Activities of Małgorzata HANDZLIK related to 2011/0439(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
Amendments (86)
Amendment 30 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Internal Market and international markets are increasingly interlinked, therefore EU values, such as transparency, a principled stance against corruption, principle of reciprocity and the advancement of social and human rights should be appropriately promoted in procurement policies.
Amendment 39 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversighcompetent body at their request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.
Amendment 40 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) a particular procedure of an international organisation, which has its affiliation in the Member State;
Amendment 43 #
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
For this purpose, contracting entities may seek or accept advice from administrative support structures or from independent third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non- discrimination and transparency.
Amendment 44 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Amendment 45 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
Amendment 46 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 57 #
Proposal for a directive
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. The contracting entity shall request economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
Amendment 58 #
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;
Amendment 59 #
Proposal for a directive
Article 79 – paragraph 1 – point a a (new)
Article 79 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
Amendment 60 #
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
(b) the price or cost charged is more than 20indicated in a tender is at least 15 % lower than the price or costs of the second lowest tender;
Amendment 61 #
Proposal for a directive
Article 79 – paragraph 1 – point c
Article 79 – paragraph 1 – point c
Amendment 167 #
Proposal for a directive
Recital 22
Recital 22
(22) This Directive should apply neither to contracts intended to permit the performance of an activity referred to in Articles 5 to 11 nor to design contests organised for the pursuit of such an activity if, in the Member State in which this activity is carried out, in all or in part, even in relation to single sectors or segments of it, it is directly exposed to competition on markets to which access is not limited. It is therefore appropriate to maintain the procedure, applicable to all sectors covered by this Directive that will enable the effects of current or future opening up to competition to be taken into account. Such a procedure should provide legal certainty for the entities concerned, as well as an appropriate decision-making process, ensuring, within short time limits, uniform application of Union law in this area.
Amendment 169 #
Proposal for a directive
Recital 23
Recital 23
(23) Direct exposure to competition should be assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned or of a part of it. This assessment is, however, limited by the applicable short deadlines and by having to be based on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 28 - which can not be supplemented by more time consuming methods, including notably public inquiries of economic operators concerned. The assessment of direct exposure to competition that can be carried out in the context of this directive is consequently without prejudice to the full-fledged application of competition law.
Amendment 171 #
Proposal for a directive
Recital 24
Recital 24
(24) The implementation and application of appropriate Union legislation opening a given sector, or a part of it, will be considered to provide sufficient grounds for assuming that there is free access to the market in question. Such appropriate legislation should be identified in an annex which can be updated by the Commission. It is appropriate that this annex should currently refer to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC27 , Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC28 and Directive 94/22/EC, Directive 94/22/EC and Directive 91/440/EC on the development of the Community's railways.
Amendment 200 #
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 206 #
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, 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 contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. 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 services32 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.
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
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 via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting entities from economic operators chosen by those contracting entities.
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 248 #
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions and engages in economic activities by offering goods and services on the market, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 263 #
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including productionresearch, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation; a meaningful manner.
Amendment 310 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
b) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;
Amendment 341 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 367 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 369 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 431 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Contracts intended to enable an activity mentioned in Articles 5 to 11 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 28 can demonstrate that, in the Member State in which it is performed, or in the related specific sectors or segments the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive. Such competition assessment, which will be made in the light of the information available to the Commission and for the purposes of this Directive, is without prejudice to the application of competition law.
Amendment 433 #
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
2. For the purposes of paragraph 1, the question of whether an activity is directly exposed to competition the relevant market, both in its product and geographic dimension, has to be defined. Definition of the relevant market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the Treaty; those may include the characteristics of the goods or services concerned which are regarded as substitutable both on the demand and the supply side – for instance as far as inter- modality in the transport sector is concerned-, the existence of alternative goods or services, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question.
Amendment 435 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the Member State has implemented and applied the Union legislation listed in Annex III, or if the Member State has extended to the concerned market the application of principles established by the mentioned legislation. If free access to a given market cannot be presumed on the basis of the first subparagraph, it must be demonstrated that access to the market in question is free de facto and de jure.
Amendment 436 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. Where a Member State or, where the legislation of the Member State concerned provides for it, a contracting entity considers that, on the basis of the criteria set out in Article 27(2) and (3), a given activity is completely or partially, even with regard to single sectors or segments of it, directly exposed to competition on markets to which access is not restricted, it may submit a request to establish that this Directive does not apply to the award of contracts or the organisation of desing contests for the pursuit of that activity or of a single sector or segment of it.
Amendment 438 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Requests shall be accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activity concerned. This position shall thoroughly analyse the conditions for the possible applicability of Article 27(1) to the activity concerned in accordance with its paragraphs 2 and 3 or of a single sector or segment of it.
Amendment 440 #
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Upon request submitted in accordance with paragraph 1 of this Article, the Commission may, by way of an implementing decision adopted within the periods set out in paragraph 4 of this Article, establish whether an activity, or of a single sector or segment of it, referred to in Articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing decisions shall be adopted in accordance with the advisory procedure referred to in Article 100(2) .
