15 Amendments of Bernadette VERGNAUD related to 2011/0437(COD)
Amendment 241 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 53 (1), Article 62 and Article 114 thereof, and Protocol 26 thereto,
Amendment 405 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a 'public (a) a 'works concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of wy means of which one or more contracting authorities or entities award the execution of works for which they are responsible to one or more economic operatorks, where the consideration for the the works to be carried outat award consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.;
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b (new)
Article 2 – paragraph 1 – point 2 – point b (new)
(b) a 'services concession' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or entities award the performance of services for which they are responsible to one or more economic operators, where the consideration for that award consists either solely in the right to perform the services that are the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of a significant part of the economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market, whether those risks are linked to supply or demand. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject of the concession.
Amendment 488 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning the management of network infrastructure related to the activities set out in Annex III or to services concessions for an activity set out in Annex III which, when this Directive enters into force, are the subject of a nationally regulated tariff for vulnerable groups of customers laid down in law or regulation where such concessions are awarded to an economic operator on the basis of an exclusive right that economic operatothe latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III. By way of derogation from the first subparagraph, where sectoral legislation referred to in the first subparagraph does not provide for sector-specific transparency obligations, the requirements of Article 27 (1) and (3) shall apply.
Amendment 574 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90% of the activitiesverage total turnover of that legal person areis generated by means of activities carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 611 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 90% of the activitiesverage total turnover of that legal person areis carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;
Amendment 631 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point d
Article 15 – paragraph 3 – subparagraph 2 – point d
(d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authoritiescouping of the operating and investment costs it incurs in performing the concessions with the contracting authorities or contracting entities, as defined in Article 4(1), point 1.
Amendment 696 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where contracts have as their object concessions covered by this Directive as well as procurement or other elements not covered by it nor by Directives [replacing 2004/17/EC and Directive 2004/18] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with this Directive. However, when the different parts of the contract are objectively not separable, the application of this Directive shall be determined on the basis of the main subject of that contract, without prejudice to the provisions of EU law.
Amendment 706 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where one of the activities for which the concession subject to the provisions of this Directive is intended is listed in Annex III and the other is not listed therein and where it is objectively impossible to determine for which activity the concession is principally intended, the concession shall be awarded in accordance with the provisions applicable to concessions awarded by contracting authorities, without prejudice to the provisions of EU law.
Amendment 732 #
Proposal for a directive
Article -26 and -26 a (new)
Article -26 and -26 a (new)
Article -26 Freedom of the grantor to organise the procedure The grantor shall have the freedom to organise the procedure leading to the choice of concessionaire subject to compliance with the provisions of this Directive, the only two mandatory stages being the publication of a concession notice at the beginning of the procedure, except in the cases provided for in Article 17 and Article 26(5), and the publication of an award notice at the end of the procedure. Intermediate stages may be provided for during the award procedure by the grantor, such as the sending of an invitation to submit an offer to the candidates who have responded where appropriate to the concession notice. Article - 26a General principles 1. Concessions shall be awarded on the basis of the criteria set out by the grantor in accordance with Article 38a provided that the following cumulative conditions are fulfilled: (a) the tender complies with the requirements, conditions and criteria set out in the concession notice or in the invitation to submit a tender and in the concession documents; (b) the tender comes from a tenderer who (i) is not excluded from participating in the award procedure in accordance with paragraphs 5 and 7 of Article 36, and subject to paragraph 8 of Article 39, and (ii) meets the selection criteria set out by the grantor in accordance with paragraphs 2 and 3 of Article 36. 2. During the concession award procedure, the grantor shall treat economic operators equally and shall act in a transparent and proportionate way. In particular, it shall not provide information in a discriminatory manner which may give some candidates or tenderers an advantage over others. 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. 3. The grantor must ensure that the economic operator complies with obligations relating to social protection and working conditions which apply under the laws and collective agreements in force where the concession is performed, and may set further social and environmental criteria.
Amendment 830 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity contracting authority or entity may decide to exclude an economic operator from participation in a concession where it is aware of a decision having the force of res judicata establishing that ithe economic operator has not fulfilled obligations relating to the payment of taxes or social security contributions in accord ance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority or entityy other obligation relating to social and employment conditions, such as health and safety at work, social security and working conditions, as set out in Union and national legislation, including collective agreements applicable in the place where the work or service is performed.
Amendment 844 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Any candidate or tenderer that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.
Amendment 858 #
Proposal for a directive
Article 38 a (new)
Article 38 a (new)
Article 38a Award criteria 1. The grantor may hold negotiations with candidates and tenderers. Concessions shall be awarded by the grantor on the basis of objective award criteria complying with the principles referred to in Article 26, subparagraph 2. 2. The subject matter of the concession, the award criteria and the minimum requirements shall not be changed in an arbitrary or discriminatory manner during the course of the negotiations. Any changes shall be immediately brought to the notice of the candidates and tenderers concerned. 3. The award criteria may include environmental, social, cohesion or innovation-related criteria. The grantor shall verify whether tenders properly meet the award criteria.
Amendment 916 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point a
Article 42 – paragraph 6 – subparagraph 1 – point a
(da) the need for modification has been brought about by circumstances which a diligent contracting authority or entity could not foreseanticipate
Amendment 945 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – paragraph 1
Annex 3 – paragraph 1 – point 2 – paragraph 1
For the purposes of this Directive, supply of electricity includes generation (production) and supply (wholesale of electricityas well as retail sale to end consumers).