BETA

Activities of Heide RÜHLE related to 2011/0437(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts PDF (1 MB) DOC (2 MB)
2016/11/22
Committee: IMCO
Dossiers: 2011/0437(COD)
Documents: PDF(1 MB) DOC(2 MB)

Amendments (224)

Amendment 2 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
2012/10/19
Committee: REGI
Amendment 7 #
Proposal for a directive
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
2012/10/19
Committee: REGI
Amendment 13 #
Proposal for a directive
Recital 13 a (new)
(See Opinion of Committee of Regions on the Award of Concession Contracts (ECOS-V-030(13a) In line with Article 14 and Protocol 26 TFEU, Member States and local and regional authorities enjoy full freedom to carry out public service tasks using their own internal resources. They may carry out public service tasks in cooperation with other public authorities or groups of public authorities, via contractual or institutional task-sharing, in accordance with the internal organisation of the Member States. These types of cooperation do not fall within the scope of EU legislation on public procurement and concessions. EU law does not require public authorities to use a particular legal form in order to jointly undertake their public service tasks. The transfer of competences between public authorities is an issue of internal organisation and therefore does not fall under the scope of this legislation. Or. en July 2012)
2012/10/19
Committee: REGI
Amendment 20 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
2b. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this directive.
2012/10/19
Committee: REGI
Amendment 21 #
Proposal for a directive
Article 1 – paragraph 2 c (new)
2c. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
2012/10/19
Committee: REGI
Amendment 22 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with paymentexercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
2012/10/19
Committee: REGI
Amendment 24 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the substantial operating riskshall imply the transfer to the concessionaire of the economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
2012/10/19
Committee: REGI
Amendment 31 #
Proposal for a directive
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, 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 aAnnex III., where such concessions are:
2012/10/19
Committee: REGI
Amendment 32 #
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
(a) awarded by a contracting authority or by a contracting entity to an economic operator on the basis of an exclusive right that the latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation,
2012/10/19
Committee: REGI
Amendment 33 #
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
2012/10/19
Committee: REGI
Amendment 34 #
Proposal for a directive
Article 8 – paragraph 2
2. By way of derogation from paragraph 1 of this Article, where sectoral legislation referred to in paragraph 1 of this Article does not provide for sector specific transparency obligations, the requirements of Article 27 (1) and (3) shall applydeleted
2012/10/19
Committee: REGI
Amendment 39 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF), as well as operations to raise money or capital for the contracting authority;
2012/10/19
Committee: REGI
Amendment 42 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
2012/10/19
Committee: REGI
Amendment 43 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of to the extent that they are governed by other Council.19mmunity instruments.
2012/10/19
Committee: REGI
Amendment 44 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
2012/10/19
Committee: REGI
Amendment 45 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management;
2012/10/19
Committee: REGI
Amendment 46 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services;
2012/10/19
Committee: REGI
Amendment 47 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
2012/10/19
Committee: REGI
Amendment 240 #
Proposal for a directive
-
The European Parliament rejects the Commission proposal.
2012/10/23
Committee: IMCO
Amendment 244 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
2012/10/23
Committee: IMCO
Amendment 245 #
Proposal for a directive
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 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.deleted
2012/10/23
Committee: IMCO
Amendment 249 #
Proposal for a directive
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. The award of works concessions is presently subject to basic rules of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
2012/10/23
Committee: IMCO
Amendment 252 #
Proposal for a directive
Recital 3
(3) This Directive recognises and reaffirms the right of Member States to determine the means of organisation they judge to be most appropriate for performing the works and providing the services for which they are responsible. This Directive should not in any way affect the freedom of Member States or public authorities to decide on the direct provision ofperform works or provide services to the public or ton the outsourcing ofe such provision by delegating it to third parties. Member States orand public authorities shouldall remtain freethe right to define and specify the characteristics of the services to be provided, including any conditions regarding the quality or price of the services, in order to pursue their public policy objectives
2012/10/23
Committee: IMCO
Amendment 264 #
Proposal for a directive
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and of 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
2012/10/23
Committee: IMCO
Amendment 273 #
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their objectthrough which one or more contracting authorities or entities (herein after referred to as 'grantor') award the performance of works or the management of services for which they acquisition of works or services where the consideration consists, normally,re responsible to one or more economic operators, and where the consideration for this delegation consists either in the right to exploitecute and manage the works or provide the services thatwhich are the subject of the contract, or in that right together with payment. The execution of these works or services arshall be subject to specific binding obligations defined by the contracting authority or entitygrantor which are legally enforceable. By contrast, certain State acts, such as authorisations, permits or licences, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualifybe regarded as concessions. The same applies to certain agreements having as their object the right ofentitlement to offer social services or the right to conclude agreements by means of which the State or the contracting authority or entity grants an economic operator the right to exploit certain public domains or resources, such as landin rental or lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or serviceson single pieces of land, particularly in the area of maritime or inland port sector, or in rights of way, and which as a rule establishes only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
2012/10/23
Committee: IMCO
Amendment 276 #
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant, including penalties.
2012/10/23
Committee: IMCO
Amendment 282 #
Proposal for a directive
Recital 7
(7) Difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the Court of Justice of the European Union on this subject. Therefore, the definition of concession should be clarified, in particular by referring to the concept of substantial operating risk. The main feature of a concession, the right to exploit the works or services, always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions. The application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss, by guaranteeing a minimal revenue, equal or higher to the costs that the contractor has to incur in relation with the performance of the contract. At the same time it should be made clear that. However certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupment of the investments and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset.
2012/10/23
Committee: IMCO
Amendment 286 #
Proposal for a directive
Recital 8
(8) Where sector specific regulation provides for a guarantee to the concessionaire on breaking even on investments and costs incurred for operating the contract, such contract should not qualify as a concession within the meaning of this Directive. However this has to be distinguished from those cases where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, in which cases such conditions do not preclude a qualification as a concession. Or. en (see ECJ ruling Case C-206/08)
2012/10/23
Committee: IMCO
Amendment 290 #
Proposal for a directive
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1) (1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas5 , Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity6 , Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service7 , Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons8 and Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/709 . The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under this Directivethese provisions only to the extent that they exercise one of the activities covered on the basis of such rights.
2012/10/23
Committee: IMCO
Amendment 295 #
Proposal for a directive
Recital 10
(10) It has also proven necessary to clarify what should be understood as a single procurement, with the effect that the aggregate value of allThis directive should only apply to concessions concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this Directive, and that the procurement should be advertised as a whole, possibly split into lots. The concept of single procurement encompasses all supplies, works and servicestracts above a certain threshold. Consequently, the method of calculating the estimated value of a concession neededs to carry out a particular project. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinkbe defined, and should be identical for works and service concessions, as most contracts are mixed.
