Activities of Heide RÜHLE related to 2011/0439(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors PDF (1 MB) DOC (2 MB)
Amendments (215)
Amendment 43 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to guarantee the opening up to competition of procurement by entities operating in the water, energy, transport and postal services sectors, provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value. Such coordination is needed to ensure the effect of the principles of the Treaty on the Functioning of the European Union and in particular the free movement of goods, the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. In view of the nature of the sectors affected by such coordination, the latter should, while safeguarding the application of those principles, establish a framework for sound commercial practice and should allow maximum flexibility. Public procurement rules have to respect the distribution of competences as enshrined in Article 14 TFEU and the Protocol No 26 thereof. The application of those rules should not interfere with the freedom of public authorities to decide how they carry out their public service tasks.
Amendment 52 #
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contractingwhile ensuring that entities may require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions as long as they are linked to the subject matter of the contract.
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. This directive does not therefore cover procurement which is not connected to utility activities.
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 65 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 70 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to service contacts awarded to an entity which is itself a contracting authority within the meaning of Article 2(1) or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to the published legislation in force, regulation or administrative provision which is compatible with the Treaty.
Amendment 71 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 73 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
Amendment 76 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 78 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 81 #
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 82 #
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
Amendment 85 #
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemensubject of the contract;
Amendment 86 #
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
Amendment 88 #
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(4).
Amendment 89 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Amendment 90 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 91 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States may reserve the right to participate in procurement 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 contracts 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 and/or disadvantaged workerpersons. '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.
Amendment 94 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the life cycle of the work or supply.
Amendment 95 #
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 96 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XIV and provided they are linked to the subject matter of the contract.
Amendment 98 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which contracting entities shall base the award of contracts shall be one of the following:
Amendment 100 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 103 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Costs may be assessed, at the choice of the contracting entity, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77.
Amendment 115 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 117 #
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 119 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Amendment 121 #
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
Amendment 123 #
Proposal for a directive
Article 85 – paragraph 4
Article 85 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 65.
Amendment 125 #
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
Amendment 127 #
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Member States shall ensure that 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. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 128 #
Proposal for a directive
Article 93
Article 93
Amendment 130 #
Proposal for a directive
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission or the national oversight body where theyif it so request its.
Amendment 132 #
Proposal for a directive
Annex XVII a (new)
Annex XVII a (new)
- The following legal services: 79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-9 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services
Amendment 136 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 53(1) and Article 62 and Article 114 as well as Protocol No 26 thereof,
Amendment 138 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to guarantee the opening up to competition of procurement by entities operating in the water, energy, transport and postal services sectors, provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value. Such coordination is needed to ensure the effect of the principles of the Treaty on the Functioning of the European Union and in particular the free movement of goods, the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. In view of the nature of the sectors affected by such coordination, the latter should, while safeguarding the application of those principles, establish a framework for sound commercial practice and should allow maximum flexibility. Public procurement rules have to respect the distribution of competences as enshrined in Article 14 TFEU and the Protocol No 26. The application of those rules should not interfere with the freedom of public authorities to decide how they carry out their public service tasks.
Amendment 139 #
Proposal for a directive
Recital 3
Recital 3
Amendment 140 #
Proposal for a directive
Recital 4
Recital 4
(4) Public procurement plays a key role in the Europe 2020 strategy16 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. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors17 and 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 contracts18 have to be revised and modernised in order to increase the efficiency of public spending,enable procurer to make better use of public procurement in support of sustainable development and other common societal goals, thereby increasing the efficiency of public spending, ensuring best value for money and facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify the Directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. This Directive provides legislation on how to buy. Contracting entities may set demands that are stricter or go further than current Union legislation in order to reach the common objectives.
Amendment 141 #
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement, whilst ensuring the link to the subject matter of they contract and obtaining the best value for money for their contracts.
