAKEN ON A PROPOSAL FROM THE COMMISSION AND DEFINING THE CATEGORIES OF MATERIAL TO WHICH THE PRESENT EXCEPTION DOES NOT APPLY . THERE CAN NO LONGER BE RECOURSE TO THE PRESENT EXCEPTION AFTER 1 JANUARY 1981 OTHER THAN BY A DECISION OF THE COUNCIL TAKEN ON A PROPOSAL FROM THE COMMISSION TO MODIFY THIS DATE . 2 . BEFORE THE END OF JUNE OF EACH YEAR , MEMBER STATES SHALL SEND THE COMMISSION A STATEMENT OF THE NUMBER AND TOTAL VALUE OF CONTRACTS AWARDED IN THE PRECEDING CALENDAR YEAR ON THE BASIS OF PROVISIONS ( A ) TO ( F ) OF PARAGRAPH 1 , AT LEAST AS REGARDS CONTRACTS AWARDED BY STATES , LAENDER , REGIONS , PROVINCES OR DEPARTMENTS . MEMBER STATES SHALL , AS FAR AS POSSIBLE , CLASSIFY THE CONTRACTS AWARDED ACCORDING TO EACH OF THE CATEGORIES IN THE FOREGOING PROVISIONS . TITLE II COMMON RULES IN THE TECHNICAL FIELD

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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.