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34 Amendments of Josef WEIDENHOLZER related to 2011/0437(COD)

Amendment 238 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
2012/10/23
Committee: IMCO
Amendment 410 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘works concession’ means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting entities and having as their object the execution of works, where the consideration for the the works to be carried out consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment;deleted
2012/10/23
Committee: IMCO
Amendment 411 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) ‘execution of works’ means the execution, or both the design and execution, of works related to one of the activities referred to in Annex I or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority exercising a decisive influence on the type or design of the work.deleted
2012/10/23
Committee: IMCO
Amendment 453 #
Proposal for a directive
Article 6 – paragraph 1
1. The calculation of the estimated value of a concession shall be based on the total amount payable, net of VAT, as estimated by the contracting authority or the contracting entity, including any form of option and any extension of the duration of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 464 #
Proposal for a directive
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works.deleted
2012/10/23
Committee: IMCO
Amendment 479 #
Proposal for a directive
Article 6 – paragraph 9
9. The value of services concessions shall be the estimated total value of services to be provided by the concessionaire during the whole duration of the concession, calculated in accordance with an objective methodology which shall be specified in the concession notice or in the concession documents. The basis for calculating the estimated concession value shall, where appropriate, be the following: (a) for insurance services: the premium payable and other forms of remuneration; (b) for banking and other financial services: fees, commissions, interest and other forms of remuneration; (c) for design services: fees, commission payable and other forms of remuneration;deleted
2012/10/23
Committee: IMCO
Amendment 535 #
Proposal for a directive
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to service concessions in respect of services of general economic interest, particularly in the field of water supply, sewage disposal, social services, health services and employee association services.
2012/10/23
Committee: IMCO
Amendment 554 #
Proposal for a directive
Article 13
Article 13 Notification of information by contracting entities Contracting entities shall notify to the Commission or the national oversight body, at their request, the following information regarding the application of paragraphs 2 and 3 of Article 11 and of Article 12. (a) the names of the undertakings or joint ventures concerned, (b) the nature and value of the concessions involved, (c) proof deemed necessary by the Commission or the national oversight body that the relationship between the undertaking or joint venture to which the concessions are awarded and the contracting entity complies with the requirements of Articles 11 or 12.deleted
2012/10/23
Committee: IMCO
Amendment 715 #
Proposal for a directive
Article 21 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 46 concerning the reference numbers of this Article, whenever changes in the CPV nomenclature must be reflected in this Directive and they do not imply a modification of the scope of this Directive.
2012/10/23
Committee: IMCO
Amendment 717 #
Proposal for a directive
Article 22 – paragraph 1
1. Economic operators that, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of the Member State in which the concession is awarded, they would be required to be either natural or legal persons.deleted
2012/10/23
Committee: IMCO
Amendment 728 #
Proposal for a directive
Article 25 – paragraph 3
3. The tools to be used for communicating by electronic means, as well as their technical characteristics, shall be non- discriminatory, generally available and interoperable with the information and communication technology products in general use and shall not restrict economic operators' access to the concession award procedure. The technical details and characteristics of the devices for the electronic receipts to be deemed in compliance with the first subparagraph of this paragraph are set out in Annex XII The Commission shall be empowered to adopt delegated acts in accordance with Article 46 to amend the technical details and characteristics set out in Annex XII due to technical developments or administrative reasons. To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross-border context, the Commission shall be empowered to adopt delegated acts in accordance with Article 46 to establish the mandatory use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.deleted
2012/10/23
Committee: IMCO
Amendment 729 #
Proposal for a directive
Article 25 – paragraph 4
4. Contracting authorities and contracting entities may, where necessary, require the use of tools which are not generally available, provided that they offer alternative means of access. Contracting authorities and contracting entities shall be deemed to offer suitable alternative means of access in any of the following situations: (a) They offer unrestricted and full direct access by electronic means to these tools from the date of publication of the notice in accordance with Annex IX or from the date when the invitation to confirm interest is sent; the text of the notice or the invitation to confirm interest shall specify the internet address at which these tools are accessible; (b) ensure that tenderers established in other Member States than the contracting authority's may access the concession award procedure through the use of provisional tokens made available online at no extra cost; (c) support an alternative channel for electronic submission of tenders.deleted
