92/97/EEC: Council Decision of 16 December 1991 adopting the general regulations,... (31992D0097)
INHALT
92/97/EEC: Council Decision of 16 December 1991 adopting the general regulations, general conditions and procedural rules on conciliation and arbitration for works, supply and service contracts financed by the European Development Fund (EDF) and concerning their application in the association of the overseas countries and territories (OCT) with the European Economic Community
- COUNCIL DECISION
- of 16 December 1991
- adopting the general regulations, general conditions and procedural rules on conciliation and arbitration for works, supply and service contracts financed by the European Development Fund (EDF) concerning their application in the association of the overseas countries and territories with the European Economic Community
- (92/97/EEC)
- Article 1
- Article 2
- Article 3
- ANNEX I
- GENERAL REGULATIONS FOR WORKS, SUPPLY AND SERVICE CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT
- INTRODUCTION
- Article 1
- Conditions
- Article 2
- National law
- DEFINITIONS AND PRINCIPLES
- Article 3
- Definitions
- Article 4
- Eligibility
- Article 5
- Equality of participation
- Article 6
- Derogation
- Article 7
- Competition
- Article 8
- Design competition
- Article 9
- Preference
- Article 10
- Types of contract
- Article 11
- Technical specifications and standards
- Article 12
- Notices and written communications
- INVITATION TO TENDER
- Article 13
- Notice of invitation to tender
- Article 14
- Pre-selection of tenderers
- Article 15
- Direct agreement contracts
- TENDER DOSSIER
- Article 16
- Contents of tender dossier
- Article 17
- Clarification of tender information
- Article 18
- Amendments to tender dossier
- INSTRUCTIONS TO TENDERERS
- Article 19
- Language
- Article 20
- Contents of tender
- Article 21
- Lots
- Article 22
- Cooperation with third parties
- Article 23
- Independence of tenderers
- Article 24
- Pricing of tenders
- Article 25
- Period of validity
- Article 26
- Tender guarantee
- Article 27
- Variant solutions
- Article 28
- Pre-tender visit
- Article 29
- Signing of tenders
- SUBMISSION OF TENDERS
- Article 30
- Time limit
- Article 31
- Sealing and marking of envelopes
- Article 32
- Withdrawals and amendments
- EXAMINATION OF TENDERS
- Article 33
- Opening of tenders
- Article 34
- Evaluation of tenders
- Article 35
- Annulment of the tender procedure
- AWARD OF CONTRACT
- Article 36
- Selection
- Article 37
- Notification of award
- Article 38
- Preparation of contract document
- Article 39
- Signing of the contract
- Article 40
- Performance guarantee
- GENERAL AND FINAL PROVISIONS
- Article 41
- General and final provisions
- ANNEX II
- GENERAL CONDITIONS FOR WORKS CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT
- PRELIMINARY PROVISIONS
- Article 1
- Definitions
- Article 2
- Law and language of the contract
- Article 3
- Order of precedence of contract documents
- Article 4
- Notices and written communications
- Article 5
- Supervisor and supervisor's representative
- Article 6
- Assignment
- Article 7
- Subcontracting
- OBLIGATIONS OF THE CONTRACTING AUTHORITY
- Article 8
- Supply of documents
- Article 9
- Access to site
- Article 10
- Assistance with local regulations
- Article 11
- Delayed payments to the contractor's staff
- OBLIGATIONS OF THE CONTRACTOR
- Article 12
- General obligations
- Article 13
- Superintendence of the works
- Article 14
- Staff
- Article 15
- Performance guarantee
- Article 16
- Insurance
- Article 17
- Performance programme
- Article 18
- Detailed breakdown of prices
- Article 19
- Contractor's drawings
- Article 20
- Sufficiency of tender prices
- Article 21
- Exceptional risks
- Article 22
- Security of sites
- Article 23
- Safeguarding adjacent properties
- Article 24
- Interference with traffic