2012/10/23
Committee: IMCO
Amendment 297 #
Proposal for a directive
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered toEntities covered by this directive should be identified on a basis other than their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
2012/10/23
Committee: IMCO
Amendment 304 #
Proposal for a directive
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law, regulation or administrative act 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, since such exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in article 8 (1)concerning the management of network infrastructure relating to the activities set out in Annex III should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
2012/10/23
Committee: IMCO
Amendment 309 #
Proposal for a directive
Recital 13 a (new)
(See Opinion of Committee of Regions on the Award of Concession Contracts (ECOS-V-030(13a) In line with Article 14 and Protocol 26 TFEU, Member States and local and regional authorities enjoy full freedom to carry out public service tasks using their own internal resources. They may carry out public service tasks in cooperation with other public authorities or groups of public authorities, via contractual or institutional task-sharing, in accordance with the internal organisation of the Member States. These types of cooperation do not fall within the scope of Union legislation on public procurement and concessions. Union law does not require public authorities to use a particular legal form in order to jointly undertake their public service tasks. The transfer of competences between public authorities is an issue of internal organisation and therefore does not fall under the scope of this legislation. Or. en July 2012)
2012/10/23
Committee: IMCO
Amendment 312 #
Proposal for a directive
Recital 14
(14) It is appropriate to exclude certain service and works concessions awarded to an undertakings affiliated to contracting entities, having as its principal activity the provision of such services or works to the group of which it is part, rather than offering them on the market. It is also appropriate to exclude certain service and works concessions awarded by a contracting entity to a joint venture which is formed by a number of contracting entities for the purpose of carrying out activities covered by this Directive and of which that entity is part. However, it is appropriate to ensure that this exclusion does not give rise to distortions of competition to the benefit of the undertakings or joint ventures that are affiliated with the contracting entities; it is appropriate to provide a suitable set of rules, in particular as regards the maximum limits within which the undertakings may obtain a part of their turnover from the market and above which they would lose the possibility of being awarded concessions without calls for competition, the composition of joint ventures and the stability of links between those joint ventures and the contracting entities of which they are composed.deleted
2012/10/23
Committee: IMCO
Amendment 317 #
Proposal for a directive
Recital 17
(17) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules. The relevant case-law of the Court of Justice of the European Union is interpreted differently between Member States and even between contracting authorities or certain contracting entities. It is therefore necessary to clarify in what casesis Directive is based on the relevant case-law of the Court of Justice of the European Union It clarifies in line with this case-law under which conditions the award of concessions concluded between suchpublic authorities areis not subject to the application of public concession award rulesscope of this Directive. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under Art. 4 (1) (1) does not as such rule out the application of concession award rules. However, the application of concession award rules shouldmust not interfere with the freedomright of public authorities to decide how to organise the way they carry out their public service tasks. CThe award of concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this Directive are fulfilled. This Directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionis Directive if the conditions are fulfilled.
2012/10/23
Committee: IMCO
Amendment 320 #
Proposal for a directive
Recital 18
(18) In order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authoritiesthreshold, the award of such contracts should be preceded by the compulsory publication of a concession notice in the Official Journal of the European Union. The thresholds should reflect the clear cross-border interest of concessions to economic operators located in other Member States. To calculate the value of a services concession, account must be taken of the estimated value of all services to be provided by the concessionaire from the point of view of a potential tenderer.
2012/10/23
Committee: IMCO
Amendment 321 #
Proposal for a directive
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception shoulclearly defined areas and be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly or where the subject of the concession concerns specific services with a minimal cross- border impact.
2012/10/23
Committee: IMCO
Amendment 327 #
Proposal for a directive
Recital 20
(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted
2012/10/23
Committee: IMCO
Amendment 334 #
Proposal for a directive
Recital 21
(21) In the light of the results of the evaluation conducted by the Commission on the reform of public procurement rules it is appropriate to exclude from the full application of this Directive only those services which have a limited cross-border dimension, namely the so-called services to the person such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specificlighter regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated. An obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this Directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties. Furthermore, Member States . An obligation to publish a concession award notice of the award of those concessions which are above the threshould put in place appropriate measures with reference to the award of concession contracts for these services aimed atis an adequate way to ensuringe compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question. Member States should ensure that contracting authorities and contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
2012/10/23
Committee: IMCO
Amendment 341 #
Proposal for a directive
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should be giall haven wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and compliances with the principles of transparency and non- discrimination.
2012/10/23
Committee: IMCO
Amendment 347 #
Proposal for a directive
Recital 24
(24) The choice and application of proportional, non-discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions. In particular, the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises. Therefore, it is appropriate to provide that the selection criteria should relate exclusively to the technical, financial and economic capacity of operators, should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities, regardless of the legal nature of its links with those entities, if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources.deleted
2012/10/23
Committee: IMCO
Amendment 350 #
Proposal for a directive
Recital 25
(25) In order to ensure transparency and equal treatment, criteria for the award of concessions should always comply with some general standards. These should be disclosed in advance to all potential tenderers, be relatlinked to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice. They should ensure the possibility of effective competition and be accompanied by minimum requirements that allow the information provided by the tenderers to be effectively verified. In order to comply with these standards while improving legal certainty, Member States may provide for the use of the criterion of the most economically advantageous tender.
2012/10/23
Committee: IMCO
Amendment 354 #
Proposal for a directive
Recital 26
(26) Where contracting authorities and contracting entities choose to award a concession to the most economically advantageous tender, they should determine the economic and quality criteria on the basis of which they assess the tenders in order to identify which one offers the best value for money. The determination of thosese criteria depends on the object of the concession since they should allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the concession, as defined in the technical specifications and the value for money of each tender to be measured.deleted
2012/10/23
Committee: IMCO
Amendment 355 #
Proposal for a directive
Recital 28
(28) The technical specifications drawn up by contracting authorities and contracting entities need to allow concession award to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements should be considered by contracting authorities or contracting entities. To demonstrate equivalence, tenderers can be required to provide third-party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits.deleted
2012/10/23
Committee: IMCO
Amendment 357 #
Proposal for a directive
Recital 29
(29) [...]deleted
2012/10/23
Committee: IMCO
Amendment 360 #
Proposal for a directive
Recital 30
(30) Electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of concession award processes. They should become the standard means of communication and information exchange in concession award procedures. The use of electronic means also leads to time savings. As a result, provision should be made for reducing the minimum periods where electronic means are used, subject, however, to the condition that they are compatible with the specific mode of transmission envisaged at Union level. Moreover, electronic means of information and communication including adequate functionalities can enable contracting authorities and contracting entities to prevent, detect and correct errors that occur during procurement procedures.deleted
2012/10/23
Committee: IMCO
Amendment 361 #
Proposal for a directive
Recital 31
(31) Contracting authorities and contracting entities from different Member States may be interested in cooperating and in awarding jointly public concessions in order to take the best benefit of internal market potential in terms of economies of scale and risk- benefit sharing, notably for innovative projects involving a greater amount of risk than reasonably supportable by a single contracting authority or contracting entity. Therefore new rules on cross-border joint concession award designating the applicable law should be established in order to facilitate setting up cross-border joint public concession award. In addition, contracting authorities and contracting entities from different Member States may set up joint legal bodies established under national or Union law. Specific rules should be established for such form of joint concession award.deleted
2012/10/23
Committee: IMCO
Amendment 371 #
Proposal for a directive
Recital 36
(36) In line with the principles of equal treatment and transparency, the successful tenderer should not be replaced by another economic operator without reopening the concession to competition. However, the successful tenderer performing the concession may undergo certain structural changes during the performance of the concession, such as purely internal reorganisations, mergers and acquisitions or insolvency or be substituted on the basis of a contractual clause known to all tenderers and in line with the principles of equal treatment and transparency. Such structural changes should not automatically require new award procedures for all concessions performed by that undertaking.
2012/10/23
Committee: IMCO
Amendment 375 #
Proposal for a directive
Recital 39
(39) In order to ensure adequate judicial protection of candidates and tenderers in the concession award procedures, as well as to make effective the enforcement of the rules of this Directive and of the Treaty principles, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors13 should also apply to services concessions and to works concessions awarded by both contracting authorities and contracting entities. Directives 89/665/EEC and 92/13/EEC should, therefore, be amended accordingly.deleted
2012/10/23
Committee: IMCO
Amendment 378 #
Proposal for a directive
Recital 41
(41) The law of the Union on public procurment requires Member States to consistently and systematically monitor the implementation and functioning of those rules in order to ensure the efficient and uniform application of Union law. Hence, where Member States designate a single national authority in charge of monitoring, implementation and control of public procurement, that authority may have the same responsibilities regarding concessions. A single body with overarching tasks should ensure an overview of main difficulties in implementation and suggest appropriate remedies to more structural problems. That body may also provide immediate feedback on the functioning of policy and potential weaknesses in national legislation and practice, thus contributing to the quick identification of solutions and the improvement of concession award procedures.deleted
2012/10/23
Committee: IMCO
Amendment 380 #
Proposal for a directive
Rule 1
1. This Directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect to concessions whose value is estimated to be not less than the thresholds laid down in Article 5. 2. This Directive applies to the acquisition of works or services, including supplies which are incidental to the subject matter of a concession, from economic operators chosen by either, by one of the following actors: a) Contracting authorities whether or not the works or services including the related supplies, are intended for a public purpose; b) Contracting entities provided that the works or services including the related supplies, are intended for the pursuit of one of the activities referred to in Annex III.
