Art. IV Overeenkomst inzake overheidsopdrachten — Technical Specifications

1. Technical specifications laying down the characteristics of the products to be procured such as quality, performance, safety and dimensions, testing and test methods, symbols, terminology, packaging, marking and labelling, and conformity certification requirements prescribed by procurement entities, shall not be prepared, adopted or applied with a view to creating obstacles to international trade nor have the effect of creating unnecessary obstacles to international trade. 2. Any technical specification prescribed by procurement entities shall, where appropriate: be in terms of performance rather than design; and be based on international standards, national technical regulations, or recognized national standards. 3. There shall be no requirement or reference to a particular trade mark or name, patent, design or type, specific origin or producer unless there is no sufficiently precise or intelligible way of describing the procurement requirements and provided that words such as “or equivalent” are included in the tenders. 4. Procurement entities shall not seek or accept, in a manner which would have the effect of precluding competition, advice which may be used in the preparation of specifications for a specific procurement from a firm that may have a commercial interest in the procurement.

Rechtspraak bij dit artikel