BETA

28 Amendments of Hans-Peter MAYER related to 2011/0438(COD)

Amendment 195 #
Proposal for a directive
Recital 10 a (new)
(10a) The Directive should not apply to the work of public office-holders, who are required by law to be independent and impartial. They should be selected in a way which cannot be based on the rules governing the award of public contracts.
2012/07/12
Committee: IMCO
Amendment 239 #
Proposal for a directive
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of twofour years.
2012/07/12
Committee: IMCO
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted
2012/07/12
Committee: IMCO
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
2012/07/12
Committee: IMCO
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 421 #
Proposal for a directive
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services and the work of public office-holders, who are required by law to be independent and impartial, particularly notaries;
2012/07/12
Committee: IMCO
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Only Articles 40, 41 and 48 of this Directive shall apply to public services contracts relating to the following: (a) supporting and auxiliary transport services; (b) legal advice; (c) building-cleaning services; (d) land transport, including cash transport and courier services; (e) investigation and security services.
2012/07/12
Committee: IMCO
Amendment 460 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
2012/07/12
Committee: IMCO
Amendment 508 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/07/12
Committee: IMCO
Amendment 607 #
Proposal for a directive
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
2012/07/12
Committee: IMCO
Amendment 621 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
2012/07/12
Committee: IMCO
Amendment 657 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 675 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 686 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4021 days from the date on which the contract notice was sent. That period may be extended to 40 days in particular exceptional cases.
2012/07/12
Committee: IMCO
Amendment 691 #
Proposal for a directive
Article 25 – paragraph 2
2. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 20 days, provided that both of the following conditions are fulfilled: (a) the prior information notice has included all the information required for the contract notice in section I of part B of Annex VI, insofar as that information is available at the time the prior information notice is published; (b) it was sent for publication between 45 days and 12 months before the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 694 #
Proposal for a directive
Article 25 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 20 days from the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 699 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3021 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
2012/07/12
Committee: IMCO
Amendment 704 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3521 days from the date on which the invitation to tender is sent.
2012/07/12
Committee: IMCO
Amendment 724 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The minimumA sufficient time limit for receipt of requests to participate shall be 30 daysset from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent; the minimum time limit for the receipt of tenders shall be 30 dayscalculated from the date on which the invitation is sent and shall be sufficiently long. Article 26 (3) to (6) shall apply.
2012/07/12
Committee: IMCO
Amendment 803 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
i) the absence of competition for technical or legal reasons;
2012/07/12
Committee: IMCO
Amendment 888 #
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
2012/07/12
Committee: IMCO
Amendment 1024 #
Proposal for a directive
Article 51 – paragraph 1
1. Contracting authorities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 49 or the date on which the invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which this documentation is accessible. Contracting authorities may make access subject to prior submission by an applicant of his name, address, other details or appropriate documents enabling the applicant’s identity to be clearly established.
2012/07/12
Committee: IMCO
Amendment 1095 #
Proposal for a directive
Article 57 – paragraph 2 a (new)
2a. An extension may be granted for the submission of declarations and proof requested by the contracting authority which were not provided by the deadline for submitting tenders.
2012/07/12
Committee: IMCO
Amendment 1129 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1146 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1200 #
Proposal for a directive
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility of effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.deleted
2012/07/12
Committee: IMCO
Amendment 1267 #
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
2012/07/12
Committee: IMCO
Amendment 1359 #
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2 a (new)
Neither shall the first subparagraph apply in the event of a change of contracting authority before the end of the contract.
2012/07/12
Committee: IMCO