2012/10/23
Committee: IMCO
Amendment 387 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this Directive.
2012/10/23
Committee: IMCO
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
2b. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
2012/10/23
Committee: IMCO
Amendment 402 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) a ‘public 'works concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of worky means of which one or more contracting authorities or entities entrusts the execution of works to one or more economic operators, where the consideration for the the works to be carried outis delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.
2012/10/23
Committee: IMCO
Amendment 409 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘works concession’ means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting entities and having as their object the execution of works, where the consideration for the the works to be carried out consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment;deleted
2012/10/23
Committee: IMCO
Amendment 412 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) ‘execution of works’ means the execution, or both the design and execution, of works related to one of the activities referred to in Annex I or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authoritygrantor exercising a decisive influence on the type or design of the work.
2012/10/23
Committee: IMCO
Amendment 414 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment. exercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
2012/10/23
Committee: IMCO
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
(13) 'concession documents' means all documents produced or referred to by the contracting authority or contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the technical specifications, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documentsconcession contract.
2012/10/23
Committee: IMCO
Amendment 427 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
(14a) 'pecuniary interest' exists if mutually binding obligations, where the execution of these works or services are subject to specific requirements defined by the contracting authority or entity, are legally enforceable.
2012/10/23
Committee: IMCO
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall impliy the transfer to the concessionaire of the substantial operating riskeconomic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
2012/10/23
Committee: IMCO
Amendment 432 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
That economic risk may consist in either of the following: (a) the risk related to the use of the works or the demand for the provision of the service; or (b) the risk related to the availability of the infrastructure provided by the concessionaire or used for the provision of services to users.deleted
2012/10/23
Committee: IMCO
Amendment 438 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute ‘special or exclusive rights’ within the meaning of this Directive. Such procedure includes: (a) procurement procedures with a prior call for competition in conformity with Directive [2004/18/EC or 2004/17/EC] or this Directive (b) procedures pursuant to other legislative acts of the Union, listed in Annex XI, ensuring adequate prior transparency for granting authorisations on the basis of objective criteria.deleted
2012/10/23
Committee: IMCO
Amendment 440 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 3
The Commission shall be empowered to adopt delegated acts in accordance with Article 46 to modify the list of the Union legislative acts set out in Annex XI where, due to the adoption of new Union legislation or repeal of Union legislation, such modification proves necessary.
2012/10/23
Committee: IMCO
Amendment 441 #
Proposal for a directive
Rule 5
Rule 5 Thresholds 1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 5 000 000: (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. 2. Services concessions 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.deleted
2012/10/23
Committee: IMCO
Amendment 451 #
Proposal for a directive
Article 6 – title
MThresholds and methods for calculating the estimated value of concessions
2012/10/23
Committee: IMCO
Amendment 452 #
Proposal for a directive
Article 6 – paragraph 1
1. The calculation of the estimated value of a concession shall be based on the total amount payable, net of VAT, as estimated by the contracting authority or the contracting entity, including any form of option and any extension of the duration of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 456 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. This Directive shall apply to the concessions the value of which is equal to or greater than EUR 8 000 000
2012/10/23
Committee: IMCO
Amendment 457 #
Proposal for a directive
Article 6 – paragraph 2
2. The estimated value of a concession shall be calculated as the value of an entirety of works or services, even if purchased through different contracts, where the contracts are part of one single project. Indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked. Where the contracting authority or the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 459 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. For the purposes of assessing the threshold, the estimated value of the concession shall be equal to the cumulative estimated revenue, excluding tax, over the time of the contract. The method for calculating the estimated value of a concession shall be specified in the concession documents.
2012/10/23
Committee: IMCO
Amendment 461 #
Proposal for a directive
Article 6 – paragraph 3
3. The choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasons.
2012/10/23
Committee: IMCO
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 4
4. This estimate shall be valid at the moment at which the concession notice is sent, or, in cases where such notice is not foreseen, at the moment at which the contracting authority or the contracting entity commences the concession award procedure, in particular by defining the essential characteristics of the intended concession.deleted
2012/10/23
Committee: IMCO
Amendment 463 #
Proposal for a directive
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works.deleted
2012/10/23
Committee: IMCO
Amendment 469 #
Proposal for a directive
Article 6 – paragraph 6
6. Where a proposed work or purchase of services may result in concessions being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots.deleted
2012/10/23
Committee: IMCO
Amendment 473 #
Proposal for a directive
Article 6 – paragraph 7
7. Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 5, this Directive shall apply to the awarding of each lot.deleted
2012/10/23
Committee: IMCO
Amendment 476 #
Proposal for a directive
Article 6 – paragraph 8
8. Contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 1 million. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 20% of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been divided.deleted
2012/10/23
Committee: IMCO
Amendment 478 #
Proposal for a directive
Article 6 – paragraph 9
9. The value of services concessions shall be the estimated total value of services to be provided by the concessionaire during the whole duration of the concession, calculated in accordance with an objective methodology which shall be specified in the concession notice or in the concession documents. The basis for calculating the estimated concession value shall, where appropriate, be the following: (a) for insurance services: the premium payable and other forms of remuneration; (b) for banking and other financial services: fees, commissions, interest and other forms of remuneration; (c) for design services: fees, commission payable and other forms of remuneration;deleted
2012/10/23
Committee: IMCO
Amendment 480 #
Proposal for a directive
Article 6 – paragraph 10
10. The value of concessions shall include both the estimated revenue to be received from third parties and the amounts to be paid by the contracting authority or the contracting entity.deleted
2012/10/23
Committee: IMCO
Amendment 483 #
Proposal for a directive
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, 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 aAnnex III., where such concessions are:
2012/10/23
Committee: IMCO
Amendment 491 #
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
(a) awarded by a contracting authority or by a contracting entity to an economic operator on the basis of an exclusive right that the latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation,
2012/10/23
Committee: IMCO
Amendment 492 #
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
2012/10/23
Committee: IMCO
Amendment 493 #
Proposal for a directive
Article 8 – paragraph 2
2. By way of derogation from paragraph 1 of this Article, where sectoral legislation referred to in paragraph 1 of this Article does not provide for sector specific transparency obligations, the requirements of Article 27 (1) and (3) shall applydeleted
2012/10/23
Committee: IMCO
Amendment 494 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
This Directive shall not apply to concessions which the contracting authority or a contracting entity is obliged to award or organise in accordance with procedurement procedures for the award of services concessions contracts set out in:
2012/10/23
Committee: IMCO
Amendment 495 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatory States;
2012/10/23
Committee: IMCO
Amendment 496 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
All agreements referred to in point (a) of the first subparagraph shall be communicated to the Commission, which may consult the Advisory Committee for Public Contracts referred to in Article 48.deleted
2012/10/23
Committee: IMCO
Amendment 497 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
For the purposes of point (d) of the first subparagraph, where a concession is co- financed for a considerable part by an international organisation or international financing institution the parties decide on applicable concession award procedures which shall be in conformity with the provisions of the Treaty on the Functioning of the European Union.deleted
2012/10/23
Committee: IMCO
Amendment 500 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
(a) the acquisition or, rental or lease , by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; however financial service concessions awarded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;
2012/10/23
Committee: IMCO
Amendment 503 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
(b) the acquisition, development, production or co-production of programme material intended for broadcasting, defined as transmission and distribution using any form of electronic network, that are awarded by broadcasterand related preparatory services intended for media services, nor to concessioncontracts for broadcasting time, that are awarded to broadcastersor distribution and transmission;
2012/10/23
Committee: IMCO
Amendment 511 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF), as well as operations to raise money or capital for the contracting authority;
2012/10/23
Committee: IMCO
Amendment 515 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
2012/10/23
Committee: IMCO
Amendment 517 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of the Council.19to the extent that they are governed by other Union instruments.