Amendment 144 #
Proposal for a directive
Recital 6
Recital 6
(6) It is appropriate that the notion of procurement or the definition of what constitutes a single procurement are as close as possible to those applied pursuant to Directive […] of the European Parliament and of the Council of […] on public procurement19 , having due regard for the specificities of the sectors covered by this Directive. The concept of single procurement encompasses all supplies, works and services needed to carry out a particular project, for instance a works project or an entirety of works, supplies and/or services. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked and carried out in a narrow time frame.
Amendment 156 #
Proposal for a directive
Recital 16
Recital 16
Amendment 160 #
Proposal for a directive
Recital 17
Recital 17
(17) OtherSome categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person such as certain social, health and educational services. Those services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for contracts for those services, with a higher threshold of EUR 1 000 000. In the particular context of procurement in those sectors, services to the person with values below this threshold will typically not be of interest to providers from other Member States unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of those services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entities are able 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 Committee26. Member States and/or contracting entities remain free to provide those services themselves or to organise social services in a way that does not entail the conclusion of public contracts, 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 entity, without any limits or quotas, or in giving legal rights of all sorts to economic operators for the provision of those services, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
Amendment 163 #
Proposal for a directive
Recital 19
Recital 19
(19) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union on cooperation between public authorities is interpreted divergently between Member States and even between contracting authorities. As this jurisprudence would be equally applicable to public authorities when operating in the sectors covered by this directive, it is appropriate to ensure that the same rules apply in both this directive and Directive […/….../.../EU][on public procurement]. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities are not subject of the pubic procurement rules if the conditions set out in this directive are fulfilled.
Amendment 177 #
Proposal for a directive
Recital 29
Recital 29
(29) The instrument of framework agreements can be an efficient procurement technique throughout Europe; however, there is a need to enhance competition by improving transparency of and access to procurement carried out by means of framework agreements. It is therefore appropriate to revise the provisions applicable to those agreements, notably by providing for mini-competitions for the award of specific contracts based on the agreement and by limiting the duration of framework agreements.
Amendment 180 #
Proposal for a directive
Recital 33
Recital 33
(33) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years.
Amendment 184 #
Proposal for a directive
Recital 35
Recital 35
(35) The technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition. To that end, it should 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 other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety mustshould be considered by the 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. In order not to discriminate those tenderers who invest time and money for certificates and test reports the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 190 #
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 193 #
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contractingwhile ensuring that entities may require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions as long as they are linked to the subject matter of the contract.
Amendment 198 #
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 203 #
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and, in award criteria and in contract performance clauses, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may onlyamong others concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environmenbe linked to the subject matter of the contract. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. Contracting authorities may include social considerations (i.a. ILO core conventions) in the technical specifications when this is relevant and linked to the subject matter of the contract.
Amendment 217 #
Proposal for a directive
Recital 57
Recital 57
Amendment 220 #
Proposal for a directive
Recital 58
Recital 58
Amendment 227 #
Proposal for a directive
Recital 61
Recital 61
(61) Effective cooperation is necessary to ensure consistent advice and practice within each Member State and across the Union. Bodies designated for monitoring, implementation, control and technical assistance should be able to share information and cooperate; in the same context, the national authority designated by each Member State should act as the preferred contact point with the Commission services for the purpose of collecting data, exchanging information and monitoring the implementation of Union public procurement law.
Amendment 229 #
Proposal for a directive
Recital 62
Recital 62
(62) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory certain technical standards for electronic communication to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; the Commission should also be empowered to adapt the mandatory content of the information to be included in notices to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life- cycle costs, referred to in article 77(3); the list of International Social and Environmental Conventions referred to in Articles 70 And 79 and the list of Union legislation referred to in article 27(3) whose implementation creates a presumption of free access to a given market as well as Annex II, referred to in Article 4(4), setting out a list of legislative acts to be taken into account when assessing the existence of special or exclusive rights should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy this need, the Commission should be empowered to keep the lists up-to date.
