2 Amendments of Jaromír KOHLÍČEK related to 2018/0111(COD)
Amendment 92 #
Proposal for a directive
Recital 21
Recital 21
(21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage). However, the above specified extension of the Directive´s scope should not apply to public undertakings without any exception. Therefore, public undertakings that operate on highly competitive markets (e.g. energy production, trading and sales), operators of essential services or public undertakings owned by companies whose shares were admitted to trading on a regulated market should be excluded from the scope of the Directive. _________________ 33 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) documents held by public undertakings, produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State; , documents held by public undertakings having industrial or commercial character, documents held by operators of essential services (1) or documents held by companies whose shares are admitted to trading on a regulated market situated or operating within a Member State (2)