2012/10/23
Committee: IMCO
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
2012/10/23
Committee: IMCO
Amendment 524 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management.
2012/10/23
Committee: IMCO
Amendment 528 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services
2012/10/23
Committee: IMCO
Amendment 530 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
2012/10/23
Committee: IMCO
Amendment 531 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
The broadcasting referred to in point (b) of the first paragraph shall include any transmission and distribution using any form of electronic network.deleted
2012/10/23
Committee: IMCO
Amendment 537 #
Proposal for a directive
Article 9 – paragraph 2
For the purposes of this Article: (a) ‘public communications network’ means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points; (b) 'electronic communications network' means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed ; (c) a ‘network termination point’ (NTP) means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to a subscriber number or name; (d) ‘electronic communications services’ means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, but exclude services providing, or exercising editorial control over, content transmitted using electronic communications networks and services; it does not include information society services, as defined in Article 1 of Directive 98/34/EC, which do not consist wholly or mainly in the conveyance of signals on electronic communications networks.deleted
2012/10/23
Committee: IMCO
Amendment 538 #
Proposal for a directive
Article 10
Article 10 Exclusions applicable to concessions awarded by contracting entities 1. This Directive shall not apply to concessions awarded by contracting entities for purposes other than the pursuit of their activities as described in Annex III or for the pursuit of such activities in a third country, in conditions not involving the physical use of a network or geographical area within the Union. 2. Contracting entities shall notify the Commission or the national oversight body at their request of any activities which they regard as excluded. The Commission may periodically publish in the Official Journal of the European Union for information purposes, lists of the categories of activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information.deleted
2012/10/23
Committee: IMCO
Amendment 543 #
Proposal for a directive
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to services in general for the preceding three years subject of the service concession contract derives from the provision of services to undertakings with which it is affiliated;
2012/10/23
Committee: IMCO
Amendment 545 #
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to works in general for the preceding three years subject of the works concession contract derives from the provision of works to undertakings with which it is affiliated.
2012/10/23
Committee: IMCO
Amendment 548 #
Proposal for a directive
Article 11 – paragraph 6
6. Where more than one undertaking affiliated with the contracting entity provides the same or similar services, supplies or works, the above percentages referred to in paragraph 4 shall be calculated taking into account the total turnover deriving respectively from the provision of services, supplies or works by those affiliated undertakings.deleted
2012/10/23
Committee: IMCO
Amendment 549 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 15 notwithstanding, and provided that the joint venture or formal cooperation has been set up in order to carry out the activity concerned over a period of at least threone years and that the instrument setting up the joint venture or the formal cooperation stipulates that the contracting or cooperating entities, which form it, will be part thereof for at least the same period, this Directive shall not apply to concessions awarded by any of the following:
2012/10/23
Committee: IMCO
Amendment 550 #
Proposal for a directive
Article 12 – paragraph 1 – point a
(a) by a joint venture or a formal cooperation, formed exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Annex III, to one of these contracting entities, or
2012/10/23
Committee: IMCO
Amendment 552 #
Proposal for a directive
Article 12 – paragraph 1 – point b
(b) by a contractingn entity to such a joint venture or formal cooperation of which it forms part. .
2012/10/23
Committee: IMCO
Amendment 555 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Contracting entities shall notify to the Commission or the national oversight bodycompetent national authorities, at their request, the following information regarding the application of paragraphs 2 and 3 of Article 11 and of Article 12.
2012/10/23
Committee: IMCO
Amendment 557 #
Proposal for a directive
Article 13 – paragraph 1 – point c
(c) proof deemed necessary by the Commission or the national oversight body that the relationship between the undertaking or joint venture to which the concessions are awarded and the contracting entity complies with the requirements of Articles 11 or 12.deleted
2012/10/23
Committee: IMCO
Amendment 561 #
Proposal for a directive
Article 15 – title
RelCooperations between publiccontracting authorities
2012/10/23
Committee: IMCO
Amendment 563 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
a) such an authority or entity exercises over the legal person concerned a control which is similarequivalent to that which it exercises over its own departments
2012/10/23
Committee: IMCO
Amendment 568 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
b) at least 9080 % of the activities of that legal person which are the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
2012/10/23
Committee: IMCO
Amendment 580 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person with the exception of legally enforced forms of private participation.
2012/10/23
Committee: IMCO
Amendment 586 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
A contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 592 #
Proposal for a directive
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity 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 or contracting entity, provided that there is no private participation in the legal person being awarded the public concession, with the exception of legally enforced forms of private participation.
2012/10/23
Committee: IMCO
Amendment 602 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similarequivalent to that which it exercises over its own departments.
2012/10/23
Committee: IMCO
Amendment 608 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
b) at least 9080 % of the activities of that legal person which are the subject of the concession 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;
2012/10/23
Committee: IMCO
Amendment 619 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person with the exception of legally enforced forms of private participation.
2012/10/23
Committee: IMCO
Amendment 624 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4; (b) those contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4 are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/10/23
Committee: IMCO
Amendment 634 #
Proposal for a directive
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;deleted
2012/10/23
Committee: IMCO
Amendment 645 #
Proposal for a directive
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest, this may include as well the provision of an ancillary task necessary to perform the respective service;
2012/10/23
Committee: IMCO
Amendment 650 #
Proposal for a directive
Article 15 – paragraph 4 – point c
(c) the participating contracting authorities or entities shall do not perform on the open market more than 10% in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/10/23
Committee: IMCO
Amendment 657 #
Proposal for a directive
Article 15 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities or entities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/10/23
Committee: IMCO
Amendment 663 #
Proposal for a directive
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 legally enforced forms of private participation.
2012/10/23
Committee: IMCO
Amendment 669 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement.deleted
2012/10/23
Committee: IMCO
Amendment 673 #
Proposal for a directive
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 concessions need to be opened to competition through regular concession award procedures.deleted
2012/10/23
Committee: IMCO
Amendment 680 #
Proposal for a directive
Article 16 – paragraph 1
The duration of the concessions shall be limited to the time estimated to be necessary for. The grantor shall estimate the duration on the basis of the works or services requested. When the cost of investments must be met by the concessionaire, to recoup the investments made in operating the works or services together with a reasonable return on invested capitalhe duration of a concession shall reflect the nature and amount of the investments involved, both initial and further investments during the life of the concession, and should take into consideration the normal amortisation period.
2012/10/23
Committee: IMCO
Amendment 688 #
Proposal for a directive
Article 17 – paragraph 1
Concessions for social and other specific services listed in Annex X falling within the scope of this Directive shall be subject only to the obligation of paragraph 3 of Art. 26 and of paragraph 1 of Article 27.
