Activities of Licia RONZULLI related to 2011/0437(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the award of Concession Contracts
Amendments (12)
Amendment 9 #
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or servicesdesign and execution of works and their functional and economic management where the consideration consists, normally, in of the right to exploit the works or services that are the subject of the contracthat right together with payment. The execution of these works or services areis subject to specific binding obligations defined by the contracting authority or entity which areand compliance with these obligations is legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 26 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'contract for pecuniary interest' means a contract the cause of which is based on an exchange of benefits. This implies that each party may profit from the transaction and that such profit does not necessarily have to be of an economic nature;
Amendment 27 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) 'construction risk' means the risk inherent in delays in delivery, additional costs or inadequate standards;
Amendment 28 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 b (new)
Article 2 – paragraph 1 – point 14 b (new)
(14b) 'availability risk' means the risk inherent in the performance of the services that the private partner has to provide;
Amendment 29 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 c (new)
Article 2 – paragraph 1 – point 14 c (new)
(14c) 'demand risk' means the risk inherent in the different volumes of demand for the service which the private partner has to meet;
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Concessions the value of which is below the thresholds laid down in Article 5 may be granted directly without the need to issue an invitation to tender.
Amendment 36 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The estimated value of a concession shall be calculated ason the value of an entirety of works or services, even if purchased through different contracts, where the contracts are part of one single projebasis of all technical, functional and economic elements, even if those elements are part of different contracts. Indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked.
Amendment 55 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice or document the conditions for participation relating to:
Amendment 56 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the concession to be awarded. All requirements shall be related and strictly proportionate to the subject-matter of the contract, and shall takinge into account the need to ensure genuine competition.
Amendment 65 #
Proposal for a directive
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States may provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in compliance with paragraph 2. Those criteria may, in any case, include, in addition to price or costs, any of the following criteria:
Amendment 66 #
Proposal for a directive
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social interest, environmental characteristics and innovative character.
Amendment 78 #
Proposal for a directive
Annex 4 – heading 1
Annex 4 – heading 1
INFORMATION TO BE INCLUDED IN CONCESSION NOTICES OR IN THE CONCESSION DOCUMENT