- Article 25
- Cables and conduits
- Article 26
- Setting-out
- Article 27
- Demolished materials
- Article 28
- Discoveries
- Article 29
- Temporary works
- Article 30
- Soil studies
- Article 31
- Overlapping contracts
- Article 32
- Patents and licences
- COMMENCEMENT AND DELAYS
- Article 33
- Commencement orders
- Article 34
- Period of performance
- Article 35
- Extension of period of performance
- Article 36
- Delays in performance
- Article 37
- Variations
- Article 38
- Suspension
- MATERIALS AND WORKMANSHIP
- Article 39
- Work register
- Article 40
- Quality of works and materials
- Article 41
- Inspection and testing
- Article 42
- Rejection
- Article 43
- Property in plant and materials
- PAYMENTS
- Article 44
- General provisions
- Article 45
- Provisional price contracts
- Article 46
- Advances
- Article 47
- Retention sum
- Article 48
- Revision of prices
- Article 49
- Measurement
- Article 50
- Interim payments
- Article 51
- Final statement of account
- Article 52
- Direct payments to subcontractors
- Article 53
- Delayed payments
- Article 54
- Payments to third parties
- Article 55
- Claims for additional payment
- Article 56
- Payments in foreign currency
- ACCEPTANCE AND MAINTENANCE
- Article 57
- General clauses
- Article 58
- Tests on completion
- Article 59
- Partial acceptance
- Article 60
- Provisional acceptance
- Article 61
- Maintenance obligations
- Article 62
- Final acceptance
- BREACH OF CONTRACT AND TERMINATION
- Article 63
- Breach of contract
- Article 64
- Termination by the contracting authority
- Article 65
- Termination by the contractor
- Article 66
- Force majeure
- Article 67
- Decease
- SETTLEMENT OF DISPUTES
- Article 68
- Settlement of disputes
- ANNEX III
- GENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT
- PRELIMINARY PROVISIONS
- Article 1
- Definitions
- Article 2
- Law and language of the contract
- Article 3
- Order of precedence of contract documents
- Article 4
- Notices and written communications
- Article 5
- Supervisor and supervisor's representative
- Article 6
- Assignment
- Article 7
- Subcontracting
- OBLIGATIONS OF THE CONTRACTING AUTHORITY
- Article 8
- Supply of documents
- Article 9
- Assistance with local regulations
- OBLIGATIONS OF THE SUPPLIER
- Article 10
- General obligations
- Article 11
- Performance guarantee
- Article 12
- Insurance
- Article 13
- Performance programme
- Article 14
- Detailed breakdown of prices
- Article 15
- Supplier's drawings
- Article 16
- Sufficiency of tender prices
- Article 17
- Patents and licences
- COMMENCEMENT AND DELAYS
- Article 18
- Commencement orders
- Article 19
- Period of performance
- Article 20
- Extension of period of performance
- Article 21
- Delays in performance
- Article 22
- Variations
- Article 23
- Suspension
- MATERIALS AND WORKMANSHIP
- Article 24
- Quality of supplies
- Article 25
- Inspection and testing
- Article 26
- Property in the supplies
- PAYMENTS
- Article 27
- General provisions
- Article 28
- Provisional price contracts
- Article 29
- Advances
- Article 30
- Retention sums
- Article 31
- Revision of prices
- Article 32
- Interim payments
- Article 33
- Final statement of account
- Article 34
- Payment to third parties
- Article 35
- Delayed payments
- Article 36
- Payments in foreign currency
- ACCEPTANCE AND MAINTENANCE
- Article 37
- Delivery
- Article 38
- Verification operations
- Article 39
- Provisional acceptance
- Article 40
- Warranty obligations
- Article 41
- After sales service
- Article 42
- Final acceptance
- BREACH OF CONTRACT AND TERMINATION
- Article 43
- Breach of contract
- Article 44
- Termination by the contracting authority
- Article 45
- Termination by the supplier
- Article 46
- Force majeure
- Article 47
- Decease
- SETTLEMENT OF DISPUTES
- Article 48
- Settlement of disputes
- ANNEX IV