2012/10/23
Committee: IMCO
Amendment 691 #
Proposal for a directive
Article 18 – paragraph 2
2. Concessions which have as their object both services within the meaning of Article 17 and other services shall be awarded in accordance with the provisions applicable to the type of service that characterises the main object of the contract in question.deleted
2012/10/23
Committee: IMCO
Amendment 692 #
Proposal for a directive
Article 18 – paragraph 3
3. In the case of mixed contracts referred to in paragraphs 1 and 2, the main object shall be determined by a comparison of the values of the respective services or supplies.deleted
2012/10/23
Committee: IMCO
Amendment 693 #
Proposal for a directive
Article 18 – paragraph 4
4. Where contracts have as their object concessions covered by this Directive as well as procurement or other elements not covered by it nor by Directives [replacing 2004/17/EC and Directive 2004/18] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with this Directive. However, when the different parts of the contract are objectively not separable, the application of this Directive shall be determined on the basis of the main subject of that contract.deleted
2012/10/23
Committee: IMCO
Amendment 698 #
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 1
In the case of concessions subject to this Directive and contracts subject to [Directive 2004/18/EC or 2004/17/EC] or 2009/81/EC21 , the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with the provisions thereof.deleted
2012/10/23
Committee: IMCO
Amendment 700 #
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 2
Where the different parts of such contracts are not objectively separable, the application of this Directive shall be determined on the basis of the main subject of that contract.deleted
2012/10/23
Committee: IMCO
Amendment 704 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
However, the choice between awarding a single concession and awarding a number of separate concessions may not be made with the objective of excluding it from the scope of this Directive.deleted
2012/10/23
Committee: IMCO
Amendment 705 #
Proposal for a directive
Article 19 – paragraph 2
2. Where one of the activities for which the concession subject to the provisions of this Directive is intended is listed in Annex III and the other is not listed therein and where it is objectively impossible to determine for which activity the concession is principally intended, the concession shall be awarded in accordance with the provisions applicable to concessions awarded by contracting authorities.deleted
2012/10/23
Committee: IMCO
Amendment 707 #
Proposal for a directive
Article 19 – paragraph 3
3. If one of the activities for which the contract or the concession is intended is subject to this Directive and the other is not subject to either this Directive or [Directive 2004/18/EC or 2004/17/EC] or 2009/81/EC22 and if it is objectively impossible to determine for which activity the contract or the concession is principally intended, the contract or the concession shall be awarded in accordance with this Directive.deleted
2012/10/23
Committee: IMCO
Amendment 708 #
Proposal for a directive
Article 20 – paragraph 1
Member States may reserve the right to participate in concession award procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such concessions to be performed in the context of sheltered employment programmes provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled or/and disadvantaged workerspersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities. The concession notice shall make reference to this provision.
2012/10/23
Committee: IMCO
Amendment 710 #
Proposal for a directive
Article 20 – paragraph 2
The concession notice shall make reference to this provision.deleted
2012/10/23
Committee: IMCO
Amendment 711 #
Proposal for a directive
Article 21 – paragraph 1 – introductory part
1. This Directive shall apply to service concessions for research and development services with CPV reference numbers 73000000-2 to 73436000-7, except 73200000-4, 73210000-7 or 73220000-0, provided that the following conditions are both fulfilled:.
2012/10/23
Committee: IMCO
Amendment 712 #
Proposal for a directive
Article 21 – paragraph 1 – point a
(a) the benefits accrue exclusively to the contracting authority or contracting entity for use in the conduct of its own affairs,deleted
2012/10/23
Committee: IMCO
Amendment 713 #
Proposal for a directive
Article 21 – paragraph 1 – point b
(b) the service provided is wholly remunerated by the contracting authority or contracting entitydeleted
2012/10/23
Committee: IMCO
Amendment 714 #
Proposal for a directive
Article 21 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 46 concerning the reference numbers of this Article, whenever changes in the CPV nomenclature must be reflected in this Directive and they do not imply a modification of the scope of this Directive.
2012/10/23
Committee: IMCO
Amendment 720 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
1. Contracting authorities and contracting entities shall not establish specific conditions for participation of such groups in concession award procedures which are not imposed on individual candidates. In order to submit an application or a tender, these groups shall not be required by the contracting authorities or contracting entities to assume a specific legal form.deleted
2012/10/23
Committee: IMCO
Amendment 727 #
Proposal for a directive
Article 25
Article 25 [...]deleted
2012/10/23
Committee: IMCO
Amendment 733 #
Proposal for a directive
Article 26 – paragraph 2
2. Concession notices shall contain the information referred to in part of Annex IV and, where appropriate, any other information deemed useful by the contracting authority or entity, in accordance with the format of standard forms.
2012/10/23
Committee: IMCO
Amendment 735 #
Proposal for a directive
Article 26 – paragraph 3
3. Contracting authorities and contracting entities wishing to award a concession for social and other specific services shall make known their intention of planned concession award through the publication of a prior information notice as soon as possible after the beginning of the budgetary year. Those notices shall contain the information set out in Annex XIII.deleted
2012/10/23
Committee: IMCO
Amendment 737 #
Proposal for a directive
Article 26 – paragraph 4
4. The Commission shall establish those standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 48.deleted
2012/10/23
Committee: IMCO
Amendment 738 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
5. By way of derogation from paragraph 1, the contracting authorities and entities shall not be required to publish a concession notice in any of the following cases: (a) where no tenders or no suitable tenders or no applications have been submitted in response to a concession procedure, provided that the initial conditions of the concession contract are not substantially altered and on condition that a report is sent to the Commission or to the national oversight body designated pursuant to Article 84 of Directive [replacing Directive 2004/18/EC] where they so request; (b) where the works or services can be supplied only by a particular economic operator due to the absence of competition for technical reasons, the protection of patents, copyrights or other intellectual property rights or he protection of other exclusive rights and where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the concession award; (c) for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities or contracting entities awarded an original concession subject to the obligation referred to in paragraph 1, provided that such works or services are in conformity with a basic project for which the original concession was awarded. The basic project shall mention the extent of possible additional works or services and the conditions under which they will be awarded.deleted
2012/10/23
Committee: IMCO
Amendment 751 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities or contracting entities when they apply the provisions of Article 5deleted
2012/10/23
Committee: IMCO
Amendment 753 #
Proposal for a directive
Article 26 – paragraph 6
6. For the purposes of point (a) of the first subparagraph, a tender shall be considered not to be suitable where: – it is irregular or unacceptable, and – it is completely irrelevant to the concession, being incapable of meeting the contracting authority or contracting entity's needs as specified in the concession documents. Tenders shall be considered to be irregular, where they do not comply with the concession documents or where the prices offered are sheltered from normal competitive forces. Tenders shall be considered to be unacceptable in any of the following cases: (a) where they have been received late; (b) they have been submitted by tenderers who do not have the requisite qualifications; (c) their price exceeds the contracting authority or contracting entity's budget as determined prior to the launching of the concession award procedure and documented in writing; (d) they have been found to be abnormally lowdeleted
2012/10/23
Committee: IMCO
Amendment 760 #
Proposal for a directive
Article 27 – paragraph 2
2. The obligation referred to in paragraph 1 shall also apply to those services concessions the estimated value of which, as calculated according to the method referred to in Article 6 (5), is equal to or higher than 2 500 000 EUR with the sole exception of social services and other specific services as referred to in Article 17.deleted
2012/10/23
Committee: IMCO
Amendment 761 #
Proposal for a directive
Article 27 – paragraph 3
3. Such notices shall contain the information set out in Annex V or in relation to concessions for social services and other specific services the information set out in VI and be published in accordance with the provisions of Article 28deleted
2012/10/23
Committee: IMCO
Amendment 762 #
Proposal for a directive
Article 28
Article 28 [...]deleted
2012/10/23
Committee: IMCO
Amendment 764 #
Proposal for a directive
Article 29
Article 29 Publication at national level 1. Notices referred to in Articles 26 and 27 and the information contained therein shall not be published at national level before the publication pursuant to Article 28. 2. Notices published at national level shall not contain information other than that contained in the notices dispatched to the Commission but shall indicate the date of dispatch of the notice to the Commission.deleted
2012/10/23
Committee: IMCO
Amendment 769 #
