Activities of Jürgen CREUTZMANN related to 2011/0439(COD)
Shadow reports (1)
REPORT 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 sectors PDF (1 MB) DOC (2 MB)
Amendments (71)
Amendment 188 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) For all procurement it is necessary that contracting authorities ensure that the products, services and works subject to the contract meet the requirements of data protection law. In order to ensure and demonstrate the protection of the rights and freedoms of data subjects with regard to the processing of personal data, tenderers should adopt internal policies and implement appropriate technical and organisational measures at the time of the design of the processing of personal data (data protection by design).
Amendment 195 #
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting entities require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions, in case of standardised goods, ‘the lowest prize'.
Amendment 201 #
Proposal for a directive
Recital 46
Recital 46
(46) Thoese sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entauthorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entauthorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all internal costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, (such as use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 209 #
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entauthorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life- cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is partypublic contract and proportionate to the value and objectives of the contract.
Amendment 213 #
Proposal for a directive
Recital 50
Recital 50
(50) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the notice used to make the call for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfareor professional training. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long-term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
Amendment 223 #
Proposal for a directive
Recital 58
Recital 58
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
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 253 #
Proposal for a directive
Article 2 – point 4 – point c
Article 2 – point 4 – point c
(c) it is financed, for the most part, bywhich satisfy at least one of the following conditions: (i) the majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an(ii) the majority of the administrative, managerial or supervisory board, more than half of whose members are appointed is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law;.
Amendment 264 #
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources toacquisition to use, maintenance, disposal, clearance and finalisation;.
Amendment 265 #
Proposal for a directive
Article 2 – point 22 a (new)
Article 2 – point 22 a (new)
(22a) 'standardised products' means products which do not differ significantly in their composition or characteristics.
Amendment 301 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at their request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.
Amendment 304 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at their request of any activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union for information purposes, lists of the categories of activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information.
Amendment 317 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) 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, transactions to enable contracting authorities to raise money or capital and operations conducted with the European Financial Stability Facility;
Amendment 324 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority.
Amendment 337 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authoritygal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
Amendment 344 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50 % of its voting shares.
Amendment 349 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – 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. The above conditions shall apply mutatis mutandis if a contracting authority awards a public contract to a legal person it controls jointly with other contracting authorities.
Amendment 354 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity, 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 does not exceed 50 % of its voting shares.
Amendment 364 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried outgal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authoritiesy or for other legal persons controlled by the same contracting authoritieat contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
Amendment 373 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50 % of its voting shares.
Amendment 376 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point a
Article 21 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
Amendment 379 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point c
Article 21 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromcontrary to that of the public authorities affiliated to it;
Amendment 384 #
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co- operation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
Amendment 390 #
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this principle shall also apply to auxiliary services essential to the provision of services in the public interest;
Amendment 402 #
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
(d) the agreement does not primarily involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
Amendment 405 #
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involveddoes not exceed 50 % of its voting shares.
Amendment 430 #
Proposal for a directive
Article 24 – introductory part
Article 24 – introductory part
Contracting entities shall notify to the Commission or the national oversight body, at their request, the following information regarding the application of Article 22, paragraphs 2, 3 and Article 23:
Amendment 465 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that, atby the latest 2 years after the date provided for in Article 101(1), all1st January 2017, at least 70% of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100% of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 479 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1 – point b
Article 36 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers are required to submit at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authority shall indicate in the individual report referred to in Article 94 whether any candidate or tenderer has submitted a declaration.
Amendment 484 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. IfWhere the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.
Amendment 485 #
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3 a (new)
Article 36 – paragraph 3 – subparagraph 3 a (new)
Member States shall ensure that an individual who reports undisclosed conflicts of interest of other staff members referred to in paragraph 2(a) in good faith has the right to be protected against retaliation. Retaliation means any direct or indirect detrimental action recommended, threatened or taken against an individual because of such action.
Amendment 496 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 407 days from the date on which the contract notice was sent.
Amendment 498 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 305 days from the date on which the contract notice or the invitation to confirm interest is sent and may in no case be less than 15 days.