Amendment 231 #
Proposal for a directive
Recital 64
Recital 64
(64) In order to ensure uniform conditions for the implementation of this Directive, as for the procedure for sending and publishing data referred to in Annex IX and the procedures for drawing up and transmitting notices, the standard forms for the publication of notices as well as of process and messaging standards and the common template to be used by the oversight bodies for drawing up the implementation and statistical report, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers35 . The advisory procedure should be used for the adoption of those implementing acts, which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this Directive. On the contrary, those acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this Directive. Furthermore, decisions to establish whether a given activity is directly exposed to competition on markets to which access is free should be adopted under conditions ensuring uniform conditions for implementing that provision. Implementing powers should therefore be conferred on the Commission also in respect of the detailed provisions for the implementation of the procedure, provided for under Article 28, for establishing whether Article 27 is applicable as well as the Decisions themselves. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. The advisory procedure should be used for the adoption of those implementing acts.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. This directive does thus not cover procurement which is not connected to utility activities.
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 246 #
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 255 #
Proposal for a directive
Article 2 – point 8 – point a a (new)
Article 2 – point 8 – point a a (new)
(aa) or a work, or the realisation by whatever means, of a work corresponding to the requirements specified by the contracting entity. A 'work' means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function;
Amendment 256 #
Proposal for a directive
Article 2 – point 8 – point b
Article 2 – point 8 – point b
Amendment 257 #
Proposal for a directive
Article 2 – point 8 – point c
Article 2 – point 8 – point c
Amendment 260 #
Proposal for a directive
Article 2 – point 15
Article 2 – point 15
(15) ‘procurement documents’ means allny documents produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the prior information notice or the notices on the existence of a qualification system where they are used a means of calling for competition, 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 documents;
Amendment 266 #
Proposal for a directive
Article 2 – point 23 a (new)
Article 2 – point 23 a (new)
(23a) 'service concession' means a contract of the same type as a service contract except for the fact that the consideration for the provision of services consists either solely in the right to exploit the service or in that right together with payment.
Amendment 272 #
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) which are contracting authorities or public undertakings and which pursue one of the activities referred to in Articles 5 to 11 except in cases where the activity is pursued on the basis of rights being granted according to paragraph 2 of this Article;
Amendment 275 #
Proposal for a directive
Article 5 – title
Article 5 – title
Gas and heat, heat and cooling
Amendment 276 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. As far as gas and heat, heat and cooling are concerned, this Directive shall apply to the following activities:
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(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 or cooling;
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the supply of gas or, heat or cooling to such networks.
Amendment 282 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The supply of gas or, heat or cooling to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:
Amendment 284 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the production of gas or, heat or cooling by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in paragraph 1 or in Articles 6 to 8;
Amendment 291 #
Proposal for a directive
Article 11 – title
Article 11 – title
Extraction of oil and gas and exploration for, or extraction ofof oil and gas, coal or other solid fuels
Amendment 297 #
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
Amendment 302 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Directive shall not apply to contracts which the contracting entities award for purposes other than the pursuit of their activities as described in Articles 5 to 11 and are connected with utility activities, 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 nor shall it apply to design contests organised for such purposes.
Amendment 303 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at theirif so requested of any activities which they regard as excluded under paragraph 1. 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.
Amendment 305 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 319 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) employment contracts including the secondment of temporary personnel;
Amendment 321 #
Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) civil protection, emergency preparedness and response and emergency medical services;
Amendment 322 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) contracts for broadcasting time that are awarded to broadcasters.transmission and distribution of media service;
Amendment 323 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) contracts for the supply of goods or the provision services which are subject by law to a fixed price and in relation to which a public procurement procedure ipso facto holds no value.
Amendment 326 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
The broadcastingaudiovisual media services referred to in point (f) of the first paragraph shall include any transmission and distribution using any form of electronic network.
Amendment 327 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to service contacts awarded to an entity which is itself a contracting authority within the meaning of Article 2(1) or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 328 #
Proposal for a directive
Article 19 b (new)
Article 19 b (new)
Article 19b Specific Regimes to deliver SGI This Directive shall not apply to tried and tested Member State procedures that are based on the user´s free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 329 #
Proposal for a directive
Article 19 c (new)
Article 19 c (new)
Article 19 c Service concessions Without prejudice to the application of Article 19a, this Directive shall not apply to service concessions as defined in Article 2(23a).
