{"change_dates":[],"dossier":{"amendments":[{"authors":"Franck Proust, Marielle de Sarnez","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-29","location":[["Proposal for a directive","Recital 4"]],"meps":[108080,4335],"meta":{"created":"2019-07-03T05:11:40"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. Public procurement is","a key tool in the process of reframing","European industrial policy. For that","purpose, the current public procurement","rules adopted pursuant to Directive","2004/17/EC of the European Parliament","and of the Council of 31 March 2004","coordinating the procurement procedures","of entities operating in the water, energy,","transport and postal services sectors and","Directive 2004/18/EC of the European","Parliament and of the Council of 31 March","2004 on the coordination of procedures for","the award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"orig_lang":"fr","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-30","location":[[" Proposal for a directive","Recital 4 a (new)"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:40"},"new":["(4a) Internal Market and international","markets are increasingly interlinked,","therefore EU values, such as","transparency, a principled stance against","corruption, principle of reciprocity and","the advancement of social and human","rights should be appropriately promoted","in procurement policies."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-31","location":[[" Proposal for a directive","Recital 17"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:40"},"new":["(17) Certain categories of services","continue by their very nature to have a","limited cross-border dimension, for","example what are known as services to the","person such as certain social, health and","educational services. Those services are","provided within a particular context that","varies widely amongst Member States, due","to different cultural traditions. A specific","regime should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be of","interest to providers from other Member","States unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of those","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","entities are able to apply specific quality","criteria for the choice of service providers,","such as the criteria set out in the voluntary","European Quality Framework for Social","Services of the European Union's Social","Protection Committee. Member States","and/or contracting entities remain free to","provide those services themselves or to","organise social services in a way that does","not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","entity, without any limits or quotas,","provided such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"old":["(17) Other categories of services continue","by their very nature to have a limited cross-","border dimension, namely what are known","as services to the person such as certain","social, health and educational services.","Those services are provided within a","particular context that varies widely","amongst Member States, due to different","cultural traditions. A specific regime","should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be of","interest to providers from other Member","States unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of those","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","entities are able to apply specific quality","criteria for the choice of service providers,","such as the criteria set out in the voluntary","European Quality Framework for Social","Services of the European Union's Social","Protection Committee. Member States","and/or contracting entities remain free to","provide those services themselves or to","organise social services in a way that does","not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","entity, without any limits or quotas,","provided such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-32","location":[["Proposal for a directive","Recital 18"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:40"},"new":["(18) Being addressed to Member States,","this directive does not apply to","procurement carried out by international","organisations on their own behalf and for","their own account. There is, however, a","need to clarify to what extent this directive","should be applied to procurement governed","by specific international rules. The","European Institutions should, in","particular, take into account the changes","effected by this Directive and adjust their","own procurement rules accordingly to","reflect these changes."],"old":["(18) Being addressed to Member States,","this directive does not apply to","procurement carried out by international","","organisations on their own behalf and for","their own account. There is, however, a","need to clarify to what extent this directive","should be applied to procurement governed","by specific international rules."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-33","location":[[" Proposal for a directive","Recital 40"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:40"},"new":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union\u2019s financial","interests or money laundering. Non-","payment of taxes or social security","contributions and violations of","environmental or social obligations,","including rules on accessibility for","disabled persons, should also be","sanctioned by mandatory exclusion at the","level of the Union. Given that contracting","entities, which are not contracting","authorities, might not have access to","indisputable proof on the matter, it is","appropriate to leave the choice of whether","or not to apply the exclusion criteria listed","in Directive [2004/18] to such contracting","entities. The obligation to apply Article","55(1) and (2) of Directive [2004/18] should","therefore be limited to contracting entities","that are contracting authorities.","Furthermore, contracting entities should be","given the possibility to exclude candidates","or tenderers for forms of grave professional","misconduct, such as violations of","competition rules or of intellectual property","rights."],"old":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union\u2019s financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental","or social obligations, including rules on","accessibility for disabled persons or other","","forms of grave professional misconduct,","such as violations of competition rules or","of intellectual property rights."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-34","location":[["Proposal for a directive","Recital 43"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:40"},"new":["(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 the award criterion \"the most","economically advantageous tender\"."],"old":["(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."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-35","location":[["Proposal for a directive","Recital 44"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:41"},"new":["(44) With a view to awarding a contract to","the most economically advantageous","tender, contracting entities must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"old":["(44) Where contracting entities choose to","award a contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-36","location":[[" Proposal for a directive","Recital 47"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:41"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting authorities should be allowed","to refer to the monetisation of the life","cycle of the works, service or supply and","accordingly to social and environmental","sustainability, provided that these","characteristics are linked to the subject-","matter of the contract. The technical","specifications and award criteria should","be interpreted broadly. Contracting","authorities may also use the technical","specifications and award criteria to","minimise damaging social or","environmental effects or maximise","positive social or environmental effects.","As part of the award criteria, contracting","authorities should be able to consider the","existence of an embedded life-cycle","approach aiming at minimising cost and","maximising resource efficiency and which","should be applied in the framework of the","provision of works, services or supplies in","a way that does not discriminate directly or","indirectly against economic operators from","other Member States or from third","countries which are parties to the WTO's","Government Procurement Agreement, or","from other third countries with whom the","Union is party to a Free Trade Agreement.","Contracting authorities should also be","allowed to use as technical specifications","and award criteria the organisation,","qualification and experience of the staff","assigned to performing the contract in","question, as this may affect the quality","and social sustainability of contract","performance and, as a result, the","identification of the tender which offers","the best value for money. Contracting","authorities should include these","considerations in the award criterion of","the most economically advantageous","tender."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta, Sergio Gaetano Cofferati","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-37","location":[["Proposal for a directive","Recital 56 a (new)"]],"meps":[36396,96915],"meta":{"created":"2019-07-03T05:11:41"},"new":["(56a) Contracting entities should respect","the delay of payment as established in","Directive 2011/7/EU."],"old":[""],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Daniel Caspary","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-38","location":[[" Proposal for a directive","Article 12 a (new)"]],"meps":[28219],"meta":{"created":"2019-07-03T05:11:41"},"new":["Article 12a","When awarding contracts which, on","account of their value, are not covered by","this Directive, national contracting","entities shall be required to comply with","the principles of equal treatment, non-","discrimination and transparency."],"orig_lang":"de","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-39","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:41"},"new":["2. The contracting entities shall notify the","Commission or the national competent","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."],"old":["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."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-40","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point c"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:41"},"new":["(c) a particular procedure of an","international organisation, which has its","affiliation in the Member State;"],"old":["(c) a particular procedure of an","international organisation;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Yannick Jadot","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-41","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96740],"meta":{"created":"2019-07-03T05:11:41"},"new":["(b) at least 80 % of the activities of that","legal person are carried out for the","controlling contracting authority or for","other legal persons controlled by that","contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Yannick Jadot","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-42","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96740],"meta":{"created":"2019-07-03T05:11:41"},"new":["(b) at least 80 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-43","location":[[" Proposal for a directive","Article 53 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:41"},"new":["For this purpose, contracting entities may","seek or accept advice from administrative","support structures or from independent","third parties or market participants,","provided that such advice does not have the","effect of precluding competition and does","not result in a violation of the principles of","non-discrimination and transparency."],"old":["For this purpose, contracting entities may","seek or accept advice from administrative","support structures or from third parties or","market participants, provided that such","advice does not have the effect of","precluding competition and does not result","in a violation of the principles of non-","discrimination and transparency."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-44","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:42"},"new":["With a view to maximizing competition","and access of SMEs to public","procurement, contracts may be subdivided","into lots. Article 13(7) applies."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots.","Article 13(7) applies."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-45","location":[["Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:42"},"new":["Where contracting entity limits the","possibility to tender to one or more lots it","shall indicate it in the contract notice, in","the invitation to confirm interest, or, where","the means of calling for competition is a","notice on the existence of a qualification","system, in the invitation to tender or to","negotiate, or in the procurement","documents."],"old":["Contracting entities shall indicate, in the","contract notice, in the invitation to confirm","interest, or, where the means of calling for","competition is a notice on the existence of","a qualification system, in the invitation to","tender or to negotiate, whether tenders are","limited to one or more lots only."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-46","justification":" This paragraph could lead to contrary of what is the aim of the proposal, namely to enable\n better access of SMEs to public contracts, as it may lead to aggregation of procurement,\n excluding therefore SMEs.","location":[["Proposal for a directive","Article 59 \u2013 paragraph 3"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:42"},"new":["deleted"],"old":["3. Where more than one lot may be","awarded to the same tenderer, contracting","entities may provide that they will either","award a contract per lot or one or more","contracts, covering several or all lots.","Contracting entities shall specify in the","procurement documents whether they","reserve the right to make such a choice","and, if so, which lots may be grouped","together under one contract.","Contracting entities shall first determine","the tenders fulfilling best the award","criteria set out pursuant to Article 76 for","each individual lot. They may award a","contract for more than one lot to a","","tenderer that is not ranked first in respect","of all individual lots covered by this","contract, provided that the award criteria","set out pursuant to Article 76 are better","fulfilled with regard to all the lots covered","by that contract. Contracting entities shall","specify the methods they intend to use for","such comparison in the procurement","documents. Such methods shall be","transparent, objective and non-","discriminatory."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-47","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["5. Contracting entities shall not 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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-48","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criterion on which contracting entities","shall base the award of contracts shall be","the most economically advantageous","tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-49","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-50","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-51","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-52","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["The most economically advantageous","tender from the point of view of the","contracting authority shall be identified on","the basis of criteria linked to the subject-","matter of the public contract in question."],"old":["The most economically advantageous","tender referred to in point (a) of","paragraph 1) from the point of view of the","contracting entity shall be identified on the","basis of criteria linked to the subject-matter","of the contract in question."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-53","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:42"},"new":["Those criteria shall include in addition to","the price or costs \u2013 assessed, at the choice","of the contracting entity, on the basis of","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77 - other criteria linked to the","subject-matter of the contract in question,","such as:"],"old":["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 contract in question,","such as:"],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta, Sergio Gaetano Cofferati","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-54","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point - a a (new)"]],"meps":[36396,96915],"meta":{"created":"2019-07-03T05:11:42"},"new":["(- aa) decent working conditions, health","and safety at the workplace and respect","for the right to collective bargaining;","(this amendment should be inserted before","point (a) of this paragraph)"],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-55","location":[["Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:43"},"new":["deleted"],"old":["3. Member States may provide that the","award of certain types of contracts shall","be based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-56","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:43"},"new":["The contracting entity shall specify the","relative weighting which it gives to each of","the criteria chosen to determine the most","economically advantageous tender."],"old":["In the case referred to in point (a) of","paragraph 1, the contracting entity shall","specify the relative weighting which it","gives to each of the criteria chosen to","determine the most economically","advantageous tender."],"orig_lang":"it","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-57","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:43"},"new":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, if at least one of the","following conditions are fulfilled:"],"old":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where all of the following","conditions are fulfilled:"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-58","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:43"},"new":["(a) the price or cost indicated in a tender is","more than 50 % lower than the average","price or costs of the remaining tenders;"],"old":["(a) the price or cost charged is more than","50 % lower than the average price or costs","of the remaining tenders;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-59","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:43"},"new":["(aa) the price or cost indicated in a tender","is at least 40 % lower than the price or","cost estimated with due diligence, by a","contracting authority, taking into","consideration due taxes;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-60","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:43"},"new":["(b) the price or cost indicated in a tender is","at least 15 % lower than the price or costs","of the second lowest tender;"],"old":["(b) the price or cost charged is more than","20 % lower than the price or costs of the","second lowest tender;"],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-61","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point c"]],"meps":[28275],"meta":{"created":"2019-07-03T05:11:43"},"new":["deleted"],"old":["(c) at least five tenders have been","submitted."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marielle de Sarnez","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-62","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 2"]],"meps":[4335],"meta":{"created":"2019-07-03T05:11:43"},"new":["It shall 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."],"old":["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."],"orig_lang":"fr","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gianluca Susta","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-63","location":[[" Proposal for a directive","Article 79 a (new)"]],"meps":[36396],"meta":{"created":"2019-07-03T05:11:43"},"new":["Article 79a","Tenders comprising products and services","originating in third countries","1. This Article shall apply to tenders","covering products and services","originating in third countries with which","the Union has not concluded, whether","multilaterally or bilaterally, an agreement","ensuring comparable and effective access","for Community undertakings to the","markets of those third countries. This","Article shall also apply to tenders","covering products and services","originating in third countries that fall","within the scope of a market reservation","by the EU in an international agreement","(i.e. Free Trade Agreements and","Government Procurement Agreement). It","shall be without prejudice to the","obligations of the Union or its Member","States in respect of third countries","2. Contracting authorities and entities","may require tenderers to provide","information on the origin of the goods","and services contained in the tender, and","their value. Any tender submitted for the","award of a supply or service contract","where the value 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, and/or the value of","services as determined by the origin of the","natural or legal person providing the","service, exceeds 50 % of the total value of","the products or services constituting the","tender may be rejected under the","following conditions.","3. Upon request of contracting","authorities, the Commission shall assess","whether to approve, for contracts of an","estimated value equal or above EUR 5 000","000 exclusive of value-added tax (VAT)","the exclusion from procedures for the","award of contract tenders comprising","goods or services originating outside the","Union, if the value of goods or services","originating in a country with which the","Union has not concluded an international","agreement in the field of public","procurement including market access","commitments or goods or services","originating in a country with which the","Union has concluded such an agreement,","but in respect of which the agreement","does not apply, exceeds 50 % of the total","value of the goods or services constituting","the tender.","4. For contracts referred to in paragraph","3, the Commission shall adopt an","implementing act concerning the approval","of the intended exclusion. Those","implementing acts shall be adopted","according to the examination procedure.","5. When adopting implementing acts","pursuant to paragraph 4, the Commission","shall approve the intended exclusion in","the following cases:","(a) if the international agreement","concerning market access in the field of","public procurement between the Union","and the country where the goods and/or","services originate contains, for the goods","and/or services for which the exclusion is","proposed, explicit market access","reservations taken by the Union;","(b) where an agreement referred to in","point (a) does not exist and the third","country maintains restrictive procurement","measures leading to a lack of substantial","reciprocity in market opening between the","Union and the third country concerned.","For the purposes of point (b), a lack of","substantial reciprocity is presumed where","restrictive procurement measures result in","serious and recurring discriminations of","Union economic operators, goods and","services. When adopting implementing","acts pursuant to paragraph 4, the","Commission shall not approve an","intended exclusion where it would violate","market access commitments entered into","by the Union in its international","agreements.","6. When assessing whether a lack of","substantial reciprocity exists, the","Commission shall examine the following:","(a) to what degree public procurement","laws of the country concerned ensure","transparency in line with international","standards in the field of public","procurement and preclude any","discrimination against Union goods,","services and economic operators;","(b) to what degree public authorities","and/or individual procuring entities","maintain or adopt discriminatory","practices against Union goods, services","and economic operators.","7. Contracts concluded with an economic","operator in violation of Commission","implementing acts adopted pursuant to","paragraph 4 upon intended exclusion","notified by contracting authorities/","entities shall be declared ineffective","within the meaning of Directive","2007/66/EC.","(Replaces amendment 25 of the Draft","Opinion)"],"old":["","","","",""],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marielle de Sarnez","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-64","location":[["Proposal for a directive","Article 79 b (new)"]],"meps":[4335],"meta":{"created":"2019-07-03T05:11:43"},"new":["Article 79b","In accordance with the conditions laid","down in Articles 58 and 59 of Directive","2004/17/EC, certain 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","Union undertakings to the markets of","those third countries, may be rejected."],"orig_lang":"fr","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-65","location":[["Proposal for a directive","Article 92 \u2013 paragraph 1 a (new)"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:43"},"new":["(1a) Member States shall ensure that the","application of public procurement rules is","monitored including the implementation","of projects co-financed by the Union with","a view to detecting threats to the financial","interests of the Union. This monitoring","shall be used to prevent, detect and","adequately report possible instances of","procurement fraud, corruption, conflict of","interest and other serious irregularities.","Where monitoring authorities or","structures identify specific violations or","systemic problems, they shall be","empowered to refer those problems to","national auditing authorities, courts or","tribunals or other appropriate authorities","or structures, such as the ombudsman,","national Parliaments or committees","thereof."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-66","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1 b (new)"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:43"},"new":["(1b) The results of the monitoring","activities pursuant to paragraph 2 shall be","made available to the public through","appropriate means of information. In","particular, Member States shall publish,","at least biennially, an overview of the","most frequent sources of wrong","application or of legal uncertainty,","including possible structural or recurring","problems in the application of the rules,","hereunder possible cases of fraud and","other illegal behaviours.","Member States shall transmit to the","Commission on a biennial basis, a general","overview of their national sustainable","procurement policies, describing the","relevant national action plans and","initiatives and, where known, their","practical implementation. They shall also","indicate the success rate of SMEs in","public procurement; where it is lower","than 50% in terms of values of contracts","awarded to SMEs, Member States shall","indicate whether any initiatives are in","place to increase this success rate.","On the basis of the data received, the","Commission shall regularly issue a report","on the implementation and best practices","of such policies in the Internal Market."],"old":["",""],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Daniel Caspary","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-67","location":[["Proposal for a directive","Article 93"]],"meps":[28219],"meta":{"created":"2019-07-03T05:11:44"},"new":["Article 93 deleted","Public oversight"],"old":["264. 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 entities shall be subject to","such oversight.","265. 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 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) 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.","266. The oversight body shall be","responsible for the following tasks:","(a) monitoring the application of public","procurement rules and the related","practice by contracting entities and in","particular by central purchasing bodies;","(b) providing legal advice to contracting","entities 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 applying","comprehensive, actionable 'red flag'","indicator systems to prevent, detect and","adequately report instances of","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 entities, 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 92/13/EEC.","Member States shall empower the","oversight body to seize the jurisdiction","","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity.","267. 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 the 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.","","","268. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities'","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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,","it shall also retain the right to intervene in","accordance with the powers conferred to","it by the Treaty.","269. Contracting authorities shall","transmit to the national oversight body the","full text of all concluded contracts with a","value equal to or greater than","(h) 1 000 000 EUR in the case of supply","contracts or service contracts;","(i) 10 000 000 EUR in the case of works","contracts.","270. 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.","271. 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","mentioned in paragraph 2."],"orig_lang":"de","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["INTA"],"date":"2012-08-29T00:00:00","id":"PE494.675-68","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 3"]],"meps":[96919],"meta":{"created":"2019-07-03T05:11:44"},"new":["3. For all contracts above the thresholds","of this directive, Member States shall","ensure that this report contains the","estimated number and value of contracts","awarded during the year concerned,","broken down by categories of activity to","which Articles 5 to 11 refer and any other","information required to verify the proper","application of the WTO Government","Procurement Agreement. This shall","include the estimated number and value of","contracts awarded pursuant to a negotiated","procedure without a call for competition."],"old":["3. Member States shall ensure that this","report contains at least the number and","value of contracts awarded, broken down","by categories of activity to which Articles","5 to 11 refer and any other information","required to verify the proper application of","the Agreement. This shall include the","number and value of contracts awarded","pursuant to a negotiated procedure without","a call for competition, broken down","according to the circumstances referred to","in Article 44 and by categories of activity","to which Articles 5 to 11 refer. It shall","also specify the Member State or third","country of the successful contractor."],"orig_lang":"en","peid":"PE494.675v01-00","reference":"2011/0439(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.675+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-36","location":[["Proposal for a directive","Citation 1"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:32"},"new":["Having regard to the Treaty on the","Functioning of the European Union, and in","particular Article, 14, Article 53(1) and","Article 62 and Article 114 as well as","Protocol 26 thereof,"],"old":["Having regard to the Treaty on the","Functioning of the European Union, and in","particular Article 53(1) and Article 62 and","Article 114 thereof,"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-37","location":[["Proposal for a directive","Recital 2"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:32"},"new":["(2) Given the particular obligations","incumbent on states in relation to public","provision in the water, energy, transport","and postal services sectors, single market","criteria are applicable there to only a","limited extent."],"old":["(2) In order to guarantee the opening up","to competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and","in particular the free movement of goods,","the freedom of establishment and the","freedom to provide services as well as the","principles deriving therefrom, such as","equal treatment, non-discrimination,","mutual recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-38","justification":"Adaption to the new provisions of the Lisbon Treaty","location":[[" Proposal for a directive","Recital 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:32"},"new":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility.","Public procurement rules have to respect","the distribution of competences as","enshrined in Article 14 TFEU and","Protocol No 26. The application of those","rules should not interfere with the","freedom of public authorities to decide","how they carry out their public service","tasks."],"old":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-39","location":[["Proposal for a directive","Recital 4"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:32"},"new":["deleted"],"old":["(4) Public procurement plays a key role in","the Europe 202016 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council","of 31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small","and medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There","is also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of","related well-established case-law of the","Court of Justice of the European Union."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-40","location":[[" Proposal for a directive","Recital 4"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:32"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to enable procurers to","make better use of public procurement in","support of sustainable development and","employment and other common societal","goals, thereby increasing the efficiency of","public spending while ensuring the best","possible outcome in cost-benefit ratio","terms and facilitating in particular the","participation of small and medium-sized","enterprises in public procurement. There is","also a need to simplify Union public","procurement rules, particularly with","regard to the method to be used to attain","the sustainability objectives, which should","be included in public procurement policy,","and to clarify basic notions and concepts to","ensure better legal certainty and to","incorporate certain aspects of related well-","established case-law of the Court of Justice","of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There","is also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union.",""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-41","justification":" There should be no ambiguity that contracting authorities are allowed to set demands that go\n beyond current EU-legislation in specific areas.","location":[["Proposal for a directive","Recital 4"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:32"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to enable procurers to","make better use of public procurement in","support of sustainable development and","other common societal goals, thereby","increasing the efficiency of public","spending, ensuring best value for money","and facilitating in particular the","participation of small and medium-sized","enterprises in public procurement and to","enable procurers to make better use of","public procurement in support of common","societal goals. There is also a need to","simplify the Directives and to clarify basic","notions and concepts to ensure better legal","certainty and to incorporate certain aspects","of related well-established case-law of the","Court of Justice of the European Union.","This Directive provides legislation on how","to buy. Contracting entities may set","demands that are stricter or go further","than current EU-Legislation in order to","reach the common objectives."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","","Justice of the European Union."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-42","location":[[" Proposal for a directive","Recital 5"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:32"},"new":["(5) Under Articles 9, 10, and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and the concepts underlying","'socially sustainable' production processes","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development and,","throughout the supply chain, protecting","health and public safety and ensuring","compliance with social standards and","national and European labour laws. This","Directive clarifies how the contracting","authorities contribute to the protection of","the environment and the promotion of","sustainable development and use the","discretionary power assigned to them to","select the technical specifications and","award criteria most likely to achieve","socially sustainable public procurement","whilst establishing the necessary relation","to the subject matter of the contract and","ensuring that they can obtain the best value","for money."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts.",""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-43","justification":"Social considerations are not sufficiently well covered by the Commission proposal","location":[["Proposal for a directive","Recital 5"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:32"},"new":["(5) Under Article 9, 10 and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and social considerations","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development and how they can","use their discretionary power to select","technical specifications and award","criteria with the aim of achieving","sustainable public procurement, whilst","ensuring the link to the subject matter of","the contract and obtaining the best value","for money for their contracts."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-44","justification":" The \u2018horizontal social clause\u2019 must be taken into account in relation to public procurement as\n elsewhere. The procurement criteria should thus reflect that.","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(5a) Article 9 TFEU stipulates that the","Union must take into account","requirements linked to the promotion of a","high level of employment, the guarantee","of adequate social protection, the fight","against social exclusion, and a high level","of education, training and protection of","human health when defining and","implementing its policies and activities.","This Directive contributes to attaining","these objectives by encouraging","sustainable public procurement, the","integration of social criteria in all stages","of the procurement procedure and the","fulfilment of obligations relating to social","and employment conditions, workplace","health and safety, social security and","working conditions, as set out by EU and","national laws, regulations or","administrative provisions, arbitration","awards, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, that apply","in the place where the work, service or","supply is performed; these obligations","shall also apply in cross-border situations,","where workers from one Member State","provide services in another Member State."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-45","location":[["Proposal for a directive","Recital 5 b (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(5b) This Directive should not prevent","Member States from complying with ILO","Convention 94 on labour clauses in public","contracts, and encourages the inclusion","of labour clauses in public procurement."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-46","location":[["Proposal for a directive","Recital 7"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(7) To ensure, in the application of","procurement rules in the water, energy,","transport and postal services sectors, that","states are able to perform their task of","public provision, it is necessary that the","entities covered should not be subject to","uniform treatment to the same degree on","the basis of their public remit."],"old":["(7) To ensure a real opening up of the","market and a fair balance in the","application of procurement rules in the","water, energy, transport and postal services","sectors it is necessary for the entities","covered to be identified on a basis other","than their legal status. It should be","ensured, therefore, that the equal","treatment of contracting entities operating","in the public sector and those operating in","the private sector is not prejudiced. It is","also necessary to ensure, in keeping with","Article 345 of the Treaty on the","Functioning of the European Union, that","the rules governing the system of property","ownership in Member States are not","prejudiced."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-47","justification":" It is important to highlight these stipulations so that state decision makers are not pressured\n into privatisation solely on grounds of price, especially as competition in the form of under-\n bidding often results in wages being squeezed.","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(7a) Under Article 14 of the TFEU in","association with Protocol No 26 thereto,","national, regional and local authorities","enjoy wide discretion in decisions on","procurement in the field of services of","general interest."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-48","location":[[" Proposal for a directive","Recital 13"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:33"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure, as well as infringements","of labour, environmental, and public","health legislation and actions which","violate standards of work,, can result in","serious distortions of competition and in","violations of the basic principles of Union","law. Economic operators are therefore","required to submit a declaration on honour","that they do not engage in such illicit","activities and should be excluded if this","declaration proves to be false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false.","",""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-49","location":[["Proposal for a directive","Recital 13 a (new)"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:33"},"new":["(13a) International labour standards, ILO","conventions and recommendations should","be duly respected in all phases of the","procurement process."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-50","location":[["Proposal for a directive","Recital 14"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:33"},"new":["(14) Council Decision 94/800/EC of 22","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994), approved in particular the World","Trade Organisation Agreement on","Government Procurement, hereinafter","referred to as the \"Agreement\". The aim of","the Agreement is to establish multilateral","framework of balanced rights and","obligations relating to public contracts,","Member States should endeavour to place","Union and third country businesses on an","equal footing on the single market with a","view to facilitating the integration of","small and medium-sized enterprises","(SMEs) and stimulating employment and","innovation within the Union. For contracts","covered by the Agreement, as well as by","other relevant international agreements by","which the Union is bound, contracting","authorities fulfil the obligations imposed","by those various agreements by applying","this Directive to economic operators of","third countries that are signatories to the","agreements."],"old":["(14) Council Decision 94/800/EC of 22","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994)25 , approved in particular the World","Trade Organisation Agreement on","Government Procurement, hereinafter","referred to as the \u2018Agreement\u2019. The aim of","the Agreement is to establish a multilateral","framework of balanced rights and","obligations relating to public contracts with","a view to achieving the liberalisation and","expansion of world trade. For contracts","covered by the Agreement, as well as by","","other relevant international agreements by","which the Union is bound, contracting","entities fulfil the obligations under those","agreements by applying this Directive to","economic operators of third countries that","are signatories to the agreements."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Minodora Cliveti","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-51","location":[[" Proposal for a directive","Recital 31"]],"meps":[113597],"meta":{"created":"2019-07-03T05:23:33"},"new":["(31) In addition, new electronic purchasing","techniques are constantly being developed,","such as electronic catalogues. They help to","increase competition and streamline public","purchasing, particularly in terms of savings","in time and money. Certain rules should","however be laid down to ensure that such","use complies with the rules of this","Directive and the principles of equal","treatment, non-discrimination and","transparency. In particular where","competition has been reopened under a","framework agreement or where a dynamic","purchasing system is being used and where","sufficient social guarantees are offered in","respect of ensuring accessibility,","traceability, equal treatment and","predictability, contracting entities should","be allowed to generate tenders in relation","to specific purchases on the basis of","previously transmitted electronic","catalogues. In line with the requirements of","the rules for electronic means of","communication, contracting entities should","avoid unjustified obstacles to economic","operators\u2019 access to procurement","procedures in which tenders are to be","presented in the form of electronic","catalogues and which guarantee","compliance with the general principles of","non-discrimination and equal treatment."],"old":["(31) In addition, new electronic purchasing","techniques are constantly being developed,","such as electronic catalogues. They help to","increase competition and streamline public","purchasing, particularly in terms of savings","in time and money. Certain rules should","however be laid down to ensure that such","use complies with the rules of this","Directive and the principles of equal","treatment, non-discrimination and","transparency. In particular where","competition has been reopened under a","framework agreement or where a dynamic","purchasing system is being used and where","sufficient guarantees are offered in respect","of ensuring traceability, equal treatment","and predictability, contracting entities","should be allowed to generate tenders in","relation to specific purchases on the basis","of previously transmitted electronic","catalogues. In line with the requirements of","the rules for electronic means of","communication, contracting entities should","","avoid unjustified obstacles to economic","operators\u2019 access to procurement","procedures in which tenders are to be","presented in the form of electronic","catalogues and which guarantee","compliance with the general principles of","non-discrimination and equal treatment."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-52","location":[["Proposal for a directive","Recital 38"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:33"},"new":["(38) Public procurement should be","adapted to the needs of SMEs.","Contracting authorities should make use","of the Code of Best Practice providing","guidance on how they may apply the","public procurement framework in a way","that facilitates SME participation. In order","to encourage the involvement of small and","medium-sized enterprises (SMEs) in the","procurement market, contracting","authorities should in particular give","consideration to dividing contracts into","lots, whether homogenous or","heterogeneous, and ensure transparency","in access to information on their reasons","for doing so or choosing not to do so."],"old":["(38) In order to encourage the involvement","of small and medium-sized enterprises","(SMEs) in the procurement market, it","should be provided explicitly that contracts","may be divided into lots, whether","homogenous or heterogeneous. Where","contracts are divided into lots, contracting","entities may, for instance in order to","preserve competition or to ensure security","of supply, limit the number of lots for","which an economic operator may tender;","they may also limit the number of lots that","may be awarded to any one tenderer."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-53","location":[["Proposal for a directive","Recital 39 a (new)"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:33"},"new":["(39a) (1) Member States should introduce","measures to promote the access of SMEs","to public procurement, in particular","through improved information and","guidance on tendering and on the new","opportunities offered by the modernized","EU legal framework, and to foster the","exchange of best practice and the","organisation of training and events","involving public procurers and SMEs."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-54","justification":"The equal treatment of workers and the compliance with national laws is included in the\ncurrent directive; there is no reason for deletion. Recital 34 of the current Directive\n2004/18/EC: The laws, regulations and collective agreements, at both national and\nCommunity level, which are in force in the areas of employment conditions and safety at work\napply during performance of a public contract, providing that such rules, and their\napplication, comply with Community law.... If national law contains provisions to this effect,\nnon-compliance with those obligations may be considered to be grave misconduct or an\noffence concerning the professional conduct of the economic operator concerned, liable to\nlead to the exclusion of that economic operator from the procedure for the award of a public\ncontract.","location":[[" Proposal for a directive","Recital 40"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:33"},"new":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental,","labour or social obligations, including","rules on working conditions, collective","agreements and accessibility for disabled","persons or other forms of grave","professional misconduct, such as violations","of competition rules or of intellectual","property rights."],"old":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","","possibility to exclude candidates or","tenderers for violations of environmental or","social obligations, including rules on","accessibility for disabled persons or other","forms of grave professional misconduct,","such as violations of competition rules or","of intellectual property rights."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-55","location":[["Proposal for a directive","Recital 43"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:33"},"new":["(43) Contracts should be awarded on the","basis of objective criteria that ensure","compliance with the principles of","transparency, non-discrimination and equal","treatment. These criteria should guarantee","that tenders are assessed in conditions of","effective competition, at the same time","ensuring that contracting authorities","require high-quality works, supplies and","services that are optimally suited to their","needs and which include factors linked to","socially sustainable production process","criteria and decent jobs. 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 should refer to adequate","quality standards by using technical","specifications or contract performance","conditions."],"old":["(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 \u2018the most","","economically advantageous tender\u2019 or \u2018the","lowest cost\u2019, taking into account that in the","latter case they are free to set adequate","quality standards by using technical","specifications or contract performance","conditions."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-56","justification":" Experience shows that reliance on the criterion of lowest cost invariably leads to competition\n in the form of under-bidding, resulting in a squeeze on wages and other working conditions.\n\nThis is incompatible with Article 3 TFEU.","location":[[" Proposal for a directive","Recital 43"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(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 an award criterion \u2018an","economically advantageous tender\u2019,","taking into account that they are free to set","adequate quality standards by using","technical specifications or contract","performance conditions."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or","\u2018the lowest cost\u2019, taking into account that","in the latter case they are free to set","adequate quality standards by using","technical specifications or contract","performance conditions."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-57","location":[["Proposal for a directive","Recital 47"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 \u2018economically advantageous tender\u2019","characteristics related to the working","conditions of the persons directly","participating in the process of production","or provision in question. Those","characteristics may concern, in addition to","the protection of health of the staff","involved in the production process,","compliance with national, European and","international employment law and 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."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-58","location":[[" Proposal for a directive","Recital 51"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(51) The laws, regulations and collective","agreements that are in force in the areas of","employment conditions and safety at work","nationally, in the European Union and","internationally apply during the","performance of a contract. The principle of","equal pay for equal work in a comparable","job shall apply. Where national law","contains provisions to this effect, non-","compliance with those obligations may be","considered to be grave misconduct on the","part of the economic operator concerned,","liable to lead to the exclusion of that","economic operator from the procedure for","the award of a public contract."],"old":["(51) The laws, regulations and collective","agreements, at both national and Union","level, that are in force in the areas of","employment conditions and safety at work","apply during the performance of a contract,","provided that such rules, and their","application, comply with Union law. In","cross-border situations where workers","from one Member State provide services","in another Member State for the purpose","of performing a contract, 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 services","lays down the minimum conditions that","must be observed by the host country in","respect of such posted workers. Where","national law contains provisions to this","effect, non-compliance with those","obligations may be considered to be grave","misconduct on the part of the economic","operator concerned, liable to lead to the","exclusion of that economic operator from","the procedure for the award of a public","contract."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-59","justification":"It can thus be ensured that contracts are awarded in accordance with quality criteria rather\nthan competition in the form of under-bidding based on social dumping.","location":[["Proposal for a directive","Recital 51 a (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:33"},"new":["(51a) In the event of a change of","contractor, the new contractor might take","over workers from the former contractor.","In such cases, the relevant provisions of","Directive 2001/23/EC should be applied so","as to ensure appropriate employment and","working conditions for the workers","concerned."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-60","location":[["Proposal for a directive","Recital 55"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:34"},"new":["(55) In line with the principles of equal","treatment, traceability and transparency,","the successful tenderer should not be","replaced by another economic operator","without reopening the contract to","competition. However, the successful","tenderer performing the contract may","undergo certain structural changes during","the performance of the contract, such as","purely internal reorganisations, mergers","and acquisitions or insolvency. Such","structural changes should not automatically","require new procurement procedures for all","contracts performed by that undertaking."],"old":["(55) In line with the principles of equal","treatment and transparency, the successful","tenderer should not be replaced by another","economic operator without reopening the","contract to competition. However, the","successful tenderer performing the contract","may undergo certain structural changes","during the performance of the contract,","such as purely internal reorganisations,","mergers and acquisitions or insolvency.","Such structural changes should not","automatically require new procurement","procedures for all contracts performed by","","","that undertaking."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-61","location":[[" Proposal for a directive","Recital 58"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:34"},"new":["deleted"],"old":["(58) Member States should designate a","single national authority in charge of","monitoring, implementation and control","of public procurement. Such a central","body should have first hand and timely","information particularly in relation to","different problems affecting the","implementation of public procurement","law. It should be able to provide","immediate feedback on the functioning of","the policy, the potential weaknesses in","national legislation and practice and","contribute to the quick identification of","solutions. In view of efficiently fighting","corruption and fraud, this central body","and the general public should also have","the possibility to inspect the texts of","concluded contracts. High-value contracts","should hence be transmitted to the","oversight body with a possibility of","interested persons to have access to these","documents, to the extent that legitimate","public or private interests are not","jeopardized."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-62","location":[[" Proposal for a directive","Recital 59"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:34"},"new":["deleted"],"old":["(59) Not all contracting entities may have","the internal expertise to deal with","economically or technically complex","contracts. Against this background,","appropriate professional support would be","an effective complement to monitoring","and control activities. On the one hand,","this objective can be achieved by","knowledge sharing tools (knowledge","centres) offering technical assistance to","contracting entities; on the other hand,","business, not least SMEs, should benefit","from administrative assistance, in","particular when participating in","procurement procedures on a cross-","border basis."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-63","location":[["Proposal for a directive","Recital 59 a (new)"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:34"},"new":["(59a) Citizens, concerned stakeholders,","organised or not, and other persons or","bodies which do not have access to review","procedures pursuant to Council Directive","89/665/EEC do nevertheless have a","legitimate interest as taxpayers in sound","procurement procedures. They should","therefore be given a possibility to signal","possible violations of this Directive to a","competent authority or structure. So as","not to duplicate existing authorities or","structures, Member States should be able","to provide for recourse to general","monitoring authorities or structures,","sectoral oversight bodies, municipal","oversight authorities, competition","authorities, the ombudsman or national","auditing authorities."],"old":[""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-64","justification":" The Procurement Directive does only apply to \u2018procurements\u2019 including lease and hire\n activities. According to the ruling of the European Court (ECJ) works, supplies or services\n that are not intended for a public purpose and are not in the direct benefit of the contracting\n authority are not subject to procurement law (C-451/08).","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:34"},"new":["Procurement within the meaning of this","Directive is the purchase of works, supplies","or services via public contracts by one or","more contracting entities from economic","operators chosen by those contracting","entities, provided that the works, supplies","or services are intended for the pursuit of","one of the activities referred to in Articles","5 to 11. This directive does thus not cover","procurement which is not connected to","utility activities."],"old":["Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-65","justification":"This notion is too general and too vague.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:34"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-66","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 \u2013 point a"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:34"},"new":["(a) EUR 500 000 for supply and service","contracts as well as for design contests;"],"old":["(a) EUR 400 000 for supply and service","contracts as well as for design contests;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-67","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 \u2013 point b"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:34"},"new":["(b) EUR 6 000 000 for works contracts;"],"old":["(b) EUR 5 000 000 for works contracts;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-68","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 \u2013 point c"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:34"},"new":["deleted"],"old":["(c) EUR 1 000 000 for contracts for social","and other specific services listed in Annex","XVII."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-69","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:34"},"new":["When awarding contracts which, on","account of their value, are not covered by","this Directive, national contracting","entities shall be required to comply with","the principles of equal treatment, non-","discrimination and transparency."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-70","justification":"To reintroduce Article 25 from the current Directive 2004/17/EC. This Article is important for\noperations of services of general economic interest it excludes public service contracts that\nare based on an exclusive right enshrined in public law, regulations or administrative\nprovision, compatible with the Treaty. The ECJ has applied this provision in C-360/96.","location":[[" Proposal for a directive","Article 19 a (new)"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:34"},"new":["Article 19a","Service contracts awarded on the basis of","exclusive rights","This Directive shall not apply to service","contacts awarded to an entity which is","itself a contracting authority within the","meaning of Article 2 (1) or to an","association of contracting authorities on","the basis of an exclusive right which they","enjoy pursuant to a published law,","regulation or administrative provision","which is compatible with the Treaty."],"old":["",""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-71","location":[["Proposal for a directive","Article 19 b (new)"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:34"},"new":["Article 19b","Specific Regimes to deliver SGI","This directive shall not apply to tried and","tested Member State procedures that are","based on the user\u2019s free choice of service","providers (i.e. voucher system, free choice","model, triangular relationship) as well as","the principle that all providers which are","able to comply with the conditions","previously laid down by law should,","irrespective of their legal form, be","permitted to provide services, provided","that account is taken of the general","principles of equal treatment,","transparency and non-discrimination."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-72","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(b) at least 80% of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authority or for other legal persons","controlled by that contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-73","justification":" There has to be a clear distinction between public-public cooperation and public-private\n partnerships. However in some Member States private participation might be an obligation\n enforced by law.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(c) there is no private participation in the","controlled legal person, with the exception","of legally enforced forms or private","participation."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-74","justification":"Point (a) of subparagraph 1 is clear enough - no repetition needed.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-75","location":[["Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["2. Paragraph 1 also applies where a","controlled entity which is a contracting","authority awards a contract to its","controlling entity or 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 with the","exception of legally enforced forms or","private participation."],"old":["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."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-76","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["A contracting authority, which does not","exercise over a legal person control within","the meaning of paragraph 1, may","nevertheless award a contract outside the","scope of this Directive to a legal person","which it controls jointly with other","contracting authorities, where the","following conditions are fulfilled:"],"old":["A contracting authority, which does not","exercise over a legal person control within","the meaning of paragraph 1, may","nevertheless award a contract without","applying this Directive to a legal person","which it controls jointly with other","contracting authorities, where the","following conditions are fulfilled:"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-77","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(b) at least 80 % of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authorities or other legal persons controlled","by the same contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-78","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(c) there is no private participation in the","controlled legal person, with the exception","of legally enforced forms or private","participation."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-79","justification":" This far-reaching interpretation of the ECJ ruling is unnecessary and does not contribute to\n make the text short and precise.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-80","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 introductory part"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["4. An agreement concluded between two or","more contracting authorities shall not be","deemed to be a 'works, supply or service","contract' within the meaning of point 7 of","Article 2 of this Directive and thus falls","outside this Directive, where the following","cumulative conditions are met:"],"old":["4. An agreement concluded between two or","more contracting authorities shall not be","deemed to be a \u2018works, supply or service","contract\u2019 within the meaning of point 7 of","Article 2 of this Directive, where the","following cumulative conditions are met:"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-81","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(a) the purpose of the partnership is the","provision of a public-service task","conferred on all participating public","authorities, or the provision of an","ancillary task necessary to deliver the","public service task conferred on all the","public authorities;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-82","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["deleted"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-83","justification":"This clarification is necessary in order not to create legal disputes.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(c) the participating public authorities do","not perform on the open market more than","20 % in terms of turnover of the activities","which are subject of the contract;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-84","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["deleted"],"old":["(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;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-85","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point e"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["(e) the task is carried out solely by the","public authorities concerned, with no","participation of a private party with the","exception of contracting authorities","participating in the cooperation as a","public law body in the sense of Article","2(4)"],"old":["(e) there is no private participation in any","of the contracting authorities involved."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-86","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures,","unless the private participation is legally","enforced and/or the private participation","was not foreseeable at the time of the","initial contracting."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-87","location":[["Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2 a (new)"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:35"},"new":["However transferring tasks between","public sector organisations is a matter for","the Member States' internal","administrative organisation and not","subject to procurement law."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-88","location":[["Proposal for a directive","Article 30 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:35"},"new":["Groups of economic operators may submit","tenders or put themselves forward as","candidates. Contracting entities shall not","establish specific conditions for","participation of such groups in","procurement procedures which are","additional or different to those conditions","imposed on individual candidates. In order","to submit a tender or a request to","participate, those groups shall not be","required by the contracting entities to","assume a specific legal form."],"old":["Groups of economic operators may submit","tenders or put themselves forward as","candidates. Contracting entities shall not","establish specific conditions for","participation of such groups in","procurement procedures which are not","imposed on individual candidates. In order","to submit a tender or a request to","participate, those groups shall not be","required by the contracting entities to","","assume a specific legal form."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-89","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:23:35"},"new":["Member States may restrict the right to","participate in public procurement","procedures to the following:"],"old":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social","and professional integration of disabled","and disadvantaged workers or provide for","such contracts to be performed in the","context of sheltered employment","programmes, provided that more than","30% of the employees of those workshops,","economic operators or programmes are","disabled or disadvantaged workers."],"orig_lang":"lt","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-90","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1 \u2013 point a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:23:36"},"new":["(a) sheltered workshops or social","enterprises, or may provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that the majority of the","employees concerned are disabled persons","who, by reason of the nature or the","seriousness of their disabilities, cannot","carry on occupations under normal","conditions or easily find employment on","the ordinary market;"],"old":[""],"orig_lang":"lt","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-91","location":[["Proposal for a directive","Article 31 \u2013 paragraph 1\u2013 point b (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:23:36"},"new":["(b) sheltered workshops or social","enterprises and programmes whose main","aim is the social and professional","integration of disabled or disadvantaged","workers, provided that more than 30 % of","the employees of those economic","operators or programmes are","disadvantaged workers."],"orig_lang":"lt","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-92","justification":" The term \u2018disadvantaged persons\u2019 needs to be specified as it is much wider than\n \u2018handicapped persons\u2019 referred to in the current Directives. This definition creates more legal\n clarity.","location":[["Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:36"},"new":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled","and/or disadvantaged persons.","'Disadvantaged persons' includes","amongst others: the unemployed, people","experiencing particular difficulty in","achieving integration, people at risk of","exclusion, members of vulnerable groups","and members of disadvantaged minorities."],"old":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","","operators or programmes are disabled or","disadvantaged workers."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Minodora Cliveti","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-93","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[113597],"meta":{"created":"2019-07-03T05:23:36"},"new":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social","inclusion and professional integration of","disabled and disadvantaged workers such","as the long-term unemployed, women,","young people and migrants or provide for","such contracts to be performed in the","context of sheltered employment","programmes, provided that more than 30%","of the employees of those workshops,","economic operators or programmes are","disabled or disadvantaged workers."],"old":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled or","disadvantaged workers."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Minodora Cliveti","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-94","location":[["Proposal for a directive","Article 31 \u2013 paragraph 1 a (new)"]],"meps":[113597],"meta":{"created":"2019-07-03T05:23:36"},"new":["Member States shall safeguard the","implementation of adequate training and","social standards within the employment","programmes or workshops designed for","disabled or disadvantaged workers."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ramona Nicole M\u0103nescu","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-95","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 4"]],"meps":[39717],"meta":{"created":"2019-07-03T05:23:36"},"new":["For all procurement, the subject of which is","intended for use by persons, whether","general public or staff of the contracting","entity, those technical specifications shall","be drawn up so as to take into account","accessibility criteria for people with","disabilities or design for all users other","than, by way of exception, in duly justified","cases, which shall be stated in the call for","competition and the tender documents."],"old":["For all procurement, the subject of which is","intended for use by persons, whether","general public or staff of the contracting","entity, those technical specifications shall,","except in duly justified cases, be drawn up","so as to take into account accessibility","criteria for people with disabilities or","design for all users."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-96","location":[["Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point d a (new)"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:36"},"new":["da. the organisation, qualification and","experience of the staff assigned to","performing the contract in question."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-97","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all relevant","stakeholders, including consumers,","manufacturers, trade unions, distributors","and environmental and social","organisations have a substantial role.","Government bodies may participate but","are not obligatory;"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government","bodies, consumers, manufacturers,","distributors and environmental","organisations may participate,"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-98","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96694],"meta":{"created":"2019-07-03T05:23:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors and","environmental or social organisations may","participate,"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors and","environmental organisations may","participate,"],"orig_lang":"lt","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-99","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point e"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:36"},"new":["(e) the requirements to be met in order to","obtain the label are set by a third party","which is independent from the economic","operator applying for the label."],"old":["(e) the criteria of the label are set by a","third party which is independent from the","economic operator applying for the label."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-100","justification":" In order not to discriminate those tenderer who invest time and money for certificates or test\n reports, the burden for providing equivalence should be placed on the tenderer claiming\n equivalence.","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the specific label","indicated by the contracting entities.","Contracting entities shall accept other","appropriate means of proving such","requirements, which may include a","technical dossier of the manufacturer","where the economic operator concerned","has no access to the label, or no possibility","of obtaining it within the relevant time","limits, provided that the lack of access is","not attributable to the economic operator","concerned. In order not to discriminate","those tenderers who invest time and","money for certificates, the burden for","providing equivalence with a specific label","should be placed on the tenderer claiming","equivalence."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof.",""],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-101","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 2 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:23:36"},"new":["2a. Contracting authorities may require","operators to have, or give preference to","operators who have, labelling that","certifies compliance with additional cross-","cutting social and environmental criteria,","even where such criteria do not","necessarily relate directly to the subject of","the contract."],"orig_lang":"lt","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-102","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:36"},"new":["5. Contracting entities shall decide not to","award a contract to the tenderer submitting","the best tender where they have established","that the tender does not comply with","obligations in the field of social and labour","law or environmental law established by","Union or national legislation or by","collective agreements according Member","States practices and traditions, or by the","international social and environmental law","provisions listed in Annex XIV."],"old":["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 or","environmental law or of the international","social and environmental law provisions","listed in Annex XIV."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-103","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:36"},"new":["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, with","obligations established by Union or","national legislation in the field of social","and labour law or environmental law or","collective agreements which apply in the","place where the work, service or supply is","performed or by the international social","and environmental law provisions listed in","Annex XIV and provided they are linked","to the subject matter of the contract."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-104","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:36"},"new":["Without prejudice to national laws,","regulations or administrative provisions,","the contracting entities shall base the award","of contracts on the following criterion:"],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-105","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:36"},"new":["(a) an economically advantageous tender."],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-106","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-107","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-108","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["An economically advantageous tender","from the point of view of the contracting","entity shall be identified."],"old":["The most economically advantageous","tender referred to in point (a) of","paragraph 1) from the point of view of the","contracting entity shall be identified on the","basis of criteria linked to the subject-","matter of the contract in question."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-109","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["Those criteria shall include, in addition to","the costs, other criteria:"],"old":["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 contract in question,","such as:"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-110","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:37"},"new":["(aa) a socially sustainable production","process;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-111","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d a (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["(da) the application of wage agreements","and arbitration awards at national, local,","sector and company level and of statutory","provisions on health and safety and","working conditions at national, European","Union and international level."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-112","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d b (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["(db) If, in the event of a change of","contractor, the new contractor takes over","workers from the former contractor, the","workers shall be covered by the relevant","legal effects of Directive 2001/23/EC."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-113","location":[["Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["220. Member States may provide that the","award of certain types of contracts shall be","based on an economically advantageous","tender as referred to in point (a) of","paragraph 1 and in paragraph 2."],"old":["220. Member States may provide that the","award of certain types of contracts shall be","based on the most economically","advantageous tender referred to in point (a)","of paragraph 1 and in paragraph 2."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-114","location":[["Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 4"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["The relative weighting or order of","importance shall be specified, as","appropriate, in the notice used as a means","of calling for competition, in the invitation","to confirm interest, in the invitation to","tender or to negotiate, or in the","specifications. Criterion (da) shall be","mandatory."],"old":["The relative weighting or order of","importance shall be specified, as","appropriate, in the notice used as a means","of calling for competition, in the invitation","to confirm interest, in the invitation to","tender or to negotiate, or in the","specifications."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-115","location":[["Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point b"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:37"},"new":["(b) external costs such as social and/or","environmental costs, directly linked to the","life cycle, provided their monetary value","can be determined and verified, which may","include the cost of emissions of greenhouse","gases and of other pollutant emissions and","other climate change mitigation costs."],"old":["(b) external environmental costs directly","linked to the life cycle, provided their","monetary value can be determined and","verified, which may include the cost of","emissions of greenhouse gases and of other","pollutant emissions and other climate","change mitigation costs."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-116","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:37"},"new":["Where contracting entities assess the costs","using a life-cycle costing approach, they","shall indicate in the procurement","documents the data to be provided by the","tenderers and the method which the","contracting authority will use to","determine the life-cycle costs. The method","used for the assessment of those life-cycle","costs must fulfil all of the following","conditions:"],"old":["Where contracting entities assess the costs","using 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:"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-117","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:37"},"new":["(a) it is based on objectively verifiable and","non-discriminatory criteria;"],"old":["(a) it has been drawn up on the basis of","scientific information or is based on other","objectively verifiable and non-","discriminatory criteria;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-118","justification":"This provision would exclude the possibility of applying a bespoke methodology suitable for\none particular contract, which is possible under the current directives.","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:37"},"new":["deleted"],"old":["(b) it has been established for repeated or","continuous application;"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emilie Turunen on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-119","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96703],"meta":{"created":"2019-07-03T05:23:37"},"new":["deleted"],"old":["Contracting entities shall allow economic","operators, including economic operators","from third countries, to apply a different","methodology for establishing the life-cycle","costs of their offer, provided that they","prove that this methodology complies with","","the requirements set out in points a, b and","c and is equivalent to the methodology","indicated by the contracting entity."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-120","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["226. The contracting entity shall request","economic operators to explain the costs","charged, where all of the following","conditions are fulfilled:"],"old":["226. The contracting entity shall request","economic operators to explain the price or","costs charged, where all of the following","conditions are fulfilled:"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-121","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["(a) the cost charged is more than 30 %","lower than the average price or costs of the","remaining tenders;"],"old":["(a) the price or cost charged is more than","50 % lower than the average price or costs","of the remaining tenders;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-122","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:37"},"new":["(b) the cost charged is more than 20 %","lower than the costs of the second lowest","tender;"],"old":["(b) the price or cost charged is more than","20 % lower than the price or costs of the","second lowest tender;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-123","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point c"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["(c) at least three tenders have been","submitted."],"old":["(c) at least five tenders have been","submitted."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-124","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["(d) compliance, at least in an equivalent","manner, with obligations established by","national, European Union and","international social and labour 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;"],"old":["(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 XIV or, where","not applicable, with other provisions","ensuring an equivalent level of protection;"],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-125","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d a (new)"]],"meps":[96826],"meta":{"created":"2019-07-03T05:23:38"},"new":["(da) compliance with rules and standards","in the field of health and safety, social","law, and labour law."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-126","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["Contracting entities shall reject the tender,","where they have established that the tender","is abnormally low because it does not","comply with national and European","Union obligations established by social","and labour law or environmental law or by","the international social and environmental","law provisions listed in Annex XIV."],"old":["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 or environmental law or by the","international social and environmental law","provisions listed in Annex XIV."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-127","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["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 shall","include compliance with obligations","relating to social and employment","conditions, workplace health and safety,","social security and working conditions, as","set out in national, European Union and","international legislation, arbitration","awards and wage agreements. The","principle of equal pay for equal work in a","comparable job shall apply. These","obligations shall also apply in cross-","border situations, where workers from","one Member State provide services in","another Member State."],"old":["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 considerations. 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."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-128","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["232. In the procurement documents, the","contracting authority shall ask or shall be","required by a Member State to ask the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors and to give information on","the subcontractors, including their names,","contact details and legal representatives.","Any change in the subcontracting chain","and any new subcontractor shall be","indicated without delay to the contracting","authority, including the subcontractors\u2019","names, contact details and legal","representatives."],"old":["232. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-129","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["deleted"],"old":["233. Member States may provide that, at","the request of the subcontractor and","where the nature of the contract so","allows, the contracting entity 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."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-130","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["234. The main contractor and any","intermediate subcontractor can, in","addition to or in place of a subcontractor,","be directly held liable like a guarantor by","employees and/or common funds or","institutions of social partners for any","liability which arises from the failure by a","subcontractor to comply with provisions","relating to social and employment","conditions, such as workplace health and","safety, social security and working","conditions, as set out by EU and national","laws, regulations or administrative","provisions, arbitration awards, collective","agreements and contracts and the","international labour law provisions listed","in Annex XI, that apply in the place where","the work, service or supply is performed;","these obligations shall also apply in cross-","border situations, where workers from","one Member State provide services in","another Member State. This shall apply","without any further conditions, in","particular without the employer being","directly at fault."],"old":["234. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability.",""],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Thomas H\u00e4ndel","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-131","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3 a (new)"]],"meps":[96851],"meta":{"created":"2019-07-03T05:23:38"},"new":["3a. A maximum of three undertakings","may be involved successively in the","performance of a public contract as","subcontractors."],"orig_lang":"de","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Minodora Cliveti","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-132","location":[["Proposal for a directive","Article 86 \u2013 paragraph 1 a (new)"]],"meps":[113597],"meta":{"created":"2019-07-03T05:23:38"},"new":["1a. Stresses that the principles of equal","treatment and non-discrimination of","economic operators, without bringing","prejudice to fair competition, are crucial","instruments for the prevention of","corruption, notably bribery."],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Milan Cabrnoch, Anthea McIntyre","changes":{},"committee":["EMPL"],"date":"2012-07-05T00:00:00","id":"PE492.841-133","location":[[" Proposal for a directive","Article 93"]],"meps":[28324,111011],"meta":{"created":"2019-07-03T05:23:38"},"new":["deleted"],"old":["[...]"],"orig_lang":"en","peid":"PE492.841v01-00","reference":"2011/0439(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.841+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-10","location":[["Proposal for a directive","Recital 4"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:30"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to enable procurers to","make better use of public procurement in","support of sustainable development and","other common societal goals, thereby","increasing the efficiency of public","spending while ensuring the best possible","outcome in cost-benefit ratio terms and","facilitating in particular the participation of","small and medium-sized enterprises in","public procurement. There is also a need to","simplify Union public procurement rules,","particularly with regard to the method to","be used to attain the sustainability","objectives, which should be included in","public procurement policy, and to clarify","basic notions and concepts to ensure better","legal certainty and to incorporate certain","aspects of related well-established case-law","of the Court of Justice of the European","Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There","is also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union.",""],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"10","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fiona Hall","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-11","location":[[" Proposal for a directive","Recital 4"]],"meps":[28477],"meta":{"created":"2019-07-03T05:32:30"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to enable procurers to","make better use of public procurement in","support of sustainable development and","other common societal goals, thereby","increasing the efficiency of public","spending by ensuring best value for","money, and to facilitate in particular the","participation of small and medium-sized","enterprises in public procurement. There is","also a need to simplify the Directives,","particularly with regard to how","sustainability objectives can be","incorporated into public procurement,","and to clarify basic notions and concepts to","ensure better legal certainty and to","incorporate certain aspects of related well-","established case-law of the Court of Justice","of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There","is also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union.",""],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-12","location":[["Proposal for a directive","Recital 4"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of sustainable development and","other common societal goals, providing","the best results in cost-benefit terms.","There is also a need to simplify EU rules","on public procurement, particularly with","regard to the method used to achieve the","sustainability objectives which should be","included in public procurement policy,","and to clarify basic notions and concepts to","ensure better legal certainty and to","incorporate certain aspects of related well-","established case-law of the Court of Justice","of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","","Justice of the European Union."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"12","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-13","location":[[" Proposal for a directive","Recital 5"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:31"},"new":["(5) Under Articles 9, 10, and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and the concepts underlying","\u2018socially sustainable\u2019 production","processes must be integrated into the","definition and implementation of the Union","policies and activities, in particular with a","view to promoting sustainable","development and, throughout the supply","chain, protecting health and public safety","and ensuring compliance with social","standards and national and European","labour laws. This Directive clarifies how","the contracting authorities contribute to the","protection of the environment and the","promotion of sustainable development and","use the discretionary power assigned to","them to select the technical specifications","and award criteria most likely to achieve","socially sustainable public procurement","whilst establishing the necessary relation","to the subject matter of the contract and","ensuring that they can obtain the best value","for money."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"13","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-14","location":[["Proposal for a directive","Recital 5"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(5) Under Articles 9, 10 and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and the concept of the","socially-sustainable production process","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development and","ensuring, throughout the supply chain,","compliance with health, public safety and","social norms and national and EU labour","legislation. This Directive clarifies how the","contracting entities should contribute to the","protection of the environment and the","promotion of sustainable development and","how they can use the discretionary power","assigned to them to select technical","specifications and award criteria with the","aim of achieving socially-sustainable","public procurement policy whilst ensuring","the link with the subject-matter of the","contract and that they can obtain the best","value for money for their contracts."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti, Ivo Belet","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-15","justification":" As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\n sector-specific regulation and the evolution of the market, it is no longer necessary to\n regulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\n exclude postal services and all the more so \u201cother services than postal services\u201d, from the\n scope of the Directive and allow all entities operating in the sector to base their decisions on\n purely economic criteria. Since 1997, the postal sector has been increasingly subject to\n competitive pressure. Three milestones in the EU postal acquis are relevant in this respect:\n the first and the second Postal Directives (97/67/EC and 2002/39/EC respectively), which\n followed the 1992 Green Paper, set in motion the process of a controlled liberalisation and\n gradually opened the postal markets to competition. The third Postal Directive (2008/06/EC)\n abolished all exclusive rights in the postal sector and set 31st December 2010 as the deadline\n for full market opening for the majority of Member States (in fact, 95% of the EU postal\n markets in terms of volumes) and 31st December 2012 for the remaining Member States.","location":[["Proposal for a directive","Recital 10 a (new)"]],"meps":[96760,28257],"meta":{"created":"2019-07-03T05:32:31"},"new":["(10a) It is furthermore appropriate to","exclude procurement made for postal","services and services other than postal","services as that sector has consistently","been found to be subject to such","competitive pressure that the procurement","discipline brought about by the Union","procurement rules is no longer needed."],"old":[""],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-16","location":[[" Proposal for a directive","Recital 13"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:31"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure, as well as infringements","of labour, environmental, and public","health legislation, can result in serious","distortions of competition and in violations","of the basic principles of Union law.","Economic operators are therefore required","to submit a declaration on honour that they","do not engage in such illicit activities and","should be excluded if this declaration","proves to be false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","","activities and be excluded if this","declaration proves to be false."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-17","location":[["Proposal for a directive","Recital 13"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure, as well as all actions","which violate standards of work,","environmental protection and public","health, can result in serious distortion of","competition and violations of the basic","principles of Union law and in serious","distortions of competition. Economic","operators should therefore be required to","submit a declaration on honour that they do","not engage in such illicit activities and be","excluded if this declaration proves to be","false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-18","location":[["Proposal for a directive","Recital 14"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:31"},"new":["(14) Council Decision 94/800/EC of 22","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994), approved in particular the World","Trade Organisation Agreement on","Government Procurement, hereinafter","referred to as the \u201cAgreement\u201d. Within","that multilateral framework of balanced","rights and obligations relating to public","contracts, Member States should","endeavour to place Union and third","country businesses on an equal footing on","the single market with a view to","facilitating the integration of small and","medium-sized enterprises (SMEs) and","stimulating employment and innovation","within the Union. For contracts covered by","the Agreement, as well as by other relevant","international agreements by which the","Union is bound, contracting authorities","fulfil the obligations imposed by those","various agreements by applying this","Directive to economic operators of third","countries that are signatories to the","agreements."],"old":["(14) Council Decision 94/800/EC of 22","","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994), approved in particular the World","Trade Organisation Agreement on","Government Procurement, hereinafter","referred to as the \u201cAgreement\u201d. The aim of","the Agreement is to establish a multilateral","framework of balanced rights and","obligations relating to public contracts with","a view to achieving the liberalisation and","expansion of world trade. For contracts","covered by the Agreement, as well as by","other relevant international agreements by","which the Union is bound, contracting","entities fulfil the obligations under those","agreements by applying this Directive to","economic operators of third countries that","are signatories to the agreements."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-19","location":[[" Proposal for a directive","Recital 14"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(14) Council Decision 94/800/EC of 22","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994), approved in particular the World","Trade Organisation Agreement on","Government Procurement, hereinafter","referred to as the \u2018Agreement\u2019. The aim of","the Agreement is to establish a multilateral","framework of balanced rights and","obligations relating to public contracts","upholding equal opportunities for Union","and third country economic operators to","compete on equal terms in Union and","third country markets with a view to","achieving the liberalisation and expansion","of world trade. For contracts covered by","the Agreement, as well as by other relevant","international agreements by which the","Union is bound, contracting entities fulfil","the obligations under those agreements by","applying this Directive to economic","operators of third countries that are","signatories to the agreements."],"old":["(14) Council Decision 94/800/EC of 22","December 1994 concerning the conclusion","on behalf of the European Community, as","regards matters within its competence, of","the Agreements reached in the Uruguay","Round multilateral negotiations (1986 to","1994), approved in particular the World","Trade Organisation Agreement on","","Government Procurement, hereinafter","referred to as the \u2018Agreement\u2019. The aim of","the Agreement is to establish a multilateral","framework of balanced rights and","obligations relating to public contracts with","a view to achieving the liberalisation and","expansion of world trade. For contracts","covered by the Agreement, as well as by","other relevant international agreements by","which the Union is bound, contracting","entities fulfil the obligations under those","agreements by applying this Directive to","economic operators of third countries that","are signatories to the agreements."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-20","location":[["Proposal for a directive","Recital 14 a (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(14a) The Union needs an effective","instrument to, on the one hand,","encourage compliance with the principle","of reciprocity in relation to third countries","which do not provide equivalent access to","European economic operators,","particularly through an assessment of","substantial reciprocity to be carried out by","the Commission, and, on the other hand,","ensure fair competition and a level","playing field worldwide."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-21","location":[[" Proposal for a directive","Recital 14 b (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(14b )In view of the need to encourage","participation by the Union's economic","operators in cross-border public markets,","it is important that the Member States","transpose and implement in a timely and","adequate manner the provisions of the","Services Directive;"],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-22","location":[[" Proposal for a directive","Recital 15 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:31"},"new":["(15a) In addition, the Union needs to have","an effective instrument enabling it, on the","one hand, to encourage compliance with","the principle of reciprocity and balance in","relation to third countries that do not","accord European economic operators","equivalent access, one means to the above","end being assessment of substantial","reciprocity to be carried out by the","Commission, and, secondly, to ensure fair","competition and a level playing field for","all worldwide."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fiona Hall","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-23","location":[["Proposal for a directive","Recital 27"]],"meps":[28477],"meta":{"created":"2019-07-03T05:32:31"},"new":["(27) Electronic means of information and","communication can greatly simplify the","publication of contracts and increase the","efficiency and transparency of procurement","processes. They should become the","standard means of communication and","information exchange in procurement","procedures. The use of electronic means","also leads to time and resource savings. As","a result, provision should be made for","reducing the minimum periods where","electronic means are used, subject,","however, to the condition that they are","compatible with the specific mode of","transmission envisaged at Union level.","Moreover, electronic means of information","and communication including adequate","functionalities can enable contracting","authorities to prevent, detect and correct","errors that occur during procurement","procedures."],"old":["(27) Electronic means of information and","communication can greatly simplify the","publication of contracts and increase the","efficiency and transparency of procurement","processes. They should become the","standard means of communication and","information exchange in procurement","procedures. The use of electronic means","also leads to time savings. As a result,","provision should be made for reducing the","minimum periods where electronic means","are used, subject, however, to the condition","that they are compatible with the specific","mode of transmission envisaged at Union","level. Moreover, electronic means of","information and communication including","adequate functionalities can enable","contracting authorities to prevent, detect","and correct errors that occur during","procurement procedures."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fiona Hall","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-24","location":[["Proposal for a directive","Recital 38"]],"meps":[28477],"meta":{"created":"2019-07-03T05:32:31"},"new":["(38) In order to encourage the involvement","of small and medium-sized enterprises","(SMEs) in the procurement market,","Member States should fully implement the","European Code of Best Practices","Facilitating Access by SMEs to Public","Procurement Contracts. Furthermore, it","should be provided explicitly that contracts","may be divided into lots, whether","homogenous or heterogeneous. Where","contracts are divided into lots, contracting","entities may, for instance in order to","preserve competition or to ensure security","of supply, limit the number of lots for","which an economic operator may tender;","they may also limit the number of lots that","may be awarded to any one tenderer."],"old":["(38) In order to encourage the involvement","of small and medium-sized enterprises","(SMEs) in the procurement market, it","should be provided explicitly that contracts","may be divided into lots, whether","homogenous or heterogeneous. Where","contracts are divided into lots, contracting","entities may, for instance in order to","preserve competition or to ensure security","","of supply, limit the number of lots for","which an economic operator may tender;","they may also limit the number of lots that","may be awarded to any one tenderer."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-25","location":[[" Proposal for a directive","Recital 43"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:31"},"new":["(43) Contracts should be awarded on the","basis of objective criteria that ensure","compliance with the principles of","transparency, non-discrimination and equal","treatment. These criteria should guarantee","that tenders are assessed in conditions of","effective competition, at the same time","ensuring that contracting authorities","require high-quality works, supplies and","services that are optimally suited to their","needs and which include factors linked to","socially-sustainable production process","criteria. As a result, contracting entities","should be allowed to adopt as award","criteria either \u2018the most economically","advantageous tender\u2019 or \u2018the lowest cost\u2019,","taking into account that in the latter case","they should refer to adequate quality","standards by using technical specifications","or contract performance conditions."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or \u2018the","lowest cost\u2019, taking into account that in the","latter case they are free to set adequate","quality standards by using technical","specifications or contract performance","conditions."