- GENERAL CONDITIONS FOR SERVICE CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT
- PRELIMINARY PROVISIONS
- Article 1
- Definitions
- Article 2
- Law and language of the contract
- Article 3
- Order of precedence of contract documents
- Article 4
- Notices and written communications
- Article 5
- Supervisor and supervisor's representative
- Article 6
- Assignment
- Article 7
- Subcontracting
- OBLIGATIONS OF THE CONTRACTING AUTHORITY
- Article 8
- Supply of information
- Article 9
- Assistance with local regulations
- OBLIGATIONS OF THE CONSULTANT
- Article 10
- General obligations
- Article 11
- Code of conduct
- Article 12
- Independence
- Article 13
- Specifications and designs
- Article 14
- Indemnification
- Article 15
- Medical and insurance arrangements
- Article 16
- Proprietary rights in reports and documents
- NATURE OF THE SERVICES
- Article 17
- The scope of the services
- Article 18
- Provision of personnel
- Article 19
- Staff and equipment
- Article 20
- Trainees
- PERFORMANCE OF THE CONTRACT
- Article 21
- Commencement orders
- Article 22
- Period of performance
- Article 23
- Extension of period of performance
- Article 24
- Delays in performance
- Article 25
- Suspension
- Article 26
- Variations
- Article 27
- Working hours
- Article 28
- Leave entitlement
- Article 29
- Information
- Article 30
- Records
- Article 31
- Submission of reports
- Article 32
- Approval of reports and documents
- PAYMENTS
- Article 33
- General provisions
- Article 34
- Advances
- Article 35
- Payment procedure
- Article 36
- Travel and transport
- Article 37
- Revision of prices
- Article 38
- Delayed payments
- Article 39
- Payment to third parties
- BREACH OF CONTRACT AND TERMINATION
- Article 40
- Breach of contract
- Article 41
- Termination by the contracting authority
- Article 42
- Termination by the consultant
- Article 43
- Force majeure
- Article 44
- Decease
- SETTLEMENT OF DISPUTES
- Article 45
- Settlement of disputes
- ANNEX V
- PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT
- I.
- INTRODUCTION
- II.
- THE TRIBUNAL
- III.
- THE ARBITRATION PROCEEDINGS
- IV.
- THE AWARD
- I —
- INTRODUCTION
- Article 1
- Scope of application
- Article 2
- Definitions
- Article 3
- Notice and calculation of time
- Article 4
- Exhaustion of internal administrative procedures
- Article 5
- Conciliation
- II —
- THE TRIBUNAL
- Article 6
- Nationality of arbitrators
- Article 7
- Number of arbitrators
- Article 8
- Appointment of sole arbitrator
- Article 9
- Appointment of three arbitrators
- Article 10
- Appointments by the appointing authority
- Article 11
- Challenge of arbitrators
- Article 12
- Replacement of arbitrator
- III —
- THE ARBITRATION PROCEEDINGS
- Article 13
- General provisions
- Article 14
- Applicable law and procedural rules
- Article 15
- Language of the proceedings
- Article 16
- Venue of the proceedings
- Article 17
- Representation and assistance
- Article 18
- Commencement of arbitration proceedings
- Article 19
- Statement of claim
- Article 20
- Statement of defence
- Article 21
- Amendments to the claim or defence
- Article 22
- Pleas to the jurisdiction of the tribunal
- Article 23
- Further written statements
- Article 24
- Time limits
- Article 25
- Evidence
- Article 26
- Oral proceedings
- Article 27
- Interim measures of protection
- Article 28
- Experts
- Article 29
- Default
- Article 30
- Closure of hearings
- Article 31
- Waiver of rules
- IV —
- THE AWARD
- Article 32
- Decisions
- Article 33
- Time, scope, form and effect of the award
- Article 34
- Enforcement of the award
- Article 35
- Settlement or other grounds for termination
- Article 36
- Interpretation of the award
- Article 37
- Correction of the award
- Article 38
- Additional award
- Article 39
- Fees
- Article 40
- Costs
- Article 41
- Deposit of costs
Feedback