Proposal for a directive
Article 31
Article 31 [...]deleted
2012/10/23
Committee: IMCO
Amendment 770 #
Proposal for a directive
Article 32
Article 31 [...]deleted
2012/10/23
Committee: IMCO
Amendment 783 #
Proposal for a directive
Article 33
Article 33 Test reports, certification and other means of proof 1. Contracting authorities or contracting entities may require that economic operators provide a test report from a recognised body or a certificate issued by such a body as means of proof of conformity with the technical specifications. Where contracting authorities require the production of certificates drawn up by recognised bodies attesting conformity with a particular technical specification, certificates from equivalent other recognised bodies shall also be accepted by the contracting authorities. 2. Contracting authorities or contracting entities shall also accept other appropriate means of proof such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test rapports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits. 3. Recognised bodies, within the meaning of this Article, are test and calibration laboratories and any certification and inspection bodies accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council29 . 4. Member States shall make available to other Member States, upon request, any information related to the evidence and documents produced to prove compliance with the technical requirements referred to in Article 32 and this Article. The competent authorities of the Member State of establishment shall provide this information in accordance with provisions on governance as referred to in Article 88 of (Directive replacing Directive 2004/18/EC).deleted
2012/10/23
Committee: IMCO
Amendment 784 #
Proposal for a directive
Article 34
Article 34 General principles Concessions shall be awarded on the basis of the criteria set out by the contracting authority or contracting entity in accordance with Article 39 provided that the following cumulative conditions are fulfilled: (a) the tender complies with the requirements, conditions and criteria set out in the concession notice or in the invitation to confirm interest and in the concession award documents; (b) the tender comes from a tenderer who (i) is not excluded from participating in the award procedure in accordance with paragraphs 4 to 8 of Article 36 and (ii) meets the selection criteria set out by the contracting authority or contracting entity in accordance with paragraphs 1 to 3 of Article 36.deleted
2012/10/23
Committee: IMCO
Amendment 786 #
Proposal for a directive
Article 35
Article 35 [...]deleted
2012/10/23
Committee: IMCO
Amendment 793 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice the conditions for participation relating to: verify the conditions for participation relating to the professional and technical ability, the financial standing of the candidates or tenderers and the reference or references to be submitted as proof in accordance with the requirements specified in the concession notice. Those conditions shall be linked to the subject-matter of the contract non-discriminatory and may be accompanied by minimum requirements wherever necessary.
2012/10/23
Committee: IMCO
Amendment 795 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point a
(a) suitability to pursue the professional activity;deleted
2012/10/23
Committee: IMCO
Amendment 796 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point b
(b) economic and financial standing;deleted
2012/10/23
Committee: IMCO
Amendment 797 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point c
(c) technical and professional ability.deleted
2012/10/23
Committee: IMCO
Amendment 798 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the concession to be awarded. All requirements shall be related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.deleted
2012/10/23
Committee: IMCO
Amendment 801 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Contracting authorities and contracting entities shall also indicate in the concession notice the reference or references to be submitted as proof of the economic operator's capacities. The requirements in respect of those references shall be non-discriminatory and proportionate to the subject-matter of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 806 #
Proposal for a directive
Article 36 – paragraph 2
2. With regard to the criteria referred toTo meet the conditions for participating laid down in paragraph 1, an economic operator may, where appropriate and for a particular concession, rely on the capacities of other entities, regardless of the legal nature of its links with them. It shall, in that case, prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources, for example, by producing an undertaking by those entities to that effect. With regard to economic and financial standing, contracting authorities and contracting entities may require that the economic operator and those entities are jointly liable for the execution of the contract.
2012/10/23
Committee: IMCO
Amendment 808 #
Proposal for a directive
Article 36 – paragraph 3
3. Under the same conditions, a group of economic operators as referred to in Article 22 may rely on the capacities of participants in the group or of other entities.deleted
2012/10/23
Committee: IMCO
Amendment 811 #
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 1
Member States shall adopt rules combating favouritism, corruption and preventing conflicts of interest, aimed at ensuring the transparency of the award procedure and the equal treatment of all tenderers.deleted
2012/10/23
Committee: IMCO
Amendment 812 #
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 2
With regard to conflicts of interest the measures adopted shall not go beyond what is strictly necessary to prevent or eliminate the conflict identified. In particular, they shall allow for the exclusion of a tenderer or candidate from the procedure only where the conflict of interests cannot be effectively remedied by other means.deleted
2012/10/23
Committee: IMCO
Amendment 813 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1
Any candidate or tenderer that has been the subject of a conviction by a final judgment for one of the reasons listed below shall be excluded from participation in a concession: (a) participation in a criminal organisation, as defined in Article 2(1) of Council Framework Decision 2008/841/JHA30 ; (b) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and Article 2 of Council Framework Decision 2003/568/JHA31 as well as corruption as defined in the national law of the contracting authority or the economic operator; (c) fraud within the meaning of Article 1 of the Convention on the protection of the financial interests of the European Communities32 ; (d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Framework Decision 2002/475/JHA33 respectively, or inciting, aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision; (e) money laundering, as defined in Article 1 of Council Directive 91/308/EEC34 .deleted
2012/10/23
Committee: IMCO
Amendment 822 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 2
The obligation to exclude a candidate or a tenderer from participation in a concession shall also apply where the conviction by final judgment has condemned company directors or any other any person having powers of representation, decision or control in respect of the candidate or tenderer.deleted
2012/10/23
Committee: IMCO
Amendment 824 #
Proposal for a directive
Article 36 – paragraph 6
6. Any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority or entity.deleted
2012/10/23
Committee: IMCO
Amendment 831 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1
Member States may provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled: (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; (b) where the economic operator is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it has entered into an arrangement with creditors, where it has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations; (c) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior concession or concessions of a similar nature with the same contracting authority or contracting entity.deleted
2012/10/23
Committee: IMCO
Amendment 840 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 2
In order to apply the ground for exclusion referred to in point (c) of the first subparagraph, contracting authorities and contracting entities shall provide a method for the assessment of contractual performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment has to be communicated to the economic operator in question, which must be given the opportunity to object to the findings and to obtain judicial protection.deleted
2012/10/23
Committee: IMCO
Amendment 841 #
Proposal for a directive
Article 36 – paragraph 8
8. Any candidate or tenderer that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.deleted
2012/10/23
Committee: IMCO
Amendment 845 #
Proposal for a directive
Article 36 – paragraph 9
9. Member States shall specify the implementing conditions for this article. They shall make available to other Member States, upon request, any information related to the exclusion grounds listed in this Article. The competent authorities of the Member State of establishment shall provide this information in accordance with the provisions of Article 88 of Directive [replacing Directive 2004/18/EC].deleted
2012/10/23
Committee: IMCO
Amendment 848 #
Proposal for a directive
Article 37
Article 37 Setting time limits 1. When fixing the time limits for the submission of applications for the concession and submission of tenders, contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders, without prejudice to the minimum time limits set out in Article 37. 2. Where applications or tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the concession award documents, the time limits for the submission of applications for the concession shall be extended so that all economic operators concerned may be aware of all the information needed to produce applications or tenders.deleted
2012/10/23
Committee: IMCO
Amendment 851 #
Proposal for a directive
Article 38 – paragraph 1
1. Where contracting authorities and contracting entities resort to a concession, the time limit for the submission of applications for the concession shall be not less than 5230 days from the date on which the concession notice was sent.
2012/10/23
Committee: IMCO
Amendment 854 #
Proposal for a directive
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.