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes","changes":{},"committee":["ITRE"],"compromise":["on behalf of the Verts/ALE Group"],"date":"2012-06-08T00:00:00","id":"PE491.185-26","location":[["Proposal for a directive","Recital 43"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:32"},"new":["(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 \u2018the best","value for money tender\u2019 or \u2018the lowest life-","cycle cost\u2019, taking into account that in the","latter case they are free to set adequate","quality standards by using technical","specifications or contract performance","conditions."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or \u2018the","lowest cost\u2019, taking into account that in the","latter case they are free to set adequate","quality standards by using technical","specifications or contract performance","conditions."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-27","location":[["Proposal for a directive","Recital 44"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:32"},"new":["(44) Where contracting entities choose to","award a contract to the best value for","money tender, they must determine the","award criteria on the basis of which they","will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"old":["(44) Where contracting entities choose to","award a contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-28","location":[[" Proposal for a directive","Recital 45"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:32"},"new":["(45) An effort should be made to exploit","the potential of public procurement to","achieve the objectives of the Europe 2020","Strategy for sustainable growth, without","encroaching upon the powers of the","contracting entities. In view of the","important differences between individual","sectors and markets, it would however not","be appropriate to set general mandatory","requirements for environmental, social and","innovation procurement. The Union","legislature has already set mandatory","procurement requirements for obtaining","specific goals in the sectors of road","transport vehicles (Directive 2009/33/EC","of the European Parliament and the","Council of 23 April 2009 on the promotion","of clean and energy-efficient road transport","vehicles) and office equipment (Regulation","(EC) No 106/2008 of the European","Parliament and the Council of 15 January","2008 on a Community energy-efficiency","labelling programme for office equipment).","In addition, the definition of common","methodologies for life cycle costing has","significantly advanced. It therefore appears","appropriate to continue on that path,","leaving it to sector-specific legislation to","set mandatory objectives and targets in","function of the particular policies and","conditions prevailing in the relevant sector","and to promote the development and use of","European approaches to life-cycle costing","as a further underpinning for the use of","public procurement in support of","sustainable growth."],"old":["(45) It is of utmost importance to fully","exploit the potential of public procurement","to achieve the objectives of the Europe","2020 Strategy for sustainable growth. In","view of the important differences between","individual sectors and markets, it would","however not be appropriate to set general","mandatory requirements for environmental,","social and innovation procurement. The","Union legislature has already set","mandatory procurement requirements for","obtaining specific goals in the sectors of","road transport vehicles (Directive","2009/33/EC of the European Parliament","and the Council of 23 April 2009 on the","promotion of clean and energy-efficient","road transport vehicles) and office","equipment (Regulation (EC) No 106/2008","of the European Parliament and the","Council of 15 January 2008 on a","Community energy-efficiency labelling","programme for office equipment). In","addition, the definition of common","","methodologies for life cycle costing has","significantly advanced. It therefore appears","appropriate to continue on that path,","leaving it to sector-specific legislation to","set mandatory objectives and targets in","function of the particular policies and","conditions prevailing in the relevant sector","and to promote the development and use of","European approaches to life-cycle costing","as a further underpinning for the use of","public procurement in support of","sustainable growth."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-29","location":[["Proposal for a directive","Recital 46"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:32"},"new":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities can","determine the best value for money tender","and the lowest 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-30","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:32"},"new":["(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, energy mix used and energy","and resource efficiency gains at all stages","of the cycle, to disposal, clearance and","finalisation in specific relation to social","and working conditions and","environmental protection under","sustainability principles;"],"old":["(22) \u2018life cycle\u2019 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 to disposal, clearance and","finalisation;"],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-31","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:32"},"new":["(22) \u2018life cycle\u2019 means all consecutive","and/or interlinked stages, including","production and location of production,","transport, use and maintenance, throughout","the existence of a product or works or the","provision of a service, from raw material","acquisition or generation of resources to","disposal, clearance and finalisation;"],"old":["(22) \u2018life cycle\u2019 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 to disposal, clearance and","finalisation;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-32","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:32"},"new":["(22a) \u201csocially sustainable production","process\u201d means a production process in","which the provision of works, services, or","supplies complies with health and safety","laws, rules, and standards, and with social","and labour law, especially as regards the","principle of equal treatment at the","workplace. The principle of equal","treatment at the workplace refers to","compliance with the applicable terms and","conditions of employment, including","health and safety laws, rules, and","standards, and social and labour law, as","defined in Union and national legislation","and in the collective agreements applying","in the place where the provision of works,","services, or supplies is carried out;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Patrizia Toia","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-33","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[28340],"meta":{"created":"2019-07-03T05:32:32"},"new":["(ba) the management of sewage","collection, disposal, and treatment","services."],"orig_lang":"it","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti, Ivo Belet","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-34","justification":" As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\n sector-specific regulation and the evolution of the market, it is no longer necessary to\n regulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\n exclude postal services and all the more so \u201cother services than postal services\u201d, from the\n scope of the Directive and allow all entities operating in the sector to base their decisions on\n purely economic criteria. Furthermore, as the experience with the application of Article 30\n procedure shows, an increasing number of postal services are already excluded from the\n scope of application of the Utilities Directive. This was the case for a number of markets in\n Denmark, Finland, Italy, Sweden, Austria and Hungary.","location":[[" Proposal for a directive","Article 10"]],"meps":[96760,28257],"meta":{"created":"2019-07-03T05:32:32"},"new":["deleted"],"old":["[...]"],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-35","location":[[" Proposal for a directive","Article 12 a (new)"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:32"},"new":["Article 12 a","12a. When awarding contracts which, on","account of their value, are not covered by","this Directive, national contracting","entities shall be required to comply with","the principles of equal treatment, non-","discrimination and transparency."],"old":[""],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-36","location":[["Proposal for a directive","Article 14 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:32"},"new":["Article 14a","Reciprocity","The practical implementation of the","Agreement on Government Procurement","(AGP) within the Union legislative","framework for public procurement shall","be based on prior assessment to ascertain","that the principle of substantial","reciprocity is being properly applied for","the purposes of market opening between","the Union and third country signatories.","Assessment of substantial reciprocity shall","apply equally to third countries which are","not party to the Agreement on","Government Procurement but have access","to the market."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jan B\u0159ezina","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-37","justification":" V p\u0159\u00edpad\u011b, \u017ee by byl doa\u017een\u00fd obrat posuzov\u00e1n ve vztahu k obecn\u00fdm(celkov\u00fdm)obrat\u016fm\n dod\u00e1vek, slu\u017eeb \u010di stavebn\u00edch prac\u00ed a nikoli p\u0159\u00edslu\u0161n\u00fdch dod\u00e1vek, slu\u017eeb a stavebn\u00edch prac\u00ed,\n kter\u00e9 jsou p\u0159edm\u011btem konkr\u00e9tn\u00ed ve\u0159ejn\u00e9 zak\u00e1zky zad\u00e1van\u00e9 p\u0159idru\u017een\u00e9 osob\u011b sektorov\u00fdm\n zadavatelem, mohlo by doch\u00e1zet k situaci, \u017ee je spln\u011bn obecn\u00fd dosa\u017een\u00fd obrat pomoc\u00ed\n naprosto odli\u0161n\u00fdch zak\u00e1zek, kter\u00e9 nemaj\u00ed \u017e\u00e1dnou souvislost \u010di obdobnost k zad\u00e1van\u00e9\n VZ.Navrhovan\u00e1 \u00faprava tak reflektuje smysl cel\u00e9ho tohoto institutu spo\u010d\u00edvaj\u00edc\u00ed v zad\u00e1v\u00e1n\u00ed VZ\n sektorov\u00fdmi zadavateli p\u0159idru\u017een\u00fdm osob\u00e1m, kter\u00e9 ji\u017e realizovaly v minulosti pro sektorov\u00e9ho\n zadavatele obdobn\u00e9 zak\u00e1zky \u010di jsou za \u00fa\u010delem realizace t\u011bchto VZ zalo\u017eeny \u010di je jejich\n p\u016fsobnost na tyto VZ roz\u0161\u00ed\u0159ena. Je vhodn\u00e9 vylou\u010dit ur\u010dit\u00e9 zak\u00e1zky na slu\u017eby, dod\u00e1vky a\n stavebn\u00ed pr\u00e1ce zad\u00e1van\u00e9 p\u0159idru\u017een\u00e9mu podniku, jeho\u017e hlavn\u00ed \u010dinnost\u00ed je poskytov\u00e1n\u00ed takov\u00fdch\n slu\u017eeb, dod\u00e1vek nebo stavebn\u00edch prac\u00ed skupin\u011b, jej\u00ed\u017e je sou\u010d\u00e1st\u00ed a nikoli jejich nab\u00edzen\u00ed na\n trhu.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point a"]],"meps":[28354],"meta":{"created":"2019-07-03T05:32:32"},"new":["a) to service contracts provided that at least","80 % of the average total turnover of the","affiliated undertaking with respect to the","relevant services for the preceding three","years derives from the provision of","services to undertakings with which it is","affiliated;"],"old":["a) to service contracts provided that at least","80 % of the average total turnover of the","affiliated undertaking with respect to","services in general for the preceding three","years derives from the provision of","services to undertakings with which it is","affiliated;"],"orig_lang":"cs","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jan B\u0159ezina","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-38","justification":"V p\u0159\u00edpad\u011b, \u017ee by byl doa\u017een\u00fd obrat posuzov\u00e1n ve vztahu k obecn\u00fdm (celkov\u00fdm) obrat\u016fm\ndod\u00e1vek, slu\u017eeb \u010di stavebn\u00edch prac\u00ed a nikoli p\u0159\u00edslu\u0161n\u00fdch dod\u00e1vek, slu\u017eeb a stavebn\u00edch prac\u00ed,\nkter\u00e9 jsou p\u0159edm\u011btem konkr\u00e9tn\u00ed ve\u0159ejn\u00e9 zak\u00e1zky zad\u00e1van\u00e9 p\u0159idru\u017een\u00e9 osob\u011b sektorov\u00fdm\nzadavatelem, mohlo by doch\u00e1zet k situaci, \u017ee je spln\u011bn obecn\u00fd dosa\u017een\u00fd obrat pomoc\u00ed\nnaprosto odli\u0161n\u00fdch zak\u00e1zek, kter\u00e9 nemaj\u00ed \u017e\u00e1dnou souvislost \u010di obdobnost k zad\u00e1van\u00e9\nVZ.Navrhovan\u00e1 \u00faprava tak reflektuje smysl cel\u00e9ho tohoto institutu spo\u010d\u00edvaj\u00edc\u00ed v zad\u00e1v\u00e1n\u00ed VZ\nsektorov\u00fdmi zadavateli p\u0159idru\u017een\u00fdm osob\u00e1m, kter\u00e9 ji\u017e realizovaly v minulosti pro sektorov\u00e9ho\nzadavatele obdobn\u00e9 zak\u00e1zky \u010di jsou za \u00fa\u010delem realizace t\u011bchto VZ zalo\u017eeny \u010di je jejich\np\u016fsobnost na tyto VZ roz\u0161\u00ed\u0159ena.Je vhodn\u00e9 vylou\u010dit ur\u010dit\u00e9 zak\u00e1zky na slu\u017eby, dod\u00e1vky a\nstavebn\u00ed pr\u00e1ce zad\u00e1van\u00e9 p\u0159idru\u017een\u00e9mu podniku, jeho\u017e hlavn\u00ed \u010dinnost\u00ed je poskytov\u00e1n\u00ed takov\u00fdch\nslu\u017eeb, dod\u00e1vek nebo stavebn\u00edch prac\u00ed skupin\u011b, jej\u00ed\u017e je sou\u010d\u00e1st\u00ed a nikoli jejich nab\u00edzen\u00ed na\ntrhu.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point b"]],"meps":[28354],"meta":{"created":"2019-07-03T05:32:32"},"new":["(b) to supply contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","the relevant supplies for the preceding","three years derives from the provision of","supplies to undertakings with which it is","affiliated;"],"old":["(b) to supply contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","supplies in general for the preceding three","years derives from the provision of","supplies to undertakings with which it is","affiliated;"],"orig_lang":"cs","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jan B\u0159ezina","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-39","justification":"If turnover is calculated in relation to the general (total) turnover with respect to supplies,\nservices or works and not in relation to the relevant supplies, services or works, which were\nawarded to the affiliated person by the sectoral contracting entity, there is a risk of seeing\nthis general turnover being achieved through contracts which have no connection or\nsimilarity to the contract awarded by the contracting entity.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point c"]],"meps":[28354],"meta":{"created":"2019-07-03T05:32:32"},"new":["(c) to works contracts provided that at least","80 % of the average total turnover of the","affiliated undertaking with respect to the","relevant works for the preceding three","years derives from the provision of works","to undertakings with which it is affiliated."],"old":["(c) to works contracts provided that at least","80 % of the average total turnover of the","affiliated undertaking with respect to works","in general for the preceding three years","derives from the provision of works to","undertakings with which it is affiliated."],"orig_lang":"cs","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-40","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 1"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["Contracting entities shall treat economic","operators equally and without","discrimination and shall act in a transparent","way."],"old":["Contracting entities shall treat economic","operators equally and without","discrimination and shall act in a transparent","and proportionate way."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-41","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 3"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["3. Where a state of urgency duly","substantiated by the contracting entities","renders impracticable the time limit laid","down in the second subparagraph of","paragraph 1, they may fix a time limit","which shall be not less than 25 days from","the date on which the contract notice was","sent.","A state of urgency may only result in a","shorter time limit being set if it has not","been brought about by the contracting","entities themselves."],"old":["3. Where a state of urgency duly","substantiated by the contracting entities","renders impracticable the time limit laid","down in the second subparagraph of","paragraph 1, they may fix a time limit","which shall be not less than 20 days from","the date on which the contract notice was","sent."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-42","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 4"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["4. The contracting entity may reduce by","three days the time limit for receipt of","tenders set out in the second subparagraph","of paragraph 1 where it accepts that tenders","may be submitted by electronic means in","accordance with Article 33(3), (4) and (5)."],"old":["4. The contracting entity may reduce by","","five days the time limit for receipt of","tenders set out in the second subparagraph","of paragraph 1 where it accepts that tenders","may be submitted by electronic means in","accordance with Article 33(3), (4) and (5)."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jan B\u0159ezina","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-43","justification":"The proposed period of four years is too short and reduces the effect and possible savings that\ncan be made from a long-term framework agreement, on the basis of which suppliers\ngenerally make better offers. One of the main reasons for these measures is the wish to\nmaximise the cost-effectiveness of contracting enttites\u2019 procurement expenditure. The\ntimescale proposed therefore runs counter to this objective, since cheaper price terms can be\nobtained through longer-term contracts.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[28354],"meta":{"created":"2019-07-03T05:32:33"},"new":["The term of a framework agreement shall","not exceed eight years, save in exceptional","cases duly justified, in particular, by the","subject of the framework agreement."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"cs","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-44","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1a (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:33"},"new":["1a. Technical specifications may also","include, as appropriate, requirements","relating to:"],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-45","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1a \u2013 point a (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:33"},"new":["(a) performance, including levels of","environmental and climate performance","and performance in terms of socially","sustainable production process;"],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-46","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1a \u2013 point b (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:33"},"new":["(b) life-cycle characteristics;"],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-47","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1a \u2013 point c (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:33"},"new":["(c) socially sustainable production","process;"],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Zigmantas Bal\u010dytis","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-48","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1a \u2013 point d (new)"]],"meps":[96680],"meta":{"created":"2019-07-03T05:32:33"},"new":["(d) the organisation, qualification and","experience of the staff assigned to","performing the contract in question."],"orig_lang":"lt","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-49","location":[["Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point c a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:33"},"new":["(ca) in terms of a socially sustainable","production process;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-50","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-51","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["Contracting entities must take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-52","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["deleted"],"old":["Contracting entities shall indicate in the","specifications whether or not they","authorise variants and, if so, the","minimum requirements to be met by the","variants and any specific requirements for","their presentation. Where variants are","authorised, 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."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-53","location":[["Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:33"},"new":["2. In procedures for awarding supply or","service contracts, contracting entities shall","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."],"old":["2. In procedures for awarding supply or","service contracts, contracting entities that","have authorised variants shall 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."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-54","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:33"},"new":["5. Contracting entities shall decide not to","award a contract to the tenderer submitting","the best tender where they have established","that the tender does not comply with","obligations in the field of social and labour","law or environmental law established by","Union or national legislation or by","collective agreements applicable to the","place where the work, service, or supply is","to be performed, or by the international","social and environmental law provisions","listed in Annex XI, or with obligations in","the field of intellectual property law."],"old":["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 or","environmental law or of the international","social and environmental law provisions","listed in Annex XIV."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-55","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["5a. Where such laws do not apply,","infringements of other laws applicable to","the tenderer which provide an equivalent","degree of protection shall likewise","constitute grounds for exclusion."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-56","location":[[" Proposal for a directive","Article 73 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:34"},"new":["Where the objective rules and criteria for","the exclusion and selection of economic","operators requesting qualification in a","qualification system include requirements","relating to the economic and financial","capacity of the economic operator, or to its","technical and professional abilities, the","economic operator may where necessary","rely on the capacity of other entities,","whatever the legal nature of the link","between itself and those entities. In this","case the economic operator shall prove to","the contracting entity that those resources","will be available to it throughout the period","of the validity of the qualification system,","for example by producing an undertaking","by those entities to that effect."],"old":["Where the objective rules and criteria for","the exclusion and selection of economic","operators requesting qualification in a","qualification system include requirements","relating to the economic and financial","capacity of the economic operator, or to its","technical and professional abilities, the","economic operator may where necessary","rely on the capacity of other entities,","whatever the legal nature of the link","between itself and those entities. In this","case the economic operator shall prove to","the contracting entity that those resources","will be available to it throughout the period","of the validity of the qualification system,","for example by producing an undertaking","by those entities to that effect. In the case","of economic and financial standing,","contracting entities may require that the","economic operator and those entities are","jointly liable for the execution of the","contract."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-57","location":[["Proposal for a directive","Article 73 \u2013 paragraph 3"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:34"},"new":["deleted"],"old":["3. In the case of works contracts, service","contracts and siting and installation","operations in the context of a supply","contract, contracting entities may require","that certain critical tasks be performed","directly by the tenderer itself or, where a","tender is submitted by a group of","economic operators as referred to in","Article 30, a participant in the group."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-58","location":[["Proposal for a directive","Article 75 \u2013 title"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["Quality assurance standards and","environmental and social management","standards"],"old":["Quality assurance standards and","environmental management standards"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-59","location":[["Proposal for a directive","Article 75 \u2013 paragraph 2 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["2a. Contracting authorities may require","the production of certificates drawn up by","independent bodies attesting that the","economic operator and its subcontractors,","if any, comply with rules and standards in","the field of health and safety, social law,","and labour law as laid down in Union and","national legislation and in collective","agreements applying in the place where","the work, service, or supply is to be","performed."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-60","location":[[" Proposal for a directive","Article 75 \u2013 paragraph 3"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["3. Upon request, Member States shall make","available to other Member States, in","accordance with Article 97, any","information relating to the documents","produced as evidence of compliance with","quality, environmental, and social","standards referred to in paragraphs 1 and 2","of this Article."],"old":["3. Upon request, Member States shall make","available to other Member States, in","accordance with Article 97, any","information relating to the documents","produced as evidence of compliance with","quality and environmental standards","referred to in paragraphs 1 and 2 of this","Article."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-61","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["(a) the best value for money tender;"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-62","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["(b) the lowest life-cycle cost."],"old":["(b) the lowest cost."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-63","justification":"Deleted following the change of Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 points a and b","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fiona Hall","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-64","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28477],"meta":{"created":"2019-07-03T05:32:34"},"new":["Costs shall be assessed using a cost-","effectiveness approach, such as a life-cycle","costing approach, under the conditions set","out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-65","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["The best value for money tender referred","to in point (a) of paragraph 1) from the","point of view of the contracting entity shall","be identified on the basis of criteria linked","to the subject-matter of the contract in","question."],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1) from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-66","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["Those criteria shall include in addition to","the life-cycle cost referred to in point (b) of","paragraph 1, other criteria linked to the","subject-matter of the contract in question,","such as:"],"old":["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 contract in question,","such as:"],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-67","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:34"},"new":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, energy efficiency","performance, design for all users,","environmental characteristics and","innovative character;"],"old":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental characteristics and","innovative character;"],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-68","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["(aa) a socially sustainable production","process;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-69","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a b (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:34"},"new":["(ab) the life-cycle process and life-cycle","characteristics;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-70","justification":" Contracting entities may refer to all factors directly linked to the production process in the\n technical specifications and in the award criteria, as long as they refer to aspects of the\n production process which are closely related to the specific production or provision of the\n good or service purchased. This excludes requirements that are not directly related to the\n process, but can still have an important impact, such as the general corporate social\n responsibility requirements covering the whole operation of the contractor. For point b) the\n average energy mix in the country of production for the production of the good to be procured\n\nand for all its different parts and raw material could be evaluated and the better the CO2\nbalance the bigger the chances for procurement (example in PV installation procurement).","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d a (new)"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:35"},"new":["(da) impact of the contract on sustainable","development, including at any stage of the","life-cycle. Such impact need not to be","monetised provided that the criteria used","comply with paragraph 4. Among issues","to be considered should be:","a) corporate social responsibility (CSR)","practice of the contractor;","b) CO2 abatement over the full life-cycle","of the product."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-71","location":[["Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:35"},"new":["3. Member States may provide that the","award of certain types of contracts shall be","based on the best value for money tender","referred to in point (a) of paragraph 1 and","in paragraph 2."],"old":["3. Member States may provide that the","award of certain types of contracts shall be","based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-72","location":[["Proposal for a directive","Article 76 \u2013 paragraph 4"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:35"},"new":["4. Award criteria shall not confer an","unrestricted freedom of choice on the","contracting entity. The following award","criteria shall be used to identify the tender","representing the best value for money :","a) linked to the subject matter;","b) ensure the possibility of effective","competition; and","c) accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified.","Contracting entities shall verify effectively,","on the basis of the information and proof","provided by the tenderers, whether the","tenders meet the award criteria."],"old":["4. Award criteria shall not confer an","unrestricted freedom of choice on the","contracting entity. They shall ensure the","possibility of effective competition and","shall be accompanied by requirements","which allow the information provided by","the tenderers to be effectively verified.","Contracting entities shall verify effectively,","on the basis of the information and proof","provided by the tenderers, whether the","tenders meet the award criteria.","",""],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-73","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["(da) compliance with rules and standards","in the field of health and safety, social","law, and labour law laid down in Union","and national legislation and by collective","agreements applying in the place where","the work, service, or supply is to be","performed;"],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-74","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d b (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["(db) compliance with the subcontracting","requirements set out in Article 81."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-75","location":[["Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["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 and national legislation, and by","collective agreements applying in the","place where the work, service, or supply is","to be performed, in the field of social and","labour law or environmental law, or by the","international social and environmental law","provisions listed in Annex XIV."],"old":["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 or environmental law or by the","international social and environmental law","provisions listed in Annex XIV."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-76","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["1. In the procurement documents, the","tenderer shall indicate to the contracting","authority, in its tender, any share of the","contract it may intend to subcontract to","third parties and any proposed","subcontractors."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-77","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1 a (new)"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["1a. Member States shall provide that a","tenderer may not subcontract any parts of","the works or services to be performed, or","of the goods to be delivered, beyond the","limit of three successive subcontracting","levels."],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-78","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:35"},"new":["2. Member States may provide that","payments to the subcontractor for services,","supplies or works provided to the main","contractor shall become due immediately","if and insofar as","(a) the contracting authority has","performed its obligations to the main","contractor, or parts thereof,","(b) the contracting authority has accepted","the services, supplies or works as having","been fully completed, or","(c) the contracting authority has, without","success, set the main contractor an","appropriate time limit within which to","provide information about the","circumstances referred to at (a) and (b)."],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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.",""],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Henri Weber","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-79","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[2319],"meta":{"created":"2019-07-03T05:32:35"},"new":["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 is below 25%","of the price of the initial contract, provided","that the modification does not alter the","overall nature of the contract.","In addition, where the subject matter of","the contract may be altered during the life","of the contract as a result of:","- an innovation or a significant technical","development, or","- technical difficulties as regards use or","maintenance necessitating the","intervention of the contractor or service","provider performing the initial contract,","or","- the need for additional works, services,","or supplies initially not provided for","which cannot be technically or","economically separated from the main","contract without placing the contracting","entity at a serious disadvantage, the","modification shall not be considered to be","substantial within the meaning of","paragraph 1.","Where several successive modifications are","made, the value shall be assessed on the","basis of the cumulative value of the","successive modifications."],"old":["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 5% 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.",""],"orig_lang":"fr","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jan B\u0159ezina","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-80","justification":" Nov\u011b vlo\u017een\u00e9 ustanoven\u00ed bude v praxi zp\u016fsobovat probl\u00e9my p\u0159i aplikaci ze strany zadavatel\u016f\n ve\u0159ejn\u00fdch zak\u00e1zek a p\u0159inese i mo\u017en\u00e9 zpochyb\u0148ov\u00e1n\u00ed uzav\u00edran\u00fdch smluv ze strany ne\u00fasp\u011b\u0161n\u00fdch\n uchaze\u010d\u016f, a tedy i poru\u0161en\u00ed principu pr\u00e1vn\u00ed jistoty subjekt\u016f smluvn\u00edch vztah\u016f, dojde tak\u00e9 ke\n zv\u00fd\u0161en\u00ed po\u010dtu n\u00e1mitek, a t\u00edm i k pr\u016ftah\u016fm a prodlu\u017eov\u00e1n\u00ed realizace ve\u0159ejn\u00e9 zak\u00e1zky.U\n v\u00fdznamn\u00fdch investi\u010dn\u00edch projekt\u016f by proto z tohoto d\u016fvodu mohlo zp\u016fsoben\u00e9 prodlen\u00ed\n realizace projektu zp\u016fsobit velmi vysok\u00e9 finan\u010dn\u00ed ztr\u00e1ty a prodra\u017een\u00ed cel\u00e9ho projektu. U\n dlouhodob\u00fdch projekt\u016f je prakticky pravidlem \u00faprava p\u0159edm\u011btu pln\u011bn\u00ed, institut zm\u011bnov\u00fdch\n \u0159\u00edzen\u00ed, vliv zm\u011bny legislativy, atd., kter\u00e9 by byly zak\u00e1z\u00e1ny.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[28354],"meta":{"created":"2019-07-03T05:32:35"},"new":["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 25% 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."],"old":["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 5% 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."],"orig_lang":"cs","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Claude Turmes on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-81","location":[["Proposal for a directive","Article 86 a (new)"]],"meps":[4432],"meta":{"created":"2019-07-03T05:32:35"},"new":["Article 86a","Green Public Procurement","1. In order to encourage the most energy-","efficient office equipment products, the","entities, without prejudice to Union and","national law, shall use energy-efficient","requirements which are no less stringent","than the Energy Star Common","Specifications, as defined in Regulation","(EC) No 106/2008 of the European","Parliament and of the Council of 15","January 2008, when purchasing office","equipment products.","2. Contracting entities which conclude","procurement contracts covered by this","Directive should only procure products","which are classified in the highest","performance levels under specific","implementing measures of the Energy","Labelling Directive (Directive 2010/30/EU","of the European Parliament and of the","Council of 19 May 2010).","3. In the event that contracting entities","choose products of lower performance","level than set out in paragraphs 1 and 2 ,","that choice shall be separately justified","with regard to the full lifecycle cost of the","contract.","4. When entities purchase products,","systems, services and buildings, Member","States shall ensure that they purchase","products, systems, services and buildings","with high energy efficiency performance,","based on a whole lifecycle analysis as","referred to Article 77. Without prejudice","to Article 5 of the Energy Efficiency","Directive, when purchasing or renting a","collection or group of products, systems,","services or buildings, the aggregate","energy efficiency shall take priority over","the energy efficiency of an individual","purchase, taking into account technical","suitability and intended use."],"old":[""],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-82","location":[[" Proposal for a directive","Article 93"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:35"},"new":["deleted"],"old":["[...]"],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fiona Hall","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-83","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28477],"meta":{"created":"2019-07-03T05:32:35"},"new":["Member States shall ensure that an","independent body responsible for the","oversight and coordination of","implementation activities (hereinafter \u2018the","oversight body\u2019) is in place. Member","States shall inform the Commission of their","designation."],"old":["Member States shall appoint a single","independent body responsible for the","oversight and coordination of","implementation activities (hereinafter \u2018the","oversight body\u2019). Member States shall","inform the Commission of their","designation."],"orig_lang":"en","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-84","location":[["Proposal for a directive","Article 93 a (new)"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:35"},"new":["Article 93 a","The Commission shall submit by the end","of 2013 a report on the differing practices","in awarding contracts below the threshold","values laid down in Article 12,","particularly in the case of services to","which priority has not so far been","assigned."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-85","location":[["Proposal for a directive","Article 103 \u2013 paragraph 1"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:35"},"new":["The Commission shall review the","economic effects on the internal market","resulting from the application of the","thresholds set in Article 12 and report","thereon to the European Parliament and the","Council by 30 June 2015."],"old":["The Commission shall review the","economic effects on the internal market","resulting from the application of the","thresholds set in Article 12 and report","thereon to the European Parliament and the","Council by 30 June 2017."],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Werner Langen","changes":{},"committee":["ITRE"],"date":"2012-06-08T00:00:00","id":"PE491.185-86","location":[["Proposal for a directive","Annex 8 \u2013 paragraph 1 \u2013 point 1 \u2013 point a"]],"meps":[1928],"meta":{"created":"2019-07-03T05:32:35"},"new":["(a) 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, symbols, testing and test","methods, packaging, marking and","labelling, user instructions and conformity","assessment procedures;"],"old":["(a) 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, 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;"],"orig_lang":"de","peid":"PE491.185v01-00","reference":"2011/0439(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-491.185+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-445","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["The design of the procurement shall not","be made with the objective of excluding it","from the scope of this Directive or of","artificially narrowing competition."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"445","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-446","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:23"},"new":["The design of the procurement shall not be","made with the objective of excluding it","from the scope of this Directive or of","artificially narrowing competition.","Procedures shall always be accompanied","by suitable safeguards that ensure","compliance with the principles of equal","treatment and transparency, free","competition, advertising and efficient","management of public resources."],"old":["The design of the procurement shall not be","made with the objective of excluding it","from the scope of this Directive or of","artificially narrowing competition."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"446","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-447","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 a (new)"]],"meta":{"created":"2019-07-03T05:36:23"},"new":["Contracting entities shall respect the delay","of payment as established in Directive","2011/7/EU."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"447","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-448","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:23"},"new":["Contracting entities shall aim for \"best","value\" in procurement policy. This is","achieved through the awarding of the","public contract to the most economically","advantageous tender."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"448","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-449","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 b (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:23"},"new":["The details of procurement contracts shall","be made public."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"449","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-450","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 c (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:23"},"new":["Economic operators shall comply with","obligations relating to social and","employment protection and the working","conditions which apply in the place where","the work, service or supply is to be","performed as set out by Union and","national legislation and/or collective","agreements or international labour law","provisions listed in Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"450","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-136","location":[["Proposal for a directive","Citation 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:21"},"new":["Having regard to the Treaty on the","Functioning of the European Union, and in","particular Article 14, Article 53(1) and","Article 62 and Article 114 as well as","Protocol No 26 thereof,"],"old":["Having regard to the Treaty on the","Functioning of the European Union, and in","particular Article 53(1) and Article 62 and","Article 114 thereof,"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-451","location":[["Proposal for a directive","Article 30 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["However, in the case of service and works","contracts as well as supply contracts","covering in addition services or siting and","installation operations, legal persons may","be required to indicate, in the tender or the","request to participate, the relevant","professional qualification levels of the","staff responsible for the performance of the","contract in question."],"old":["However, in the case of service and works","contracts as well as supply contracts","covering in addition services or siting and","installation operations, legal persons may","be required to indicate, in the tender or the","request to participate, the names and","relevant professional qualifications of the","staff responsible for the performance of the","contract in question."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"451","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-452","location":[["Proposal for a directive","Article 30 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:23"},"new":["However, in the case of service and works","contracts as well as supply contracts","covering in addition services or siting and","installation operations, legal persons may","be required to indicate, in the tender or the","request to participate, the relevant","professional qualifications of the staff","responsible for the performance of the","contract in question."],"old":["However, in the case of service and works","contracts as well as supply contracts","covering in addition services or siting and","installation operations, legal persons may","be required to indicate, in the tender or the","request to participate, the names and","relevant professional qualifications of the","staff responsible for the performance of the","contract in question."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"452","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ramon Tremosa i Balcells","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-137","location":[["Proposal for a directive","Recital 1 a (new)"]],"meps":[97203],"meta":{"created":"2019-07-03T05:36:21"},"new":["(1a) All the provisions of this Directive","shall be applied respecting the internal","distribution of competences inside","Member States."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-138","justification":" Adaption to the new provisions of the Lisbon Treaty","location":[["Proposal for a directive","Recital 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:21"},"new":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility.","Public procurement rules have to respect","the distribution of competences as","enshrined in Article 14 TFEU and the","Protocol No 26. The application of those","rules should not interfere with the","freedom of public authorities to decide","how they carry out their public service","tasks."],"old":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-453","justification":"The term \u2018disadvantaged persons\u2019 needs to be specified as it is much wider than\n\u2018handicapped persons\u2019 referred to in the current Directives. This definition creates more legal\nclarity.","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled or","disadvantaged persons. 'Disadvantaged","persons' includes amongst others: the","unemployed, people experiencing","particular difficulty in achieving","integration, people at risk of exclusion,","members of vulnerable groups and","members of disadvantaged minorities."],"old":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled or","disadvantaged workers."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"453","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-139","justification":"Procurement below the threshold does not fall under the scope of this directive. Anyway the\nECJ case-law is well known, so there is no need for this Recital.","location":[[" Proposal for a directive","Recital 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:21"},"new":["deleted"],"old":["(3) For procurement the value of which is","lower than the thresholds triggering the","application of the provisions of Union","coordination, it is advisable to recall the","","case-law developed by the Court of Justice","according to which the rules and","principles of the Treaty apply."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-454","location":[["Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:23"},"new":["Member States may reserve the right to","participate in procurement procedures to:","(a) sheltered workshops mainly promoted","by and involving not-for-profit","organisations, or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that the majority of the workers","concerned are disabled persons who,","owing to the nature or seriousness of their","disabilities, cannot carry out a","professional activity under normal","conditions or find employment easily in","the ordinary market;","(b) social enterprises or programmes","whose main aim is the social and","professional integration of disadvantaged","workers, provided that more than 30 % of","the employees of those economic operators","or programmes are disadvantaged workers.","The call for competition shall make","reference to this provision.","In Member States in which circumstances","justify it, in that there are a significant","number of disabled persons who can work","but who are not working, the reservation","of contracts described in point (a) above","shall be equal to at least the number or","percentage of contracts indicated by the","contracting bodies or other competent","bodies."],"old":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social","and professional integration of disabled","and disadvantaged workers or provide for","such contracts to be performed in the","context of sheltered employment","programmes, provided that more than 30 %","of the employees of those workshops,","economic operators or programmes are","disabled or disadvantaged workers.",""],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"454","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-140","justification":" There should be no ambiguity that contracting authorities are allowed to set demands that\n go beyond the current EU-legislation in specific areas.","location":[["Proposal for a directive","Recital 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:21"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18have to be revised and","modernised in order to enable procurer to","make better use of public procurement in","support of sustainable development and","other common societal goals, thereby","increasing the efficiency of public","spending, ensuring best value for money","and facilitating in particular the","participation of small and medium-sized","enterprises in public procurement and to","enable procurers to make better use of","public procurement in support of common","societal goals. There is also a need to","simplify the Directives and to clarify basic","notions and concepts to ensure better legal","certainty and to incorporate certain aspects","of related well-established case-law of the","Court of Justice of the European Union.","This Directive provides legislation on how","to buy. Contracting entities may set","demands that are stricter or go further","than current Union legislation in order to","reach the common objectives."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy16 as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors17 and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts18 have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-455","location":[[" Proposal for a directive","Article 32 \u2013 paragraph 1 - subparagraph 1 a (new)"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:23"},"new":["Non-compliance with this obligation shall","render the contracting entity liable."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"455","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-456","justification":"To clarify that this rule does not apply if the contracting authority is entitled or obliged to\npass the relevant information - for example in due process of law.","location":[[" Proposal for a directive","Article 32 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["2. Notwithstanding provisions in this","Directive or in the national law and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive","the contracting entity shall not disclose","information forwarded to it by economic","operators which they have designated as","confidential, including, but not limited to,","technical or trade secrets and the","confidential aspects of tenders."],"old":["2. Unless otherwise provided in this","Directive or in the national law concerning","access to information, and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive","the contracting entity shall not disclose","","information forwarded to it by economic","operators which they have designated as","confidential, including, but not limited to,","technical or trade secrets and the","confidential aspects of tenders."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"456","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-141","justification":"Social considerations are not enough covered by the Commission proposal","location":[[" Proposal for a directive","Recital 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:21"},"new":["(5) Under Article 9, 10 and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and social considerations","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development and how they can","use their discretionary power to select","technical specifications and award","criteria with the aim of achieving","sustainable public procurement, whilst","ensuring the link to the subject matter of","the contract and obtaining the best value","for money for their contracts."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts.",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-457","location":[["Proposal for a directive","Article 32 \u2013 paragraph 2"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:24"},"new":["2. Unless otherwise provided in this","Directive or in the national law concerning","access to information, and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive","the contracting entity shall not disclose","information and details of tenders","forwarded to it by economic operators."],"old":["2. Unless otherwise provided in this","Directive or in the national law concerning","access to information, and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive","the contracting entity shall not disclose","information forwarded to it by economic","operators which they have designated as","confidential, including, but not limited to,","technical or trade secrets and the","confidential aspects of tenders."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"457","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-142","location":[["Proposal for a directive","Recital 5"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:21"},"new":["(5) Under Article 9 of the Treaty on the","Functioning of the European Union, the","Union must take into account","requirements linked to the promotion of a","high level of employment, the guarantee","of adequate social protection, the fight","against social exclusion, and a high level","of education, training and protection of","human health in defining and","implementing its policies and activities.","Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","authorities should contribute to the","protection of the environment, social","protection and public health and safety","and can use their discretionary powers to","lay down technical specifications and","award criteria conducive to the conclusion","of socially and environmentally","sustainable public contracts, whilst","guaranteeing a link with the subject-","matter of the contract and ensuring that","they can obtain the best value for money","for their contracts. This Directive","recognises in particular the right of any","Member State to ratify and comply with","ILO Convention No. 94."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts.",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-458","justification":" Strengthening of the provisions on the confidentiality of the information forwarded by\n candidates or tenderers to the contracting entity during the award procedure. The contracting\n entity is liable if sensitive information, such as technical or trade secrets, is disclosed.","location":[["Proposal for a directive","Article 32 \u2013 paragraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:24"},"new":["2. Unless otherwise provided in this","Directive or in the national law concerning","access to information, and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive,","the contracting entity shall not disclose","information forwarded to it by economic","operators, in particular technical or trade","secrets and the confidential aspects of","tenders.","Non-compliance with this obligation shall","render the contracting entity liable."],"old":["2. Unless otherwise provided in this","Directive or in the national law concerning","access to information, and without","prejudice to the obligations relating to the","advertising of awarded contracts and to the","information to candidates and tenderers set","out in Articles 64 and 69 of this directive","the contracting entity shall not disclose","information forwarded to it by economic","operators which they have designated as","confidential, including, but not limited to,","technical or trade secrets and the","confidential aspects of tenders."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"458","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-143","location":[[" Proposal for a directive","Recital 5"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:22"},"new":["(5) Under Article 9, 10 and 11 of the","Treaty on the Functioning of the European","Union, environmental protection","requirements and key social principles","must be integrated into the definition and","implementation of the Union policies and","activities. Under Article 3(3) of the Treaty","on the European Union, the Union is also","committed to contributing to sustainable","development. Accordingly it is important","to consider such principles when making","procurement decisions, and in relation to","all stages in the supply chain. This","Directive clarifies how the contracting","entities have broad discretion to use","technical specifications, award criteria","and contract performance clauses to","contribute to the protection of the","environment and the promotion of","sustainable development, whilst","guaranteeing a link with the subject-","matter of the contract and ensuring that","they can obtain the best value for money","for their contracts."],"old":["(5) Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-459","location":[[" Proposal for a directive","Article 32 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:24"},"new":["2a. Article 32 (1) and (2) shall not prevent","the public disclosure of contracts once","concluded including any subsequent","changes."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"459","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-144","justification":"This notion is too vague and creates no legal security and is contrary to the idea of dividing\ncontracts into lots.","location":[["Proposal for a directive","Recital 6"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:22"},"new":["(6) It is appropriate that the notion of","procurement or the definition of what","constitutes a single procurement are as","close as possible to those applied pursuant","to Directive [\u2026] of the European","Parliament and of the Council of [\u2026] on","public procurement19 , having due regard","for the specificities of the sectors covered","by this Directive. The concept of single","procurement encompasses all supplies,","works and services needed to carry out a","particular project, for instance a works","project or an entirety of works, supplies","and/or services."],"old":["(6) It is appropriate that the notion of","procurement or the definition of what","constitutes a single procurement are as","close as possible to those applied pursuant","to Directive [\u2026] of the European","Parliament and of the Council of [\u2026] on","public procurement19 , having due regard","for the specificities of the sectors covered","by this Directive. The concept of single","procurement encompasses all supplies,","works and services needed to carry out a","particular project, for instance a works","project or an entirety of works, supplies","and/or services. Indications for the","existence of one single project can for","instance consist in overall prior planning","and conception by the contracting entity,","the fact that the different elements","purchased fulfil a single economic and","technical function or that they are","otherwise logically interlinked and carried","out in a narrow time frame."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-750","justification":"It should be noted that life cycle costing should be given particular attention. This criterion\nshould not constitute a burden for SMEs, which may face costs and administrative burden in\nindicating life cycle costs of a product. Practically it may also constitute complications as\nthere are different methodologies allowed to establish the cost.","location":[["Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point a"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:22"},"new":["(a) internal costs, including costs relating","to acquisition, costs of use, such as energy","consumption and use of other resources,","maintenance costs, and end of life, such as","collection and recycling costs and"],"old":["(a) internal costs, including costs relating","to acquisition, such as production costs,","use, such as energy consumption,","maintenance costs and end of life, such as","collection and recycling costs and"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"750","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-145","justification":" As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\n sector-specific regulation and the evolution of the market, it is no longer necessary to\n regulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\n exclude postal services and all the more so \u201cother services than postal services\u201d, from the\n scope of the Directive and allow all entities operating in the sector to base their decisions on\n purely economic criteria.","location":[["Proposal for a directive","Recital 10 a (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:22"},"new":["(10a) It is appropriate to exclude","procurement made for postal services and","other services than postal services as that","sector has consistently been found to be","subject to such competitive pressure that","the procurement discipline brought about","by the EU procurement rules is no longer","needed."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-460","location":[["Proposal for a directive","Article 32 \u2013 paragraph 2 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:24"},"new":["2a. This Article shall not prevent public","disclosure of concluded contracts,","including any subsequent changes."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"460","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-751","location":[["Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point a"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:22"},"new":["(a) costs relating to acquisition,","(aa) costs of use, such as consumption of","energy and other resources,","(ab) maintenance costs;","(ac) end of life costs, such as collection","and recycling costs;"],"old":["(a) internal costs, including costs relating","to acquisition, such as production costs,","use, such as energy consumption,","maintenance costs and end of life, such as","collection and recycling costs and"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"751","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-461","justification":"In practice, telephone is not used for such procedures. Communication means which are\nquicker and ensure traceability are preferred.","location":[["Proposal for a directive","Article 33 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["(c) telephone in the cases and","circumstances referred to in paragraph 6;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"461","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andr\u00e1s Gy\u00fcrk, Ildik\u00f3 G\u00e1ll-Pelcz","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-146","location":[[" Proposal for a directive","Recital 10 a (new)"]],"meps":[23816,102886],"meta":{"created":"2019-07-03T05:36:22"},"new":["(10a) It is appropriate to exclude","procurement made for the purpose of","providing postal services as the postal","liberalisation process with full market","opening in all Member States by 31","December 2012 shall introduce effective","competition in this sector."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-752","justification":" External costs are difficult to quantify and at the same time life-cycling costing should not\n lead to new barriers for the free movement of goods and services in the single market.\n External costs should therefore not be included in the life-cycle costing.","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point b"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:22"},"new":["deleted"],"old":["(b) external environmental costs directly","linked to the life cycle, provided their","monetary value can be determined and","verified, which may include the cost of","emissions of greenhouse gases and of","other pollutant emissions and other","climate change mitigation costs."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"752","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-462","location":[["Proposal for a directive","Article 33 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:24"},"new":["To ensure the interoperability of technical","formats as well as of process and","messaging standards, especially in a cross-","border context, the Commission should","recommend use of specific technical","standards, at least with regard to the use of","e-submission, electronic catalogues and","means for electronic authentication."],"old":["To ensure the interoperability of technical","formats as well as of process and","messaging standards, especially in a cross-","border context, the Commission shall be","","empowered to adopt delegated acts in","accordance with Article 98 to establish the","mandatory use of certain technical","standards, at least with regard to the use of","e-submission, electronic catalogues and","means for electronic authentication."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"462","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Adam Bielan, Marek Siwiec","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-147","justification":"As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\nsector-specific regulation and the evolution of the market, it is no longer necessary to\nregulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\nexclude postal services and all the more so \u201cother services than postal services\u201d, from the\nscope of the Directive and allow all entities operating in the sector to base their decisions on\npurely economic criteria.","location":[["Proposal for a directive","Recital 10 a (new)"]],"meps":[23788,28380],"meta":{"created":"2019-07-03T05:36:22"},"new":["(10a) It is appropriate to exclude","procurement made for postal services and","other services than postal services as that","sector has consistently been found to be","subject to such competitive pressure that","the procurement discipline brought about","by the EU procurement rules is no longer","needed."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-753","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["(b) external costs such as social and/or","environmental costs, directly linked to the","life cycle, provided their monetary value","can be determined and verified, which may","include the cost of emissions of greenhouse","gases and of other pollutant emissions and","other climate change mitigation costs."],"old":["(b) external environmental costs directly","linked to the life cycle, provided their","monetary value can be determined and","verified, which may include the cost of","emissions of greenhouse gases and of other","pollutant emissions and other climate","change mitigation costs."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"753","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-463","justification":" In practice, telephone is not used for such procedures. Communication means which are\n quicker and ensure traceability are preferred.","location":[[" Proposal for a directive","Article 33 \u2013 paragraph 6 \u2013 subparagraph 1 \u2013 point a"]],"meta":{"created":"2019-07-03T05:36:24"},"new":["(a) requests to participate in procedures for","the award of contracts may be made in","writing;"],"old":["(a) requests to participate in procedures for","the award of contracts may be made in","writing or by telephone; in the latter case,","a written confirmation must be sent","before expiry of the time limit set for their","receipt;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"463","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-148","justification":" As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\n sector-specific regulation and the evolution of the market, it is no longer necessary to\n regulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\n exclude postal services and all the more so \u201cother services than postal services\u201d, from the\n scope of the Directive and allow all entities operating in the sector to base their decisions on\n purely economic criteria.","location":[["Proposal for a directive","Recital 10 a (new)"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:22"},"new":["(10a) It is appropriate to exclude","procurement made for postal services and","other services than postal services as that","sector has consistently been found to be","subject to such competitive pressure that","the procurement discipline brought about","by the EU procurement rules is no longer","needed."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-754","location":[["Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point b"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:23"},"new":["(b) external environmental costs directly","linked to the life cycle, including taxes,","provided their monetary value can be","determined and verified, which may","include the cost of emissions of greenhouse","gases and of other pollutant emissions and","other climate change mitigation costs."],"old":["(b) external environmental costs directly","linked to the life cycle, provided their","monetary value can be determined and","verified, which may include the cost of","emissions of greenhouse gases and of other","pollutant emissions and other climate","change mitigation costs."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"754","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-464","justification":"This timeframe is too tight.","location":[[" Proposal for a directive","Article 34 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["Member States shall ensure that, at the","latest 4 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."],"old":["Member States shall ensure that, at the","latest 2 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"464","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-149","location":[[" Proposal for a directive","Recital 10 a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:23"},"new":["(10a) It is appropriate to exclude","procurement relating to postal services","and other services than postal services","since that sector has systematically been","shown to be subject to such competitive","pressure as to render superfluous the","application of European procurement","rules."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-755","justification":"It should be noted that life cycle costing should be given particular attention. This criterion\nshould not constitute a burden for SMEs, which may face costs and administrative burden in\nindicating life cycle costs of a product. Practically it may also constitute complications as\nthere are different methodologies allowed to establish the cost.","location":[["Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:23"},"new":["(b) external environmental costs directly","linked to the life cycle of the product,","provided their monetary value can be","determined and verified."],"old":["(b) external environmental costs directly","linked to the life cycle, provided their","monetary value can be determined and","verified, which may include the cost of","emissions of greenhouse gases and of","other pollutant emissions and other","climate change mitigation costs."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"755","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-465","justification":"This two step approach is considered as more realistic and achievable target setting, and\nallows contracting authorities sufficient planning and implementation time.","location":[["Proposal for a directive","Article 34 \u2013 paragraph 1"]],"meps":[4538,96704,28223,96873],"meta":{"created":"2019-07-03T05:36:24"},"new":["Member States shall ensure that, by the 1st","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."],"old":["Member States shall ensure that, at the","latest 2 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"465","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-756","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["2. Where contracting entities assess the","costs using a life-cycle costing approach,","they shall indicate in the procurement","documents the data to be provided by the","tenderers and the method which the","contracting authority will use to","determine the life-cycle costs. The method","used for the assessment of those life-cycle","costs must fulfil all of the following","conditions:"],"old":["2. Where contracting entities assess the","costs using 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:"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"756","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-150","location":[[" Proposal for a directive","Recital 12"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:23"},"new":["(12) Even if they do not necessarily lead to","corrupt conduct, actual, potential or","perceived conflicts of interest have a high","potential to improperly influence public","procurement decisions with the effect of","distorting competition and jeopardising","equal treatment of tenderers. Effective","mechanisms should therefore be set up to","prevent, identify and remedy conflicts of","interest. Given the differences in the","decision-making processes of respectively","contracting authorities and undertakings, it","is appropriate to limit such provisions to","procurement carried out by the former.","Effective mechanisms should therefore be","set up to prevent, identify and remedy","conflicts of interest. Given the differences","in the decision-making processes of","respectively contracting authorities and","undertakings, it is appropriate to limit such","provisions to procurement carried out by","the former."],"old":["(12) Even if they do not necessarily lead to","corrupt conduct, actual, potential or","perceived conflicts of interest have a high","potential to improperly influence public","procurement decisions with the effect of","distorting competition and jeopardising","equal treatment of tenderers. Effective","mechanisms should therefore be set up to","","","prevent, identify and remedy conflicts of","interest. Given the differences in the","decision-making processes of respectively","contracting authorities and undertakings, it","is appropriate to limit such provisions to","procurement carried out by the former.","Effective mechanisms should therefore be","set up to prevent, identify and remedy","conflicts of interest. Given the differences","in the decision-making processes of","respectively contracting authorities and","undertakings, it is appropriate to limit such","provisions to procurement carried out by","the former."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-466","location":[[" Proposal for a directive","Article 34 \u2013 paragraph 1"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:24"},"new":["Member States shall take all necessary","steps to facilitate the use of electronic","means of communication, in particular e-","submission, for all procurement","procedures under this Directive, in","accordance with the requirements of this","Article."],"old":["Member States shall ensure that, at the","latest 2 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"466","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-151","location":[["Proposal for a directive","Recital 13"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:23"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure, as well as any activity","that fails to comply with labour,","environmental, social (particularly","regarding the integration of persons with","disabilities) and public health standards,","can result in violations of the basic","principles of Union law and in serious","distortions of competition. Economic","operators should therefore be required to","submit a declaration on honour that they do","not engage in such illicit activities and be","excluded if this declaration proves to be","false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false."],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-757","justification":"It would be disproportionate to set out detailed provisions on the methodology for the\ncalculation of life-cycle costs in this directive if life-cycle costing is limited to internal costs\nstarting at the point of purchase, as requested above. As internal costs can be measured\nrelatively easily based on factual data, contracting authorities should be entrusted to use their\nown methodology (which still must be published).","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:23"},"new":["2. Where contracting authorities use a life-","cycle costing approach, they shall indicate","in the procurement documents the data 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."],"old":["2. Where contracting entities assess the","costs using 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 parties."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"757","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-467","location":[[" Proposal for a directive","Article 34 \u2013 paragraph 1"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:24"},"new":["Member States shall ensure that, at the","latest 3 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."],"old":["Member States shall ensure that, at the","latest 2 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"467","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-152","location":[[" Proposal for a directive","Recital 14 a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:23"},"new":["(14a) The objectives of improving the","access of EU economic operators to the","public procurement markets of certain","third countries protected by restrictive","procurement measures and preserving","equal conditions of competition within the","European Single Market require that the","treatment of third-country works, supplies","and services not covered by the","international commitments of the Union","be harmonised throughout the European","Union."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-758","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["(a) it is based on objectively verifiable and","non-discriminatory criteria;"],"old":["(a) it has been drawn up on the basis of","scientific information or is based on other","objectively verifiable and non-","discriminatory criteria;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"758","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-153","location":[[" Proposal for a directive","Recital 14 b (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:23"},"new":["(14b) Contracting entities should exclude","from procedures for the award of","contracts any works, supplies and services","that are not covered by the international","commitments of the Union. In the","interests of transparency, contracting","entities that intend to exercise this","competence, in accordance with this","Directive, to exclude from procedures for","the award of contracts any tenders that","include products, works, supplies and","services originating from outside the EU","and in respect of which the value of the","products, works, supplies and services not","covered exceeds 50 % of the total value of","these products, works, supplies and","services, should inform the economic","operators of this intention."],"old":[""],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-468","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:24"},"new":["Member States shall provide for rules to","effectively prevent, identify and","immediately remedy conflicts of interests","arising in the conduct of procurement","procedures that are subject to this","Directive, including the design and","preparation of the procedure, the drawing-","up of the procurement documents, the","selection of candidates and tenderers and","the award of the contract, so as to avoid","any distortion of competition and ensure","equal treatment of all tenderers."],"old":["Member States shall, in respect of","contracting authorities within the","","meaning of point 1 of Article 2, provide","for rules to effectively prevent, identify and","immediately remedy conflicts of interests","arising in the conduct of procurement","procedures that are subject to this","Directive, including the design and","preparation of the procedure, the drawing-","up of the procurement documents, the","selection of candidates and tenderers and","the award of the contract, so as to avoid","any distortion of competition and ensure","equal treatment of all tenderers."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"468","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-759","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point a"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:23"},"new":["(a) it has been drawn up in close","consultation with stakeholders, including","industry and is based on scientific","information or is based on other","objectively verifiable and non-","discriminatory criteria;"],"old":["(a) it has been drawn up on the basis of","scientific information or is based on other","objectively verifiable and non-","discriminatory criteria;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"759","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-154","location":[["Proposal for a directive","Recital 15 a (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:23"},"new":["(15a) The objectives of improving the","access of Union economic operators to the","public procurement markets of certain","third countries protected by restrictive","procurement measures and preserving","equal conditions of competition within the","European Single Market require that the","treatment of third-country supplies and","services not covered by the international","commitments of the Union be harmonised","throughout the Union. The Commission","should assess whether to approve that","contracting entities exclude, for contracts","with an estimated value equal or above","EUR 5.000.000 from procedures for the","award of contracts for supplies and","services not covered by the international","commitments to which the European","Union is a party."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-469","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:25"},"new":["The notion of conflict of interests shall at","least cover any situation where the","categories of persons referred to in","paragraph 2 have, directly or indirectly, a","common interest in the outcome of the","procurement procedure, which may be","perceived to impair the impartial and","objective performance of their duties."],"old":["The notion of conflict of interests shall at","least cover any situation where the","categories of persons referred to in","paragraph 2 have, directly or indirectly, a","private interest in the outcome of the","procurement procedure, which may be","perceived to impair the impartial and","objective performance of their duties."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"469","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-760","justification":" This provision would exclude the possibility of applying a bespoke methodology suitable for\n one particular contract, which is possible under the current directives.","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["(b) it has been established for repeated or","continuous application;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"760","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-155","location":[["Proposal for a directive","Recital 15 b (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:23"},"new":["(15b) To ensure transparency, contracting","entities intending to make use of their","power to exclude tenders comprising","supplies and/or services originating from","outside the European Union, in which the","value of the non-covered supplies or","services exceeds 50 % of the total value of","these supplies or services from procedures","for the award of contracts, should inform","economic operators thereof in the","contract notice published in the Official","Journal of the European Union. The","Commission should approve the intended","exclusion if the international agreement","concerning market access in the field of","public procurement between the Union","and the country where the supplies and/or","services originate contains, for the","supplies and/or services for which the","exclusion is proposed, explicit market","access reservations taken by the Union.","Where such an agreement does not exist,","the Commission should approve the","exclusion where the third country","maintains restrictive procurement","measures leading to a lack of substantial","reciprocity in market opening between the","Union and the third country concerned","for supplies, services and economic","operators."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-761","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["(ca) The data required can be provided","with reasonable effort by normally","diligent economic operators, including","operators from third countries."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"761","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-470","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:25"},"new":["The notion of conflict of interests shall","cover any situation where the categories of","persons referred to in paragraph 2 have,","directly or indirectly, a private interest in","the outcome of the procurement procedure,","which may be perceived to impair the","impartial and objective performance of","their duties."],"old":["The notion of conflict of interests shall at","least cover any situation where the","","categories of persons referred to in","paragraph 2 have, directly or indirectly, a","private interest in the outcome of the","procurement procedure, which may be","perceived to impair the impartial and","objective performance of their duties."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"470","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-156","justification":"This statement does not take into account the position of the Parliament in his response to the\nGreen Paper of the Commission.","location":[[" Proposal for a directive","Recital 16"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["(16) The results of the Evaluation","demonstrated that the exclusion of certain","","services from the full application of this","directive should be reviewed. As a result,","the full application of the Directive is","extended to a number of services (such as","hotel and legal services, which both","showed a particularly high percentage of","cross-border trade)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-762","justification":"It should be noted that life cycle costing should be given particular attention. This criterion\nshould not constitute a burden for SMEs, which may face costs and administrative burden in\nindicating life cycle costs of a product. Practically it may also constitute complications as\nthere are different methodologies allowed to establish the cost","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point c a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:23"},"new":["(ca) the data required can be provided","with reasonable effort by normally","diligent economic operators,"],"old":["",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"762","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-471","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:25"},"new":["The notion of conflict of interests shall","cover any situation where the categories of","persons referred to in paragraph 2 have,","directly or indirectly, a private interest in","the outcome of the procurement procedure,","which may be perceived to impair the","impartial and objective performance of","their duties."],"old":["The notion of conflict of interests shall at","least cover any situation where the","categories of persons referred to in","paragraph 2 have, directly or indirectly, a","private interest in the outcome of the","procurement procedure, which may be","perceived to impair the impartial and","objective performance of their duties."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"471","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-157","location":[["Proposal for a directive","Recital 16"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["(16) The results of the Evaluation","demonstrated that the exclusion of certain","services from the full application of this","directive should be reviewed. As a result,","the full application of the Directive is","extended to a number of services (such as","hotel and legal services, which both","showed a particularly high percentage of","cross-border trade)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-763","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["Contracting entities shall allow economic","operators, including economic operators","from third countries, to apply a different","methodology for establishing the life-cycle","costs of their offer, provided that they","prove that this methodology complies with","the requirements set out in points a, b and","c and is equivalent to the methodology","indicated by the contracting entity."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"763","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-472","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:25"},"new":["For the purposes of this Article, \"common","interests' means any economic interest or","family ties, shared with the candidates or","the tenderers, including conflicting","professional interests."],"old":["For the purposes of this Article, \u2018private","interests\u2019 means any family, emotional life,","economic, political or other shared","interests with the candidates or the","tenderers, including conflicting","professional interests."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"472","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-158","location":[["Proposal for a directive","Recital 16"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["(16) The results of the Evaluation","demonstrated that the exclusion of certain","services from the full application of this","directive should be reviewed. As a result,","the full application of the Directive is","extended to a number of services (such as","hotel and legal services, which both","showed a particularly high percentage of","cross-border trade)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-764","justification":" It would be disproportionate to set out detailed provisions on the methodology for the\n calculation of life-cycle costs in this directive if life-cycle costing is limited to internal costs\n starting at the point of purchase, as requested above. As internal costs can be measured\n relatively easily based on factual data, contracting authorities should be entrusted to use their\n own methodology (which still must be published).","location":[["Proposal for a directive","Article 77 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["Contracting entities shall allow economic","operators, including economic operators","from third countries, to apply a different","methodology for establishing the life-cycle","","","costs of their offer, provided that they","prove that this methodology complies with","the requirements set out in points a, b and","c and is equivalent to the methodology","indicated by the contracting entity."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"764","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-159","location":[[" Proposal for a directive","Recital 17"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["(17) Other categories of services continue","by their very nature to have a limited","cross-border dimension, namely what are","known as services to the person such as","certain social, health and educational","services. Those services are provided","within a particular context that varies","widely amongst Member States, due to","different cultural traditions. A specific","regime should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be","of interest to providers from other","Member States unless there are concrete","indications to the contrary, such as Union","financing for transborder projects.","Contracts for services to the person above","this threshold should be subject to Union-","wide transparency. Given the importance","of the cultural context and the sensitivity","","of those services, Member States should","be given wide discretion to organise the","choice of the service providers in the way","they consider most appropriate. The rules","of this directive take account of that","imperative, imposing only observance of","basic principles of transparency and equal","treatment and making sure that","contracting entities are able to apply","specific quality criteria for the choice of","service providers, such as the criteria set","out in the voluntary European Quality","Framework for Social Services of the","European Union's Social Protection","Committee26 . Member States and/or","contracting entities remain free to provide","those services themselves or to organise","social services in a way that does not","entail the conclusion of public contracts,","for example through the mere financing","of such services or by granting licences or","authorisations to all economic operators","meeting the conditions established","beforehand by the contracting entity,","without any limits or quotas, provided","such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-473","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:25"},"new":["'Private interests' shall be understood to","mean any property or financial shared","interests with the candidates or the","tenderers or advantages stemming from","direct financial payments linked to","employment, an employment contract or","investments as well as involvement in","activities supported under the contracts."],"old":["For the purposes of this Article, 'private","interests' means any family, emotional","life, economic, political or other shared","interests with the candidates or the","tenderers, including conflicting","professional interests."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"473","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Birgit Collin-Langen, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-765","justification":"Provisions which encourage contracting authorities to use life-cycle costs as an award\ncriterion are welcome. However, the legal requirement refers to a future calculation method\nwhich has still to be specified and should be rejected at this point, on grounds of\nunforeseeability.","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 3"]],"meps":[28223,112788,96756],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["3. Whenever a common methodology for","the calculation of life-cycle costs is","adopted as part of a legislative act of the","Union, including by delegated acts","pursuant to sector specific legislation, it","shall be applied where life-cycle costing is","included in the award criteria referred to","in Article 76 (1).","A list of such legislative and delegated","acts is set out in Annex XV. The","Commission, shall be empowered to adopt","delegated acts in accordance with Article","98 concerning the update of this list,","when on the basis of the adoption of new","legislation, repeal or modification of such","legislation, such amendments prove","necessary."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"765","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-160","location":[["Proposal for a directive","Recital 17"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["(17) Some categories of services continue","by their very nature to have a limited cross-","border dimension, namely what are known","as services to the person such as certain","social, health and educational services.","Those services are provided within a","particular context that varies widely","amongst Member States, due to different","cultural traditions. A specific regime","should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be of","interest to providers from other Member","States unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of those","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","entities are able to apply specific quality","criteria for the choice of service providers,","such as the criteria set out in the voluntary","European Quality Framework for Social","Services of the European Union's Social","Protection Committee26. Member States","and/or contracting entities remain free to","provide those services themselves or to","organise social services in a way that does","not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","entity, without any limits or quotas, or in","giving legal rights of all sorts to economic","operators for the provision of those","services, provided such a system ensures","sufficient advertising and complies with","the principles of transparency and non-","discrimination."],"old":["(17) Other categories of services continue","by their very nature to have a limited cross-","border dimension, namely what are known","as services to the person such as certain","social, health and educational services.","Those services are provided within a","","particular context that varies widely","amongst Member States, due to different","cultural traditions. A specific regime","should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be of","interest to providers from other Member","States unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of those","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","entities are able to apply specific quality","criteria for the choice of service providers,","such as the criteria set out in the voluntary","European Quality Framework for Social","Services of the European Union's Social","Protection Committee26. Member States","and/or contracting entities remain free to","provide those services themselves or to","organise social services in a way that does","not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","entity, without any limits or quotas,","provided such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-766","justification":"It would be disproportionate to set out detailed provisions on the methodology for the\ncalculation of life-cycle costs in this directive if life-cycle costing is limited to internal costs\nstarting at the point of purchase, as requested above. As internal costs can be measured\nrelatively easily based on factual data, contracting authorities should be entrusted to use their\nown methodology (which still must be published).","location":[["Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:23"},"new":["deleted"],"old":["3. Whenever a common methodology for","the calculation of life-cycle costs is","adopted as part of a legislative act of the","Union, including by delegated acts","pursuant to sector specific legislation, it","shall be applied where life-cycle costing is","included in the award criteria referred to","in Article 76 (1)."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"766","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-161","justification":" In line with the general approach of simplifying the Directives, it would not be appropriate, at\n this time, to subject other categories of services to the full application of the Directives. These\n services should, however, be subject to the specific regime for social and other specific\n services and the results of the application of this regime should be reviewed (by the\n Commission) within three years of the date when this Directive is implemented by Member\n States.","location":[["Proposal for a directive","Recital 17"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:24"},"new":["(17) The results of the Evaluation on the","Impact and Effectiveness of EU Public","Procurement Legislation demonstrated","that the exclusion of certain services from","the full application of the Directive should","be reviewed. Some categories of services","continue by their very nature to have a","limited cross-border dimension, for","example what are known as services to the","person, such as certain social, health and","educational services. These services are","provided within a particular context that","varies widely amongst Member States, due","to different cultural traditions. A specific","regime should therefore be established for","public contracts for these services, with a","higher threshold of EUR 1 000 000.","Services to the person with values below","this threshold will typically not be of","interest to providers from other Member","States, unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of these","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","authorities are able to apply specific","quality criteria for the choice of service","providers, such as the criteria set out in the","voluntary European Quality Framework for","Social Services of the European Union's","Social Protection Committee. Member","States and/or public authorities remain","free to provide these services themselves","or to organise social services in a way that","does not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","authority, without any limits or quotas,","provided such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"old":["(17) Other categories of services continue","by their very nature to have a limited cross-","border dimension, namely what are known","as services to the person such as certain","social, health and educational services.","Those services are provided within a","particular context that varies widely","amongst Member States, due to different","cultural traditions. A specific regime","should therefore be established for","contracts for those services, with a higher","threshold of EUR 1 000 000. In the","particular context of procurement in those","sectors, services to the person with values","below this threshold will typically not be of","interest to providers from other Member","States unless there are concrete indications","to the contrary, such as Union financing for","transborder projects. Contracts for services","to the person above this threshold should","be subject to Union-wide transparency.","Given the importance of the cultural","context and the sensitivity of those","services, Member States should be given","wide discretion to organise the choice of","the service providers in the way they","consider most appropriate. The rules of this","directive take account of that imperative,","imposing only observance of basic","principles of transparency and equal","treatment and making sure that contracting","entities are able to apply specific quality","criteria for the choice of service providers,","such as the criteria set out in the voluntary","European Quality Framework for Social","Services of the European Union's Social","","Protection Committee. Member States","and/or contracting entities remain free to","provide those services themselves or to","organise social services in a way that does","not entail the conclusion of public","contracts, for example through the mere","financing of such services or by granting","licences or authorisations to all economic","operators meeting the conditions","established beforehand by the contracting","entity, without any limits or quotas,","provided such a system ensures sufficient","advertising and complies with the","principles of transparency and non-","discrimination."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-474","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:25"},"new":["For the purposes of this Article, \"private","interests\" means any family, economic or","political shared interests with the","candidates or the tenderers, including","conflicting professional interests."],"old":["For the purposes of this Article, \"private","interests\" means any family, emotional","life, economic, political or other shared","interests with the candidates or the","tenderers, including conflicting","professional interests."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"474","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-767","justification":" Contracting authorities should be encouraged to consider lifecycle costs. However the\n development of the calculation method is still experiencing problems. An obligation to use the\n EU method is far too ambitious further more European legislation on public procurement sets\n minimum requirement contracting authorities may go further in their requirements as long as\n they comply with the Treaty principles and the specific requirements for award criteria.","location":[["Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:23"},"new":["3. Any common methodology for the","calculation of life-cycle costs adopted as","part of a legislative act of the Union,","pursuant to sector specific legislation, or as","part of a European technical specification","shall be deemed to meet the criteria as set","out in Paragraph 2 and may be included","in the award criteria referred to in Article","76 (1)."],"old":["3. Whenever a common methodology for","the calculation of life-cycle costs is","","adopted as part of a legislative act of the","Union, including by delegated acts","pursuant to sector specific legislation, it","shall be applied where life-cycle costing is","included in the award criteria referred to in","Article 76 (1)."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"767","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-162","justification":"Many EU enterprises, in particular SMEs, have built their business around procurements of\nthe EU institutions. The Financial Regulation should take on board the changes brought\nabout by this modernisation exercise to ensure a level playing field.","location":[[" Proposal for a directive","Recital 18"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:24"},"new":["(18) Being addressed to Member States,","this directive does not apply to","procurement carried out by international","organisations on their own behalf and for","their own account. There is, however, a","need to clarify to what extent this directive","should be applied to procurement governed","by specific international rules. The","European Institutions should, in","particular, take into account the changes","effected by this Directive and adjust their","own procurement rules accordingly to","reflect these changes."],"old":["(18) Being addressed to Member States,","this directive does not apply to","procurement carried out by international","organisations on their own behalf and for","their own account. There is, however, a","need to clarify to what extent this directive","","should be applied to procurement governed","by specific international rules."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-475","location":[["Proposal for a directive","Article 36 \u2013 paragraph 2 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:25"},"new":["deleted"],"old":["(b) the chairperson of the contracting","authority and members of decision-","making bodies of the contracting","authority who, without necessarily being","involved in the conduct of the","procurement procedure, may nevertheless","influence the outcome of that procedure."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"475","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-768","justification":" It is crucial that common method for the calculation of life cycle costs is adopted by a\n legislative act of the Union, and that the Commission may only update annex XV. It should be\n clear from the wording of Article 67 (3) second subparagraph that it confers on the\n Commission only the right to adopt delegated acts with the objective to update Annex XV.\n Under no circumstances it shall constitute a basis for the Commission to adopt delegated acts\n\n\nmaking any LCC methodology mandatory.","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:23"},"new":["3. Whenever a common methodology for","the calculation of life-cycle costs covering","among others environmental externalities","has been made mandatory by a legislative","act of the Union, it shall be applied where","life-cycle costing is included in the award","criteria referred to in Article 76(1)."],"old":["3. Whenever a common methodology for","the calculation of life-cycle costs is","adopted as part of a legislative act of the","Union, including by delegated acts","pursuant to sector specific legislation, it","shall be applied where life-cycle costing is","included in the award criteria referred to in","Article 76 (1)."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"768","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-163","justification":" Public-public cooperation does - under certain conditions - not fall under the Procurement\n regime as the ECJ has clearly stated several times.","location":[["Proposal for a directive","Recital 19"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["(19) The relevant case-law of the Court of","Justice of the European Union on","cooperation between public authorities is","interpreted divergently between Member","States and even between contracting","authorities. As this jurisprudence would be","equally applicable to public authorities","when operating in the sectors covered by","this directive, it is appropriate to ensure","that the same rules apply in both this","directive and Directive [.../.../EU][on","public procurement]. Contracts awarded to","controlled entities or cooperation for the","joint execution of the public service tasks","of the participating contracting","authorities are not subject of the pubic","procurement rules if the conditions set out","in this directive are fulfilled."],"old":["(19) There is considerable legal","uncertainty as to how far cooperation","between public authorities should be","covered by public procurement rules. The","relevant case-law of the Court of Justice of","the European Union is interpreted","divergently between Member States and","even between contracting authorities. As","this jurisprudence would be equally","applicable to public authorities when","operating in the sectors covered by this","directive, it is appropriate to ensure that the","same rules apply in both this directive and","Directive [\u2026/\u2026/EU][on public","procurement]."