24.12.2008 Official Journal of the European Union L 349/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 9 December 2008 amending the Annexes to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards their lists of contracting entities and contracting authorities (notified under document number C(2008) 7871) (Text with EEA relevance) (2008/963/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (!), and in particular Article 70(a) thereof, Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service con- tracts (%), and in particular Article 79(1) (d) and (e) thereof, Whereas: (1) Annexes I to Vand VII to X to Directive 2004/17/EC do not contain the lists of contracting entities of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorpo- rated in Annexes I to IX to Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of () OJ L 134, 30.4.2004, p. 1. () OJ L 134, 30.4.2004, p. 114. entities operating in the water, energy, transport and telecommunications sectors (>) by the Accession Treaty of 2003 (4. (2) Annex III to Directive 2004/18/EC does not contain the lists of bodies governed by public law of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorpo- rated in Annex I to Council Directive 93/37[EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (°) by the Accession Treaty of 2003. (3) Annex IV to Directive 2004/18/EC does not contain the lists of central government authorities of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which were incorpo- rated in Annex I to Directive 93/36/EEC by the Accession Treaty of 2003. (4) Pursuant to Article 73 of Directive 2004/17[EC, references to the repealed Directive 93/38/EEC are to be construed as being made to Directive 2004/17EC in accordance with the correlation table in Annex XXVI to Directive 2004/17| EC, ensuring therefore that contracting entities contained in Directive 93/38/EEC as amended by the Accession Treaty of 2003 are actually included in the relevant annexes to Directive 2004/17EC. () OJL 199, 9.8.1993, p. 84. (% OJ L 236, 23.9.2003, p. 1. () OJL 199, 9.8.1993, p. 54.