Amendment 500 #
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 2
Article 42 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 305 days from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent and may in no case be less than 15 days.
Amendment 505 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States mayshall provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement.
Amendment 506 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
In innovation partnerships, any economic operator may submit a request to participate in response to a call for competition in accordance with points (b) and (c) of Article 39(2)ontract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and coststhe need for which cannot be met by solutions already available on the market, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76(1)(a).
Amendment 530 #
Proposal for a directive
Article 44 – paragraph 1 – point j
Article 44 – paragraph 1 – point j
(j) for purchases of supplies under particularly advantageous conditions from either a supplier definitively winding up its business activities or the liquidators in an insolvency procedure, an arrangement with creditors or a similar procedure under national laws or regulations;
Amendment 540 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
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 560 #
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 589 #
Proposal for a directive
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either (i) clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
Amendment 593 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, provided that they are linked to the subject-matter of the contract and proportionate to the value and objectives of the contract.
Amendment 598 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5 a (new)
Article 54 – paragraph 1 – subparagraph 5 a (new)
For all procurement, technical specifications shall be drawn up so as to ensure that the products, services and works subject to the contract meet the requirements of data protection law at the time of the design of the processing of personal data (data protection by design).
Amendment 605 #
Proposal for a directive
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘'or equivalent’';
Amendment 607 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or to a particular process or development or business model or method, or to trade marks, patents, types or a specific origin or production withor location of production, as any such reference would have the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall systematically be accompanied by the words ‘"or equivalent’".
Amendment 667 #
Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Amendment 679 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
Amendment 682 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to authorities shall not award a contract to the tenderer submitting the best tender where they have established based on clear and sufficient evidence that the tender does not comply, 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 XIV.
Amendment 714 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice only where no other award criteria are available from an objective point of view, in particular for standardised products as defined in point 22a (new) of Article 2.
Amendment 716 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 727 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 731 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
(aa) costs over the life cycle in accordance with Article 67
Amendment 736 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entauthority, which must verify that replacements ensure equivalent organisqualification and qualityexperience;
Amendment 739 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d
Article 76 – paragraph 2 – subparagraph 2 – point d
Amendment 748 #
Proposal for a directive
Article 77 – paragraph 1 – introductory part
Article 77 – paragraph 1 – introductory part
1. Life-cycle costing shall to the extent relevant cover parts or all of the following costs borne by the contracting authority or other users over the life cycle of a product, service or works as defined in point (22) of Article 2:
Amendment 751 #
Proposal for a directive
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production(aa) costs, of use, such as energy consumption, of energy and other resources, (ab) maintenance costs and; (ac) end of life costs, such as collection and recycling costs and;
Amendment 752 #
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
Amendment 757 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
2. Where contracting entities assess the costs usingauthorities use a life- cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology used must fulfil all of the following conditions: (a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria; (b) it has been established for repeated or continuous application; (c) it is accessible to all interested partiesdata to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of these data.
Amendment 764 #
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 2
Article 77 – paragraph 2 – subparagraph 2
Amendment 766 #
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
Amendment 769 #
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2
Article 77 – paragraph 3 – subparagraph 2
Amendment 796 #
Proposal for a directive
Article 79 – paragraph 3 – point d
Article 79 – 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, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 801 #
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities 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, data protection law or environmental law or by the international social and environmental law provisions listed in Annex XIV.
Amendment 823 #
Proposal for a directive
Article 80
Article 80
Contracting entities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerationstraining measures for unemployed and young people. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 872 #
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 515 % 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 889 #
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure under Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting entity belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor who was unaware of the contracting authority’s breach of the law may claim compensation for the losses suffered as a result of the termination of the contract.
Amendment 935 #
Proposal for a directive
Article 93
Article 93
Amendment 956 #
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 2
Article 94 – paragraph 1 – subparagraph 2
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 959 #
Proposal for a directive
Article 95
Article 95
Article 95deleted
Amendment 978 #
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.
Amendment 992 #
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
Annex 8 – paragraph 1 – point 1 – point a
(ea) in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, rules relating to design (including data protection by design), symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;
Amendment 993 #
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of works contracts, the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting entity; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design (including data protection by design) and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;