2012/10/23
Committee: IMCO
Amendment 730 #
Proposal for a directive
Article 25 – paragraph 5
5. The following rules shall apply to devices for the electronic transmission and receipt of tenders and for the electronic transmission and receipt of applications: a) information on specifications for the electronic submission of tenders and requests to participate, including encryption and time-stamping, shall be available to interested parties; b) devices, methods for authentication and electronic signatures shall comply with the requirements of Annex XII; c) contracting authorities and contracting entities shall specify the level of security required for the electronic means of communication in the various stages of the concession award procedure followed. The level shall be proportionate to the risks attached. d) where advanced Electronic Signatures as defined by Directive 1999/93/EC24 of the European Parliament and of the Council are required, contracting authorities and contracting entities shall accept signatures supported by a qualified electronic certificate referred to in the Trusted List provided for in the European Commission Decision 2009/767/EC25, created with or without a secure signature creation device, subject to compliance with the following conditions: (i) they must establish the required advanced signature format on the basis of formats established in Commission Decision 2011/130/EU26 and put in place necessary measures to be able to process these formats technically; (ii) where a tender is signed with the support of a qualified certificate that is included in the Trusted list, they must not apply additional requirements that may hinder the use of those signatures by tenderers.deleted
2012/10/23
Committee: IMCO
Amendment 794 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice the conditions for participation in particular relating to:
2012/10/23
Committee: IMCO
Amendment 800 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the concession to be awarded. All requirements shall be related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.
2012/10/23
Committee: IMCO
Amendment 802 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Contracting authorities and contracting entities shall also indicate in the concession notice the reference or references to be submitted as proof of the economic operator's capacities. The requirements in respect of those references shall be non- discriminatory and proportionate to the subject-matter of the concession.
2012/10/23
Committee: IMCO
Amendment 807 #
Proposal for a directive
Article 36 – paragraph 2
2. With regard to the criteria referred to in paragraph 1, an economic operator mayIf subcontracting is employed, wthere appropriate and for a particular concession, rely on the capacities of other entities, regardless of the legal nature of its links with them. It shall, in that case, economic operator shall prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources, for example, by producing an undertaking by those entities to that effect. With regard to economic and financial standing, contracting authorities and contracting entities may require that the economic operator andThe legal requirements laid down in paragraphs 5 to 7 of this article must also be met by the subcontractors. The economic operator shall certify that they are not covered by any of the exclusion criteria. With regard to economic and financial standing, those entities are jointly liable for the exconomic operator shall be liable for all its subcontractors, irrespecutionve of the contractlegal relationship between it and the undertakings concerned.
2012/10/23
Committee: IMCO
Amendment 818 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point c
c) fraud within the meaning of Article 1 of the Convention on the protection of the financial interests of the European Communities and fraud within the meaning of national law;
2012/10/23
Committee: IMCO
Amendment 828 #
Proposal for a directive
Article 36 – paragraph 6
6. Any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a judicial or administrative decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority or entity. or that it has been found guilty of repeated breaches of labour law. Repeated breaches of labour law shall be taken to mean at least five labour court judgments against the economic operator concerned.
2012/10/23
Committee: IMCO
Amendment 832 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – introductory part
Member States mayshall provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled:
2012/10/23
Committee: IMCO
Amendment 835 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – point a
(a) where it is aware of any other serious violations of provisions of European Union or of national law aimed at the protection of public interests compatible with the Treaty; these shall include, in particular, violations of social, labour and environmental law;
2012/10/23
Committee: IMCO
Amendment 843 #
Proposal for a directive
Article 36 – paragraph 8
8. AIf particularly relevant grounds exist, any candidate or, tenderer or subcontractor that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion. A particularly relevant ground shall be, for example, a judgment handed down many years previously.
