BETA

100 Amendments of Andreas SCHWAB related to 2011/0438(COD)

Amendment 196 #
Proposal for a directive
Recital 10 a (new)
(10a) On the other hand, service contracts in the fields of civil protection, emergency response and everyday hazard prevention should be excluded from the scope of the Directive. These fields include, in particular, emergency rescue work, which forms part of everyday hazard prevention and should be defined as separate from ambulance services. In order to ensure successful civil protection and emergency response as part of everyday hazard prevention in the interests of the general public, it should be sufficient to apply the principles of primary law.
2012/07/12
Committee: IMCO
Amendment 199 #
Proposal for a directive
Recital 10
(10) The results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation16 demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. As a result, the full application of this directive is extended to a number of services (such as hotel and legal services, which both showed a particularly high percentage of cross- border trade).deleted
2012/07/12
Committee: IMCO
Amendment 203 #
Proposal for a directive
Recital 11
(11) Other categories of services continue by their very nature to have a limited cross-border dimension, namely what are known as 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 be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union- wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee17 . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.deleted
2012/07/12
Committee: IMCO
Amendment 218 #
Proposal for a directive
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
2012/07/12
Committee: IMCO
Amendment 219 #
Proposal for a directive
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
2012/07/12
Committee: IMCO
Amendment 262 #
Proposal for a directive
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into acchoose ‘the most economically advantageous tender’. In duly substantiated exceptional cases, in particular involving highly standardised products, count that in the latter caseracting authorities should be able to apply the lowest price or the lowest cost as the sole criterion, taking into account that they are free to set adequate quality standards by using technical specifications or contract performance conditions.
2012/07/12
Committee: IMCO
Amendment 265 #
Proposal for a directive
Recital 38
(38) Where contracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
2012/07/12
Committee: IMCO
Amendment 327 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
2012/07/12
Committee: IMCO
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.
2012/07/12
Committee: IMCO
Amendment 393 #
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 500 000 for public contracts for social and other specific services listed in Annex XVI.deleted
2012/07/12
Committee: IMCO
Amendment 411 #
Proposal for a directive
Article 6 a (new)
Article 6a Arrangements for public service contracts Contracts which have as their object services listed in Annex XVI A shall be awarded in accordance with Articles 39 to 69. Contracts which have as their object services listed in Annex XVI B shall be subject solely to Article 40 and Article 48(1). Contracts which have as their object services listed both in Annex XVI A and in Annex XVI B shall be awarded in accordance with Articles 39 to 88 where the value of the services listed in Annex XVI A is greater than the value of the services listed in Annex XVI B. In other cases, contracts shall be awarded in accordance with Article 40 and Article 48(1).
2012/07/12
Committee: IMCO
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;
2012/07/12
Committee: IMCO
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
2012/07/12
Committee: IMCO
Amendment 444 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
2012/07/12
Committee: IMCO
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
2012/07/12
Committee: IMCO
Amendment 463 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried outthe legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;
2012/07/12
Committee: IMCO
Amendment 478 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
2012/07/12
Committee: IMCO
Amendment 489 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
A contracting authority 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 p(Does not affect English version.)
2012/07/12
Committee: IMCO
Amendment 495 #
Proposal for a directive
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.(Does not affect English version.)
2012/07/12
Committee: IMCO
Amendment 503 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
2012/07/12
Committee: IMCO
Amendment 511 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities ofthe legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person areessentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;
2012/07/12
Committee: IMCO
Amendment 523 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
2012/07/12
Committee: IMCO
Amendment 529 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
2012/07/12
Committee: IMCO
Amendment 542 #
Proposal for a directive
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
2012/07/12
Committee: IMCO
Amendment 549 #
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this includes subordinate ancillary services which are necessary in order to perform the services in the public interest;
2012/07/12
Committee: IMCO
Amendment 567 #
Proposal for a directive
Article 11 – paragraph 4 – point d
(d) the agreement does not essentially involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
2012/07/12
Committee: IMCO
Amendment 570 #
Proposal for a directive
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved, unless this is a legal requirement in the relevant Member States.
2012/07/12
Committee: IMCO
Amendment 577 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
TFollowing the entry into force of the Directive, the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures.
2012/07/12
Committee: IMCO
Amendment 607 #
Proposal for a directive
Article 18 – 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 48 and 53 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 tenders.
2012/07/12
Committee: IMCO
Amendment 622 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, atby the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article1st January 2017, at least 70 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article. In relation to the public procurement of Works contracts, Member States shall furthermore encourage the systematic use of digital three-dimensional representations following the general timescales for the implementation of electronic procurement set out in the first and second sub paragraphs.
