Activities of Adina-Ioana VĂLEAN 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 (16)
Amendment 56 #
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate, balanced and flexible legal framework for the award of concessions would ensure effective and non- discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen.
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Concessions below the threshold value may be awarded by mutual agreement.
Amendment 65 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 5 000 000 for concessions lasting up to five years:
Amendment 67 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. This Directive shall apply to the following concessions, the value of which is equal to or greater than EUR 10 000 000 for concessions lasting more than five years: (a) concessions concluded by contracting entities for the pursuit of one of the activities referred to in Annex III; (b) concessions concluded by contracting authorities.
Amendment 70 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Services concessions lasting for up to five years the value of which is equal to or greater than EUR 2 500 000 but lower than EUR 5 000 000 other than social services and other specific services shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28. Services concessions lasting more than five years, the value of which is equal to or greater than EUR 5 000 000 but lower than EUR 10 000 000, other than social services and other specific services, shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28.
Amendment 83 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof, on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, or regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III.
Amendment 86 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. This Directive shall not apply to agreements through which the State or the contracting authority or entity awards an economic operator the right to exploit certain public domains or resources, when the State or contracting authority or entity establishes only general conditions for their use without becoming a beneficiary of the specific works or services provided by the economic operator.
Amendment 99 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 9100% 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 102 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 9100% 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 115 #
Proposal for a directive
Article 16
Article 16
The duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the initial and subsequent investments made in operating the works or services together with a reasonable return on invested capital.
Amendment 121 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
However, the choice between awarding a single concession and awarding a number of separate concessions mayshall not be made with the objective of excluding it from the scope of this Directive.
Amendment 123 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 1 – indent 2
Article 26 – paragraph 6 – subparagraph 1 – indent 2
– it is completely irrelevant to the concession, being incapable offailing to meeting the contracting authority or contracting entity's needrequirements as specified in the concession documents.
Amendment 125 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities and contracting entities shall indicate in the contract notice, in the invitation to submit tenders or in the concession documents a description of the concession, the award criteria and the minimum requirements to be met. This information must allow to identify the nature and scope of the concession, enabling economic operators to decide whether they request to participate in the concession award procedure. The description, award criteria and minimum requirements shall not be changed in the course of the negotiContracting authorities may, during the procedure but before tenders are received, adjust the minimum requirements and the award criteria without publishing a general correction, if the change has no impact on the tenderers. Contracting authorities should inform the tenderers concerned and should provide for a reasonable extension of the deadline for applications.
Amendment 128 #
Proposal for a directive
Article 35 – paragraph 5 – point e
Article 35 – paragraph 5 – point e
(e) they shall establish a written record of formal deliberations and any other steps and events relevant for the concession award procedure. In particular, it shall, in order to ensure, by all appropriate means, the traceability of the negotiations.
Amendment 132 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 136 #
Proposal for a directive
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social criteria, environmental characteristics and innovative character.