16 Amendments of Evelyne GEBHARDT related to 2011/0437(COD)
Amendment 260 #
Proposal for a directive
Recital 5
Recital 5
Amendment 269 #
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 lease contracts, particularly in the area of maritime or inland ports, whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 326 #
Proposal for a directive
Recital 20
Recital 20
Amendment 358 #
Proposal for a directive
Recital 29
Recital 29
(29) In technical specifications and in award criteria, contracting authorities and contracting entities should be allowed to refer to a specific production process, a specific mode of provision of servicelife cycle characteristics, such as a specific production process, including for example social and environmental aspects, a specific mode of provision of services, functional or performance requirements aimed at minimizing or maximising environmental or social impacts, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the concession. In order to better integrate social considerations in the award of concessions, procurers may also be allowed to include, in the award criteria, characteristics related to the working conditions. However, where the contracting authorities or contracting entities use the most economically advantageous tender, such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may onlyfor example concern the protection of health of the staff involved in the production process, gender balance (e.g. equal pay, work-life balance), access to vocational training, users' involvement and consultation, affordability, human rights, ethical trade or the favouring of social integration of disadvantaged persons or members of vulnerable groups (such as long-term unemployed persons, Roma, migrants or younger and older workers) amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. In this case, any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. Contracting authorities and contracting entities should, also where they use the criterion of the most economically advantageous tender, be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the concession in question, as this may affect the quality and sustainability of concession performance and, as a result, the economic value of the tender. Contracting authorities and contracting entities may also integrate into technical specifications or award criteria social considerations relating to external social costs directly linked to the life-cycle, such as the impacts of production on the surrounding environment and adjacent communities. Contracting authorities and contracting entities should lay down in the technical specifications obligations relating to social and employment conditions, health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration rulings, collective agreements and contracts as laid down in international labour law provisions which apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services in another Member State.
Amendment 394 #
Proposal for a directive
Article 1 - paragraph 2 a (new)
Article 1 - paragraph 2 a (new)
2a. This Directive shall not affect: (a) labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers, which Member States apply in accordance with national law which is in conformity with Community law. Equally, this Directive shall not affect the social security legislation of the Member States; (b) the exercise of fundamental rights recognised in the Member States and by Community legislation. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take industrial action in accordance with national law and practices which respect Community law; (c) the freedom of Member States to define, in conformity with Community law, what they consider to be services of general economic interest, how those services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to.
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 5 - point g (new)
Article 8 – paragraph 5 - point g (new)
(ga) services of general economic interest, particularly those relating to the supply or disposal of water, sewage, waste and energy;
Amendment 523 #
Proposal for a directive
Article 8 – paragraph 5 –point g b (new)
Article 8 – paragraph 5 –point g b (new)
(gb) civil protection, emergency response and everyday hazard prevention;
Amendment 527 #
Proposal for a directive
Article 8 – paragraph 5 – point g c (new)
Article 8 – paragraph 5 – point g c (new)
(gc) financial transactions for the purpose of obtaining finance or capital, investment or financing of public procurement projects;
Amendment 589 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
A contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person. The above conditions shall apply mutatis mutandis if a contracting authority awards a public contract to a legal person it controls jointly with other contracting authorities.
Amendment 599 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 639 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co- operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the partieor on each other’s behalf their public service tasks;
Amendment 643 #
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
Amendment 658 #
Proposal for a directive
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 778 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. Account shall be taken of social considerations relating to the external social costs directly linked to the life cycle, such as the impact of production on the surrounding environment and adjacent communities; social conditions and employment rules governing health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration rulings, collective agreements and contracts and international labour law provisions which apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services in another Member State.
Amendment 875 #
Proposal for a directive
Article 39 – paragraph 4 – point d a (new)
Article 39 – paragraph 4 – point d a (new)
(da) social considerations relating to the external social costs directly linked to the life cycle, such as the impact of production on the surrounding environment and adjacent communities; Social conditions and employment rules governing health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration rulings, collective agreements, contracts and international labour law provisions which apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services in another Member State.
Amendment 947 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4
Annex 3 – paragraph 1 – point 4