Activities of Gesine MEISSNER related to 2011/0439(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sector
Amendments (14)
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 2 – second subparagraph
Article 1 – paragraph 2 – second subparagraph
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, 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.
Amendment 42 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Contracts intended to enable an activity mentioned in Articles 5 to 11 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 28 can demonstrate that, in the Member State in which it is performed, the activity, or its specific sectors or segments, is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive. Such competition assessment, which will be made in the light of the information available to the Commission and for the purposes of this Directive, is without prejudice to the application of competition law.
Amendment 43 #
Proposal for a directive
Article 27 – paragraph 3 – first subparagraph
Article 27 – paragraph 3 – first subparagraph
For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the Member State has implemented and applied the Union legislation listed in Annex III or if the Member State has extended to the market in question the application of principles established by this legislation.
Amendment 44 #
Proposal for a directive
Article 28 – paragraph 1 – first subparagraph
Article 28 – paragraph 1 – first subparagraph
Where a Member State or, where the legislation of the Member State concerned provides for it, a contracting entity considers that, on the basis of the criteria set out in Article 27(2) and (3), a given activity is completely or partially, even with regard to single sectors or segments of it, directly exposed to competition on markets to which access is not restricted, it may submit a request to establish that this Directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity or of a single sector or segment of it.
Amendment 45 #
Proposal for a directive
Article 28 – paragraph 1 – second subparagraph
Article 28 – paragraph 1 – second subparagraph
Requests shall be accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activity concerned or a single sector or segment of it. This position shall thoroughly analyse the conditions for the possible applicability of Article 27(1) to the activity concerned in accordance with its paragraphs 2 and 3.
Amendment 46 #
Proposal for a directive
Article 28 – paragraph 2 – first subparagraph 1
Article 28 – paragraph 2 – first subparagraph 1
Upon request submitted in accordance with paragraph 1 of this Article, the Commission may, by way of an implementing decision adopted within the periods set out in paragraph 4 of this Article, establish whether an activity, or a single sector or segment of it, referred to in Articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing decisions shall be adopted in accordance with the advisory procedure referred to in Article 100(2).
Amendment 47 #
Proposal for a directive
Article 28 – paragraph 2 – second subparagraph – introductory part
Article 28 – paragraph 2 – second subparagraph – introductory part
Contracts intended to enable the activity concerned, or a single sector or segment of it, to be carried out and design contests that are organised for the pursuit of such an activity, or a single sector or segment of it, shall cease to be subject to this Directive in any of the following cases:
Amendment 51 #
Proposal for a directive
Article 45 – paragraph 1 – third subparagraph
Article 45 – paragraph 1 – third subparagraph
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.
Amendment 52 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 53 #
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 60 #
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 15% 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 61 #
Proposal for a directive
Article 94 – paragraph 1 – second subparagraph
Article 94 – paragraph 1 – second subparagraph
Contracting entities shall document the progress of all procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 63 #
Proposal for a directive
Annex III – point D – point 1
Annex III – point D – point 1
Rail Freight transport
Amendment 65 #
Proposal for a directive
Annex III – point D – point 2
Annex III – point D – point 2