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-476","justification":" 'Members of the decision making bodies' means local councillors, regional and national\n deputies - this is a very far reaching definition creating a lot of bureaucracy. There are other\n instruments in place in most Member States better adapted to the need to fight corruption.","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 2 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:25"},"new":["(b) the chairperson of the contracting","authority who, without necessarily being","involved in the conduct of the procurement","procedure, may nevertheless influence the","outcome of that procedure."],"old":["(b) the chairperson of the contracting","authority and members of decision-","making bodies of the contracting authority","who, without necessarily being involved in","the conduct of the procurement procedure,","may nevertheless influence the outcome of","that procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"476","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-769","justification":"It would be disproportionate to set out detailed provisions on the methodology for the\ncalculation of life-cycle costs in this directive if life-cycle costing is limited to internal costs\nstarting at the point of purchase, as requested above. As internal costs can be measured\nrelatively easily based on factual data, contracting authorities should be entrusted to use their\nown methodology (which still must be published).","location":[["Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["A list of such legislative and delegated","acts is set out in Annex XV. The","Commission, shall be empowered to adopt","delegated acts in accordance with Article","98 concerning the update of this list,","when on the basis of the adoption of new","legislation, repeal or modification of such","legislation, such amendments prove","necessary."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"769","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-164","location":[[" Proposal for a directive","Recital 19"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:24"},"new":["(19) There is considerable legal uncertainty","as to how far cooperation between public","authorities should be covered by public","procurement rules. The relevant case-law","of the Court of Justice of the European","Union is interpreted divergently between","Member States and even between","contracting authorities. As this","jurisprudence would be equally applicable","to public authorities when operating in the","sectors covered by this directive, it is","appropriate to ensure that the same rules","apply in both this directive and Directive","[.../.../EU][on public procurement]. It is","therefore necessary to clarify in what","cases contracts concluded between","contracting authorities are not subject to","the application of public procurement","rules. Such clarification should be guided","by the principles set out in the relevant","case-law of the Court of Justice. However,","the application of public procurement","rules should not interfere with the","freedom of public authorities to decide","how to organise the way they carry out","their public service tasks. In particular,","this Directive is without prejudice to the","right of public authorities at all levels to","decide whether, how and to what extent","they want to perform public functions","themselves. Contracts awarded to","controlled entities or social business, as","defined in the Commission","communication of 25 October 2011","entitled 'Social Business Initiative', or","cooperation for the joint execution of the","public service tasks of the participating","contracting authorities should therefore","be exempted from the application of the","rules if the conditions set out in this","directive are fulfilled."],"old":["(19) There is considerable legal uncertainty","as to how far cooperation between public","authorities should be covered by public","procurement rules. The relevant case-law","of the Court of Justice of the European","Union is interpreted divergently between","Member States and even between","contracting authorities. As this","jurisprudence would be equally applicable","to public authorities when operating in the","sectors covered by this directive, it is","appropriate to ensure that the same rules","apply in both this directive and Directive","[\u2026/\u2026/EU][on public procurement].","",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-477","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["(b) that candidates and tenderers, e.g.","company directors or any other person","having powers of decision, powers or","control in respect of the candidate or","tenderer, 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."],"old":["(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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"477","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-165","location":[["Proposal for a directive","Recital 19 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:24"},"new":["(19 a) This Directive ensures the","application of Directive 2001/23/EC on","the approximation of laws of the Member","States relating to the safeguarding or","workers' rights in the event of transfers of","undertakings, businesses or parts of","undertakings or businesses in order to","ensure the respect of the rules of equal","competition and the protection of workers","in the context of the transfer of the","undertaking."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-770","justification":" It is crucial that common method for the calculation of life cycle costs is adopted by a\n legislative act of the Union, and that the Commission may only update annex XV. It should be\n clear from the wording of Article 67 (3) second subparagraph that it confers on the\n Commission only the right to adopt delegated acts with the objective to update Annex XV.\n Under no circumstances it shall constitute a basis for the Commission to adopt delegated acts\n making any LCC methodology mandatory.","location":[["Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["A list of such legislative acts is set out in","Annex XV. The Commission shall be","empowered to adopt delegated acts in","accordance with Article 98 concerning the","update of this list, when on the basis of the","adoption of new legislation, repeal or","modification of such legislation, such","amendments prove necessary."],"old":["A list of such legislative and delegated acts","is set out in Annex XV. The Commission,","shall be empowered to adopt delegated acts","in accordance with Article 98 concerning","the update of this list, when on the basis of","the adoption of new legislation, repeal or","","modification of such legislation, such","amendments prove necessary."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"770","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-166","location":[["Proposal for a directive","Recital 20"]],"meta":{"created":"2019-07-03T05:36:24"},"new":["(20) It is appropriate to exclude certain","service, supply and works contracts","awarded to an affiliated undertaking having","as its principal activity the provision of","such services, supply or works to the group","of which it is part, rather than offering","them on the market. It is also appropriate to","exclude certain service, supply and works","contracts awarded by a contracting entity","to a joint venture which is formed by a","number of contracting entities for the","purpose of carrying out activities covered","by this Directive and of which that entity is","part. However, it is appropriate to ensure","that this exclusion does not give rise to","distortions of competition to the benefit of","the undertakings or joint ventures that are","affiliated with the contracting entities; it is","appropriate to provide a suitable set of","rules, in particular as regards restrictions","for undertakings from obtaining their","turnover from the market and without","which they would lose the possibility of","being awarded contracts without calls for","competition, the composition of joint","ventures and the stability of links between","those joint ventures and the contracting","entities of which they are composed."],"old":["(20) It is appropriate to exclude certain","service, supply and works contracts","awarded to an affiliated undertaking having","","as its principal activity the provision of","such services, supply or works to the group","of which it is part, rather than offering","them on the market. It is also appropriate to","exclude certain service, supply and works","contracts awarded by a contracting entity","to a joint venture which is formed by a","number of contracting entities for the","purpose of carrying out activities covered","by this Directive and of which that entity is","part. However, it is appropriate to ensure","that this exclusion does not give rise to","distortions of competition to the benefit of","the undertakings or joint ventures that are","affiliated with the contracting entities; it is","appropriate to provide a suitable set of","rules, in particular as regards the","maximum limits within which the","undertakings may obtain a part of their","turnover from the market and above which","they would lose the possibility of being","awarded contracts without calls for","competition, the composition of joint","ventures and the stability of links between","those joint ventures and the contracting","entities of which they are composed."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-478","location":[["Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:26"},"new":["(b) that candidates and tenderers are","required to submit, also in accordance","with the code of ethics drawn up by the","contracting entity, 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 entity shall indicate in the","individual report referred to in Article 94","whether any candidate or tenderer has","submitted a declaration."],"old":["(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."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"478","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-167","location":[[" Proposal for a directive","Recital 22"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["(22) This Directive should apply neither to","contracts intended to permit the","performance of an activity referred to in","Articles 5 to 11 nor to design contests","organised for the pursuit of such an activity","if, in the Member State in which this","activity is carried out, in all or in part,","even in relation to single sectors or","segments of it, it is directly exposed to","competition on markets to which access is","not limited. It is therefore appropriate to","maintain the procedure, applicable to all","sectors covered by this Directive that will","enable the effects of current or future","opening up to competition to be taken into","account. Such a procedure should provide","legal certainty for the entities concerned, as","well as an appropriate decision-making","process, ensuring, within short time limits,","uniform application of Union law in this","area."],"old":["(22) This Directive should apply neither to","contracts intended to permit the","performance of an activity referred to in","Articles 5 to 11 nor to design contests","organised for the pursuit of such an activity","if, in the Member State in which this","activity is carried out, it is directly exposed","to competition on markets to which access","is not limited. It is therefore appropriate to","","maintain the procedure, applicable to all","sectors covered by this Directive that will","enable the effects of current or future","opening up to competition to be taken into","account. Such a procedure should provide","legal certainty for the entities concerned, as","well as an appropriate decision-making","process, ensuring, within short time limits,","uniform application of Union law in this","area."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-771","location":[[" Proposal for a directive","Article 78 \u2013 title"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:24"},"new":["Decision not to award the contract"],"old":["Impediments to award"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"771","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-168","location":[["Proposal for a directive","Recital 22"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:24"},"new":["(22) This Directive should apply neither to","contracts intended to permit the","performance of an activity referred to in","Articles 5 to 11 nor to design contests","organised for the pursuit of such an activity","if, in the Member State in which this","activity is carried out, it is directly","exposed, in whole or in part, including as","regards individual sectors or segments, to","competition on markets to which access is","not limited. It is therefore appropriate to","maintain the procedure, applicable to all","sectors covered by this Directive that will","enable the effects of current or future","opening up to competition to be taken into","account. Such a procedure should provide","legal certainty for the entities concerned, as","well as an appropriate decision-making","process, ensuring, within short time limits,","uniform application of Union law in this","area."],"old":["(22) This Directive should apply neither to","contracts intended to permit the","performance of an activity referred to in","Articles 5 to 11 nor to design contests","organised for the pursuit of such an activity","if, in the Member State in which this","activity is carried out, it is directly exposed","to competition on markets to which access","is not limited. It is therefore appropriate to","maintain the procedure, applicable to all","sectors covered by this Directive that will","enable the effects of current or future","opening up to competition to be taken into","account. Such a procedure should provide","legal certainty for the entities concerned, as","well as an appropriate decision-making","process, ensuring, within short time limits,","uniform application of Union law in this","area."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-479","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:26"},"new":["(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;"],"old":["(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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"479","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-772","location":[[" Proposal for a directive","Article 78 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:24"},"new":["Contracting entities shall be free not to","follow up a public procurement","procedure. The decision not to award the","contract shall state the relevant reasons","and be communicated to all candidates","and tenderers. Contracting entities shall","not conclude the contract with a successful","tenderer where one of the following","conditions is fulfilled:"],"old":["Contracting entities shall not conclude the","contract with a successful tenderer where","one of the following conditions is fulfilled:"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"772","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-169","location":[[" Proposal for a directive","Recital 23"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["(23) Direct exposure to competition should","be assessed on the basis of objective","criteria, taking account of the specific","characteristics of the sector concerned or","of a part of it. This assessment is, however,","limited by the applicable short deadlines","and by having to be based on the","information available to the Commission \u2013","either from already available sources or","from the information obtained in the","context of the application pursuant to","Article 28 - which can not be supplemented","by more time consuming methods,","including notably public inquiries of","economic operators concerned. The","assessment of direct exposure to","competition that can be carried out in the","context of this directive is consequently","without prejudice to the full-fledged","application of competition law."],"old":["(23) Direct exposure to competition should","be assessed on the basis of objective","criteria, taking account of the specific","characteristics of the sector concerned.","This assessment is, however, limited by the","applicable short deadlines and by having to","be based on the information available to","the Commission \u2013 either from already","available sources or from the information","obtained in the context of the application","pursuant to Article 28 - which can not be","supplemented by more time consuming","methods, including notably public inquiries","of economic operators concerned. The","assessment of direct exposure to","competition that can be carried out in the","context of this directive is consequently","without prejudice to the full-fledged","application of competition law."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-170","location":[[" Proposal for a directive","Recital 23"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:24"},"new":["(23) Direct exposure to competition should","be assessed on the basis of objective","criteria, taking account of the specific","characteristics of the sector, or part of the","sector, concerned. This assessment is,","however, limited by the applicable short","deadlines and by having to be based on the","information available to the Commission \u2013","either from already available sources or","from the information obtained in the","context of the application pursuant to","Article 28 \u2013 which can not be","supplemented by more time consuming","methods, including notably public inquiries","of economic operators concerned. The","assessment of direct exposure to","competition that can be carried out in the","context of this directive is consequently","without prejudice to the full-fledged","application of competition law."],"old":["(23) Direct exposure to competition should","be assessed on the basis of objective","criteria, taking account of the specific","characteristics of the sector concerned.","This assessment is, however, limited by the","","applicable short deadlines and by having to","be based on the information available to","the Commission \u2013 either from already","available sources or from the information","obtained in the context of the application","pursuant to Article 28 - which can not be","supplemented by more time consuming","methods, including notably public inquiries","of economic operators concerned. The","assessment of direct exposure to","competition that can be carried out in the","context of this directive is consequently","without prejudice to the full-fledged","application of competition law."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-480","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:26"},"new":["In the event of a conflict of interests, the","contracting entity shall take appropriate","measures. Those measures may include the","recusal of the staff member in question","from involvement in the affected","procurement procedure or the re-","assignment of the staff member\u2019s duties","and responsibilities. Where a conflict of","interests cannot be effectively remedied by","other means, the candidate or tenderer","concerned shall be excluded from the","procedure."],"old":["In the event of a conflict of interests, the","contracting authority shall take appropriate","measures. Those measures may include the","recusal of the staff member in question","from involvement in the affected","procurement procedure or the re-","assignment of the staff member\u2019s duties","and responsibilities. Where a conflict of","interests cannot be effectively remedied by","other means, the candidate or tenderer","concerned shall be excluded from the","procedure."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"480","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-773","justification":" This is the Article 57 from the current Directive 2004/17/EC - no need to change it","location":[["Proposal for a directive","Article 78 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["Article 78a","Abnormally low tenders","1. If, for a given contract, tenders appear","to be abnormally low in relation to the","goods, works or services, the contracting","entity shall, before it may reject those","tenders, request in writing details of the","constituent elements of the tender which it","considers relevant. Those details may","relate in particular to:","(a) the economics of the construction","method, the manufacturing process or the","services provided;","(b) the technical solutions chosen and/or","any exceptionally favourable conditions","available to the tenderer for the execution","of the work, for the supply of the goods or","services;","(c) the originality of the work, supplies or","services proposed by the tenderer;","(d) compliance 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;","(e) the possibility of the tenderer to obtain","State aid.","2. The contracting entity shall verify those","constituent elements by consulting the","tenderer, taking account of the evidence","supplied.","3. Where tenders appear to be abnormally","low for other reasons, contracting entities","may also request such explanations.","4. Where a contracting entity establishes","that a tender is abnormally low because","the tenderer has obtained State aid, the","tender 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 entity, that the aid in","question was granted legally. Where the","contracting entity rejects a tender in these","circumstances, it shall inform the","Commission of that fact."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"773","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-171","location":[["Proposal for a directive","Recital 24"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["(24) The implementation and application of","appropriate Union legislation opening a","given sector, or a part of it, will be","considered to provide sufficient grounds","for assuming that there is free access to the","market in question. Such appropriate","legislation should be identified in an annex","which can be updated by the Commission.","It is appropriate that this annex should","currently refer to Directive 2009/73/EC of","the European Parliament and of the","Council of 13 July 2009 concerning","common rules for the internal market in","natural gas and repealing Directive","2003/55/EC27 , Directive 2009/72/EC of","the European Parliament and of the","Council of 13 July 2009 concerning","common rules for the internal market in","electricity and repealing Directive","2003/54/EC28, Directive 94/22/EC and","Directive 91/440/EC on the development","of the Community's railways."],"old":["(24) The implementation and application of","appropriate Union legislation opening a","given sector, or a part of it, will be","considered to provide sufficient grounds","for assuming that there is free access to the","market in question. Such appropriate","legislation should be identified in an annex","which can be updated by the Commission.","It is appropriate that this annex should","currently refer to Directive 2009/73/EC of","the European Parliament and of the","Council of 13 July 2009 concerning","common rules for the internal market in","natural gas and repealing Directive","2003/55/EC27 , Directive 2009/72/EC of","the European Parliament and of the","Council of 13 July 2009 concerning","common rules for the internal market in","electricity and repealing Directive","","2003/54/EC28 and Directive 94/22/EC."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-481","location":[["Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:26"},"new":["deleted"],"old":["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. If the conflict of interests","cannot be effectively remedied by other","means, the candidate or tenderer","concerned shall be excluded from the","procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"481","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-172","justification":"This Amendment details how the new innovation partnerships procedure should be used,\n\n adding to the Commission's original proposal, specifically by linking this new tool to the\n principles applying to the competitive procedure, where most relevant. This Amendment also\n clarifies that pre-commercial procurement as defined in a 2007 Commission Communication,\n and continues to apply, irrespective of this new innovation partnerships procedure, and has\n been built in separately into a new exemption.","location":[[" Proposal for a directive","Recital 25"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:24"},"new":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Public authorities","should make the best strategic use of public","procurement to drive innovation. Buying","innovative goods and services plays a key","role in improving the efficiency and quality","of public services while addressing major","societal challenges. It contributes to","achieving best value for public money as","well as wider economic, environmental and","societal benefits in terms of generating new","ideas, translating them into innovative","products and services and promoting","sustainable economic growth. An","innovative procurement model is detailed","in the Commission's communication on","pre-commercial procurement1. This model","promotes the take up in the procurement","of research and development services","which do not fall within the scope of this","Directive. This model, which has been","written into this Directive, is recognised","and will be available for all contracting","authorities to consider. This Directive","should however contribute to facilitating","the public procurement of innovation more","generally, and help Member States in","achieving the Innovation Union targets.","Where a need for the development of an","innovative product, service or works and","the subsequent purchase of the resulting","output cannot be met by solutions already","available on the market, contracting","authorities should have access to a","specific procurement procedure in respect","of contracts falling within the scope of","this Directive. This new procedure should","allow contracting authorities to establish","an innovation partnership for the","development and subsequent purchase of","new, innovative products, services or","works, provided that these can be","delivered to agreed performance levels and","costs. The procedure should be based on","the rules applying to the competitive","procedure with negotiations and contracts","should be awarded on the sole basis of the","most economically advantageous tender,","which is the most suited to comparing","tenders for innovative solutions. Whether","the innovation partnership concerns a very","large project or a smaller project, it should","be structured in such as a way that it can","provide the necessary \"market pull\",","incentivising the development of","innovative solutions without foreclosing","the market. Contracting authorities should","therefore not misuse innovation","partnerships to prevent, restrict or distort","competition.","__________________","1","COM (2007) 799 final: Communication","from the Commission to the European","Parliament, the Council, the European","Economic and Social Committee and the","Committee of the Regions on Pre-","commercial procurement: driving","innovation to ensure sustainable high","quality public services in Europe."],"old":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Contracting entities","should make the best strategic use of public","procurement to spur innovation. Buying","innovative goods and services plays a key","role in improving the efficiency and quality","of public services while addressing major","societal challenges. It contributes to","achieving best value for money as well as","wider economic, environmental and","societal benefits in terms of generating new","ideas, translating them into innovative","products and services and thus promoting","sustainable economic growth. This","directive should contribute to facilitating","procurement of innovation and help","Member States in achieving the Innovation","Union targets. A specific procurement","procedure should therefore be provided for","which allows contracting entities to","establish a long-term innovation","partnership for the development and","subsequent purchase of a new, innovative","product, service or works provided it can","be delivered to agreed performance levels","and costs. The partnership should be","structured in such a way that it can provide","the necessary \u2018market-pull\u2019 incentivising","the development of an innovative solution","","without foreclosing the market."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-774","justification":" As long as there is no new provision in place it is necessary and justified to stick to the\n current regulation.","location":[[" Proposal for a directive","Article 78 b (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["Article 78b","Tenders comprising products originating","in third","1. This Article shall apply as long as no","other legal provisions are in places and to","tenders covering products originating in","third countries with which the Union has","not concluded, whether multilaterally or","bilaterally, an agreement ensuring","comparable and effective access for","Union undertakings to the markets of","those third countries. It shall be without","prejudice to the obligations of the 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","proportion, referred to in paragraph 2, of","products originating in third countries.","5. The Commission shall submit an","annual report to the European Parliament","and to 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 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 the provisions of this Article in the","light of such developments."],"old":["",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"774","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-173","location":[[" Proposal for a directive","Recital 25"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:24"},"new":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Contracting entities","should make the best strategic use of public","procurement to spur innovation. Buying","innovative goods and services plays a key","role in improving the efficiency and quality","of public services while addressing major","societal challenges. It contributes to","achieving best value for money as well as","wider economic, environmental and","societal benefits in terms of generating new","ideas, translating them into innovative","products and services and thus promoting","sustainable economic growth. This","directive should contribute to facilitating","procurement of innovation and help","Member States in achieving the Innovation","Union targets. A specific procurement","procedure should therefore be provided for","which allows contracting entities to","develop and then purchase a new,","innovative product, service or works","provided it can be delivered to agreed","performance levels and costs."],"old":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Contracting entities","should make the best strategic use of public","procurement to spur innovation. Buying","innovative goods and services plays a key","role in improving the efficiency and quality","of public services while addressing major","societal challenges. It contributes to","achieving best value for money as well as","wider economic, environmental and","societal benefits in terms of generating new","ideas, translating them into innovative","products and services and thus promoting","sustainable economic growth. This","directive should contribute to facilitating","procurement of innovation and help","Member States in achieving the Innovation","Union targets. A specific procurement","procedure should therefore be provided for","which allows contracting entities to","establish a long-term innovation","partnership for the development and","subsequent purchase of a new, innovative","product, service or works provided it can","be delivered to agreed performance levels","and costs. The partnership should be","structured in such a way that it can","provide the necessary 'market-pull'","","incentivising the development of an","innovative solution without foreclosing","the market."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-482","justification":" far too bureaucratic, one purpose of this revision was to simplify in order to create more cost-\n effectiveness. The last sentence is not necessary as the first sentence is precise enough.\n Transparency is the main priority.","location":[["Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["Where privileged links are identified, the","contracting authority shall immediately","take appropriate measures to avoid any","undue influence on the award process,","document those measures adequately and","ensure equal treatment of candidates and","tenderers."],"old":["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. If the conflict of interests","cannot be effectively remedied by other","means, the candidate or tenderer","concerned shall be excluded from the","procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"482","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-775","justification":" As long as there is no new provision in place it is necessary and justified to stick to the\n current regulation.","location":[[" Proposal for a directive","Article 78 c (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["Article 78c","Relations with third countries as regards","works, supplies and service contracts","1. This Article shall only apply as long as","no other legal provision is in place.","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 report to the","European Parliament and to the Council","before 31 December 2014, and","periodically thereafter, on the opening up","of service contracts in third countries and","on progress in negotiations with these","countries on this subject, 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 Union undertakings","effective access comparable to that","granted by the Union to undertakings","from that country; or","(b) does not grant 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","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 social","and environmental 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 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."],"old":["","","",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"775","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-776","location":[[" Proposal for a directive","Article 79"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["Article 79","Abnormally low tenders","1. The contracting entity shall request","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.","2. Where tenders appear to be abnormally","low for other reasons, contracting entities","may also request such explanations.","3. The explanations referred to in","paragraphs 1 and 2 may in particular","","","relate to:","(a) the economics of the manufacturing","process, of the services provided and of","the construction method;","(b) the technical solutions chosen or any","exceptionally favourable conditions","available to the tenderer for the supply of","the goods or services or for the execution","of the work;","(c) the originality of the supplies, services","or work proposed by the tenderer;","(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 XIV or,","where not applicable, with other","provisions ensuring an equivalent level of","protection;","(e) the possibility of the tenderer","obtaining State aid.","4. The contracting entity 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 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 or","environmental law or by the international","social and environmental law provisions","listed in Annex XIV.","5. Where a contracting entity 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 entity, that the aid in","question was compatible with the internal","market within the meaning of Article 107","of the Treaty. Where the contracting","entity rejects a tender in those","circumstances, it shall inform the","Commission thereof.","6. Upon request, Member States shall","make available to other Member States, in","accordance with Article 97, any","information relating to the evidence and","documents produced in relation to details","listed in paragraph 3."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"776","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-174","location":[["Proposal for a directive","Recital 26"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:24"},"new":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","be assessed thoroughly. It is appropriate","that whenever contracting entities use, in","the cases specified in this Directive, the","negotiated procedure without publication,","they send a report justifying their choice","to the oversight body, whose tasks should","include that of examining and assessing","those reports."],"old":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","be assessed thoroughly."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-483","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:26"},"new":["Where privileged links are identified, the","contracting entity 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. If the conflict of interests cannot","be effectively remedied by other means,","the candidate or tenderer concerned shall","be excluded from the procedure."],"old":["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. If the conflict of interests cannot","be effectively remedied by other means,","the candidate or tenderer concerned shall","be excluded from the procedure."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"483","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-777","justification":"Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["1. The contracting entity shall request","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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"777","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-484","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:26"},"new":["Where privileged links are identified, the","contracting authority shall immediately","take appropriate measures to avoid any","undue influence on the award process and","ensure equal treatment of candidates and","tenderers. Where the conflict of interests","cannot be effectively remedied by other","means, the candidate or tenderer concerned","shall be excluded from the procedure."],"old":["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. If the conflict of interests cannot","","","be effectively remedied by other means,","the candidate or tenderer concerned shall","be excluded from the procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"484","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-175","justification":" Provisions on publishing contract information by electronic means apply only to procurement\n procedures covered by this directive, and do not, therefore, apply to procurement procedures\n involving amounts below the thresholds set in this directive, which are covered by the\n applicable national legislation.","location":[[" Proposal for a directive","Recital 27"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:25"},"new":["(27) Electronic means of information and","communication can greatly simplify the","publication of contracts and increase the","efficiency and transparency of procurement","processes covered by this Directive. They","should become the standard means of","communication and information exchange","in procurement procedures. The use of","electronic means also leads to time savings.","As a result, provision should be made for","reducing the minimum periods where","electronic means are used, subject,","however, to the condition that they are","compatible with the specific mode of","transmission envisaged at Union level.","Moreover, electronic means of information","and communication including adequate","functionalities can enable contracting","authorities to prevent, detect and correct","errors that occur during procurement","procedures."],"old":["(27) Electronic means of information and","communication can greatly simplify the","publication of contracts and increase the","efficiency and transparency of procurement","processes. They should become the","standard means of communication and","information exchange in procurement","procedures. The use of electronic means","also leads to time savings. As a result,","provision should be made for reducing the","minimum periods where electronic means","are used, subject, however, to the condition","that they are compatible with the specific","mode of transmission envisaged at Union","level. Moreover, electronic means of","information and communication including","adequate functionalities can enable","contracting authorities to prevent, detect","and correct errors that occur during","procurement procedures."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-778","justification":"It seems to be not appropriate to require that all of the conditions must be met in order to\nestablish that a price is abnormally low. It is often enough that just one of these situations\noccurs for the price to be abnormally low.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, if at least one of the","following conditions are fulfilled:"],"old":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where all of the following","conditions are fulfilled:"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"778","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-485","justification":"Member States should implement a well-functioning whistleblowing system to ensure that\nthese provisions have an impact.","location":[["Proposal for a directive","Article 36 \u2013 paragraph 3 \u2013 subparagraph 3 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:26"},"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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"485","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-176","location":[["Proposal for a directive","Recital 28"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:25"},"new":["(28) There is a strong trend emerging","across Union public procurement markets","towards the aggregation of demand by","public purchasers, with a view to obtaining","economies of scale, including lower prices","and transaction costs, and to improving and","professionalising procurement","management. This can be achieved by","concentrating purchases either by the","number of contracting entities involved or","by volume and value over time. However,","the aggregation and centralisation of","purchases should be carefully monitored in","order to avoid excessive concentration of","purchasing power and collusion, and to","preserve transparency and competition, as","well as market access opportunities for","small and medium-sized enterprises. The","Commission should provide guidance to","Member States and contracting","authorities on the required monitoring of","aggregated and centralised purchases to","avoid excessive concentration of","purchasing power and collusion. Such","guidance should be provided by way of","implementing acts."],"old":["(28) There is a strong trend emerging","across Union public procurement markets","towards the aggregation of demand by","public purchasers, with a view to obtaining","economies of scale, including lower prices","and transaction costs, and to improving and","professionalising procurement","management. This can be achieved by","concentrating purchases either by the","number of contracting entities involved or","by volume and value over time. However,","the aggregation and centralisation of","purchases should be carefully monitored in","order to avoid excessive concentration of","purchasing power and collusion, and to","preserve transparency and competition, as","well as market access opportunities for","small and medium-sized enterprises."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-779","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:24"},"new":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where at least five tenders","have been submitted and one of the","following conditions is fulfilled:"],"old":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where all of the following","conditions are fulfilled:"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"779","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-486","location":[["Proposal for a directive","Article 36 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["deleted"],"old":["4. All measures taken pursuant to this","Article shall be documented in the","individual report referred to in Article 94."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"486","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-177","location":[["Proposal for a directive","Recital 29"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:25"},"new":["(29) The instrument of framework","agreements can be an efficient procurement","technique throughout Europe; however,","there is a need to enhance competition by","improving transparency of and access to","procurement carried out by means of","framework agreements."],"old":["(29) The instrument of framework","agreements can be an efficient procurement","technique throughout Europe; however,","there is a need to enhance competition by","","improving transparency of and access to","procurement carried out by means of","framework agreements. It is therefore","appropriate to revise the provisions","applicable to those agreements, notably by","providing for mini-competitions for the","award of specific contracts based on the","agreement and by limiting the duration of","framework agreements."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-487","location":[[" Proposal for a directive","Article 36 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:26"},"new":["Article 36 a","Protection of whistleblowers","Contracting entities shall have in place","internal whistleblowing procedures for","staff to ensure that:","(a) any staff member (including","temporary and contract workers, interns","and consultants) who makes a good-faith","disclosure regarding any type of material","wrongdoing is protected from any and all","forms of retaliation, harassment or","deleterious actions;","(b) the confidentiality of whistleblowers is","maintained unless explicitly waived by","them;","(c) adequate mechanisms are made","available for disclosures to be made, such","as helplines and online forms;","(d) a whistleblower who has been","retaliated against has the right to a fair","hearing before an impartial forum and","shall be fully compensated; those who","commit retaliation shall be duly","sanctioned;","(e) disclosures are properly investigated","and corrective action taken (if","appropriate), and that whistleblowers","have the option to participate in these","procedures;","(f) managers must prove that any actions","taken against a whistleblower were","motivated by reasons other than the","whistleblowing;","(g) inaccurate disclosures, if made in","good faith, are protected; disclosures","shown to be made in bad faith are not","protected;","(h) management and staff are adequately","trained in whistleblower rights, policies","and procedures;","(i) whistleblower policies are monitored","and evaluated at regular intervals by","independent bodies and","(j) external whistleblowing to elected","officials, NGOs, the media and other","appropriate parties is protected if internal","channels do not function or do not exist."],"old":["",""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"487","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-780","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:24"},"new":["(a) the price or cost charged is more than","30 % lower than the average price or costs","of the remaining tenders;"],"old":["(a) the price or cost charged is more than","50 % lower than the average price or costs","of the remaining tenders;"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"780","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-781","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["(a) the price or cost indicated in a tender is","more than 50 % lower than the average","price or cost of the remaining tenders"],"old":["(a) the price or cost charged is more than","50 % lower than the average price or costs","of the remaining tenders;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"781","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-488","justification":"Clarification of the provisions on illicit conduct.","location":[["Proposal for a directive","Article 37 \u2013 paragraph 1 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:26"},"new":["(a) unduly influence the decision-making","process of the contracting entity via illicit","means or obtain confidential information","that may confer upon them undue","advantages in the procurement procedure;"],"old":["(a) unduly influence the decision-making","process of the contracting entity or obtain","confidential information that may confer","upon them undue advantages in the","procurement procedure;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"488","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-178","location":[[" Proposal for a directive","Recital 31 a (new)"]],"meta":{"created":"2019-07-03T05:36:25"},"new":["(31a) The dynamic purchasing system and","the instrument of electronic auction can","be used for the purchase of goods that are","generally available on the market and","which have a more or less standardised","quality. These instruments cannot be used","for the purchase of complex or non","standardised goods and services."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-489","location":[[" Proposal for a directive","Title 1 \u2013 chapter 4 a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:26"},"new":["Chapter IVa","Rules on reciprocity","Article 37a","Exclusion by contracting authorities and","contracting entities of tenders involving","products and services which are not","covered by an international agreement","1. In keeping with the provisions set out","below, contracting entities shall assess","whether tenders involving works, supplies","or services originating in third countries","which are not bound by an international","agreement should be excluded from","public procurement procedures if the","value of the non-covered works, supplies","or services represents more than 50 % of","the overall value of the works, supplies or","services making up the tender. A tender","originating in a third country which is not","bound by an international agreement","shall automatically be rejected if the price","is 30 % lower than the average price or","cost of the other tenders.","2. Contracting entities may require","tenderers to provide information about the","origin of the works, supplies and services","contained in the tender and about their","value. They shall accept declarations on","the tenderer\u2019s honour as provisional","grounds for not excluding a tender","pursuant to paragraph 1. A contracting","authority may at any stage of the","procedure ask a tenderer to submit all or","some of the required documents where","this appears necessary to ensure the","proper conduct of the procedure. If","contracting entities receive tenders which","they intend to exclude in accordance with","the provisions of paragraph 1, they shall","notify the Commission. They may","continue their assessment of the tenders","during the notification procedure. The","notification shall be forwarded","electronically, using a standard form. The","Commission may adopt implementing acts","establishing standard forms to be used to","submit declarations concerning the origin","of works, supplies or services. Those","implementing acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100(2). The standard","form shall contain the following","information:","(a) the name of and contact details for the","contracting entity;","(b) a description of the subject-matter of","the contract;","(c) the name of and contact details for the","economic operator whose tender is to be","excluded;","(d) information concerning the origin of","the economic operator, the works,","supplies or services and their value.","3. If the Commission rejects the","contracting entity\u2019s decision to exclude a","tender pursuant to the provisions of","paragraph 1, it shall inform the","contracting authority, giving its reasons,","within 15 days from the first working day","after the date on which it received the","notification of intent to exclude. This","period may be extended once for a","maximum of 15 days in duly substantiated","cases, in particular if the information","contained in the notification of intent to","exclude or in the documents attached","thereto is incomplete or inaccurate or if","the facts as reported undergo substantive","changes. If, at the end of that 30-day","period, the Commission has not adopted a","decision approving or rejecting the","exclusion of the tender, that exclusion","shall be deemed to have been approved by","the Commission.","4. Contracting entities shall require","tenderers to provide information about the","origin of the products and services","contained in the tender and about their","value. They shall accept declarations on","the tenderer\u2019s honour as provisional","grounds for not excluding a tender","pursuant to paragraph 1. A contracting","entity may at any stage of the procedure","ask a tenderer to submit all or some of the","required documents where this appears","necessary to ensure the proper conduct of","the procedure.","5. Decisions to exclude tenders may be","taken:","(a) if the international agreement","concerning access to the market in the","area of public procurement concluded","between the Union and the country of","origin of the products or services sets out,","in respect of the products or services","whose exclusion is being proposed,","explicit market access reservations","formulated by the Union;","(b) in the absence of an agreement as","referred to in point (a), if the third","country concerned implements restrictive","measures concerning procurement which","give rise to a lack of substantial","reciprocity in terms of market access","between the Union and the third country","concerned.","For the purposes of point (b), substantial","reciprocity shall be presumed not to exist","if the restrictive measures concerning","procurement result in serious and","persistent discrimination against Union","economic operators, works, supplies and","services.","6. The Commission shall hear the","contracting entities concerned before","taking a decision pursuant to paragraph","3.","Article 38b","Implementation of the conditions","governing reciprocity","Contracts concluded with an economic","operator in breach of the Commission's","intention to exclude a tender pursuant to","Article 38a, following notification by the","contracting entity of its decision to","exclude, shall be declared null and void","within the meaning of Directive","2007/66/EC."],"old":["","","",""],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"489","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-782","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:24"},"new":["(a) the price or cost charged is 50% lower","than the average price or costs of the","remaining tenders;"],"old":["(a) the price or cost charged is more than","50% lower than the average price or costs","of the remaining tenders;"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"782","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-490","location":[["Proposal for a directive","Title 1 \u2013 chapter 4 a (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:26"},"new":["Chapter IV a","Treatment of non-covered supplies or","services","Article 37a","Exclusion of tenders comprising non-","covered supplies or services","1. Upon the request of contracting","entities, the Commission shall assess","whether to approve, for contracts with an","estimated value equal or above EUR","5.000.000 exclusive of value-added tax","(VAT) the exclusion from procedures for","the award of contracts, tenders","comprising supplies or services","originating from outside the Union, if the","value of the non-covered supplies or","services exceeds 50 % of the total value of","the supplies or services constituting the","tender, under the following conditions.","2. Where contracting entities intend to","request the exclusion from procedures for","the award of contracts on the basis of","paragraph 1 they shall indicate this in the","contract notice they publish in accordance","with Article 63.","Contracting entities shall require","tenderers to provide information on the","origin of the supplies and/or services","contained in the tender, and on their","value.","The Commission may adopt implementing","acts establishing standard forms for","declarations concerning the origin of","supplies and services.","Those implementing acts shall be adopted","in accordance with the advisory procedure","referred to in Article 100(2).","Where contracting entities receive tenders","that meet the conditions of paragraph 1","for which they intend to request the","exclusion for that reason, they shall notify","the Commission. During the notification","procedure the contracting entity may","continue its analysis of the tenders.","The notification shall be sent by","electronic means using a standard form.","The Commission shall adopt","implementing acts establishing the","standard forms. Those implementing acts","shall be adopted in accordance with the","advisory procedure referred to in Article","100(2). That standard form shall contain","the following information:","(a) the name and contact details of the","contracting entity;","(b) a description of the object of the","contract;","(c) the name and contact details of the","economic operator whose tender would be","excluded;","(d) information on the origin of the","economic operator, the supplies and/or","services and their value;","The Commission may ask the contracting","entity for additional information.","That information shall be provided within","eight working days, commencing on the","first working day following the date on","which it receives the request for","additional information. If the Commission","receives no information within this","period, the period established in","paragraph 3 shall be suspended until the","Commission receives the requested","information.","3. For contracts referred to in paragraph","1, the Commission shall adopt an","implementing act concerning the approval","of the intended exclusion within a period","of two months commencing on the first","working day following the date on which","it receives the notification. Those","implementing acts shall be adopted in","accordance with the examination","procedure referred to in Article 100(2a).","This period may be extended once by a","maximum of two months in duly justified","cases, in particular if the information","contained in the notification or in the","documents annexed thereto is incomplete","or inexact or if the facts as reported","undergo any substantive changes. If, at","the end of this two-month period, or the","extended period the Commission has not","adopted a decision approving or","disapproving the exclusion, the exclusion","shall be deemed to have been rejected by","the Commission.","4. When adopting implementing acts","pursuant to paragraph 3, the Commission","shall approve the intended exclusion in","the following cases:","(a) if the international agreement","concerning market access in the field of","public procurement between the Union","and the country where the supplies and/or","services originate contains, for the","supplies and/or services for which the","exclusion is proposed, explicit market","access reservations taken by the Union;","(b) where an agreement referred to in","point (a) does not exist and the third","country maintains restrictive procurement","measures leading to a lack of substantial","reciprocity in market opening between the","Union and the third country concerned.","For the purposes of point (b), a lack of","substantial reciprocity is presumed where","restrictive procurement measures result in","serious and recurring discriminations of","Union economic operators, supplies and","services.","When adopting implementing acts","pursuant to paragraph 3, the Commission","shall not approve an intended exclusion","where it would violate market access","commitments entered into by the Union in","its international agreements.","5. When assessing whether a lack of","substantial reciprocity exists, the","Commission shall examine the following:","(a) to what degree public procurement","laws of the country concerned ensure","transparency in line with international","standards in the field of public","procurement and preclude any","discrimination against Union supplies,","services and economic operators;","(b) to what degree public authorities","and/or individual procuring entities","maintain or adopt discriminatory","practices against Union supplies, services","and economic operators.","6. Before the Commission takes a decision","pursuant to paragraph 3 it shall hear the","tenderer or tenderers concerned.","7. Contracting entities which have","excluded tenders pursuant to paragraph 1","shall indicate this in the contract award","notice published pursuant to Article 64 of","this Directive.","Article 37b","Rules of origin","1. The origin of a product shall be","determined in accordance with Article 22","to 26 of Regulation (EC) No 2913/1992 of","the European Parliament and of the","Council of 12 October 1992 establishing","the Community Customs Code1.","2. The origin of a service shall be","determined on the basis of the origin of","the natural or legal person providing it.","3. For the purpose of this Directive,","supplies or services originating in the","countries of the European Economic Area","other than the Member States shall be","treated equally to those originating in the","Member States.","Article 37c","Implementation of the reciprocity","conditions","Contracts concluded with an economic","operator in violation of Commission","implementing acts adopted pursuant to","Article 37a upon intended exclusion","notified by contracting entities shall be","declared ineffective within the meaning of","Directive 2007/66/EC."],"old":["","","","","",""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"490","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-491","location":[["Proposal for a directive","Article 39 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["Member States shall provide that","contracting entities may apply open or","restricted procedures or negotiated","procedures with prior call for competition","and innovation partnerships as regulated","in this Directive."],"old":["Member States shall provide that","contracting entities may apply open or","restricted procedures or negotiated","procedures with prior call for competition","as regulated in this Directive."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"491","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-179","location":[[" Proposal for a directive","Recital 32"]],"meta":{"created":"2019-07-03T05:36:25"},"new":["(32) Centralised purchasing techniques are","increasingly used in most Member States.","Central purchasing bodies are responsible","for making acquisitions or awarding","contracts/framework agreements for other","contracting authorities or for contracting","entities. In view of the large volumes","purchased, such techniques help increase","competition and professionalise public","purchasing, although specific attention","must be paid to the accessibility of any","such procedures for small and medium-","sized enterprises. Provision should","therefore be made for a Union definition of","central purchasing bodies dedicated to","contracting entities, without preventing the","continuation of less institutionalised and","systematic common purchasing or the","established practice of having recourse to","service providers that prepare and manage","procurement procedures on behalf and for","the account of a contracting entity. Rules","should also be laid down for allocating","responsibility for the observance of the","obligations pursuant to this Directive, also","in the case of remedies, among the central","purchasing body and the contracting","entities procuring from or through the","central purchasing body. Where the latter","has sole responsibility for the conduct of","the procurement procedures, it should also","be solely and directly responsible for the","legality of the procedures. Where a","contracting entity conducts certain parts of","the procedure, for instance the reopening of","competition under a framework agreement","or the award of individual contracts based","on a dynamic purchasing system, it should","continue to be responsible for the stages it","conducts."],"old":["(32) Centralised purchasing techniques are","increasingly used in most Member States.","Central purchasing bodies are responsible","for making acquisitions or awarding","contracts/framework agreements for other","","contracting authorities or for contracting","entities. In view of the large volumes","purchased, such techniques help increase","competition and professionalise public","purchasing. Provision should therefore be","made for a Union definition of central","purchasing bodies dedicated to contracting","entities, without preventing the","continuation of less institutionalised and","systematic common purchasing or the","established practice of having recourse to","service providers that prepare and manage","procurement procedures on behalf and for","the account of a contracting entity. Rules","should also be laid down for allocating","responsibility for the observance of the","obligations pursuant to this Directive, also","in the case of remedies, among the central","purchasing body and the contracting","entities procuring from or through the","central purchasing body. Where the latter","has sole responsibility for the conduct of","the procurement procedures, it should also","be solely and directly responsible for the","legality of the procedures. Where a","contracting entity conducts certain parts of","the procedure, for instance the reopening of","competition under a framework agreement","or the award of individual contracts based","on a dynamic purchasing system, it should","continue to be responsible for the stages it","conducts."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-783","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:24"},"new":["(a) the price or cost charged is more than","30% lower than the average price or costs","of the remaining tenders;"],"old":["(a) the price or cost charged is more than","50% lower than the average price or costs","of the remaining tenders;"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"783","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-492","location":[[" Proposal for a directive","Article 39 \u2013 paragraph 1 \u2013 subparagraph 2 a (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:26"},"new":["Member States shall provide that","contracting authorities must apply the","competitive procedure with negotiation or","competitive dialogue if the public contract","might lead to a transfer of undertaking."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"492","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-493","location":[[" Proposal for a directive","Article 39 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["(b) a notice on the existence of a","qualification system pursuant to Article 62","where the contract is awarded by restricted","or negotiated procedure."],"old":["(b) a notice on the existence of a","qualification system pursuant to Article 62","where the contract is awarded by restricted","or negotiated procedure or by an","innovation partnership;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"493","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-784","justification":"It seems appropriate to an additional situation for the price to be considered abnormally low.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:24"},"new":["(aa) the price or cost indicated in a tender","is at least 40 % lower than the price or","cost estimated with due diligence, by a","contracting authority, taking into","consideration due taxes;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"784","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-494","location":[[" Proposal for a directive","Article 39 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["(b) a notice on the existence of a","qualification system pursuant to Article 62","where the contract is awarded by restricted","or negotiated procedure."],"old":["(b) a notice on the existence of a","qualification system pursuant to Article 62","where the contract is awarded by restricted","or negotiated procedure or by an","","innovation partnership;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"494","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-180","justification":" This timeframe is too tight.","location":[["Proposal for a directive","Recital 33"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:25"},"new":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore, as a first","step, be rendered compulsory for central","purchasing bodies, while also facilitating","converging practices across the Union.","This should be followed by a general","obligation to use electronic means of","communication in all procurement","procedures after a transition period."],"old":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore, as a first","step, be rendered compulsory for central","purchasing bodies, while also facilitating","converging practices across the Union.","This should be followed by a general","obligation to use electronic means of","communication in all procurement","procedures after a transition period of two","years."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-495","location":[["Proposal for a directive","Article 39 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["3. Member States shall provide that","contracting entities may apply a negotiated","procedure without prior call for","competition as referred to expressly in","Article 42."],"old":["3. Member States may provide that","contracting entities may apply a negotiated","procedure without prior call for","competition only in the specific cases and","circumstances referred to expressly in","Article 42."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"495","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-785","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:24"},"new":["deleted"],"old":["(b) the price or cost charged is more than","20% lower than the price or costs of the","","second lowest tender;"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"785","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-181","location":[[" Proposal for a directive","Recital 33"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:25"},"new":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore be","encouraged."],"old":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore, as a first","step, be rendered compulsory for central","purchasing bodies, while also facilitating","converging practices across the Union.","","","This should be followed by a general","obligation to use electronic means of","communication in all procurement","procedures after a transition period of two","years."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-496","justification":"The time limit for receipt of tenders should be extended to 47 days, which gives candidates\nenough time to prepare their tender and is still shorter than the current time limit (52 days).","location":[["Proposal for a directive","Article 40 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["The minimum time limit for the receipt of","tenders shall be 47 days from the date on","which the contract notice was sent."],"old":["The minimum time limit for the receipt of","tenders shall be 40 days from the date on","which the contract notice was sent."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"496","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-786","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:25"},"new":["(b) the price or cost charged is more than","10 % lower than the price or costs of the","second lowest tender;"],"old":["(b) the price or cost charged is more than","20 % lower than the price or costs of the","second lowest tender;"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"786","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-182","justification":"The overall obligation to use electronic means of communication in all public procurement\nprocedures should not affect existing arrangements at national level for publishing\ninformation on public procurement contracts involving amounts below the thresholds set in\n\n this directive.","location":[["Proposal for a directive","Recital 33"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:25"},"new":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore, as a first","step, be rendered compulsory for central","purchasing bodies, while also facilitating","converging practices across the Union.","This should be followed by a general","obligation to use electronic means of","communication in all procurement","procedures after a transition period of two","years. So as to ensure continued legal","certainty, these provisions shall not affect","existing arrangements at national level","for publishing information on public","procurement contracts involving amounts","below the thresholds set in this Directive."],"old":["(33) Electronic means of communication","are particularly well suited to support","centralised purchasing practices and tools","because of the possibility they offer to re-","use and automatically process data and to","minimise information and transaction","costs. The use of such electronic means of","communication should therefore, as a first","step, be rendered compulsory for central","purchasing bodies, while also facilitating","converging practices across the Union.","This should be followed by a general","obligation to use electronic means of","communication in all procurement","procedures after a transition period of two","years."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-497","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 4"]],"meta":{"created":"2019-07-03T05:36:27"},"new":["deleted"],"old":["4. The contracting entity may reduce by","five days the time limit for receipt of","tenders set out in the second","subparagraph of paragraph 1 where it","accepts that tenders may be submitted by","electronic means in accordance with","Article 33(3), (4) and (5)."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"497","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-183","location":[[" Proposal for a directive","Recital 34"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:26"},"new":["deleted"],"old":["(34) Joint awarding of contracts by","contracting entities from different","Member States currently encounters","specific legal difficulties, with special","reference to conflicts of national laws.","Despite the fact that Directive 2004/17/EC","implicitly allowed for cross-border joint","public procurement, in practice several","national legal systems have explicitly or","implicitly rendered cross-border joint","procurement legally uncertain or","impossible. Contracting entities from","different Member States may be interested","in cooperating and in jointly awarding","contracts in order to derive maximum","benefit from the potential of the internal","market in terms of economies of scale and","risk-benefit sharing, not least for","innovative projects involving a greater","amount of risk than reasonably bearable","by a single contracting entity. Therefore","new rules on cross-border joint","procurement designating the applicable","law should be established in order to","facilitate cooperation between contracting","entities across the Single Market. In","addition, contracting entities from","different Member States may set up joint","legal bodies established under national or","Union law. Specific rules should be","established for such form of joint","procurement."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-787","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:25"},"new":["(b) the price or cost indicated in a tender is","at least 20 % lower than the price of the","second lowest tender,"],"old":["(b) the price or cost charged is more than","20 % lower than the price or costs of the","second lowest tender;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"787","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-498","justification":" The time limit for receipt of requests to participate should be extended to 35 days, which gives\n candidates enough time to prepare their tender.","location":[[" Proposal for a directive","Article 41 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["The minimum time limit for the receipt of","requests to participate shall, as a general","rule, be fixed at no less than 35 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."],"old":["The minimum time limit for the receipt of","requests to participate shall, as a general","rule, be fixed at no less than 30 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"498","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-499","location":[["Proposal for a directive","Article 42 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["The minimum time limit for the receipt of","requests to participate shall be sufficient","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."],"old":["The minimum time limit for the receipt of","requests to participate shall, as a general","rule, be fixed at no less than 30 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"499","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-184","location":[["Proposal for a directive","Recital 35"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["(35) The technical specifications drawn up","by purchasers need to allow public","procurement to be opened up to","competition. To that end, it should be","possible to submit tenders that reflect the","diversity of technical solutions so as to","obtain a sufficient level of competition.","Consequently, technical specifications","should be drafted in such a way to avoid","artificially narrowing down competition","through requirements that favour a specific","economic operator by mirroring key","characteristics of the supplies, services or","works habitually offered by that economic","operator. Drawing up the technical","specifications in terms of functional and","performance requirements generally allows","this objective to be achieved in the best","way possible and favours innovation.","Where reference is made to a European","standard or, in the absence thereof, to a","national standard, tenders based on other","equivalent arrangements which meet the","requirements of the contracting entities and","are equivalent in terms of safety should be","considered by the contracting entities. To","demonstrate equivalence, tenderers can be","required to provide third-party verified","evidence; however, other appropriate","means of proof such as a technical dossier","of the manufacturer should also be allowed","where the economic operator concerned","has no access to such certificates or test","reports, or no possibility of obtaining them","within the relevant time limits. In order","not to discriminate those tenderers who","invest time and money for certificates and","test reports the burden for providing","equivalence should be placed on the","tenderer claiming equivalence."],"old":["(35) The technical specifications drawn up","by purchasers need to allow public","procurement to be opened up to","competition. To that end, it should be","possible to submit tenders that reflect the","diversity of technical solutions so as to","obtain a sufficient level of competition.","Consequently, technical specifications","should be drafted in such a way to avoid","artificially narrowing down competition","through requirements that favour a specific","economic operator by mirroring key","characteristics of the supplies, services or","works habitually offered by that economic","operator. Drawing up the technical","specifications in terms of functional and","performance requirements generally allows","this objective to be achieved in the best","way possible and favours innovation.","Where reference is made to a European","standard or, in the absence thereof, to a","national standard, tenders based on other","equivalent arrangements which meet the","requirements of the contracting entities and","are equivalent in terms of safety must be","considered by the contracting entities. To","demonstrate equivalence, tenderers can be","required to provide third-party verified","evidence; however, other appropriate","means of proof such as a technical dossier","of the manufacturer should also be allowed","where the economic operator concerned","has no access to such certificates or test","reports, or no possibility of obtaining them","within the relevant time limits."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"184","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-788","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:25"},"new":["(ba) the price charged is lower than","statutory or agreed national minimum","wages plus additional payments and social","security contributions."],"old":[""],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"788","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-500","justification":"The time limit for receipt of requests to participate should be extended to 35 days, which gives\ncandidates enough time to prepare their tender.","location":[["Proposal for a directive","Article 42 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["The minimum time limit for the receipt of","requests to participate shall, as a general","rule, be fixed at no less than 35 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."],"old":["The minimum time limit for the receipt of","requests to participate shall, as a general","rule, be fixed at no less than 30 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"500","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-185","justification":"Public procurement creates significant market opportunities for economic operators across\nEurope. To best drive innovation, job creation and growth, public procurement must be\ncarried out in a non-discriminatory and technology neutral manner. A level playing field that\nallows economic operators to compete equally, regardless of development or business model\nor choice of standard or specification, ensures that the widest range of operators are able to\nparticipate in public tenders.","location":[[" Proposal for a directive","Recital 35"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:26"},"new":["(35) The technical specifications drawn up","by public purchasers need to allow public","procurement to be opened up to","competition. To that end, it must be","possible to submit tenders that reflect the","diversity of technical solutions, standards","and specifications in the marketplace so","as to obtain a sufficient level of","competition. Consequently, technical","specifications should be drafted in such a","way to avoid artificially narrowing down","competition through requirements that","favour a specific economic operator by","mirroring key characteristics of the","supplies, services or works habitually","offered by that economic operator, or that","disadvantage economic operators on the","basis of business or development model","including with regard to standards or","specifications implemented in a given","solution or service. Drawing up the","technical specifications in terms of","functional and performance requirements","generally allows this objective to be","achieved in the best way possible and","favours innovation. Where reference is","made to a European standard or, in the","absence thereof, to a national standard,","tenders based on equivalent arrangements","must be considered equally by contracting","authorities. To demonstrate equivalence,","tenderers can be required to provide third-","party verified evidence; however, other","appropriate means of proof such as a","technical dossier of the manufacturer","should also be allowed where the economic","operator concerned has no access to such","certificates or test reports, or no possibility","of obtaining them within the relevant time","limits. Contracting authorities must be","able to provide a reason for any decision","that equivalence does not exist in a given","case."],"old":["(35) The technical specifications drawn up","by purchasers need to allow public","procurement to be opened up to","competition. To that end, it should be","possible to submit tenders that reflect the","diversity of technical solutions so as to","obtain a sufficient level of competition.","Consequently, technical specifications","should be drafted in such a way to avoid","artificially narrowing down competition","through requirements that favour a specific","economic operator by mirroring key","characteristics of the supplies, services or","works habitually offered by that economic","operator. Drawing up the technical","specifications in terms of functional and","performance requirements generally allows","this objective to be achieved in the best","way possible and favours innovation.","Where reference is made to a European","standard or, in the absence thereof, to a","national standard, tenders based on other","equivalent arrangements which meet the","requirements of the contracting entities","and are equivalent in terms of safety must","be considered by the contracting entities.","To demonstrate equivalence, tenderers can","be required to provide third-party verified","evidence; however, other appropriate","means of proof such as a technical dossier","of the manufacturer should also be allowed","where the economic operator concerned","has no access to such certificates or test","reports, or no possibility of obtaining them","within the relevant time limits.",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-789","justification":"It does not seem appropriate to require there be five tenders in order to establish that a price\nis abnormally low.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point c"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:25"},"new":["deleted"],"old":["(c) at least five tenders have been","submitted."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"789","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-186","location":[["Proposal for a directive","Recital 36"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:26"},"new":["(36) Contracting entities that wish to","purchase works, supplies or services with","specific environmental, social or other","characteristics should be able to refer to","particular labels, such as the European","Eco-label, (multi-) national eco-labels or","any other label provided that the","requirements for the label are linked to the","subject-matter of the contract, such as the","description of the product and its","presentation, including packaging","requirements and the production process.","It is furthermore essential that those","requirements are drawn up and adopted on","the basis of objectively verifiable criteria,","using a procedure in which stakeholders,","such as government bodies, consumers,","manufacturers, distributors, trade unions","and environmental organisations can","participate, and that the label is accessible","and available to all interested parties."],"old":["(36) Contracting entities that wish to","purchase works, supplies or services with","specific environmental, social or other","characteristics should be able to refer to","particular labels, such as the European","Eco-label, (multi-) national eco-labels or","any other label provided that the","requirements for the label are linked to the","subject-matter of the contract, such as the","description of the product and its","presentation, including packaging","requirements. It is furthermore essential","that those requirements are drawn up and","adopted on the basis of objectively","verifiable criteria, using a procedure in","which stakeholders, such as government","bodies, consumers, manufacturers,","distributors and environmental","","organisations can participate, and that the","label is accessible and available to all","interested parties."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-501","location":[[" Proposal for a directive","Article 42 \u2013 paragraph 2 \u2013 subparagraph 3 \u2013 point 1 (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["(1) Contracting authorities may not","confine negotiations to the prices quoted","in tenders."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"501","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-187","location":[[" Proposal for a directive","Recital 36"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:26"},"new":["(36) Contracting entities that wish to","purchase works, supplies or services with","specific environmental, social or other","characteristics should be able to refer to","particular social and environmental labels,","such as the European Eco-label, (multi-)","national eco-labels or any other label","provided that the requirements for the label","are linked to the subject-matter of the","contract, such as the description of the","product and its presentation, including","packaging requirements. It is furthermore","essential that those requirements are drawn","up and adopted on the basis of objectively","verifiable criteria, using a procedure in","which stakeholders, such as government","bodies, consumers, manufacturers, trade","unions, distributors and environmental","organisations can participate, and that the","label is accessible and available to all","interested parties."],"old":["(36) Contracting entities that wish to","purchase works, supplies or services with","specific environmental, social or other","characteristics should be able to refer to","particular labels, such as the European","Eco-label, (multi-) national eco-labels or","any other label provided that the","requirements for the label are linked to the","subject-matter of the contract, such as the","description of the product and its","presentation, including packaging","requirements. It is furthermore essential","that those requirements are drawn up and","adopted on the basis of objectively","verifiable criteria, using a procedure in","which stakeholders, such as government","bodies, consumers, manufacturers,","distributors and environmental","organisations can participate, and that the","label is accessible and available to all","interested parties."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"187","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-502","location":[[" Proposal for a directive","Article 43"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:27"},"new":["deleted"],"old":["Article 43","Innovation partnership","","1. Member States may 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.","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) 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 costs.","2. The partnership shall be structured in","successive stages following the sequence","of steps in the research and innovation","","process, possibly up to the manufacturing","of the supply or the provision of the","services. It shall provide for intermediate","targets to be attained by the partner and","provide for payment of the remuneration","in appropriate instalments. Based on","those targets, the contracting entity can","decide after each stage to terminate the","partnership and launch a new","procurement procedure for the remaining","phases, provided that it has acquired the","relevant intellectual property rights.","","3. The contract shall be awarded in","accordance with the rules for a negotiated","procedure with prior call for competition","set out in Article 42.","","In selecting candidates, contracting","entities shall pay particular attention to","criteria concerning the tenderers\u2019","capacity and experience in the field of","research and development or of","developing innovative solutions. They may","limit the number of suitable candidates to","be invited to participate in the procedure","in accordance with Article 72(2).","","Only those economic operators invited by","the contracting entity following its","assessment of the requested information","may submit research and innovation","projects, aimed at meeting the needs","identified by the contracting entity that","cannot be met by existing solutions. The","contract shall be awarded on the sole","basis of the award criterion of the most","economically advantageous tender in","accordance with Article 76 (1)(a).","","4. The structure of the partnership and, in","particular the duration and value of the","different phases shall reflect the degree of","innovation of the proposed solution and","the sequence of the research and","innovation activities required for the","development of an innovative solution not","yet available on the market. The value","","","and duration of a contract for the","purchase of the resulting supply, service","or works shall remain within appropriate","limits, taking into account the need to","recover the costs, including those","incurred in developing an innovative","solution, and to achieve an adequate","profit.","","Contracting entities shall not use","innovation partnerships in such a way as","to prevent, restrict or distort competition."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"502","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-188","location":[[" Proposal for a directive","Recital 37 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:26"},"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)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"188","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-790","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point c"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:25"},"new":["(c) at least three tenders have been","submitted."],"old":["(c) at least five tenders have been","submitted."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"790","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-503","location":[[" Proposal for a directive","Article 43"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["deleted"],"old":["Article 43","Innovation partnership","1. Member States may 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.","","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) 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 costs.","","2. The partnership shall be structured in","successive stages following the sequence","of steps in the research and innovation","process, possibly up to the manufacturing","of the supply or the provision of the","services. It shall provide for intermediate","targets to be attained by the partner and","provide for payment of the remuneration","in appropriate instalments. Based on","those targets, the contracting entity can","decide after each stage to terminate the","partnership and launch a new","procurement procedure for the remaining","phases, provided that it has acquired the","relevant intellectual property rights.","","3. The contract shall be awarded in","accordance with the rules for a negotiated","procedure with prior call for competition","set out in Article 42.","","In selecting candidates, contracting","entities shall pay particular attention to","criteria concerning the tenderers\u2019","capacity and experience in the field of","research and development or of","developing innovative solutions. They may","limit the number of suitable candidates to","be invited to participate in the procedure","in accordance with Article 72(2).","","Only those economic operators invited by","the contracting entity following its","assessment of the requested information","may submit research and innovation","projects, aimed at meeting the needs","identified by the contracting entity that","cannot be met by existing solutions. The","contract shall be awarded on the sole","basis of the award criterion of the most","economically advantageous tender in","accordance with Article 76 (1)(a).","","4. The structure of the partnership and, in","particular the duration and value of the","different phases shall reflect the degree of","innovation of the proposed solution and","the sequence of the research and","","innovation activities required for the","development of an innovative solution not","yet available on the market. The value","and duration of a contract for the","purchase of the resulting supply, service","or works shall remain within appropriate","limits, taking into account the need to","recover the costs, including those","incurred in developing an innovative","solution, and to achieve an adequate","profit.","Contracting entities shall not use","innovation partnerships in such a way as","to prevent, restrict or distort competition."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"503","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-791","justification":" It seems appropriate to allow contracting authorities to ask for explanation in order to\n establish whether a price is abnormally low also in other situations than those provided for in\n paragraph 1. In addition, it is advisable to give some examples of such additional cases.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:25"},"new":["2. Contracting entities may also request","explanations concerning price or costs","indicated in a tender when other","conditions, than those indicated in","paragraph 1, are fulfilled for instance if","the price or cost indicated in a tender is","significantly lower than prices or costs","indicated in other tenders or than a price","or costs estimated by the contracting","authority, and the probability that the","price or cost is abnormally low is very","high."],"old":["2. Where tenders appear to be abnormally","low for other reasons, contracting entities","may also request such explanations."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"791","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-189","justification":" While there is clear need to promote SME access to public procurement, an near total\n obligation for contracting authoritites to divide contracts into lots is the wrong approach.\n Moreover giving contracting authorities discretion to limit the number of lots won by\n individual suppliers is likely to work against rewarding innovative or otherwise competitive\n SMEs, and runs a serious risk of being abused in order to discriminate against \"outsiders\".\n Soft measures are preferable.","location":[["Proposal for a directive","Recital 38"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:26"},"new":["(38) Public procurement should be","adapted to the needs of SMEs.","Contracting authorities should make use","of the Code of Best Practice providing","guidance on how they may apply the","public procurement framework in a way","that facilitates SME participation. In order","to foster the involvement of small and","medium-sized enterprises (SMEs) in the","public procurement market, contracting","authorities should in particular give","consideration to dividing contracts into","lots and ensure transparency in access to","information on their reasons for doing so","or choosing not to. Member States should","introduce measures to promote the access","of SMEs to public procurement, in","particular through improved information","and guidance on tendering and on the","new opportunities offered by the","modernised EU legal framework, and to","foster the exchange of best practice and","the organisation of training and events","involving public procurers and SMEs."],"old":["(38) In order to encourage the involvement","of small and medium-sized enterprises","(SMEs) in the procurement market, it","should be provided explicitly that contracts","may be divided into lots, whether","homogenous or heterogeneous. Where","contracts are divided into lots, contracting","entities may, for instance in order to","preserve competition or to ensure security","of supply, limit the number of lots for","which an economic operator may tender;","they may also limit the number of lots that","may be awarded to any one tenderer.",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"189","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-504","location":[[" Proposal for a directive","Article 43 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:27"},"new":["Member States shall provide that","contracting entities may apply innovation","partnerships as regulated in this Directive."],"old":["Member States may 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"504","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-792","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 2"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:25"},"new":["2. Where tenders appear to be abnormally","low for other reasons, contracting entities","shall also be required to request such","explanations."],"old":["2. Where tenders appear to be abnormally","low for other reasons, contracting entities","may also request such explanations."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"792","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-190","justification":"The equal treatment of workers and the compliance with national laws is included in the\ncurrent directive - there is no reason for deletion. Recital 34 of the current Directive\n2004/18/EC:The laws, regulations and collective agreements, at both national and\nCommunity level, which are in force in the areas of employment conditions and safety at work\napply during performance of a public contract, providing that such rules, and their\napplication, comply with Community law.... If national law contains provisions to this effect,\nnon-compliance with those obligations may be considered to be grave misconduct or an\noffence concerning the professional conduct of the economic operator concerned, liable to\nlead to the exclusion of that economic operator from the procedure for the award of a public\ncontract.","location":[[" Proposal for a directive","Recital 40"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:26"},"new":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental,","labour or social obligations, including","rules on working conditions, collective","agreements and accessibility for disabled","persons or other forms of grave","professional misconduct, such as violations","of competition rules or of intellectual","property rights."],"old":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental or","social obligations, including rules on","accessibility for disabled persons or other","forms of grave professional misconduct,","such as violations of competition rules or","of intellectual property rights."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"190","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-505","justification":"The promotion of innovation partnerships is a key priority in this modernisation exercise. As\nsuch, transposition of the procedure should not be optional and, instead should be uniform\nacross all Member States to ensure a level playing field.","location":[[" Proposal for a directive","Article 43 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4538,96704,96876,96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["Member States shall provide that","contracting entities may apply innovation","partnerships as regulated in this Directive."],"old":["Member States may 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"505","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-793","location":[["Proposal for a directive","Article 79 \u2013 paragraph 2 a (new)"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:25"},"new":["2a. Contracting authorities shall take into","account compliance with labour law in","procurement procedures for services","which involve the substitution of staff and","which are in economic sectors deemed","labour intensive and to offer low added","value; tenders for a price which involves","labour costs which are lower than wages","set out in collective bargaining","agreements or the applicable legal","minimum wage shall be considered","abnormal and disproportionate."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"793","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-506","justification":" This amendment improves the new innovation partnerships procedure.","location":[["Proposal for a directive","Article 43 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4538,96704,96876,96873],"meta":{"created":"2019-07-03T05:36:28"},"new":["In innovation partnerships, any economic","operator may submit a request to","participate in response to a contract 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, the 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)."],"old":["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) 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 costs."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"506","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-191","location":[["Proposal for a directive","Recital 40"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:26"},"new":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental,","labour or social obligations, including","rules on working conditions, accessibility","for disabled persons or other forms of","grave professional misconduct, such as","violations of competition rules or of","intellectual property rights."],"old":["(40) Public contracts should not be","awarded to economic operators that have","participated in a criminal organisation or","have been found guilty of corruption, fraud","to the detriment of the Union's financial","interests or money laundering. Non-","payment of taxes or social security","contributions should also be sanctioned by","mandatory exclusion at the level of the","Union. Given that contracting entities,","which are not contracting authorities,","","might not have access to indisputable proof","on the matter, it is appropriate to leave the","choice of whether or not to apply the","exclusion criteria listed in Directive","[2004/18] to such contracting entities. The","obligation to apply Article 55(1) and (2) of","Directive [2004/18] should therefore be","limited to contracting entities that are","contracting authorities. Furthermore,","contracting entities should be given the","possibility to exclude candidates or","tenderers for violations of environmental or","social obligations, including rules on","accessibility for disabled persons or other","forms of grave professional misconduct,","such as violations of competition rules or","of intellectual property rights."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"191","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-794","justification":"Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:25"},"new":["3. 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:"],"old":["3. The explanations referred to in","paragraphs 1 and 2 may in particular","relate to:"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"794","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-507","location":[[" Proposal for a directive","Article 43 \u2013 paragraph 2 - subparagraph 2 a (new) and 2 b (new)"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["Intellectual property rights shall be","granted only for the purposes of enabling","the contracting authority to build on the","outcome of the preceding phases, in","accordance with the aim of the","partnership in the event of a change of","contractor during the procedure, in order","to restrict the use which may be made of","those rights by the undertaking which has","been replaced.","Intellectual property rights clauses shall","clearly define the rights and obligations of","all parties."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"507","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-192","justification":" Linguistic Amendment","location":[[" Proposal for a directive","Recital 41"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:27"},"new":["(41) Where contracting entities are obliged","or choose to apply the exclusion criteria","mentioned above, they should apply","Directive [2004/18] concerning the","possibility that economic operators adopt","compliance measures aimed at remedying","the consequences of any criminal offences","or misconduct and at effectively preventing","further occurrences of the misbehaviour."],"old":["(41) Where contracting entities are obliged","or choose to apply the just mentioned","exclusion criteria, they should apply","Directive [2004/18] concerning the","possibility that economic operators adopt","compliance measures aimed at remedying","the consequences of any criminal offences","or misconduct and at effectively preventing","further occurrences of the misbehaviour."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"192","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-795","justification":" Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:25"},"new":["(b) the technical solutions chosen and/or","any exceptionally favourable conditions","available to the tenderer for the supply of","the goods or services or for the execution","of the work;"],"old":["(b) the technical solutions chosen or any","exceptionally favourable conditions","available to the tenderer for the supply of","the goods or services or for the execution","of the work;"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"795","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-508","justification":"Ibid.","location":[[" Proposal for a directive","Article 43 \u2013 paragraph 2"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["2. The partnership shall be structured in","successive stages following the sequence","of steps in the research and innovation","process, which may include the","manufacturing of the supply, or the","provision of the services or the completion","of the works. The partnership shall set","intermediate targets to be attained by the","partner and provide for remuneration in","appropriate instalments. Based on those","targets, the contracting entity may decide","after each stage to terminate the","partnership and launch a new procurement","procedure for the remaining phases,","provided that the contracting entity has","indicated in the procurement documents","under which conditions it may make use","of this discretion to terminate the","partnership."],"old":["2. The partnership shall be structured in","successive stages following the sequence","of steps in the research and innovation","process, possibly up to the manufacturing","of the supply or the provision of the","services. It shall provide for intermediate","targets to be attained by the partner and","","provide for payment of the remuneration in","appropriate instalments. Based on those","targets, the contracting entity can decide","after each stage to terminate the","partnership and launch a new procurement","procedure for the remaining phases,","provided that it has acquired the relevant","intellectual property rights."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"508","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-193","justification":"The main procedure should be to procure to the best value for money or in other words the\nmost economically advantageous tender. There is no need for a second criteria like the lowest\ncosts as in the most economically tender the price criterion is included.","location":[["Proposal for a directive","Recital 43"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["(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, while ensuring that","entities may require high-quality works,","supplies and services that are optimally","suited to their needs as long as they are","linked to the subject matter of the","contract."