2012/10/23
Committee: IMCO
Amendment 860 #
Proposal for a directive
Article 39
Article 39 [...]deleted
2012/10/23
Committee: IMCO
Amendment 876 #
Proposal for a directive
Article 40 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include social and environmental costs such as the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
2012/10/23
Committee: IMCO
Amendment 877 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the concession award documents the methodology used for the calculation of the life-cycle costs. The methodology useddata to be provided by the tenderers and the method which the contracting authority or entity will use to determine the life-cycle costs. The method used for the assessment of those life-cycle costs must fulfil all of the following conditions:
2012/10/23
Committee: IMCO
Amendment 878 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point a
(a) It has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
2012/10/23
Committee: IMCO
Amendment 879 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point b
(b) It has been established for repeated or continuous application;deleted
2012/10/23
Committee: IMCO
Amendment 880 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point c
(c) It is accessible to all interested partthe data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
2012/10/23
Committee: IMCO
Amendment 881 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2
Contracting authorities and contracting entities shall allow economic operators to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority or contracting entity. However in order not to discriminate those tenderers who invest time and money to comply with the methodology indicated by the contracting authority, contracting authorities may ask for a third party certified document as proof for the fulfilment of the equivalence.
2012/10/23
Committee: IMCO
Amendment 882 #
Proposal for a directive
Article 40 – paragraph 3
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 39 paragraph (4). A list of such legislative and delegated acts is set out in Annex II. The Commission shall be empowered to adopt delegated acts in accordance with Article 46 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.deleted
2012/10/23
Committee: IMCO
Amendment 884 #
Proposal for a directive
Article 41
Article 41 Subcontracting 1. In the concession documents, the contracting authority or contracting entity may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Paragraph 1 shall be without prejudice to the question of the principal economic operator's liability.deleted
2012/10/23
Committee: IMCO
Amendment 896 #
Proposal for a directive
Article 42 – paragraph 1
1. A substantial modification of the provisions of a concession during its term shall be considered as a new award for the purposes of this Directive and shall require a new concession award procedure in accordance with this Directive.deleted
2012/10/23
Committee: IMCO
Amendment 899 #
Proposal for a directive
Article 42 – paragraph 2
2. A modification of a concession during its term shall be considered substantial within the meaning of paragraph 1, where it renders the concession substantially different from the one initially concluded, In any case, without prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met: (a) the modification introduces conditions which, had they been part of the initial concession award procedure, would have allowed for the selection of other applicants than those initially selected, or would have allowed for awarding the concession to another applicant or tenderer; (b) the modification changes the economic balance of the concession in favour of the concessionaire or (c) the modification extends the scope of the concession considerably to encompass supplies, services or works not initially covered.deleted
2012/10/23
Committee: IMCO
Amendment 905 #
Proposal for a directive
Article 42 – paragraph 3
3. The replacement of the concessionaire shall be considered a substantial modification within the meaning of paragraph 1. However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations, insolvency or on the basis of a contractual clause of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the concession and is not aimed at circumventing the application of this Directive.deleted
2012/10/23
Committee: IMCO
Amendment 907 #
Proposal for a directive
Article 42 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 5 and where it is below 5 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.deleted
2012/10/23
Committee: IMCO
Amendment 912 #
Proposal for a directive
Article 42 – paragraph 5
5. Concession modifications shall not be considered substantial within the meaning of paragraph 1, where they have been provided for in the concession documents in clear, precise and unequivocal review clauses or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 915 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – introductory part
By way of derogation from paragraph 1, aA substantial modification shall not require a new concession award procedure where the modification is limited to an extension of the duration of the concession necessary to maintain or improve the efficiency and performance of the activity within the scope of the directive or where the following cumulative conditions are fulfilled:
2012/10/23
Committee: IMCO
Amendment 917 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point a
(da) the need for modification has been brought about by circumstances which a diligent contracting authority or entityin particular of a technical and/or financial nature which a diligent grantor could not foresee,
2012/10/23
Committee: IMCO
Amendment 918 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point b
(e) the modification does not alter the overall nature of the concessiondeleted
2012/10/23
Committee: IMCO
Amendment 921 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point f
(f) in case of concessions awarded by contracting authorities where any increase in price is notor the value of the intended modification is higher than 50% of the updated initial value of the original concession.
2012/10/23
Committee: IMCO
Amendment 922 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 2
Contracting authorities or contracting entitiesThe grantor shall publish in the Official Journal of the European Union a notice on such modifications. Such notices shall contain the information set out in Annex VII and be published in accordance with the provisions of Article 28.
2012/10/23
Committee: IMCO
Amendment 923 #
Proposal for a directive
Article 42 – paragraph 7
7. Contracting authorities and contracting entities shall not have recourse to modifications of the concession in the following cases: (a) where the modification would aim at remedying deficiencies in the performance of the concessionaire or the consequences thereof, which can be remedied through the enforcement of contractual obligations; (b) where the modification would aim at compensating risks of price increases that are the result of price fluctuations that could substantially impact the performance of a contract and that have been hedged by the concessionaire.deleted
2012/10/23
Committee: IMCO
Amendment 927 #
Proposal for a directive
Title 5
Title V Amendments of Directives 89/665/EEC and 98/13/EEC [...]deleted
2012/10/23
Committee: IMCO
Amendment 935 #
Proposal for a directive
Article 46 – paragraph 2
2. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52power to adopt delegated acts referred to in Article 23 (2) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of the present Directive].
2012/10/23
Committee: IMCO
Amendment 936 #
Proposal for a directive
Article 46 – paragraph 3
3. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52 (2),23 (2) may be revoked at any time by the European Parliament or by the Council. AThe revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2012/10/23
Committee: IMCO
Amendment 937 #
Proposal for a directive
Article 49 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions. This Directive shall not affect the award of concessions contracts which have been awarded before [...]1 at the latest. __________________ 1 date of transposition deadline
2012/10/23
Committee: IMCO
Amendment 943 #
Proposal for a directive
Annex 3 – paragraph 1 – point 1
1. As far as gas and heat are concerned: The supply of gas or heat to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; (b) the supply of gas or heat to such networks. (c) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in this paragraph or in paragraphs 2 to 4 of this Annex; (d) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover on the basis of the average for the preceding three years, including the current year.deleted
2012/10/23
Committee: IMCO
Amendment 944 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2
2. As far as electricity is concerned: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; (b) the supply of electricity to such networks. For the purposes of this Directive, supply of electricity includes generation (production) and wholesale of electricity. The supply of electricity to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: (a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in this paragraph or in paragraphs 1, 3 and 4 of this Annex (b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, on the basis of the average for the preceding three years, including the current year.deleted
2012/10/23
Committee: IMCO
Amendment 946 #
Proposal for a directive
Annex 3 – paragraph 1 – point 3
3. As far as water is concerned: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; (b) the supply of drinking water to such networks. This Directive shall also apply to concessions awarded or organised by entities which pursue an activity referred to above and which are connected with one of the following: (a) hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, or (b) the disposal or treatment of sewage. The supply of drinking water to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 1 and paragraph 2 of Article 4 shall not be considered a relevant activity within the meaning of subparagraph 1 where all of the following conditions are met: (a) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 to 4 of this Annex; (b) the supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, on the basis of the average for the preceding three years, including the current year.deleted
2012/10/23
Committee: IMCO
Amendment 949 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – introductory part
4. Activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable to the extent that they are not governed by other Community instruments.
2012/10/23
Committee: IMCO
Amendment 951 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – paragraph 1
As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.deleted
2012/10/23
Committee: IMCO
Amendment 964 #
Proposal for a directive
Annex 5 – point I – point 5
5. Description of the procurementcontract : nature and extent of works, nature and quantity or value of supplies, nature and extent of services. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options.
