[ParlTrack]

Proposal for a directive
Article 1 – paragraph 2 a (new)

(2a) The services governed by the provisions of this Directive are listed in Annex XVIIa, Part A. Articles 84 to 86 of this Directive apply to the contracts for specific services listed in Annex XVIIb, Part B.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 12 – c

(c) EUR 1 000 000 for contracts for social and other specific services listed in Annex XVIIa B.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 34 – paragraph 1

Member States shall ensure that, at the latest 23 years after the date provided for in Article 101(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.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1

Contracting ~~ent~~authorities may ~~take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entitie~~prohibit tenderers from submitting variants.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2

Contracting entities shall indicate in the specifications whether or not ~~they~~variants are banned. Where no such indication is made, it shall be understood that variants are authorised. Where variants a~~nd, if so,~~re not prohibited, contracting entities shall specify the minimum requirements to be met by the variants and any specific requirements for their presentation. ~~Where variants are authorised, t~~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.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 58 – paragraph 2

2. In procedures for awarding supply or service contracts, contracting entities that have ~~authoris~~not banned variants ~~shall~~may not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 70 – paragraph 6

6. In open procedures, contracting entities may decide to examine tenders before verifying the suitability of tenderers, provided that the relevant provisions of Articles 70 to 79 are observed, including the rule that the contract shall not be awarded to a tenderer who should have been excluded pursuant to Article 74 or who does not meet the selection criteria set out by the contracting entity in accordance with Article 72(1) and Article 74.deleted

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part

Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteriaon on which contracting entities shall base the award of 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.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~deleted

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~deleted

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Title 2 – chapter 3 – section 3 – subsection 2 a (new)

Subsection 2a Tenders comprising products originating in third countries and relations with those countries Article 79a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the European Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for European Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the European Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 72, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the products originating in third countries that are referred to in paragraph 2. 5. The Commission shall submit an annual report to the European Parliament and the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for European Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend this article in the light of these developments. Article 79b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of service contracts in third countries. 2. The Commission shall periodically report to the European Parliament and the Council on the opening up of service contracts in third countries and on progress in negotiations with these countries in this connection, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of service contracts, a third country: (a) does not grant European Union undertakings effective access comparable to that granted by the European Union to undertakings from that country; or (b) does not grant European Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than European Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international labour law provisions listed in Annex XIV when these undertakings have tried to secure the award of contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the European Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the European Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO. __________________ 1 OJ L 302, 19.10.1992, p. 1.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Article 84 – paragraph 1

Contracts for social and other specific services listed in Annex XVIIa(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 12(c).

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Annex 17

Annex ~~XVII~~deleted.

2012/09/03
Committee: IMCO

Robert ROCHEFORT

Proposal for a directive
Annex 17 a (new)

Annex XVIIa Annex XVIIa – part A Services referred to in Article 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, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services 712 (except From 60100000-9 to 60183000-4 (1), including armoured 71235), (except 60160000-7, 60161000-4, car services, and courier 7512, 87304 60220000-6), and from 64120000-3 to services, excluding 64121200-2 transport of mail 3 Air transport services: 73 (except 7321) From 60410000-5 to 60424120-3 passengers and freight, (except 60411000-2, 60421000-5), excluding transport of and 60500000-3 from 60440000-4 to mail 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 From 66100000-1 to 66720000-3 (a) Insurances services (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 72318000-7 and from 72700000-7 to 72720000- 3), 9342410-4 8 R&D services (4) 85 From 73000000-2 to 73436000-7 (except 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 consultant 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 From 71000000-8 to 71900000-7 engineering services and (except 71550000-8) and 79994000-8 integrated engineering services; urban planning 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 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 to From 70300000-4 to 70340000-6, and services and property 82206 from 90900000-6 to 90924000-0 management services 15 Publishing and printing 88442 From 79800000-2 to 79824000-6, and services on a fee or from 79970000-6 to 79980000-7 contract basis 16 Sewage and refuse 94 From 90400000-1 to 90743200-9 disposal services; (except 90712200-3 from 90910000-9 sanitation and similar to 90920000-2 and 50190000-3, services 50229000-6 50243000-0 ) (1) Except for rail transport services covered by Category 18. (2) Except for rail transport services covered by Category 18. (3) Except contracts for financial services in connection with the issue, purchase, sale or transfer of securities or other financial instruments, and central bank services. Also excluded are services for the acquisition or rental, by whatever financial means, of land, existing buildings, or other immovable property or concerning rights in respect thereof; 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) Excluding research and development services other than those where the benefits accrue exclusively to the contracting authority 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 XVII a – part B Services referred to in Article 12(c) and Article 84 Categories Subject CPC Reference CPV Reference No No 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 From 63000000-9 to 63734000-3 auxiliary transport (except 63711200-8, 63712700-0, services 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 From 79600000-0 to 79635000-4 and supply services (1) (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9 23 Investigation and 873 (except From 79700000-1 to 79723000-8 security services, except 87304) armoured car services 24 Education and 92 From 80100000-5 to 80660000-8 vocational education (except 80533000-9, 80533100-0, services 80533200-1); 25 Health and social 93 79611000-0, and from 85000000-9 to services 85323000-9 (except 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to 79995200-7, and and sporting services from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) 27 Other services (1) Except employment contracts.

2012/09/03
Committee: IMCO

14 Amendments of Robert ROCHEFORT related to 2011/0439(COD)

ParlTrack - 2011-2024