Activities of Sari ESSAYAH related to 2011/0438(COD)
Plenary speeches (1)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Public procurement
Amendments (78)
Amendment 97 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 101 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Job creation depends heavily on small and medium sized enterprises. SMEs have been able to offer new, sustainable jobs even in the times of economic crisis. As public authorities use around 18 % of GDP on public procurement, this legislative regime has significant impact on SMEs' ability to continue creating new jobs. Thus, public contracts should be made as accessible as possible for SMEs, both above and below the thresholds, which are defined in this Directive. In addition to the specific tools, which are tailored to enhance the involvement of SMEs in the public procurement market, Member States and contracting authorities should be strongly encouraged to create SME-friendly public procurement strategies. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193), which aims at helping member states create national strategies, programs and action plans in order to improve SMEs participation in these markets. Efficient public procurement policy has to be coherent. National, regional and local authorities have to rigorously apply the rules set in the Directive and on the other hand, implementing general policies designated to enhance SMEs access to public procurement markets will remain extremely important especially from the perspective of job creation;
Amendment 125 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 129 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, or transactions by the contracting authorities to raise money or capital, central bank services and operations conducted with the European Financial Stability Facility;
Amendment 146 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – 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.
Amendment 149 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – 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 public contract without applying this Directive to a legal person which it controls jointly with other contracting authorities, and the legal person over which the contracting authority or authorities exercise control may acquire goods and services from those public owners without applying this directive, where the following conditions are fulfilled:
Amendment 159 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no active private participation in the controlled legal person.
Amendment 166 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities, while one representative may represent one or many participating contracting authorities;
Amendment 173 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 177 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 190 #
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no active private participation in any of the contracting authorities involved.
Amendment 192 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
The absence of active private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the contract or of the conclusion of the agreement.
Amendment 195 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any active private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures.
Amendment 198 #
Proposal for a directive
Article 15 – title
Article 15 – title
Purpose and principles of procurement
Amendment 199 #
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. The purpose of this Directive is to safeguard the efficiency of the use of public funds, promote high-quality procurement, strengthen competition and the functioning of the public procurement markets and safeguard equal opportunities for companies and other providers in offering supply, service and public works contracts under competitive bidding for public procurement.
Amendment 202 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Contracting authorities must try to ensure that the contractors are of good reputation not having gravely broken against national or international environmental, social, labour or other relevant laws.
Amendment 218 #
Proposal for a directive
Article 22 – introductory part
Article 22 – introductory part
Amendment 219 #
Proposal for a directive
Article 22 – point a
Article 22 – point a
Amendment 220 #
Proposal for a directive
Article 22 – point b
Article 22 – point b
Amendment 221 #
Proposal for a directive
Article 22 – point c
Article 22 – point c
Amendment 222 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. This Directive does not prevent Member States from complying with ILO Convention 94 on Labour Clauses in public contracts.
Amendment 225 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 405 days from the date on which the contract notice was sent.
Amendment 226 #
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 230 days, provided that both of the following conditions are fulfilled:
Amendment 227 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 228 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3045 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 231 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 345 days from the date on which the invitation to tender is sent.
Amendment 235 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 105 days from the date of the invitation to tender.
Amendment 236 #
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 237 #
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. When the contracting authority makes corrections to the tender documents during the time limits mentioned in articles 1,2,3, and 4, there shall be 15 days prolongation of these time limits.
Amendment 239 #
Proposal for a directive
Article 29 a – title (new)
Article 29 a – title (new)
Amendment 240 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the contracting authorities and are of standardized quality, contracting authorities may use a dynamic purchasing system. The dynamic purchasing system shall be operated as a completely electronic process, open throughout its validity to any economic operator that satisfies the selection criteria.
Amendment 241 #
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36 a Service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 243 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 246 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2 (new)
Article 40 – paragraph 2 – subparagraph 2 (new)
The requirements shall be limited to the subject matter of the contract and the contracting authority must be able to follow up and control that the requirements are fulfilled;
Amendment 247 #
Proposal for a directive
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical specifications shall be formulated in one of the following waysorder of priority:
Amendment 248 #
Proposal for a directive
Article 40 – paragraph 3 – point -1 (new)
Article 40 – paragraph 3 – point -1 (new)
(-1) by reference to technical specifications and, in order of priority, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or — when 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 249 #
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
Amendment 250 #
Proposal for a directive
Article 40 – paragraph 3 – point c
Article 40 – paragraph 3 – point c
(c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications referred to in point (b-1) as a means of presuming conformity with such performance or functional requirements;
Amendment 251 #
Proposal for a directive
Article 40 – paragraph 3 – point d
Article 40 – paragraph 3 – point d
(d) by reference to the technical specifications referred to in point (b-1) for certain characteristics, and by reference to the performance or functional requirements referred to in point (a) for other characteristics.
Amendment 253 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific labels, provided that all of the following conditions are fulfilletheir underlying standards are approved by bodies recognized under Directive 98/34/EC and:
Amendment 255 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Job creation depends heavily on small and medium sized enterprises. SMEs have been able to offer new, sustainable jobs even in the times of economic crisis. As public authorities use around 18 % of GDP on public procurement, this legislative regime has significant impact on SMEs' ability to continue creating new jobs. Thus, public contracts should be made as accessible as possible for SMEs, both above and below the thresholds, which are defined in this Directive. In addition to the specific tools, which are tailored to enhance the involvement of SMEs in the public procurement market, Member States and contracting authorities should be strongly encouraged to create SME-friendly public procurement strategies. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193, which aims at helping Member States create national strategies, programs and action plans in order to improve SMEs participation in these markets. Efficient public procurement policy has to be coherent. National, regional and local authorities have to rigorously apply the rules set in this Directive and on the other hand, implementing general policies designated to enhance SMEs access to public procurement markets will remain extremely important especially from the perspective of job creation.