Amendment 330 #
Proposal for a directive
Title 1 – chapter 3 – section 2 – subsection 2 – title
Title 1 – chapter 3 – section 2 – subsection 2 – title
Special relcooperations (Controlled entities, cooperation, affiliated undertakings and joint ventures)
Amendment 335 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 342 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 347 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
Amendment 353 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract with the exception of legally enforced forms or private participation.
Amendment 358 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – introductory part
Article 21 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 361 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 371 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 374 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 380 #
Proposal for a directive
Article 21 – paragraph 4 – introductory part
Article 21 – paragraph 4 – introductory part
4. An agreement concluded between two or more contracting authorities shall not be deemed to be a ‘works, supply or service contract’ within the meaning of point 7 of Article 2 of this Directive and thus falls outside this Directive, where the following cumulative conditions are met:
Amendment 383 #
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 388 #
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
Amendment 396 #
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemensubject of the contract;
Amendment 399 #
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
Amendment 403 #
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved. task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(4)
Amendment 406 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Amendment 408 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 412 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2 a (new)
Article 21 – paragraph 5 – subparagraph 2 a (new)
However, transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and not subject to procurement law.
Amendment 414 #
Proposal for a directive
Article 22 – paragraphs 1 and 2
Article 22 – paragraphs 1 and 2
1. For the purposes of this Article, ‘affiliated undertaking’ means: (a) any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the Seventh Council Directive 83/349/EEC. 2. In the case of entities not subject to that Directive, ‘affiliated undertaking’ shall mean; (b) any undertaking that: (ai) may be, directly or indirectly, subject to a dominant influence by the contracting entity within the meaning of point (5) of Article 2 and Article 4(1) of this Directive; (bii) may exercise a dominant influence over the contracting entity; (ciii) in common with the contracting entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
Amendment 422 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Paragraph 32 shall apply: (a) to service contracts provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in general for the preceding three years derives from the provision of services to undertakings with which it is affiliated; (b) to supply contracts provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to supplies in general for the preceding three years derives from the provision of supplies to undertakings with which it is affiliated; (c) to works contracts provided that at least 80 % if the affiliated undertaking: (a) is itself a contracting authority; (b) when it is not a contracting authority has, at least, as one of their activities any of the activities reffered to in Articles 5 to 11, or any combination thereof and operate ofn the average total turnover of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affilibasis of special or exclusive rights granted by a competent authority of a Member Stated.
Amendment 451 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
However, in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualification levels of the staff responsible for the performance of the contract in question.
Amendment 453 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States may reserve the right to participate in procurement 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 contracts 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 disadvantaged workerpersons. '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.
Amendment 456 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Unless otherwiseNotwithstanding providedsions in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 64 and 69 of this directive the contracting entity shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 464 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that, at the latest 24 years after the date provided for in Article 101(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 476 #
Proposal for a directive
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) the chairperson of the contracting authority and members of decision- making bodies of the contracting authority who, without necessarily being involved in the conduct of the procurement procedure, may nevertheless influence the outcome of that procedure.
Amendment 477 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1 – point b
Article 36 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers, e.g. company directors or any other person having powers of decision, powers or control in respect of the candidate or tenderer, are required to submit at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authority shall indicate in the individual report referred to in Article 94 whether any candidate or tenderer has submitted a declaration.
Amendment 482 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candid, document those measures adequatesly and tenderers. If the conflict of interests cannot be effectively remedied by other means, thesure equal treatment of candidate ors and tenderer concerned shall be excluded from the procedures.
Amendment 486 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 491 #
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
Member States shall provide that contracting entities may apply open or restricted procedures or negotiated procedures with prior call for competition and innovation partnerships as regulated in this Directive.
Amendment 495 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Member States mayshall provide that contracting entities may apply a negotiated procedure without prior call for competition only in the specific cases and circumstanceas referred to expressly in Article 42.