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or","\u2018the lowest cost\u2019, taking into account that","in the latter case they are free to set","adequate quality standards by using","technical specifications or contract","performance conditions."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"193","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-509","justification":"Key AM linking the Innovation Partnerships procedure to the competitive procedure with\nnegotiation not otherwise used for Utilities Procurements, and allowing for marginally more\nnegotiation, given that this is required for the types of procurement which will fall under the\nnew procedure, which explains why only certain most important parts of Article 27 of the\nMain Public Procurement Directive are carried over here to ensure transparency and\nfairness.","location":[["Proposal for a directive","Article 43 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["The contract shall be awarded according to","the provisions laid down in subparagraphs","1(a) to 1(h) below:","(a) In the procurement documents,","contracting authorities shall indicate","which elements define the minimum","requirements to be met. The indications","shall be sufficiently precise so as to enable","economic operators to identify the nature","and scope of the procurement and decide","whether to request to participate in the","procedure.","(b) The minimum time limit for receipt of","requests to participate shall be 30 days","from the date on which the contract notice","is sent, or where a prior information","notice is used as a means of calling for","competition, 30 days from the date on","which the invitation to confirm interests is","sent. The minimum time limit for the","receipt of initial tenders shall be 30 days","from the date on which the invitation is","sent.","(c) Contracting authorities shall negotiate","with tenderers the initial and all","subsequent tenders submitted, to improve","the content to ensure that these tenders","better fulfil the award criteria specified in","the procurement documents.","(d) During the negotiations, contracting","authorities shall ensure the equal","treatment of all tenderers. To that end,","they shall not provide information in a","discriminatory manner which may give","some tenderers an advantage over others.","They shall take particular care to ensure","that all tenderers, whose tenders have not","been eliminated, are informed in writing","of any changes to the technical","specifications of other procurement","documents other than those setting out","the minimum requirements, providing","sufficient time to allow such tenderers to","modify and re-submit amended tenders","following these changes.","(e) In accordance with Article 32,","contracting authorities shall not reveal to","the other participants confidential","information communicated by a candidate","participating in the negotiations without","its agreement. Such agreement shall not","take the form of a general waiver but","shall be given with reference to the","intended communication of specific","information.","(f) The minimum requirements and the","award criteria shall not be subject to","negotiations.","(g) Once the deadline for submitting","tenders has expired, and before","proceeding to their examination,","contracting authorities may specify a","weighting attached to the subheadings of","an award criterion defined in advance in","accordance with Article 76(5), provided","that:","(i) the contract award criteria set out in","the contract documents or the contract","notice are unaltered;","(ii) this does not include new elements","which would have affected the","preparation of the tenders;","(iii) this does not give rise to","discrimination against any one of the","tenderers.","(h) Innovation partnership procedures","may take place in successive stages in","order to reduce the number of tenders to","be negotiated, by applying the award","criteria specified in the contract notice, in","the invitation to confirm interest or in the","procurement documents. In the contract","notice, the invitation to confirm interest or","in the procurement documents, the","contracting authority shall clearly","indicate whether it will use this option."],"old":["The contract shall be awarded in","accordance with the rules for a negotiated","procedure with prior call for competition","set out in Article 42.","","",""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"509","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-796","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:25"},"new":["(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;"],"old":["(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 XIV or, where","not applicable, with other provisions","ensuring an equivalent level of protection;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"796","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-194","location":[["Proposal for a directive","Recital 43"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["(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 an award criterion 'the most","economically advantageous tender', taking","into account that in the latter case they are","free to set adequate quality standards by","using technical specifications or contract","performance conditions."],"old":["(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."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"194","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-510","justification":" Improvements to the innovation partnerships procedure making it more accessible to\n innovative SMEs in particular.","location":[["Proposal for a directive","Article 43 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["In selecting candidates, contracting entities","shall pay particular attention to criteria","concerning the candidates' capacity in the","field of research and development and of","developing innovative solutions. They may","limit the number of suitable candidates to","be invited to participate in the procedure in","accordance with Article 72(2)."],"old":["In selecting candidates, contracting entities","shall pay particular attention to criteria","concerning the tenderers\u2018 capacity and","experience in the field of research and","development or of developing innovative","solutions. They may limit the number of","suitable candidates to be invited to","participate in the procedure in accordance","with Article 72(2)."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"510","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-797","justification":"Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:25"},"new":["(d) compliance 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;"],"old":["(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 XIV or,","where not applicable, with other","provisions ensuring an equivalent level of","protection;"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"797","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-195","location":[[" Proposal for a directive","Recital 43"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["(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 \u2018the most","economically advantageous tender\u2019 or, in","case of standardised goods, \u2018the lowest","prize'."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or \u2018the","lowest cost\u2019, taking into account that in","the latter case they are free to set adequate","quality standards by using technical","specifications or contract performance","","","conditions."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"195","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-798","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:26"},"new":["(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, with","the obligations regarding working","conditions along the supply chain as","stated in national labour laws and","regulations in which production processes","take place and in international","conventions as listed in Annex XIV,","whatever the most favourable of workers.","These provisions include:","(i) those defined by the eight ILO Core","Conventions (freedom of association and","collective bargaining, forced and","compulsory labour, discrimination in","respect of employment and occupation,","child labour);","(ii) occupational safety and health","(iii) working time","(iv) wages","(v) social security"],"old":["(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 XIV or, where","not applicable, with other provisions","ensuring an equivalent level of protection;",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"798","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-511","justification":" Award basis is already mentioned in previous AMs on innovation partnerships.","location":[[" Proposal for a directive","Article 43 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["Only those economic operators invited by","the contracting entity following its","assessment of the requested information","may submit research and innovation","projects aimed at meeting the needs","identified by the contracting entity that","cannot be met by existing solutions."],"old":["Only those economic operators invited by","the contracting entity following its","assessment of the requested information","may submit research and innovation","projects, aimed at meeting the needs","identified by the contracting entity that","cannot be met by existing solutions. The","contract shall be awarded on the sole","basis of the award criterion of the most","economically advantageous tender in","accordance with Article 76 (1)(a)."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"511","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-196","location":[["Proposal for a directive","Recital 44"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:27"},"new":["(44) Where contracting entities award a","contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"old":["(44) Where contracting entities choose to","award a contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"196","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-799","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:26"},"new":["(d) compliance with obligations established","by Union legislation in the field of","environmental law or with obligations","relating to social and employment","conditions, such as health and safety at","the workplace, social security and","working conditions, as laid down in EU","and national laws, regulations or","administrative provisions, arbitration","rulings, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, which","apply in the place where the work, service","or supply is performed (these obligations","shall also apply in cross-border situations","in which workers from one Member State","provide services in another Member","State), or, where not applicable, with other","provisions ensuring an equivalent level of","protection;"],"old":["(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 XIV or, where","not applicable, with other provisions","ensuring an equivalent level of protection;"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"799","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-197","location":[["Proposal for a directive","Recital 44"]],"meta":{"created":"2019-07-03T05:36:27"},"new":["(44) Contracting entities must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective and fair","competition and be accompanied by","requirements that allow the information","provided by the tenderers to be effectively","verified."],"old":["(44) Where contracting entities choose to","award a contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"197","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-512","justification":"This AM ensures that the use of innovation partnerships is appropriate to the core objective\nbehind this new procedure and that they deliver value for money.","location":[["Proposal for a directive","Article 43 \u2013 paragraph 4 \u2013 subparagraph 1"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["The contracting entity shall ensure that","the structure of the partnership and, in","particular, the duration and value of the","different phases shall reflect the degree of","innovation of the proposed solution and the","sequence of the research and innovation","activities required for the development of","an innovative solution not yet available on","the market. The estimated value of","supplies, services or works shall not be","disproportionate in relation to the","investment required for their","development."],"old":["The structure of the partnership and, in","particular the duration and value of the","different phases shall reflect the degree of","innovation of the proposed solution and the","sequence of the research and innovation","activities required for the development of","an innovative solution not yet available on","the market. The value and duration of a","contract for the purchase of the resulting","supply, service or works shall remain","within appropriate limits, taking into","account the need to recover the costs,","including those incurred in developing an","innovative solution, and to achieve an","adequate profit."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"512","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-198","justification":"Contracting authorities should be encouraged to consider lifecycle costs. However the\ndevelopment of the calculation method is still experiencing problems. An obligation to use the\nEU method is far too ambitious further more European legislation on public procurement sets\nminimum requirements, contracting authorities may go further in their requirements as long\nas they comply with the Treaty principles and the specific requirements for award criteria.","location":[[" Proposal for a directive","Recital 46"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities can","determine the most economically","advantageous tender 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","costs over the life-cycle of a works,","supplies or services, both their internal","costs (such as development, production,","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;"],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"198","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-800","justification":"Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 4"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:26"},"new":["deleted"],"old":["4. The contracting entity 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 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 or","environmental law or by the international","social and environmental law provisions","listed in Annex XIV."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"800","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-513","justification":" This concern is already covered in a previous Amendment on innovation partnerships","location":[["Proposal for a directive","Article 43 \u2013 paragraph 4 \u2013 subparagraph 2"]],"meps":[4538,96704,96876],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["Contracting entities shall not use","innovation partnerships in such a way as","to prevent, restrict or distort competition."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"513","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-199","location":[["Proposal for a directive","Recital 46"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:27"},"new":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as research,","development, production, 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."],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"199","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-801","location":[["Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:26"},"new":["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."],"old":["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 or environmental law or by the","international social and environmental law","","provisions listed in Annex XIV."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"801","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-514","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:28"},"new":["Contracting authorities may not use the","negotiated procedure without publication","to confine negotiations to the price of the","works, supplies and services. Contracting","entities may use a negotiated procedure","without prior call for competition in the","following cases:"],"old":["Contracting entities may use a negotiated","procedure without prior call for","competition in the following cases:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"514","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-200","location":[[" Proposal for a directive","Recital 46"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:27"},"new":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","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; adopted","in close consultation with stakeholders,","including industry; whenever such a","methodology is developed its use should be","made compulsory."],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"200","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-802","justification":" For the sake of legal certainty contracting authorities should be obliged to reject the tender\n where they establish that the price indicated therein does not cover costs borne by the\n economic operator. It is to be stressed that abnormally low tenders \u2013 in particular those that\n do not guarantee the recovery of costs of manufacturing products, providing services or\n carrying out works which are subject matter of the public contract \u2013 are one of the major\n factors that may jeopardise the execution of public contracts to the detriment of public\n interest.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:26"},"new":["Contracting entities shall reject the tender,","where they have established that the tender","is abnormally low because the price or","costs indicated in a tender does not cover","costs of manufacturing a product,","providing services or carrying out works","which are subject matter of the public","contract, taking into consideration","economic conditions, and in particular if","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 XIV."],"old":["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 or environmental law or by the","international social and environmental law","provisions listed in Annex XIV."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"802","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-515","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point a"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:28"},"new":["(a) where no tenders or no suitable tenders","or no requests to participate have been","submitted in response to a procedure with a","prior call for competition, provided that the","initial conditions of the contract are not","altered;"],"old":["(a) where no tenders or no suitable tenders","or no requests to participate have been","submitted in response to a procedure with a","prior call for competition, provided that the","initial conditions of the contract are not","substantially altered;"],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"515","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-803","location":[["Proposal for a directive","Article 79 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:26"},"new":["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 or environmental law or with","the obligations regarding working","conditions along the supply chain as","stated in national labour laws and","regulations in which production processes","take place and in international","conventions as listed in Annex XIV,","whatever the most favourable of workers.","These provisions include:","(a) those defined by the eight ILO Core","Conventions (freedom of association and","collective bargaining, forced and","compulsory labour, discrimination in","respect of employment and occupation,","child labour);","(b) occupational safety and health","(c) working time","(d) wages","(e) social security"],"old":["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 or environmental law or by the","international social and environmental law","provisions listed in Annex XIV."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"803","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-201","justification":" Life-cycle costing should be one of the options in order to determine the economically most\n advantageous tender (EMAT) rather than an alternative to it. The alternative to EMAT should\n be the lowest prize, but only for standardised products.","location":[["Proposal for a directive","Recital 46"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:27"},"new":["(46) These sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting authorities to pursue the","objectives of the Europe 2020 Strategy in","their purchasing strategies. It should hence","be made clear that contracting authorities","can determine the most economically","advantageous tender 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 works,","supplies or services (such as use,","maintenance and end-of-life disposal","costs)."],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-cycle","of a works, supplies or services, both their","internal costs (such as development,","production, 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"201","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-516","justification":"Limiting use of the negotiated procedure without prior publication only to work of art seems\nto be too narrow approach. Public contract in question may not refer to work of art but\nwithout a doubt have artistic nature (i.e. artistic performance, concert).","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point c"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:28"},"new":["(c) when for artistic reasons the contract","may be awarded only to a particular","economic operator;"],"old":["(c) where the aim of the procurement is","the creation or obtention of a work of art;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"516","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-202","location":[[" Proposal for a directive","Recital 47 a (new)"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:27"},"new":["(47a) Taking into account recent case law","of the Court of Justice of the European","Union, contracting authorities can choose","an award criterion which refers to the fact","that the product concerned is of fair trade","origin, including the requirement to pay a","minimum and price premium to","producers."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-804","justification":" Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 5"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:26"},"new":["5. Where a contracting entity establishes","that a tender is abnormally low because the","tenderer has obtained State aid, the tender","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 entity, that the aid in question","was granted legally. Where the contracting","entity rejects a tender in those","circumstances, it shall inform the","Commission thereof."],"old":["5. Where a contracting entity 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 entity, that the aid in question","was compatible with the internal market","within the meaning of Article 107 of the","Treaty. Where the contracting entity rejects","a tender in those circumstances, it shall","inform the Commission thereof."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"804","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-517","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["(i) the absence of competition for","technical reasons;"],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"517","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-518","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:28"},"new":["(i) the absence of competition for technical","or legal reasons;"],"old":["(i) the absence of competition for technical","reasons;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"518","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-203","justification":"Social considerations are not enough covered by the Commission proposal. Their application\nshould be allowed in all phases of the procurement process as long as they are linked to the\nsubject matter of the contract.","location":[[" Proposal for a directive","Recital 47"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["(47) Furthermore, in technical","specifications, in award criteria and in","contract performance clauses, contracting","entities 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 include, in the award","criterion characteristics related to the","working conditions of the persons directly","participating in the process of production","or provision in question. Those","characteristics may among others 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 be linked to the subject matter of the","contract. 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 services32and 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 party.","Contracting authorities may include","social considerations (i.a. ILO core","conventions) in the technical","specifications when this is relevant and","linked to the subject matter of the","contract."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"203","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-805","justification":"Given that European businesses are facing increased competition from third country\nbusinesses that obtain substantial levels of State aid, a fair competition environment must be\ncreated for all tenders submitted in the European Union, and contracting entities should be\nobliged to reject any tenders from tenderers who have received State aid which is\nincompatible with the Treaty.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 5"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:26"},"new":["5. When submitting a tender, tenderers","must provide a declaration on their","honour attesting that they have not","received for the purposes of their tender","State aid which would be incompatible","with Article 107 of the Treaty on the","Functioning of the European Union, or","which would be incompatible with the","aforementioned Article if the State","granting that aid were an EU Member","State, and furnish any substantiating","documents requested by the contracting","entity.","Where a contracting entity 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 entity, that the aid in question","was compatible with the internal market","within the meaning of Article 107 of the","Treaty. Where the contracting entity rejects","a tender in these circumstances, it shall","inform the Commission of that fact.","If it is established that the selected","tenderer has received unlawful State aid,","the call-for-tender procedure shall be","cancelled."],"old":["5. Where a contracting entity 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 entity, that the aid in question","was compatible with the internal market","within the meaning of Article 107 of the","Treaty. Where the contracting entity rejects","a tender in those circumstances, it shall","inform the Commission thereof.",""],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"805","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-519","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:28"},"new":["(i) the absence of competition for technical","or legal reasons;"],"old":["(i) the absence of competition for technical","reasons;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"519","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-806","location":[["Proposal for a directive","Article 79 \u2013 paragraph 5 a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:26"},"new":["5a. The contracting authorities shall","automatically exclude any tenders which","quote a price more than 50% lower than","the mean price quoted in all the tenders","submitted."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"806","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-204","location":[[" Proposal for a directive","Recital 47"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:27"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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, such as, inter","alia, those which may 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 disability.","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 party."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"204","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-520","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:28"},"new":["i) the absence of competition for legal or","technical reasons;"],"old":["i) the absence of competition for technical","reasons;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"520","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-807","justification":" Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 6"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:26"},"new":["deleted"],"old":["6. Upon request, Member States shall","make available to other Member States, in","accordance with Article 97, any","information relating to the evidence and","documents produced in relation to details","listed in paragraph 3."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"807","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-205","justification":" An Amendment to Article 2 paragraph 1 \u2013 point 22 introduces the term of \u201clife cycle\u201d as\n embedded in a works, supply or service as a result of choices made in the non-use phases of\n the life cycle, so long as there is no loss of the link to the subject matter of the contract, and\n accordingly so long as this applies from the point of purchase. These considerations are\n intended to be included into what constitutes the MEAT. This amended recital makes a\n reference to this provision.","location":[["Proposal for a directive","Recital 47"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:28"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting authorities should be allowed","to refer to the monetisation of the life","cycle of the works, service or supply and","accordingly to social and environmental","sustainability, provided that these","characteristics are linked to the subject-","matter of the contract. The technical","specifications and award criteria should","be interpreted broadly. Contracting","authorities may also use the technical","specifications and award criteria to","minimise damaging social or","environmental effects or maximise","positive social or environmental effects.","As part of the award criteria, contracting","authorities should be able to consider the","existence of an embedded life-cycle","approach aiming at minimising cost and","maximising resource efficiency and which","should be applied in the framework of the","provision of works, services or supplies in","a way that does not discriminate directly or","indirectly against economic operators from","other Member States or from third","countries which are parties to the WTO's","Government Procurement Agreement, or","from other third countries with whom the","Union is party to a Free Trade Agreement.","Contracting authorities should also be","allowed to use as technical specifications","and award criteria the organisation,","qualification and experience of the staff","assigned to performing the contract in","question, as this may affect the quality","and social sustainability of contract","performance and, as a result, the","identification of the tender which offers","the best value for money. Contracting","authorities should include these","considerations in the award criterion of","the most economically advantageous","tender."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"205","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-808","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 6 a (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:26"},"new":["6a. Where the contracting entity intends,","after verifying the explanations of the","tenderer, to accept an abnormally low","tender comprising supplies and/or","services originating from outside the","Union, in which the value of the non-","covered supplies or services exceeds 50 %","of the total value of the supplies or","services constituting the tender, in","accordance with Article 37a, it shall","inform the other tenderers of this in","writing, including the reasons for the","abnormally low character of the price or","costs charged.","A contracting entity may withhold any","information if this would impede law","enforcement, would otherwise be contrary","to the public interest, would prejudice the","legitimate commercial interests of","economic operators, whether public or","private, or might prejudice fair","competition between them."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"808","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-521","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["This exception only applies when the","absence of competition is not the result of","an artificial narrowing down of the","parameters of the procurement;"],"old":["This exception only applies when no","reasonable alternative or substitute exists","and the absence of competition is not the","result of an artificial narrowing down of","the parameters of the procurement;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"521","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-206","location":[[" Proposal for a directive","Recital 47"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:28"},"new":["(47) 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 party."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"206","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Constance Le Grip","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-809","justification":"Until regulation [COD 2012/0060] entry into force, former article 58 of Directive\n2004/17/EC shall apply to avoid any legal gaps.","location":[["Proposal for a directive","Article 79 a (new)"]],"meps":[96876,101580],"meta":{"created":"2019-07-03T05:36:27"},"new":["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 Union has not","concluded, whether multilaterally or","bilaterally, an agreement ensuring","comparable and effective access for","Union undertakings to the markets of","those third countries. It shall be without","prejudice to the obligations of the 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[1], 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 76, 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","proportion, referred to in paragraph 2, of","products originating in third countries.","5. The Commission shall submit an","annual report to the European Parliament","and to 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 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 the provisions of this Article in the","light of such developments.","[1] OJ L 302, 19.10.1992, p. 1."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"809","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-522","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 paragraph 1"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:29"},"new":["This exception only applies when the","absence of competition is not the result of","an artificial narrowing down of the","parameters of the procurement;"],"old":["This exception only applies when no","reasonable alternative or substitute exists","and the absence of competition is not the","result of an artificial narrowing down of","the parameters of the procurement;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"522","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-207","location":[["Proposal for a directive","Recital 47"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting authorities should be allowed","to refer to life cycle characteristics, such","as a specific production process, including,","for example, social and environmental","aspects, a specific mode of provision of","services, functional or performance","requirements aimed at minimising or","maximising environmental or social","impacts, 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 public contract. The","rule concerning the link to the subject-","matter should be interpreted broadly.","Accordingly, in order to better integrate","social considerations in public","procurement, procurers may also be","allowed to include, in the technical","specifications and award criteria,","characteristics related to the working","conditions of the persons directly","participating in the process of production","or provision in question. Those","characteristics may, for example, concern","the protection of health of the staff","involved in the production process, gender","equality (e.g. equal pay, work-life","balance), access to vocational training,","user involvement and consultation,","affordability, human rights, ethical trade","or the favouring of social integration of","disadvantaged persons or members of","vulnerable groups (such as long-term","unemployed persons, Roma, migrants or","young and older workers) 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 services 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 party. For service","contracts and for contracts involving the","design of works, contracting authorities","should also be free to use as technical","specifications or award criteria the","organisation, qualifications and","experience of the staff assigned to","performing the contract in question, as","this may affect the quality and","sustainability of contract performance","and, as a result, the economic value of the","tender. Contracting authorities may also","integrate into technical specifications or","award criteria social considerations","relating to external social costs directly","linked to the life cycle, such as the impact","of production on the surrounding","environment and adjacent communities.","Contracting authorities should lay down","in the technical specifications obligations","relating to social and employment","conditions, health and safety at the","workplace, social security and working","conditions, as laid down in EU and","national laws, regulations or","administrative provisions, arbitration","rulings, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, which","apply in the place where the work, service","or supply is performed; these obligations","should also apply in cross-border","situations, where workers from one","Member State provide services in another","Member State."],"old":["(47) Furthermore, in technical","","specifications and in award criteria,","contracting entities 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 services 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 party.",""],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"207","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-810","location":[["Proposal for a directive","Article 79 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:27"},"new":["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 Union has not","concluded, whether multilaterally or","bilaterally, an agreement ensuring","comparable and effective access for","Union undertakings to the markets of","those third countries. It shall be without","prejudice to the obligations of the Union","or its Member States in respect of third","countries.","2. Contracting entities may require","tenderers to provide information on the","origin of the goods and services contained","in the tender, and their value. Any tender","submitted for the award of a supply","contract where the value 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 Code1, exceeds 50 % of the total","value of the products or services","constituting the tender may be rejected","under the following conditions.","3. Upon request of contracting entities,","the Commission shall assess whether to","approve, for contracts of an estimated","value equal or above EUR 5 000 000","exclusive of value-added tax (VAT) the","exclusion from procedures for the award","of contract tenders comprising goods or","services originating outside the Union, if","the value of goods or services originating","in a country with which the Union has not","concluded an international agreement in","the field of public procurement including","market access commitments or goods or","services originating in a country with","which the Union has concluded such an","agreement, but in respect of which the","agreement does not apply, exceeds 50% of","the total value of the goods or services","constituting the tender.","4. For contracts referred to in paragraph","3, the Commission shall adopt an","implementing act concerning the approval","of the intended exclusion. Those","implementing acts shall be adopted","according to the examination procedure.","5. When adopting implementing acts","pursuant to paragraph 4, the Commission","shall approve the intended exclusion in","the following cases:","(a) if the international agreement","concerning market access in the field of","public procurement between the Union","and the country where the goods and/or","services originate contains, for the goods","and/or services for which the exclusion is","proposed, explicit market access","reservations taken by the Union;","(b) where an agreement referred to in","point (a) does not exist and the third","country maintains restrictive procurement","measures leading to a lack of substantial","reciprocity in market opening between the","Union and the third country concerned.","For the purposes of point (b), a lack of","substantial reciprocity is presumed where","restrictive procurement measures result in","serious and recurring discriminations of","Union economic operators, goods and","services.","When adopting implementing acts","pursuant to paragraph 6, the Commission","shall not approve an intended exclusion","where it would violate market access","commitments entered into by the Union in","its international agreements.","6. When assessing whether a lack of","substantial reciprocity exists, the","Commission shall examine the following:","(a) to what degree public procurement","laws of the country concerned ensure","transparency in line with international","standards in the field of public","procurement and preclude any","discrimination against Union goods,","services and economic operators;","(b) to what degree public authorities","and/or individual procuring entities","maintain or adopt discriminatory","practices against Union goods, services","and economic operators.","7. Contracts concluded with an economic","operator in violation of Commission","implementing acts adopted pursuant to","paragraph 4 upon intended exclusion","notified by contracting authorities shall be","declared ineffective within the meaning of","Directive 2007/66/EC."],"old":["","",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"810","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-523","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:29"},"new":["(da) where an economic operator takes","the initiative to offer a contracting entity","an innovation partnership 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 costs."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"523","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Bernadette Vergnaud","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-811","justification":" Pending the adoption of a regulation on reciprocity, it is appropriate to maintain the present\n public procurement legislation.","location":[["Proposal for a directive","Article 79 a (new)"]],"meps":[28177],"meta":{"created":"2019-07-03T05:36:27"},"new":["Article 79a","Tenders comprising products originating","in third countries","1. This Article shall apply to tenders","covering products or services 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 also apply to tenders","containing products or services","originating in third countries that are","subject to a reservation concerning access","to the European market under the terms","of international agreements on public","procurement concluded by the European","Union (bilateral free-trade agreements or","a multilateral agreement on public","procurement). It shall be without","prejudice to the obligations of the","European Union or its Member States in","respect of third countries.","2. Contracting entities shall ask tenderers","to provide information on the origin of the","goods and services in their tender, and","their value. Statements on the tenderer\u2019s","honour shall be accepted as a means of","preliminary proof. A contracting body can","ask, at any time in the procedure, for part","or all of the documentation required. Any","tender submitted for the award of a supply","contract may be rejected where the value","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 or services 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 76, 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 and services 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 in the","light of these developments, amend the","provisions of this article."],"old":["",""],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"811","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-208","justification":"It might be useful to introduce working conditions as technical specifications and as award\ncriteria not only regarding the \u201cprotection of health\u201d; they should refer also to other working\nconditions that are essential components of the \u201cdecent work\u201d concept defined by ILO.","location":[[" Proposal for a directive","Recital 47"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:28"},"new":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 concern the working","conditions along the supply chain as","stated in national labour laws and","regulations in which production processes","take place and in international","conventions as listed in Annex XIV,","whatever the most favourable for workers.","These provisions include: those defined by","the eight ILO Core Conventions (freedom","of association and collective bargaining,","forced and compulsory labour,","discrimination in respect of employment","and occupation, child labour);","occupational safety and health; working","time; wages; and social security. Those","characteristics may also concern 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 working conditions. 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 party."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party.",""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"208","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-812","location":[[" Proposal for a directive","Article 79 a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:27"},"new":["Article 79a","Abnormally low tenders not originating in","the European Union","When a contracting entity plans to accept","an abnormally low tender including","works, supplies or services not originating","in the European Union, in which the","value of the works, supplies or services","not covered exceeds 50 % of the total","value of the works, supplies or services","that make up the tender, in accordance","with Article 37a the contracting entity","shall inform the other tenderers in","writing, explaining why the price or costs","proposed are abnormally low.","Tenders originating in third countries not","bound by an international agreement","shall automatically be rejected when the","price or cost charged is more than 50 %","lower than the average cost of the other","tenders."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"812","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-209","justification":" The reference to \"the process of production\" or of \"any other stage of its life cycle\" in the\n technical specifications and award criteria is too vague and increases the discretion of\n contracting authorities at the expense of transparency and effective competition. The\n principle of ensuring a link to the subject matter of the contract could easily be broken.","location":[["Proposal for a directive","Recital 47"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:28"},"new":["(47) Furthermore, in technical","specifications, contracting authorities","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 public","contract and proportionate to the value","and objectives of the contract."],"old":["(47) Furthermore, in technical","specifications and in award criteria,","contracting entities 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 party."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"209","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-524","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point e"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency and which","has not been foreseeable by the","contracting entity, the time limits laid","down for open procedures, restricted","procedures and negotiated procedures with","prior call for competition cannot be","complied with. The circumstances invoked","to justify extreme urgency must not in any","event be attributable to the contracting","entity;"],"old":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by force majeure, the time limits","laid down for open procedures, restricted","procedures and negotiated procedures with","prior call for competition cannot be","complied with. The circumstances invoked","to justify extreme urgency must not in any","event be attributable to the contracting","entity;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"524","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Konstantinos Poupakis, Constance Le Grip","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-813","justification":" Until regulation [COD 2012/0060] entry into force, former article 59 of Directive\n 2004/17/EC shall apply to avoid any legal gaps.","location":[[" Proposal for a directive","Article 79 b (new)"]],"meps":[96876,96658,101580],"meta":{"created":"2019-07-03T05:36:27"},"new":["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 report to the","European Parliament and to the Council","before 31 December 2014, and","periodically thereafter, on the opening up","of service contracts in third countries and","on progress in negotiations with these","countries on this subject, 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 Union undertakings","effective access comparable to that","granted by the Union to undertakings","from that country; or","(b) does not grant 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","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 social","and environmental 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 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 Union in","relation to third countries ensuing from","international agreements on public","procurement, particularly within the","framework of the WTO."],"old":["",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"813","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-525","justification":" To limit extreme urgency to force majeure would be too narrow approach.","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point e"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency, the time","limits laid down for open procedures,","restricted procedures and negotiated","procedures with prior call for competition","cannot be complied with. The","circumstances invoked to justify extreme","urgency must not in any event be","attributable to the contracting entity;"],"old":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by force majeure, the time limits","laid down for open procedures, restricted","procedures and negotiated procedures with","prior call for competition cannot be","complied with. The circumstances invoked","to justify extreme urgency must not in any","event be attributable to the contracting","entity;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"525","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-210","location":[[" Proposal for a directive","Recital 49"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["(49) Tenders that appear abnormally low in","relation to the works, supplies or services","might be based on technically,","economically or legally unsound","assumptions or practices. In order to","prevent possible disadvantages during","contract performance, contracting","authorities should be obliged to ask for an","explanation of the price charged where a","tender significantly undercuts the prices","demanded by other tenderers. Where the","tenderer cannot provide a sufficient","explanation, the contracting authority","should reject the tender. Rejection should","be mandatory in cases where the","contracting authority has established that","the abnormally low price indicated results","from non-compliance with Union","environmental law or with obligations","relating to social and employment","conditions, health and safety at the","workplace, social security and working","conditions, as laid down in EU and","national laws, regulations or","administrative provisions, arbitration","rulings, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, which","apply in the place where the work, service","or supply is performed; these obligations","should also apply in cross-border","situations, where workers from one","Member State provide services in another","Member State."],"old":["(49) Tenders that appear abnormally low in","relation to the works, supplies or services","might be based on technically,","","economically or legally unsound","assumptions or practices. In order to","prevent possible disadvantages during","contract performance, contracting entities","should be obliged to ask for an explanation","of the price charged where a tender","significantly undercuts the prices","demanded by other tenderers. Where the","tenderer cannot provide a sufficient","explanation, the contracting entity should","be entitled to reject the tender. Rejection","should be mandatory in cases where the","contracting entity has established that the","abnormally low price results from non-","compliance with mandatory Union","legislation in the fields of social, labour or","environmental law or international labour","law provisions."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"210","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Bernadette Vergnaud","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-814","justification":" Pending the adoption of a regulation on reciprocity, it is appropriate to maintain the present\n public procurement legislation.","location":[["Proposal for a directive","Article 79 b (new)"]],"meps":[28177],"meta":{"created":"2019-07-03T05:36:27"},"new":["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 works, supplies and service","contracts in third countries.","2. The Commission shall periodically","report to the European Parliament and","the Council on the opening up of works,","supplies and 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 works,","supplies and 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 social","and environmental provisions listed in","Annex XIV when these undertakings have","tried to secure the award of works,","supplies and service 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 works, supplies and 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 works,","supplies and 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."],"old":["",""],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"814","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-526","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point e"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:29"},"new":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by events which the contracting","authority could not have foreseen, the","time limits laid down for open procedures,","restricted procedures and negotiated","procedures with prior call for competition","cannot be complied with. The","circumstances invoked to justify extreme","urgency must not in any event be","attributable to the contracting entity;"],"old":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by force majeure, the time limits","laid down for open procedures, restricted","procedures and negotiated procedures with","prior call for competition cannot be","complied with. The circumstances invoked","to justify extreme urgency must not in any","event be attributable to the contracting","entity;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"526","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-211","location":[["Proposal for a directive","Recital 50"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["(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 prior information notice used as a","means of calling 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 welfare. For","instance, mention may be made, amongst","other things, of the requirements \u2013","applicable during performance of the","contract \u2013 to recruit long-term job-seekers","or to implement training measures for the","unemployed or 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. As regards","obligations relating to social and","employment conditions, health and safety","at the workplace, social security and","working conditions, as laid down in EU","and national laws, regulations or","administrative provisions, arbitration","rulings, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, which","apply in the place where the work, service","or supply is performed, contracting","authorities should lay down in the","contract performance clauses provisions","setting an appropriate level of protection."],"old":["(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 welfare. 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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"211","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-815","justification":" The Commission deleted these provisions with a view to adoption of its reciprocity\n instrument. As this text has been delayed, these two articles have been reintroduced as a\n temporary measure, to avoid a legal vacuum. They will lapse on the coming into force of the\n regulation on the access of third-country goods and services to the European Union\u2019s\n internal market in public procurement and establishing procedures supporting negotiations\n on access of European Union goods and services to the public procurement markets of third\n countries.","location":[["Proposal for a directive","Title 2 \u2013 chapter 3 \u2013 section 3 \u2013 subsection 2 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:27"},"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."],"old":["","","",""],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"815","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-527","justification":" The current Utilities Directive provides for the inclusion of \u201cadditional works or services\u201d\n within the list of the cases in which contracting entities may use a procedure without prior\n call for competition. This condition maintains great importance for contracting entities so\n that there are no reasons to remove it from the text of the new Directive. The derogation\n provided for in the new Article 82(6) of the proposal is not - in substance - equivalent to the\n original provision (current Article 40(3)(f)), its wording does not cover exactly the same\n circumstances.","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point f"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:29"},"new":["(f) in the case of supply contracts for","additional deliveries by the original","supplier which are intended either as a","partial replacement of normal supplies or","installations or as the extension of existing","supplies or installations, where a change of","supplier would oblige the contracting entity","to acquire material having different","technical characteristics which would","result in incompatibility or","disproportionate technical difficulties in","operation and maintenance; for additional","works or services which were not included","in the project initially awarded or in the","contract first concluded but have, through","unforeseen circumstances, become","necessary to the performance of the","contract, on condition that the award is","made to the contractor or service provider","executing the original contract:","\u2014 when such additional works or services","cannot be technically or economically","separated from the main contract without","great inconvenience to the contracting","entities, or","\u2014 when such additional works or services,","although separable from the performance","of the original contract, are strictly","necessary to its later stages;"],"old":["(f) in the case of supply contracts for","additional deliveries by the original","supplier which are intended either as a","partial replacement of normal supplies or","installations or as the extension of existing","supplies or installations, where a change of","supplier would oblige the contracting entity","to acquire material having different","technical characteristics which would","result in incompatibility or","disproportionate technical difficulties in","operation and maintenance;",""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"527","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-528","justification":"The current Utilities Directive provides for the inclusion of \u201cadditional works or services\u201d\nwithin the list of the cases in which contracting entities may use a procedure without prior\ncall for competition. This condition maintains great importance for contracting entities so\nthat there are no reasons to remove it from the text of the new Directive. The derogation\nprovided for in the new Article 82(6) of the proposal is not - in substance - equivalent to the\noriginal provision (current Article 40(3)(f)), its wording does not cover exactly the same\ncircumstances.","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point f a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["(fa) for additional works or services which","were not included in the project initially","awarded or in the contract first concluded","but have, through unforeseen","circumstances, become necessary to the","performance of the contract, on condition","that the award is made to the contractor","or service provider executing the original","contract:","(i) when such additional works or services","cannot be technically or economically","separated from the main contract without","great inconvenience to the contracting","entities, or","(ii) when such additional works or","services, although separable from the","performance of the original contract, are","strictly necessary to its later stages;"],"old":[""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"528","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-816","justification":"Any non-procurement-related criteria employed in contract award procedures should be\nclosely linked to the subject-matter of the contract. Allowing contracting authorities to set\nspecific conditions governing the performance of a contract, in particular conditions relating\nto social and environmental considerations, could lead those authorities to depart from the\nprovisions of Article 66 and the award criteria they lay down.","location":[["Proposal for a directive","Article 80"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:27"},"new":["deleted"],"old":["Article 80","Conditions for performance of contracts","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 considerations. 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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"816","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-529","justification":" The current Utilities Directive provides for the inclusion of additional works or services\n within the list of the cases in which contracting entities may use a procedure without prior\n call for competition. This condition maintains great importance for contracting entities so\n that there are no reasons to remove it from the text of the new Directive. The derogation\n provided for in the new Article 82(6) of the proposal is not equivalent to the original\n provision.","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point f a (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:29"},"new":["(fa) for additional works or services which","were not included in the project initially","awarded or in the contract first concluded","but have, through unforeseen","circumstances, become necessary to the","performance of the contract, on condition","that the award is made to the contractor","or service provider executing the original","contract:","(i) when such additional works or services","cannot be technically or economically","separated from the main contract without","great inconvenience to the contracting","entities, or","(ii) when such additional works or","services, although separable from the","performance of the original contract, are","strictly necessary to its later stages;"],"old":[""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"529","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-212","location":[[" Proposal for a directive","Recital 50"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:28"},"new":["(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 welfare. 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 the","working conditions along the supply","chain as stated in national labour laws","and regulations in which production","processes take place and in international","conventions as listed in Annex XIV,","whatever the most favourable for workers.","These provisions include: those defined by","the eight ILO Core Conventions (freedom","of association and collective bargaining,","forced and compulsory labour,","discrimination in respect of employment","and occupation, child labour);","occupational safety and health; working","time; wages and social security."],"old":["(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 welfare. 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"212","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-817","location":[["Proposal for a directive","Article 80"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:27"},"new":["Contracting entities may lay down special","conditions linked to the subject matter and","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","considerations."],"old":["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 considerations. 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"817","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-530","justification":" The common situation where an economic operator has entered into an arrangement with\n creditors must not be considered as a ground for exclusion by itself.","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point j"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:29"},"new":["(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 or a similar","procedure under national laws or","regulations;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"530","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-213","justification":" The deleted text would risk to weaken the link to the subject matter of the contract.","location":[["Proposal for a directive","Recital 50"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:28"},"new":["(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 or","professional training. For example,","mention may be made of the requirements","applicable during the performance of the","contract to implement training measures","for the unemployed or for young persons."],"old":["(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 welfare. 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"213","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-531","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 2 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["(a) it is irregular or unacceptable, or"],"old":["(a) it is irregular or unacceptable, and"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"531","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-818","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:27"},"new":["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","include economic, innovative,","environmental or social considerations.","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. However, none","of those special conditions shall result in","loosing the link to the subject matter of","the contract."],"old":["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 considerations. 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"818","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-214","location":[[" Proposal for a directive","Recital 50 a (new)"]],"meps":[96915,29579],"meta":{"created":"2019-07-03T05:36:28"},"new":["(50a) In order to ensure the correct","functioning of public procurement,","subcontracting must be appropriately","regulated. The contracting entity must be","informed, in the tender document, of the","parts of a contract that the tenderer","intends to subcontract, as well as of the","proposed subcontractors. Any change in","the subcontracting chain that may occur","during performance of the contract","should ensure that the contract is","undertaken to the same standard as","defined in the submitted tender and","should be agreed by the contracting entity.","Where allowed by the nature of the","contract, the contracting entity should pay","the subcontractors directly. Finally, a","system of \u2018joint and several liability\u2019","should be established in the","subcontracting chain and the chain","should be limited to a maximum of three","consecutive vertical subcontracts."],"old":["",""],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"214","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-532","location":[["Proposal for a directive","Article 44 \u2013 paragraph 5 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:29"},"new":["If a contracting body decides, under the","provisions of this Article, to make use of","the negotiated procedure without prior","publication, it must provide the","supervisory body in Article 93 with a","detailed report justifying this choice and","containing the tender documents and","related information, and, if it should","choose to resort to a negotiated procedure","without prior publication based on point","(a) of paragraph 1, the tender documents","from the previous call to tender."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"532","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-215","location":[["Proposal for a directive","Recital 51"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:28"},"new":["(51) The laws, regulations and collective","agreements, at both national and Union","level, that are in force in the areas of","employment conditions, integration of","persons with disabilities into the labour","market and safety at work apply during the","performance of a contract, provided that","such rules, and their application, comply","with Union law. In cross-border situations","where workers from one Member State","provide services in another Member State","for the purpose of performing a contract,","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 services33 lays down the minimum","conditions that must be observed by the","host country in respect of such posted","workers. Where national law contains","provisions to this effect, non-compliance","with those obligations may be considered","to be grave misconduct on the part of the","economic operator concerned, liable to","lead to the exclusion of that economic","operator from the procedure for the award","of a public contract."],"old":["(51) The laws, regulations and collective","agreements, at both national and Union","level, that are in force in the areas of","employment conditions and safety at work","apply during the performance of a contract,","provided that such rules, and their","application, comply with Union law. In","cross-border situations where workers from","one Member State provide services in","another Member State for the purpose of","performing a contract, 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 services33 lays down the","minimum conditions that must be observed","by the host country in respect of such","posted workers. Where national law","contains provisions to this effect, non-","compliance with those obligations may be","considered to be grave misconduct on the","part of the economic operator concerned,","liable to lead to the exclusion of that","economic operator from the procedure for","the award of a public contract."],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"215","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-819","location":[[" Proposal for a directive","Article 80"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:27"},"new":["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","include social and environmental","considerations, and may also include","social and employment protection and","working conditions applying in the place","where the work, service or supply is to be","performed as set out by national","legislation and/or collective agreements or","international labour law provisions listed","in Annex XIV. 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."],"old":["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 considerations. 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"819","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-820","location":[["Proposal for a directive","Article 80"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:27"},"new":["1. 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 considerations.","2. Member States may provide for forms","of compensation for economic operators","in the event of price increases which are","impossible to foresee when the tender is","submitted."],"old":["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 considerations. 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."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"820","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-216","location":[[" Proposal for a directive","Recital 56 a (new)"]],"meps":[96915,29579],"meta":{"created":"2019-07-03T05:36:28"},"new":["(56a) Contracting entities should respect","the delay of payment as established in","Directive 2011/7/EU."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"216","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-533","justification":" Contracting authorities shall be free to regulate framework agreements falling within the\n scope of application of the Utilities Directive, provided that they apply the procedures\n provided for in this Directive. The proposed provision mirrors the discipline of framework\n agreements provided for by the Classic Directive and shall be rejected, as it runs contrary to\n the rationale of the Utilities Directive, in so far as the latter aims at submitting procurement\n by entities operating in the sectors concerned to a specific regime, more flexible than the one\n provided for by the Classic Directive.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["A framework agreement means an","agreement between one or more","contracting entities and one or more","economic operators, the purpose of which","is to establish the terms governing","contracts to be awarded during a given","period."],"old":["A framework agreement means an","agreement between one or more","contracting entities and one or more","economic operators, the purpose of which","is to establish the terms governing","contracts to be awarded during a given","","period, in particular with regard to price","and, where appropriate, the quantities","envisaged."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"533","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-821","location":[[" Proposal for a directive","Article 80"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["Contracting authorities 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 shall include compliance with","obligations relating to social and","employment conditions, such as health","and safety at the workplace, social","security and working conditions, as laid","down in EU and national laws,","regulations or administrative provisions,","arbitration rulings, collective agreements","and contracts and the international","labour law provisions listed in Annex","XIV, which apply in the place where the","work, service or supply is performed.","These obligations shall also apply in","cross-border situations, where workers","from one Member State provide services","in another Member State. 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."],"old":["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 considerations. 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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"821","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-534","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"534","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-217","justification":"These articles cause unnecessary administrative burdens. It is up to the Member States to\norganise their interior administration. Member States can decide to create an over-sight body\n(article 84) without European regulation. Article 84 is contrary to the principle of\nsubsidiarity.","location":[[" Proposal for a directive","Recital 57"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["(57) The evaluation has shown that","Member States do not consistently and","systematically monitor the implementation","and the functioning of public","procurement rules. This has a negative","impact on the correct implementation of","","provisions stemming from those","directives, which is a major source of cost","and uncertainty. Several Member States","have appointed a national central body","dealing with public procurement issues,","but the functions that such bodies are","empowered with vary considerably across","Member States. Clearer, more consistent","and authoritative monitoring and control","mechanisms would increase knowledge of","the functioning of procurement rules,","legal certainty for businesses and","contracting entities, and contribute to","establish a level playing field. Such","mechanisms could serve as tools for","detection and early resolution of","problems, especially with regard to","projects cofunded by the Union, and for","the identification of structural","deficiencies. There is in particular a","strong need to coordinate those","mechanisms to ensure consistent","application, controls and monitoring of","public procurement policy, as well as","systematic assessment of the outcomes of","procurement policy across the Union."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"217","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-822","location":[["Proposal for a directive","Article 80"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:28"},"new":["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 considerations. They may","also include the requirement that Member","States may provide for forms of","compensation to cover risks of price","increases which are impossible to foresee","when the tender is submitted and that","could substantially impact the performance","of a contract."],"old":["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 considerations. 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."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"822","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-535","justification":"Contracting authorities shall be free to regulate framework agreements falling within the\nscope of application of the Utilities Directive, provided that they apply the procedures\nprovided for in this Directive. The proposed provision mirrors the discipline of framework\nagreements provided for by the Classic Directive and shall be rejected, as it runs contrary to\nthe rationale of the Utilities Directive, in so far as the latter aims at submitting procurement\nby entities operating in the sectors concerned to a specific regime, more flexible than the one\nprovided for by the Classic Directive.","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"535","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-218","justification":" Alternative proposals on governance.","location":[["Proposal for a directive","Recital 57"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:28"},"new":["(57) The evaluation has shown that there is","still considerable room for improvement","in the application of the Union public","procurement rules. In view of a more","efficient and consistent application of the","rules, it is on the one hand essential to get","a good overview on possible structural","problems and general patterns in national","procurement policies, in order to address","possible problems in a more targeted way.","This overview should be gained through","appropriate monitoring, the results of","which should be regularly published, in","order to allow an informed debate on","possible improvements of procurement","rules and practice. On the other hand,","better guidance and assistance to","contracting authorities and economic","operators could also greatly contribute to","enhancing the efficiency of public","procurement, through better knowledge,","increased legal certainty and","professionalisation of procurement","practices; such guidance should be made","available to contracting authorities and","economic operators wherever it appears","necessary, to ensure correct application of","the rules."],"old":["(57) The evaluation has shown that","","Member States do not consistently and","systematically monitor the implementation","and the functioning of public procurement","rules. This has a negative impact on the","correct implementation of provisions","stemming from those directives, which is a","major source of cost and uncertainty.","Several Member States have appointed a","national central body dealing with public","procurement issues, but the functions that","such bodies are empowered with vary","considerably across Member States.","Clearer, more consistent and authoritative","monitoring and control mechanisms","would increase knowledge of the","functioning of procurement rules, legal","certainty for businesses and contracting","entities, and contribute to establish a level","playing field. Such mechanisms could","serve as tools for detection and early","resolution of problems, especially with","regard to projects cofunded by the Union,","and for the identification of structural","deficiencies. There is in particular a","strong need to coordinate those","mechanisms to ensure consistent","application, controls and monitoring of","public procurement policy, as well as","systematic assessment of the outcomes of","procurement policy across the Union."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"218","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-823","location":[["Proposal for a directive","Article 80"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:28"},"new":["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 training 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."],"old":["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 considerations. 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"823","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-536","justification":"Contracting authorities shall be free to regulate framework agreements falling within the\nscope of application of the Utilities Directive, provided that they apply the procedures\nprovided for in this Directive.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"536","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-219","location":[[" Proposal for a directive","Recital 57"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:28"},"new":["(57) The evaluation has shown that","Member States do not consistently and","systematically monitor the implementation","and functioning of public procurement","rules. This has a negative impact on the","correct implementation of provisions","stemming from these directives, which is a","major source of cost and uncertainty.","Member States should therefore step up","their monitoring efforts and in the case of","uncertainties they should not hesitate to","ask the Commission for clarification.","Moreover, the European Commission","should report annually on the need for","clarifications, on new jurisprudence of","the European Court of Justice, and on","frequently heard complaints concerning","the implementation of this Directive."],"old":["(57) The evaluation has shown that","Member States do not consistently and","systematically monitor the implementation","and the functioning of public procurement","rules. This has a negative impact on the","correct implementation of provisions","stemming from those directives, which is a","major source of cost and uncertainty.","Several Member States have appointed a","national central body dealing with public","procurement issues, but the functions that","such bodies are empowered with vary","considerably across Member States.","Clearer, more consistent and authoritative","monitoring and control mechanisms would","increase knowledge of the functioning of","procurement rules, legal certainty for","businesses and contracting entities, and","contribute to establish a level playing","field. Such mechanisms could serve as","tools for detection and early resolution of","problems, especially with regard to","projects cofunded by the Union, and for","the identification of structural","deficiencies. There is in particular a","strong need to coordinate those","mechanisms to ensure consistent","application, controls and monitoring of","public procurement policy, as well as","systematic assessment of the outcomes of","procurement policy across the Union."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"219","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-824","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:28"},"new":["1. In the procurement documents, the","contracting entity may ask the tenderer to","indicate in its tender any share of the","contract it may intend to subcontract to","third parties and any proposed","subcontractors. When there is need of a","special know-how and/or equipment,","subcontractors should be named in the","procurements contract by the main","contractor."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"824","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-825","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:28"},"new":["1. In the procurement documents, the","contracting entity shall ask the tenderer to","indicate in its tender any share of the","contract it may intend to subcontract to","third parties and any proposed","subcontractors, providing information","regarding the subcontractor including","names, contact details and legal","representatives.","Any changes in the subcontracting chain","shall be proposed by the economic","operator and agreed by the contracting","entity. In the case the proposed change","regards also the involvement of a new","subcontractor, the main contractor shall","indicate its name, contact details and legal","representatives","Any operators in the subcontracting chain","shall ensure the respect of the provisions","of this Directive and of the conditions","established in the procurement documents","and shall guarantee a performance of the","duties connected to the contract","equivalent to the one defined in the","tender."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors.",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"825","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-220","location":[["Proposal for a directive","Recital 58"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["(58) Member States should designate a","","single national authority in charge of","monitoring, implementation and control","of public procurement. Such a central","body should have first hand and timely","information particularly in relation to","different problems affecting the","implementation of public procurement","law. It should be able to provide","immediate feedback on the functioning of","the policy, the potential weaknesses in","national legislation and practice and","contribute to the quick identification of","solutions. In view of efficiently fighting","corrupion and fraud, this central body","and the general public should also have","the possibility to inspect the texts of","concluded contracts. High-value contracts","should hence be transmitted to the","oversight body with a possibility of","interested persons to have access to these","documents, to the extent that legitimate","public or private interests are not","jeopardized."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"220","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-537","justification":" To solve problems like the maintenance contracts for example of elevators.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["The term of a framework agreement shall","not exceed six years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement. The","term of a framework agreement regarding","the maintenance is based on the lifecycle","of the work or supply."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"537","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-826","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:28"},"new":["1. In the procurement documents, the","contracting entity must ask the tenderer to","indicate in its tender the share of the","contract it wishes to subcontract to third","parties and any proposed subcontractors,","providing information regarding the","subcontractor, including names, contact","details and legal representatives. The","contracting entity must be informed","without delay of any change in the","subcontracting chain."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"826","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-221","justification":"Alternative proposals on governance.","location":[[" Proposal for a directive","Recital 58"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["(58) Member States should designate a","single national authority in charge of","monitoring, implementation and control","of public procurement. Such a central","body should have first hand and timely","information particularly in relation to","different problems affecting the","implementation of public procurement","law. It should be able to provide","immediate feedback on the functioning of","the policy, the potential weaknesses in","national legislation and practice and","","contribute to the quick identification of","solutions. In view of efficiently fighting","corrupion and fraud, this central body","and the general public should also have","the possibility to inspect the texts of","concluded contracts. High-value contracts","should hence be transmitted to the","oversight body with a possibility of","interested persons to have access to these","documents, to the extent that legitimate","public or private interests are not","jeopardized."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"221","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-827","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["1. In the procurement documents, the","contracting authority shall ask, or shall be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors and to give information on","the subcontractors, including their names,","contact details and legal representatives.","Any change in the subcontracting chain","and details of any new subcontractors,","including their names, contact details and","legal representatives, shall be indicated","without delay to the contracting authority."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"827","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Constance Le Grip","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-538","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96876,101580],"meta":{"created":"2019-07-03T05:36:30"},"new":["The term of a framework agreement shall","not exceed four years, save in cases where","it concerns work that will take longer than","four years to carry out or where a longer","period is justified by the need for","economic operators to make investments","for which the amortisation period is","longer than four years or which are","linked to the recruitment of suitable staff","to perform the contract or the training of","staff to perform the contract."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"538","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-828","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:28"},"new":["1a. Member States shall limit the","possibility for a tenderer to subcontract","when executing a public contract to a","maximum of three or less successive","subcontractors. The contracting entities","may establish further limitations to the","use of subcontracting, with regard to the","number of subcontractors or of successive","subcontractors or to the possibility of","changes in the subcontracting chain, or","may establish that no parts of the","contracts shall be subcontracted to third","parties."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"828","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-222","location":[["Proposal for a directive","Recital 58"]],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["(58) Member States should designate a","single national authority in charge of","monitoring, implementation and control","of public procurement. Such a central","body should have first hand and timely","information particularly in relation to","different problems affecting the","implementation of public procurement","law. It should be able to provide","immediate feedback on the functioning of","the policy, the potential weaknesses in","national legislation and practice and","contribute to the quick identification of","solutions. In view of efficiently fighting","corrupion and fraud, this central body","and the general public should also have","the possibility to inspect the texts of","concluded contracts. High-value contracts","","should hence be transmitted to the","oversight body with a possibility of","interested persons to have access to these","documents, to the extent that legitimate","public or private interests are not","jeopardized."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"222","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-829","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1 a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:28"},"new":["1a. The reasons for using subcontractors","shall be set out in the procurement","documents; they should be based on","technical considerations and not be","designed to reduce labour costs."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"829","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-539","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:30"},"new":["The term of a framework agreement shall","not exceed four years, unless, due to the","specific nature of the subject of the","agreement, a longer term needs to be","established."],"old":["The term of a framework agreement shall","","","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"539","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-223","location":[[" Proposal for a directive","Recital 58"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["(58) Member States should designate a","single national authority in charge of","monitoring, implementation and control","of public procurement. Such a central","body should have first hand and timely","information particularly in relation to","different problems affecting the","implementation of public procurement","law. It should be able to provide","immediate feedback on the functioning of","the policy, the potential weaknesses in","national legislation and practice and","contribute to the quick identification of","solutions. In view of efficiently fighting","corrupion and fraud, this central body","and the general public should also have","the possibility to inspect the texts of","concluded contracts. High-value contracts","should hence be transmitted to the","oversight body with a possibility of","interested persons to have access to these","documents, to the extent that legitimate","public or private interests are not","jeopardized."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"223","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-540","justification":"The duration of framework agreements should be limited in order to enhance competition.\nHowever, given the fact that the current directives do not include any limitation, a period of\nfour years seems too short and would reduce incentives for tenderers, in particular SMEs, to\nparticipate in a public tender, as they would have to shoulder the administrative burden of re-\napplying for the tender after a short period of time.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:30"},"new":["The term of a framework agreement shall","not exceed six years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"540","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-830","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1 b (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:28"},"new":["1b. The reasons for the use of","subcontractors shall be set out in the","procurement documents, strictly","motivated by technical considerations and","not circumvent relevant legislation and","obligations which apply where the","provision of works, services and supplies","takes place;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"830","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-224","justification":"Simplification.","location":[["Proposal for a directive","Recital 59"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:29"},"new":["(59) Any stakeholder should be","empowered to signal violations of this","Directive to a competent authority or","Court. Member States should be able to","provide for recourse to monitoring","authorities, sectoral oversight bodies,","municipal, regional or national","competition or auditing authorities,","ombudsmen, and where these exist,","national oversight authorities."],"old":["(59) Not all contracting entities may have","the internal expertise to deal with","economically or technically complex","contracts. Against this background,","appropriate professional support would be","an effective complement to monitoring","and control activities. On the one hand,","this objective can be achieved by","knowledge sharing tools (knowledge","centres) offering technical assistance to","contracting entities; on the other hand,","business, not least SMEs, should benefit","from administrative assistance, in","particular when participating in","procurement procedures on a cross-","border basis."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"224","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-541","location":[["Proposal for a directive","Article 45 \u2013 paragraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["2. Contracts based on a framework","agreement shall be awarded in","accordance with the procedures laid down","in this paragraph and paragraphs 3 and","4.","","","Those procedures may be applied only","between those contracting entities clearly","identified for this purpose in the call for","competition, in the invitation to confirm","interest or, where a notice on the","existence of a qualification system is used","as a means of calling for competition, in","the invitation to tender and those","economic operators originally party to the","framework agreement.","Contracts based on a framework","agreement may under no circumstances","make substantial modifications to the","terms laid down in that framework","agreement, in particular in the case","referred to in paragraph 3.","Contracting entities shall not use","framework agreements improperly or in","such a way as to prevent, restrict or distort","competition."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"541","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-831","justification":" The relationship between a contractor and a subcontractor is a fundamental element of\n contract law. The proposal will lead to situations where subcontractor try to get directly paid\n by the contracting authority and may deprive the authority from her right to withhold\n payments from the contractor for valid contract performent reasons","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"831","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-542","justification":"The proposed provision mirrors the discipline of framework agreements provided for by the\nClassic Directive and shall be rejected, as it runs contrary to the rationale of the Utilities\nDirective, in so far as the latter aims at submitting procurement by entities operating in the\nsectors concerned to a specific regime, more flexible than the one provided for by the Classic\nDirective.","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 2"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["2. Contracts based on a framework","agreement shall be awarded in","accordance with the procedures laid down","in this paragraph and paragraphs 3 and","4.","Those procedures may be applied only","between those contracting entities clearly","identified for this purpose in the call for","competition, in the invitation to confirm","interest or, where a notice on the","existence of a qualification system is used","as a means of calling for competition, in","the invitation to tender and those","economic operators originally party to the","","framework agreement.","Contracts based on a framework","agreement may under no circumstances","make substantial modifications to the","terms laid down in that framework","agreement, in particular in the case","referred to in paragraph 3.","Contracting entities shall not use","framework agreements improperly or in","such a way as to prevent, restrict or distort","competition."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"542","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-225","justification":" This follows the Council's approach on the Governance chapter.","location":[["Proposal for a directive","Recital 60"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:29"},"new":["(60) Traceability and transparency of","decision-making in procurement","procedures is essential for ensuring sound","procedures, including effectively fighting","corruption and fraud. Contracting","authorities should keep copies of","concluded contracts for high-value","contracts to be able to provide access to","these documents to interested parties in","accordance with applicable rules on","access to documentation. Furthermore,","the essential elements and decisions of","individual procurement procedures should","be documented in a procurement report.","To limit administrative burdens, the","procurement report should refer to","information already contained in the","relevant contract award notices. The","electronic systems for publication of these","notices, managed by the Commission,","should also be improved in view of","facilitating data entry while making it","easier to extract reports and exchange","data between systems."],"old":["(60) Monitoring, oversight and support","structures or mechanisms exist already at","national level and can of course be used to","ensure monitoring, implementation and","control of public procurement and to","provide the required support to","","","contracting entities and economic","operators."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"225","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-832","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"832","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-543","location":[["Proposal for a directive","Article 45 \u2013 paragraph 2 \u2013 subparagraph 4"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:30"},"new":["Contracting entities shall not use","framework agreements improperly or in","such a way as to prevent, restrict or distort","competition, and must provide a","justification for the introduction into the","specifications of relevant clauses to","ensure that there is clarity regarding their","interpretation."],"old":["Contracting entities shall not use","framework agreements improperly or in","such a way as to prevent, restrict or distort","competition."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"543","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-226","justification":"Alternative proposals on governance.","location":[[" Proposal for a directive","Recital 61"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["(61) Effective cooperation is necessary to","ensure consistent advice and practice","within each Member State and across the","Union. Bodies designated for monitoring,","implementation, control and technical","assistance should be able to share","information and cooperate; in the same","context, the national authority designated","by each Member State should act as the","preferred contact point with the","Commission services for the purpose of","collecting data, exchanging information","","and monitoring the implementation of","Union public procurement law."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"226","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-833","justification":"Direct payment by Contracting authorities to subcontractors breaches the legal principle of\nthe freedom to contract and removes the leverage main suppliers have over their supply chain\nin terms of ensuring timely and quality delivery of the product or service outsourced to the\nsubcontractor.","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"833","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-544","justification":" The purpose of this revision was to simplify the procedure and create more legal clarity, the\n current provision is much simpler (see Article 14 of 2004/17/EC) and there was no reason\n provided to change it.","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["3. Where a framework agreement is","concluded with a single economic","operator, contracts based on that","agreement shall be awarded within the","limits of the terms laid down in the","framework agreement.","For the award of those contracts,","contracting entities may consult the","operator party to the framework","agreement in writing, requesting it to","supplement its tender as necessary."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"544","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-227","justification":"These articles cause unnecessary administrative burdens. It is up to the Member States to\norganise their interior administration. Member States can decide to create an over-sight body\n(article 84) without European regulation. Article 84 is contrary to the principle of\nsubsidiarity.","location":[["Proposal for a directive","Recital 61"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["(61) Effective cooperation is necessary to","ensure consistent advice and practice","within each Member State and across the","Union. Bodies designated for technical","assistance should be able to share","information and cooperate."],"old":["(61) Effective cooperation is necessary to","ensure consistent advice and practice","within each Member State and across the","Union. Bodies designated for monitoring,","implementation, control and technical","assistance should be able to share","information and cooperate; in the same","context, the national authority designated","by each Member State should act as the","preferred contact point with the","Commission services for the purpose of","collecting data, exchanging information","and monitoring the implementation of","Union public procurement law."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"227","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-834","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:28"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"834","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-545","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["3. Where a framework agreement is","concluded with a single economic","operator, contracts based on that","agreement shall be awarded within the","limits of the terms laid down in the","framework agreement.","For the award of those contracts,","contracting entities may consult the","operator party to the framework","","agreement in writing, requesting it to","supplement its tender as necessary."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"545","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-835","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:28"},"new":["2. Member States shall limit the possibility","for a tenderer to subcontract when","executing a public contract to a maximum","of three or less successive subcontractors.","Member States shall provide that at the","request of the subcontractor, and where the","nature of the contract so allows, the","contracting entity must transfer due","payments directly to the subcontractors 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 must be determined in the","procurement documents."],"old":["2. Member States may provide that, at the","request of the subcontractor and where the","nature of the contract so allows, the","contracting entity 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"835","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-228","location":[[" Proposal for a directive","Recital 61"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:29"},"new":["(61) Effective cooperation is necessary to","ensure consistent advice and practice","within each Member State and across the","Union. Bodies designated for monitoring,","implementation, control and technical","assistance should be able to share","information and cooperate."],"old":["(61) Effective cooperation is necessary to","ensure consistent advice and practice","within each Member State and across the","Union. Bodies designated for monitoring,","implementation, control and technical","assistance should be able to share","information and cooperate; in the same","context, the national authority designated","by each Member State should act as the","preferred contact point with the","Commission services for the purpose of","collecting data, exchanging information","and monitoring the implementation of","Union public procurement law."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"228","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-546","location":[["Proposal for a directive","Article 45 \u2013 paragraph 3"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["3. Where a framework agreement is","concluded with a single economic","operator, contracts based on that","agreement shall be awarded within the","limits of the terms laid down in the","framework agreement.","For the award of those contracts,","contracting entities may consult the","operator party to the framework","agreement in writing, requesting it to","supplement its tender as necessary."