2012/07/12
Committee: IMCO
Amendment 653 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
2012/07/12
Committee: IMCO
Amendment 657 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 658 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They mayshall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 675 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 676 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 858 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
CFor fully standardised supplies and services, contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/07/12
Committee: IMCO
Amendment 879 #
Proposal for a directive
Article 38 – paragraph 3 – subparagraph 2
When determining the applicable national law in accordance with point (a), contracting authorities mayshall choose the national provisions of any Member State in which at least one of the participating authorities is located.
2012/07/12
Committee: IMCO
Amendment 888 #
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
2012/07/12
Committee: IMCO
Amendment 976 #
Proposal for a directive
Article 43 – paragraph 1
1. Contracting authorities may authorise tTenderers tomay submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication along with a basic proposal.
2012/07/12
Committee: IMCO
Amendment 982 #
Proposal for a directive
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
2012/07/12
Committee: IMCO
Amendment 992 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
2012/07/12
Committee: IMCO
Amendment 1005 #
Proposal for a directive
Article 44 – paragraph 2
2. Contracting authorities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer, provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number.deleted
2012/07/12
Committee: IMCO
Amendment 1007 #
Proposal for a directive
Article 44 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/07/12
Committee: IMCO
Amendment 1015 #
Proposal for a directive
Article 44 – paragraph 4
4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted
2012/07/12
Committee: IMCO
Amendment 1019 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Not later than 148 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In case of an incomplete or incoherent contract award notice, the Commission will contact the Contracting Authority with the aim to receive completion or clarification of the contract award notice.
2012/07/12
Committee: IMCO
Amendment 1020 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1 a (new)
Not later than 48 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In the case of public contracts for services listed in Annex XVI B, the contracting authorities shall indicate in the notice whether they agree to its publication. For such services contracts the Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 91.
2012/07/12
Committee: IMCO
Amendment 1027 #
Proposal for a directive
Article 52 – paragraph 2
2. The invitations referred to in paragraph 1 shall include a reference to the electronic address onat which the specifications or the descriptive document and any other supporting documents have been made directly available by electronic meanare accessible to tenderers. In addition, they shall include the information set out in Annex X.
2012/07/12
Committee: IMCO
Amendment 1048 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner and the violation has been established by a competent court as res judicata.
2012/07/12
Committee: IMCO
Amendment 1058 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct; In the light of the serious legal consequences of exclusion from an award procedure - also in connection with the optional exclusion grounds - the wording is too vague. That is particularly so in view of the fact that, in the Commission draft, misconduct can be demonstrated ‘by any means’. The concept of “grave professional misconduct” is not defined objectively in the directive, while any decision to exclude an economic operator from a procurement procedure should be based on objective and measurable criteria and the discretion of the contracting authority should be limited. deleted Or. de Justification Justification
2012/07/12
Committee: IMCO
Amendment 1062 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority, whether deliberately or through negligence.
2012/07/12
Committee: IMCO
Amendment 1072 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractualmust prove that a final court judgment for deficient performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall bs been handed down against the economic operator or that the ecommunicated to the contnomic operactor in question, which shall be given the opportunity to object to the findings and to obtain judicial protectionhas issued a declaration of acknowledgement of deficient performance.
2012/07/12
Committee: IMCO
Amendment 1092 #
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 1
4. With regard to technical and professional ability, contracting authorities may require that economic operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality standard. Contracting authorities may conclude that economic operators will not perform the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract.
2012/07/12
Committee: IMCO
Amendment 1095 #
Proposal for a directive
Article 57 – paragraph 2 a (new)
2a. An extension may be granted for the submission of declarations and proof requested by the contracting authority which were not provided by the deadline for submitting tenders.
2012/07/12
Committee: IMCO
Amendment 1101 #
Proposal for a directive
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
2012/07/12
Committee: IMCO
Amendment 1104 #
Proposal for a directive
Article 59 – paragraph 4
4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six monthsone year earlier.
2012/07/12
Committee: IMCO
Amendment 1123 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
2012/07/12
Committee: IMCO
Amendment 1124 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:to the most economically advantageous tender.