Amendment 499 #
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 2
Article 42 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 30 days be sufficient from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent and may in no case be less than 15 days.
Amendment 518 #
Proposal for a directive
Article 44 – paragraph 1 – point d – point i
Article 44 – paragraph 1 – point d – point i
(i) the absence of competition for technical or legal reasons;
Amendment 521 #
Proposal for a directive
Article 44 – paragraph 1 – point d – paragraph 1
Article 44 – paragraph 1 – point d – paragraph 1
This exception only applies when 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 procurement;
Amendment 524 #
Proposal for a directive
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeureand which has not been foreseeable by the contracting entity, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;
Amendment 531 #
Proposal for a directive
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) it is irregular or unacceptable, andor
Amendment 537 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the lifecycle of the work or supply.
Amendment 544 #
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 547 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 559 #
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 569 #
Proposal for a directive
Article 50
Article 50
Amendment 570 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. OneTwo or more contracting entities may agree to perform certain specific procurements jointly.
Amendment 571 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where one contracting entity alonthe conducts the of a procurement procedures concerned in all its stages from the publication of the call for competition to the end of the performance of the ensuing contract or contracts, that contracting entity shall have sole responsibility for fulfilling the obligations pursuant to this Directive in its entirety is carried out jointly by the contracting entities concerned, they shall be jointly responsible for fulfilling the obligations pursuant to this Directive. Contracting entities shall be deemed to conduct an award procedure jointly where one contracting entity manages the procedure on both its own behalf and on that of the other contracting entities concerned.
Amendment 572 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 2
Article 51 – paragraph 2 – subparagraph 2
However, where the conduct of the procurement procedures and the performance of the ensuing contracts is carried out by more than one of the participatingis not in its entirety carried out jointly by the contracting entities concerned, each shall continue to be responsible for fulfilling its obligations pursuant to this Directive in respect of the stages it conducts.
Amendment 580 #
Proposal for a directive
Article 52 – paragraph 5 – point c
Article 52 – paragraph 5 – point c
Amendment 585 #
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 1
Article 53 – paragraph 1 – subparagraph 1
Before launching a procurement procedure, contracting entities may conduct market consultations in order to assess the structure, capability and capacity of the market and/or to inform economic operators of their procurement plans and requirements.
Amendment 586 #
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
For this purpose, contracting entities may seek or accept advice from administrative support structures or from third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non-discrimination and transparency.
Amendment 590 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required of a works, service or supply and shall be linked to the subject matter of the contract.
Amendment 591 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2.
Amendment 596 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5
Article 54 – paragraph 1 – subparagraph 5
Where mandatory accessibility standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto.
Amendment 601 #
Proposal for a directive
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting entities to award the contract;
Amendment 604 #
Proposal for a directive
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, to national standards transposing European standards, European tTechnical approvalAssessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when any of those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘or equivalent’;
Amendment 606 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. UnlessWhen justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, or to a particular process which characterises the products or services, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘'or equivalent’'.
Amendment 610 #
Proposal for a directive
Article 54 – paragraph 5
Article 54 – paragraph 5
5. Where a contracting entity uses the option of referring to the specifications referred to in point (b) of paragraph 3, it shall not reject a tender on the ground that the works, supplies and services tendered for do not comply with the specifications to which it has referred, once the tenderer proves in its tender, by whatever appropriate means, including the means of proof referred to in Article 56, that the solutions which it proposes satisfy in an equivalent manner the requirements defined by the technical specifications.
Amendment 611 #
Proposal for a directive
Article 54 – paragraph 6 – subparagraph 2
Article 54 – paragraph 6 – subparagraph 2
In its tender, the tenderer shall prove by any appropriate means including those referred to in Article 56, that the supplies, service or work in compliance with the standard meets the performance or functional requirements of the contracting entity.