Amendment 442 #
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Contracts intended to enable the activity concerned, or of a single sector or segment of it, to be carried out and design contests that are organised for the pursuit of such an activity, or of a single sector or segment of it, shall cease to be subject to this Directive in any of the following cases:
Amendment 471 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
Amendment 481 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Amendment 516 #
Proposal for a directive
Article 44 – paragraph 1 – point c
Article 44 – paragraph 1 – point c
(c) where the aim of the procurement is the creation or obtention of a work of artn for artistic reasons the contract may be awarded only to a particular economic operator;
Amendment 525 #
Proposal for a directive
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeure, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;
Amendment 528 #
Proposal for a directive
Article 44 – paragraph 1 – point f a (new)
Article 44 – paragraph 1 – point f a (new)
(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
Amendment 533 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
A framework agreement means an agreement between one or more contracting entities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantities envisaged.
Amendment 534 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
Amendment 541 #
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 545 #
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 548 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 550 #
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 551 #
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 567 #
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. CMember States may stipulate that contracting entities may purchase works, supplies and/or services from or through a central purchasing body.
Amendment 568 #
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shallmay also provide for the possibility for contracting entauthorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.
Amendment 575 #
Proposal for a directive
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Without prejudice to Title I, Chapter III, Section 2, Subsection 2: Special relations, contracting entities from differentMember States may stipulate that contracting entities may award public contracts jointly with contracting entities from other Member States mayif: (a) the jointly award contracts by using one of the means described in this Articlof a public contract is justified due to cross-border nature of the contract or; (b) the public contract is co-financed by contracting authorities from different Member States or; (c) the public contract is of innovative nature.
Amendment 576 #
Proposal for a directive
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 577 #
Proposal for a directive
Article 52 – paragraph 3 – subparagraph 1 – introductory part
Article 52 – paragraph 3 – subparagraph 1 – introductory part
Amendment 579 #
Proposal for a directive
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 581 #
Proposal for a directive
Article 52 – paragraph 6
Article 52 – paragraph 6
Amendment 582 #
Proposal for a directive
Article 52 – paragraph 6 a (new)
Article 52 – paragraph 6 a (new)
6 a. Several contracting entities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 49 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.
Amendment 583 #
Proposal for a directive
Article 52 – paragraph 7
Article 52 – paragraph 7
7. OMember States may stipulate that one or more contracting entities may award individual contracts under a framework agreement concluded by or jointly with a contracting entity located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting entity or entities to award the individual contracts.
Amendment 584 #
Proposal for a directive
Article 52 – paragraph 9
Article 52 – paragraph 9
Amendment 651 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Contracts may be subdivided into homogenous or heterogeneous lots. Article 13 (7) applies.
Amendment 655 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
Amendment 659 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 680 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
Amendment 721 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The most economically advantageous tender referred to in point (a) of paragraph 1) from the point of view of the contracting entauthority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs, other criteria linked to the subject-matter of the public contract in question.
Amendment 725 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Amendment 729 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative characteraspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);
Amendment 735 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the wherever the quality of the staff is of crucial importance for the performance of the contract ,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 entity which must verify that replacements ensure equivalent organisation and quality;
Amendment 750 #
Proposal for a directive
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs,costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and
Amendment 755 #
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 759 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basisin close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 762 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Amendment 768 #
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, includingcovering among others environmental externalities has been made mandatory by dea legated acts pursuant to sector specific legislatislative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1).
Amendment 770 #
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2
Article 77 – paragraph 3 – subparagraph 2
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 98 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.
Amendment 778 #
Proposal for a directive
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. The contracting entity shall request economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
Amendment 781 #
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;
Amendment 784 #
Proposal for a directive
Article 79 – paragraph 1 – point a a (new)
Article 79 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
Amendment 787 #
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
(b) the price or cost charged is more thanindicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;,
Amendment 789 #
Proposal for a directive
Article 79 – paragraph 1 – point c
Article 79 – paragraph 1 – point c
Amendment 791 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanationsContracting entities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.
Amendment 802 #
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.
Amendment 838 #
Proposal for a directive
Article 81 – paragraph 2 a (new)
Article 81 – paragraph 2 a (new)
2a. Member States may decide that the contracting entity may exclude a subcontractor indicated by the tender if: (i) the subcontractor does not fulfil criteria for selection envisaged for a tender (ii)the subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of contract award criteria indicated in Article 76.
Amendment 870 #
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 884 #
Proposal for a directive
Article 83
Article 83
Amendment 908 #
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. Member States shall put in place appropriate procedurrules for the award of contracts subject to this Chapter, ensuring full compliance with thetaking into account principles of transparency and equal treatment of economic operators and allowing contracting entities to take into account. The rules shall take into consideration the specificities of the services in question.
Amendment 933 #
Proposal for a directive
Article 93
Article 93
Amendment 971 #
Proposal for a directive
Article 96
Article 96
Article 96deleted
Amendment 977 #
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 979 #
Proposal for a directive
Article 97 – paragraph 4
Article 97 – paragraph 4
Amendment 985 #
Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)
Annex 2 – paragraph 1 – point e a (new)
(ea) the procedures to allocate railway infrastructure capacity, railway licences or safety certifications in accordance with the Directives 95/18/EC, 2001/14/EC and 2004/49/EC.
Amendment 989 #
Proposal for a directive
Annex 3 – point D – paragraph 1
Annex 3 – point D – paragraph 1
Rail Freight transport
Amendment 991 #
Proposal for a directive
Annex 3 – point D – paragraph 3
Annex 3 – point D – paragraph 3