2012/07/12
Committee: IMCO
Amendment 1128 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1129 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1135 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost.deleted
2012/07/12
Committee: IMCO
Amendment 1137 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost.deleted
2012/07/12
Committee: IMCO
Amendment 1145 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1146 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1152 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shallmay include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
2012/07/12
Committee: IMCO
Amendment 1179 #
Proposal for a directive
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;deleted
2012/07/12
Committee: IMCO
Amendment 1186 #
Proposal for a directive
Article 66 – paragraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in these processes and characterise the specific process of production or provision of the requested works, supplies or services.deleted
2012/07/12
Committee: IMCO
Amendment 1196 #
Proposal for a directive
Article 66 – paragraph 3
3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.deleted
2012/07/12
Committee: IMCO
Amendment 1200 #
Proposal for a directive
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility of effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.deleted
2012/07/12
Committee: IMCO
Amendment 1233 #
Proposal for a directive
Article 67 – paragraph 3
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1). A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.deleted
2012/07/12
Committee: IMCO
Amendment 1267 #
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
2012/07/12
Committee: IMCO
Amendment 1304 #
Proposal for a directive
Article 70
Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.deleted
2012/07/12
Committee: IMCO
Amendment 1328 #
Proposal for a directive
Article 71 – paragraph 2
2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.deleted
2012/07/12
Committee: IMCO
Amendment 1339 #
Proposal for a directive
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.
2012/07/12
Committee: IMCO
Amendment 1376 #
Proposal for a directive
Article 72 – paragraph 7 – point a
(a) where the modification would aim at remedying deficiencies in the performance of the contractor or the consequences, which can be remedied through the enforcement of contractual obligations;deleted
2012/07/12
Committee: IMCO
Amendment 1383 #
Proposal for a directive
Article 73 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure pursuant to Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.
2012/07/12
Committee: IMCO
Amendment 1390 #
Proposal for a directive
Article 74
Article 74 Award of contracts for social and other specific services Contracts for social and other specific services listed in Annex XVI shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d).deleted
2012/07/12
Committee: IMCO
Amendment 1398 #
Proposal for a directive
Article 75
Article 75 Publication of notices 1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice. 2. Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice. 3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.deleted
2012/07/12
Committee: IMCO
Amendment 1426 #
Proposal for a directive
Article 76
Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities 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. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted
2012/07/12
Committee: IMCO
Amendment 1445 #
Proposal for a directive
Title 3 a (new)
TITLE IIIa RULES ON PUBLIC WORKS CONCESSIONS [Further specific provisions will be added by means of compromise amendments at a later date]
2012/07/12
Committee: IMCO
Amendment 1446 #
Proposal for a directive
Title 3 b (new)
TITLE IIIb RULES ON PUBLIC SERVICES CONCESSIONS Article (...) Applicable rules The rules of this Directive on public works concessions also apply to services concessions.
2012/07/12
Committee: IMCO
Amendment 1466 #
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible forensure the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation.
2012/07/12
Committee: IMCO
Amendment 1474 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight bodycompetent authorities shall be responsible for the following tasks:
2012/07/12
Committee: IMCO
Amendment 1488 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Member States shall empower the oversight body to seize theThe competent authorities may seek from the court which has jurisdiction competent according to national law for thea review of contracting authorities' decisions where ithey hasve detected a violation in the course of itstheir monitoring and legal advising activity.
2012/07/12
Committee: IMCO
Amendment 1490 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 1
4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight bodycompetent authorities shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union.
2012/07/12
Committee: IMCO
Amendment 1491 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 2
The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission.deleted
2012/07/12
Committee: IMCO
Amendment 1492 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 3
The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions.deleted
2012/07/12
Committee: IMCO
Amendment 1493 #
Proposal for a directive
Article 84 – paragraph 5
5. The investigation and enforcement activities carried out by the oversight bodycompetent authorities to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty.
2012/07/12
Committee: IMCO
Amendment 1494 #
Proposal for a directive
Article 84 – paragraph 6
6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts.deleted
2012/07/12
Committee: IMCO
Amendment 1500 #
Proposal for a directive
Article 84 – paragraph 7
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. 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 the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. 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 information should be allowed to make it public.deleted
2012/07/12
Committee: IMCO
Amendment 1504 #
Proposal for a directive
Article 84 – paragraph 8
8. A summary of all the activities carried out by the oversight bodycompetent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.
