7 Amendments of Barbara WEILER related to 2011/0437(COD)
Amendment 272 #
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 are 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 certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant (including penalties).
Amendment 333 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) So-called services to the person should be excluded from the full application of the Directive, since they have a limited cross-border dimension (e.g. in the social, educational and health field, including rescue services). These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A significantly reduced, light regime will therefore apply, with only two transparency requirements.
Amendment 335 #
Proposal for a directive
Recital 21
Recital 21
(21) In the light of the results of the evaluation conducted by the Commission on the reform of public procurement rules it is appropriate to exclude from the full application of this Directive only those services which have a limited cross-border dimension, namely the so-called services to the person such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore beA specific regime is established for concession for these services which takes into account the fact that they are newly regulated. An obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this Directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties. Furthermore, Member States should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question. Member States should ensure that contracting authorities and contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 481 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Contracting authorities and contracting entities shall treat economic operators equally and shall act in a transparent and proportionate way. The design of the concession award procedure shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. Furthermore, it shall not be designed to circumvent the award procedures laid down in the proposals for directives contained in COM (2011)896 and COM (2011)895.
Amendment 689 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Concessions for social and other specific services listed in Annex X falling within the scope of this Directive shall be subject to the reduced obligation of paragraph 3 of Art. 26 and of paragraph 1 of Article 27.
Amendment 723 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 27 and 35 of this Directive, the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tendersand in accordance with data protection law in the Member States and at EU level, the oversight body shall, on written request, grant, unrestricted and full direct access free of charge to the contracts awarded. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to those portions which may be disclosed shall be granted within a reasonable time. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of the information shall be permitted to make it public.
Amendment 725 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2