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"546","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-547","justification":" The purpose of this revision was to simplify the procedure and create more legal clarity, the\n current provision is much simpler (see Article 14 of 2004/17/EC) and there was no reason\n provided to change it.","location":[["Proposal for a directive","Article 45 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["4. Where a framework agreement is","concluded with more than one economic","operator, it may be performed in one of","the two following ways:","(a) following the terms and conditions of","the framework agreement, without","reopening competition, where it sets out","all the terms governing the provision of","","the works, services and supplies","concerned and the objective conditions for","determining which of the economic","operators, party to the framework","agreement, shall perform them; the latter","conditions shall be indicated in the","procurement documents;","(b) where not all the terms governing the","provision of the works, services and","supplies are laid down in the framework","agreement, through reopening","competition amongst the economic","operators parties to the framework","agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"547","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-229","location":[[" Proposal for a directive","Recital 62"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["(62) In order to adapt to rapid technical,","economic and regulatory developments, the","power to adopt acts in accordance with","Article 290 of the Treaty on the","Functioning of the European Union should","be delegated to the Commission in respect","of a number of non-essential elements of","this Directive. In fact, due to the need to","comply with international agreements, the","Commission should be empowered to","modify the technical procedures for the","calculation methods concerning thresholds","as well as to periodically revise the","thresholds themselves; references to the","CPV nomenclature may undergo","regulatory changes at EU level and it is","necessary to reflect those changes into the","text of this Directive; the technical details","and characteristics of the devices for","electronic receipt should be kept up to date","with technological developments and","administrative needs; it is also necessary to","empower the Commission to make","mandatory certain technical standards for","electronic communication to ensure the","interoperability of technical formats,","processes and messaging in procurement","procedures conducted using electronic","means of communication taking into","account technological developments and","administrative needs; the list of legislative","acts of the Union establishing common","methodologies for the calculation of life-","cycle costs, referred to in article 77(3); the","list of International Social and","Environmental Conventions referred to in","Articles 70 And 79 and the list of Union","legislation referred to in article 27(3)","whose implementation creates a","presumption of free access to a given","market as well as Annex II, referred to in","Article 4(4), setting out a list of legislative","acts to be taken into account when","assessing the existence of special or","exclusive rights should be quickly adapted","to incorporate the measures adopted on a","sectoral basis. In order to satisfy this need,","the Commission should be empowered to","keep the lists up-to date."],"old":["(62) In order to adapt to rapid technical,","economic and regulatory developments, the","power to adopt acts in accordance with","Article 290 of the Treaty on the","Functioning of the European Union should","be delegated to the Commission in respect","of a number of non-essential elements of","this Directive. In fact, due to the need to","comply with international agreements, the","Commission should be empowered to","modify the technical procedures for the","calculation methods concerning thresholds","as well as to periodically revise the","thresholds themselves; references to the","CPV nomenclature may undergo","","regulatory changes at EU level and it is","necessary to reflect those changes into the","text of this Directive; the technical details","and characteristics of the devices for","electronic receipt should be kept up to date","with technological developments and","administrative needs; it is also necessary to","empower the Commission to make","mandatory certain technical standards for","electronic communication to ensure the","interoperability of technical formats,","processes and messaging in procurement","procedures conducted using electronic","means of communication taking into","account technological developments and","administrative needs; the Commission","should also be empowered to adapt the","mandatory content of the information to","be included in notices to reflect","administrative needs and regulatory","changes at both national and EU level;","the list of legislative acts of the Union","establishing common methodologies for","the calculation of life-cycle costs, referred","to in article 77(3); the list of International","Social and Environmental Conventions","referred to in Articles 70 And 79 and the","list of Union legislation referred to in","article 27(3) whose implementation creates","a presumption of free access to a given","market as well as Annex II, referred to in","Article 4(4), setting out a list of legislative","acts to be taken into account when","assessing the existence of special or","exclusive rights should be quickly adapted","to incorporate the measures adopted on a","sectoral basis. In order to satisfy this need,","the Commission should be empowered to","keep the lists up-to date."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"229","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-836","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:28"},"new":["2. Member States shall provide that, at the","request of the subcontractor, with the","consent of the main contractor and where","the nature of the contract so allows, the","contracting entity 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."],"old":["2. Member States may provide that, at the","request of the subcontractor and where the","nature of the contract so allows, the","contracting entity 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."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"836","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-230","location":[[" Proposal for a directive","Recital 63"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:29"},"new":["(63) It is of particular importance that the","Commission carries out appropriate","consultations with all stakeholders,","including SME-, environmental-, and","consumer organisations and trade unions.","When preparing and drawing up delegated","acts, the Commission should ensure","simultaneous, timely and appropriate","transmission of relevant documents to the","European Parliament and the Council."],"old":["(63) It is of particular importance that the","Commission carry out appropriate","consultations during its preparatory work,","including at expert level. When preparing","and drawing up delegated acts, the","Commission should ensure simultaneous,","timely and appropriate transmission of","relevant documents to the European","Parliament and the Council."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"230","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-548","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 4"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["4. Where a framework agreement is","concluded with more than one economic","operator, it may be performed in one of","the two following ways:","(a) following the terms and conditions of","the framework agreement, without","reopening competition, where it sets out","all the terms governing the provision of","the works, services and supplies","concerned and the objective conditions for","determining which of the economic","operators, party to the framework","agreement, shall perform them; the latter","","","conditions shall be indicated in the","procurement documents;","(b) where not all the terms governing the","provision of the works, services and","supplies are laid down in the framework","agreement, through reopening","competition amongst the economic","operators parties to the framework","agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"548","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-837","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:28"},"new":["2. Member States shall 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."],"old":["2. Member States may provide that, at the","request of the subcontractor and where the","nature of the contract so allows, the","contracting entity 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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"837","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-549","location":[["Proposal for a directive","Article 45 \u2013 paragraph 4"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["4. Where a framework agreement is","concluded with more than one economic","operator, it may be performed in one of","the two following ways:","(a) following the terms and conditions of","the framework agreement, without","reopening competition, where it sets out","all the terms governing the provision of","the works, services and supplies","concerned and the objective conditions for","determining which of the economic","operators, party to the framework","agreement, shall perform them; the latter","conditions shall be indicated in the","procurement documents;","(b) where not all the terms governing the","provision of the works, services and","supplies are laid down in the framework","agreement, through reopening","competition amongst the economic","operators parties to the framework","agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"549","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-838","justification":" Contracting authorities should have more possibilities to exert influence on subcontracting by\n the successful tenderer. In particular they should be empowered to verify the suitability and\n qualification of proposed subcontractors. All requirements to that effect shall be in\n conformity with the principle of proportionality.","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2 a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["2a. Member States may decide that the","contracting entity may exclude a","subcontractor indicated by the tender if:","(i) the subcontractor does not fulfil","criteria for selection envisaged for a","tender","(ii)the subcontractor is not capable to","properly fulfil its part of the contract","Terms of participation in a procedure and","capacity of a subcontractor to properly","fulfil its part of the contract are assessed","proportionally to the part of the contract","awarded to the subcontractor, on the basis","of contract award criteria indicated in","Article 76."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"838","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-231","location":[[" Proposal for a directive","Recital 64"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["(64) In order to ensure uniform conditions","for the implementation of this Directive, as","for the procedure for sending and","publishing data referred to in Annex IX","and the procedures for drawing up and","transmitting notices, the standard forms for","the publication of notices as well as of","process and messaging standards,","implementing powers should be conferred","on the Commission. Those powers should","be exercised in accordance with Regulation","(EU) No. 182/2011 of the European","Parliament and of the Council of 16","February 2011 laying down the rules and","general principles concerning mechanisms","for control by the Member States of the","Commission's exercise of implementing","powers35 . The advisory procedure should","be used for the adoption of those","implementing acts, which do not have any","impact either from the financial point of","views or on the nature and scope of","obligations stemming from this Directive.","On the contrary, those acts are","characterised by a mere administrative","purpose and serve to facilitate the","application of the rules set by this","Directive. Furthermore, decisions to","establish whether a given activity is","directly exposed to competition on markets","to which access is free should be adopted","under conditions ensuring uniform","conditions for implementing that provision.","Implementing powers should therefore be","conferred on the Commission also in","respect of the detailed provisions for the","implementation of the procedure, provided","for under Article 28, for establishing","whether Article 27 is applicable as well as","the Decisions themselves. Those powers","should be exercised in accordance with","Regulation (EU) 182/2011 of the European","Parliament and of the Council of 16","February 2011 laying down the rules and","general principles concerning mechanisms","for control by the Member States of the","Commission's exercise of implementing","powers. The advisory procedure should be","used for the adoption of those","implementing acts."],"old":["(64) In order to ensure uniform conditions","for the implementation of this Directive, as","for the procedure for sending and","publishing data referred to in Annex IX","and the procedures for drawing up and","transmitting notices, the standard forms for","the publication of notices as well as of","process and messaging standards and the","common template to be used by the","oversight bodies for drawing up the","implementation and statistical report,","implementing powers should be conferred","on the Commission. Those powers should","be exercised in accordance with Regulation","(EU) No. 182/2011 of the European","Parliament and of the Council of 16","February 2011 laying down the rules and","general principles concerning mechanisms","for control by the Member States of the","Commission's exercise of implementing","","powers35. The advisory procedure should","be used for the adoption of those","implementing acts, which do not have any","impact either from the financial point of","views or on the nature and scope of","obligations stemming from this Directive.","On the contrary, those acts are","characterised by a mere administrative","purpose and serve to facilitate the","application of the rules set by this","Directive. Furthermore, decisions to","establish whether a given activity is","directly exposed to competition on markets","to which access is free should be adopted","under conditions ensuring uniform","conditions for implementing that provision.","Implementing powers should therefore be","conferred on the Commission also in","respect of the detailed provisions for the","implementation of the procedure, provided","for under Article 28, for establishing","whether Article 27 is applicable as well as","the Decisions themselves. Those powers","should be exercised in accordance with","Regulation (EU) 182/2011 of the European","Parliament and of the Council of 16","February 2011 laying down the rules and","general principles concerning mechanisms","for control by the Member States of the","Commission's exercise of implementing","powers. The advisory procedure should be","used for the adoption of those","implementing acts."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"231","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-550","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 5"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["5. The competition referred to in","paragraph (4)(b) shall be based on the","same terms as applied for the award of the","framework agreement and, where","necessary, more precisely formulated","terms, and, where appropriate, other","terms referred to in the specifications of","the framework agreement, in accordance","with the following procedure:","(a) for every contract to be awarded,","contracting entities shall consult in","writing the economic operators capable of","performing the contract;","(b) contracting entities shall fix a time","limit which is sufficiently long to allow","tenders for each specific contract to be","submitted, taking into account factors","such as the complexity of the subject-","matter of the contract and the time needed","to send in tenders;","(c) tenders shall be submitted in writing,","and their content shall not be opened until","the stipulated time limit for reply has","expired;","(d) contracting entities shall award each","contract to the tenderer that has submitted","the best tender on the basis of the award","criteria set out in the specifications of the","framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"550","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-839","justification":"This is unclear as to what it refers to.","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"839","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-551","location":[["Proposal for a directive","Article 45 \u2013 paragraph 5"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["5. The competition referred to in","paragraph (4)(b) shall be based on the","same terms as applied for the award of the","framework agreement and, where","necessary, more precisely formulated","terms, and, where appropriate, other","terms referred to in the specifications of","the framework agreement, in accordance","with the following procedure:","(a) for every contract to be awarded,","contracting entities shall consult in","writing the economic operators capable of","performing the contract;","(b) contracting entities shall fix a time","limit which is sufficiently long to allow","tenders for each specific contract to be","submitted, taking into account factors","such as the complexity of the subject-","matter of the contract and the time needed","to send in tenders;","(c) tenders shall be submitted in writing,","and their content shall not be opened until","the stipulated time limit for reply has","expired;","(d) contracting entities shall award each","contract to the tenderer that has submitted","the best tender on the basis of the award","criteria set out in the specifications of the","framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"551","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-232","justification":" The Procurement Directive does only apply to \u2018procurements\u2019 including lease and hire\n activities. According to the ruling of the European Court (ECJ) works, supplies or services\n that are not intended for a public purpose and are not in the direct benefit of the contracting\n authority are not subject to procurement law (C-451/08).","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. Procurement within the meaning of this","Directive is the purchase of works, supplies","or services via public contracts by one or","more contracting entities from economic","operators chosen by those contracting","entities, provided that the works, supplies","or services are intended for the pursuit of","one of the activities referred to in Articles","5 to 11. This directive does thus not cover","procurement which is not connected to","utility activities."],"old":["2. Procurement within the meaning of this","Directive is the purchase or other forms of","","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"232","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-840","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. Paragraph 1 shall be without prejudice","to the question of the principal economic","operator's liability."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"840","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-552","location":[["Proposal for a directive","Article 45 \u2013 paragraph 5"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["5. The competition referred to in","paragraph (4)(b) shall be based on the","same terms as applied for the award of the","framework agreement and, where","necessary, more precisely formulated","terms, and, where appropriate, other","terms referred to in the specifications of","the framework agreement, in accordance","with the following procedure:","(a) for every contract to be awarded,","contracting entities shall consult in","writing the economic operators capable of","performing the contract;","(b) contracting entities shall fix a time","limit which is sufficiently long to allow","tenders for each specific contract to be","submitted, taking into account factors","such as the complexity of the subject-","matter of the contract and the time needed","to send in tenders;","(c) tenders shall be submitted in writing,","and their content shall not be opened until","the stipulated time limit for reply has","expired;","(d) contracting entities shall award each","contract to the tenderer that has submitted","the best tender on the basis of the award","criteria set out in the specifications of the","framework agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"552","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-553","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 5 \u2013 point b"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:31"},"new":["(b) contracting entities shall fix a time limit","which is sufficiently long to allow tenders","for each specific contract to be submitted,","taking into account factors such as the","complexity of the subject-matter of the","contract and the time needed to send in","tenders. If tenderers are required to attend","site visits before being able to submit a","tender, the time limit shall be greater than","15 working days."],"old":["(b) contracting entities shall fix a time limit","","which is sufficiently long to allow tenders","for each specific contract to be submitted,","taking into account factors such as the","complexity of the subject-matter of the","contract and the time needed to send in","tenders;"],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"553","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-233","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. Procurement within the meaning of this","Directive is the purchase of works, supplies","or services in the context of public","procurement by one or more contracting","entities from economic operators chosen by","those contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"old":["2. Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"233","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-841","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. The main contractor and any","intermediate subcontractor may, in","addition to or in place of a subcontractor,","be held directly liable as a guarantor by","the employee and/or common funds or","institutions of social partners for any","liability which arises from the failure by a","subcontractor to comply with provisions","relating to social and employment","conditions, such as health and safety at","the workplace, social security and","working conditions, as laid down in EU","and national laws, regulations or","administrative provisions, arbitration","rulings, collective agreements and","contracts and the international labour law","provisions listed in Annex XIV, which","apply in the place where the work, service","or supply is performed; these obligations","shall also apply in cross-border situations,","where workers from one Member State","provide services in another Member State.","This provision shall apply without being","subject to any further conditions, and in","particular without the employer being","directly at fault."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability.",""],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"841","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-554","location":[["Proposal for a directive","Article 45 \u2013 paragraph 5 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:31"},"new":["5 a. Contracting entities have the","possibility to add new economic operators","to the framework agreement during the","term of the contract, provided that these","economic operators meet all the criteria","set in this article, and did not exist yet at","the time of the conclusion of the","agreement.","Contracting entities have the possibility to","remove economic operators from the","framework agreement during the term of","the contract, where the economic operator","has shown significant or persistent","deficiencies in the performance of any","substantive requirement under the","agreement."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"554","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-234","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. Procurement within the meaning of this","Directive is the purchase of works, supplies","or services via public contracts by one or","more contracting entities from economic","operators chosen by those contracting","entities, provided that the works, supplies","or services are intended for the pursuit of","one of the activities referred to in Articles","5 to 11.","Procurement within the meaning of this","Directive is the acquisition of works,","supplies or services by means of public","contracts by one or more contracting","entities from economic operators chosen","by those contracting entities."],"old":["2. Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"234","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-842","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. Paragraph 1 shall be without prejudice","to the question of the principal economic","operator's liability."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"842","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-555","location":[[" Proposal for a directive","Article 46 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:36:31"},"new":["1. For commonly used purchases the","characteristics of which, as generally","available on the market and at a more or","less standardised quality, meet the","requirements of the contracting entities,","contracting entities may use a dynamic","purchasing system. This system cannot be","used for the purchase of services and","complex or non standardised products.","The dynamic purchasing system shall be","operated as a completely electronic","process, open throughout its validity to any","economic operator that satisfies the","selection criteria."],"old":["1. For commonly used purchases, the","characteristics of which, as generally","available on the market, meet the","requirements of the contracting entities,","they may use a dynamic purchasing","system. The dynamic purchasing system","shall be operated as a completely electronic","process, open throughout its validity to any","economic operator that satisfies the","selection criteria."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"555","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-235","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:30"},"new":["2. Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","within the meaning of this Directive 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."],"old":["2. Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"235","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-843","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. Paragraph 1 shall be without prejudice","to the question of the principal economic","operator\u2019s liability."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator\u2019s liability."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"843","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-844","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. The reasons for using subcontractors","must be set out in the contract documents","and strictly justified by technical","considerations. Subcontracting may not","be used to circumvent the relevant","legislation and the obligations relating to","the supply of works, services and supplies.","Paragraphs 1 and 2 shall be without","prejudice to the liability of the project","manager and subcontractors.","Member States must provide for a system","of joint and several liability in the sub-","contracting chain."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator\u2019s liability."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"844","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-556","location":[[" Proposal for a directive","Article 46 \u2013 paragraph 6 \u2013 introductory part"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:31"},"new":["6. Contracting entities shall indicate the","duration of the dynamic purchasing system","in the call for competition."],"old":["6. Contracting entities shall indicate the","duration of the dynamic purchasing system","in the call for competition. They shall","notify the Commission of any change in","duration, using the following standard","forms:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"556","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-236","justification":" This notion is too general and too vague.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"236","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati, Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-845","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96915,96757],"meta":{"created":"2019-07-03T05:36:29"},"new":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the main","contractor's and subcontractors' liability.","Member States shall provide for a system","of joint and several liability down the sub-","contracting chain.","The principal economic operator and any","subcontractor involved in doing work on a","public contract shall be jointly and","severally liable for any liability which","arises from the failure by a subcontractor","to comply with provisions relating to","fundamental rights, health and safety","requirements, social rules and standards,","employment and working conditions,","health and safety at workplace and social","security, as set out by EU and national","laws, regulations or administrative","provisions, collective agreement and","contracts, and international labour law","provisions listed in Annex XIV, that apply","in the place where the work, service or","supply is performed.","Member States may provide for more","stringent liability rules under national","law."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","","economic operator's liability."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"845","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-557","location":[[" Proposal for a directive","Article 46 \u2013 paragraph 6 \u2013 point a"]],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(a) where the duration is changed without","terminating the system, the form used","initially for the call for competition for the","dynamic purchasing system;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"557","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-237","justification":" This notion is too general and too vague.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"237","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-846","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3 a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:29"},"new":["3a. A maximum of three undertakings","may be involved successively in the","performance of a public contract as","subcontractors."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"846","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-558","location":[["Proposal for a directive","Article 46 \u2013 paragraph 6 \u2013 point b"]],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["(b) where the system is terminated, a","contract award notice referred to in","Article 64."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"558","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-238","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"238","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-559","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["Only for standardised services and","supplies contracting entities may use","electronic auctions in which new prices,","revised downwards, and/or new values","concerning certain elements of tenders are","presented."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"559","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-847","justification":"This proposal seeks to take into account the rapporteur's concerns over applicable laws\naffecting the main contractor's obligations and those obligations throughout the supply chain,\nwhile ensuring these new rules remain compatible with the basic principles of freedom to\ncontract, and are not misused.","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3 a (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:29"},"new":["3a. Contracting entities shall ensure that","successful tenderers are contractually","obliged to comply in the course of","performance of the contract with","mandatory legal, regulatory or","administrative provisions in force in the","Member State of contract performance.","Furthermore, where the successful","tenderer subcontracts a part of the works,","supplies or services, and where, in the","course of performance of the contract, the","provisions referred to in the first","subparagraph have been breached by any","subcontractor as established by a Court or","other competent authority, the successful","tenderer shall take effective, proportionate","and dissuasive contractual sanctions","against the subcontractor(s) concerned;","Where the successful tenderer has failed","to comply with the obligations set out in","the first and/or second subparagraphs","within three months of the initial ruling of","the Court or other competent authority,","the contracting entity shall refer the","matter to the Court or other competent","authority for a decision on appropriate","sanctions."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"847","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-239","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"239","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel, Birgit Collin-Langen, Sabine Verheyen, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-560","justification":" Electronic auctions may be effective where fully standardised supplies and services are\n involved, but they are as a rule unsuitable, or even counterproductive, in cases where\n complex award procedures are being conducted. They are inherently unsuitable in the\n context of procedures for the award of works contracts.","location":[[" Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28223,96876,112788,96756,96873],"meta":{"created":"2019-07-03T05:36:32"},"new":["Where fully standardised supplies and","services are involved, contracting entities","may use electronic auctions in which new","prices, revised downwards, and/or new","values concerning certain elements of","tenders are presented."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"560","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-848","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3 a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:29"},"new":["3a. The main economic operator and any","subcontractor involved in carrying out","works in a public contract shall be jointly","and severally liable for non-compliance","by the subcontractor in relation to","fundamental rights, health and safety","requirements, social welfare rules and","standards, requirements associated with","employment and working conditions,","health and safety in the workplace and","social security, as well as failure to","comply with any relevant provision of","European Union law, any national","legislative, administrative or regulatory","provision, collective agreements and","contracts and the international","conventions listed in Annex XIV that","apply in the place where the work or","service is carried out or supplies are","provided.","These obligations shall also apply in","cross-border situations, where workers","from one Member State provide services","in another Member State.","The contracting entity in its contract with","the main contractor, and the main","contractor and any intermediate","subcontractor in their contracts with their","subcontractors, shall stipulate that in the","event that they have reasons to believe","that their immediate subcontractor has","violated the rules referred to in the first","subparagraph, the immediate","subcontractor must take immediate action","to remedy the situation, and that, failing","this, the contract concerned shall be","terminated.","The Member States may provide for","stricter liability rules under their national","law."],"old":[""],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"848","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-561","location":[[" Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:32"},"new":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented.","Electronic auctions can only be used for","commonly used purchases of goods that","are generally available on the market at a","more or less standardised quality. They","cannot be used for the purchase of","services or complex or non standardised","products."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"561","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-240","justification":" The wording of the Commission proposal which aims at preventing the circumvention of EU\n procurement rules through the artificial splitting up of contracts is too far reaching, for\n instance in case of construction and architectural planning. Therefore, the proposed wording\n is based on paragraph 41 of the recent ECJ ruling C-574/10.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:30"},"new":["An entirety of works, supplies 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."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"240","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-849","location":[["Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. A modification of a contract during its","term shall be considered substantial within","the meaning of paragraph 1, where it","renders the contract substantially different","from the one initially concluded. Without","prejudice to paragraph 3 and 4, a","modification shall be considered","substantial where one of the following","conditions is met:"],"old":["2. A modification of a contract during its","term shall be considered substantial within","the meaning of paragraph 1, where it","renders the contract substantially different","from the one initially concluded. In any","case, without prejudice to paragraph 3 and","4, a modification shall be considered","substantial where one of the following","conditions is met:"],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"849","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-562","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:32"},"new":["Contracting entities may use electronic","auctions solely for the purchase of","standardised goods, in which new prices,","revised downwards, and/or new values","concerning certain elements of tenders are","presented."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"562","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-241","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:30"},"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."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"241","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-850","location":[["Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. In any case, without prejudice to","paragraph 3 and 4, a modification shall be","considered substantial where one of the","following conditions is met:"],"old":["2. A modification of a contract during its","term shall be considered substantial","within the meaning of paragraph 1, where","it renders the contract substantially","different from the one initially concluded.","In any case, without prejudice to paragraph","3 and 4, a modification shall be considered","substantial where one of the following","conditions is met:"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"850","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-563","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:32"},"new":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented.","The use of electronic auctions shall be","restricted to procurement procedures for","fully standardised supplies and services."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"563","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-242","location":[[" Proposal for a directive","Article 1 a (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:30"},"new":["Article 1a","This Directive shall not affect labour law,","that is any legal or contractual provision","concerning employment conditions,","working conditions, including health and","safety at the workplace and relations","between employers and employees which","Member States apply in accordance with","national law and in a manner consistent","with Union law. This Directive shall","likewise not affect Member States\u2019 social","security laws."],"old":[""],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"242","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-851","justification":" The provisions concerning the modification of current contracts need to be supplemented\n (altering the nature of the contract is always a substantial modification) and clarified (the\n current paragraph 3 has been incorporated into paragraph 2 in the interests of simplification,\n given that it also concerns a substantial modification).","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 introductory part and (-a) and (-aa) (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:29"},"new":["2. A modification of a contract during its","term shall be considered substantial within","the meaning of paragraph 1, where it","renders the contract substantially different","from the one initially concluded. In any","case, without prejudice to paragraph 3 and","4, a modification shall be considered","substantial where one of the following","conditions is met:","(-a) the modification changes the nature","of the contract;","(-aa) the modification entails the","replacement of the contractual partner;"],"old":["2. A modification of a contract during its","term shall be considered substantial within","the meaning of paragraph 1, where it","renders the contract substantially different","from the one initially concluded. In any","case, without prejudice to paragraph 3 and","4, a modification shall be considered","substantial where one of the following","conditions is met:"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"851","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-564","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 2 a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:32"},"new":["This article does not apply to public works","contracts."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"564","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-243","location":[["Proposal for a directive","Article 1 b (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:30"},"new":["Article 1b","This Directive shall not affect the exercise","of fundamental rights as recognised in the","Member States and by Union law. It shall","likewise not affect the right to negotiate,","conclude and enforce collective","agreements and to take industrial action,","in accordance with national law and","practices which are consistent with Union","law."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"243","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-852","justification":"Reorganisation of the article (see the amendment to Article 82, paragraph 2).","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["(a) the modification introduces conditions","which, had they been part of the initial","procurement procedure, would have","allowed for the selection of other","","candidates than those initially selected or","would have allowed for awarding the","contract to another tenderer;"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"852","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-565","location":[[" Proposal for a directive","Article 47 \u2013 paragraph 6 \u2013 subparagraph 1"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:32"},"new":["The invitation shall be accompanied by the","outcome of a full evaluation of the relevant","tender carried out in accordance with the","weighting provided for in the first","subparagraph of Article 76(5)."],"old":["Where the contract is to be awarded on","the basis of the most economically","advantageous tender, the invitation shall","be accompanied by the outcome of a full","evaluation of the relevant tender carried","out in accordance with the weighting","provided for in the first subparagraph of","Article 76(5)."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"565","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-244","location":[["Proposal for a directive","Article 1 c (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:30"},"new":["Article 1c","This Directive shall not affect the freedom","of Member States to define, in conformity","with Union law, what they consider to be","services of general economic interest, how","those services should be organised and","financed, in compliance with State aid","rules, and what specific obligations they","should be subject to."],"old":[""],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"244","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-853","justification":"Reorganisation of the article (see the amendment to Article 82, paragraph 2).","location":[["Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point b"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:29"},"new":["deleted"],"old":["(b) the modification changes the","economic balance of the contract in","favour of the contractor;"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"853","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-566","location":[[" Proposal for a directive","Article 48 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:32"},"new":["Member States may provide for the use of","electronic catalogues in connection with","service and supply contracts. This article","does not apply to public works contracts."],"old":["Member States may render the use of","electronic catalogues mandatory in","connection with certain types of","procurement."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"566","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-245","location":[[" Proposal for a directive","Article 2 \u2013 point 4 \u2013 introductory part"]],"meps":[4538,96704,23788],"meta":{"created":"2019-07-03T05:36:30"},"new":["(4) a 'body governed by public law' means","an entity:"],"old":["(4) a \u2018body governed by public law\u2019 means","any body that has all of the following","characteristics:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"245","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-854","location":[["Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point b"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:29"},"new":["(b) the modification changes the economic","balance of the contract in favour of the","contractor, as defined when the contract is","awarded;"],"old":["(b) the modification changes the economic","balance of the contract in favour of the","contractor;"],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"854","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, Rafa\u0142 Trzaskowski, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-567","justification":"Member States should have a possibility to allow contracting entities use services of central\npurchasing body, but they should not be obligated to do so. Central purchasing is one of the\nprocurement methods that leads to aggregation of demand which could be unfavourable for\nSMEs. Thus, Member States should be allowed to decide whether to develop centralised\nprocurement methods or not, depending on their national policy.","location":[["Proposal for a directive","Article 49 \u2013 paragraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:32"},"new":["1. Member States may stipulate that","contracting entities may purchase works,","supplies and/or services from or through a","central purchasing body."],"old":["1. Contracting entities may purchase","works, supplies and/or services from or","through a central purchasing body."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"567","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-246","justification":"Going back to the current definition from Directive 2004/17/EC, Article 2.1 (a) this definition\nis approved and will avoid legal uncertainty","location":[[" Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"246","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, Rafa\u0142 Trzaskowski, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-568","justification":"Member States should have a possibility to allow contracting authorities use services of\ncentral purchasing body established in another Member State, but they should not be\nobligated to do so. In some Member States option provided for in art. 35.2 of the\n\n Commission\u2019s proposal may cause problems in national legislation (i.e. it could not be\n possible for contracting authorities to be subject of legal provisions of other Member State, in\n particular with regard to regulations governing review procedures).","location":[["Proposal for a directive","Article 49 \u2013 paragraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["2. Member States may also provide for the","possibility for contracting authorities to","have recourse to centralised purchasing","activities offered by central purchasing","bodies established in another Member","State."],"old":["2. Member States shall provide for the","possibility for contracting entities to have","recourse to centralised purchasing","activities offered by central purchasing","bodies established in another Member","State."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"568","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-855","justification":" Reorganisation of the article (see the amendment to Article 82, paragraph 2).","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point c"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["(c) the modification extends the scope of","the contract considerably to encompass","supplies, services or works not initially","covered."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"855","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-247","justification":"Clarification and simplification of the definition of BGPL.","location":[["Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[4538,96704,23788],"meta":{"created":"2019-07-03T05:36:30"},"new":["(a) established for, or which has the","specific purpose of, meeting needs in the","general interest and does not have an","industrial or commercial character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"247","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-569","location":[[" Proposal for a directive","Article 50"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["Article 50","Ancillary purchasing activities","The providers of ancillary purchasing","activities shall be chosen in accordance","with the procurement procedures set out","in this Directive."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"569","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-856","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point c"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:30"},"new":["(c) the modification extends the scope of","the contract considerably to encompass","supplies, services or works not initially","covered. However, the contract may also","be extended, if an appropriate technical","justification is provided beforehand, to","cover supplies, services or works","intimately linked to its original object."],"old":["(c) the modification extends the scope of","the contract considerably to encompass","supplies, services or works not initially","covered."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"856","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-248","justification":" The current wording of the provision leads to legal uncertainty as it refers to notions that are\n vaguely mentioned and could trigger divergent interpretations and extensive litigation. The\n proposed amendment uses instead the definition of economic activities provided by the\n Commission in its Communication on the application of the European Union State aid rules\n to compensation granted for the provision of services of general economic interest (OJ C 8,\n 11.1.2012, p. 4), in line with the established case law of the European Court of Justice.","location":[["Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:30"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions and engages in economic","activities by offering goods and services","on the market, aims to make a profit, and","bears the losses resulting from the exercise","of its activity does not have the purpose of","meeting needs in the general interest, not","having an industrial or commercial","character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and bears","the losses resulting from the exercise of its","activity does not have the purpose of","meeting needs in the general interest, not","having an industrial or commercial","character;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"248","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-570","location":[[" Proposal for a directive","Article 51 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["1. Two or more contracting entities may","agree to perform certain specific","procurements jointly."],"old":["1. One or more contracting entities may","agree to perform certain specific","procurements jointly."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"570","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-857","location":[["Proposal for a directive","Article 82 \u2013 paragraph 2 \u2013 point c"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:30"},"new":["(c) the modification extends the purpose of","the contract considerably to encompass","supplies, services or works not initially","covered."],"old":["(c) the modification extends the scope of","the contract considerably to encompass","supplies, services or works not initially","covered."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"857","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-249","justification":"The current wording of the provision leads to legal uncertainty as it refers to notions that are\nvaguely mentioned and could trigger divergent interpretations and extensive litigation.The\nproposed amendment uses instead the definition of economic activities provided by the\nCommission in its Communication on the application of the European Union State aid rules\nto compensation granted for the provision of services of general economic interest (OJ C 8,\n11.1.2012, p. 4), in line with the established case law of the European Court of Justice.","location":[[" Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:30"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, and engages in economic","activities by offering goods and services","on the market does not have the purpose of","meeting needs in the general interest, not","having an industrial or commercial","character"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"249","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-571","location":[[" Proposal for a directive","Article 51 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["Where the conduct of a procurement","procedure in its entirety is carried out","jointly by the contracting entities","concerned, they shall be jointly","responsible for fulfilling the obligations","pursuant to this Directive. Contracting","entities shall be deemed to conduct an","award procedure jointly where one","contracting entity manages the procedure","on both its own behalf and on that of the","other contracting entities concerned."],"old":["Where one contracting entity alone","conducts the procurement procedures","concerned in all its stages from the","publication of the call for competition to","the end of the performance of the ensuing","contract or contracts, that contracting","entity shall have sole responsibility for","fulfilling the obligations pursuant to this","Directive."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"571","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-858","justification":"Reorganisation of the article (see the amendment to Article 82, paragraph 2).","location":[["Proposal for a directive","Article 82 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:30"},"new":["deleted"],"old":["3. The replacement of the contractual","partner shall be considered a substantial","modification within the meaning of","paragraph 1."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"858","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-859","justification":" Documents attesting to the non-substantial nature of the modification caused by a change of\n contractual partner should also cover the transfer of capital or assets between undertakings.","location":[["Proposal for a directive","Article 82 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:30"},"new":["Paragraph 2(-aa) shall not apply in the","event of universal or partial succession into","the position of the initial contractor,","following corporate restructuring","operations, transfer of capital or assets","between undertakings or the taking-over","of a contractual partner following","insolvency, of another economic operator","that fulfils the criteria for qualitative","selection initially established provided that","this does not entail other substantial","modifications to the contract and is not","aimed at circumventing the application of","this Directive."],"old":["However, the first subparagraph shall not","apply in the event of universal or partial","succession into the position of the initial","contractor, following corporate","restructuring operations or insolvency, of","","another economic operator that fulfils the","criteria for qualitative selection initially","established provided that this does not","entail other substantial modifications to the","contract and is not aimed at circumventing","the application of this Directive."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"859","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-572","location":[["Proposal for a directive","Article 51 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["However, where the conduct of the","procurement procedures is not in its","entirety carried out jointly by the","contracting entities concerned, each shall","be responsible for fulfilling its obligations","pursuant to this Directive in respect of the","stages it conducts."],"old":["However, where the conduct of the","procurement procedures and the","performance of the ensuing contracts is","carried out by more than one of the","participating contracting entities, each","shall continue to be responsible for","fulfilling its obligations pursuant to this","Directive in respect of the stages it","conducts."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"572","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-250","location":[["Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:30"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions and involves itself in economic","activity, providing goods and services on","the market, does not have the purpose of","meeting needs in the general interest, not","having an industrial or commercial","character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"250","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-860","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["However, the first subparagraph shall not","apply in the event of universal or partial","succession into the position of the initial","contractor, following corporate","restructuring operations or insolvency, of","another economic operator that fulfils the","criteria for qualitative selection initially","established provided that this does not","entail other substantial modifications to the","contract and is not aimed at circumventing","the application of this Directive or in case","of the take-over of the main contractors'","signatory status by the contracting","authority accordingly to the Member State","provisions in line with Article 81."],"old":["However, the first subparagraph shall not","apply in the event of universal or partial","succession into the position of the initial","contractor, following corporate","restructuring operations or insolvency, of","another economic operator that fulfils the","criteria for qualitative selection initially","established provided that this does not","entail other substantial modifications to the","contract and is not aimed at circumventing","the application of this Directive."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"860","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-251","justification":" The current wording of the provision leads to legal uncertainty as it refers to notions that are\n vaguely mentioned and could trigger divergent interpretations and extensive litigation.The\n proposed amendment uses instead the definition of economic activities provided by the\n Commission in its Communication on the application of the European Union State aid rules\n to compensation granted for the provision of services of general economic interest (OJ C 8,\n 11.1.2012, p. 4), in line with the established case law of the European Court of Justice.","location":[["Proposal for a directive","Article 2 \u2013 point 4 \u2013 point a"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:31"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, and engages in economic","activities by offering goods and services","on the market does not have the purpose of","meeting needs in the general interest, not","having an industrial or commercial","character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","","","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"251","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-573","location":[["Proposal for a directive","Article 51 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:33"},"new":["However, where the conduct of the","procurement procedures and the","performance of the ensuing contracts is","carried out by more than one of the","participating contracting entities, each shall","continue to be responsible for fulfilling its","obligations pursuant to this Directive in","respect of the stages it conducts. The","Member States shall, in accordance with","their own national law and in compliance","with Community law, lay down the","conditions governing the implementation","of this article."],"old":["However, where the conduct of the","procurement procedures and the","performance of the ensuing contracts is","carried out by more than one of the","participating contracting entities, each shall","continue to be responsible for fulfilling its","obligations pursuant to this Directive in","respect of the stages it conducts."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"573","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-252","location":[[" Proposal for a directive","Article 2 \u2013 point 4 \u2013 point b"]],"meps":[4538,96704,23788],"meta":{"created":"2019-07-03T05:36:31"},"new":["(b) having legal personality;"],"old":["(b) it has legal personality;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"252","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-861","location":[["Proposal for a directive","Article 82 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:30"},"new":["However, the first subparagraph shall not","apply in the event of universal or partial","succession into the position of the initial","contractor, following corporate","restructuring operations, as a result of a","contract clause, or insolvency of another","economic operator that fulfils the criteria","for qualitative selection initially","established provided that this does not","entail other substantial modifications to the","contract and is not aimed at circumventing","the application of this Directive."],"old":["However, the first subparagraph shall not","apply in the event of universal or partial","succession into the position of the initial","contractor, following corporate","restructuring operations or insolvency, of","another economic operator that fulfils the","criteria for qualitative selection initially","established provided that this does not","entail other substantial modifications to the","contract and is not aimed at circumventing","the application of this Directive."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"861","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-574","location":[[" Proposal for a directive","Article 52"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["Article 52","Joint procurement between contracting","entities from different Member States","","1. Without prejudice to Title I, Chapter","III, Section 2, Subsection 2: Special","relations, contracting entities from","different Member States may jointly","award contracts by using one of the","means described in this Article.","","2. Several contracting entities may","purchase works, supplies and/or services","from or through a central purchasing","body located in another Member State. In","that case, the procurement procedure","shall be conducted in accordance with the","national provisions of the Member State","where the central purchasing body is","","located.","","3. Several contracting entities from","different Member States may jointly","award a contract. In that case, the","participating contracting entities shall","conclude an agreement that determines","","(a) which national provisions shall apply","to the procurement procedure;","","(b) the internal organisation of the","procurement procedure, including the","management of the procedure, the","sharing of responsibilities, the distribution","of the works, supplies or services to be","procured, and the conclusion of contracts.","","When determining the applicable national","law in accordance with point (a),","contracting entities may choose the","national provisions of any Member State","in which at least one of the participating","entities is located.","","4. Where several contracting entities from","different Member States have set up a","joint legal entity, including European","Groupings of territorial cooperation","under Regulation (EC) No\u00b0 1082/2006 of","the European Parliament and of the","Council1 or other entities established","under Union law, the participating","contracting entities shall, by a decision of","the competent body of the joint legal","entity, agree on the applicable national","procurement rules of one of the following","Member States:","","(a) the national provisions of the Member","State where the joint legal entity has its","registered office;","","(b) the national provisions of the Member","State where the joint legal entity is","carrying out its activities.","","","1","OJ L 210 of 31.7.2006, p. 19","","This agreement may either apply for an","undetermined period, when fixed in the","constitutive act of the joint legal entity, or","may be limited to a certain period of time,","certain types of contracts or to one or","more individual contract awards.","","5. In the absence of an agreement","determining the applicable public","procurement law, the national legislation","governing the contract award shall be","determined following the rules set out","below:","","(a) where the procedure is conducted or","managed by one participating contracting","entity on behalf of the others, the national","provisions of the Member State of that","contracting entity shall apply;","","(b) where the procedure is not conducted","or managed by one participating","contracting entity on behalf of the others,","and","","(i) concerns a works contract, contracting","entities shall apply the national provisions","of the Member State where most of the","works are located;","(ii) concerns a service or supply contract,","contracting entities shall apply the","national provisions of the Member State","where the major part of the services or","supplies is provided;","","(c) where it is not possible to determine","the applicable national law pursuant to","points (a) or (b), contracting entities shall","apply the national provisions of the","Member State of the contracting entity","which bears the biggest share of the costs.","6. In the absence of an agreement","determining the applicable public","procurement law under paragraph 4, the","national legislation governing","procurement procedures conducted by","joint legal entities set up by several","","contracting entities from different","Member States shall be determined","following the following rules:","","(a) where the procedure is conducted or","managed by the competent organ of the","joint legal entity, the national provisions","of the Member State where the legal entity","has its registered office shall apply;","(b) where the procedure is conducted or","managed by a member of the legal entity","on behalf of that legal entity, the rules set","out in points (a) and (b)of paragraph 5","shall apply;","(c) where it is not possible to determine","the applicable national law pursuant to","points (a) or (b) of paragraph 5, the","contracting entities shall apply the","national provisions of the Member State","where the legal entity has its registered","office.","","7. One or more contracting entities may","award individual contracts under a","framework agreement concluded by or","jointly with a contracting entity located in","another Member State, provided that the","framework agreement contains specific","provisions enabling the respective","contracting entity or entities to award the","individual contracts.","","8. Decisions on the award of contracts in","cross-border public procurement shall be","subject to the ordinary review","mechanisms available under the national","law applicable.","","9. In order to enable the effective","operation of review mechanisms, Member","States shall ensure that the decisions of","review bodies within the meaning of","Council Directive 92/13/EEC1 located in","other Member States are fully executed in","their domestic legal order, where such","decisions involve contracting entities","1","OJ L 76, 23.03.1992, p. 14.","","established on their territory participating","in the relevant cross-border public","procurement procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"574","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-862","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:30"},"new":["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 should it be higher, where it is below","20 % 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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"862","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-253","justification":"This clarifies the scope of coverage of the Directive in terms of what types of organisation\nshould be covered.","location":[[" Proposal for a directive","Article 2 \u2013 point 4 \u2013 point c"]],"meps":[4538,96704,23788,96873],"meta":{"created":"2019-07-03T05:36:31"},"new":["(c) which 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;","(ii) the majority of the administrative,","managerial or supervisory board 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 other bodies governed by","public law."],"old":["(c) it is financed, for the most part, by the","State, regional or local authorities, or other","bodies governed by public law; or subject","to management supervision by those","bodies; or has an administrative,","","","managerial or supervisory board, more","than half of whose members are appointed","by the State, regional or local authorities,","or by other bodies governed by public law;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"253","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, Rafa\u0142 Trzaskowski, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-575","justification":" Member States should have a possibility to decide whether contracting authority may award a\n contract jointly with contracting authorities from other Member States. Moreover, there\n should be concrete conditions under which a contract may be awarded jointly with\n contracting authorities from other Member States.","location":[[" Proposal for a directive","Article 52 \u2013 paragraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["1. Without prejudice to Title I, Chapter III,","Section 2, Subsection 2: Special relations,","Member States may stipulate that","contracting entities may award public","contracts jointly with contracting entities","from other Member States if:","(a) the joint award of a public contract is","justified due to cross-border nature of the","contract","or;","(b) the public contract is co-financed by","contracting authorities from different","Member States","or;","(c) the public contract is of innovative","nature."],"old":["1. Without prejudice to Title I, Chapter III,","Section 2, Subsection 2: Special relations,","contracting entities from different","Member States may jointly award contracts","by using one of the means described in","this Article."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"575","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Constance Le Grip","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-863","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96876,101580],"meta":{"created":"2019-07-03T05:36:30"},"new":["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."],"old":["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 5% 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"863","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-254","location":[["Proposal for a directive","Article 2 \u2013 point 4 \u2013 point c"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:31"},"new":["(c) it is financed, for the most part, by the","State, regional or local authorities, or other","bodies governed by public law; or subject","to management supervision by those","bodies; or has an administrative,","managerial or supervisory board, more","than half of whose members are appointed","by the State, regional or local authorities,","or by other bodies governed by public law;","For the purposes of this Directive, the","definition of a \u2018public body\u2019 does not","include companies listed on the stock","market or companies which they control","directly or indirectly or with which they","are directly or indirectly linked;"],"old":["(c) it is financed, for the most part, by the","State, regional or local authorities, or other","bodies governed by public law; or subject","to management supervision by those","bodies; or has an administrative,","managerial or supervisory board, more","than half of whose members are appointed","by the State, regional or local authorities,","or by other bodies governed by public law;",""],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"254","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-576","location":[["Proposal for a directive","Article 52 \u2013 paragraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["2. Several contracting entities may","purchase works, supplies and/or services","from or through a central purchasing","body located in another Member State. In","that case, the procurement procedure","shall be conducted in accordance with the","national provisions of the Member State","where the central purchasing body is","located."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"576","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-864","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[4538,96704,23788],"meta":{"created":"2019-07-03T05:36:30"},"new":["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 20 % 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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"864","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-255","justification":" Definition of 2004/17/EC is approved and has worked well.","location":[[" Proposal for a directive","Article 2 \u2013 point 8 \u2013 point a a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["(aa) or a work, or the realisation by","whatever means, of a work corresponding","to the requirements specified by the","contracting entity. A 'work' means the","outcome of building or civil engineering","works taken as a whole which is sufficient","in itself to fulfil an economic or technical","function;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"255","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Bernadette Vergnaud","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-865","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[28177],"meta":{"created":"2019-07-03T05:36:30"},"new":["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 5% 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. When the value of the","modification does not exceed half of the","thresholds laid down in Article 12 and is","equal to or exceeds 5 % of the price of the","initial contract, assessment of whether the","modification is substantial or not shall be","carried out in accordance with the","provisions of paragraph 2."],"old":["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 5% 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"865","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, Rafa\u0142 Trzaskowski, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-577","location":[["Proposal for a directive","Article 52 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["In a case referred to in the paragraph 1,","the participating contracting entities shall","conclude an agreement that determines"],"old":["Several contracting entities from different","Member States may jointly award a","contract. In that case, the participating","contracting entities shall conclude an","agreement that determines"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"577","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-866","justification":" According to the proposal, a modification of a contract during its term shall be considered\n substantial when the value of the modification reaches 5% of the price of the initial contract.\n In the light of the case law and the doctrine, this threshold is far too low. In 2000, the\n European Court of Justice acknowledged that an increase of 10% did not require a new\n procurement procedure (see judgment, 5 October 2000, case C-337/98, Commission of the\n European Communities vs French Republic). Similarly, under French case law, a\n modification between 10 and 15% is usually not considered to be substantial and the French\n doctrine also considers a modification as a new award when it reaches 15%.Setting the\n threshold at 5% would prevent any modification of contracts during their term. It would lead\n to problematic consequences in executing contracts in so far as contracting entities have to\n deal with unforeseen circumstances requiring an adaptation of contracts during their term.\n They need pragmatic solutions instead. A 15% threshold, while providing flexibility to\n contracting entities to modify contracts during their term, takes up the solutions developed by\n national and European case law and aims at avoiding misuse in the application of the\n procurement rules.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:30"},"new":["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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"866","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-256","location":[[" Proposal for a directive","Article 2 \u2013 point 8 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(b) the execution, or both the design and","execution, of a work;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"256","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-578","justification":" The parties\u2019 options in terms of choosing the applicable national law should be linked to the\n substantive legal provisions governing the contract.","location":[["Proposal for a directive","Article 52 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:33"},"new":["When determining the applicable national","law in accordance with point (a),","contracting entities must choose the","national provisions of any Member State in","which at least one of the participating","entities is located."],"old":["When determining the applicable national","law in accordance with point (a),","contracting entities may choose the","national provisions of any Member State in","which at least one of the participating","entities is located."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"578","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-257","location":[["Proposal for a directive","Article 2 \u2013 point 8 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(c) the realisation by whatever means of a","work corresponding to the requirements","specified by the contracting entity","exercising a decisive influence on the type","or design of the work;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"257","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-579","justification":"It is sufficient that contracting authorities shall agree on the applicable national procurement\nrules. Paragraph 5 is not necessary. Deletion of this paragraph will simplify the Article.","location":[[" Proposal for a directive","Article 52 \u2013 paragraph 5"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["5. In the absence of an agreement","determining the applicable public","procurement law, the national legislation","governing the contract award shall be","determined following the rules set out","below:","(a) where the procedure is conducted or","managed by one participating contracting","entity on behalf of the others, the national","provisions of the Member State of that","contracting entity shall apply;","(b) where the procedure is not conducted","or managed by one participating","contracting entity on behalf of the others,","and","(i) concerns a works contract, contracting","entities shall apply the national provisions","of the Member State where most of the","works are located;","","(ii) concerns a service or supply contract,","contracting entities shall apply the","national provisions of the Member State","where the major part of the services or","supplies is provided;","(c) where it is not possible to determine","the applicable national law pursuant to","points (a) or (b), contracting entities shall","apply the national provisions of the","Member State of the contracting entity","which bears the biggest share of the costs."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"579","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-258","location":[["Proposal for a directive","Article 2 \u2013 point 10"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:31"},"new":["(10) \"supply contracts\" means contracts","having as their object the purchase, lease,","rental or hire-purchase, with or without an","option to buy, of products, including via","agencies. A supply contract may include,","as an incidental matter, siting and","installation operations;"],"old":["(10) \"supply contracts\" means contracts","having as their object the purchase, lease,","rental or hire-purchase, with or without an","option to buy, of products. A supply","contract may include, as an incidental","matter, siting and installation operations;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"258","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-867","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:30"},"new":["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 is below 10%","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."],"old":["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 5% 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."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"867","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-259","location":[["Proposal for a directive","Article 2 \u2013 point 12"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:31"},"new":["(12) 'economic operator' means any natural","or legal person, private or public, or a","group of such persons which offers the","execution of works and/or a work, the","supply of products or the provision of","services on the market;"],"old":["(12) 'economic operator' means any natural","or legal person, or a contracting entity, or","","a group of such persons and/or entities","which offers the execution of works and/or","a work, the supply of products or the","provision of services on the market;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"259","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-580","location":[["Proposal for a directive","Article 52 \u2013 paragraph 5 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["(c) where it is not possible to determine","the applicable national law pursuant to","points (a) or (b), contracting entities shall","apply the national provisions of the","Member State of the contracting entity","which bears the biggest share of the costs."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"580","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-260","location":[[" Proposal for a directive","Article 2 \u2013 point 15"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["(15) \u2018procurement documents\u2019 means any","document produced or referred to by the","contracting entity to describe or determine","elements of the procurement or the","procedure, including the contract notice,","the prior information notice or the notices","on the existence of a qualification system","where they are used a means of calling for","competition, the technical specifications,","proposed conditions of contract, formats","for the presentation of documents by","candidates and tenderers, information on","generally applicable obligations and any","additional documents;"],"old":["(15) \u2018procurement documents\u2019 means all","documents produced or referred to by the","contracting entity to describe or determine","elements of the procurement or the","procedure, including the contract notice,","the prior information notice or the notices","on the existence of a qualification system","where they are used a means of calling for","competition, the technical specifications,","proposed conditions of contract, formats","for the presentation of documents by","candidates and tenderers, information on","generally applicable obligations and any","additional documents;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"260","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-868","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:31"},"new":["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","or where it is below 10% 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."],"old":["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 5% 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"868","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-581","justification":" It is sufficient that contracting authorities shall agree on the applicable national procurement\n rules. Paragraph 6 is not necessary. Deletion of this paragraph will simplify the Article.","location":[["Proposal for a directive","Article 52 \u2013 paragraph 6"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["6. In the absence of an agreement","determining the applicable public","procurement law under paragraph 4, the","national legislation governing","procurement procedures conducted by","joint legal entities set up by several","contracting entities from different","Member States shall be determined","following the following rules:","(a) where the procedure is conducted or","managed by the competent organ of the","joint legal entity, the national provisions","of the Member State where the legal entity","has its registered office shall apply;","(b) where the procedure is conducted or","managed by a member of the legal entity","on behalf of that legal entity, the rules set","out in points (a) and (b)of paragraph 5","shall apply;","(c) where it is not possible to determine","the applicable national law pursuant to","points (a) or (b) of paragraph 5, the","contracting entities shall apply the","national provisions of the Member State","where the legal entity has its registered","office."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"581","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-261","location":[[" Proposal for a directive","Article 2 \u2013 point 22"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:31"},"new":["(22) \u2018life cycle\u2019 means all consecutive","and/or interlinked stages, including","research, development, 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 to","disposal, clearance and finalisation;"],"old":["(22) \u2018life cycle\u2019 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 to disposal, clearance and","finalisation;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"261","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-869","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:31"},"new":["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","or, where it does exceed them, where it is","below 20% 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."],"old":["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 5% 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."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"869","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-582","location":[[" Proposal for a directive","Article 52 \u2013 paragraph 6 a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["6 a. Several contracting entities from","different Member States may purchase","works, supplies and/or services from or","through a central purchasing body","located in another Member State, if those","Member States provided for the possibility","referred to in Article 49 paragraph 2 and","all the conditions referred to in the","paragraph 1 are fulfilled. In that case,","parties shall conclude an agreement that","determines which national provisions","shall apply to the procurement procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"582","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-262","justification":"While contracting authorities shall, in the interest of the taxpayer, be responsible for ensuring\nthat value for money is secured as regards whatever solution is selected through public\nprocurement, and that this does not end up costing more to society or the environment overall\non the long run, this responsibility can only reasonably run from the point of purchase.\nContracting authorities cannot be held responsible for the detrimental environmental or\nsocial choices of private undertakings.","location":[["Proposal for a directive","Article 2 \u2013 point 22"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:31"},"new":["(22) 'life cycle' means monetising,","wherever possible, the full costs","associated to the public procurement,","including maintenance and resource","(including energy) efficiency costs, end-","of-life recycling costs, and social impact","costs where these relate to performance of","the contract. Efficient design, planning","and use of electronic means can also be","included in life cycle monetisation. For","the purposes of public procurement, the","life cycle runs from the point of purchase","throughout the lifetime of the works,","supplies or services and forms an integral","and in-dissociable part of the calculation","of what constitutes the Most Economically","Advantageous Tender."],"old":["(22) \u2018life cycle\u2019 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 to disposal,","clearance and finalisation;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"262","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-870","justification":"In the light of the case law and the doctrine, this threshold is far too low. Supplementary\nservices amounting to 5% to 10% of the price of the initial contract are common for works\ncontracts in utilities procurement, the 5% threshold appears to be unreasonable.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:31"},"new":["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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"870","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-583","location":[["Proposal for a directive","Article 52 \u2013 paragraph 7"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["7. Member States may stipulate that one","or more contracting entities may award","individual contracts under a framework","agreement concluded by or jointly with a","contracting entity located in another","Member State, provided that the","framework agreement contains specific","provisions enabling the respective","contracting entity or entities to award the","individual contracts."],"old":["7. One or more contracting entities may","award individual contracts under a","framework agreement concluded by or","jointly with a contracting entity located in","another Member State, provided that the","framework agreement contains specific","provisions enabling the respective","contracting entity or entities to award the","individual contracts."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"583","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-263","location":[[" Proposal for a directive","Article 2 \u2013 point 22"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:31"},"new":["(22) \u2018life cycle\u2019 means all consecutive","and/or interlinked stages, including","research, development, transport, use and","maintenance, throughout the existence of a","product or a works or the provision of a","service, provided data in relation to these","are measurable and can be collated in a","meaningful manner."],"old":["(22) \u2018life cycle\u2019 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 to disposal,","clearance and finalisation;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"263","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-871","justification":"In 2000, the ECJ acknowledged that an increase of 10% did not require a new procurement\nprocedure (5/10/2000, case C-337/98, Commission of the European Communities v French\nRepublic).Setting the threshold at 5% would prevent any modification of contracts during\ntheir term. It would lead to problematic consequences in executing contracts. A 15%\nthreshold takes up the solutions developed by national and European case law and aims at\navoiding misuse in the application of the procurement rules.","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:31"},"new":["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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"871","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-584","justification":" Such provision may cause problems in practice. It is not clear how Member States should\n ensure that decisions of review bodies (which are not necessarily of judicial nature)\n established in other Member States are fully executed in their domestic legal order.","location":[["Proposal for a directive","Article 52 \u2013 paragraph 9"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["9. In order to enable the effective","operation of review mechanisms, Member","States shall ensure that the decisions of","review bodies within the meaning of","Council Directive 92/13/EEC47 located in","other Member States are fully executed in","their domestic legal order, where such","decisions involve contracting entities","established on their territory participating","in the relevant cross-border public","procurement procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"584","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-264","location":[[" Proposal for a directive","Article 2 \u2013 point 22"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:32"},"new":["(22) 'life cycle' means all consecutive","and/or interlinked stages of a product or a","works or the provision of a service, from","acquisition to use, maintenance, disposal,","clearance and finalisation."],"old":["(22) \u2018life cycle\u2019 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 to disposal,","clearance and finalisation;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"264","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-872","justification":" The threshold should be increased to 15 % which is in line with today\u2019s case law in order to\n give the margins of manoeuvre to the contracting authority and the contractor allowing them\n to respond to changing circumstances.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:31"},"new":["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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"872","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-265","location":[[" Proposal for a directive","Article 2 \u2013 point 22 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:32"},"new":["(22a) 'standardised products' means","products which do not differ significantly","in their composition or characteristics."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"265","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-585","location":[[" Proposal for a directive","Article 53 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["Before launching a procurement procedure,","contracting entities may conduct market","consultations in order to assess the","structure, capability and capacity of the","market and/or to inform economic","operators of their procurement plans and","requirements."],"old":["Before launching a procurement procedure,","contracting entities may conduct market","consultations in order to assess the","structure, capability and capacity of the","market and to inform economic operators","of their procurement plans and","requirements."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"585","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-873","justification":"This takes into account the updated price of the original contract, which seems a more correct\npoint of reference.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:31"},"new":["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 5 % of the updated","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."],"old":["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 5% 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"873","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-266","location":[["Proposal for a directive","Article 2 \u2013 point 23 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["(23a) 'service concession' means a","contract of the same type as a service","contract except for the fact that the","consideration for the provision of services","consists either solely in the right to exploit","the service or in that right together with","payment."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"266","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-874","location":[["Proposal for a directive","Article 82 \u2013 paragraph 4 a (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:31"},"new":["4a. Furthermore, where the scope of the","contract might evolve pursuant to:","- significant innovations or technological","change;","- a technical difficulty in operation or","maintenance requiring the intervention of","the initial contractor;","- the necessary implementation of","emergency and unforeseeable works,","services or supplies which cannot be","technically or economically separated","from the main contract without causing","major disruption to the contracting entity;","the modification shall not be considered","substantial within the meaning of","paragraph 1."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"874","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-586","justification":"Redundant","location":[["Proposal for a directive","Article 53 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["For this purpose, contracting entities may","seek or accept advice from administrative","support structures or from third parties or","market participants."],"old":["For this purpose, contracting entities may","seek or accept advice from administrative","support structures or from third parties or","market participants, provided that such","advice does not have the effect of","precluding competition and does not","result in a violation of the principles of","non-discrimination and transparency."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"586","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-267","location":[["Proposal for a directive","Article 2 \u2013 point 23 a (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:32"},"new":["(23a) 'non-covered supplies or services'","means a product or service originating in","a country with which the Union has not","concluded an international agreement in","the field of public procurement including","market access commitments or a product","or service originating in a country with","which the Union has concluded such an","agreement, but in respect of which the","relevant agreement does not apply."],"old":[""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"267","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-587","justification":" Under the prior market consultation procedure, tenderers should only be able to receive\n information supplied by the contracting entity, and not 'exchanged information', possibly\n including elements of tenders, which would discriminate against tenderers participating in\n that procedure.","location":[["Proposal for a directive","Article 53 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:34"},"new":["Such measures shall include the","communication to the other candidates and","tenderers of any information provided by","the contracting entity 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. 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."],"old":["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. 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"587","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-875","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 5"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:31"},"new":["5. Contract modifications shall not be","considered substantial within the meaning","of paragraph 1 where they have been","provided for in the procurement documents","in clear, precise and unequivocal review","clauses or options, or where they are a","result of errors or omissions in the","procurement documents provided by the","contracting authorities or entities. Such","clauses shall state the scope and nature of","possible modifications or options as well as","the conditions under which they may be","used. They shall not provide for","modifications or options that would alter","the overall nature of the contract."],"old":["5. Contract modifications shall not be","considered substantial within the meaning","of paragraph 1 where they have been","provided for in the procurement documents","in clear, precise and unequivocal review","clauses or options. Such clauses shall state","the scope and nature of possible","modifications or options as well as the","conditions under which they may be used.","They shall not provide for modifications or","options that would alter the overall nature","of the contract."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"875","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-268","location":[[" Proposal for a directive","Article 2 \u2013 point 23 a (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:32"},"new":["(23a) 'products, works, supplies and","services not covered' means products,","works, supplies and services from a","country with which the Union has not","concluded an international agreement in","the field of public procurement, and","which includes a commitment concerning","market access, or products, works,","supplies and services from a country with","which the EU has concluded an","international agreement of this kind, but","to which that agreement does not apply;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"268","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-876","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 5"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:31"},"new":["5. Contract modifications shall not be","considered substantial within the meaning","of paragraph 1 where they have been","provided for in the procurement documents","in clear, precise and unequivocal review","clauses or options, as well as in the form","of price revision clauses or pricing","clauses. Such clauses shall state the scope","and nature of possible modifications or","options as well as the conditions under","which they may be used. They shall not","provide for modifications or options that","would alter the overall nature of the","contract."],"old":["5. Contract modifications shall not be","considered substantial within the meaning","of paragraph 1 where they have been","provided for in the procurement documents","in clear, precise and unequivocal review","clauses or options. Such clauses shall state","the scope and nature of possible","modifications or options as well as the","conditions under which they may be used.","They shall not provide for modifications or","","options that would alter the overall nature","of the contract."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"876","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-588","location":[[" Proposal for a directive","Article 53 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:34"},"new":["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 be required","(i) to 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) to 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."],"old":["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. 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"588","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-269","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 3"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:32"},"new":["3. If one of the activities for which the","contract is intended is subject to this","Directive and the other to the","abovementioned [2004/18] and if it is","objectively impossible to determine for","which activity the contract is principally","intended, the applicability of this Directive","shall be determined on the basis of the","main subject-matter of the contract."],"old":["3. If one of the activities for which the","contract is intended is subject to this","Directive and the other to the","abovementioned [2004/18] and if it is","objectively impossible to determine for","which activity the contract is principally","intended, the contract shall be awarded in","accordance with the abovementioned","Directive [2004/18]."],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"269","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-589","justification":"There is a potential practical difficulty in identifying and agreeing with contracting\nauthorities in each case what constitutes \u201crelevant information\u201d to be shared in a\npreliminary market consultation and what should be kept confidential. Allowing contracting\nauthorities to clearly set out either information that could become relevant for sharing or\nprocedures to protect confidential information will bring more clarity to the different parties\n\n and safeguard the interests of economic operators.","location":[["Proposal for a directive","Article 53 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:34"},"new":["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."],"old":["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. 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"589","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-270","location":[["Proposal for a directive","Article 4 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:32"},"new":["2. Rights which have been granted by","means of a tender procedure in which","adequate publicity has been ensured and","where the granting of those rights was","based on objective and non-discriminatory","award criteria shall not constitute \"special","or exclusive rights\" within the meaning of","point 6 of Article 2."],"old":["2. Rights which have been granted by","means of a procedure in which adequate","publicity has been ensured and where the","granting of those rights was based on","objective criteria shall not constitute","\"special or exclusive rights\" within the","meaning of point 6 of Article 2."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"270","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-877","location":[["Proposal for a directive","Article 82 \u2013 paragraph 6 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["Contracting entities shall publish in the","Official Journal of the European Union a","notice on such modifications. Such","notices shall contain the information set","out in Annex XVI and be published in","accordance with Article 65."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"877","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-590","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["The technical specifications shall be set out","in the procurement documents. They shall","define the characteristics required of a","works, service or supply and shall be","linked to the subject matter of the","contract."],"old":["The technical specifications as defined in","point 1 of Annex VIII shall be set out in","the procurement documents. They shall","define the characteristics required of a","works, service or supply."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"590","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-591","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"591","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-271","location":[["Proposal for a directive","Article 4 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:32"},"new":["(a) procurement procedures with a prior","call for competition in conformity with","Directive [2004/18/EC], [Directive \u2026","(concessions)], this Directive or other","procurement procedures of Member","States that have adopted the","abovementioned directives, including for","the awarding of concessions;"],"old":["(a) procurement procedures with a prior","call for competition in conformity with","Directive [2004/18/EC], [Directive \u2026","(concessions)] or this Directive;"],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"271","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-878","location":[["Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["7. Contracting entities shall not have","recourse to modifications of the contract","where the modification would aim at","compensating risks of price increases that","have been hedged by the contractor."],"old":["7. Contracting entities shall not have","recourse to modifications of the contract in","the following cases:"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"878","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-272","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["(a) which are contracting authorities or","public undertakings and which pursue one","of the activities referred to in Articles 5 to","11 except in cases where the activity is","pursued on the basis of rights being","granted according to paragraph 2 of this","Article;"],"old":["(a) which are contracting authorities or","public undertakings and which pursue one","of the activities referred to in Articles 5 to","11;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"272","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-592","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:34"},"new":["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 and","socially sustainable production process","referred to in points (22), (22a) and (22b)","of Article 2."],"old":["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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"592","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-879","justification":" Clarification of the ambiguous wording used in the proposal for a directive.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 introductory part"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:31"},"new":["7. Contracting entities may not invoke the","provisions of this article concerning","modifications of the contract in the","following cases:"],"old":["7. Contracting entities shall not have","recourse to modifications of the contract in","the following cases:"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"879","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-273","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3 \u2013 point a"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:32"},"new":["(a) which are contracting authorities or","public undertakings, except in the cases","referred to in paragraph 4, and which","pursue one of the activities referred to in","Articles 5 to 11;"],"old":["(a) which are contracting authorities or","public undertakings and which pursue one","of the activities referred to in Articles 5 to","11;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"273","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-593","justification":"Candidates cannot be required to prove things on which they do not have any access,\ncompetency or responsibility up to the whole supply chain. For these reasons, technical\nspecifications must remain strictly linked to the subject-matter of the contract and the\nrequirements must be proportionate to the value and objectives of the contract.","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:34"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"593","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-880","justification":" Problematic, no contracting entity can easily dispense with claims arising from deficiencies in\n the performance of the contractor in order to avoid a new procurement procedure.