2 Amendments of Philippe DE BACKER related to 2011/0437(COD)
Amendment 9 #
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services is subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certainEqually, agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as public domain and private land lease contracts whereby the State or contracting authority or entity only establishes only general conditions for their use without acquiring specific works or servicesand/or specific binding and legally enforceable obligations that relate to the use of the land without acquiring specific works or services, should not qualify as concessions. In the framework of these public domain and private land lease contracts, the following terms are to be considered as conditions and obligations that purely aim at regulating the use of the land: the use to which the public domain or resource is to be put (e.g. description and permissible use, obligations that aim at optimising the use, such as performance benchmarks or environmental standards), the obligations of the contracting parties regarding the maintenance of the public domain or resource, the fee or rent and the incidental charges to be paid by the tenant (including penalties for breach of contract).
Amendment 30 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 a (new)
Article 8 – paragraph 5 – subparagraph 1 a (new)
This Directive shall not apply to contracts for public domain and private land lease contracts whereby the State or contracting authority or entity only establishes general conditions and/or specific binding and legally enforceable obligations that relate to the use of the land, without acquiring specific works or services.