[ParlTrack]

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services under public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities~~, whether or not the works, supplies or services are intended for a public purpose~~.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point c

(c) arbitration and conciliation services, legal services and notarial services;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d

(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operations conducted with the European Financial Stability Facility and transactions to enable contracting authorities to raise money or capital;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d a (new)

(da) civil protection, disaster protection and day-to-day risk prevention;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d b (new)

(db) contracts to be awarded on the basis of special or exclusive rights compatible with the EU Treaties;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 2

2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or controlling entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point a

(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point b

(b) the agreement is governed only by considerations relating to the public interest, and the services and requisite ancillary services relate thereto;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point c

~~(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;~~deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point d

(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1

Member States shall ensure that, at the latest 2four years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2

In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the main award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations. ~~In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirements.~~

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b

~~(b) the part of the technical specifications which define the minimum requirements;~~deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c

(c) the main award criteria.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 28 – paragraph 2

2. Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs and requirements in the notice and/or in a descriptive document. At the same time and in the same documents, they shall also set out and define the main chosen award criteria.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a

(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered ~~and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request~~.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i

i) the absence of competition for legal or technical reasons;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by ~~force majeure~~events which the contracting authority could not have foreseen, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 54 – paragraph 2

2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply, at least in an equivalent manner, with obligations established by national or Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

(a) where it is aware of any violation of obligations established by national or Union legislation in the field of social and labour law or environmental law or of collective agreements such as wage agreements, for example, or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2

In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractual performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall be communicated to the contractor in question, which shall be given the opportunity to object to the findings and to obtain judicial protection.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 1

1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled: (a) the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders (b) the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender; (c) at least five tenders have been submitted.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – introductory part

3. ~~The explanations referred to in paragraphs 1 and 2~~If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. The explanations in question may in particular relate to:

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – point b

(b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – point d

(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed;

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 4

4. The contracting authority shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3. Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 5

5. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was ~~compatible with the internal market within the meaning of Article 107 of the Treat~~granted legally. Where the contracting authority rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 69 – paragraph 6

6. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the evidence and documents produced in relation to details listed in paragraph 3.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 71 – paragraph 2

2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall 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.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 71 – paragraph 3

3. Paragraphs 1 ~~and 2~~ shall be without prejudice to the question of the principal economic operator’s liability.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 75 – paragraph 1

~~1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.~~deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1

The notices referred to in paragraph~~s 1 and~~ 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2

~~The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.~~deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 75 – paragraph 4

4. The notices referred to in paragraph~~s 1 and~~ 2 shall be published in accordance with Article 49.

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 76 – paragraph 1

1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question.deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 84

~~[...]~~deleted

2012/07/24
Committee: REGI

Peter SIMON

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

2. Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities~~, whether or not the works, supplies or services are intended for a public purpose~~.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point c

(c) arbitration and conciliation services, legal services and notarial services;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d

(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27, central bank services and operations conducted with the European Financial Stability Facility and transactions to enable contracting authorities to raise money or capital;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d a (new)

(da) civil protection, emergency response and everyday hazard prevention;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 10 – paragraph 1 – point d b (new)

(db) contracts to be awarded on the basis of special or exclusive rights compatible with the EU Treaties;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) at least 980 % of the activities of thate legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 2

2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or controlling entities, or to another legal person controlled by the same contracting authority, provided that there is nonly passive private participation in the legal person being awarded the public contract.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point a

(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point b

(b) the agreement is governed ~~only~~ by considerations relating to the public interest, and the services and requisite ancillary services relate thereto;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point c

~~(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;~~deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 11 – paragraph 4 – point d

(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1

7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2

In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the main award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations. ~~In the technical specifications, contracting authorities shall specify which parts thereof define the the minimum requirements.~~

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b

~~(b) the part of the technical specifications which define the minimum requirements;~~deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c

(c) the main award criteria.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 28 – paragraph 2

2. Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs and requirements in the notice and/or in a descriptive document. At the same time and in the same documents, they shall also set out and define the main chosen award criteria.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a

(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not ~~substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request~~altered.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i

i) the absence of competition for legal or technical reasons;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by ~~force majeure~~events unforeseeable for the contracting authority, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 54 – paragraph 2

2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply, at least in an equivalent manner, with obligations established by national or Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

(a) where it is aware of any violation of obligations established by national or Union legislation in the field of social and labour law or environmental law or of collective agreements such as wage agreements, for example, or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2

In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractual performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall be communicated to the contractor in question, which shall be given the opportunity to object to the findings and to obtain judicial protection.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 1

1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled: (a) the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders (b) the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender; (c) at least five tenders have been submitted.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – introductory part

3. ~~The explanations referred to in paragraphs 1 and 2~~If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. The explanations in question may in particular relate to:

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – point b

(b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 3 – point d

(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed;

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 4

4. The contracting authority shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3. Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 5

5. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender ~~may~~can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was ~~compatible with the internal market within the meaning of Article 107 of the Treat~~granted legally. Where the contracting authority rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 69 – paragraph 6

6. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the evidence and documents produced in relation to details listed in paragraph 3.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 71 – paragraph 2

2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall 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.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 71 – paragraph 3

3. Paragraphs 1 ~~and 2~~ shall be without prejudice to the question of the principal economic operator’'s liability.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 75 – paragraph 1

~~1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.~~deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1

3. The notices referred to in paragraph~~s 1 and~~ 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2

~~The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.~~deleted

2012/07/12
Committee: IMCO

Peter SIMON, Evelyne GEBHARDT

Proposal for a directive
Article 75 – paragraph 4

4. The notices referred to in paragraph~~s 1 and~~ 2 shall be published in accordance with Article 49.

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 76 – paragraph 1

1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question.deleted

2012/07/12
Committee: IMCO

Peter SIMON

Proposal for a directive
Article 84

1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 5. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 6. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted applying instances of

2012/07/12
Committee: IMCO

82 Amendments of Peter SIMON related to 2011/0438(COD)

ParlTrack - 2011-2024