Amendment 613 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – introductory part
Article 55 – paragraph 1 – subparagraph 1 – introductory part
Where contracting entities lay down environmentin the technical, social or other characteristics of pecifications, the award criteria works, service or supply in terms of performance or functional requirements as ref the contract performance clauses, environmental, social or other red to in point (a) of Article 54 paragraph 3, they may requirequirements or criteria they may require a specific label, as means of proof that thoese works, services or supplies cor services bear a specific label,respond to such requirements or criteria provided that all of the following conditions are fulfilled:
Amendment 614 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point a
Article 55 – paragraph 1 – subparagraph 1 – point a
(a) the requirements forto be met in order to obtain the label only concern characteristicsriteria which are linked to the subject-matter of the contract and are appropriate to define the characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 616 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point b
Article 55 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label are drawn up on the basis of scientific information orto be met in order to obtain the label are based on other objectively verifiable and non-discriminatory criteria;
Amendment 617 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all relevant stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental and social organisations may participate,have a substantial role. Government bodies may participate but are not obligatory;
Amendment 621 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e
Article 55 – paragraph 1 – subparagraph 1 – point e
(e) the criteria ofrequirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label.
Amendment 622 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the specific label indicated by the contracting entities. For products that do not bear the label, contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proofContracting entities shall accept other appropriate means of proving such requirements, which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label, or no possibility of obtaining it within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. In order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 628 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1
Article 56 – paragraph 1 – subparagraph 1
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 specificationrequirements or criteria set out in the technical specifications, the award criteria or the contract performance clauses.
Amendment 629 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
Where contracting entities require the submission of certificates drawn up by recognised bodies attesting conformity with a particular technical specification,a specific assessment body certificates from equivalent other recognised bodies shall also be accepted by the contracting entities.
Amendment 631 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Contracting entities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to such certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 632 #
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Member States shall make available to other Member States, upon request, any information related to the evidence and documents submitted in accordance with Article 54(6), Article 55 and paragraphs 1, 2 and 3 of this Article to prove compliance with technical requirements. The competent authorities of the Member State of establishment of the economic operator shall provide this information in accordance with Article 96.
Amendment 633 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. On request from economic operators interested in obtaining a contract, contracting entities shall make available the technical specifications, the award criteria and the contract performance clauses regularly referred to in their supply, works or service contracts, or the technical specifications which they intend to apply to contracts for which the call for competition is a periodic indicative notice. Those specifications shall be made available by electronic means through unresfull direct access free of charge. Contriacted and full direct acing entities may ask under specific circumstancess free of chargeor name, address or other means to identify the tenderer.
Amendment 634 #
Proposal for a directive
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Where the technical specifications are based on documents available by electronic means through unrestricted and full direct access free of charge to interested economic operators, the inclusion of a reference to those documents shall be sufficient.
Amendment 635 #
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Contracting entities mayshall take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities as long as they are linked to the subject matter of the contract.
Amendment 641 #
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Contracting entities shall indicate in the specifications whether or not they authorise variants and, if so, the minimum requirements to be met by the variants and any specific requirements for their presentation. Where vVariants are authorised, they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variantsshall not be rejected without such indication.
Amendment 645 #
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In procedures for awarding supply or service contracts, contracting entities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.
Amendment 662 #
Proposal for a directive
Article 59 – paragraph 3 – subparagraph 3
Article 59 – paragraph 3 – subparagraph 3
Amendment 664 #
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 672 #
Proposal for a directive
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 673 #
Proposal for a directive
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Contracting entities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 65 or the date on which the invitation to confirm interest is sent. Contracting entities may ask under specific circumstances for the name, address or other means to identify the tenderer. Where the means of calling for competition is a notice on the existence of a qualification system, such access shall be offered as soon as possible and at the latest when the invitation to tender or to negotiate is sent. The text of the notice or of those invitations shall specify the internet address at which this documentation is accessible.
Amendment 678 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XIV and provided they are linked to the subject matter of the contract.
Amendment 688 #
Proposal for a directive
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Where contracting entities need to ensure an appropriate balance between the particular characteristics of the procurement procedure and the resources required to conduct it, they may, in restricted or negotiated procedures or in innovation partnerships, establish objective rules and criteria that reflect this need and enable the contracting entity to reduce the number of candidates that will be invited to tender or to negotiate. The number of candidates selected shall, however, take account of the need to ensure adequate competition.