2012/07/12
Committee: IMCO
Amendment 1524 #
Proposal for a directive
Article 86
[...]deleted
2012/07/12
Committee: IMCO
Amendment 1561 #
Proposal for a directive
Annex 6 – section 8
Part H INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) 1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, email and internet address of the contracting authority and, where different, of the service from which additional information may be obtained. 2. Where appropriate, email or internet address at which the specifications and any supporting documents will be available. 3. Type of contracting authority and main activity exercised. 4. Where appropriate, indication whether the contracting authority is a central purchasing body or that any other form of joint procurement is involved. 5. CPV Nomenclature reference No(s); where the contract is divided into lots, this information shall be provided for each lot. 6. NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case of supplies and services 7. Description of the services and where applicable, incidental works and supplies to be procured 8. Estimated total value of contract(s); where the contract is divided into lots, this information shall be provided for each lot. 9. Conditions for participation, including a) where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes, b) where appropriate, indication whether the execution of the service is reserved by law, regulation or provision to a particular profession. 10. Time limit(s) for contacting the contracting authority in view of participation. 11. Brief description of the main features of the award procedure to be applied. 12. Any other relevant information.deleted administrative
2012/07/12
Committee: IMCO
Amendment 1573 #
Proposal for a directive
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
2012/07/12
Committee: IMCO
Amendment 1574 #
Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
2012/07/12
Committee: IMCO
Amendment 1575 #
Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
2012/07/12
Committee: IMCO
Amendment 1576 #
Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
2012/07/12
Committee: IMCO
Amendment 1577 #
Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
2012/07/12
Committee: IMCO
Amendment 1578 #
Proposal for a directive
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 6 monthsone year.
2012/07/12
Committee: IMCO
Amendment 1584 #
Proposal for a directive
Annex 16
Annexe XVIThis annex is deleted
2012/07/12
Committee: IMCO
Amendment 1593 #
Proposal for a regulation
Annex 16 a (new)
Annex XVIa Annex XVIa - Part A Services referred to in Article 6a Category Subject CPC CPV Reference N° N° Reference No (1) 1 Maintenance and 6112, From 50100000-6 to repair services 6122, 633, 50884000-5 (except for 886 50310000-1 to 50324200-4 and 50116510-9, 50190000- 3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services 712 From 60100000-9 to (2), including armoured (except 60183000-4 (except car services, and 71235), 60160000- 7, 60161000- courier services, 7512, 4, 60220000-6), and except transport of mail 87304 from 64120000-3 to 64121200-2 3 Air transport services of 73 (except From 60410000-5 to passengers and freight, 7321) 60424120-3 (except except 60411000-2, 60421000- transport of mail 5), and 60500000-3, and from 60440000-4 to 60445000-9 4 Transport of mail by 71235, 60160000-7, 60161000- land (3) 7321 4 60411000-2, and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to services 64228200-2 72318000- 7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, (a) Insurance services 814 From 66100000-1 to (b) Banking and 66720000-3 (4) investment services (4) 7 Computer and related 84 From 50310000-1 to services 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410- 4 8 Research and 85 From 73000000-2 to development 73436000-7 (except services (5) 73200000-4, 73210000- 7, 73220000-0 ) 9 Accounting, auditing 862 and From 79210000-9 to bookkeeping services 79223000-3 10 Market research and From 79300000-7 to public 864 79330000-6, and opinion polling services 79342310-9, 79342311- 6 11 Management From 73200000-4 to consulting services (6) 865, 866 73220000-0 from and related services 79400000-8 to 79421200-3 and 79342000-3, 79342100- 4 79342300-6, 79342320-2 79342321- 9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 engineering services From 71000000-8 to and integrated 71900000-7 (except engineering services; 71550000- 8) and urban planning and 79994000-8 landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 From 70300000-4 to services and property to 70340000-6, and from management services 82206 90900000-6 to 90924000-0 15 Publishing and printing 88442 From 79800000-2 to services on a fee or 79824000-6, and from contract basis 79970000-6 to 79980000-7 16 Sewage and refuse 94 From 90400000-1 to disposal services; 90743200-9 (except sanitation and similar 90712200- 3), from services 90910000-9 to 90920000-2 and 50190000-3, 50229000- 6 50243000-0 ________________________________________ (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time. (3) Except for rail transport services covered by category 18. (4) Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services. Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (5) Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority. (6) Except arbitration and conciliation services Annex XVIa - Part B Services referred to in Article 6a Category Subject CPC CPV Reference N° N° Reference No (1) 17 Hotel and restaurant 64 From 55100000-1 to services 55524000-9, and from 98340000-8 to 98341100-6 18 Rail transport services 711 From 60200000-0 to 60220000-6 19 Water transport 72 From 60600000-4 to services 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 From 63000000-9 to auxiliary transport 63734000-3 (except services 63711200-8, 63712700- 0, 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 From 79600000-0 to and supply services (1) 79635000-4 (except 79611000-0, 79632000- 3, 79633000-0), and from 98500000-8 to 98514000-9 23 Investigation and 873 From 79700000-1 to security services, except (except 79723000-8 armoured car services 87304) 24 Education and 92 From 80100000-5 to vocational education 80660000-8 (except services 80533000- 9, 80533100- 0, 80533200-1) 25 Health and social 93 79611000-0, and from services 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to and sporting services 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000- 9, 92232000-6 ) 27 Other services (2) (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time.
2012/07/12
Committee: IMCO