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(a) where the modification would aim at","remedying deficiencies in the","performance of the contractor or the","consequences, which can be remedied","through the enforcement of contractual","obligations;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"880","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-274","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3 a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:32"},"new":["3a. This Directive shall not apply to public","undertakings carrying on the activities","referred to in articles 5 to 11 by virtue of","rights granted in accordance with","paragraph 2 of this article."],"old":[""],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"274","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-594","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2 point a, b and c (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:34"},"new":["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. The","following shall also be taken into account","as technical specifications:","(a) social criteria, such as respect for the","right to decent working conditions,","compliance with health and safety rules,","collective bargaining, gender equality","(e.g. equal pay, work-life balance), social","integration, including employment","opportunities for disabled, disadvantaged","or vulnerable workers (such as long-term","unemployed persons, Roma, migrants or","young and older workers), access to","vocational training and user involvement","and consultation;","(b) social considerations relating to the","external social costs directly linked to the","life cycle, such as the impact of","production on the surrounding","environment and adjacent communities;","(c) for service contracts and contracts","involving the design of works, the","organisation, qualifications and","experience of the staff assigned to","performing the contract."],"old":["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."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"594","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-595","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 4"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:34"},"new":["For all procurement, the subject of which is","intended for use by persons, whether","general public or staff of the contracting","entity, those technical specifications shall,","except in exceptional, duly justified cases,","be drawn up so as to take into account","accessibility criteria for people with","disabilities or design for all users."],"old":["For all procurement, the subject of which is","intended for use by persons, whether","general public or staff of the contracting","entity, those technical specifications shall,","except in duly justified cases, be drawn up","so as to take into account accessibility","criteria for people with disabilities or","design for all users."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"595","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-275","justification":"In many Member States District Heating and Cooling operators are public entities. Under\nArticle 5 of the proposed Utilities Directive (but also in the existing 2004/17/EC; under Art.3)\nthe provision of heat is an activity falling under the scope of the Utilities Directive whether\nthis includes cooling as well is not yet legally clarified.","location":[["Proposal for a directive","Article 5 \u2013 title"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["Gas, heat and cooling"],"old":["Gas and heat"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"275","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-596","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["Where mandatory accessibility standards","are adopted by a legislative act of the","Union, technical specifications shall, as far","as accessibility criteria for persons with","disabilities or design for all users are","concerned, be defined by reference thereto."],"old":["Where mandatory accessibility standards","are adopted by a legislative act of the","Union, technical specifications shall, as far","as accessibility criteria are concerned, be","defined by reference thereto."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"596","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-881","justification":"If this provision were to be retained, in the case of complex projects pragmatic contract\nmodifications would be ruled out in the interests of prompt performance. The contracting\nauthority would have no choice but to take legal action to force the contractor to meet its\nobligations under the contract, which might be inappropriate or even technically impossible.\nIndeed, only the contracting authority would regard non-compliance with those obligations as\na deficiency, a claim which the contractor would certainly challenge. This would give rise to\nlegal uncertainty and delays in performing contracts.","location":[["Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 point a"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(a) where the modification would aim at","remedying deficiencies in the","performance of the contractor or the","consequences, which can be remedied","through the enforcement of contractual","obligations;"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"881","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-276","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["1. As far as gas, heat and cooling are","concerned, this Directive shall apply to the","following activities:"],"old":["1. As far as gas and heat are concerned,","this Directive shall apply to the following","activities:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"276","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-597","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 5"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["Where mandatory accessibility,","environmental or social standards are","adopted by a legislative act of the Union,","technical specifications shall, as far as","accessibility, environmental or social","criteria are concerned, be defined by","reference thereto."],"old":["Where mandatory accessibility standards","are adopted by a legislative act of the","Union, technical specifications shall, as far","as accessibility criteria are concerned, be","defined by reference thereto.",""],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"597","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-598","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 5 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:34"},"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)."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"598","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-882","location":[["Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["(b) where the modification would aim at","compensating risks of price increases that","have been hedged by the contractor."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"882","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-277","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[37312],"meta":{"created":"2019-07-03T05:36:33"},"new":["1. As far as gas, heat and cooling are","concerned, this Directive shall apply to the","following activities:"],"old":["1. As far as gas and heat are concerned,","this Directive shall apply to the following","activities:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"277","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-599","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 point 1 (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:34"},"new":["Obligations relating to social and","employment conditions, such as health","and safety at the workplace, social","security and working conditions, as laid","down in EU and national laws,","regulations or administrative provisions,","arbitration rulings, collective agreements","and contracts and the international","labour law provisions listed in Annex","XIV, which apply in the place where the","work, service or supply is performed shall","be clearly set out by contracting","authorities in the technical specifications","as part of the mandatory requirements","governing the award of the contract."],"old":[""],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"599","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-883","location":[["Proposal for a directive","Article 82 \u2013 paragraph 7 \u2013 point b"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:31"},"new":["(b) where the modification would aim at","compensating risks of price increases that","have been hedged by the contractor","without prejudice to cases where,","irrespective of the provisions of this","Article, it restores the economic balance","of the contract."],"old":["(b) where the modification would aim at","compensating risks of price increases that","have been hedged by the contractor."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"883","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-600","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:35"},"new":["1a. Technical specifications may also","include requirements relating to:","a) Employment conditions, organisation,","qualification and experience of staff","assigned to performing the contract in","question;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"600","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-601","location":[["Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["(a) in terms of performance or functional","requirements, including social and","environmental characteristics, provided","that the parameters are sufficiently precise","to allow tenderers to determine the subject-","matter of the contract and to allow","contracting entities to award the contract;"],"old":["(a) in terms of performance or functional","requirements, including environmental","characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","entities to award the contract;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"601","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-278","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["(a) the provision or operation of fixed","networks intended to provide a service to","the public in connection with the","production, transport or distribution of gas,","heat or cooling;"],"old":["(a) the provision or operation of fixed","networks intended to provide a service to","the public in connection with the","production, transport or distribution of gas","or heat;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"278","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-884","justification":"Such provision is not necessary in the EU legislation on public procurement. It can be\nsufficiently regulated by national legislation.","location":[[" Proposal for a directive","Article 83"]],"meps":[28275],"meta":{"created":"2019-07-03T05:36:31"},"new":["deleted"],"old":["Article 83","Termination of contracts","Member States shall ensure that","contracting entities have the possibility,","under the conditions determined by the","applicable national contract law, to","terminate a works, supply or service","contract during its term, where one of the","following conditions is fulfilled:","(a) the exceptions provided for in Article","21 cease to apply following a private","participation in the legal person awarded","the contract pursuant to Article 21 (4);","(b) a modification of the contract","constitutes a new award within the","meaning of Article 82;","(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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"884","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-602","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point a"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:35"},"new":["(a) in terms of performance or functional","requirements, including environmental and","social characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","authorities to award the contract,","including in accordance with the","requirements concerning the life-cycle","characteristics of the requested works,","supplies or services;"],"old":["a) in terms of performance or functional","requirements, including environmental","characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","entities to award the contract;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"602","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-885","justification":"There is no reason to restrict this provision concerning the termination of public contracts to\nagreements on horizontal cooperation (Article 21(4)). It should apply to all the cases referred\nto in Article 21 (in-house, joint in-house).","location":[["Proposal for a directive","Article 83 \u2013 paragraph 1 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:32"},"new":["(a) the exceptions provided for in Article","21 cease to apply following a private","participation in the legal person awarded","the contract pursuant to Article 21;"],"old":["(a) the exceptions provided for in Article","21 cease to apply following a private","participation in the legal person awarded","the contract pursuant to Article 21(4);"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"885","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-603","justification":" The technical specifications of the tender should also include safety characteristics, on\n account of the risks and liabilities incurred.","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:35"},"new":["(a) in terms of performance or functional","requirements, including environmental and","safety characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","entities to award the contract;"],"old":["(a) in terms of performance or functional","requirements, including environmental","characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","entities to award the contract;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"603","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-279","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point a"]],"meps":[37312],"meta":{"created":"2019-07-03T05:36:33"},"new":["(a) the provision or operation of fixed","networks intended to provide a service to","the public in connection with the","production, transport or distribution of gas,","heat or cooling;"],"old":["(a) the provision or operation of fixed","networks intended to provide a service to","the public in connection with the","production, transport or distribution of gas","or heat;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"279","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-604","location":[["Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["(b) by reference to technical specifications","and, in order of preference, to national","standards transposing European standards,","European Technical Assessments,","common technical specifications,","international standards, other technical","reference systems established by the","European standardisation bodies or - when","any of 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 \u2018or equivalent\u2019;"],"old":["(b) by reference to technical specifications","and, in order of preference, 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 \u2018or equivalent\u2019;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"604","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-886","location":[["Proposal for a directive","Article 83 \u2013 paragraph 1 \u2013 point b"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["(b) a modification of the contract","constitutes a new award within the","","","meaning of Article 82;"],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"886","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-280","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["(b) the supply of gas, heat or cooling to","such networks."],"old":["(b) the supply of gas or heat to such","networks."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"280","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-605","justification":" Technical specifications should be non-discriminatory and technology neutral. These\n fundamental principles should apply equally to the use of standards and specifications in\n procurement. Non-discriminatory, technology neutral specifications require economic\n operators to compete to produce the best solutions, which drives innovation and economic\n growth. Technology neutrality also ensures that authorities can pick from the widest range of\n products and services, promoting best value for money.","location":[["Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point b"]],"meps":[4538,96704,96873],"meta":{"created":"2019-07-03T05:36:35"},"new":["(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';"],"old":["(b) by reference to technical specifications","and, in order of preference, 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 \u2018or equivalent\u2019;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"605","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-887","location":[[" Proposal for a directive","Article 83 \u2013 paragraph 1 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"887","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-281","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point b"]],"meps":[37312],"meta":{"created":"2019-07-03T05:36:33"},"new":["(b) the supply of gas, heat or cooling to","such networks."],"old":["(b) the supply of gas or heat to such","networks."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"281","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-606","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["4. When justified by the subject-matter of","the contract, technical specifications may","refer to a specific make or source, or to a","particular process which characterises the","products or services, or to trade marks,","patents, types or a specific origin or","production Such reference shall be","accompanied by the words 'or equivalent'."],"old":["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 to trade marks,","patents, types or a specific origin or","production with 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 be","accompanied by the words \u2018or equivalent\u2019."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"606","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-282","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["2. The supply of gas, heat or cooling to","networks which provide a service to the","public by a contracting entity other than a","contracting authority shall not be","considered a relevant activity within the","meaning of paragraph 1 where all of the","following conditions are met:"],"old":["2. The supply of gas or heat to networks","which provide a service to the public by a","contracting entity other than a contracting","authority shall not be considered a relevant","activity within the meaning of paragraph 1","where all of the following conditions are","met:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"282","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-888","location":[[" Proposal for a directive","Article 83 \u2013 paragraph 1 \u2013 point c"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["(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."],"orig_lang":"es","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"888","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-283","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[37312],"meta":{"created":"2019-07-03T05:36:33"},"new":["2. The supply of gas, heat or cooling to","networks which provide a service to the","public by a contracting entity other than a","contracting authority shall not be","considered a relevant activity within the","meaning of paragraph 1 where all of the","following conditions are met:"],"old":["2. The supply of gas or heat to networks","which provide a service to the public by a","contracting entity other than a contracting","authority shall not be considered a relevant","activity within the meaning of paragraph 1","where all of the following conditions are","met:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"283","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-607","justification":"To promote innovation and economic growth, it is essential that all tenderers compete on an\nequal footing. Discrimination, including on technology or location of production should only\nbe allowed in very exceptional circumstances. Any preferences, whether for certain\ntechnologies, business models, vendors or product origins, stifle innovation and competition\nwith the effect that public bodies cannot select solutions that best match the needs of a given\nprocurement.","location":[["Proposal for a directive","Article 54 \u2013 paragraph 4"]],"meps":[4538,96704,96873],"meta":{"created":"2019-07-03T05:36:35"},"new":["4. Unless justified by the subject-matter of","the contract, technical specifications shall","not refer to a specific make or source, or a","particular process or development or","business model or method, or to trade","marks, patents, types or a specific origin or","production or 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\"."],"old":["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 to trade marks,","patents, types or a specific origin or","production with 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 be","accompanied by the words \u2018or equivalent\u2019."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"607","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-284","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["(a) the production of gas, heat or cooling","by the entity concerned is the unavoidable","consequence of carrying out an activity","other than those referred to in paragraph 1","or in Articles 6 to 8;"],"old":["(a) the production of gas or heat by the","entity concerned is the unavoidable","consequence of carrying out an activity","other than those referred to in paragraph 1","or in Articles 6 to 8;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"284","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-889","justification":"A contractor who was unaware of the contracting authority\u2019s breach of the law should be\nable to claim compensation for any costs incurred in the belief that the contract would be\nhonoured and/or any losses suffered.","location":[["Proposal for a directive","Article 83 \u2013 paragraph 1 \u2013 point c"]],"meps":[28223,96876,96873],"meta":{"created":"2019-07-03T05:36:32"},"new":["(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\u2019s breach of the law may claim","compensation for the losses suffered as a","result of the termination of the contract."],"old":["(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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"889","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-608","location":[["Proposal for a directive","Article 54 \u2013 paragraph 4"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:35"},"new":["4. On an exceptional basis, and only when","justified by the subject-matter of the","contract, technical specifications may refer","to a specific make or source, or a particular","process, types or a specific origin or","production. Such reference shall be","accompanied by the words 'or equivalent'."],"old":["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 to trade marks,","patents, types or a specific origin or","production with 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 be","accompanied by the words \u2018or equivalent\u2019."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"608","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-285","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point a"]],"meps":[37312],"meta":{"created":"2019-07-03T05:36:33"},"new":["(a) the production of gas, heat or cooling","by the entity concerned is the unavoidable","consequence of carrying out an activity","other than those referred to in paragraph 1","or in Articles 6 to 8;"],"old":["(a) the production of gas or heat by the","entity concerned is the unavoidable","consequence of carrying out an activity","other than those referred to in paragraph 1","or in Articles 6 to 8;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"285","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-609","justification":"Where warranted by the contract, providing details of production or process location on\nEuropean Union territory must remain possible.","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 4"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:35"},"new":["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 to trade marks,","patents, types or a specific origin or","production with the effect of favouring or","eliminating certain undertakings or certain","products.","Such reference shall be permitted on an","exceptional basis:","(a) where a sufficiently precise and","intelligible description of the subject-","matter of the contract pursuant to","paragraph 3 is not possible. Such reference","shall be accompanied by the words 'or","equivalent';","(b) where this is warranted by the contract","and the reference relates to the","production or process location on","European Union territory."],"old":["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 to trade marks,","patents, types or a specific origin or","production with 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 be","accompanied by the words \u2018or equivalent\u2019.",""],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"609","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-286","location":[["Proposal for a directive","Article 8 a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:33"},"new":["Article 8a","Postal services","This Directive shall not apply to public","procurement whose main aim is to enable","contracting authorities to ensure the","provision of postal services and of other","services than postal services.","For the purposes of this article, the","following definitions shall apply:","(a) \"postal services\": means services","consisting of the clearance, sorting,","routing and delivery of postal items. This","shall include both services falling within","as well as services falling outside the","scope of the universal service set up in","conformity with Directive 97/67/EC;","(b) \"other services than postal services\":","means services provided in the following","areas:","(i) mail service management services","(services both preceding and subsequent","to despatch, including \"mailroom","management services\");","(ii) added-value services linked to and","provided entirely by electronic means","(including the secure transmission of","coded documents by electronic means,","address management services and","transmission of registered electronic","mail);","(iii) services concerning postal items not","referred to in Article 10(2)(a) of this","Directive such as direct mail bearing no","address;","(iv) financial services, as defined in the","CPV under the reference numbers from","66100000-1 to 66720000-3 and in Article","19(c) and including in particular postal","money orders and postal giro transfers;","(v) philatelic services;","(vi) logistics services (services combining","physical delivery and/or warehousing with","other non-postal functions)."],"old":[""],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"286","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-610","location":[["Proposal for a directive","Article 54 \u2013 paragraph 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["5. Where a contracting entity uses the","option of referring to the specifications","referred to in point (b) of paragraph 3, it","shall not reject a tender on the ground that","the works, supplies and services tendered","for do not comply with the specifications to","which it has referred, once the tenderer","proves in its tender, by appropriate means,","including the means of proof referred to in","Article 56, that the solutions which it","proposes satisfy in an equivalent manner","the requirements defined by the technical","specifications."],"old":["5. Where a contracting entity uses the","option of referring to the specifications","referred to in point (b) of paragraph 3, it","shall not reject a tender on the ground that","the works, supplies and services tendered","for do not comply with the specifications to","which it has referred, once the tenderer","proves in its tender, by whatever","appropriate means, including the means of","proof referred to in Article 56, that the","solutions which it proposes satisfy in an","equivalent manner the requirements","defined by the technical specifications."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"610","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-890","location":[["Proposal for a directive","Article 83 \u2013 paragraph 1 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["Where successive modifications which are","beyond the control of the tenderer render","the public contract impossible to perform,","except for the tying-up of disproportionate","investments, Member States shall ensure","that tenderers can, under the conditions","determined by the applicable national","contract law:","(a) ask for the compensation of any","additional service necessary for the","performance of the contract;","(b) claim for the termination of the","contract."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"890","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-287","justification":" As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\n sector-specific regulation and the evolution of the market, it is no longer necessary to\n regulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\n exclude postal services and all the more so \u201cother services than postal services\u201d, from the\n scope of the Directive and allow all entities operating in the sector to base their decisions on\n purely economic criteria. Since 1997, the postal sector has been increasingly subject to\n competitive pressure. Three milestones in the EU postal acquis are relevant in this respect:\n the first and the second Postal Directives (97/67/EC and 2002/39/EC respectively), which\n followed the 1992 Green Paper, set in motion the process of a controlled liberalisation and\n gradually opened the postal markets to competition.","location":[[" Proposal for a directive","Article 10"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["Article 10","Postal services","1. This Directive shall apply to activities","relating to the provision of:","(a) postal services;","(b) other services than postal services, on","condition that such services are provided","by an entity which also provides postal","services within the meaning of point (b) of","paragraph 2 and provided that the","conditions set out in Article 27(1) are not","satisfied in respect of the services falling","","","within point (b) of paragraph 2.","2. For the purpose of this Directive and","without prejudice to Directive 97/67/EC:","(a) \"postal item\": means an item","addressed in the final form in which it is","to be carried, irrespective of weight. In","addition to items of correspondence, such","items also include for instance books,","catalogues, newspapers, periodicals and","postal packages containing merchandise","with or without commercial value,","irrespective of weight;","(b) \"postal services\": means services","consisting of the clearance, sorting,","routing and delivery of postal items. This","shall include both services falling within","as well as services falling outside the","scope of the universal service set up in","conformity with Directive 97/67/EC;","(c) \"other services than postal services\":","means services provided in the following","areas:","(i) mail service management services","(services both preceding and subsequent","to despatch, including \"mailroom","management services\");","(ii) added-value services linked to and","provided entirely by electronic means","(including the secure transmission of","coded documents by electronic means,","address management services and","transmission of registered electronic","mail);","(iii) services concerning postal items not","referred to in letter (a), such as direct","advertising mail bearing no address;","(iv) financial services, as defined in the","CPV under the reference numbers from","66100000-1 to 66720000-3 and in Article","19(c) and including in particular postal","money orders and postal giro transfers;","(v) philatelic services;","(vi) logistics services (services combining","","","physical delivery and/or warehousing with","other non-postal functions)."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"287","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-611","location":[["Proposal for a directive","Article 54 \u2013 paragraph 6 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["In its tender, the tenderer shall prove by","appropriate means including those referred","to in Article 56, that the supplies, service","or work in compliance with the standard","meets the performance or functional","requirements of the contracting entity."],"old":["In its tender, the tenderer shall prove by","any appropriate means including those","referred to in Article 56, that the supplies,","service or work in compliance with the","standard meets the performance or","functional requirements of the contracting","entity."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"611","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-891","location":[[" Proposal for a directive","Article 83 \u2013 paragraph 1 a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:32"},"new":["Member States shall enjoy a broad","measure of discretion when it comes to","organising the selection of service","providers in the manner they regard as","most appropriate; they shall be free to","provide social or other specific services","themselves or to organise their provision","in another way which does not involve the","conclusion of public contracts, provided","that the arrangements are consistent with","the basic principles of transparency and","non-discrimination."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"891","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-288","location":[[" Proposal for a directive","Article 10"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["Article 10","Postal services","1. This Directive shall apply to activities","relating to the provision of:","(a) postal services;","(b) other services than postal services, on","condition that such services are provided","by an entity which also provides postal","services within the meaning of point (b) of","paragraph 2 and provided that the","conditions set out in Article 27(1) are not","satisfied in respect of the services falling","within point (b) of paragraph 2.","2. For the purpose of this Directive and","without prejudice to Directive 97/67/EC:","(a) \"postal item\": means an item","addressed in the final form in which it is","","to be carried, irrespective of weight. In","addition to items of correspondence, such","items also include for instance books,","catalogues, newspapers, periodicals and","postal packages containing merchandise","with or without commercial value,","irrespective of weight;","(b) \"postal services\": means services","consisting of the clearance, sorting,","routing and delivery of postal items. This","shall include both services falling within","as well as services falling outside the","scope of the universal service set up in","conformity with Directive 97/67/EC;","(c) \"other services than postal services\":","means services provided in the following","areas:","(i) mail service management services","(services both preceding and subsequent","to despatch, including \"mailroom","management services\");","(ii) added-value services linked to and","provided entirely by electronic means","(including the secure transmission of","coded documents by electronic means,","address management services and","transmission of registered electronic","mail);","(iii) services concerning postal items not","referred to in letter (a), such as direct mail","bearing no address;","(iv) financial services, as defined in the","CPV under the reference numbers from","66100000-1 to 66720000-3 and in Article","19(c) and including in particular postal","money orders and postal giro transfers;","(v) philatelic services;","(vi) logistics services (services combining","physical delivery and/or warehousing with","other non-postal functions)."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"288","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-612","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 6 \u2013 subparagraph 2 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting authorities must be able to","control and follow up that the","requirements are fulfilled, during the","tendering process as well as during the","performance of the contract."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"612","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-289","justification":"As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\nsector-specific regulation and the evolution of the market, it is no longer necessary to\nregulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\nexclude postal services and all the more so \u201cother services than postal services\u201d, from the\nscope of the Directive and allow all entities operating in the sector to base their decisions on\npurely economic criteria.","location":[[" Proposal for a directive","Article 10"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["Article 10","Postal services","1. This Directive shall apply to activities","relating to the provision of:","(a) postal services;","(b) other services than postal services, on","condition that such services are provided","by an entity which also provides postal","services within the meaning of point (b) of","paragraph 2 and provided that the","conditions set out in Article 27(1) are not","satisfied in respect of the services falling","within point (b) of paragraph 2.","2. For the purpose of this Directive and","without prejudice to Directive 97/67/EC:","(a) \"postal item\": means an item","addressed in the final form in which it is","to be carried, irrespective of weight. In","addition to items of correspondence, such","items also include for instance books,","catalogues, newspapers, periodicals and","postal packages containing merchandise","with or without commercial value,","irrespective of weight;","(b) \"postal services\": means services","consisting of the clearance, sorting,","routing and delivery of postal items. This","shall include both services falling within","as well as services falling outside the","scope of the universal service set up in","conformity with Directive 97/67/EC;","(c) \"other services than postal services\":","means services provided in the following","areas:","(i) mail service management services","(services both preceding and subsequent","","to despatch, including \"mailroom","management services\");","(ii) added-value services linked to and","provided entirely by electronic means","(including the secure transmission of","coded documents by electronic means,","address management services and","transmission of registered electronic","mail);","(iii) services concerning postal items not","referred to in letter (a), such as direct mail","bearing no address;","(iv) financial services, as defined in the","CPV under the reference numbers from","66100000-1 to 66720000-3 and in Article","19(c) and including in particular postal","money orders and postal giro transfers;","(v) philatelic services;","(vi) logistics services (services combining","physical delivery and/or warehousing with","other non-postal functions)."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"289","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-892","location":[[" Proposal for a directive","Article 83 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:32"},"new":["Article 83a","Monitoring of contract performance and","register of non-compliance","1. Contracting entities may monitor the","performance of the contractor awarded","the contract and, at appropriate stages","during the contract term, carry out an","assessment of performance using a","method 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","within a reasonable timeframe and to","obtain judicial protection.","2. Where an assessment is carried out in","accordance with paragraph 1 and an","economic operator or a subcontractor","appointed for that contract by the","economic operator has been found to","have shown significant or persistent","deficiencies in the performance of any","substantive requirement under the","contract and the economic operator has","not objected to the findings or the","economic operator's objections have not","been validated through seeking judicial","protection, the contracting entity shall","communicate the fact and the necessary","detail of the such an assessment to the","supervisory and administrative authorities","as referred to in Articles 93 and 97.","3. In that case the economic operator","shall be inscribed in an official register of","non-compliance, managed by the","supervisory and administrative authorities","as referred to in Articles 93 and 97.","4. Member States shall ensure that","contracting entities can easily consult the","official registers of non-compliance and","obtain information and assistance with","regard to the application of this Article","through the assistance provided by","supervisory and administrative authorities","as mentioned in Articles 93, 96 and 97."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"892","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-613","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["Where contracting entities lay down in the","technical specifications, the award criteria","or the contract performance clauses,","environmental, social or other requirements","or criteria they may require a specific","label, as means of proof that these works,","services or supplies correspond to such","requirements or criteria provided that all","of the following conditions are fulfilled:"],"old":["Where contracting entities lay down","environmental, social or other","characteristics of a works, service or","supply in terms of performance or","functional requirements as referred to in","point (a) of Article 54 paragraph 3, they","may require that those works, supplies or","","services bear a specific label, provided that","all of the following conditions are fulfilled:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"613","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Adam Bielan, Marek Siwiec","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-290","justification":"As a result of the liberalisation process in the postal sector, the introduction of fully-fledged\nsector-specific regulation and the evolution of the market, it is no longer necessary to\nregulate purchases by entities operating in the postal sector. Therefore, the time is ripe to\nexclude postal services and all the more so \u201cother services than postal services\u201d, from the\nscope of the Directive and allow all entities operating in the sector to base their decisions on\npurely economic criteria.","location":[["Proposal for a directive","Article 10"]],"meps":[23788,28380],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["Article 10","","","Postal services","1. This Directive shall apply to activities","relating to the provision of:","(a) postal services;","(b) other services than postal services, on","condition that such services are provided","by an entity which also provides postal","services within the meaning of point (b) of","paragraph 2 and provided that the","conditions set out in Article 27(1) are not","satisfied in respect of the services falling","within point (b) of paragraph 2.","2. For the purpose of this Directive and","without prejudice to Directive 97/67/EC:","(a) \"postal item\": means an item","addressed in the final form in which it is","to be carried, irrespective of weight. In","addition to items of correspondence, such","items also include for instance books,","catalogues, newspapers, periodicals and","postal packages containing merchandise","with or without commercial value,","irrespective of weight;","(b) \"postal services\": means services","consisting of the clearance, sorting,","routing and delivery of postal items. This","shall include both services falling within","as well as services falling outside the","scope of the universal service set up in","conformity with Directive 97/67/EC;","(c) \"other services than postal services\":","means services provided in the following","areas:","(i) mail service management services","(services both preceding and subsequent","to despatch, including \"mailroom","management services\");","(ii) added-value services linked to and","provided entirely by electronic means","(including the secure transmission of","coded documents by electronic means,","address management services and","transmission of registered electronic","","","mail);","(iii) services concerning postal items not","included in point (a), such as direct mail","bearing no address;","(iv) financial services, as defined in the","CPV under the reference numbers from","66100000-1 to 66720000-3 and in Article","19(c) and including in particular postal","money orders and postal giro transfers;","(v) philatelic services;","(vi) logistics services (services combining","physical delivery and/or warehousing with","other non-postal functions)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"290","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-614","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(a) the requirements to be met in order to","obtain the label only concern criteria","which are linked to the subject-matter of","the contract and are appropriate to define","the characteristics of the works, supplies or","services that are the subject-matter of the","contract;"],"old":["(a) the requirements for the label only","concern characteristics which are linked to","the subject-matter of the contract and are","appropriate to define the characteristics of","the works, supplies or services that are the","subject-matter of the contract;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"614","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-291","location":[["Proposal for a directive","Article 11 \u2013 title"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["Extraction and exploration of oil and gas,","coal or other solid fuels"],"old":["Extraction of oil and gas and exploration","for, or extraction of, coal or other solid","fuels"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"291","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-893","justification":" Linked to the reintroduction of the distinction between A and B services","location":[[" Proposal for a directive","Article 84"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["Article 84","Award of contracts for social and other","specific services","Contracts for social and other specific","services listed in Annex XVII 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)."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"893","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-615","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:36"},"new":["(a) the requirements for the label are","appropriate to define the characteristics of","the works, supplies or services that are the","subject-matter of the contract;"],"old":["(a) the requirements for the label only","concern characteristics which are linked","to the subject-matter of the contract and","are appropriate to define the characteristics","of the works, supplies or services that are","the subject-matter of the contract;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"615","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-292","location":[[" Proposal for a directive","Article 12 \u2013 point a"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["(a) EUR 600 000 for supply and service","contracts as well as for design contests;"],"old":["(a) EUR 400 000 for supply and service","contracts as well as for design contests;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"292","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-616","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(b) the requirements to be met in order to","obtain the label are based on objectively","verifiable and non-discriminatory criteria;"],"old":["(b) the requirements for the label are","drawn up on the basis of scientific","information or based on other objectively","verifiable and non-discriminatory criteria;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"616","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-293","location":[[" Proposal for a directive","Article 12 \u2013 point b"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["(b) EUR 7 500 000 for works contracts;"],"old":["(b) EUR 5 000 000 for works contracts;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"293","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-294","justification":" linked to the reintroduction of the distinction between A and B services","location":[[" Proposal for a directive","Article 12 \u2013 point c"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["(c) EUR 1 000 000 for contracts for social","and other specific services listed in Annex","XVII."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"294","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-894","location":[[" Proposal for a directive","Article 84 \u2013 paragraph 1"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:32"},"new":["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)."],"old":["Contracts for social and other specific","services listed in Annex XVII 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)."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"894","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-617","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all relevant","stakeholders, including consumers,","manufacturers, trade unions, distributors","and environmental and social","organisations have a substantial role.","Government bodies may participate but","are not obligatory;"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government","bodies, consumers, manufacturers,","distributors and environmental","organisations may participate,"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"617","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-295","location":[["Proposal for a directive","Article 12 \u2013 c"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:34"},"new":["(c) EUR 1 000 000 for contracts for social","and other specific services listed in Annex","XVIIa B."],"old":["(c) EUR 1 000 000 for contracts for social","and other specific services listed in Annex","XVII."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"295","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-895","location":[["Proposal for a directive","Article 84 \u2013 paragraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:32"},"new":["Without prejudice to the freedom of the","Member States and/or the contracting","entities to provide social services and","other specific services and to organise","these in a way not involving the award of","a public contract, contracts for social and","other specific services listed in Annex","XVII 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)."],"old":["Contracts for social and other specific","services listed in Annex XVII 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)."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"895","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-618","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors,","and environmental and social","organisations may participate;"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors and","","environmental organisations may","participate;"],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"618","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-296","location":[["Proposal for a directive","Article 12 \u2013 point c"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["(c) EUR 1 500 000 for contracts for social","and other specific services listed in Annex","XVII."],"old":["(c) EUR 1 000 000 for contracts for social","and other specific services listed in Annex","XVII."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"296","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-896","justification":" Linked to the reintroduction of the distinction between A and B services","location":[["Proposal for a directive","Article 85"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["Article 85","Publication of notices","1. Contracting entities intending to award","a contract for the services referred to in","Article 84 shall make known their","intention by means of a contract notice.","2. Contracting entities that have awarded","a contract for the services referred to in","","Article 84 shall make known the results by","means of contract award notice.","3. The notices referred to in paragraphs 1","and 2 shall contain the information","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100.","4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"896","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-297","justification":" Far too bureaucratic.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 9"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:34"},"new":["deleted"],"old":["9. Contracting entities may award","contracts for individual lots without","applying the procedures provided for","under this Directive, provided that the","estimated value net of VAT of the lot","concerned is less than EUR 80 000 for","supplies or services or EUR 1 million for","works. However, the aggregate value of","","the lots thus awarded without applying","this Directive shall not exceed 20 % of the","aggregate value of all the lots into which","the proposed work, the proposed","acquisition of similar supplies or the","proposed purchase of services has been","divided."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"297","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-619","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, trade unions, manufacturers,","distributors and environmental","organisations may participate,"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors and","environmental organisations may","participate,"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"619","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-897","justification":" A specific treatment of services is only justified insofar it applies to all services of the same\n character, legal services \u2013 underlying the same principles of confidentiality should not be\n discriminated.","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["1. Contracting entities intending to award","a contract for the services referred to in","Article 84 shall make known their","intention by means of a contract notice."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"897","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-298","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 9"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:34"},"new":["9. Contracting entities may award contracts","for individual lots without applying the","procedures provided for under this","Directive, provided that the estimated","value net of VAT of the lot concerned is","less than EUR 160 000 for supplies or","services or EUR 2 million for works.","However, the aggregate value of the lots","thus awarded without applying this","Directive shall not exceed 20 % of the","aggregate value of all the lots into which","the proposed work, the proposed","acquisition of similar supplies or the","proposed purchase of services has been","divided."],"old":["9. Contracting entities may award contracts","for individual lots without applying the","procedures provided for under this","Directive, provided that the estimated","value net of VAT of the lot concerned is","less than EUR 80 000 for supplies or","services or EUR 1 million for works.","However, the aggregate value of the lots","thus awarded without applying this","Directive shall not exceed 20 % of the","aggregate value of all the lots into which","the proposed work, the proposed","acquisition of similar supplies or the","proposed purchase of services has been","divided."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"298","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-620","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:36"},"new":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, trade unions,","distributors and environmental","organisations may participate,"],"old":["(c) the labels are established in an open and","transparent procedure in which all","stakeholders, including government bodies,","consumers, manufacturers, distributors and","environmental organisations may","participate,"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"620","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-299","location":[["Proposal for a directive","Article 13 \u2013 paragraph 9"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:34"},"new":["9. Contracting entities may award contracts","for individual lots without applying the","procedures provided for under this","Directive, provided that the estimated","value net of VAT of the lot concerned is","less than EUR 120 000 for supplies or","services or EUR 1 500 000 for works.","However, the aggregate value of the lots","thus awarded without applying this","Directive shall not exceed 30 % of the","aggregate value of all the lots into which","the proposed work, the proposed","acquisition of similar supplies or the","proposed purchase of services has been","divided."],"old":["9. Contracting entities may award contracts","for individual lots without applying the","procedures provided for under this","Directive, provided that the estimated","value net of VAT of the lot concerned is","less than EUR 80 000 for supplies or","services or EUR 1 million for works.","However, the aggregate value of the lots","thus awarded without applying this","Directive shall not exceed 20 % of the","aggregate value of all the lots into which","the proposed work, the proposed","acquisition of similar supplies or the","proposed purchase of services has been","divided."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"299","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-898","location":[["Proposal for a directive","Article 85 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["1. Contracting entities intending to award","a contract for the services referred to in","Article 84 shall make known their","intention by means of a contract notice."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"898","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-621","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point e"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(e) the requirements to be met in order to","obtain the label are set by a third party","which is independent from the economic","operator applying for the label."],"old":["(e) the criteria of the label are set by a","third party which is independent from the","economic operator applying for the label."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"621","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-300","justification":" reintroduction of the distinction between A and B services","location":[["Proposal for a directive","Article 14 a (new)"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:34"},"new":["Article 14a","Arrangements for public service contracts","Contracts which have as their object","services listed in Annex XVIIa, part A,","shall be awarded in accordance with","Articles 38 to 79.","Contracts which have as their object","services listed in Annex XVIIa, part B,","shall be subject solely to Article 54 and","Article 64(1).","Contracts which have as their object","services listed both in Annex XVIIa, part","A, and in Annex XVIIa, part B, shall be","awarded in accordance with Articles 38 to","79 where the value of the services listed in","Annex XVIIa, part A, is greater than the","value of the services listed in Annex","XVIIa, part B. In other cases, contracts","shall be awarded in accordance with","Article 54 and Article 64(1)."],"old":[""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"300","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-899","location":[["Proposal for a directive","Article 85 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:32"},"new":["deleted"],"old":["3. The notices referred to in paragraphs 1","and 2 shall contain the information","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"899","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-301","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:35"},"new":["2. The contracting entities shall notify the","Commission 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."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"301","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-622","justification":" In order not to discriminate those tenderer who invest time and money for certificates or test\n\nreports, the burden for providing equivalence should be placed on the tenderer claiming\nequivalence.","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the specific label","indicated by the contracting entities.","Contracting entities shall accept other","appropriate means of proving such","requirements, which may include a","technical dossier of the manufacturer","where the economic operator concerned","has no access to the label, or no possibility","of obtaining it within the relevant time","limits, provided that the lack of access is","not attributable to the economic operator","concerned. In order not to discriminate","those tenderers who invest time and","money for certificates, the burden for","providing equivalence with a specific label","should be placed on the tenderer claiming","equivalence."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"622","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-900","location":[["Proposal for a directive","Article 85 \u2013 paragraph 3"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:32"},"new":["3. The notices referred to in paragraph 2","shall contain the information referred to in","Annex XVIII in accordance with the","standard model notices."],"old":["3. The notices referred to in paragraphs 1","and 2 shall contain the information","","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"900","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-302","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["1. This Directive shall not apply to","contracts which the contracting entities","award for purposes other than the pursuit","of their activities as described in Articles 5","to 11 and are connected with utility","activities, or for the pursuit of such","activities in a third country, in conditions","not involving the physical use of a network","or geographical area within the Union nor","shall it apply to design contests organised","for such purposes."],"old":["1. This Directive shall not apply to","contracts which the contracting entities","award for purposes other than the pursuit","of their activities as described in Articles 5","to 11 or for the pursuit of such activities in","a third country, in conditions not involving","the physical use of a network or","geographical area within the Union nor","shall it apply to design contests organised","for such purposes."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"302","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-901","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 3"]],"meta":{"created":"2019-07-03T05:36:33"},"new":["3. The notice referred to in paragraph 2","shall contain the information referred to in","Annex XVIII in accordance with the","standard model notices. The Commission","shall establish the standard form. Those","implementing acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100."],"old":["3. The notices referred to in paragraphs 1","and 2 shall contain the information","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"901","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-623","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof.","Precedence shall be given to labels,","technical dossiers or other means of proof","which have been developed, certified or","verified with the involvement of","governmental bodies, or environmental or","social organisations."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"623","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-303","location":[["Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["2. The contracting entities shall notify the","Commission if so requested 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."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"303","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-624","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"624","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-902","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 4"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:33"},"new":["4. The notices referred to in paragraph 2","shall be published in accordance with","Article 65."],"old":["4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"902","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-304","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:35"},"new":["2. The contracting entities shall notify the","Commission 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."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"304","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-625","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels, i.e.","those based on the same assessment","criteria and measurement methods, that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"625","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-903","location":[["Proposal for a directive","Article 85 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["4. The notices referred to in paragraph 1","shall be published in accordance with","Article 65."],"old":["4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"903","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-305","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["(b) arbitration and conciliation services;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"305","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-626","justification":"The use of labels in the process of laying down and applying award criteria must not result in\ndiscriminatory practices aimed at favouring some bidders over others.","location":[[" Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof.","In requiring a specific label, the","contracting entity shall not seek to","discriminate against tenderers in the","procurement procedure."],"old":["Contracting entities requiring a specific","label shall accept all equivalent labels that","fulfil the requirements of the label","indicated by the contracting entities. For","products that do not bear the label,","contracting entities shall also accept a","technical dossier of the manufacturer or","other appropriate means of proof."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"626","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-904","location":[["Proposal for a directive","Article 85 \u2013 paragraph 4"]],"meta":{"created":"2019-07-03T05:36:33"},"new":["4. The notice referred to in paragraph 2","shall be published in accordance with","Article 65."],"old":["4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"904","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-306","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:35"},"new":["(b) arbitration and conciliation services","and any of the following legal services:","(i) legal representation of a client in","judicial proceedings before courts,","tribunals or public authorities 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","with the exercise of official authority."],"old":["(b) arbitration and conciliation services;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"306","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-905","justification":" Linked to the reintroduction of the distinction between A and B services","location":[["Proposal for a directive","Article 86"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["Article 86","Principles of awarding contracts","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 entities to take into account","the specificities of the services in question.","2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation. Member States","may also provide that the choice of the","service provider shall not be made solely","on the basis of the price for the provision","of the service."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"905","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-627","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1 \u2013 subparagraph 2 a (new)"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:36"},"new":["It shall be the responsibility of the","tenderer to prove equivalence with the","label requested."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"627","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-307","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:35"},"new":["(b) arbitration and conciliation services","and the services of lawyers in the form of","legal representation;"],"old":["(b) arbitration and conciliation services;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"307","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-906","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["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 entities to take into account","the specificities of the services in question."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"906","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-308","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:35"},"new":["(b) legal and arbitration and conciliation","services;"],"old":["(b) arbitration and conciliation services;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"308","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-628","location":[["Proposal for a directive","Article 56 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Contracting entities may require that","economic operators provide a test report","from a recognised body or a certificate","issued by such a body as means of proof of","conformity with requirements or criteria","set out in the technical specifications, the","award criteria or the contract","performance clauses."],"old":["Contracting entities may require that","economic operators provide a test report","from a recognised body or a certificate","issued by such a body as means of proof of","conformity with the technical","specifications."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"628","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-907","location":[["Proposal for a directive","Article 86 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:33"},"new":["deleted"],"old":["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 entities to take into account","the specificities of the services in question."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"907","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-309","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:35"},"new":["(b) arbitration and conciliation services,","legal services and notarial services;"],"old":["(b) arbitration and conciliation services;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"309","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-629","location":[[" Proposal for a directive","Article 56 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Where contracting entities require the","submission of certificates drawn up by a","specific assessment body certificates from","equivalent other recognised bodies shall","also be accepted by the contracting entities."],"old":["Where contracting entities require the","submission of certificates drawn up by","recognised bodies attesting conformity","with a particular technical specification,","certificates from equivalent other","recognised bodies shall also be accepted by","the contracting entities."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"629","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-908","location":[["Proposal for a directive","Article 86 \u2013 paragraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:33"},"new":["1. Member States shall put in place rules","for the award of contracts subject to this","Chapter, taking into account principles of","transparency and equal treatment of","economic operators. The rules shall take","into consideration the specificities of the","services in question."],"old":["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 entities to take into account","the specificities of the services in question."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"908","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-310","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:35"},"new":["b) arbitration and conciliation services, or","the actions of a public official who is","obliged to be independent and impartial;"],"old":["b) arbitration and conciliation services;"],"orig_lang":"pl","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"310","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-630","location":[[" Proposal for a directive","Article 56 \u2013 paragraph 2"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["2. Contracting entities shall accept other","appropriate means of proof than those","referred to in paragraph 1, such as a","technical dossier of the manufacturer","where the economic operator concerned","has no access to such certificates or test","reports referred to in paragraph 1, or no","possibility of obtaining them within the","relevant time limits."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"630","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-909","location":[["Proposal for a directive","Article 86 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:33"},"new":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation."],"old":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation. Member States","may also provide that the choice of the","service provider shall not be made solely","on the basis of the price for the provision","of the service."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"909","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-311","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:35"},"new":["(ba) civil protection, disaster protection","and day-to-day risk prevention;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"311","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-910","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:33"},"new":["2. Member States shall ensure that","contracting authorities take into account","the need to ensure high quality, continuity,","accessibility, affordability, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, including disadvantaged and","vulnerable groups, the involvement and","empowerment of users and innovation.","Member States shall provide that the","choice of the service provider shall not be","made solely on the basis of the price for the","provision of the service, but shall take into","account the quality and sustainability","criteria for social services set out above."],"old":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation. Member States","may also provide that the choice of the","service provider shall not be made solely","on the basis of the price for the provision","of the service."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"910","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-631","location":[[" Proposal for a directive","Article 56 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["2. Contracting entities shall accept other","appropriate means of proof than those","referred to in paragraph 1, such as a","technical dossier of the manufacturer","where the economic operator concerned","has no access to such certificates or test","reports referred to in paragraph 1, or no","possibility of obtaining them within the","relevant time limits, provided that the lack","of access is not attributable to the","economic operator concerned. However in","order not to discriminate those tenderers","who invest time and money for certificates","or test reports, the burden for providing","equivalence should be placed on the","tenderer claiming equivalence."],"old":["2. Contracting entities shall accept other","appropriate means of proof than those","referred to in paragraph 1, such as a","technical dossier of the manufacturer","where the economic operator concerned","has no access to such certificates or test","reports referred to in paragraph 1, or no","possibility of obtaining them within the","relevant time limits."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"631","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-312","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b bis (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:35"},"new":["(ba) legal services;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"312","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-911","justification":"The protracted state of insolvency of public authorities in relation to private undertakings\nwhich have performed works and services for them can no longer be tolerated. The\nestablishment of a suitable guarantee instrument to secure the debt which would be owed to\nthe economic operator following the completion of the work could represent an indispensable\ntool to ensure that it was paid.","location":[["Proposal for a directive","Article 86 \u2013 paragraph 2 a (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:33"},"new":["2a. Member States shall ensure that","contracting authorities are fully solvent in","their dealings with economic operators","and that these authorities establish in","advance a suitable guarantee instrument","to secure the operator\u2019s credit."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"911","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-632","location":[["Proposal for a directive","Article 56 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["4. Member States shall make available to","other Member States, upon request, any","information related to the evidence and","documents submitted in accordance with","Article 54(6), Article 55 and paragraphs 1,","2 and 3 of this Article. The competent","authorities of the Member State of","establishment of the economic operator","shall provide this information in","accordance with Article 96."],"old":["4. Member States shall make available to","other Member States, upon request, any","information related to the evidence and","documents submitted in accordance with","Article 54(6), Article 55 and paragraphs 1,","2 and 3 of this Article to prove compliance","with technical requirements. The","competent authorities of the Member State","of establishment shall provide this","information in accordance with Article 96."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"632","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-313","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b b (new)"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:36"},"new":["(bb) contracts to be awarded on the basis","of special or exclusive rights compatible","with the EU Treaties;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"313","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-912","location":[["Proposal for a directive","Article 86 \u2013 paragraph 2 a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:33"},"new":["2a. Member States and/or contracting","authorities shall ensure that economic","operators comply with obligations relating","to social and employment conditions, such","as health and safety at the workplace,","social security and working conditions, as","laid down in EU and national laws,","regulations or administrative provisions,","arbitration rulings, collective agreements","and contracts and the international","labour law provisions listed in Annex","XIV, which apply in the place where the","work, service or supply is performed;","these obligations shall also apply in cross-","border situations, where workers from","one Member State provide services in","another Member State."],"old":["",""],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"912","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-314","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:36"},"new":["(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 Council3, central bank services","and operations conducted with the","European Financial Stability Facility, or","transactions by the contracting authorities","to raise money or capital;"],"old":["(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 and operations","conducted with the European Financial","Stability Facility;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"314","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-913","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2 b (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:33"},"new":["2b. Member States shall ensure that the","provisions on subcontracting, as set out in","Article 81, are observed."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"913","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-633","location":[[" Proposal for a directive","Article 57 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["1. On request from economic operators","interested in obtaining a contract,","contracting entities shall make available","the technical specifications, the award","criteria and the contract performance","clauses regularly referred to in their","supply, works or service contracts, or the","technical specifications which they intend","to apply to contracts for which the call for","competition is a periodic indicative notice.","Those specifications shall be made","available by electronic means through full","direct access free of charge. Contracting","entities may ask under specific","circumstances for name, address or other","means to identify the tenderer."],"old":["1. On request from economic operators","interested in obtaining a contract,","contracting entities shall make available","the technical specifications regularly","referred to in their supply, works or service","contracts, or the technical specifications","which they intend to apply to contracts for","which the call for competition is a periodic","indicative notice. Those specifications shall","be made available by electronic means","through unrestricted and full direct access","free of charge."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"633","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-315","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:36"},"new":["(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, operations","conducted with the European Financial","Stability Facility and transactions to","enable contracting authorities to raise","money or capital;"],"old":["(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 and operations","conducted with the European Financial","Stability Facility;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"315","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-914","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2 c (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:33"},"new":["2c. When choosing the service provider,","Member States may consider using","reserved contracts in accordance with","Article 31."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"914","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-634","justification":"There might be needs to prove for example the tenderers' data (name, address etc.)","location":[[" Proposal for a directive","Article 57 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["2. Where the technical specifications are","based on documents available by electronic","means through full direct access free of","charge to interested economic operators,","the inclusion of a reference to those","documents shall be sufficient."],"old":["2. Where the technical specifications are","based on documents available by electronic","means through unrestricted and full direct","access free of charge to interested","economic operators, the inclusion of a","reference to those documents shall be","sufficient."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"634","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-915","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2 d (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:33"},"new":["2d. Contracting authorities may reserve","specific contracts for non-profit-making","organisations which specialise in","providing social services, provided that","the basic principles of transparency and","equal treatment are observed."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"915","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-316","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:36"},"new":["(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;"],"old":["(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 and operations","conducted with the European Financial","Stability Facility;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"316","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-635","location":[["Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Contracting entities shall take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities as long","as they are linked to the subject matter of","the contract."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"635","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-916","location":[["Proposal for a directive","Article 86 \u2013 paragraph 2 e (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:34"},"new":["2e. Member States shall ensure that the","grounds for exclusion set out in Article 55","of Directive 2004/18/EC are applied."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"916","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-636","location":[["Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:37"},"new":["Tenderers may submit variants along with","a basic proposal."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"636","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-317","justification":"If competitive tendering were to be mandatory for loans taken out by public authorities,\npublic financing procedures would be less practicable and more costly. The derogation for\nfinancial services should therefore also cover investments and transactions designed to\nenable contracting authorities to raise money or capital.","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:36"},"new":["(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;"],"old":["(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 and operations","conducted with the European Financial","Stability Facility;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"317","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-917","location":[["Proposal for a directive","Article 89 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:34"},"new":["The information on the outcome of the","contest will be released, unless the release","would impede law enforcement or be","contrary to the public interest."],"old":["Where release of information on the","outcome of the contest would impede law","enforcement or otherwise be contrary to","the public interest or would prejudice the","legitimate commercial interests of a","particular economic operator, public or","private, including the interests of the","economic operator to whom the contract","has been awarded, or might prejudice fair","competition between economic operators,","","such information may be withheld from","publication."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"917","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-637","location":[["Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meta":{"created":"2019-07-03T05:36:37"},"new":["Contracting entities shall in principle","allow tenderers to submit variants. If the","contracting entities do not wish to allow","the submission of variants, they shall","indicate this 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. Without","such indication, variants shall be","authorised ."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"637","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-918","location":[[" Proposal for a directive","Title 4 \u2013 title"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["ENFORCEMENT, REPORTING AND","ADMINISTRATIVE COOPERATION"],"old":["GOVERNANCE"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"918","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-318","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c a (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:36"},"new":["(ca) transactions to enable contracting","authorities to raise money or capital,","make investments or finance","procurement;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"318","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-638","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:37"},"new":["Contracting authorities may prohibit","tenderers from submitting variants."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"638","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-919","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["1. In order to effectively ensure correct","and efficient implementation, Member","States shall make sure that at least the","tasks set out in this Article are performed","by one or more authorities or structures.","They shall indicate to the Commission all","authorities or structures competent for","these tasks."],"old":["In conformity with Council Directive","92/13/EEC, Member States shall ensure","correct application of this Directive by","effective, available and transparent","mechanisms which complement the","system in place for the review of decisions","taken by contracting entities."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"919","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-319","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point d"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(d) employment contracts including the","secondment of temporary personnel;"],"old":["(d) employment contracts;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"319","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-639","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph -1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:37"},"new":["A variant shall be an alternative method","of design, execution or funding of the","contract.","Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities."],"old":["Contracting entities may take account of","variants which are submitted by a tenderer","and meet the minimum requirements","specified by the contracting entities.","",""],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"639","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-920","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1 a (new)"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:34"},"new":["Member States shall ensure that","contracting authorities can easily obtain","information and assistance with regard to","the application of this Article through the","supervisory and administrative authorities","provided for in Article 93 and 97."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"920","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-320","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point d"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:36"},"new":["(d) employment contracts and mandatory","social protection arrangements;"],"old":["(d) employment contracts;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"320","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-921","location":[["Proposal for a directive","Article 92 \u2013 paragraph 1 a (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["2. Member States shall ensure that the","application of public procurement rules is","monitored including the implementation","of projects co-financed by the Union with","a view to detecting threats to the financial","interests of the Union. This monitoring","shall be used to prevent, detect and","adequately report possible instances of","procurement fraud, corruption, conflict of","interest and other serious irregularities.","Where monitoring authorities or","structures identify specific violations or","systemic problems, they shall be","empowered to refer those problems to","national auditing authorities, courts or","tribunals or other appropriate authorities","or structures, such as the ombudsman,","national Parliaments or committees","thereof."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"921","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-640","location":[["Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["Contracting entities shall indicate in the","specifications whether or not they","authorise variants and, if so, the","minimum requirements to be met by the","variants and any specific requirements for","their presentation. Where variants are","authorised, 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"640","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-922","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1 b (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["3. The results of the monitoring activities","pursuant to paragraph 2 shall be made","available to the public through","appropriate means of information. In","particular, Member States shall publish,","at least biennially, an overview of the","most frequent sources of wrong","application or of legal uncertainty,","including possible structural or recurring","problems in the application of the rules,","hereunder possible cases of fraud and","other illegal behaviours.","Member States shall transmit to the","Commission on a biennial basis, a general","overview of their national sustainable","procurement policies, describing the","relevant national action plans and","initiatives and, where known, their","practical implementation. They shall also","indicate the success rate of SMEs in","public procurement; where it is lower","than 50 % in terms of values of contracts","awarded to SMEs, Member States shall","indicate whether any initiatives are in","place to increase this success rate.","On the basis of the data received, the","Commission shall regularly issue a report","on the implementation and best practices","of such policies in the Internal Market."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"922","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-321","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point d a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(da) civil protection, emergency","preparedness and response and","emergency medical services;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"321","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-641","location":[["Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracting entities shall indicate in the","specifications whether or not they authorise","variants and, if so, the minimum","requirements to be met by the variants and","any specific requirements for their","presentation. Variants shall not be rejected","without such indication."],"old":["Contracting entities shall indicate in the","specifications whether or not they authorise","variants and, if so, the minimum","requirements to be met by the variants and","any specific requirements for their","presentation. Where variants are","","authorised, 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"641","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-923","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1 c (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["4. Any person or body which does not","have access to review procedures","pursuant to Council Directive 92/13/EEC","shall be given the possibility to indicate","possible violations of this Directive to a","competent authority or structure which","shall duly consider any sufficiently","substantiated complaint and take","appropriate measures subject to powers","and competences provided for in national","law."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"923","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-322","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point f"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(f) contracts for transmission and","distribution of media service;"],"old":["(f) contracts for broadcasting time that are","awarded to broadcasters."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"322","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-924","location":[["Proposal for a directive","Article 92 \u2013 paragraph 1 d (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["5. Member States shall ensure that","guidance on the interpretation and","application of the Union public","procurement law is available free of","charge to assist contracting authorities","and economic operators in correctly","applying the Union public procurement","rules."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"924","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-642","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracting entities shall indicate in the","specifications 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."],"old":["Contracting entities shall indicate in the","specifications whether or not they","authorise variants and, if so, the minimum","requirements to be met by the variants and","any specific requirements for their","presentation. Where variants are","authorised, 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"642","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-323","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point f a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["(fa) contracts for the supply of goods or","the provision services which are subject","by law to a fixed price and in relation to","which a public procurement procedure","ipso facto holds no value."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"323","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-925","location":[["Proposal for a directive","Article 92 \u2013 paragraph 1 e (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["6. Member States shall, without prejudice","to the general procedures and working","methods established by the Commission","for its communications and contacts with","Member States, designate a contact point","for cooperation with the Commission as","regards 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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"925","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-643","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracting entities shall indicate in the","specifications whether or not variants are","banned. Where no such indication is","made, it shall be understood that variants","are authorised.","Where variants are not prohibited,","contracting entities shall specify 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."],"old":["Contracting entities shall indicate in the","specifications whether or not they","authorise variants and, if so, the minimum","requirements to be met by the variants and","any specific requirements for their","","presentation. Where variants are","authorised, 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"643","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk, Adam Bielan, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-324","justification":" This is a compromise solution to not have to reinstate Part B services. The AM introduces\n more exemptions from the applicability of the Directives while maintaining the new Article on\n Social and other Services, which is broadened as part of the same exercise with furthermore a\n doubled threshold.","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point f a (new)"]],"meps":[4538,96704,23788,96873],"meta":{"created":"2019-07-03T05:36:36"},"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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"324","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-926","location":[[" Proposal for a directive","Article 92 \u2013 paragraph 1 f (new)"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:34"},"new":["7. Contracting authorities shall, at least","for the duration of the contract, keep","copies 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.","They shall grant access to these contracts","in accordance with any applicable rules","on access to documents and data","protection."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"926","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-927","location":[["Proposal for a directive","Article 92 a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:34"},"new":["Article 92a","Where an economic operator or a","subcontractor appointed for a contract","has been found to have shown significant","or persistent deficiencies in the","performance of any substantive","requirement under the contract, the","contracting authority shall communicate","the facts and the necessary details to the","supervisory and to the administrative","authorities referred to in Articles 93 and","97."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"927","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-644","location":[["Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["2. In procedures for awarding supply or","service contracts, contracting entities that","have authorised variants shall 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"644","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-325","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:36"},"new":["This Directive shall not apply to public","service contracts awarded by a","contracting authority to another","contracting authority or to an association","of contracting authorities on the basis of","an exclusive right which they enjoy","pursuant to a published law, regulation or","administrative provision which is","compatible with the Treaty on the","Functioning of the European Union."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"325","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-928","location":[["Proposal for a directive","Article 92 a (new)"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:34"},"new":["Article 92a","Register of non-compliance","1. If an economic operator violates the","conditions set out in the contract, in","particular regarding social and","employment protection and working","conditions and subcontracting, it shall be","inscribed in a register of non-compliance","of public procurement rules.","2. The register of non-compliance shall be","processed and updated regularly by the","supervisory and administrative authorities","mentioned in Article 93. Contracting","entities shall have the right and the","obligation to consult the register before","awarding a public contract."],"old":[""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"928","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-645","justification":" To encourage innovative products and production methods variants are one of the best\n instruments; their use should be encouraged and not hindered.","location":[["Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. In procedures for awarding supply or","service contracts, contracting entities shall","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."],"old":["2. In procedures for awarding supply or","service contracts, contracting entities that","have authorised variants shall 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."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"645","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-326","location":[["Proposal for a directive","Article 19 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["The audiovisual media services referred to","in point (f) of the first paragraph shall","include any transmission and distribution","using any form of electronic network."],"old":["The broadcasting referred to in point (f) of","the first paragraph shall include any","transmission and distribution using any","form of electronic network."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"326","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-929","location":[[" Proposal for a directive","Article 92 b (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:34"},"new":["Article 92b","Non-compliance register","If an economic operator breaches the","conditions set out in the contract, in","particular regarding social and","employment protection, working","conditions and subcontracting, its name","shall be entered in a non-compliance","register. Inclusion in a non-compliance","register shall be a ground for exclusion."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"929","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc TARABELLA","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-930","location":[[" Proposal for a directive","Article 93"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:34"},"new":["Article deleted"],"old":["Article 93"],"orig_lang":"nl","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"930","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-327","justification":" To reintroduce Article 25 from the current Directive 2004/17/EC. This Article is important for\n operations of services of general economic interest it excludes public service contracts that\n are based on an exclusive right enshrined in public law, regulations or administrative\n provision, compatible with the Treaty. The ECJ has applied this provision in C-360/96.","location":[["Proposal for a directive","Article 19 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Article 19a","Service contracts awarded on the basis of","exclusive rights","This Directive shall not apply to service","contacts awarded to an entity which is","itself a contracting authority within the","meaning of Article 2(1) or to an","association of contracting authorities on","the basis of an exclusive right which they","enjoy pursuant to a published law,","regulation or administrative provision","which is compatible with the Treaty."],"old":[""],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"327","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-646","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. In procedures for awarding supply or","service contracts, contracting entities shall","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."],"old":["2. In procedures for awarding supply or","service contracts, contracting entities that","have authorised variants shall 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"646","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-931","location":[["Proposal for a directive","Article 93"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["Article 93","Public oversight","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 entities 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 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) 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 entities and in","particular by central purchasing bodies;","(b) providing legal advice to contracting","entities 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 applying","comprehensive, actionable 'red flag'","indicator systems to prevent, detect and","adequately report instances of","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 entities, 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 92/13/EEC.","Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity.","4. 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 the 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.","5. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities'","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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,","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 supply","contracts or service contracts;","(b) 10 000 000 EUR in the case of 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 mentioned in","paragraph 2."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"931","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-647","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. In procedures for awarding supply or","service contracts, contracting entities that","have not banned variants 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."],"old":["2. In procedures for awarding supply or","service contracts, contracting entities that","have authorised variants shall 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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"647","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-932","justification":" In line with the alternative proposals regarding governance tabled in separate amendments.\n This amendment deletes Article 93 on Public Oversight entirely. Mandating one single\n national oversight body in each Member State would breach the principle of subsidiarity and\n would be impossible to implement for those Member States with devolved administrations or\n federal structures.","location":[["Proposal for a directive","Article 93"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["Article 93","Public oversight","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 entities 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 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) 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 entities and in","particular by central purchasing bodies;","(b) providing legal advice to contracting","entities 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 applying","comprehensive, actionable 'red flag'","indicator systems to prevent, detect and","adequately report instances of","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 entities, 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 92/13/EEC.","Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity.","4. 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 the 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.","5. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities'","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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,","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 supply","contracts or service contracts;","(b) 10 000 000 EUR in the case of 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 mentioned in","paragraph 2."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"932","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-328","location":[[" Proposal for a directive","Article 19 b (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Article 19b","Specific Regimes to deliver SGI","This Directive shall not apply to tried and","tested Member State procedures that are","based on the user\u00b4s free choice of service","providers (i.e. voucher system, free choice","model, triangular relationship) as well as","the principle that all providers which are","able to comply with the conditions","previously laid down by law should,","irrespective of their legal form, be","permitted to provide services, provided","that account is taken of the general","principles of equal treatment,","transparency and non-discrimination."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"328","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-648","location":[["Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:38"},"new":["To facilitate greater access to public","procurement by small and medium-sized","enterprises, public contracts may be","subdivided into homogenous or","heterogeneous lots. Article 13(7) applies.","For contracts with a value equal to and","over EUR 1 000 000, contracting","authorities shall provide a justification for","not sub-dividing the contract into lots in","the contract notice or in the invitation to","confirm interest."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots. Article","13(7) applies."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"648","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-933","justification":"Proposed regulation will significantly raise administrative burden on the side of Member\nStates. Moreover, it will influence internal organisation of administration in Member States.