21 Amendments of Pablo ARIAS ECHEVERRÍA related to 2011/0439(COD)
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. If one of the activities for which the contract is intended is subject to this Directive and the other to the abovementioned [2004/18] and if it is objectively impossible to determine for which activity the contract is principally intended, the contract shall be awarded in accordance with the abovementioned Directive [2004/18]applicability of this Directive shall be determined on the basis of the main subject-matter of the contract.
Amendment 271 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point a
Article 4 – paragraph 2 – subparagraph 2 – point a
(a) procurement procedures with a prior call for competition in conformity with Directive [2004/18/EC], [Directive … (concessions)], this Directive or othis Directiveer procurement procedures of Member States that have adopted the abovementioned directives, including for the awarding of concessions;
Amendment 345 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c a (new)
Article 21 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it;
Amendment 346 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c b (new)
Article 21 – paragraph 1 – subparagraph 1 – point c b (new)
Amendment 410 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, except for cases where private participation in the legal person which results in it becoming an affiliated undertaking takes place through any of the procedures provided for in this Directive or in Directives (replacing 2004/17/EC and 2004/18/EC).
Amendment 446 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
The design of the procurement shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. Procedures shall always be accompanied by suitable safeguards that ensure compliance with the principles of equal treatment and transparency, free competition, advertising and efficient management of public resources.
Amendment 452 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
However, in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualifications of the staff responsible for the performance of the contract in question.
Amendment 543 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 4
Article 45 – paragraph 2 – subparagraph 4
Contracting entities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 553 #
Proposal for a directive
Article 45 – paragraph 5 – point b
Article 45 – paragraph 5 – point b
(b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders;. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days.
Amendment 675 #
Proposal for a directive
Article 69 – paragraph 2 – introductory part
Article 69 – paragraph 2 – introductory part
2. On request from the party concerned, cContracting entities shall, as soon as possible, following the date of the award of the concession, the rejection of the request to participate, the rejection of the tender and in any case within 15 days from receipt of a written request, inform:
Amendment 754 #
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, including taxes, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 793 #
Proposal for a directive
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. Contracting authorities shall take into account compliance with labour law in procurement procedures for services which involve the substitution of staff and which are in economic sectors deemed labour intensive and to offer low added value; tenders for a price which involves labour costs which are lower than wages set out in collective bargaining agreements or the applicable legal minimum wage shall be considered abnormal and disproportionate.
Amendment 849 #
Proposal for a directive
Article 82 – paragraph 2 – introductory part
Article 82 – paragraph 2 – introductory part
2. A modification of a contract during its term shall be considered substantial within the meaning of paragraph 1, where it renders the contract substantially different from the one initially concluded. In any case, wWithout prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met:
Amendment 854 #
Proposal for a directive
Article 82 – paragraph 2 – point b
Article 82 – paragraph 2 – point b
(b) the modification changes the economic balance of the contract in favour of the contractor, as defined when the contract is awarded;
Amendment 856 #
Proposal for a directive
Article 82 – paragraph 2 – point c
Article 82 – paragraph 2 – point c
(c) the modification extends the scope of the contract considerably to encompass supplies, services or works not initially covered. However, the contract may also be extended, if an appropriate technical justification is provided beforehand, to cover supplies, services or works intimately linked to its original object.
Amendment 861 #
Proposal for a directive
Article 82 – paragraph 3 – subparagraph 2
Article 82 – 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, as a result of a contract clause, 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.
Amendment 867 #
Proposal for a directive
Article 82 – paragraph 4
Article 82 – 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 12 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 875 #
Proposal for a directive
Article 82 – paragraph 5
Article 82 – paragraph 5
5. Contract modifications shall not be considered substantial within the meaning of paragraph 1 where they have been provided for in the procurement documents in clear, precise and unequivocal review clauses or options, or where they are a result of errors or omissions in the procurement documents provided by the contracting authorities or entities. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract.
Amendment 883 #
Proposal for a directive
Article 82 – paragraph 7 – point b
Article 82 – paragraph 7 – point b
(b) where the modification would aim at compensating risks of price increases that have been hedged by the contractor without prejudice to cases where, irrespective of the provisions of this Article, it restores the economic balance of the contract.
Amendment 886 #
Proposal for a directive
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
Amendment 888 #
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c