8 Amendments of Erminia MAZZONI related to 2011/0437(COD)
Amendment 12 #
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law or administrative act, as is the case with concessions on State-owned maritime property for tourism and leisure use, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III, since such exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in article 8 (1) should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
Amendment 15 #
Proposal for a directive
Recital 19
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception should be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession, as is the case with owners of seaside businesses set up on property under concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly.
Amendment 29 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works. In the case of public property concessions for the provision of services to the public, the threshold shall be estimated and calculated on an annual basis.
Amendment 63 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Amendment 308 #
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law or an administrative act, as in the case of public-domain maritime concessions for recreational tourist purposes, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III, since such an exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in aArticle 8 (1) should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
Amendment 325 #
Proposal for a directive
Recital 19
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception should be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession, as is the case with owners of seaside businesses set up on property under concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly.
Amendment 467 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works. In the case of public- domain concessions for the provision of services to the public, the threshold shall be estimated and calculated on an annual basis.
Amendment 750 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) where the public property under concession has been assigned for the provision of seaside tourism services on the initiative and at the request of an economic operator and become a prerequisite for the operator’s business to the extent that, were the operator to lose the concession, it would forfeit the right of ownership of the business.