7 Amendments of Pablo ARIAS ECHEVERRÍA related to 2011/0437(COD)
Amendment 351 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure transparency and equal treatment, criteria for the award of concessions should always comply with some general standards. These should be disclosed in advance to all potential tenderers, be directly related to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice. They should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. In order to comply with these standards while improving legal certainty, Member States may provide for the use of the criterion of the most economically advantageous tender.
Amendment 585 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c a (new)
Article 15 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it.
Amendment 679 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
The exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessions need to be opened to competition through regular concession award procedures, except for cases where private participation in the legal person which results in it becoming an affiliated undertaking has taken place through any of the procedures provided for in this Directive or in Directives (replacing 2004/17/EC and 2004/18/EC).
Amendment 695 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where contracts have as their object concessions covered by this Directive as well as procurement or other elements not covered by it nor by Directives [replacing 2004/17/EC and Directive 2004/18] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with this Directive. However, when the different parts of the contract are objectively not separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 697 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
In the case of concessions subject to this Directive and contracts subject to [Directive 2004/18/EC or 2004/17/EC] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with the provisions thereof. Where the different parts of such contracts are not objectively separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 849 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. When fixing the time limits for the submission of applications for the concession and submission of tenders, contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders, without prejudice to the minimum time limits set out in Article 378.
Amendment 870 #
Proposal for a directive
Article 39 – paragraph 4 – point b
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 thethe concessionaire may not replace such staff with other staff having fewer qualifications or skills than those required and, where replacement takes place, the subsequent consent of the contracting authority or the contracting entity shall be required, which must verify that replacements ensure equivalent organisation and quality;