[ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 a (new)

1a. This Directive recognises the principle of free administration by contracting authorities and contracting entities in conformity with the Treaties. The latter will be free to decide how best to provide, organise and manage the execution of the work and the provision of the services for which they are responsible, in accordance with the legislative arrangements and the methods which they judge to be the most effective manner to ensure a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in public services.

2012/10/23
Committee: IMCO

Liisa JAAKONSAARI

Proposal for a directive
Article 1 – paragraph 1 b (new)

1b. The details of concession contracts, including regarding the transfer of operating risk and eventual payments from the grantor to the economic operator, shall be made public and open to scrutiny. Any subsequent modifications to the contract shall also be made public. Member states shall ensure that periodic evaluation of the performance of concessions shall be made public. Member states shall ensure that for public service concession contracts the same requirements for transparency and public control apply as for publically- delivered services.

2012/10/23
Committee: IMCO

Liisa JAAKONSAARI

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ~~a ‘public~~ (a) a "works concession’" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of works, where the consideration for the the works to be carried out consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment. y means of which one or more contracting authorities or contracting entities entrusts the execution of work to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment. (b) a 'services concession' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or contracting entities entrusts the operation of a service for which they are responsible to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the service which is the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of the substantial economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market and encompassing both demand and availability risk. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation and according to the provisions of the contract, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.

2012/10/23
Committee: IMCO

Liisa JAAKONSAARI

Proposal for a directive
Title 2 – chapter - 1 (new)

Chapter -I General principles Article -26 Freedom of the grantor to organise the procedure The grantor shall have the freedom to organise the procedure leading to the choice of concessionaire subject to compliance with the provisions of this Directive, the only two mandatory stages being the publication of a concession notice at the beginning of the procedure, except in the cases provided for in Article 17 and Article 26(5), and the publication of an award notice at the end of the procedure. Intermediate stages may be provided for during the award procedure by the grantor, such as the sending of an invitation to submit an offer to the candidates who have responded where appropriate to the concession notice. Article - 26 a General principles 1. Concessions shall be awarded on the basis of the criteria set out by the grantor in accordance with Article 38a provided that the following cumulative conditions are fulfilled: a) the tender complies with the requirements, conditions and criteria set out in the concession notice or in the invitation to submit a tender and in the concession documents; b) the tender comes from a tenderer who i) is not excluded from participating in the award procedure in accordance with paragraphs 5 and 7 of Article 36, and subject to paragraph 8 of Article 39, and ii) meets the selection criteria set out by the grantor in accordance with paragraphs 2 and 3 of Article 36. 2. During the concession award procedure, the grantor shall treat economic operators equally and shall act in a transparent and proportionate way. In particular, it shall not provide information in a discriminatory manner which may give some candidates or tenderers an advantage over others. The design of the concession award procedure shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. 3. The grantor and the economic operator shall respect obligations relating to social and employment protection and working conditions applying in the place where the concession is performed, as set out by collective agreements, national legislation and international labour law provisions. The grantor has the full freedom to specify in tender documents social and environmental criteria that go beyond these obligations. This includes compliance with ILO Convention No. 94, even where the Convention has not been implemented in national law.

2012/10/23
Committee: IMCO

4 Amendments of Liisa JAAKONSAARI related to 2011/0437(COD)

ParlTrack - 2011-2024