2012/10/23
Committee: IMCO
Amendment 965 #
Proposal for a directive
Annex 5 – point I – point 7
7. Criteria referred to in Article 39 which were used for award of the concession or concessions.deleted
2012/10/23
Committee: IMCO
Amendment 966 #
Proposal for a directive
Annex 5 – point I – point 9
9. Number of tenders received with respect of each award, including: (a) number of tenders received from economic operators which are small and medium enterprises, (b) number of tenders received from abroad, (c) number of tenders received electronically.deleted
2012/10/23
Committee: IMCO
Amendment 968 #
Proposal for a directive
Annex 5 – point I – point 10 – introductory part
10. For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the successful tenderer(s) including.
2012/10/23
Committee: IMCO
Amendment 969 #
Proposal for a directive
Annex 5 – point I – point 10 – point a
(a) information whether the successful tenderer is small and medium enterprise,deleted
2012/10/23
Committee: IMCO
Amendment 970 #
Proposal for a directive
Annex 5 – point I – point 10 – point b
(b) information whether the concession was awarded to a consortium.deleted
2012/10/23
Committee: IMCO
Amendment 972 #
Proposal for a directive
Annex 5 – point I – point 11
11. Value and main financial terms of the awarded concession, including fees and prices.
2012/10/23
Committee: IMCO
Amendment 973 #
Proposal for a directive
Annex 5 – point I – point 12
12. Where appropriate, for each award, value and proportion of concession likely to be subcontracted to third parties.deleted
2012/10/23
Committee: IMCO
Amendment 975 #
Proposal for a directive
Annex 5 – point I – point 14
14. Name and address of the oversight body and the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and email address of the service from which this information may be obtained.
2012/10/23
Committee: IMCO
Amendment 977 #
Proposal for a directive
Annex 5 – point I – point 17
17. Detailed mMethod of calculation of the estimated total value of the concession, in accordance with Article 6.
2012/10/23
Committee: IMCO
Amendment 978 #
Proposal for a directive
Annex 5 – point II
II. INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES PUBLISHED IN ACCORDANCE WITH ARTICLE 27(2) 1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, email and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained. 2. Description of the procurement: nature and extent of works, nature and quantity or value of supplies, nature and extent of services, Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options. 3. CPV Nomenclature reference No(s). 4. Type of contracting authority or entity and main activity exercised. 5. Date of concession award decision or decisions; 6. For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the economic operators to which the concession has been awarded. 7. Value and main financial terms of the award, including fees and prices. 8. Detailed method of calculation of the estimated total value of the concession, in accordance with Article 6.deleted
2012/10/23
Committee: IMCO
Amendment 980 #
Proposal for a directive
Annex 7
Annex VII [...]deleted
2012/10/23
Committee: IMCO
Amendment 981 #
Proposal for a directive
Annex 8
Annex VIII [...]deleted
2012/10/23
Committee: IMCO
Amendment 982 #
Proposal for a directive
Annex 9 – point 1 – paragraph 1 – indent 2
The Publications Office of the European Union will give the contracting authority or entity the confirmation referred to in Article 28 (52).
2012/10/23
Committee: IMCO
Amendment 983 #
Proposal for a directive
Annex 9 – point 2
2. Publication of complementary or additional information Contracting authorities and contracting entities shall publish the specifications and the additional documents in their entirety on the Internet.deleted
2012/10/23
Committee: IMCO
Amendment 986 #
Proposal for a directive
Annex 10
Annex X [...]deleted
2012/10/23
Committee: IMCO
Amendment 987 #
Proposal for a directive
Annex 10 a (new)
Annex Xa SERVICES REFERRED TO IN ARTICLE 17 CPV Code Description 79611000-0; 75200000-8; 75231200-6; 75231240-8; from 85000000-9 to 85323000-9; (except 85321000-5 and 85322000-2); 98133100-5 and 98200000-5 / Health, social and related services 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1); from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6)/ Administrative educational, healthcare and cultural services 75300000-9/ Compulsory social security services 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 / Benefit services 98000000-3; 55521100-9/ Other community, social and personal services 98120000-0/ Services furnished by trade unions 98131000-0/ Religious services from 61000000-5 to 61530000-9; from 63370000-3 to 63372000-7/ Transport by water 62400000-6, 62440000-8, 62441000-5, 62450000-1; from 63000000-9 to 63600000-5 (except 63370000-3, 63371000-0, 63372000-7); 74322000-2, 93610000-7/ Supporting and auxiliary transport services from 74500000-4 to 74540000-6 (except 74511000-4); from 95000000-2 to 95140000-5/ personnel placement and supply services from 74600000-5 to 74620000- 1/Investigation and security services, other than armoured car services from 74875000-3 to 74875200-5, and from 92000000-1 to 92622000-7 (except 92230000-2) /Recreational, cultural and sporting services
2012/10/23
Committee: IMCO
Amendment 988 #
Proposal for a directive
Annex 11
Annex XI LIST OF EUROPEAN UNION LEGISLATION REFERRED TO IN ARTICLE 4 (3) (b) Rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute ‘special or exclusive rights’ within the meaning of this Directive. The following lists procedures, ensuring adequate prior transparency, for granting authorisations on the basis of other legislative acts of the European Union which do not constitute ‘special or exclusive rights’ within the meaning of this Directive: (a) Granting authorisation to operate natural gas installations in accordance with the procedures laid down in Article 4 of Directive 98/30/EC. (b) Authorisation or an invitation to tender for the construction of new electricity production installations in accordance with the provisions of Directive 96/92/EC. (c) The granting in accordance with the procedures laid down in Article 9 of Directive 97/67/EC of authorisations in relation to a postal service which is not or shall not be reserved. (d) A procedure for granting an authorisation to carry on an activity involving the exploitation of hydrocarbons in accordance with Directive 94/22/EC. (e) Public service contracts within the meaning of Regulation (EC) No 1370/2007 which have been awarded on the basis of a competitive tendering procedure in accordance with its Article 5(3).deleted
2012/10/23
Committee: IMCO
Amendment 989 #
Proposal for a directive
Annex 12
Annex XII REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, AND APPLICATIONS 1. Devices for the electronic receipt of tenders and applications must at least guarantee, through technical means and appropriate procedures, that: (a) the exact time and date of the receipt of tenders and applications can be determined precisely; (a) it may be reasonably ensured that, before the time limits laid down, no-one can have access to data transmitted under these requirements; (b) where that access prohibition is infringed, it may be reasonably ensured that the infringement is clearly detectable; (c) only authorised persons may set or change the dates for opening data received; (d) during the different stages of the concession award procedure access to all data submitted, or to part thereof, must be possible only through simultaneous action by authorised persons; (e) simultaneous action by authorised persons must give access to data transmitted only after the prescribed date; (f) data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint themselves therewith, and (g) authentication of tenders must conform to the requirements set out in this Annex.deleted
2012/10/23
Committee: IMCO
Amendment 990 #
Proposal for a directive
Annex 13
Annex XIII INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 26(3)) 1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, email and internet address of the contracting authority or contracting entity and, where different, of the service from which additional information may be obtained. 2. Where appropriate, email or internet address at which the specifications and any supporting documents will be available. 3. Type of contracting authority or contracting entity and main activity exercised. 4. CPV Nomenclature reference No(s); where the contract is divided into lots, this information shall be provided for each lot. 5. NUTS code for the main place of delivery or performance of service concessions 6. Description of the services and where applicable, incidental works and supplies to be procured 7. Estimated total value of concession(s); where the concession is divided into lots, this information shall be provided for each lot. 8. Conditions for participation. 9. Where applicable, time limit(s) for contacting the contracting authority or contracting entity in view of participation. 10. Where applicable, brief description of the main features of the award procedure to be applied. 11. Any other relevant information.deleted
2012/10/23
Committee: IMCO