[ParlTrack]

Proposal for a directive
Recital 14 a (new)

(14a) It is also appropriate to exclude certain services and work concessions from a third country if the third country concerned apply certain restrictions to its domestic concession markets resulting in a lack of substantial reciprocity in terms of market openness between the EU and the third country concerned.

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Recital 33

(33) Concessions should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non-payment of taxes or social security contributions and other serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities and contracting entities should be given the possibility to exclude candidates or tenderers ~~for serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty or~~ where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same contracting authority or contracting entity.

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) compliance with social and environmental legislation.

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point e a (new)

(ea) other serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty;

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – point a

~~(a) where it is aware of any other serious violation of provisions of European Union or of national law aimed at the protection of public interests compatible with the Treaty;~~deleted

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 36 a (new)

Article 36 a Applications for concessions comprising products and services originating in third countries 1. This Article shall apply to services and work concessions covering products and services originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. This article shall also apply to services and work concessions covering products and services originating in third countries that fall within the scope of a market reservation by the EU in an international agreement. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries 2. Member states may provide that contracting authorities may require applicants at any stage of the procedure to provide information on the origin of the goods and services contained in the application for the concession and their value. Any economic operator may be excluded from the participation in a concession award where the value of the products and/or services originating in third countries - as determined according to the EU's rules of origin -exceeds 50% of the total value of products and services under the following conditions 3. Upon request of contracting authorities or contracting entities, the Commission shall assess whether to approve, for contracts of an estimated value equal or above EUR 5 millions exclusive of value- added-tax (VAT) the exclusion from participation in a concession award comprising goods or services originating in a country with which the Union has not concluded an international agreement in the field of public procurement including market access commitments or goods or services originating in a country with which the Union has concluded such an agreement, but in respect of which the agreement does not apply, exceeds 50% of the total value of the goods or services constituting the application for the concession. 4. The Commission shall adopt an implementing act under the examination procedure concerning the intended exclusion. When adopting these implementing acts, the Commission shall approve the intended exclusion under the following cases: (a) if the international agreement concerning market access in the field of public procurement between the Union and the country where the goods and/or services originate contains explicit market access reservations by the Union for the goods and/or services for which the exclusion is proposed; (b) where an agreement referred to in (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. For the purposes of point (b), a lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services. The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.

2012/10/02
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 39 – paragraph 4 – point d a (new)

(da) compliance with EU or international labour, social security and environmental law.

2012/10/02
Committee: INTA

7 Amendments of Gianluca SUSTA related to 2011/0437(COD)

ParlTrack - 2011-2024