Amendment 690 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1
Article 74 – paragraph 1 – subparagraph 1
The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures or in innovation partnerships may include the exclusion grounds listed in Article 55 of Directive 2004/18 on the terms and conditions set out therein, including Article 55(4) and (5) on self-cleaning measures.
Amendment 694 #
Proposal for a directive
Article 74 – paragraph 2
Article 74 – paragraph 2
2. The criteria and rules referred to in paragraph 1 may include the selection criteria set out in Article 56 of Directive 2004/18/EC on the terms and conditions set out therein, notably as regards the limits to requirements concerning yearly turnovers, the acceptance of self- declarations as well as the European Procurement Passport, as provided for under the second subparagraph of paragraph 3 of that Article.
Amendment 695 #
Proposal for a directive
Article 74 – paragraph 3
Article 74 – paragraph 3
3. For the purpose of applying paragraphs 1 and 2 of this Article, Articles 575 to 60 of Directive 2004/18/EC shall apply.
Amendment 696 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Article 75 – paragraph 1 – subparagraph 1
Where they request the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons, contracting entities shall refer to quality assurance systems based on the relevant European standards series certified by bodiesspecific conforming to the European standards series concerning certificationty assessment bodies.
Amendment 697 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2
Article 75 – paragraph 1 – subparagraph 2
Contracting entities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 698 #
Proposal for a directive
Article 75 – paragraph 2 – subparagraph 2
Article 75 – paragraph 2 – subparagraph 2
Contracting entities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 699 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which contracting entities shall base the award of contracts shall be one of the following:
Amendment 708 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 717 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Costs may be assessed, at the choice of the contracting entity, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77.
Amendment 728 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics, social and innovative characteristics;
Amendment 734 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving works and especially the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality;
Amendment 740 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d
Article 76 – paragraph 2 – subparagraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle, as referred to in point 22 of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in those processes and characterise the specific process of production or provision of the requested works, supplies or services.
Amendment 747 #
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting entity. They shall ensure the possibility of effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified. Contracting entities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteriabe accompanied by requirements which allow the information provided by the tenderers to be effectively verified.
Amendment 753 #
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 756 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – introductory part
Article 77 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting entities assess the costs using a life-cycle costing approach, they shall indicate in the procurement 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 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:
Amendment 758 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – 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;
Amendment 760 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point b
Article 77 – paragraph 2 – subparagraph 1 – point b
Amendment 761 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) The data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
Amendment 763 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 2
Article 77 – paragraph 2 – subparagraph 2
Amendment 767 #
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
3. Whenever aAny 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 isor as part of a European technical specification shall be deemed to meet the criteria as set out in Paragraph 2 and may be included in the award criteria referred to in Article 76 (1).
Amendment 773 #
Proposal for a directive
Article 78 a (new)
Article 78 a (new)
Article 78a Abnormally low tenders 1. If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting entity shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. Those details may relate in particular to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work, for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed; (e) the possibility of the tenderer to obtain State aid. 2. The contracting entity shall verify those constituent elements by consulting the tenderer, taking account of the evidence supplied. 3. Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanations. 4. Where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting entity, that the aid in question was granted legally. Where the contracting entity rejects a tender in these circumstances, it shall inform the Commission of that fact.
Amendment 774 #
Proposal for a directive
Article 78 b (new)
Article 78 b (new)
Amendment 775 #
Proposal for a directive
Article 78 c (new)
Article 78 c (new)
Amendment 776 #
Proposal for a directive
Article 79
Article 79
Amendment 817 #
Proposal for a directive
Article 80
Article 80
Contracting entities may lay down special conditions linked to the subject matter and relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 824 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In the procurement documents, the 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. When there is need of a special know-how and/or equipment, subcontractors should be named in the procurements contract by the main contractor.
