14 Amendments of Robert ROCHEFORT related to 2011/0438(COD)
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The services governed by the provisions of this directive are listed in Annex XVI A. Articles 74 to 76 of this directive apply to the contracts for specific services listed in Annex XVI B.
Amendment 401 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 500 000 for public contracts for social and other specific services listed in Annex XVI B.
Amendment 625 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 23 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.
Amendment 979 #
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities may authoriseprohibit tenderers tofrom submitting variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authoriseprohibit variants. Variants shall not be authorised without such indication.
Amendment 983 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variantWhere variants are not prohibited, contracting authorities shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 988 #
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
In procedures for awarding public supply or service contracts, contracting authorities thatwhich have authorisnot prohibited variants shallmay not reject a variant on the sole ground that it would, whereif successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.
Amendment 1038 #
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 1082 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 3
Article 56 – paragraph 1 – subparagraph 3
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 contract to be awarded. Consequently, in no case can a tender be rejected solely because it does not include a reference to previous contracts. All requirements shall be related and strictly proportionate to the subject- matter of the contract, taking into account the need to ensure genuine competition.
Amendment 1126 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender. Where the public contract concerns the supply of goods, particularly standardised goods, contracting authorities may base the award of the contract on the lowest cost criterion.
Amendment 1130 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1140 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1393 #
Proposal for a directive
Article 74
Article 74
Contracts for social and other specific services listed in Annex XVI B shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d).
Amendment 1585 #
Proposal for a directive
Annex 16
Annex 16
Amendment 1592 #
Proposal for a directive
Annex 16 a (new)
Annex 16 a (new)
Annex XVIa Annex XVIa - Part A Services referred to in Article 1 Categories Subject CPC reference CPV Reference No No [1] 1 Maintenance and repair 6112, 6122, 633, From 50100000-6 to 50884000-5 services 886 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 502290006, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services, 712 (except for including armoured car 71235), 7512, From 60100000-9 to 60183000-4 services, and courier 87304 (except for 60160000-7, 60161000-4, services, except 60220000-6), and from 64120000-3 to transport of mail 64121200-2 3 Air transport services of 73 (except for passengers and freight, 7321) From 60410000-5 to 60424120-3 except transport of mail (except for 60411000-2, 60421000-5), and 60500000-3 From 60440000-4 to 60445000-9 4 Transport of mail by 71235, 7321 60160000-7,60161000-4 60411000-2, land [2] and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to 64228200-2 services 72318000-7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, 814 a) Insurance services From 66100000-1 to 66720000-3 b) Banking and investment services [3] 7 Computer and related 84 From 50310000-1 to 50324200-4 services From 72000000-5 to 72920000-5 (except for 72318000-7 and from 72700000-7 to 72720000-3), 9342410- 4 8 R&D services [4] 85 From 73000000-2 to 73436000-7 (except for 73200000-4, 73210000-7, 73220000-0 9 Accounting, auditing 862 From 79210000-9 to 79223000-3 and bookkeeping services 10 Market research and 864 From 79300000-7 to 79330000-6, and public opinion polling 79342310-9, 79342311-6 services 11 Management consulting 865, 866 From 73200000-4 to 73220000-0 services [5] and related From 79400000-8 to 79421200-3 and services 79342000-3, 79342100-4 79342300-6, 79342320-2 79342321-9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 engineering services and From 71000000-8 to 71900000-7 integrated engineering (except for 71550000-8) and services; urban planning 79994000-8 and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except for 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 à services and property 82206 From 70300000-4 to 70340000-6, and management services from 90900000-6 to 90924000-0 15 Publishing and printing 88442 services on a fee or From 79800000-2 to 79824000-6 contract basis From 79970000-6 to 79980000-7 16 Sewage and refuse 94 From 90400000-1 to 90743200-9 disposal services; (except for 90712200-3 From sanitation and similar 90910000-9 to 90920000-2 and services 50190000-3, 50229000-6 50243000-0 (1) CPC Nomenclature (provisional version ), used to define the scope of Directive 92/50/EEC. (2) Except for rail transport services covered by category 18. (3) Except financial services relating to the issue, sale, purchase or transfer of securities and other financial instruments and services provided by central banks. Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (4) Except research and development services other than those where the benefits accrue exclusively to the contracting authority and/or contracting entity for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority. (5) Except arbitration and conciliation services. Annex XVIa - Part B Services referred to in Articles 4(d) and 74 Categories Subject CPC reference CPV Reference No No [1] 17 Hotel and restaurant 64 From 55100000-1 to 55524000-9, and services from 98340000-8 to 98341100-6 18 Rail transport services 711 From 60200000-0 to 60220000-6 19 Water transport services 72 From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 auxiliary transport From 63000000-9 to 63734000-3 services (except for 63711200-8, 63712700-0, 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 and supply services [2] From 79600000-0 to 79635000-4 (except for 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9) 23 Investigation and 873 (except for From 80100000-5 to 80660000-8 security services, except 87304) (except for 80533000-9, 80533100-0, armoured car services 80533200-1) 24 Education and 92 From 80100000-5 to 80660000-8 vocational education (except for 80533000-9, 80533100-0, services 80533200-1) 25 Health and social 93 79611000-0, and from 85000000-9 to services 85323000-9 (except for 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to 79995200-7, and and sporting services [3] from 92000000-1 to 92700000-8 (except for 92230000-2, 92231000-9, 92232000-6) 27 Other services (1) CPC Nomenclature (provisional version), used to define the scope of Directive 92/50/EEC. (2) Except employment contracts. (3) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time.