26 Amendments of Lara COMI related to 2011/0438(COD)
Amendment 468 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 9100 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 790 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs (2)2 to (5)5 where the value of the contract is not more than EUR 500 000 in the case of public works contracts and not more than EUR 100 000 in the case of public service contracts.
Amendment 817 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 1
Article 30 – paragraph 5 – subparagraph 1
The negotiated procedure without prior publication may be foreseenllowed for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with Article 24(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded.
Amendment 818 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities when they apply Article 4.
Amendment 819 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
This procedure may be used only during the threewo years following the conclusion of the original contract.
Amendment 860 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
(a) This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 862 #
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementpublic service and supply contracts. This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 865 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities may purchase works, supplies and/or services from or through a central purchasing body. Member States shall encourage the use of centralised procurement auctioning procedures, especially where procurers are of a small size.
Amendment 973 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities 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 the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits. The means of proof must be supported by non-discriminatory verifiable scientific information.
Amendment 999 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonsthe reasons for its decision to split the contract into lots or otherwise.
Amendment 1045 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled: it has committed conclusively proven serious or repeated infringements of the rules governing social security contributions under the legal provisions of the country in which it is established or under those of the Member State of the contracting authority; it has committed conclusively proven serious or repeated infringements regarding obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.
Amendment 1074 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 1078 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
Amendment 1084 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 1
Article 56 – paragraph 3 – subparagraph 1
1. With regard to sufficient economic and financial standing, contracting authorities may require economic operators to have adequate financial and economic capacity. For that purpose, they may require that economic operators have a certain minimum yearly turnover during at least the past five years, including a certain minimum turnover in the area covered by the contract and an adequate professional risk indemnity insurance.
Amendment 1088 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 2
Article 56 – paragraph 3 – subparagraph 2
The aforesaid minimum yearly turnover shall not exceed three times the estimated contract value, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents.
Amendment 1091 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 3
Article 56 – paragraph 3 – subparagraph 3
Where a contract is divided into lots this Article shall apply in relation to each individual lot. However, the contracting authority may set the aforesaid minimum yearly turnover by reference to groups of lots for the event that the successful tenderer is awarded several lots to be executed at the same time.
Amendment 1100 #
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
2. At the latest 24 years after the date provided for in Article 92(1), the passport shall be provided exclusively in electronic form.
Amendment 1117 #
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 1204 #
Proposal for a directive
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. The award of contracts for intellectual services shall normally be based on the criterion in point (a) of paragraph 1. The lowest cost criterion may only be used in duly justified cases of uncomplicated, repetitive services that do not call for a multidisciplinary set of skills.
Amendment 1249 #
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilledt least five tenders have been submitted or, alternatively:
Amendment 1255 #
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders;
Amendment 1265 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 1293 #
Proposal for a directive
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. Contracting authorities shall automatically exclude any tender offering discounts higher than 50 % of the average price overall of all the tenders submitted.
Amendment 1311 #
Proposal for a directive
Article 70
Article 70
1. 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. 2. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that3. Member States may provide for economic operators foreseto receive compensations for risks in the event of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contractcould not be foreseen when the tender was submitted.
Amendment 1334 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
2. Member States mayshall provide in their own regulations that at the request of the subcontractor and where the nature of the contract so allows, it shall be possible for the contracting authority shallto transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.
Amendment 1367 #
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 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.