BETA

6 Amendments of Franco FRIGO related to 2013/0028(COD)

Amendment 53 #
Proposal for a regulation
Recital 5
(5) To ensure sound financing to meet the objectives of public transport plans, competent authorities need to design public service obligations to attain public transport objectives in a cost-effective manner taking account of the compensation for the net financial effect of those obligations and they need to ensure long- term financial sustainability of public transport provided under public service contracts. That includes avoiding both over- and under-compensation caused by the substance of the public service obligations or the failure of the competent authority to meet its financial commitments. Public service obligations may include networks in which some services can be operated with a fair profit without financial compensation; the inclusion of such services should not result in compensation payments exceeding the amount necessary for providing the whole range of services.
2013/09/23
Committee: TRAN
Amendment 68 #
Proposal for a regulation
Recital 9 a (new)
(9a) The principle of reciprocity is an important way to combat distortion of competition; this principle should be applied not only to Member States, to enable them to exclude from competitive tenders organised by the relevant authorities any firms that are registered or located in a country that does not allow the relevant authorities in its territory to award public service contracts through competitive tendering procedures, but also to companies in third countries that wish to take part in tender procedures within the Union.
2013/09/23
Committee: TRAN
Amendment 255 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 1035 million train-km or one third of the total national public rail passenger transport volume under public service contract."
2013/09/23
Committee: TRAN
Amendment 281 #
Proposal for a regulation
Article 1 – point 4 – point -a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
(-ac) the following paragraph is inserted: "3a. Member States may exclude from the competitive tendering procedure any operators or undertakings that are controlled, directly or indirectly, by any person or persons from a third country or third countries unless those countries have measures that allow contracts to be awarded through competitive tendering to EU undertakings. For the purpose of this paragraph, control shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking".
2013/09/23
Committee: TRAN
Amendment 293 #
Proposal for a regulation
Article 1 – point 4 – point -a d (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 b (new)
(-ad) the following paragraph is inserted: “3b. Member States may exclude from competitive tenders organised by the competent authorities in their territory, pursuant to paragraph 3 of this article, any undertakings or subsidiaries controlled by such undertakings directly or indirectly, that are registered in a Member State in which the competent authorities are not permitted to award public service contracts through competitive tendering procedures, pursuant to paragraph 6 of this article. For the purpose of this paragraph, control shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.
2013/09/23
Committee: TRAN
Amendment 342 #
Proposal for a regulation
Article 1 – point 4 – point b a (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6 a (new)
(ba) the following paragraph shall be inserted: 6a. Railway undertakings that are awarded public service contracts in accordance with the competitive tendering procedures provided for in this regulation shall be excluded from the scope of Directive EU/.../... (on procurement by entities operating in the water, energy, transport and postal services sectors).
2013/09/23
Committee: TRAN