5 Amendments of Glyn FORD related to 2007/0280(COD)
Amendment 5 #
Proposal for a directive
Recital 15
Recital 15
(15) In addition, provision should be made for cases where the Directive does not apply because specific rules on the awarding of contracts which derive from international agreements or which are specific to international organisations are applicable. International agreements should include international arrangements including memoranda of understanding.
Amendment 13 #
Proposal for a directive
Article 8
Article 8
This Directive shall not apply to public contracts governed by different procedural rules and awarded: a) pursuant to an international agreement concluded in conformity with the Treatyor arrangement concluded between a Member State and one or more third countries and covering supplies or works intended for the joint implement; b) pursuant to the particular procedure of an international or exploitation of a work by the signatory States or services intended for the joint implementation or exploitation of a project by the signatory States. All agreements shall be communicated to the Commission which, with the agreement of the Member State(s) concerned, may consult the Advisory Committee for Public Contracts referred to in Article 41; b) pursuant to the particular procedure of an international organisationganisation; c) pursuant to a concluded international agreement relating to the stationing of troops and concerning the undertakings of a Member State or a third country.
Amendment 14 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a This Directive shall not apply to public contracts when they are declared to be secret, when their performance must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned, or when the protection of the essential interests of that Member State (which can include security of information and security of supply) so requires. It shall be for a Member State alone to determine what constitutes appropriate national security clearance for the purposes of the above.
Amendment 15 #
Proposal for a directive
Article 14 − paragraph 2 – introductory wording
Article 14 − paragraph 2 – introductory wording
To this end, the contracting authority may require of the tenderer that the tender submitted contain inter alia the following particulars:
Amendment 16 #
Proposal for a directive
Article 15
Article 15
Provided that they are in conformity with Community law, the contracting authority may specify requirements to guarantee security of supply. To this end, the contracting authority may require of the tenderer that the tender submitted contain inter alia the following: a) evidence that it will be able to honour its obligations regarding the export, transfer and transit of goods associated with the contract, including by means of a commitment from the Member State(s) concerned, b) evidence that the organisation and location of its supply chain will allow it to comply with the contracting authority's requirements concerning the security of supply set out in the specifications, c) a commitment to meet additional needs required by the contracting authority as a result of an emergency, crisis or armed conflict, d) a commitment from its national authorities not to obstruct the fulfilment ofevidence of its ability to fulfil any additional needs required by the contracting authority as the result of an emergency, crisis or armed conflict, e) a commitment to carry out the maintenance, modernisation or adaptation of the supplies covered by this contract, f) a commitment to inform the contracting authority in due time of any change in its organisation or its industrial strategy that may affect its obligations to that authority. The requirements shall be explained in the specifications or contract documents.