\nDecisions with regard of activities to be undertaken in order to ensure correct application of\nthe directive and responsible institutions should be left to the discretion of Member States.","location":[[" Proposal for a directive","Article 93"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["Article 93","Public oversight","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 entities 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 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) 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 entities and in","particular by central purchasing bodies;","","","(b) providing legal advice to contracting","entities 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 applying","comprehensive, actionable 'red flag'","indicator systems to prevent, detect and","adequately report instances of","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 entities, 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 92/13/EEC.","Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity.","4. 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 the 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.","5. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities'","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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,","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 supply","contracts or service contracts;","(b) 10 000 000 EUR in the case of 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 mentioned in","paragraph 2."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"933","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-329","location":[["Proposal for a directive","Article 19 c (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Article 19 c","Service concessions","Without prejudice to the application of","Article 19a, this Directive shall not apply","to service concessions as defined in","Article 2(23a)."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"329","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-649","location":[["Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meta":{"created":"2019-07-03T05:36:38"},"new":["With a view to maximising competition,","and unless the subject-matter of the","contract makes division on the basis of the","nature of the services involved impossible,","the contracting entity shall award the","contract in separate lots. If the contract","cannot be split into lots because its","subject-matter makes division on the basis","of the nature of the services involved","impossible, the contracting authority shall","provide in the contract notice or in the","invitation to confirm interest a specific","explanation of its reasons."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots.","Article 13(7) applies."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"649","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-934","location":[["Proposal for a directive","Article 93"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:35"},"new":["Article deleted"],"old":["Article 93"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"934","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-330","location":[["Proposal for a directive","Title 1 \u2013 chapter 3 \u2013 section 2 \u2013 subsection 2 \u2013 title"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["Special cooperation (Controlled entities,","cooperation, affiliated undertakings and","joint ventures)"],"old":["Special relations (Controlled entities,","cooperation, affiliated undertakings and","joint ventures)"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"330","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-650","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracts may be divided into lots. ."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots.","Article 13(7) applies."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"650","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-935","location":[[" Proposal for a directive","Article 93"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["Article 93","Public oversight","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 entities 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 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) 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 entities and in","particular by central purchasing bodies;","(b) providing legal advice to contracting","entities 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 applying","comprehensive, actionable 'red flag'","indicator systems to prevent, detect and","adequately report instances of","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 entities, 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 92/13/EEC.","Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity.","4. 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 the 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.","5. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities'","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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,","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 supply","contracts or service contracts;","(b) 10 000 000 EUR in the case of 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 mentioned in","paragraph 2."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"935","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-331","location":[["Proposal for a directive","Article 21 \u2013 paragraph -1 (new)"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:37"},"new":["-1. The establishment of a wholly public","structure to manage services of general","economic interest or social services shall","be a public authority prerogative falling","within the exclusive sphere of competence","of Member States."],"old":["",""],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"331","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski, Herbert Dorfmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-651","justification":"It seems to be sufficient to oblige contracting authorities to inform, in the contract notice or in\nthe invitation to confirm interest, about its decision not to split contract into lots. Contracting\nauthorities should not be required to provide specific explanations of its reasons. It is not\nclear what would be added value of such a requirement. The wording of second\nsubparagraph has been adjusted for the sake of clarification.","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28275,96773,96787],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracts may be subdivided into lots.","Article 13 (7) applies."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots.","","Article 13(7) applies."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"651","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-936","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["1. Member States shall ensure the","oversight and coordination of","implementation activities."],"old":["1. Member States shall appoint a single","independent body responsible for the","oversight and coordination of","implementation activities (hereinafter \u2018the","oversight body\u2019). Member States shall","","inform the Commission of their","designation."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"936","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-652","location":[["Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracts may be subdivided into","homogenous or heterogeneous lots. For","contracts the value of which is equal to or","exceeds the thresholds laid down in","Article 12, the contracting entity shall","provide, in the contract notice or in the","invitation to confirm interest, specific","clarification of its reasons relating to the","decision on whether or not to divide the","contract into lots. Article 13(7) applies."],"old":["Contracts may be subdivided into","homogenous or heterogeneous lots. Article","13(7) applies."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"652","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-937","location":[["Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["3. The competent authorities shall be","responsible for the following tasks:"],"old":["3. The oversight body shall be responsible","for the following tasks:"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"937","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-332","justification":" Clarification of the criteria which are used to define \u2018in-house' contracts and which justify the\n exclusion of such contracts from the scope of the directive. (The rest of the justification does\n not apply to the English version.)","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:37"},"new":["(a) the contracting authority exercises over","the legal person concerned a control which","is similar to that which it exercises over its","own departments, i.e. it exercises a","decisive influence over both strategic","objectives and significant decisions of the","controlled legal person. With a view to","determining whether such control is being","exercised, account may also be taken of","factors such as the level of representation","on administrative, management or","supervisory bodies, specifications relating","thereto in the articles of association or the","ownership arrangements;"],"old":["(a) the contracting authority exercises over","the legal person concerned a control which","is similar to that which it exercises over its","own departments;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"332","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-653","location":[["Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["Contracting entities shall indicate, in the","contract notice, in the invitation to","","","confirm interest, or, where the means of","calling for competition is a notice on the","existence of a qualification system, in the","invitation to tender or to negotiate,","whether tenders are limited to one or","more lots only."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"653","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-938","location":[["Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point a"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:35"},"new":["(a) monitoring the correct application of","public procurement rules and of the rules","on social and employment protection and","working conditions by the economic","operator awarded the contract and by its","subcontractors, including the related","practice by contracting authorities and in","particular by central purchasing bodies;"],"old":["(a) monitoring the application of public","procurement rules and the related practice","by contracting entities and in particular by","central purchasing bodies;"],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"938","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-333","justification":"Clarification of the criteria which are used to define \u2018in-house\u2019 contracts: the phrase \u201890 % of\nthe activities\u2019 clarifies one of the terms used in the case law of the CJEU (\u2018most of the\nactivities\u2019) but not the other, hence the proposal to include the phrase \u201890 % of the average\ntotal turnover\u2019.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) at least 90 % of the average total","turnover of that legal person is generated","by means of activities carried out for the","controlling contracting authority or for","other legal persons controlled by that","contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"333","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-654","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:38"},"new":["Contracting entities shall indicate, in the","contract notice or in the invitation to","confirm interest, whether the contract is","limited to one or more lots only. They shall","be free to determine the number of lots,","taking into account in particular the","technical characteristics of the services","requested, the structure of the economic","sector concerned, and, where necessary,","the rules applicable to given professions."],"old":["Contracting entities shall indicate, in the","contract notice, in the invitation to confirm","interest, or, where the means of calling for","competition is a notice on the existence of","a qualification system, in the invitation to","tender or to negotiate, whether tenders are","limited to one or more lots only."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"654","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-939","location":[["Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point f a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:35"},"new":["(fa) examining the reports sent to them by","the contracting entities that intend to","resort to a negotiated procedure without","publication;"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"939","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski, Herbert Dorfmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-655","justification":"It seems to be sufficient to oblige contracting authorities to inform, in the contract notice or in\nthe invitation to confirm interest, about its decision not to split contract into lots. Contracting\nauthorities should not be required to provide specific explanations of its reasons. It is not\nclear what would be added value of such a requirement. The wording of second\nsubparagraph has been adjusted for the sake of clarification.","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275,96773,96787],"meta":{"created":"2019-07-03T05:36:38"},"new":["Where the contracting entity limits the","possibility to tender to one or more lots it","shall indicate it in the contract notice, in","the invitation to confirm interest or, where","the means of calling for competition is a","notice on the existence of a qualification","system, in the invitation to tender or to","negotiate, or in the procurement","documents"],"old":["Contracting entities shall indicate, in the","contract notice, in the invitation to confirm","interest, or, where the means of calling for","competition is a notice on the existence of","a qualification system, in the invitation to","","tender or to negotiate, whether tenders are","limited to one or more lots only."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"655","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-334","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["(b) at 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 authority;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"334","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-940","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point g a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:35"},"new":["(ga) management of the official register","of non-compliance as laid down in Article","83a."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"940","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel, Birgit Collin-Langen, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-656","justification":"Simplification of procurement rules.","location":[["Proposal for a directive","Article 59 \u2013 paragraph 2"]],"meps":[28223,96876,112788,96756],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["2. Contracting entities may, even where","the possibility to tender for all lots has","been indicated, limit the number of lots","that may be awarded to a tenderer","provided that the maximum number is","stated in the contract notice or in the","invitation to confirm interest. Contracting","entities shall determine and indicate in","the procurement documents the objective","and non-discriminatory criteria or rules","for awarding the different lots where the","application of the chosen award criteria","would result in the award to one tenderer","of more lots than the maximum number."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"656","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-335","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) at least 80 % of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authority or for other legal persons","controlled by that contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"335","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-657","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 2"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:39"},"new":["2. Candidates may not submit different","tenders for differing numbers of lots.","Contracting entities shall limit the number","of lots that may be awarded to a tenderer","provided that the maximum number is","stated in the contract notice or in the","invitation to confirm interest. Contracting","authorities shall determine and indicate in","the procurement documents the objective","and non-discriminatory criteria or rules for","awarding the different lots."],"old":["2. Contracting entities may, even where","the possibility to tender for all lots has","been indicated, limit the number of lots","that may be awarded to a tenderer provided","that the maximum number is stated in the","contract notice or in the invitation to","confirm interest. Contracting entities shall","determine and indicate in the procurement","documents the objective and non-","discriminatory criteria or rules for","awarding the different lots where the","application of the chosen award criteria","would result in the award to one tenderer","of more lots than the maximum number."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"657","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-336","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) at least 85 % of the activities of that","legal person are carried out for the","controlling contracting authority or for","other legal persons controlled by that","contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"336","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-941","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for","the review of contracting entities'","decisions where it has detected a violation","in the course of its monitoring and legal","advising activity."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"941","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-337","justification":"The proposal combines the CJEU\u2019s relevant finding in its judgment in Case C-107/98 with a\n\u2018safe-harbour clause\u2019 which makes it possible to assume, on a falsifiable basis, that an in-\nhouse activity is involved.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[28223,96876,96873],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) that legal 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;"],"old":["(b) at 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 authority;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"337","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel, Birgit Collin-Langen, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-658","justification":"Simplification of procurement rules.","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 3"]],"meps":[28223,96876,112788,96756],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["3. Where more than one lot may be","awarded to the same tenderer, contracting","entities may provide that they will either","award a contract per lot or one or more","contracts, covering several or all lots.","Contracting entities shall specify in the","procurement documents whether they","reserve the right to make such a choice","and, if so, which lots may be grouped","together under one contract.","Contracting entities shall first determine","the tenders fulfilling best the award","","criteria set out pursuant to Article 76 for","each individual lot. They may award a","contract for more than one lot to a","tenderer that is not ranked first in respect","of all individual lots covered by this","contract, provided that the award criteria","set out pursuant to Article 76 are better","fulfilled with regard to all the lots covered","by that contract. Contracting entities shall","specify the methods they intend to use for","such comparison in the procurement","documents. Such methods shall be","transparent, objective and non-","discriminatory."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"658","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-338","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) at least 80 % of the activities of that","legal person are carried out for the","controlling contracting authority or for","other legal persons controlled by that","contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"338","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-659","justification":" This paragraph could lead to contrary of what is the aim of the proposal, namely to enable\n better access of SMEs to public contracts, as it may lead to aggregation of procurement,\n excluding therefore SMEs.","location":[["Proposal for a directive","Article 59 \u2013 paragraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["3. Where more than one lot may be","awarded to the same tenderer, contracting","entities may provide that they will either","award a contract per lot or one or more","contracts, covering several or all lots.","Contracting entities shall specify in the","procurement documents whether they","reserve the right to make such a choice","and, if so, which lots may be grouped","together under one contract.","Contracting entities shall first determine","the tenders fulfilling best the award","criteria set out pursuant to Article 76 for","each individual lot. They may award a","contract for more than one lot to a","","","tenderer that is not ranked first in respect","of all individual lots covered by this","contract, provided that the award criteria","set out pursuant to Article 76 are better","fulfilled with regard to all the lots covered","by that contract. Contracting entities shall","specify the methods they intend to use for","such comparison in the procurement","documents. Such methods shall be","transparent, objective and non-","discriminatory."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"659","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-942","location":[["Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["The competent authorities may seize the","jurisdiction competent according to","national law for the review of contracting","entities\u2019 decisions where it has detected a","violation in the course of its monitoring","and legal advising activity."],"old":["Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for the","review of contracting entities\u2019 decisions","where it has detected a violation in the","course of its monitoring and legal advising","activity."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"942","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-339","justification":"The in-house exception should be limited to a minimum in order to safeguard competition and\n\n to ensure legal certainty. In line with amendments on article 11 in the general directive.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meta":{"created":"2019-07-03T05:36:38"},"new":["(b) all the activities of that legal person are","carried out for the controlling contracting","authority or for other legal persons","controlled by that contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"339","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-660","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["Where more than one lot may be awarded","to the same tenderer, contracting entities","may provide that they will either award a","contract per lot or one or more contracts,","covering several or all lots."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"660","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-340","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:38"},"new":["(b) at least 80 % of the activities of that","legal person which are covered by the","contract are carried out for the controlling","contracting authority or for other legal","persons controlled by that contracting","authority;"],"old":["(b) at 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 authority;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"340","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-661","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["Contracting entities shall specify in the","procurement documents whether they","reserve the right to make such a choice","and, if so, which lots may be grouped","together under one contract."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"661","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-943","location":[["Proposal for a directive","Article 93 \u2013 paragraph 4 \u2013 subparagraph 1"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["4. Without prejudice to the general","procedures and working methods","established by the Commission for its","communications and contacts with","Member States, the competent authorities","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."],"old":["4. 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"943","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-341","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:38"},"new":["(b) essential part of the activities of that","legal person are carried out for the","controlling contracting authority or for","other legal persons controlled by that","contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"341","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-662","location":[["Proposal for a directive","Article 59 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["Contracting entities shall first determine","the tenders fulfilling best the award","criteria set out pursuant to Article 76 for","each individual lot. They may award a","contract for more than one lot to a","tenderer that is not ranked first in respect","of all individual lots covered by this","contract, provided that the award criteria","set out pursuant to Article 76 are better","fulfilled with regard to all the lots covered","by that contract. Contracting entities shall","specify the methods they intend to use for","such comparison in the procurement","documents. Such methods shall be","transparent, objective and non-","discriminatory."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"662","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-944","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 4 \u2013 subparagraph 2"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["The Commission may in particular refer","to the oversight body the treatment of","individual cases where the 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"944","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-342","justification":"There has to be a clear distinction between public-public cooperation and public-private\npartnerships. However in some Member States private participation might be an obligation\nenforced by law.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["(c) there is no private participation in the","controlled legal person, with the exception","of legally enforced forms or private","participation."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"342","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-663","location":[["Proposal for a directive","Article 59 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["Contracting entities shall first determine","the tenders fulfilling best the award","criteria set out pursuant to Article 76 for","each individual lot. They may award a","contract for more than one lot to a","tenderer that is not ranked first in respect","of all individual lots covered by this","contract, provided that the award criteria","set out pursuant to Article 76 are better","fulfilled with regard to all the lots covered","by that contract. Contracting entities shall","specify the methods they intend to use for","such comparison in the procurement","documents. Such methods shall be","transparent, objective and non-","discriminatory."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"663","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-343","justification":"In some Member States, in response to historical developments and arrangements which have\ngrown up organically, the law makes provision for private participation. These forms of\ncooperation should still be possible, but all other types of private participation should be\nruled out, in keeping with the relevant CJEU judgments.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[28223,96876],"meta":{"created":"2019-07-03T05:36:38"},"new":["(c) unless the laws of the Member States","concerned provide otherwise, there is no","private participation in any of the","contracting authorities involved."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"343","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-945","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 4 \u2013 subparagraph 3"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["deleted"],"old":["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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"945","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-664","justification":" The value of a contract is determined by the very nature and scale of the goods, works or\n services procured. Why a contract is valued above \u20ac500,000 will be self-evident according the\n subject matter. It is therefore an unnecessary administrative burden, and an exaggerated\n duty, for contracting authorities to have to explain and give reasons in every larger contract\n\nwhy the contract has a value above \u20ac500,000 and has not been disaggregated.","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["4. Contracting entities may require that","all contractors coordinate under the","direction of the economic operator to","which a lot involving the coordination of","the entire project or its relevant parts has","been awarded."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"664","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-344","justification":" Private investors can only influence management decisions if they hold more than 50% of the\n voting shares of the controlled legal person. This amendment is to enable pure capital\n investments without affecting the exemption of in-house procurement and horizontal\n cooperation.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["(c) the private participation in the","controlled legal person does not exceed","50 % of its voting shares."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"344","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-946","location":[["Proposal for a directive","Article 93 \u2013 paragraph 5"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:35"},"new":["5. The investigation and enforcement","activities carried out by the competent","authorities to ensure that contracting","entities\u2019 decisions comply with this","Directive and the general principles of the","Treaty on the Functioning of the European","Union 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, it shall also retain the","right to intervene in accordance with the","powers conferred to it by the Treaty."],"old":["5. The investigation and enforcement","activities carried out by the oversight body","to ensure that contracting entities\u2019","decisions comply with this Directive and","the general principles of the Treaty on the","Functioning of the European Union 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, it","shall also retain the right to intervene in","accordance with the powers conferred to it","by the Treaty."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"946","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel, Birgit Collin-Langen, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-665","justification":"Simplification of procurement rules.","location":[["Proposal for a directive","Article 59 \u2013 paragraph 4"]],"meps":[28223,96876,112788,96756],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["4. Contracting entities may require that","all contractors coordinate under the","direction of the economic operator to","which a lot involving the coordination of","the entire project or its relevant parts has","been awarded."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"665","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-947","justification":" A comprehensive publication requirement would lead to the disclosure of even the most minor\n commercial details of certain contracts, with the result that the know-how such contracts\n contain in the form of trade secrets would be made available to third parties, in some cases in\n breach of the rules on confidentiality. However, such a requirement would not make for\n greater transparency, since the contract award decision ends the procurement procedure.","location":[["Proposal for a directive","Article 93 \u2013 paragraph 6"]],"meps":[28223,96876],"meta":{"created":"2019-07-03T05:36:36"},"new":["deleted"],"old":["6. Contracting authorities shall transmit","to the national oversight body the full text","of all concluded contracts with a a value","equal to or greater than","(h) 1 000 000 EUR in the case of supply","contracts or service contracts;","(i) 10 000 000 EUR in the case of works","contracts."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"947","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-345","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c a (new)"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:38"},"new":["(ca) the controlled legal person does not","pursue any interests which are distinct","from that of the public authorities","affiliated to it;"],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"345","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-666","location":[["Proposal for a directive","Article 61 \u2013 paragraph 2 \u2013 point d a (new)"]],"meta":{"created":"2019-07-03T05:36:39"},"new":["(da) where the economic operator figures","in the register of non-compliance as set","up in Article 92 a."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"666","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-948","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 6 \u2013 introductory part"]],"meps":[96876,96884],"meta":{"created":"2019-07-03T05:36:36"},"new":["6. Contracting authorities shall transmit to","the competent authorities the full text of","all concluded contracts with a value equal","to or greater than"],"old":["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"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"948","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-346","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point c b (new)"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:38"},"new":["(cb) the controlled legal person does not","draw any gains other than the","reimbursement of actual costs from the","public contracts with the contracting","authorities."],"old":["",""],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"346","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-667","justification":" TED data is not reliable because Contracting Authorities often forget to send contract award\n notices. By shortening the deadline, this pillar of data gathering would be made more\n effective. Furthermore, CANs are often incomplete or incoherent and in practice, the\n Commission does not get back to the Contracting Authorities for clarification. It would\n therefore be helpful to introduce a clear obligation of the Commission to check data for\n completeness and coherence.","location":[["Proposal for a directive","Article 64 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:39"},"new":["Not later than 14 days after the award of a","contract or the conclusion of a framework","agreement, contracting entities shall send a","contract award notice on the results of the","procurement procedure."],"old":["Within two months of the award of a","contract or the conclusion of a framework","agreement, contracting entities shall send a","contract award notice on the results of the","procurement procedure."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"667","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-949","justification":"Existing rights of access to documents in the context of disputes concerning the award of\ncontracts and the additional rights enjoyed by individuals under the already very\ncomprehensive laws on freedom of information are more than sufficient.","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 7"]],"meps":[28223,96876],"meta":{"created":"2019-07-03T05:36:36"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"949","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-668","justification":"linked to the reintroduction of the distinction between A and B services","location":[[" Proposal for a directive","Article 64 \u2013 paragraph 1 \u2013 subparagraph 1 a (new)"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:39"},"new":["In the case of public contracts for services","listed in Annex XVII B, the contracting","authorities shall indicate in the notice","whether they agree to its publication. For","such services contracts the Commission","shall draw up the rules for establishing","statistical reports on the basis of such","notices and for the publication of such","reports in accordance with the procedure","laid down in Article 100."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"668","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-347","justification":"Point (a) of subparagraph 1 is clear enough - no repetion needed.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"347","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-950","location":[["Proposal for a directive","Article 93 \u2013 paragraph 7 \u2013 subparagraph 1"]],"meps":[96876,96884],"meta":{"created":"2019-07-03T05:36:36"},"new":["7. Without prejudice to the national law","concerning access to information, and in","accordance with national and EU","legislation on data protection, the","competent authorities 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."],"old":["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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"950","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-348","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"348","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-669","justification":"TED data is not reliable because Contracting Authorities often forget to send contract award\nnotices. By shortening the deadline, this pillar of data gathering would be made more\neffective. Furthermore, CANs are often incomplete or incoherent and in practice, the\nCommission does not get back to the Contracting Authorities for clarification. It would\ntherefore be helpful to introduce a clear obligation of the Commission to check data for\ncompleteness and coherence.","location":[["Proposal for a directive","Article 64 \u2013 paragraph 1 \u2013 subparagraph 2 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:39"},"new":["In case of an incomplete or incoherent","contract award notice, the Commission","will contact the Contracting Authority","with the aim to receive completion or","clarification of the contract award notice."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"669","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-349","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["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."],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"349","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-951","location":[[" Proposal for a directive","Article 94 \u2013 title"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:36"},"new":["Individual Reporting"],"old":["Individual reports on procedures for the","award of contracts"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"951","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-670","location":[["Proposal for a directive","Article 65 \u2013 paragraph 3"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:39"},"new":["3. Calls for competition within the meaning","of Article 39(2) shall be published in full in","an official language of the Union as chosen","by the contracting entity. That language","version shall constitute the sole authentic","text. A summary of the important elements","of each notice shall be published in at least","one other official language of the","European Union, to be chosen by the","contracting entity."],"old":["3. Calls for competition within the meaning","of Article 39(2) shall be published in full in","an official language of the Union as chosen","by the contracting entity. That language","version shall constitute the sole authentic","text. A summary of the important elements","of each notice shall be published in the","","other official languages."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"670","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-351","justification":"Clarification of the article. See the amendment to Article 21(1)(a).","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["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."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"351","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-952","location":[[" Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["1. Contracting entities shall keep","appropriate information on each above","threshold contract, framework agreement","or each time a dynamic purchasing system","is established. This information shall be","sufficient to permit them at a later date to","justify decisions taken in connection with:"],"old":["1. Contracting entities shall keep","appropriate information on each contract,","framework agreement and each time a","dynamic purchasing system is established.","This information shall be sufficient to","permit them at a later date to justify","decisions taken in connection with:"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"952","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-671","location":[[" Proposal for a directive","Article 65 \u2013 paragraph 3"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:39"},"new":["3. Calls for competition within the meaning","of Article 39(2) shall be published in full in","an official language of the Union as chosen","by the contracting entity. That language","version shall constitute the sole authentic","text. A summary of the important elements","of each notice shall be published in","English."],"old":["3. Calls for competition within the meaning","of Article 39(2) shall be published in full in","an official language of the Union as chosen","by the contracting entity. That language","version shall constitute the sole authentic","text. A summary of the important elements","of each notice shall be published in the","other official languages."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"671","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-352","justification":" The extension of the in-house exception should be limited to a minimum. This reverse in-house\n exception is an undue extention of the ECJ ruling in the Teckal case and should therefore be\n eliminated.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"352","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-953","location":[["Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities shall take appropriate","steps to document the procurement","procedures, whether or not the procedures","are conducted by electronic means."],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"953","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-672","justification":"Bureaucratic and an unnecessary burden and source of mistakes.","location":[[" Proposal for a directive","Article 66 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["1. Notices referred to in Articles 61 to 64","and the information contained therein","shall not be published at national level","before the publication pursuant to Article","65."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"672","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-353","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. Paragraph 1 also applies where a","controlled entity which is a contracting","authority awards a contract to its","controlling entity or 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 with the","exception of legally enforced forms or","private participation."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"353","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-673","justification":"There might be needs to prove for example the tenderers data (name, address etc.)","location":[["Proposal for a directive","Article 67 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["1. Contracting entities shall offer full direct","access free of charge by electronic means","to the procurement documents from the","date of publication of the notice in","accordance with Article 65 or the date on","which the invitation to confirm interest is","sent. Contracting entities may ask under","specific circumstances for the name,","address or other means to identify the","tenderer. Where the means of calling for","competition is a notice on the existence of","a qualification system, such access shall be","offered as soon as possible and at the latest","when the invitation to tender or to","negotiate is sent. The text of the notice or","of those invitations shall specify the","internet address at which this","documentation is accessible."],"old":["1. Contracting entities shall offer","unrestricted and full direct access free of","charge by electronic means to the","procurement documents from the date of","publication of the notice in accordance","with Article 65 or the date on which the","invitation to confirm interest is sent. Where","the means of calling for competition is a","notice on the existence of a qualification","system, such access shall be offered as","soon as possible and at the latest when the","invitation to tender or to negotiate is sent.","The text of the notice or of those","invitations shall specify the internet","address at which this documentation is","accessible."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"673","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-954","location":[["Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:36"},"new":["Contracting entities shall document the","progress of all procurement procedures,","whether or not those are conducted by","electronic means. To that end, they shall","ensure that they dispose of sufficient","documentation to justify decisions taken","in all stages of the procurement procedure,","such as documentation on","communications with economic operators","and internal deliberations, preparation of","the tenders, dialogue or negotiation if any,","selection and award of the contract."],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"954","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-354","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["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 the private","participation in the legal person being","awarded the public contract does not","exceed 50 % of its voting shares."],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"354","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-674","location":[["Proposal for a directive","Article 68 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:40"},"new":["In restricted procedures and negotiated","procedures with prior call for competition,","contracting entities shall simultaneously","and in writing invite the selected","candidates to submit their tenders or to","negotiate."],"old":["In restricted procedures, innovation","partnerships and negotiated procedures","with prior call for competition, contracting","entities shall simultaneously and in writing","invite the selected candidates to submit","their tenders or to negotiate."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"674","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-355","location":[["Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. Paragraph 1 also applies where a","controlled entity which is a contracting","authority awards a contract to its","controlling entity or 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."],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"355","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-675","location":[[" Proposal for a directive","Article 69 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:40"},"new":["2. Contracting entities shall, as soon as","possible, following the date of the award","of the concession, the rejection of the","request to participate, the rejection of the","tender and in any case within 15 days from","receipt of a written request, inform:"],"old":["2. On request from the party concerned,","contracting entities shall, as soon as","possible, and in any case within 15 days","from receipt of a written request, inform:"],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"675","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-955","location":[[" Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:36"},"new":["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, the","name of the successful tenderer and the","reasons for choosing its tender and - if","known - the proportion of the contract or","of the framework agreement which the","successful tenderer plans to subcontract,","and information concerning the","subcontractors, including their names,","addresses and legal representatives."],"old":["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."],"orig_lang":"de","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"955","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-676","location":[[" Proposal for a directive","Article 69 \u2013 paragraph 2 \u2013 point d"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["(d) any tenderer that has made an","admissible tender of the conduct and","progress of negotiations and dialogue","with tenderers."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"676","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-356","location":[["Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:39"},"new":["2. Paragraph 1 also applies where a","controlled entity which is a contracting","authority awards a contract to its","controlling entity or 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."],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"356","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-956","justification":"The requirement to document \"all internal deliberations\" is unnecessary and\ndisproportionate. The provision also creates legal uncertainty, since the term \"internal\ndeliberations\" is not defined in the directive.","location":[[" Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:36"},"new":["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,","preparation of the tenders, dialogue or","negotiation if any, selection and award of","the contract."],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"956","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-677","location":[["Proposal for a directive","Article 70 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:40"},"new":["3. When selecting participants for a","restricted or negotiated procedure, in","reaching their decision as to qualification","or when the criteria and rules are being","updated, contracting entities shall not:"],"old":["3. When selecting participants for a","restricted or negotiated procedure or an","innovation partnership, in reaching their","decision as to qualification or when the","criteria and rules are being updated,","contracting entities shall not:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"677","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-357","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["3. A contracting authority, which does not","exercise over a legal person control within","the meaning of paragraph 1, may","nevertheless award a contract without","applying this Directive to a legal person","which it controls jointly with other","contracting authorities, where the","following conditions are fulfilled:","(a) the contracting authorities exercise","jointly over the legal person a control","which is similar to that which they","exercise over their own departments;","(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or","other legal persons controlled by the same","contracting authorities;","(c) there is no private participation in the","controlled legal person.","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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"357","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-678","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["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, with","obligations established by Union or","national legislation in the field of social","and labour law or environmental law or","collective agreements which apply in the","place where the work, service or supply is","performed or by the international social","and environmental law provisions listed in","Annex XIV and provided they are linked","to the subject matter of the contract."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"678","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-358","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:39"},"new":["A contracting authority, which does not","exercise over a legal person control within","the meaning of paragraph 1, may","nevertheless award a contract outside the","scope of this Directive to a legal person","which it controls jointly with other","contracting authorities, where the","following conditions are fulfilled:"],"old":["A contracting authority, which does not","exercise over a legal person control within","the meaning of paragraph 1, may","nevertheless award a contract without","applying this Directive to a legal person","which it controls jointly with other","contracting authorities, where the","following conditions are fulfilled:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"358","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-957","location":[["Proposal for a directive","Article 94 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","if it so requests."],"old":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","or the national oversight body where they","so request it."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"957","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-679","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["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."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"679","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-359","justification":" Clarification of the criteria which are used to define \u2018in-house' contracts and which justify the\n exclusion of such contracts from the scope of the directive. (The rest of the justification does\n not apply to the English version.)","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:39"},"new":["(a) the contracting authorities exercise","jointly over the legal person a control","which is similar to that which they exercise","over their own departments, i.e. they","exercise a decisive influence over both","strategic objectives and significant","decisions of the controlled legal person.","With a view to determining whether such","control is being exercised, account may","also be taken of factors such as the level","of representation on administrative,","management or supervisory bodies,","specifications relating thereto in the","articles of association or the ownership","arrangements;"],"old":["(a) the contracting authorities exercise","jointly over the legal person a control","which is similar to that which they exercise","over their own departments;",""],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"359","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-680","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:40"},"new":["5. Contracting entities may decide not to","award a contract to the tenderer submitting","the best tender where it has been","established that the tender does not comply","with obligations established by Union or","national 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."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"680","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-958","location":[["Proposal for a directive","Article 94 \u2013 paragraph 2"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:36"},"new":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","or to the national authorities or structures","referred to in Article 92 where they so","request."],"old":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","or the national oversight body where they","so request it."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"958","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-360","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:39"},"new":["deleted"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or","other legal persons controlled by the same","contracting authorities;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"360","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-681","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:40"},"new":["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 or environmental","law or with the obligations regarding","working conditions along the supply","chain as stated in national labour laws","and regulations in which production","processes take place and in international","conventions as listed in Annex XIV,","whatever the most favourable of workers.","These obligations include:","(a) those defined by the eight ILO Core","Conventions (freedom of association and","collective bargaining, forced and","compulsory labour, discrimination in","respect of employment and occupation,","child labour);","(b) occupational safety and health","(c) working time","(d) wages","(e) social security"],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"681","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel, Birgit Collin-Langen, Sabine Verheyen, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-959","justification":" Gathering statistical data through reports by Member States is unreliable and leads to\n bureaucracy and costs. The objective of Article 95 is to cross-check the data gathered through\n the TED database on the basis of Article 64 of the proposal. Both TED data and national\n reporting data are however very often incomplete. Instead of cross-checking, the TED pillar\n of statistical data gathering should be further strengthened, the national reporting pillar\n should be completely abandoned.","location":[[" Proposal for a directive","Article 95"]],"meps":[28223,96876,112788,96756,96873],"meta":{"created":"2019-07-03T05:36:36"},"new":["Article deleted"],"old":["Article 95"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"959","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-682","justification":" It should be clear that contracting authorities should not award a contract to a candidate who\n proves to violate social, labour or environmental law.","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["5. Contracting 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."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"682","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-361","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 80 % of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authorities or other legal persons controlled","by the same contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"361","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-683","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 6"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"683","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-362","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 85 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"362","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-960","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["1. Member States shall ensure that the","Commission receives every year an","implementation and statistical report on","each year, not later than 31 October of the","following year."],"old":["1. The bodies established or appointed in","accordance with Article 93 shall forward","to the Commission an implementation and","statistical report on each year, based on a","standard form, not later than 31 October of","the following year."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"960","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-684","location":[["Proposal for a directive","Article 70 \u2013 paragraph 6"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["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."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"684","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-363","justification":"Clarification of the criteria which are used to define \u2018in-house\u2019 contracts: the phrase \u201890 % of\nthe activities\u2019 clarifies one of the terms used in the case law of the CJEU (\u2018most of the\nactivities\u2019) but not the other, hence the proposal to include the phrase \u201890 % of the average\ntotal turnover\u2019.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 90 % of the average total","turnover of that legal person is generated","by means of activities carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90% of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"363","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-685","location":[["Proposal for a directive","Article 70 \u2013 paragraph 6"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["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."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"685","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-961","location":[["Proposal for a directive","Article 95 \u2013 paragraph 1"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:36"},"new":["1. Member States shall forward to the","Commission a statistical report on each","year, based on a standard form, not later","than 31 October of the following year."],"old":["1. The bodies established or appointed in","accordance with Article 93 shall forward","to the Commission an implementation and","statistical report on each year, based on a","standard form, not later than 31 October of","the following year."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"961","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Frank Engel, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-364","justification":" The proposal combines the CJEU\u2019s relevant finding in its judgment in Case C-107/98 with a\n \u2018safe-harbour clause\u2019 which makes it possible to assume, on a falsifiable basis, that an in-\n house activity is involved.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[28223,96876,96873],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) that legal 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;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"364","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Mikael Gustafsson","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-686","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 7"]],"meps":[109649],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["7. The Commission shall be empowered to","adopt delegated acts in accordance with","Article 98 to amend the list in Annex XIV,","where necessary due to the conclusion of","new international agreements or","modification of existing international","agreements."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"686","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-962","location":[["Proposal for a directive","Article 95 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:36"},"new":["deleted"],"old":["2. The report referred to in paragraph 1","shall contain at least the total value,","broken down by category of activity to","which Articles 5 to 11 refer, of the","contracts awarded below the thresholds","set out in Article 12 but which would be","covered by this Directive if their value","exceeded the threshold."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"962","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-365","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 80% of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"365","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-687","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 7"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["7. The Commission shall be empowered to","adopt delegated acts in accordance with","Article 98 to amend the list in Annex XIV,","where necessary due to the conclusion of","new international agreements or","modification of existing international","agreements."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"687","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-963","location":[["Proposal for a directive","Article 95 \u2013 paragraph 2"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:36"},"new":["2. The report referred to in paragraph 1","shall contain, for contracts awarded below","the thresholds set out in Article 12 of this","Directive, but which would be covered by","this Directive if its value exceeded the","threshold, an estimation of the aggregated","total value of the procurement during the","year concerned. This estimation may in","particular be based on data available","under national publication requirements."],"old":["2. The report referred to in paragraph 1","shall contain at least the total value,","broken down by category of activity to","","which Articles 5 to 11 refer, of the","contracts awarded below the thresholds set","out in Article 12 but which would be","covered by this Directive if their value","exceeded the threshold."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"963","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-366","justification":"In line with previous amendments.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) all the activities of that legal person are","carried out for the controlling contracting","authorities or other legal persons controlled","by the same contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"366","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-688","location":[[" Proposal for a directive","Article 72 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["2. Where contracting entities need to","ensure an appropriate balance between the","particular characteristics of the","procurement procedure and the resources","required to conduct it, they may, in","restricted or negotiated procedures or in","innovation partnerships, establish objective","rules and criteria that reflect this need and","enable the contracting entity to reduce the","number of candidates that will be invited to","tender or to negotiate."],"old":["2. Where contracting entities need to","ensure an appropriate balance between the","particular characteristics of the","procurement procedure and the resources","required to conduct it, they may, in","restricted or negotiated procedures or in","innovation partnerships, establish objective","rules and criteria that reflect this need and","enable the contracting entity to reduce the","number of candidates that will be invited to","tender or to negotiate. The number of","candidates selected shall, however, take","account of the need to ensure adequate","competition."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"688","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-367","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) essential part of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"367","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-689","location":[["Proposal for a directive","Article 73 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:41"},"new":["Where the objective rules and criteria for","the exclusion and selection of economic","operators requesting qualification in a","qualification system include requirements","relating to the economic and financial","capacity of the economic operator, or to its","technical and professional abilities, the","economic operator may where necessary","rely on the capacity of other entities,","whatever the legal nature of the link","between itself and those entities. In this","case the economic operator shall prove to","the contracting entity that those resources","will be available to it throughout the period","of the validity of the qualification system,","for example by producing an undertaking","by those entities to that effect. Contracting","entities may require that the economic","operator and those entities are jointly liable","for the execution of the contract."],"old":["Where the objective rules and criteria for","the exclusion and selection of economic","operators requesting qualification in a","qualification system include requirements","relating to the economic and financial","capacity of the economic operator, or to its","technical and professional abilities, the","economic operator may where necessary","rely on the capacity of other entities,","whatever the legal nature of the link","between itself and those entities. In this","case the economic operator shall prove to","the contracting entity that those resources","will be available to it throughout the period","of the validity of the qualification system,","for example by producing an undertaking","by those entities to that effect. In the case","of economic and financial standing,","","contracting entities may require that the","economic operator and those entities are","jointly liable for the execution of the","contract."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"689","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-964","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 3"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:37"},"new":["3. For all contracts above the thresholds","of this Directive, Member States shall","ensure that this report contains the","estimated number and value of contracts","awarded during the year concerned,","broken down by categories of activity to","which Articles 5 to 11 refer and any other","information required to verify the proper","application of the WTO Government","Procurement Agreement. This shall","include the estimated number and value of","contracts awarded pursuant to a negotiated","procedure without a call for competition."],"old":["3. Member States shall ensure that this","report contains at least the number and","value of contracts awarded, broken down","by categories of activity to which Articles","5 to 11 refer and any other information","required to verify the proper application of","the Agreement. This shall include the","number and value of contracts awarded","pursuant to a negotiated procedure without","a call for competition, broken down","according to the circumstances referred to","in Article 44 and by categories of activity","to which Articles 5 to 11 refer. It shall","also specify the Member State or third","country of the successful contractor."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"964","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-368","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 80 % of the activities of that","legal person which are covered by the","contract are carried out for the controlling","contracting authorities or other legal","persons controlled by the same contracting","authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"368","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-690","location":[[" Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships may include the","exclusion grounds listed in Article 55 of","Directive 2004/18 on the terms and","conditions set out therein, including","Article 55(4) and (5) on self-cleaning","measures."],"old":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships may include the","exclusion grounds listed in Article 55 of","Directive 2004/18 on the terms and","conditions set out therein."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"690","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-369","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) essential part of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"369","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-965","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 3 \u2013 point a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["(a) in the interests of administrative","simplification, the statistical data may be","collected on the basis of sampling,","provided that its representativeness is not","jeopardised;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"965","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-691","location":[[" Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:41"},"new":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures may","include the exclusion grounds listed in","Article 55 of Directive 2004/18 on the","terms and conditions set out therein."],"old":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships may include the","exclusion grounds listed in Article 55 of","Directive 2004/18 on the terms and","conditions set out therein."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"691","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-370","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96757],"meta":{"created":"2019-07-03T05:36:39"},"new":["(b) at least 100 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"370","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-966","location":[["Proposal for a directive","Article 95 \u2013 paragraph 3 \u2013 point b (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["(b) the confidential nature of the","information provided is respected."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"966","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-371","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["(c) there is no private participation in the","controlled legal person, with the exception","of legally enforced forms or private","participation."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"371","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-967","location":[["Proposal for a directive","Article 95 \u2013 paragraph 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["5. The Commission shall establish the","standard form for the drawing-up of the","annual implementation and statistical","report referred to in paragraph 1. Those","implementing acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"967","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-692","location":[["Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96915,29579],"meta":{"created":"2019-07-03T05:36:41"},"new":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships shall include the","exclusion grounds listed in Article 55 of","Directive [.../.../EU][replacing Directive","2004/18/EC on public procurement] on","the terms and conditions set out therein."],"old":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships may include the","exclusion grounds listed in Article 55 of","Directive 2004/18 on the terms and","conditions set out therein."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"692","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-372","justification":"In some Member States, in response to historical developments and arrangements which have\ngrown up organically, the law makes provision for private participation. These forms of\ncooperation should still be possible, but all other types of private participation should be\nruled out, in keeping with the relevant CJEU judgments.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point c"]],"meps":[28223,96876],"meta":{"created":"2019-07-03T05:36:40"},"new":["(c) unless the laws of the Member States","concerned provide otherwise, there is no","private participation in any of the","contracting authorities involved."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"372","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-693","location":[["Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96915,29579],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["Where the contracting entity is a","contracting authority, those criteria and","rules shall include the exclusion grounds","listed in Article 55(1) and (2) of Directive","","2004/18 on the terms and conditions set","out in that Article."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"693","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-373","justification":" Private investors can only influence management decisions if they hold more than 50% of the\n voting shares of the controlled legal person. This amendment is to enable pure capital\n investments without affecting the exemption of in-house procurement and horizontal\n cooperation.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point c"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["(c) the private participation in the","controlled legal person does not exceed","50 % of its voting shares."],"old":["(c) there is no private participation in the","controlled legal person."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"373","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-968","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 5"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:37"},"new":["5. The Commission shall establish the","standard form for the annual statistical","report referred to in paragraph 1. Those","implementing acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100."],"old":["5. The Commission shall establish the","standard form for the drawing-up of the","annual implementation and statistical","report referred to in paragraph 1. Those","implementing acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"968","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-694","location":[[" Proposal for a directive","Article 74 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["2. The criteria and rules referred to in","paragraph 1 may include the selection","criteria set out in Article 56 of Directive","2004/18/EC on the terms and conditions","set out therein, notably as regards the limits","to requirements concerning yearly","turnovers, the acceptance of self-","declarations as well as the European","Procurement Passport, as provided for","under the second subparagraph of","paragraph 3 of that Article."],"old":["2. The criteria and rules referred to in","paragraph 1 may include the selection","criteria set out in Article 56 of Directive","2004/18/EC on the terms and conditions","set out therein, notably as regards the limits","to requirements concerning yearly","turnovers, as provided for under the second","subparagraph of paragraph 3 of that","Article."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"694","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-374","justification":"This far-reaching interpretation of the ECJ ruling is unnecessary and does not contribute to\nmake the text short and precise.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"374","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-969","location":[[" Proposal for a directive","Article 95 \u2013 paragraph 6"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["6. The acts referred to under paragraph 5","shall ensure that:","(a) in the interests of administrative","simplification, the statistical data may be","collected on the basis of sampling,","provided that its representativeness is not","jeopardised;","(b) the confidential nature of the","information provided is respected."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"969","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-695","location":[[" Proposal for a directive","Article 74 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["3. For the purpose of applying paragraphs","1 and 2 of this Article, Articles 55 to 60 of","Directive 2004/18/EC shall apply."],"old":["3. For the purpose of applying paragraphs","1 and 2 of this Article, Articles 57 to 60 of","Directive 2004/18/EC shall apply."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"695","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-375","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"375","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-696","location":[["Proposal for a directive","Article 75 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["Where they request the production of","certificates drawn up by independent","bodies attesting that the economic operator","complies with certain quality assurance","standards, including on accessibility for","disabled persons, contracting entities shall","refer to quality assurance systems based on","the relevant European standards series","certified by specific conformity","assessment bodies."],"old":["Where they request the production of","certificates drawn up by independent","bodies attesting that the economic operator","complies with certain quality assurance","standards, including on accessibility for","disabled persons, contracting entities shall","refer to quality assurance systems based on","the relevant European standards series","certified by bodies conforming to the","European standards series concerning","certification."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"696","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-970","justification":"As part of alternative proposals in relation to governance (assistance to contracting entities\nand businesses), this amendment deletes Article 97. The Commission's proposals would need\nto be supported by a clear case demonstrating cost-effectiveness, and these detailed proposals\nwould also breach principles of subsidiarity and proportionality. However, there is a clear\nneed for Member States to take ownership of SME/Think Small First principles in public\nprocurement, as proposed in a Recital.","location":[[" Proposal for a directive","Article 96"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:37"},"new":["Article deleted"],"old":["Article 96"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"970","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-697","location":[["Proposal for a directive","Article 75 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["Contracting entities shall recognise","equivalent certificates from bodies","established in other Member States. They","shall also accept other evidence of","equivalent quality assurance measures","from economic operators that have no","access to such certificates, or no possibility","of obtaining them within the relevant time","limits, provided that the lack of access is","not attributable to the economic operator","concerned. However in order not to","discriminate those tenderers who invest","time and money for certificates, the","burden for providing equivalence with a","specific label should be placed on the","tenderer claiming equivalence."],"old":["Contracting entities shall recognise","equivalent certificates from bodies","established in other Member States. They","shall also accept other evidence of","equivalent quality assurance measures","from economic operators that have no","access to such certificates, or no possibility","of obtaining them within the relevant time","limits."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"697","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-376","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2 \u2013 point a"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["(a) the decision-making bodies of the","controlled legal person are composed of","representatives of the participating","contracting authorities;"],"old":["(a) the decision-making bodies of the","controlled legal person are composed of","representatives of all participating","contracting authorities;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"376","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-971","justification":"Proposed regulation will significantly raise administrative burden on the side of Member\nStates. Moreover, it will influence internal organisation of administration in Member States.\nDecisions with regard of activities to be undertaken in order to ensure correct application of\nthe directive and responsible institutions should be left to the discretion of Member States.","location":[["Proposal for a directive","Article 96"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:37"},"new":["Article deleted"],"old":["Article 96"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"971","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-698","location":[[" Proposal for a directive","Article 75 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["Contracting entities shall recognise","equivalent certificates from bodies","established in other Member States. They","shall also accept other evidence of","equivalent environmental management","measures from economic operators that","have no access to such certificates, or no","possibility of obtaining them within the","relevant time limits, provided that the lack","of access is not attributable to the","economic operator concerned. However in","order not to discriminate those tenderers","who invest time and money for","certificates, the burden for providing","equivalence with a specific label should","be placed on the tenderer claiming","equivalence."],"old":["Contracting entities shall recognise","equivalent certificates from bodies","established in other Member States. They","shall also accept other evidence of","equivalent environmental management","measures from economic operators that","have no access to such certificates, or no","possibility of obtaining them within the","relevant time limits."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"698","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-377","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2 \u2013 point c"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["(c) the controlled legal person does not","pursue any interests which are distinct","from that of the public authorities","affiliated to it;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"377","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-972","justification":" Clarification, the wording could be interpreted as legal advice but it\u2019s not up the Member\n States to provide legal advice on European regulations.","location":[["Proposal for a directive","Article 96 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["1. Member States shall make available","technical support structures in order to","provide legal and economic information,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","information on individual questions."],"old":["1. Member States shall make available","technical support structures in order to","provide legal and economic advice,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","advice on individual questions."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"972","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-699","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be:"],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"699","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-378","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2 \u2013 point c"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:40"},"new":["(c) the controlled legal person does not","pursue any interests which are in conflict","with that of the public authorities affiliated","to it;"],"old":["(c) the controlled legal person does not","pursue any interests which are distinct","from that of the public authorities affiliated","to it;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"378","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-973","justification":" These articles cause unnecessary administrative burdens. It is up to the Member States to\n organise their interior administration. Member States can decide to create an over-sight body\n (article 84) without European regulation. Article 84 is contrary to the principle of\n subsidiarity.","location":[[" Proposal for a directive","Article 96 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["4. For the purposes of paragraphs 1, 2","and 3, Member States may appoint a","single body or several bodies or","administrative structures. Member States","shall ensure case due coordination","between those bodies and structures."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"973","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-700","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criterion on which contracting authorities","shall base the award of public contracts","shall be the most economically","advantageous tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"700","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-379","justification":"Subsidiaries are often founded in order to pursue interests which go beyond that of the\ncontrolling entity. It should therefore be sufficient if interests are not contradictory.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2 \u2013 point c"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["(c) the controlled legal person does not","pursue any interests which are contrary to","that of the public authorities affiliated to it;"],"old":["(c) the controlled legal person does not","pursue any interests which are distinct","from that of the public authorities affiliated","to it;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"379","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-701","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criterion on which contracting entities","shall base the award of contracts shall be","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."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"701","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-974","location":[["Proposal for a directive","Article 97 \u2013 paragraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:37"},"new":["1. Member States shall provide mutual","assistance to each other, and shall put in","place measures for effective cooperation","with one another, in order to ensure","exchange of information on issues referred","to in Articles 56, 75, 79 and 83a. They","shall ensure the confidentiality of the","information which they exchange."],"old":["1. Member States shall provide mutual","assistance to each other, and shall put in","place measures for effective cooperation","with one another, in order to ensure","exchange of information on issues referred","to in Articles 56, 75 and 79. They shall","ensure the confidentiality of the","information which they exchange."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"974","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-380","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["4. An agreement concluded between two or","more contracting authorities shall not be","deemed to be a \u2018works, supply or service","contract\u2019 within the meaning of point 7 of","Article 2 of this Directive and thus falls","outside this Directive, where the following","cumulative conditions are met:"],"old":["4. An agreement concluded between two or","more contracting authorities shall not be","deemed to be a \u2018works, supply or service","contract\u2019 within the meaning of point 7 of","Article 2 of this Directive, where the","following cumulative conditions are met:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"380","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-702","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services,","contracting entities shall base the award of","contracts on multiple criteria used to","determine the most economically","advantageous tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"702","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-975","justification":"These articles cause unnecessary administrative burdens. It is up to the Member States to\norganise their interior administration. Member States can decide to create an over-sight body\n(article 84) without European regulation. Article 84 is contrary to the principle of\n\n subsidiarity.","location":[["Proposal for a directive","Article 97 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"975","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-381","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:40"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"381","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-976","location":[[" Proposal for a directive","Article 97 \u2013 paragraph 3"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"976","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-703","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions","concerning the remuneration of certain","services, the criterion on which contracting","authorities shall base the award of","contracts shall be the most economically","advantageous and sustainable tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"703","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-382","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:40"},"new":["(Does not affect English version.)"],"old":["(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;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"382","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-977","justification":"It is not a proportional measure to impose on Member States obligation to create additional\nbodies. Moreover, various competences assigned to such a body, as for example oversight,\ncoordination, reporting may create conflict of interests.","location":[[" Proposal for a directive","Article 97 \u2013 paragraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:37"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"977","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-704","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:42"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criterion on which contracting entities","shall base the award of contracts shall be","the most economically advantageous","tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"704","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-383","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:40"},"new":["(a) the purpose of the partnership is the","provision of a public-service task","conferred on all participating public","authorities, or the provision of an","ancillary task necessary to deliver the","public service task conferred on all the","public authorities;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"383","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-978","location":[["Proposal for a directive","Article 97 \u2013 paragraph 3"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["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","and the Commission. Member States shall","publish and regularly update the list of","liaison points."],"old":["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."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"978","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-705","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"705","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-384","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:40"},"new":["(a) the agreement establishes a genuine co-","operation between the participating","contracting authorities aimed at carrying","out jointly their public service tasks;"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"384","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-385","justification":"Clarification of the horizontal cooperation definition.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meta":{"created":"2019-07-03T05:36:40"},"new":["(a) the agreement establishes a genuine co-","operation between the participating","contracting authorities acting as a","competent authority in order to jointly","ensure the organisation of the same","public service mission;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"385","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-706","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"706","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-979","justification":" It is not a proportional measure to impose on Member States obligation to create additional\n bodies. Moreover, various competences assigned to such a body, as for example oversight,\n coordination, reporting may create conflict of interests.","location":[["Proposal for a directive","Article 97 \u2013 paragraph 4"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["4. The exchange of information shall take","place via the Internal Market Information","system established pursuant to Regulation","(EU) N\u00b0 XXX/XXXX of the European","Parliament and Council52 [proposal for a","Regulation of the European Parliament","and Council on the administrative","cooperation through the Internal Market","Information System (\u2018the IMI","Regulation\u2019) COM(2011)522]. Member","","","States shall supply information requested","by other Member States within the","shortest possible period of time."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"979","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-386","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:40"},"new":["(a) the agreement establishes a genuine co-","operation between the participating","contracting authorities aimed at carrying","out jointly or on each other\u2019s behalf their","public service tasks;"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"386","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-707","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"707","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-980","location":[[" Proposal for a directive","Article 98 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. The delegation of power referred to in","Articles 4, 35, 33, 38, 25, 65, 70 shall be","conferred on the Commission for an","indeterminate period of time from the [date","of entry into force of this Directive]."],"old":["2. The delegation of power referred to in","Articles 4, 35, 33, 38, 25, 65, 70, 77, 85","and 95 shall be conferred on the","Commission for an indeterminate period of","time from the [date of entry into force of","this Directive]."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"980","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-387","justification":" The explicit exclusion of horizontal cooperation (Article 21(4)) sheds doubt as to the status of\n\ntransfers of powers between public authorities (\u2018intercommunality\u2019 under French law), which\nare not explicitly excluded from the directive. A new paragraph has therefore been proposed\nin order to exclude the transfer of powers between public authorities from the scope of this\ndirective.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 a (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:41"},"new":["(4a) This Directive shall not apply to","agreements concluded between several","contracting authorities or groupings of","contracting authorities which make","provision, in the context of the internal","organisation of a Member State, for the","transfer of powers between the parties","with a view to the performance of a public","service task.","There shall be no private participation in","any of the contracting authorities","involved."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"387","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-708","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"708","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-981","location":[[" Proposal for a directive","Article 98 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:38"},"new":["3. The delegation of power referred to in","Articles 4, 35, 33, 38, 25, 65, 70 may be","revoked at any time by the European","Parliament or by the Council. A revocation","decision shall put an end to the delegation","of the power specified in that decision. It","shall take effect the day following the","publication of the decision in the Official","Journal of the European Union or at a later","date specified therein. It shall not affect the","validity of any delegated acts already in","force."],"old":["3. The delegation of power referred to in","Articles 4, 35, 33, 38, 25, 65, 70, 77, 85","and 95 may be revoked at any time by the","European Parliament or by the Council. A","revocation decision shall put an end to the","delegation of the power specified in that","","","decision. It shall take effect the day","following the publication of the decision in","the Official Journal of the European Union","or at a later date specified therein. It shall","not affect the validity of any delegated acts","already in force."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"981","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-709","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"709","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-388","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"388","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-982","location":[["Proposal for a directive","Article 100 \u2013 paragraph 1"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:38"},"new":["1. The Commission shall be assisted by the","Advisory Committee for Public Contracts","established by Council Decision","71/306/EEC53 and by the Committee set","up by Article 7 of Council Regulation","(EC) No 3286/94 (Trade Barriers","Regulation)54. These committees shall be","committees within the meaning of Article 3","of Regulation (EU) No 182/2011.","__________________","54","OJ L 349, 31.12.1994, p. 71"],"old":["1. The Commission shall be assisted by the","Advisory Committee for Public Contracts","established by Council Decision","71/306/EEC53. That committee shall be a","committee within the meaning of","Regulation (EU) No 182/2011."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"982","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-710","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"710","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-389","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"389","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-711","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"711","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-983","location":[["Proposal for a directive","Article 100 \u2013 paragraph 2"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:38"},"new":["2. Where reference is made to this article,","Article 4 of Regulation (EU) No 182/2011","shall apply and the competent committee","shall be the Committee established by","Council Decision 71/306/EEC."],"old":["2. Where reference is made to this Article,","Article 4 of Regulation (EU) No 182/2011","shall apply.",""],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"983","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-390","justification":" The restriction to services provided in the public interest, as derived from the CJEU judgment\n in Case C-480/06, should also cover in-house auxiliary services which a contracting\n authority draws on for operational and administrative purposes and in organising the\n performance of its statutory tasks and which are not provided to third parties.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:41"},"new":["(b) the agreement is governed only by","public interest considerations; this","principle shall also apply to auxiliary","services essential to the provision of","services in the public interest;"],"old":["(b) the agreement is governed only by","","","considerations relating to the public","interest;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"390","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-712","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"712","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-391","justification":" In line with previous amendments.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meta":{"created":"2019-07-03T05:36:41"},"new":["(b) the agreement is governed only by","considerations relating to the public","interest and has no market orientation;"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"391","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-713","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:42"},"new":["(b) the lowest price."],"old":["(b) the lowest cost."],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"713","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-984","location":[[" Proposal for a directive","Article 100 \u2013 paragraph 2 a (new)"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:38"},"new":["2a. Where reference is made to this","paragraph, Article 5 of Regulation (EU)","No 182/2011 shall apply and the","competent committee shall be the","Committee set up by the Trade Barriers","regulation."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"984","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-392","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:41"},"new":["(b) the agreement is governed by","considerations relating to the public","interest and the services and requisite","auxiliary services are linked to those","considerations;"],"old":["(b) the agreement is governed only by","considerations relating to the public","","interest;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"392","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-714","justification":" While the economically most advantageous tender should be the decisive award criterion in\n most cases, the lowest price criterion should be maintained for standardised products.\n Standardised products are defined as products that do not differ significantly in their\n composition or characteristics.","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:42"},"new":["(b) the lowest price 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."],"old":["(b) the lowest cost."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"714","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-985","justification":" Adding this paragraph will ensure legal certainty and strengthen Article 4(2).","location":[[" Proposal for a directive","Annex 2 \u2013 paragraph 1 \u2013 point e a (new)"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:38"},"new":["(ea) the procedures to allocate railway","infrastructure capacity, railway licences","or safety certifications in accordance with","the Directives 95/18/EC, 2001/14/EC and","2004/49/EC."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"985","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-393","justification":"Many such entities created by public bodies operate trading subsidiaries to undertake a range\nof services, both to local authorities and associated entities, and other organisations where\nthere is market faliure to provide.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"393","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-986","location":[["Proposal for a directive","Annex 2 \u2013 paragraph 1 \u2013 point e a (new)"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:38"},"new":["(ea) procedures for the award of railway","infrastructure capacity, railway licences","or safety certification as referred to in","Directives 95/18/EC, 2011/14/EC and","2004/49/EC."],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"986","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-715","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"715","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-394","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[29579],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"394","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-716","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:43"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"716","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-987","location":[["Proposal for a directive","Annex 3 \u2013 point D \u2013 paragraph 1"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:38"},"new":["Rail transport"],"old":["Rail Freight transport"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"987","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-395","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(c) the participating public 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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"395","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-717","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:43"},"new":["Costs may be assessed, at the choice of the","contracting entity, using a cost-","effectiveness approach, such as a life-cycle","costing approach, under the conditions set","out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the price","only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"717","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-988","location":[["Proposal for a directive","Annex 3 \u2013 point D \u2013 paragraph 1"]],"meps":[96775],"meta":{"created":"2019-07-03T05:36:38"},"new":["Rail transport"],"old":["Rail Freight transport"],"orig_lang":"it","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"988","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-718","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:43"},"new":["Costs shall be assessed using a cost-","effectiveness approach, such as a life-cycle","costing approach, in accordance with the","conditions set out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","","approach, under the conditions set out in","Article 77."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"718","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-396","justification":" This clarification is necessary in order not to create legal disputes.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["(c) the participating public authorities do","not perform on the open market more than","20 % in terms of turnover of the activities","which are subject of the contract;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"396","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-989","location":[[" Proposal for a directive","Annex 3 \u2013 point D \u2013 paragraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:38"},"new":["Rail transport"],"old":["Rail Freight transport"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"989","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-719","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:43"},"new":["The most economically advantageous","tender referred to in paragraph 1 from the","point of view of the contracting entity shall","be identified on the basis of criteria linked","to the subject-matter of the contract in","question. Those criteria may include, in","addition to the price or costs, other","criteria linked to the subject-matter of the","contract in question.","Costs shall be assessed using a cost-","effectiveness approach, such as a life-","cycle costing approach, under the","conditions set out in Article 77.","Price shall be the decisive award criterion","in the case of highly standardised","products and services.","Other criteria may include:"],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1) from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"719","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Barbara Weiler","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-397","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[1907],"meta":{"created":"2019-07-03T05:36:41"},"new":["(c) the participating public authorities do","not perform on the open market more than","15 % in terms of turnover of the activities","which are relevant in the context of the","agreement;"],"old":["(c) the participating public 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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"397","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-990","location":[[" Proposal for a directive","Annex 3 \u2013 point D \u2013 paragraph 3"]],"meps":[96876],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["Rail passenger transport","None"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"990","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-720","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:43"},"new":["The most economically advantageous","tender referred to in point (a) of paragraph","1 from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","public contract in question and, wherever","possible, on the basis of the monetisation","of the life cycle as defined in Article 2,","point 22."],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","","1) from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"720","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-398","justification":"In line with previous amendments","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meta":{"created":"2019-07-03T05:36:41"},"new":["(c) the participating contracting authorities","do not perform on the open market;"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"398","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-991","location":[[" Proposal for a directive","Annex 3 \u2013 point D \u2013 paragraph 3"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:38"},"new":["deleted"],"old":["Rail passenger transport","None"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"991","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-721","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["The most economically advantageous","tender referred to in paragraph 1 from the","point of view of the contracting authority","shall be identified on the basis of criteria","linked to the subject-matter of the public","contract in question. Those criteria shall","include, in addition to the price or costs,","other criteria linked to the subject-matter","of the public contract in question."],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1) from the point of view of the","contracting entity shall be identified on the","basis of criteria linked to the subject-matter","of the contract in question."