6 Amendments of Vicente Miguel GARCÉS RAMÓN related to 2011/0437(COD)
Amendment 582 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
Article 15 – paragraph 1 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person , with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 595 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity, or entities, which is a contracting authority or contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 awards a concession to its controlling entity, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public concession, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 621 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 665 #
Proposal for a directive
Article 15 – paragraph 4 – point e
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involved, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or the controlled legal person present in their capacity as bodies governed by public law under Article 4(1)(1) present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 671 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
Amendment 677 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
The exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessionscumulative conditions which are listed are not fulfilled, with the effect that ongoing concessions, concluded after the entry into force of this Directive, need to be opened to competition through regular concession award procedures.