2012/10/23
Committee: IMCO
Amendment 846 #
Proposal for a directive
Article 36 a (new)
Article 36a Conditions for performance of contracts 1. The contracting authorities or entities shall apply additional social and environmental criteria for the provision of the works and services, which shall be indicated in the notice of the concession. 2. As regards the wages (including bonuses), working hours and other working conditions of the workers involved in performing the concession, the contracting authorities or entities shall lay down requirements which are no less favourable than the conditions which apply in the same area for the same work in the profession or industry concerned on the basis of: (a) a collective wage agreement or the outcome of another recognised negotiating procedure concluded by associations of workers and employers to which a substantial proportion of the workers and employers in the profession or industry concerned belong, or (b) an arbitration ruling (when national law makes provision for this), or (c) national law. If in the area in which the work is to be performed the relevant working conditions are not governed in one of the ways referred to above, the conditions to be granted by the contracting authorities and entities must guarantee the workers involved wages (including bonuses), working hours and other working conditions which are no less favourable than the conditions granted by employers who are in the nearest comparable area or belong to the same profession or industry as the party to the contract and who are in the same circumstances.
2012/10/23
Committee: IMCO
Amendment 853 #
Proposal for a directive
Article 38 – paragraph 1
1. Where contracting authorities and contracting entities resort to a concession, the time limit for the submission of applications for the concession shall be not less than 5230 days from the date on which the concession notice was sent.
2012/10/23
Committee: IMCO
Amendment 855 #
Proposal for a directive
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.
2012/10/23
Committee: IMCO
Amendment 861 #
Proposal for a directive
Article 39 – paragraph 1
1. Concessions shalltracts should be awarded on the basis of objective criteria whichthat ensure compliance with the principles of transparency, non-discrimination and equal treatment and which ensure that tenders are assessed in conditions of effective competition permitting to identify an overall economic advantage for the contracting authority or the contracting entity.
2012/10/23
Committee: IMCO
Amendment 863 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1
The award criteria shall be linked to the subject matter of the concession, and shall not confer an unrestricted freedom of choice on the contracting authority or the contracting entity.
2012/10/23
Committee: IMCO
Amendment 867 #
Proposal for a directive
Article 39 – paragraph 4 – introductory part
4. Member States mayshall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in compliance with paragraph 2. Those criteria may include, in addition to price or costs, any of the following criteria:
2012/10/23
Committee: IMCO
Amendment 868 #
Proposal for a directive
Article 39 – paragraph 4 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character; social and employment policy criteria, for example measures to promote gender equality, the integration into the labour market of particularly disadvantaged groups, in particular young people and apprentices, the long-term unemployed, people with a migration background and people with disabilities, and the provision of guarantees by the tenderer, subcontractors and firms in the supply chain that workers will enjoy excellent working conditions.
2012/10/23
Committee: IMCO
Amendment 869 #
Proposal for a directive
Article 39 – paragraph 4 – point b
(b) for service concessions and concessions involving the design of works, the organisation, qualification and experience of the staff assigned to performing the concession in question may be taken into consideration, with the consequence that, following the award of the concession, such staff may only be replaced with the consenand the right of the contracting authority or the contracting entity, which must verify to make thate replacements ensure equivalent organisation and quality; of the staff concerned contingent on its consent.
2012/10/23
Committee: IMCO
Amendment 871 #
Proposal for a directive
Article 39 – paragraph 4 – point c
(c) after-sales service and technical assistance, delivery date and delivery period or period of completion; and quality criteria for users;
2012/10/23
Committee: IMCO
Amendment 872 #
Proposal for a directive
Article 39 – paragraph 4 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point 14 of paragraph 1 of Article 2, to the extent that those criteria concern factors directly involvhe sustainability of the production process and the employment of fair trade criteria. (e) external costs, such as environmental costs generated inby these processes and characterise the specific process of production or provision of the requested works, supplies or services. long road journeys which must be made in order to provide the service and which can be reduced by the use of an environmentally-friendly mode of transport, such as rail.
2012/10/23
Committee: IMCO
Amendment 874 #
Proposal for a directive
Article 39 – paragraph 4 - point d a (new)
(da) price and costs.
2012/10/23
Committee: IMCO
Amendment 888 #
Proposal for a directive
Article 41 – paragraph 1
1. In the concession documents, the cContracting authorityies or contracting entity may ask or may be required by a Member State to askies shall call on the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors.
2012/10/23
Committee: IMCO