BETA

9 Amendments of Andreas SCHWAB related to 2007/0280(COD)

Amendment 43 #
Proposal for a directive
Recital 1
(1) The gradual establishment of a European defence equipment market is essential for strengthening the defence industrial and technological base in Europe and developing the military capabilities required to implement the European Security and Defence Policy (ESDP). The reasons for this assessment and the considerations underlying the bases for Community law - further to the Commission's Green Paper of 23 September 2004 on defence procurement (COM(2004)0608) - are set out in more detail in the Commission Communication of 6 December 2005 on the results of the consultation on that Green Paper (COM(2005)0626) and in the Commission's Interpretative Communication of 7 December 2006 on the application of Article 296 of the Treaty in the field of defence procurement (COM2006)0779) and the Commission Communication of 5 December 2007 on a Strategy for a stronger and more competitive European defence industry (COM(2007)0764).
2008/08/29
Committee: IMCO
Amendment 44 #
Proposal for a directive
Recital 1 a (new)
(1a) Public service contracts as logistics services have the potential to reduce costs in the defence sector. Further developed supply chains can significantly lower the environmental impact of the sector, especially with regard to energy efficiency and greenhouse gas emission reduction;
2008/08/29
Committee: IMCO
Amendment 50 #
Proposal for a directive
Recital 8
(8) Contracts relating to arms, munitions and war material awarded by contracting authorities operating in the field of defence are excluded from the scope of the Government Procurement Agreement (hereinafter "the Agreement") concluded at the World Trade Organization. With respect to the other contracts covered by this Directive, these may be exempted from the application of this agreement on the basis of Article XXIII thereof. Should contracting authorities wish to invite non- EU bidders in such an absence of a regulated international trade environment, this should be done on the basis of reciprocal equitable and fair market access.
2008/08/29
Committee: IMCO
Amendment 56 #
Proposal for a directive
Article 1 - paragraph 1
This Directive shall apply to public contracts awarded in the fields of defence and security forrelating to the supply of goods and services which are used for the purpose of guaranteeing the security and defence of the Union or its Member States and public works and services contracts related to such supplies. These comprise:
2008/08/29
Committee: IMCO
Amendment 70 #
Proposal for a directive
Article 1 - paragraph 1 - point c
c) the supply of all products intended for training or testing of the goods referred to under a) and public works and services contracts related to such supplies;
2008/08/29
Committee: IMCO
Amendment 120 #
Proposal for a directive
Article 30 - paragraph 1 - subparagraph (3 a) (new)
Candidates or tenderers may avoid exclusion despite being the subject of a conviction by final judgment if they provide evidence that specific technical, organisational and personnel-related measures have been taken to eliminate the reasons for committing criminal acts in the future.
2008/08/29
Committee: IMCO
Amendment 126 #
Proposal for a directive
Article 38 a (new) [in Title II a]
Article 38a Scope and availability of review procedures (1) The Member States shall take the measures necessary to ensure that, as regards contracts – including framework contracts – falling within the scope of this Directive, decisions taken by the contracting authorities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in Articles [38a] to [38h], on the grounds that such decisions have infringed Community law in the field of public procurement or national rules transposing that law. (2) Member States shall ensure that there is no discrimination between undertakings claiming harm in the context of a procedure for the award of a contract as a result of the distinction made by this Directive between national rules implementing Community law and other national rules. (3) Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. A Member State may, in justified cases, refuse a review procedure, if carrying out such a procedure, even where the confidentiality requirement is observed during proceedings, is contrary to its vital security interests. In such cases, the Member State must set out the reasons why a review procedure is inconsistent with its vital security interests. (4) Member States may require that the person wishing to use a review procedure has notified the contracting authority of the alleged infringement and of his intention to seek review, provided that this does not affect the standstill period in accordance with Article [38c](2) or any other time limits for applying for review in accordance with Article [38e]. (5) Member States may require that the person concerned first seek review with the contracting authority. In that case, the Member States shall ensure that the submission of such an application for review results in immediate suspension of the possibility to conclude the contract. Member States shall decide on the appropriate means of communication, including fax or electronic means, to be used for the application for review provided for in the first subparagraph. The suspension referred to in the first subparagraph shall not end before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contracting authority has sent a reply if fax or electronic means are used, or, if other means of communication are used, before the expiry of either at least 15 calendar days with effect from the day following the date on which the contracting authority has sent a reply, or at least 10 calendar days with effect from the day following the date of the receipt of a reply.
2008/08/29
Committee: IMCO
Amendment 131 #
Proposal for a directive
ANNEX I - Row 4 a (new)
Category Descrip- CPV tion of Reference Nos services (4a) Rail 60200000-0, transport 60220000-6 services
2008/08/29
Committee: IMCO
Amendment 132 #
Proposal for a directive
ANNEX I - Row 4 b (new)
.Category Descrip- CPV Reference tion of Nos services (4b) Water 60600000-4, trans- 60620000-0, from port 60640000-6 to services 60651200-8, 60651600-2
2008/08/29
Committee: IMCO