BETA

19 Amendments of Hermann WINKLER related to 2011/0437(COD)

Amendment 66 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 58 000 000:
2012/09/25
Committee: ITRE
Amendment 68 #
Proposal for a directive
Article 5 – paragraph 2
2. Services concessions the value of which is equal to or greater than EUR 2 500 000 but lower than EUR 5 000 000 other than social services and other specific services shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28.deleted
2012/09/25
Committee: ITRE
Amendment 87 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – introductory part
This Directive shall not apply to service concessions forawarded by a contracting authority to another contracting authority 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. Nor shall it apply in respect of:
2012/09/25
Committee: ITRE
Amendment 92 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, transactions by the contracting authorities to raise money or capital, central bank services and operations conducted with the European Financial Stability Facility (EFSF);
2012/09/25
Committee: ITRE
Amendment 94 #
Proposal for a directive
Article 8 – paragraph 5 – point g a (new)
(ga) services in relation to water supply, hydraulic engineering projects and sewage disposal and treatment;
2012/09/25
Committee: ITRE
Amendment 95 #
Proposal for a directive
Article 8 – paragraph 5 – point g b (new)
(gb) emergency services and civil protection;
2012/09/25
Committee: ITRE
Amendment 96 #
Proposal for a directive
Article 8 – paragraph 5 – point g c (new)
(gc) civic participation models in the energy field.
2012/09/25
Committee: ITRE
Amendment 100 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 980% of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;
2012/09/25
Committee: ITRE
Amendment 101 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
A contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/09/25
Committee: ITRE
Amendment 103 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 980% of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;
2012/09/25
Committee: ITRE
Amendment 104 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) there is no active private participation in the controlled legal person.
2012/09/25
Committee: ITRE
Amendment 105 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4; (b) those contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4 are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/09/25
Committee: ITRE
Amendment 107 #
Proposal for a directive
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation betweenpurpose of the partnership is the provision of a public service task in the public interest conferred on public authorities, or the pcarticipating contracting authorities or entities aimed at carrying-out of ancillary purchasing activities within the meaning of Article 2(17), which is necessary ing out jointlyrder to perform their public service tasks and involving mutual rights and obligations of the parties in the public interest. A pooling of tasks shall also be considered to exist where a municipality is merely obliged to make payment, provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively;
2012/09/25
Committee: ITRE
Amendment 109 #
Proposal for a directive
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interesttask is carried out solely by the public authorities concerned without the involvement of active private capital;
2012/09/25
Committee: ITRE
Amendment 111 #
Proposal for a directive
Article 15 – paragraph 4 – point c
(c) the participating contracting authorities or entities shall do not perform on the open market more than 10% in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/09/25
Committee: ITRE
Amendment 112 #
Proposal for a directive
Article 15 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities or entities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/09/25
Committee: ITRE
Amendment 113 #
Proposal for a directive
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involvdeleted.
2012/09/25
Committee: ITRE
Amendment 114 #
Proposal for a directive
Article 15 – paragraph 5
5. The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement. The exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessions need to be opened to competition through regular concession award procedures.deleted
2012/09/25
Committee: ITRE
Amendment 124 #
Proposal for a directive
Article 27 – paragraph 2
2. The obligation referred to in paragraph 1 shall also apply to those services concessions the estimated value of which, as calculated according to the method referred to in Article 6 (5), is equal to or higher than 2 500 000 EUR with the sole exception of social services and other specific services as referred to in Article 17.deleted
2012/09/25
Committee: ITRE