Regulation (EC) No 1564/2005 is amended as follows:
The title is replaced by the following:
‘Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the field of public procurement’;
after the first citation, the following legal bases are inserted:
‘Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts(1), and in particular Article 3a thereof,
Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors(2), and in particular Article 3a thereof,’;
the following Article 2a is inserted:
Contracting authorities and contracting entities shall, from the date of entry into force of the respective national measures transposing Directive 2007/66/EC of the European Parliament and of the Council(3) and from 21 December 2009 at the latest, use, for the publication of the notice referred to in Article 3a of Directives 89/665/EEC and 92/13/EEC in the Official Journal of the European Union, the standard form set out in Annex XIV to this Regulation.’;
Annex III is replaced by the text set out in Annex I to this Regulation;
Annex VI is replaced by the text set out in Annex II to this Regulation;
The text set out in Annex III to this Regulation is added as Annex XIV.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 2009.
For the Commission
Charlie McCreevy
Member of the Commission