[ParlTrack]

Proposal for a directive
Recital 5

(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concerned.deleted

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Recital 5 a (new)

(5a) In keeping with the European Parliament resolutions of 14 January 2004, 10 March 2004 and 31 May 2006, the water sector should not be liberalised but should be modernised. It should therefore be excluded from the scope of this Directive.

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Recital 20

(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Recital 39

(39) In order to ensure adequate judicial protection of candidates and tenderers in the concession award procedures, as well as to make effective the enforcement of the rules of this Directive and of the Treaty principles, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors13 should also apply to services concessions and to works concessions awarded by both contracting authorities and contracting entities. Directives 89/665/EEC and 92/13/EEC should, therefore, be amended accordingly.deleted

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. This Directive shall not apply where a contracting authority performs its public interest tasks with its own resources or in cooperation with other contracting authorities.

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Article 8 – paragraph 1

1. This Directive shall not apply to services concessions ~~awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,~~concerning networks infrastructure related to the activities set out in Annex III, if (a) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published ~~national~~ law, regulation or administrative provision, ~~and which has been gra~~or (b) the services concession relates to an activity which, when this Directive entedrs in ~~accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure~~to force, is the subject of a nationally regulated tariff laid down in law or regulation, or (c) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published law, regulation or administrative provision, or in respect of services to which regulated ~~to the activities set out in annex III~~, non- discriminatory access is available when this Directive enters into force.

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)

(ga) civil protection, disaster prevention, emergency response and rescue and everyday hazard prevention services.

2012/10/23
Committee: IMCO

Werner KUHN

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)

(gb) drinking water production, distribution and supply services, sewage treatment and disposal services and the construction, maintenance and operation of the infrastructure used for those purposes.

2012/10/23
Committee: IMCO

8 Amendments of Werner KUHN related to 2011/0437(COD)

ParlTrack - 2011-2024