Activities of Małgorzata HANDZLIK related to 2011/0437(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts
Amendments (11)
Amendment 9 #
Proposal for a directive
Recital 16
Recital 16
(16) This Directive does not apply to the concession award carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to which extent it is appropriate to apply this Directive to concession award governed by specific international rules. Given that the internal market and international markets are increasingly closely interlinked, public procurement policy should be used as a means of promoting EU principles such as transparency, an uncompromising stance on corruption, the reciprocity rule and progress on social and human rights.
Amendment 12 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d
Article 8 – paragraph 3 – subparagraph 1 – point d
Amendment 13 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Amendment 14 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90%the essential part of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;
Amendment 16 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 90%the essential part of the activities of that legal person are 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 17 #
Proposal for a directive
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
Amendment 22 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The time limit for receipt of tendersapplications for the concession may be reduced by five days where the contracting entity accepts that tendersuch applications may be submitted by electronic means in conformity with Article 25.
Amendment 431 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraphaward of a concession shall impliy the transfer to the concessionaire of the substantial operating risk. The concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 576 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 615 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person are 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 893 #
Proposal for a directive
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. Member States may provide for the grantor to reject a subcontractor proposed by an economic operator in the event of: (i) the subcontractor failing to meet the conditions for participation in the procedure envisaged for the economic operator performing the contract; (ii) the subcontractor not having the capacities to perform part of the contract properly. The conditions for participation in the procedure and the capacities of the subcontractor to perform the contract shall be assessed in proportion to the part of the contract performed, on the basis of the selection criteria laid down in Article 36.