Amendment 831 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 842 #
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 860 #
Proposal for a directive
Article 82 – paragraph 3 – subparagraph 2
Article 82 – paragraph 3 – subparagraph 2
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 or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive or in case of the take-over of the main contractors' signatory status by the contracting authority accordingly to the Member State provisions in line with Article 81.
Amendment 862 #
Proposal for a directive
Article 82 – paragraph 4
Article 82 – 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 12 and should it be higher, where it is below 520 % 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.
Amendment 877 #
Proposal for a directive
Article 82 – paragraph 6 – subparagraph 2
Article 82 – paragraph 6 – subparagraph 2
Amendment 878 #
Proposal for a directive
Article 82 – paragraph 7 – introductory part
Article 82 – paragraph 7 – introductory part
7. Contracting entities shall not have recourse to modifications of the contract in the following cases:where the modification would aim at compensating risks of price increases that have been hedged by the contractor.
Amendment 880 #
Proposal for a directive
Article 82 – paragraph 7 – point a
Article 82 – paragraph 7 – point a
Amendment 882 #
Proposal for a directive
Article 82 – paragraph 7 – point b
Article 82 – paragraph 7 – point b
Amendment 887 #
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
Amendment 890 #
Proposal for a directive
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
Where successive modifications which are beyond the control of the tenderer render the public contract impossible to perform, except for the tying-up of disproportionate investments, Member States shall ensure that tenderers can, under the conditions determined by the applicable national contract law: (a) ask for the compensation of any additional service necessary for the performance of the contract; (b) claim for the termination of the contract.
Amendment 897 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Amendment 899 #
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
Amendment 903 #
Proposal for a directive
Article 85 – paragraph 4
Article 85 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 65.
Amendment 906 #
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
Amendment 909 #
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Member States shall ensure that 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. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 931 #
Proposal for a directive
Article 93
Article 93
Amendment 952 #
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 1 – introductory part
Article 94 – paragraph 1 – subparagraph 1 – introductory part
1. Contracting entities shall keep appropriate information on each above threshold contract, framework agreement andor each time a dynamic purchasing system is established. This information shall be sufficient to permit them at a later date to justify decisions taken in connection with:
Amendment 953 #
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 2
Article 94 – paragraph 1 – subparagraph 2
Contracting entities shall document the progress of alltake appropriate steps to document the procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 957 #
Proposal for a directive
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission or the national oversight body where theyif it so request its.
Amendment 960 #
Proposal for a directive
Article 95 – paragraph 1
Article 95 – paragraph 1
1. The bodies established or appointed in accordance with Article 93 shall forward to the CommissionMember States shall ensure that the Commission receives every year an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 962 #
Proposal for a directive
Article 95 – paragraph 2
Article 95 – paragraph 2
Amendment 965 #
Proposal for a directive
Article 95 – paragraph 3 – point a (new)
Article 95 – paragraph 3 – point a (new)
(a) in the interests of administrative simplification, the statistical data may be collected on the basis of sampling, provided that its representativeness is not jeopardised;
Amendment 966 #
Proposal for a directive
Article 95 – paragraph 3 – point b (new)
Article 95 – paragraph 3 – point b (new)
(b) the confidential nature of the information provided is respected.
Amendment 967 #
Proposal for a directive
Article 95 – paragraph 5
Article 95 – paragraph 5
Amendment 969 #
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
Amendment 972 #
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic adviceinformation, guidance and assistance to contracting entities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting entity can obtain competent assistance and adviceinformation on individual questions.
Amendment 973 #
Proposal for a directive
Article 96 – paragraph 4
Article 96 – paragraph 4
Amendment 975 #
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 980 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. The delegation of power referred to in Articles 4, 35, 33, 38, 25, 65, 70, 77, 85 and 95 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Directive].
Amendment 981 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. The delegation of power referred to in Articles 4, 35, 33, 38, 25, 65, 70, 77, 85 and 95 may be revoked at any time by the European Parliament or by the Council. A 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.
Amendment 1002 #
Proposal for a directive
Annex 17 – table – rows 7 a to 7 l (new)
Annex 17 – table – rows 7 a to 7 l (new)
79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-9 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services