Amendment 259 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the label are set by a third party accredited according to the recognized accreditation standards, which is independent from the economic operator applying for the label.
Amendment 262 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
Amendment 264 #
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities mayshall authorise tenderers to submit variants where possible. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. VIf variants shall not be authorised without such indicationare not allowed, the contracting authorities shall explain in the tender documents why they are not allowed.
Amendment 269 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) human trafficking, use of child labour or other crimes against human rights.
Amendment 275 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct; gravely acting against the national social, environmental or labour laws of its home country or the country of the contracting authority or gravely neglecting workers' health and safety,
Amendment 301 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost. Where the award of a contract is based on the lowest cost, the contracting authority shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 312 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities 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 and provide the method for the calculation of life-cycle costs to any tenderer. The methodology used must fulfil all of the following conditions:
Amendment 320 #
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 230 % lower than the price or costs of the second lowest tender;
Amendment 338 #
Proposal for a directive
Article 70
Article 70
Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions 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 (hedgingusing different hedging strategies including using price adoption formulas) and that could substantially impact the performance of a contract.
Amendment 342 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 344 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 347 #
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2
Article 72 – 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. Neither shall the first subparagraph apply in the event of restructuring of the contracting authority, as the contracting authority has the right to transfer the agreement to a third party, who will be responsible for the duties of the contracting authority.
Amendment 348 #
Proposal for a directive
Article 72 – paragraph 4
Article 72 – 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 4 and where it is below 510 % 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 349 #
Proposal for a directive
Article 73 – paragraph 1 – introductory part
Article 73 – paragraph 1 – introductory part
Member States shall ensure that the national contract law is followed when terminating a public procurement contract. Member States may, when giving contracting authorities have the possibility, under the conditions determined by the applicable national contract law, to terminate a public contract during its term, whererequire that one of the following conditions is fulfilled:
Amendment 361 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 367 #
Proposal for a directive
Annex VIII – point 2 – introductory part
Annex VIII – point 2 – introductory part
Amendment 368 #
Proposal for a directive
Annex VIII – point 4
Annex VIII – point 4
(4) ‘'Common technical specification’' means a technical specification laid down in accordance with a procedure recognised by the Member States or, in the field of information and communication technologies, in accordance with Articles 9 and 10 of Parliament and Council Regulation [XXX] on European standardisation [and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and the Council] which has been published in the Official Journal of the European Union;
Amendment 374 #
Proposal for a directive
Annex 16 – column 2 - last row
Annex 16 – column 2 - last row
Amendment 530 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities, while one representative may represent one or many participating contracting authorities;
Amendment 535 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 587 #
Proposal for a directive
Article 15 – title
Article 15 – title
Purpose and principles of procurement
Amendment 589 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The purpose of this Directive is to safeguard the efficiency of the use of public funds, promote high-quality procurement, strengthen competition and the functioning of the public procurement markets and safeguard equal opportunities for companies and other providers in offering supply, service and public works contracts under competitive bidding for public procurement.
Amendment 646 #
Proposal for a directive
Article 22
Article 22
Amendment 688 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 405 days from the date on which the contract notice was sent.
Amendment 693 #
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 230 days, provided that both of the following conditions are fulfilled:
Amendment 698 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 700 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3045 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 706 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 345 days from the date on which the invitation to tender is sent.
Amendment 712 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 105 days from the date of the invitation to tender.
Amendment 714 #
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 715 #
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. When the contracting authority makes corrections to the tender documents during the time limits mentioned in paragraphs 1, 2, 3, and 4, there shall be 15 days prolongation of these time limits.
Amendment 787 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29 a A service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 955 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the label are set by a third party accredited according to the recognized accreditation standards, which is independent from the economic operator applying for the label.
Amendment 1221 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting authorities 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 and provide the method for the calculation of life-cycle costs to any tenderer. The methodology used must fulfil all of the following conditions:
Amendment 1312 #
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions 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 (hedgingusing different hedging strategies including using price adoption formulas) and that could substantially impact the performance of a contract.
Amendment 1378 #
Proposal for a directive
Article 73 – paragraph 1 – introductory part
Article 73 – paragraph 1 – introductory part
Member States shall ensure that the national contract law is followed when terminating a public procurement contract. Member States may, when giving contracting authorities have the possibility, under the conditions determined by the applicable national contract law, to terminate a public contract during its term, whererequire that one of the following conditions is fulfilled:
Amendment 1568 #
Proposal for a directive
Annex 8 – paragraph 1 – point 4
Annex 8 – paragraph 1 – point 4
(4) ‘'Common technical specification’' means a technical specification laid down in accordance with a procedure recognised by the Member States or, in the field of information and communication technologies, in accordance with Articles 9 and 10 of Parliament and Council Regulation [XXX] on European standardisation [and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and the Council] which has been published in the Official Journal of the European Union;