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"721","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-722","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:43"},"new":["The most economically advantageous","tender referred to in point (a) of paragraph","1 from the point of view of the contracting","authority shall be identified on the basis of","criteria linked to the subject-matter of the","public contract in question."],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1) from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"722","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-992","location":[[" Proposal for a directive","Annex 8 \u2013 paragraph 1 \u2013 point 1 \u2013 point a"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["(a) 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;"],"old":["(e) 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, 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;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"992","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexander Alvaro, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-993","location":[["Proposal for a directive","Annex 8 \u2013 paragraph 1 \u2013 point 1 \u2013 point b"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:38"},"new":["(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;"],"old":["(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 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;"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"993","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-723","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:43"},"new":["deleted"],"old":["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 contract in question,","such as:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"723","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-994","location":[[" Proposal for a directive","Annex 14 \u2013 indent 8 a (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:38"},"new":["- Convention 155 on Occupational Safety","and Health"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"994","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-399","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"399","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-724","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:43"},"new":["Those criteria may 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 contract in question,","such as:"],"old":["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 contract in question,","such as:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"724","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-995","location":[[" Proposal for a directive","Annex 14 \u2013 indent 8 b (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:39"},"new":["- Convention 1 on Hours of Work","(Industry)"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"995","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-400","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[96836],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"400","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-725","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["Costs shall be assessed using a cost-","effectiveness approach, such as a life-","cycle costing approach, under the","conditions set out in Article 77. Price","shall be the decisive award criterion in the","case of highly standardised products and","services. Other criteria may include:"],"old":["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 contract in question,","such as:"],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"725","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-996","location":[["Proposal for a directive","Annex 14 \u2013 indent 8 c (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:39"},"new":["- Convention 131 on Minimum Wage","Fixing"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"996","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-726","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:43"},"new":["Those criteria shall include other criteria","linked to the subject-matter of the public","contract in question, such as:"],"old":["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 contract in question,","such as:"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"726","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-997","location":[["Proposal for a directive","Annex 14 \u2013 indent 8 d (new)"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:39"},"new":["- Convention 102 on Social Security","(Minimum Standard)"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"997","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-401","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"401","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-727","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:43"},"new":["Those criteria shall include, in addition to","the price, other criteria linked to the","subject-matter of the public contract in","question, such as:"],"old":["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 contract in question,","such as:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"727","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-998","location":[["Proposal for a directive","Annex 17"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:39"},"new":["Annex deleted."],"old":["Annex XVII"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"998","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-728","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:43"},"new":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental, social and innovative","characteristics;"],"old":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental characteristics and","innovative character;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"728","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-999","location":[[" Proposal for a directive","Annex 17"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:39"},"new":["Annex deleted."],"old":["Annex XVII"],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"999","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-729","justification":" The list of criteria \u2013 other than price or costs \u2013 which may be taken into account is not\n exhaustive but open and it should be clear from the wording of the Article.","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental characteristics and","innovative aspects, after-sales service and","technical assistance, delivery conditions","(delivery date, delivery process and","delivery period or period of completion);"],"old":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental characteristics and","innovative character;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"729","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-402","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[28223,96873],"meta":{"created":"2019-07-03T05:36:41"},"new":["(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;"],"old":["(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;"],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"402","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-1000","location":[[" Proposal for a directive","Annex 17"]],"meps":[4538],"meta":{"created":"2019-07-03T05:36:39"},"new":["CPV Code Description","79611000-0; 75200000-8; 75231200-6; Health, social and related services","75231240-8;","from 85000000-9 to 85323000-9","(except 85321000-5 and 85322000-2);","98133100-5 and 98200000-5","75121000-0, 75122000-7, 75124000-1; Administrative educational, healthcare and","from 79995000-5 to 79995200-7; from cultural services","80100000-5 to 80660000-8 (except","80533000-9, 80533100-0, 80533200-1);","from 92000000-1 to 92700000-8 (except","92230000-2, 92231000-9, 92232000-6)","75300000-9 Compulsory social security services","75310000-2, 75311000-9, 75312000-6, Benefit services","75313000-3, 75313100-4, 75314000-0,","75320000-5, 75330000-8, 75340000-1","98000000-3; 55521100-9 Other community, social and personal"," services","98120000-0 Services furnished by trade unions","98131000-0 Religious services","from 61000000-5 to 61530000-9; from Transport by water","63370000-3 to 63372000-7","","62400000-6, 62440000-8, 62441000-5, Supporting and auxiliary transport","62450000-1; from 63000000-9 to services",""," 63600000-5 (except 63370000-3,"," 63371000-0, 63372000-7); 74322000-2,"," 93610000-7"," from 74500000-4 to 74540000-6 (except Personnel placement and supply services"," 74511000-4); from 95000000-2 to"," 95140000-5"," from 74600000-5 to 74620000-1 Investigation and security services, other"," than armoured car services"," from 74875000-3 to 74875200-5, and Recreational, cultural and sporting"," from 92000000-1 to 92622000-7 (except services"," 92230000-2)"],"old":[" CPV Code Description"," 79611000-0; Health, social services"," from 85000000-9 to 85323000-9"," (except 85321000-5 and 85322000-2);"," 75121000-0, 75122000-7, 75124000-1; Administrative educational, healthcare and"," from 79995000-5 to 79995200-7; from cultural services"," 80100000-5 to 80660000-8 (except"," 80533000-9, 80533100-0, 80533200-1);"," from 92000000-1 to 92700000-8 (except"," 92230000-2, 92231000-9, 92232000-6)"," 75300000-9 Compulsory social security services","","","75310000-2, 75311000-9, 75312000-6, Benefit services","75313000-3, 75313100-4, 75314000-0,","75320000-5, 75330000-8, 75340000-1","98000000-3 Other community, social and personal"," services","98120000-0 Services furnished by trade unions","98131000-0 Religious services"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"1000","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Matteo Salvini, Francesco Enrico Speroni","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-730","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a"]],"meps":[28404,997],"meta":{"created":"2019-07-03T05:36:44"},"new":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental, social characteristics and","innovative character;"],"old":["(a) quality, including technical merit,","aesthetic and functional characteristics,","accessibility, design for all users,","environmental characteristics and","innovative character;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"730","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-403","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point e"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:41"},"new":["(e) the task is carried out solely by the","public authorities concerned, with no","participation of a private party with the","exception of contracting authorities","participating in the cooperation as a","public law body in the sense of Article","2(4)"],"old":["(e) there is no private participation in any","of the contracting authorities involved."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"403","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-731","justification":"Life-cycle costing should be one of the options in order to determine the economically most\nadvantageous tender rather than an alternative to it.","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:44"},"new":["(aa) costs over the life cycle in accordance","with Article 67"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"731","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-1001","justification":" Directive 2004/17/CE makes a distinction between so called \u201cA services\u201d (Annex XVII A),\n subject to the full procedures of the Directives, and \u201cB-services\u201d (Annex XVII B), subject to\n the provisions on technical specifications and transmission of a notice of the results of the\n award procedure. The intention of the EU legislator was to exempt from the full application\n of the Directive some specific service contracts which have limited cross-border dimension,\n including the procurement of legal services. The Commission's proposal removes the\n distinction between \"A services\" and \"B services\" applying full regime to all \"B services\"\n (with the exception of contracts for social services and other specific services); thus the full\n procurement regime will apply to legal services. However, this change is unnecessary and\n takes no account of the specific nature of the profession of lawyers. Indeed, legal services,\n having a nature of personal choice (intuitu personae), are not eligible to be assigned on the\n base of the full application of the procurement regime. In addition, they are provided in a\n legal environment that varies considerably from one Member State to another so that the\n\ndemand of such services is inevitably limited to operators having specific competences in the\nrelevant national law.","location":[[" Proposal for a directive","Annex 17 \u2013 table \u2013 row 7 a (new)"]],"meps":[96760],"meta":{"created":"2019-07-03T05:36:39"},"new":["- Legal services."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"1001","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-732","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:44"},"new":["(aa) decent working conditions, health","and safety in the workplace and respect","for collective bargaining;","(This amendment should be placed before","letter (a) of this paragraph)."],"old":["",""],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"732","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab, Frank Engel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-404","justification":" In some Member States, in response to historical developments and arrangements which have\n grown up organically, the law makes provision for private participation. These forms of\n cooperation should still be possible, but all other types of private participation should be\n ruled out, in keeping with the relevant CJEU judgments.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point e"]],"meps":[28223,96876],"meta":{"created":"2019-07-03T05:36:41"},"new":["(e) unless the laws of the Member States","concerned provide otherwise, there is no","private participation in any of the","contracting authorities involved."],"old":["(e) there is no private participation in any","of the contracting authorities involved."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"404","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-1002","justification":"A specific treatment of services is only justified insofar it applies to all services of the same.","location":[["Proposal for a directive","Annex 17 \u2013 table \u2013 rows 7 a to 7 l (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:39"},"new":["79112000-2 Legal representation services","79100000-5 Legal services","79110000-8 Legal advisory and","representation services","79111000-5 Legal advisory services","79112100-3 Stakeholders representation","services","79120000-1 Patent and copyright","consultancy services","79121000-8 Copyright consultancy","services","79121100-9 Software copyright","consultancy services","79130000-4 Legal documentation and","certification services","79131000-1 Documentation services","79132000-8 Certification services","79140000-7 Legal advisory and","information services"],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"1002","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab, Birgit Collin-Langen, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-733","justification":" The rule stipulating that, following the award of the contract, staff working for the contractor\n may be replaced only with the consent of the contracting authority and that the latter must\n verify that the replacements ensure equivalent organisation and quality would generate an\n excessive administrative workload and might give rise to employment law-related problems,\n for SMUs in particular. What is more, this rule would run counter to the principle of the\n separation of eligibility and award criteria.","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point b"]],"meps":[28223,112788,96756],"meta":{"created":"2019-07-03T05:36:44"},"new":["deleted"],"old":["(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 entity which must verify that","replacements ensure equivalent","organisation and quality;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"733","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-405","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point e"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:41"},"new":["(e) the private participation in any of the","contracting authorities does not exceed","50 % of its voting shares."],"old":["(e) there is no private participation in any","of the contracting authorities involved."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"405","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-1003","location":[[" Proposal for a directive","Annex 17 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:36:39"},"new":[" Annex XVIIa"," Annex XVIIa \u2013 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 \u2013 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."],"orig_lang":"fr","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"1003","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-734","justification":"This should be up to the contracting authority for restoration of old buildings for example\nthose criterias are as important as in the case of the design of works.","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:44"},"new":["(b) for service contracts and contracts","involving works and especially 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 entity which must verify that","replacements ensure equivalent","organisation and quality;"],"old":["(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 entity which must verify","that replacements ensure equivalent","organisation and quality;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"734","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-406","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["5. The absence of private participation","referred to in paragraphs 1 to 4 shall be","verified at the time of the award of the","contract or of the conclusion of the","agreement."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"406","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-735","justification":" Qualification and experience of the staff criterion should be taken into consideration only in\n regard to services of for instance intellectual nature, where qualification and experience of\n particular person are of a crucial importance for achieving a high quality of service.\n However, if it is envisaged for all types of services it should at least clarify that the criterion\n may be applied if qualification and experience of the staff are of a crucial importance for\n achieving a high quality of particular service.","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point b"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:44"},"new":["(b) wherever the quality of the staff is of","crucial importance for the performance of","the contract ,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 entity;"],"old":["(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 entity which must verify","that replacements ensure equivalent","organisation and quality;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"735","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.870-1004","location":[[" Proposal for a regulation","Annex 17 a (new)"]],"meps":[96876,28223],"meta":{"created":"2019-07-03T05:36:39"},"new":[" Annex XVIIa","",""," Annex XVIIa - part A"," Services referred to in Article 14a","Category Subject CPC CPV Reference N\u00b0"," N\u00b0 Reference"," No (1)",""," 1 Maintenance and 6112, From 50100000-6 to"," repair services 6122, 633, 50884000-5 (except for"," 886 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 From 60100000-9 to"," (2), including armoured (except 60183000-4 (except"," car services, and 71235), 60160000-7, 60161000-"," courier services, 7512, 4, 60220000-6), and"," except transport of mail 87304 from 64120000-3 to"," 64121200-2"," 3 Air transport services of 73 (except From 60410000-5 to"," passengers and freight, 7321) 60424120-3 (except"," except 60411000-2, 60421000-"," transport of mail 5), and 60500000- 3,"," and from 60440000-4 to"," 60445000-9"," 4 Transport of mail by 60160000-7, 60161000-"," land (3) 71235, 4 60411000-2,"," and by air 7321 60421000-5",""," 5 Telecommunications From 64200000-8 to"," services 752 64228200-2 72318000-"," 7, and from 72700000-7"," to 72720000-3"," 6 Financial services: From 66100000-1 to"," (a) Insurance services ex 81, 812, 66720000-3"," (b) Banking and 814"," investment"," services (4)",""," 7 Computer and related From 50310000-1 to"," services 84 50324200-4 from"," 72000000-5 to"," 72920000-5 (except"," 72318000-7 and from"," 72700000-7 to",""," 72720000-3), 79342410-"," 4"," 8 Research and From 73000000-2 to"," development 85 73436000-7 (except"," services (5) 73200000-4, 73210000-"," 7, 73220000-0"," 9 Accounting, auditing From 79210000-9 to"," and 862 79223000-3"," bookkeeping services",""," 10 Market research and From 79300000-7 to"," public 864 79330000-6, and"," opinion polling services 79342310-9, 79342311-"," 6"," 11 Management From 73200000-4 to"," consulting services (6) 865, 866 73220000-0 from"," and related services 79400000-8 to"," 79421200-3 and"," 79342000-3, 79342100-"," 4 79342300-6,"," 79342320-2 79342321-"," 9, 79910000-6,"," 79991000-7 98362000-8"," 12 Architectural services; 867 From 71000000-8 to"," engineering services 71900000-7 (except"," and integrated 71550000-8) and"," engineering services; 79994000-8"," 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 From 70300000-4 to"," services and to 70340000-6, and from"," property management 82206 90900000-6 to"," services 90924000-0",""," 15 Publishing and printing 88442 From 79800000-2 to"," services on a fee or 79824000-6, and from"," contract basis 79970000-6 to"," 79980000-7",""," 16 Sewage and refuse 94 From 90400000-1 to"," disposal services; 90743200-9 (except"," sanitation and similar 90712200-3), from"," services 90910000-9 to"," 90920000-2 and"," 50190000-3, 50229000-"," 6 50243000-0","________________________________________","(1) Except employment contracts.","(2) Except contracts for the acquisition, development, production or co-production of programmes by","broadcasting organisations and contracts for broadcasting time.","",""," Annex XVIIa - Part B",""," Services referred to in Article 14a"," Category Subject CPC CPV Reference N\u00b0"," N\u00b0 Reference"," No (1)"," 17 Hotel and restaurant 64 From 55100000-1 to"," services 55524000-9, and from"," 98340000-8 to"," 98341100-6"," 18 Rail transport services 711 From 60200000-0 to"," 60220000-6"," 19 Water transport 72 From 60600000-4 to"," services 60653000-0, and from"," 63727000-1 to"," 63727200-3"," 20 Supporting and 74 From 63000000-9 to"," auxiliary 63734000-3 (except"," transport services 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 From 79600000-0 to"," and supply services (1) 79635000-4 (except"," 79611000-0, 79632000-"," 3, 79633000-0), and"," from 98500000-8 to"," 98514000-9)"," 23 Investigation and 873 From 79700000-1 to"," security services, except (except 79723000-8"," armoured car 87304)","",""," services",""," 24 Education and 92 From 80100000-5 to"," vocational 80660000-8 (except"," education services 80533000-9, 80533100-"," 0, 80533200-1)"," 25 Health and social 93 79611000-0, and from"," services 85000000-9 to"," 85323000-9 (except"," 85321000-5 and"," 85322000-2)"," 26 Recreational, cultural 96 From 79995000-5 to"," and 79995200-7, and from"," sporting services 92000000-1 to"," 92700000-8 (except"," 92230000-2, 92231000-"," 9, 92232000-6)"," 27 Other services (2)",""," ________________________________________"," (1) Except employment contracts."," (2) Except contracts for the acquisition, development, production or co-production of programmes by"," broadcasting organisations and contracts for broadcasting time."],"orig_lang":"en","peid":"PE492.870v02-00","reference":"2011/0439(COD)","seq":"1004","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.870+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-407","justification":"All conditions should be verified at the time of the award of the contract.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meta":{"created":"2019-07-03T05:36:42"},"new":["5. The absence of any form of private","participation and all the other conditions","referred to in paragraphs 1 to 4 shall be","verified at the time of the award of the","contract or of the conclusion of the","agreement."],"old":["5. The absence of private participation","referred to in paragraphs 1 to 4 shall be","verified at the time of the award of the","contract or of the conclusion of the","agreement."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"407","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-736","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point b"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:44"},"new":["(b) for service contracts and contracts","involving the design of works, the","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 authority, which must verify","that replacements ensure equivalent","qualification and experience;"],"old":["(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 entity which must verify","that replacements ensure equivalent","organisation and quality;"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"736","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-408","location":[["Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:42"},"new":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures,","unless the private participation is legally","enforced and/or the private participation","was not foreseeable at the time of the","initial contracting."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"408","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-737","justification":"In the context of contract award procedures, non-procurement-related criteria should be used\nonly if they are closely linked to the subject-matter of the contract. The requirement to take\naccount of production processes when determining the economically most advantageous\ntender is at odds with that principle.","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:44"},"new":["deleted"],"old":["(d) 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, to the extent that those criteria are","","","specified in accordance with paragraph 4","and they concern factors directly involved","in those processes and characterise the","specific process of production or provision","of the requested works, supplies or","services."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"737","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-409","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T05:36:42"},"new":["Following the entry into force of this","Directive, the exclusions provided for in","paragraphs 1 to 4 shall cease to apply from","the moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"de","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"409","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-738","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:44"},"new":["deleted"],"old":["(d) 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, to the extent that those criteria are","specified in accordance with paragraph 4","and they concern factors directly involved","in those processes and characterise the","specific process of production or provision","of the requested works, supplies or","services."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"738","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Pablo Arias Echeverr\u00eda","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-410","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[96808],"meta":{"created":"2019-07-03T05:36:42"},"new":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures,","except for cases where private","participation in the legal person which","results in it becoming an affiliated","undertaking takes place through any of","the procedures provided for in this","Directive or in Directives (replacing","2004/17/EC and 2004/18/EC)."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"es","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"410","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-739","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:44"},"new":["deleted"],"old":["(d) 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, to the extent that those criteria are","specified in accordance with paragraph 4","and they concern factors directly involved","in those processes and characterise the","specific process of production or provision","of the requested works, supplies or","services."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"739","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-411","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meta":{"created":"2019-07-03T05:36:42"},"new":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any of the cumulative conditions","listed therein is no longer fulfilled, with","the effect that ongoing contracts need to be","opened to competition through regular","procurement procedures."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"411","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-740","justification":" Extremely complex wording - redundant","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:44"},"new":["(d) 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, specified in accordance with paragraph","4."],"old":["(d) 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, to the extent that those criteria are","specified in accordance with paragraph 4","and they concern factors directly involved","in those processes and characterise the","specific process of production or provision","of the requested works, supplies or","services."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"740","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-412","location":[["Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:42"},"new":["However, transferring tasks between","public sector organisations is a matter for","the Member States' internal","administrative organisation and not","subject to procurement law."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"412","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-741","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d a (new)"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:44"},"new":["(da) social criteria, such as respect for the","right to decent working conditions,","compliance with health and safety rules,","collective bargaining, gender equality","(e.g. equal pay, work-life balance), social","integration, including employment","opportunities for disabled, disadvantaged","or vulnerable workers (such as long-term","unemployed persons, Roma, migrants or","younger and older workers), access to on-","site vocational training, user involvement","and consultation, affordability, human","rights and ethical trade;"],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"741","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-413","justification":" Reorganisation and clarification of the entire article with a view to stating unambiguously:\n (1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\n affiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\n whose relationship was unclear); and (3) the conditions governing these exclusions. The text\n of existing paragraph 1 has been incorporated into paragraph 2 (see the amendment to\n Article 22, paragraph 2).","location":[["Proposal for a directive","Article 22 \u2013 paragraph 1"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["1. Article 21 notwithstanding and","provided that the conditions in paragraphs","2 and 4 are met, this Directive shall not","apply to contracts awarded:","(a) by a contracting entity to an affiliated","undertaking, or","(b) by a joint venture, comprised","exclusively of a number of contracting","entities for the purpose of carrying out","activities within the meaning of Articles 5","to 11, to an undertaking which is","affiliated with one of those contracting","entities."],"old":["1. For the purposes of this Article,","\"affiliated undertaking\" means any","undertaking the annual accounts of which","are consolidated with those of the","contracting entity in accordance with the","requirements of the Seventh Council","Directive 83/349/EEC40.",""],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"413","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Vicente Miguel Garc\u00e9s Ram\u00f3n","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-742","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d a (new)"]],"meps":[39321],"meta":{"created":"2019-07-03T05:36:44"},"new":["(da) characteristics relating to working","conditions that aim to protect the health","of the workers or favour the social","integration of disadvantaged or disabled","persons amongst the persons assigned to","performing the contract."],"orig_lang":"es","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"742","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-414","location":[[" Proposal for a directive","Article 22 \u2013 paragraphs 1 and 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:42"},"new":["1. For the purposes of this Article,","\u2018affiliated undertaking\u2019 means:","(a) any undertaking the annual accounts of","which are consolidated with those of the","contracting entity in accordance with the","requirements of the Seventh Council","Directive 83/349/EEC;","(b) any undertaking that:","(i) may be, directly or indirectly, subject to","a dominant influence by the contracting","entity within the meaning of point (5) of","Article 2 and Article 4(1) of this Directive;","(ii) may exercise a dominant influence over","the contracting entity;","(iii) in common with the contracting entity,","is subject to the dominant influence of","another undertaking by virtue of","ownership, financial participation, or the","rules which govern it."],"old":["1. For the purposes of this Article,","\u2018affiliated undertaking\u2019 means any","undertaking the annual accounts of which","are consolidated with those of the","contracting entity in accordance with the","requirements of the Seventh Council","Directive 83/349/EEC.","2. In the case of entities not subject to that","Directive, \u2018affiliated undertaking\u2019 shall","","","mean any undertaking that:","(a) may be, directly or indirectly, subject to","a dominant influence by the contracting","entity within the meaning of point (5) of","Article 2 and Article 4(1) of this Directive;","(b) may exercise a dominant influence over","the contracting entity;","(c) in common with the contracting entity,","is subject to the dominant influence of","another undertaking by virtue of","ownership, financial participation, or the","rules which govern it."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"414","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-743","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:36:44"},"new":["(da) social criteria such as gender","balance, social inclusion, including","employment opportunities for disabled,","disadvantaged or vulnerable workers,","access to vocational training in the","workplace, consultation and participation","of users, economic accessibility;"],"orig_lang":"it","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"743","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-415","justification":" Reorganisation and clarification of the entire article with a view to stating unambiguously:\n (1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\n affiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\n whose relationship was unclear); and (3) the conditions governing these exclusions. The\n inclusion of the words 'within the meaning of Article 4(1)' makes clear exactly what the\n reference is to (dominant influence, and not the contracting entity).","location":[["Proposal for a directive","Article 22 \u2013 paragraph 2"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["2. For the purposes of this Article,","\"affiliated undertaking\" means:","(a) any undertaking the annual accounts","of which are consolidated with those of","the contracting entity in accordance with","the requirements of the Seventh Council","Directive 83/349/EEC; or","(b) any undertaking that meets any of the","following conditions:","(i) an undertaking which may be, directly","or indirectly, subject to a dominant","influence by the contracting entity within","the meaning of point (5) of Article 2 of this","Directive;","(ii) an undertaking which may exercise a","dominant influence over the contracting","entity;","(iii) an undertaking which, in common","with the contracting entity, is subject to the","dominant influence of another undertaking","by virtue of ownership, financial","participation, or the rules which govern it.","The notion of dominant influence is","defined in Article 4(1) of this Directive."],"old":["2. In the case of entities not subject to that","Directive, \"affiliated undertaking\" shall","mean any undertaking that:","(a) may be, directly or indirectly, subject to","a dominant influence by the contracting","entity within the meaning of point (5) of","Article 2 and Article 4(1) of this Directive;","(b) may exercise a dominant influence over","the contracting entity;","(c) in common with the contracting entity,","is subject to the dominant influence of","another undertaking by virtue of","ownership, financial participation, or the","rules which govern it.","",""],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"415","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-744","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[1913],"meta":{"created":"2019-07-03T05:36:44"},"new":["deleted"],"old":["3. Member States may provide that the","award of certain types of contracts shall","be based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"744","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Frank Engel, Philippe Juvin, Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-745","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[96876,96884,28223],"meta":{"created":"2019-07-03T05:36:45"},"new":["deleted"],"old":["3. Member States may provide that the","award of certain types of contracts shall","be based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"fr","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"745","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-416","justification":" Reorganisation and clarification of the entire article with a view to stating unambiguously:\n (1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\n affiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\n whose relationship was unclear); and (3) the conditions governing these exclusions. The\n inclusion of the words 'within the meaning of Article 4(1)' makes clear exactly what the\n reference is to (dominant influence, and not the contracting entity).","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 2 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(a) may be, directly or indirectly, subject","to a dominant influence by the","contracting entity within the meaning of","point (5) of Article 2 and Article 4(1) of","this Directive;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"416","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyne Gebhardt, Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-746","location":[["Proposal for a directive","Article 76 \u2013 paragraph 4"]],"meps":[1913,96932],"meta":{"created":"2019-07-03T05:36:45"},"new":["4. Award criteria shall be linked to the","subject-matter of the contract (this shall","not exclude invisible product or service","characteristics, such as life-cycle","characteristics); they shall ensure the","possibility of effective and fair","competition and shall be accompanied by","requirements that allow the information","provided by the tenderers to be effectively","verified. Contracting authorities shall","verify effectively, on the basis of the","information and proof provided by the","tenderers, whether the tenders meet the","award criteria."],"old":["4. Award criteria shall not confer an","unrestricted freedom of choice on the","contracting entity. They shall ensure the","possibility of effective competition and","shall be accompanied by requirements","which allow the information provided by","the tenderers to be effectively verified.","Contracting entities shall verify effectively,","on the basis of the information and proof","provided by the tenderers, whether the","tenders meet the award criteria."],"orig_lang":"de","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"746","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-417","justification":"Reorganisation and clarification of the entire article with a view to stating unambiguously:\n(1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\naffiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\nwhose relationship was unclear); and (3) the conditions governing these exclusions. The\ninclusion of the words 'within the meaning of Article 4(1)' makes clear exactly what the\nreference is to (dominant influence, and not the contracting entity).","location":[["Proposal for a directive","Article 22 \u2013 paragraph 2 \u2013 point b"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(b) may exercise a dominant influence","over the contracting entity;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"417","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-747","justification":" redundant","location":[["Proposal for a directive","Article 76 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:45"},"new":["4. Award criteria shall be accompanied by","requirements which allow the information","provided by the tenderers to be effectively","verified."],"old":["4. Award criteria shall not confer an","unrestricted freedom of choice on the","contracting entity. They shall ensure the","possibility of effective competition and","shall be accompanied by requirements","which allow the information provided by","the tenderers to be effectively verified.","Contracting entities shall verify","effectively, on the basis of the information","and proof provided by the tenderers,","","whether the tenders meet the award","criteria."],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"747","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-748","justification":" Life-cycle costing should start at the point of purchase and be limited to internal costs.\n External costs are difficult to quantify and at the same time life-cycling costing should not\n lead to new barriers for the free movement of goods and services in the single market.\n External costs should therefore not be included in the life-cycle costing.","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:45"},"new":["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:"],"old":["1. Life-cycle costing shall to the extent","relevant cover the following costs over the","life cycle of a product, service or works as","defined in point 22 of Article 2:"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"748","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-418","justification":"Reorganisation and clarification of the entire article with a view to stating unambiguously:\n(1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\naffiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\nwhose relationship was unclear); and (3) the conditions governing these exclusions. The\ninclusion of the words 'within the meaning of Article 4(1)' makes clear exactly what the\n\n reference is to (dominant influence, and not the contracting entity).","location":[["Proposal for a directive","Article 22 \u2013 paragraph 2 \u2013 point c"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["(c) in common with the contracting entity,","is subject to the dominant influence of","another undertaking by virtue of","ownership, financial participation, or the","rules which govern it."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"418","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Malcolm Harbour, Edvard Ko\u017eu\u0161n\u00edk","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.862-749","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point a"]],"meps":[4538,96704],"meta":{"created":"2019-07-03T05:36:45"},"new":["(a) internal costs relating to use, such as","maintenance and resource efficiency costs","(including energy efficiency), end-of-life","recycling and collection costs, and social","impact costs where these relate to","performance of the contract. Internal","costs also include considerations of","efficient design, planning and process","costs such as the use of electronic means."],"old":["(a) internal costs, including costs relating","to acquisition, such as production costs,","","use, such as energy consumption,","maintenance costs and end of life, such as","collection and recycling costs and"],"orig_lang":"en","peid":"PE492.862v02-00","reference":"2011/0439(COD)","seq":"749","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.862+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-419","justification":" Reorganisation and clarification of the entire article with a view to stating unambiguously:\n (1) the subject of the article (the exclusion of certain contracts); (2) the definition of an\n affiliated undertaking (which was previously spread over two paragraphs (22(1) and 22(2))\n whose relationship was unclear); and (3) the conditions governing these exclusions. This text\n has been reincorporated as paragraph 1 given that it concerns the subject of the article\n (exclusions) and should therefore be included first.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 3"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:42"},"new":["deleted"],"old":["3. Article 21 notwithstanding and","provided that the conditions in paragraph","4 are met, this Directive shall not apply to","contracts awarded:","(a) by a contracting entity to an affiliated","undertaking, or","(b) by a joint venture, formed exclusively","by a number of contracting entities for the","purpose of carrying out activities within","the meaning of Articles 5 to 11, to an","undertaking which is affiliated with one","of those contracting entities."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"419","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-420","justification":"Clarification of the exclusion of of contracts awarded to affiliated undertakings in order to\navoid any distortion of competition to the benefit of these undertakings.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 3 \u2013 point a"]],"meta":{"created":"2019-07-03T05:36:43"},"new":["(a) by a contracting entity to an affiliated","undertaking whose activity is confined to","the provision of services, supply or works","to the group of which it is part, rather","than offering them on the marke; or"],"old":["(a) by a contracting entity to an affiliated","","undertaking, or"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"420","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-421","justification":"This is in line with the amendments tabled to this article. Given that the current paragraph 3\nhas now become paragraph 1 in order to clarify and simplify the article, the reference in\nparagraph 4 has been changed.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 introductory part"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:43"},"new":["4. Paragraph 1 shall apply:"],"old":["4. Paragraph 3 shall apply:"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"421","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-422","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:36:43"},"new":["4. Paragraph 2 shall apply if the affiliated","undertaking:","(a) is itself a contracting authority;","(b) when it is not a contracting authority","has, at least, as one of their activities any","of the activities reffered to in Articles 5 to","11, or any combination thereof and","operate on the basis of special or","exclusive rights granted by a competent","authority of a Member State."],"old":["4. Paragraph 3 shall apply:","(a) to service contracts provided that at","least 80 % of the average total turnover of","","","the affiliated undertaking with respect to","services in general for the preceding three","years derives from the provision of","services to undertakings with which it is","affiliated;","(b) to supply contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","supplies in general for the preceding three","years derives from the provision of","supplies to undertakings with which it is","affiliated;","(c) to works contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","works in general for the preceding three","years derives from the provision of works","to undertakings with which it is affiliated."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"422","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-423","justification":"All services provided by the affiliated undertaking must be taken into account when\ncalculating the figure which represents 80% of the turnover (services provided to the\ncontracting entity and other services). A link must also be established between this figure of\n80% of the affiliated undertaking\u2019s turnover and the contracting entity that awarded the\ncontract to the affiliated undertaking, regardless of whether it is actually affiliated or subject\nto the dominant influence of another undertaking with which the contractual partner is\naffiliated.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point a"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:43"},"new":["(a) to service contracts provided that at","least 80% of the average total turnover of","the affiliated undertaking, taking into","account all services provided by that","undertaking, for the preceding three years","derives from the provision of services to","the contracting entity with which it is","affiliated, or to the contracting entity","which is itself subject to the dominant","influence of another undertaking with","which the contractual partner is affiliated;"],"old":["(a) to service contracts provided that at","least 80% of the average total turnover of","the affiliated undertaking with respect to","services in general for the preceding three","years derives from the provision of","services to undertakings with which it is","affiliated;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"423","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-424","justification":"This amendment aims at limiting the exemption to avoid competition distortions in favour of\naffiliated undertakings which are also active on the market with respect to the activities they\nprovide for the contracting entity.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point a"]],"meta":{"created":"2019-07-03T05:36:43"},"new":["(a) to service contracts provided that the","total turnover of the affiliated undertaking","with respect to services in general for the","preceding three years derives from the","provision of services to undertakings with","which it is affiliated;"],"old":["(a) to service contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","services in general for the preceding three","years derives from the provision of","services to undertakings with which it is","affiliated;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"424","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-425","justification":" All supplies provided by the affiliated undertaking must be taken into account when\n calculating the figure which represents 80% of the turnover (supplies provided to the\n contracting entity and other supplies). A link must also be established between this figure of\n 80% of the affiliated undertaking\u2019s turnover and the contracting entity that awarded the\n contract to the affiliated undertaking, regardless of whether it is actually affiliated or subject\n to the dominant influence of another undertaking with which the contractual partner is\n affiliated.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point b"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:43"},"new":["(b) to supply contracts provided that at","least 80% of the average total turnover of","the affiliated undertaking, taking into","account all supplies provided by that","undertaking, for the preceding three years","derives from the provision of those","supplies to the contracting entity with","which it is affiliated, or to the contracting","entity which is itself subject to the","dominant influence of another","undertaking with which the contractual","partner is affiliated;"],"old":["(b) to supply contracts provided that at","least 80% of the average total turnover of","","the affiliated undertaking with respect to","supplies in general for the preceding three","years derives from the provision of","supplies to undertakings with which it is","affiliated;"],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"425","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-426","justification":" This amendment aims at limiting the exemption to avoid competition distortions in favour of\n\n\naffiliated undertakings which are also active on the market with respect to the activities they\nprovide for the contracting entity.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point b"]],"meta":{"created":"2019-07-03T05:36:43"},"new":["(b) to supply contracts provided that the","total turnover of the affiliated undertaking","with respect to supplies in general for the","preceding three years derives from the","provision of supplies to undertakings with","which it is affiliated;"],"old":["(b) to supply contracts provided that at","least 80 % of the average total turnover of","the affiliated undertaking with respect to","supplies in general for the preceding three","years derives from the provision of","supplies to undertakings with which it is","affiliated;"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"426","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-427","justification":"All works provided by the affiliated undertaking must be taken into account when calculating\nthe figure which represents 80% of the turnover (works provided to the contracting entity and\nother works). A link must also be established between this figure of 80% of the affiliated\nundertaking\u2019s turnover and the contracting entity that awarded the contract to the affiliated\nundertaking, regardless of whether it is actually affiliated or subject to the dominant influence\nof another undertaking with which the contractual partner is affiliated.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point c"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:43"},"new":["(c) to works contracts provided that at least","80% of the average total turnover of the","affiliated undertaking, taking into account","all works provided by that undertaking,","for the preceding three years derives from","the provision of works to the contracting","entity with which it is affiliated, or to the","contracting entity which is itself subject to","the dominant influence of another","undertaking with which the contractual","partner is affiliated."],"old":["(c) to works contracts provided that at least","80% of the average total turnover of the","affiliated undertaking with respect to","works in general for the preceding three","years derives from the provision of works","to undertakings with which it is affiliated."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"427","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cristian Silviu Bu\u015foi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-428","justification":" This amendment aims at limiting the exemption to avoid competition distortions in favour of\n affiliated undertakings which are also active on the market with respect to the activities they\n provide for the contracting entity.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 4 \u2013 point c"]],"meta":{"created":"2019-07-03T05:36:43"},"new":["(c) to works contracts provided that the","total turnover of the affiliated undertaking","with respect to works in general for the","preceding three years derives from the","provision of works to undertakings with","which it is affiliated."],"old":["(c) to works contracts provided that at least","80 % of the average total turnover of the","","affiliated undertaking with respect to works","in general for the preceding three years","derives from the provision of works to","undertakings with which it is affiliated."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"428","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-429","justification":" The reference to business projections and the 'credible' nature of the turnover is vague and\n could lead to the misuse of this exclusion criterion.","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[96884],"meta":{"created":"2019-07-03T05:36:43"},"new":["deleted"],"old":["5. When, because of the date on which an","affiliated undertaking was created or","commenced activities, the turnover is not","available for the preceding three years, it","will be sufficient for that undertaking to","show that the turnover referred to in","points (a), (b) or (c) of paragraph 4 is","credible, particularly by means of","business projections."],"orig_lang":"fr","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"429","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-430","location":[[" Proposal for a directive","Article 24 \u2013 introductory part"]],"meps":[96873],"meta":{"created":"2019-07-03T05:36:43"},"new":["Contracting entities shall notify to the","Commission the following information","regarding the application of Article 22,","paragraphs 2, 3 and Article 23:"],"old":["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:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"430","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-431","location":[["Proposal for a directive","Article 27 \u2013 paragraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["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, or in the related specific","sectors or segments the activity 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."],"old":["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 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"431","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-432","location":[[" Proposal for a directive","Article 27 \u2013 paragraph 1"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:43"},"new":["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 or relevant","sectors or segments in which it is","performed, the activity 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."],"old":["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 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."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"432","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-433","location":[[" Proposal for a directive","Article 27 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["2. For the purposes of paragraph 1, the","question of whether an activity is directly","exposed to competition the relevant","market, both in its product and","geographic dimension, has to be defined.","Definition of the relevant market shall be","decided on the basis of criteria that are in","conformity with the provisions on","competition of the Treaty; those may","include the characteristics of the goods or","services concerned which are regarded as","substitutable both on the demand and the","supply side \u2013 for instance as far as inter-","modality in the transport sector is","concerned-, the existence of alternative","goods or services, the prices and the actual","or potential presence of more than one","supplier of the goods or provider of the","services in question."],"old":["2. For the purposes of paragraph 1, the","question of whether an activity is directly","exposed to competition shall be decided on","the basis of criteria that are in conformity","with the provisions on competition of the","Treaty; those may include the","characteristics of the goods or services","concerned, the existence of alternative","goods or services, the prices and the actual","or potential presence of more than one","","supplier of the goods or provider of the","services in question."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"433","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-434","location":[["Proposal for a directive","Article 27 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:43"},"new":["2. For the purposes of paragraph 1 the","question of whether an activity is directly","exposed to competition requires that the","relevant product market and the relevant","geographic market be defined. The","relevant product market shall be decided","on the basis of criteria that are in","conformity with the provisions on","competition of the Treaty; those may","include the characteristics of the goods or","services concerned, the existence of","alternative goods or services considered to","be substitutable on the supply side or","demand side, the prices and the actual or","potential presence of more than one","supplier of the goods or provider of the","services in question. The relevant","geographic market, on the basis of which","exposure to competition is assessed, shall","consist of the area in which the","undertakings concerned are involved in","the supply and demand of products or","services, in which the conditions of","competition are sufficiently homogeneous","and which can be distinguished from","neighbouring areas because, in","particular, conditions of competition are","appreciably different in those areas.. This","assessment shall take account in","particular of the nature and","characteristics of the products or services","concerned, of the existence of entry","barriers or of consumer preferences, of","appreciable differences of the","undertakings' market shares between the","area concerned and neighbouring areas","or of substantial price differences."],"old":["2. For the purposes of paragraph 1, the","question of whether an activity is directly","exposed to competition shall be decided on","the basis of criteria that are in conformity","with the provisions on competition of the","Treaty; those may include the","characteristics of the goods or services","concerned, the existence of alternative","goods or services, the prices and the actual","or potential presence of more than one","supplier of the goods or provider of the","services in question.",""],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"434","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-435","location":[[" Proposal for a directive","Article 27 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["3. 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","concerned market the application of","principles established by the mentioned","legislation. If free access to a given","market cannot be presumed on the basis","of the first subparagraph, it must be","demonstrated that access to the market in","question is free de facto and de jure."],"old":["3. 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"435","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-436","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:43"},"new":["1. 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 desing","contests for the pursuit of that activity or of","a single sector or segment of it."],"old":["1. 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 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 desing contests for the","pursuit of that activity."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"436","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-437","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:44"},"new":["1. 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 directly exposed, in whole or in","part, including as regards individual","sectors or segments, 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","the individual sector or segment thereof."],"old":["1. 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 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."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"437","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-438","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:44"},"new":["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 of a single sector","or segment of it."],"old":["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. 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."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"438","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-439","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:44"},"new":["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 the individual","sector or segment thereof. 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.","Or."],"old":["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. 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.",""],"peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"439","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-440","location":[["Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:44"},"new":["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 of","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) ."],"old":["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","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) ."],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"440","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-441","location":[["Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:44"},"new":["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","referred to in Articles 5 to 11,or the","individual sector or segment thereof, is","directly exposed to competition on the","basis of the criteria set out in Article 27.","Those implementing acts shall be adopted","in accordance with the advisory procedure","referred to in Article 100(2)."],"old":["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","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 acts shall be adopted in","accordance with the advisory procedure","referred to in Article 100(2)."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"441","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ma\u0142gorzata Handzlik, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-442","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[28275,96773],"meta":{"created":"2019-07-03T05:36:44"},"new":["Contracts intended to enable the activity","concerned, or of 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 of a single sector or","segment of it, shall cease to be subject to","this Directive in any of the following cases:"],"old":["Contracts intended to enable the activity","concerned to be carried out and design","contests that are organised for the pursuit","of such an activity shall cease to be subject","to this Directive in any of the following","cases:"],"orig_lang":"en","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"442","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-443","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:44"},"new":["Contracts intended to enable the activity","concerned, or the individual sector or","segment thereof, to be carried out and","design contests that are organised for the","pursuit of such an activity, or the","individual sector or segment, shall cease to","be subject to this Directive in any of the","following cases:"],"old":["Contracts intended to enable the activity","concerned to be carried out and design","contests that are organised for the pursuit","of such an activity shall cease to be subject","to this Directive in any of the following","cases:"],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"443","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Lara Comi","changes":{},"committee":["IMCO"],"date":"2012-09-03T00:00:00","id":"PE492.861-444","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 4"]],"meps":[96757,96775],"meta":{"created":"2019-07-03T05:36:44"},"new":["4. Where an activity, or an individual","sector or segment thereof, in a given","Member State is already the subject of a","procedure under paragraphs 1, 2 and 3,","further requests concerning the same","activity, or individual sector or segment","thereof, in the same Member State before","the expiry of the period opened in respect","of the first request shall not be considered","as new procedures and shall be treated in","the context of the first request."],"old":["4. Where an activity in a given Member","State is already the subject of a procedure","under paragraphs 1, 2 and 3, further","requests concerning the same activity in","the same Member State before the expiry","of the period opened in respect of the first","request shall not be considered as new","procedures and shall be treated in the","context of the first request."],"orig_lang":"it","peid":"PE492.861v02-00","reference":"2011/0439(COD)","seq":"444","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.861+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Antonio Cancian","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-37","location":[["Proposal for a directive","Recital 8"]],"meps":[96733],"meta":{"created":"2019-07-03T05:39:49"},"new":["(8) The notion of special or exclusive","rights is central to the definition of the","scope of this Directive, since entities which","are not within the meaning of this","Directive are subject to its provisions only","to the extent that they exercise one of the","activities covered on the basis of such","rights. It is therefore appropriate to clarify","that rights which have been granted by","means of a procedure based on objective","criteria, notably pursuant to Union","legislation, and for which adequate","publicity has been ensured do not","constitute special or exclusive rights for the","purposes of this Directive. This legislation","should include Directive 98/30/EC of the","European Parliament and of the Council of","22 June 1998 concerning common rules for","the internal market in natural gas, Directive","96/92/EC of the European Parliament and","of the Council of 19 December 1996","concerning common rules for the internal","market in electricity, Directive 97/67/EC of","the European Parliament and of the","Council of 15 December 1997 on common","rules for the development of the internal","market of Community postal services and","the improvement of quality of service,","Directive 94/22/EC of the European","Parliament and of the Council of 20 May","1994 on the conditions for granting and","using authorisations for the prospection,","exploration and production of","hydrocarbons and Regulation (EC) No","1370/2007 of the European Parliament and","of the Council of 23 October 2007 on","public passenger transport services by rail","and by road and repealing Council","Regulations (EEC) Nos 1191/69 and","1107/70."],"old":["(8) The notion of special or exclusive","rights is central to the definition of the","scope of this Directive, since entities which","are neither contracting authorities nor","public undertakings within the meaning of","this Directive are subject to its provisions","only to the extent that they exercise one of","the activities covered on the basis of such","rights. It is therefore appropriate to clarify","that rights which have been granted by","means of a procedure based on objective","criteria, notably pursuant to Union","legislation, and for which adequate","publicity has been ensured do not","constitute special or exclusive rights for the","purposes of this Directive. This legislation","should include Directive 98/30/EC of the","European Parliament and of the Council of","22 June 1998 concerning common rules for","the internal market in natural gas, Directive","96/92/EC of the European Parliament and","of the Council of 19 December 1996","concerning common rules for the internal","market in electricity, Directive 97/67/EC of","the European Parliament and of the","Council of 15 December 1997 on common","rules for the development of the internal","market of Community postal services and","the improvement of quality of service,","Directive 94/22/EC of the European","Parliament and of the Council of 20 May","1994 on the conditions for granting and","using authorisations for the prospection,","exploration and production of","hydrocarbons and Regulation (EC) No","1370/2007 of the European Parliament and","of the Council of 23 October 2007 on","public passenger transport services by rail","and by road and repealing Council","","Regulations (EEC) Nos 1191/69 and","1107/70."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jim Higgins","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-38","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[28117],"meta":{"created":"2019-07-03T05:39:49"},"new":["(8a) Whereas care needs to be taken to","ensure that the social aspect of postal","services in rural areas is not neglected","when opening this market up to","competition."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-39","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 second subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:49"},"new":["An entirety of works, supplies 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."],"old":["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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-40","justification":"While contracting authorities shall, in the interest of the taxpayer, be responsible for ensuring\nthat value for money is secured as regards whatever solution is selected through public\nprocurement, and that this does not end up costing more to society or the environment overall\non the long run, this responsibility can only reasonably run from the point of purchase.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:49"},"new":["(22) \u2018life cycle\u2019 means monetising,","wherever possible, the full costs","associated to the public procurement,","including maintenance and resource","(including energy) efficiency costs, end-","of- life recycling costs, and social impact","costs where these relate to performance of","the contract. Efficient design, planning","and use of electronic means can also be","included in life cycle monetisation. For","the purposes of public procurement, the","life cycle runs from the point of purchase","throughout the lifetime of the works,","supplies or services and forms an integral","and in-dissociable part of the calculation","of what constitutes the Most Economically","Advantageous Tender."],"old":["(22) \u2018life cycle\u2019 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 to disposal,","clearance and finalisation;"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Philippe De Backer","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-41","justification":" Seeks to exempt postal services that do not form part of the universal service from the\n obligations under this directive. Given that those services are offered on a competitive\n market, an obligation to carry out tendering would lead to a competitive disadvantage as\n compared with market competitors.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 2 \u2013 point b"]],"meps":[109337],"meta":{"created":"2019-07-03T05:39:50"},"new":["(b) \u2018postal services\u2019 means services","consisting of the clearance, sorting, routing","and delivery of domestic postal items and","services falling within the scope of the","universal service set up in conformity with","Directive 97/67/EC;"],"old":["(b) \u2018postal services\u2019 means services","consisting of the clearance, sorting, routing","and delivery of postal items. This shall","include both services falling within as well","as services falling outside the scope of the","","","universal service set up in conformity with","Directive 97/67/EC;"],"orig_lang":"nl","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-42","justification":" Some sectors of the railway market are already directly exposed to competition and freely\n\naccessible, and for this reason should not fall within the scope of Directive 2004/17.","location":[[" Proposal for a directive","Article 27 \u2013 paragraph 1"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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."],"old":["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 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-43","location":[["Proposal for a directive","Article 27 \u2013 paragraph 3 \u2013 first subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-44","justification":" Some sectors of the railway market are already directly exposed to competition and freely\n accessible, and for this reason should not fall within the scope of Directive 2004/17.","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 first subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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."],"old":["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 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-45","justification":" Some sectors of the railway market are already directly exposed to competition and freely\n accessible, and for this reason should not fall within the scope of Directive 2004/17.","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 second subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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."],"old":["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. 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-46","justification":"Some sectors of the railway market are already directly exposed to competition and freely\naccessible, and for this reason should not fall within the scope of Directive 2004/17.","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 first subparagraph 1"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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)."],"old":["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","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)."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-47","justification":"Some sectors of the railway market are already directly exposed to competition and freely\naccessible, and for this reason should not fall within the scope of Directive 2004/17.","location":[["Proposal for a directive","Article 28 \u2013 paragraph 2 \u2013 second subparagraph \u2013 introductory part"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["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:"],"old":["Contracts intended to enable the activity","concerned to be carried out and design","contests that are organised for the pursuit","of such an activity shall cease to be subject","to this Directive in any of the following","cases:"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-48","justification":" This two-step approach is considered as more realistic and achievable target setting, and\n allows contracting authorities sufficient planning and implementation time.","location":[[" Proposal for a directive","Article 34 \u2013 paragraph 1"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:50"},"new":["Member States shall ensure that, by 1","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 1","January 2020, 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."],"old":["Member States shall ensure that, at the","latest 2 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bogdan Kazimierz Marcinkiewicz","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-49","location":[[" Proposal for a directive","Article 36"]],"meps":[96792],"meta":{"created":"2019-07-03T05:39:50"},"new":["Article 36 deleted","Conflicts of interests"],"old":["1. Member States shall, in respect of","contracting authorities within the","meaning of point 1 of Article 2, provide","for rules to effectively prevent, identify","","and immediately remedy conflicts of","interests arising in the conduct of","procurement procedures that are subject","to this Directive, including the design and","preparation of the procedure, the","drawing-up of the procurement","documents, the selection of candidates","and tenderers and the award of the","contract, so as to avoid any distortion of","competition and ensure equal treatment of","all tenderers.","The notion of conflict of interests shall at","least cover any situation where the","categories of persons referred to in","paragraph 2 have, directly or indirectly, a","private interest in the outcome of the","procurement procedure, which may be","perceived to impair the impartial and","objective performance of their duties.","For the purposes of this Article, \"private","interests\" means any family, emotional","life, economic, political or other shared","interests with the candidates or the","tenderers, including conflicting","professional interests.","2. The rules referred to in paragraph 1","shall apply to conflicts of interests","involving at least the following categories","of persons:","a) staff members of the contracting","authority, procurement service providers","or staff members of other service","providers who are involved in the conduct","of the procurement procedure;","b) the chairperson of the contracting","authority and members of decision-","making bodies of the contracting","authority who, without necessarily being","involved in the conduct of the","procurement procedure, may nevertheless","influence the outcome of that procedure.","3. Member States shall ensure in","particular:","a) that staff members referred to in","paragraph 2(a) are required to disclose","","any conflict of interests in relation to any","of the candidates or tenderers, as soon as","they become aware of such conflicts, in","order to enable the contracting authority","to take remedial action,","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.","In the event of a conflict of interests, the","contracting authority shall take","appropriate measures. Those measures","may include the recusal of the staff","member in question from involvement in","the affected procurement procedure or the","re-assignment of the staff member\u2019s","duties and responsibilities. If the conflict","of interests cannot be effectively remedied","by other means, the candidate or tenderer","concerned shall be excluded from the","procedure.","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. If the conflict of interests","cannot be effectively remedied by other","means, the candidate or tenderer","concerned shall be excluded from the","procedure.","4. All measures taken pursuant to this","Article shall be documented in the","individual report referred to in Article 94."],"orig_lang":"pl","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-50","justification":"The promotion of innovation partnerships is a key priority in this modernisation exercise.\nTherefore, the transposition of the procedure should not be optional but uniform across all\nMember States to ensure a level playing field.","location":[["Proposal for a directive","Article 43 \u2013 paragraph 1 \u2013 first subparagraph"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:50"},"new":["Member States shall provide that","contracting entities may apply innovation","partnerships as regulated in this Directive."],"old":["Member States may 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-51","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 third subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["The term of a framework agreement shall","not exceed six years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-52","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 4"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["deleted"],"old":["4. Where a framework agreement is","concluded with more than one economic","operator, it may be performed in one of","the two following ways:","(a) following the terms and conditions of","the framework agreement, without","reopening competition, where it sets out","all the terms governing the provision of","the works, services and supplies","concerned and the objective conditions for","determining which of the economic","operators, party to the framework","agreement, shall perform them; the latter","conditions shall be indicated in the","procurement documents;","(b) where not all the terms governing the","provision of the works, services and","supplies are laid down in the framework","agreement, through reopening","competition amongst the economic","operators parties to the framework","agreement."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-53","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 5"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:50"},"new":["deleted"],"old":["5. The competition referred to in","paragraph (4)(b) shall be based on the","same terms as applied for the award of the","framework agreement and, where","necessary, more precisely formulated","terms, and, where appropriate, other","terms referred to in the specifications of","","the framework agreement, in accordance","with the following procedure:","(a) for every contract to be awarded,","contracting entities shall consult in","writing the economic operators capable of","performing the contract;","(b) contracting entities shall fix a time","limit which is sufficiently long to allow","tenders for each specific contract to be","submitted, taking into account factors","such as the complexity of the subject-","matter of the contract and the time needed","to send in tenders;","(c) tenders shall be submitted in writing,","and their content shall not be opened until","the stipulated time limit for reply has","expired;","(d) contracting entities shall award each","contract to the tenderer that has submitted","the best tender on the basis of the award","criteria set out in the specifications of the","framework agreement."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-54","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 first subparagraph"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:50"},"new":["The most economically advantageous","tender referred to in point (a) of paragraph","1 from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","public contract in question and, wherever","possible, on the basis of the monetisation","of the life cycle as defined in Article 2,","point 22."],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1 from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-55","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 second subparagraph \u2013 point d"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:50"},"new":["deleted"],"old":["(d) 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, to the extent that those criteria are","specified in accordance with paragraph 4","and they concern factors directly involved","in those processes and characterise the","specific process of production or provision","of the requested works, supplies or","services."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-56","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 1 \u2013 point a"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:50"},"new":["(a) internal costs relating to use, such as","maintenance and resource efficiency costs","(including energy efficiency), end-of-life","recycling and collection costs, and social","impact costs where these relate to","performance of the contract. Internal","costs also include considerations of","efficient design, planning and process","costs such as the use of electronic means."],"old":["(a) internal costs, including costs relating","to acquisition, such as production costs,","use, such as energy consumption,","maintenance costs and end of life, such as","collection and recycling costs and"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bogdan Kazimierz Marcinkiewicz","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-57","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 a (new)"]],"meps":[96792],"meta":{"created":"2019-07-03T05:39:50"},"new":["1a. The criterion of an abnormally low","tender shall be applied in the","aforementioned situations where one or","more of the following conditions are","fulfilled:"],"orig_lang":"pl","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberts Z\u012ble","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-58","location":[["Proposal for a directive","Article 80"]],"meps":[28615],"meta":{"created":"2019-07-03T05:39:51"},"new":["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","include economic, innovative,","environmental or social considerations.","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. However, none","of those special conditions shall result in","loosing the link to the subject matter of","the contract."],"old":["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 considerations. 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Dominique Riquet, Michel Dantin","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-59","justification":" Greater flexibility seems necessary to make it possible to take account of new factors that\n arise during the performance of the contract.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96885,97296],"meta":{"created":"2019-07-03T05:39:51"},"new":["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."],"old":["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 5% 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."],"orig_lang":"fr","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-60","justification":"In order to make it easier to amend contracts during their execution, for instance in the light\nof new elements meanwhile occurred that must be taken into consideration for the purposes of\nthe contract execution.","location":[[" Proposal for a directive","Article 82 \u2013 paragraph 4"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:51"},"new":["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."],"old":["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 5% 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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-61","location":[["Proposal for a directive","Article 94 \u2013 paragraph 1 \u2013 second subparagraph"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:51"},"new":["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,","preparation of the tenders, dialogue or","negotiation if any, selection and award of","the contract."],"old":["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."],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antonio Cancian","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-62","location":[["Proposal for a directive","Annex III \u2013 point D \u2013 point 1"]],"meps":[96733],"meta":{"created":"2019-07-03T05:39:51"},"new":["Rail transport"],"old":["Rail Freight transport"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-63","justification":" Not only rail freight market but also part of the rail passenger market has been opened to\n competition.","location":[[" Proposal for a directive","Annex III \u2013 point D \u2013 point 1"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:51"},"new":["Rail transport"],"old":["Rail Freight transport"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio Cancian","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-64","location":[[" Proposal for a directive","Annex III \u2013 point D \u2013 point 2"]],"meps":[96733],"meta":{"created":"2019-07-03T05:39:51"},"new":["deleted"],"old":["Rail passenger transport","None"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gesine Meissner","changes":{},"committee":["TRAN"],"date":"2012-07-19T00:00:00","id":"PE494.542-65","location":[["Proposal for a directive","Annex III \u2013 point D \u2013 point 2"]],"meps":[96870],"meta":{"created":"2019-07-03T05:39:51"},"new":["deleted"],"old":["Rail passenger transport","None"],"orig_lang":"en","peid":"PE494.542v01-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.542+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-43","justification":"Adaption to the new provisions of the Lisbon Treaty.","location":[["Proposal for a directive","Recital 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:38"},"new":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility.","Public procurement rules have to respect","the distribution of competences as","enshrined in Article 14 TFEU and the","Protocol No 26 thereof. The application of","those rules should not interfere with the","freedom of public authorities to decide","how they carry out their public service","tasks."],"old":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-44","location":[[" Proposal for a directive","Recital 2"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility at","every level of the public procurement","procedure, particularly favouring small","and medium-sized enterprises."],"old":["(2) In order to guarantee the opening up to","competition of procurement by entities","operating in the water, energy, transport","and postal services sectors, provisions","should be drawn up coordinating","procurement procedures in respect of","contracts above a certain value. Such","coordination is needed to ensure the effect","of the principles of the Treaty on the","Functioning of the European Union and in","particular the free movement of goods, the","freedom of establishment and the freedom","to provide services as well as the principles","deriving therefrom, such as equal","treatment, non-discrimination, mutual","recognition, proportionality and","transparency. In view of the nature of the","sectors affected by such coordination, the","latter should, while safeguarding the","application of those principles, establish a","framework for sound commercial practice","and should allow maximum flexibility."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-45","location":[[" Proposal for a directive","Recital 4"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement procedures and to enable","procurers to make better use of public","procurement in support of common societal","goals. There is also a need to clarify basic","notions and concepts to ensure","transparency, fairness and better legal","certainty, and to incorporate certain aspects","of related well-established case-law of the","Court of Justice of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-46","location":[["Proposal for a directive","Recital 4"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:38"},"new":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, simplifying","in particular access for small and","medium-sized enterprises in public","procurement, and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"old":["(4) Public procurement plays a key role in","the Europe 2020 strategy as one of the","market-based instruments to be used to","achieve a smart, sustainable and inclusive","growth while ensuring the most efficient","","use of public funds. For that purpose, the","current public procurement rules adopted","pursuant to Directive 2004/17/EC of the","European Parliament and of the Council of","31 March 2004 coordinating the","procurement procedures of entities","operating in the water, energy, transport","and postal services sectors and Directive","2004/18/EC of the European Parliament","and of the Council of 31 March 2004 on","the coordination of procedures for the","award of public works contracts, public","supply contracts and public service","contracts have to be revised and","modernised in order to increase the","efficiency of public spending, facilitating","in particular the participation of small and","medium-sized enterprises in public","procurement and to enable procurers to","make better use of public procurement in","support of common societal goals. There is","also a need to clarify basic notions and","concepts to ensure better legal certainty","and to incorporate certain aspects of related","well-established case-law of the Court of","Justice of the European Union."],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-47","location":[[" Proposal for a directive","Recital 13"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:38"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and will be excluded from both","the corresponding and subsequent","procurement procedures within the EU if","this declaration proves to be false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false."],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-48","location":[["Proposal for a directive","Recital 25"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Contracting entities","should make the best strategic use of public","procurement to spur research and","innovation, particularly at regional and","local level. Buying innovative goods and","services plays a key role in improving the","efficiency and quality of public services","while addressing major societal challenges.","It contributes to achieving best value for","money as well as wider economic,","environmental and societal benefits in","terms of generating new ideas, translating","them into innovative products and services","and thus promoting sustainable economic","growth. This directive should contribute to","facilitating procurement of innovation and","help Member States in achieving the","Innovation Union targets. A specific","procurement procedure should therefore be","provided for which allows contracting","entities to establish a long-term innovation","partnership for the development and","subsequent purchase of a new, innovative","product, service or works provided it can","be delivered to agreed performance levels","and costs. The partnership should be","structured in such a way that it can provide","the necessary \u201cmarket-pull\u201d incentivising","the development of an innovative solution","without foreclosing the market."],"old":["(25) Research and innovation, including","eco-innovation and social innovation, are","among the main drivers of future growth","and have been put at the centre of the","Europe 2020 strategy for smart, sustainable","and inclusive growth. Contracting entities","should make the best strategic use of public","procurement to spur innovation. Buying","innovative goods and services plays a key","role in improving the efficiency and quality","of public services while addressing major","societal challenges. It contributes to","achieving best value for money as well as","wider economic, environmental and","societal benefits in terms of generating new","ideas, translating them into innovative","products and services and thus promoting","sustainable economic growth. This","directive should contribute to facilitating","procurement of innovation and help","Member States in achieving the Innovation","Union targets. A specific procurement","procedure should therefore be provided for","which allows contracting entities to","establish a long-term innovation","partnership for the development and","subsequent purchase of a new, innovative","product, service or works provided it can","be delivered to agreed performance levels","","and costs. The partnership should be","structured in such a way that it can provide","the necessary \u201cmarket-pull\u201d incentivising","the development of an innovative solution","without foreclosing the market."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-49","location":[[" Proposal for a directive","Recital 27"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(27) Electronic means of information and","communication in particular can greatly","simplify the publication of contracts and","increase the efficiency and transparency of","procurement processes by reducing","obstructive regulatory complexity. They","should become the standard means of","communication and information exchange","in procurement procedures. The use of","electronic means also leads to time savings.","As a result, provision should be made for","reducing the minimum periods where","electronic means are used, subject,","however, to the condition that they are","compatible with the specific mode of","transmission envisaged at Union level.","Moreover, electronic means of information","and communication including adequate","functionalities can enable contracting","authorities to prevent, detect and correct","errors that occur during procurement","procedures."],"old":["(27) Electronic means of information and","communication can greatly simplify the","publication of contracts and increase the","efficiency and transparency of procurement","processes. They should become the","standard means of communication and","information exchange in procurement","procedures. The use of electronic means","also leads to time savings. As a result,","provision should be made for reducing the","minimum periods where electronic means","are used, subject, however, to the condition","that they are compatible with the specific","mode of transmission envisaged at Union","level. Moreover, electronic means of","information and communication including","adequate functionalities can enable","contracting authorities to prevent, detect","and correct errors that occur during","procurement procedures."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-50","location":[["Proposal for a directive","Recital 28"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(28) There is a strong trend emerging","across Union public procurement markets","towards the aggregation of demand by","public purchasers, with a view to obtaining","economies of scale, including lower prices","and transaction costs, and to improving and","professionalising procurement","management. This can be achieved by","concentrating purchases either by the","number of contracting entities involved or","by volume and value over time. However,","the aggregation and centralisation of","purchases should be carefully monitored in","order to avoid excessive concentration of","purchasing power and collusion, and to","preserve transparency and competition, as","well as to enhance market access","opportunities for small and medium-sized","enterprises by encouraging greater","flexibility and suppleness in public","procurement procedures."],"old":["(28) There is a strong trend emerging","across Union public procurement markets","towards the aggregation of demand by","public purchasers, with a view to obtaining","economies of scale, including lower prices","and transaction costs, and to improving and","professionalising procurement","management. This can be achieved by","concentrating purchases either by the","number of contracting entities involved or","by volume and value over time. However,","the aggregation and centralisation of","purchases should be carefully monitored in","order to avoid excessive concentration of","purchasing power and collusion, and to","preserve transparency and competition, as","well as market access opportunities for","small and medium-sized enterprises."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-51","location":[["Proposal for a directive","Recital 34"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:38"},"new":["(34) Joint awarding of contracts by","contracting entities from different Member","States currently encounters specific legal","difficulties, with special reference to","conflicts of national laws. Despite the fact","that Directive 2004/17/EC implicitly","allowed for cross-border joint public","procurement, in practice several national","legal systems have explicitly or implicitly","rendered cross-border joint procurement","legally uncertain or impossible.","Contracting entities from different Member","States may be interested in cooperating and","in jointly awarding contracts in order to","derive maximum benefit from the potential","of the internal market in terms of","economies of scale and risk-benefit","sharing, not least for innovative projects","involving a greater amount of risk than","reasonably bearable by a single contracting","entity. Therefore new rules on cross-border","joint procurement designating the","applicable law should be established in","order to facilitate cooperation between","contracting entities across the Single","Market. In addition, contracting entities","from different Member States may set up","joint legal bodies established under","national or Union law. Specific rules","should be established for such form of joint","procurement. Similarly, in the context of","cross-border public procurement, it is","absolutely necessary to clarify the aspects","relating to intellectual property law;"],"old":["(34) Joint awarding of contracts by","contracting entities from different Member","States currently encounters specific legal","difficulties, with special reference to","conflicts of national laws. Despite the fact","that Directive 2004/17/EC implicitly","allowed for cross-border joint public","procurement, in practice several national","","legal systems have explicitly or implicitly","rendered cross-border joint procurement","legally uncertain or impossible.","Contracting entities from different Member","States may be interested in cooperating and","in jointly awarding contracts in order to","derive maximum benefit from the potential","of the internal market in terms of","economies of scale and risk-benefit","sharing, not least for innovative projects","involving a greater amount of risk than","reasonably bearable by a single contracting","entity. Therefore new rules on cross-border","joint procurement designating the","applicable law should be established in","order to facilitate cooperation between","contracting entities across the Single","Market. In addition, contracting entities","from different Member States may set up","joint legal bodies established under","national or Union law. Specific rules","should be established for such form of joint","procurement."],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-52","justification":"The main procedure should be to procure to the best value for money or in other words the\nmost economically advantageous tender. There is no need for a second criteria like the lowest\ncosts as in the most economically tender the price criterion is included.","location":[[" Proposal for a directive","Recital 43"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:38"},"new":["(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, while ensuring that","entities may require high-quality works,","supplies and services that are optimally","suited to their needs as long as they are","linked to the subject matter of the","contract."],"old":["(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 \u2018the most","economically advantageous tender\u2019 or","\u2018the lowest cost\u2019, taking into account that","in the latter case they are free to set","adequate quality standards by using","technical specifications or contract","performance conditions."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-53","location":[["Proposal for a directive","Recital 43"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:38"},"new":["(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 \"the most","economically advantageous tender\", in line","with the principle of cost-effectiveness","and adequate quality."],"old":["(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."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-54","location":[[" Proposal for a directive","Recital 44"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:39"},"new":["(44) Where contracting entities award a","contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"old":["(44) Where contracting entities choose to","award a contract to the most economically","advantageous tender, they must determine","the award criteria on the basis of which","they will assess tenders in order to identify","which one offers the best value for money.","The determination of those criteria depends","on the subject-matter of the contract, since","they must allow the level of performance","offered by each tender to be assessed in the","light of the subject-matter of the contract,","as defined in the technical specifications,","and the value for money of each tender to","be measured. Furthermore, the chosen","award criteria should not confer an","unrestricted freedom of choice on the","contracting entity and they should ensure","the possibility of effective competition and","be accompanied by requirements that allow","the information provided by the tenderers","to be effectively verified."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-55","location":[[" Proposal for a directive","Recital 46"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:39"},"new":["(46) Those sector-specific measures must","be complemented by an adaptation of the","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities can","determine the most economically","advantageous tender, in line with the","principle of cost-effectiveness and","adequate quality, 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","costs over the life-cycle of a works,","supplies or services, both their internal","costs (such as development, production,","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."],"old":["(46) Those sector-specific measures must","be complemented by an adaptation of the","","public procurement Directives empowering","contracting entities to pursue the objectives","of the Europe 2020 Strategy in their","purchasing strategies. It should hence be","made clear that contracting entities 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 costs over the life-","cycle of a works, supplies or services, both","their internal costs (such as development,","production, 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."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-56","location":[["Proposal for a directive","Recital 57"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:39"},"new":["(57) The evaluation has shown that","Member States do not consistently and","systematically promote and monitor the","implementation and the functioning of","public procurement rules. This has a","negative impact on the correct","implementation of provisions stemming","from those directives, which is a major","source of cost and uncertainty. Several","Member States have appointed a national","central body dealing with public","procurement issues, but the tasks entrusted","to such bodies vary considerably across","Member States. Clearer, more consistent","and authoritative information, monitoring","and control mechanisms would increase","knowledge of the functioning of","procurement rules, improve legal certainty","for businesses and contracting authorities,","and contribute to establishing a level","playing field. Such mechanisms could","serve as tools for the prevention, detection","and early resolution of problems,","particularly in the case of projects","cofunded by the Union, and for the","identification of structural deficiencies. It","is vital that those mechanisms be","coordinated to ensure consistent","application, control and monitoring of","public procurement policy, as well as","systematic assessment of its outcomes","across the Union."],"old":["(57) The evaluation has shown that","Member States do not consistently and","systematically monitor the implementation","and the functioning of public procurement","rules. This has a negative impact on the","correct implementation of provisions","stemming from those directives, which is a","major source of cost and uncertainty.","Several Member States have appointed a","","national central body dealing with public","procurement issues, but the functions that","such bodies are empowered with vary","considerably across Member States.","Clearer, more consistent and authoritative","monitoring and control mechanisms would","increase knowledge of the functioning of","procurement rules, legal certainty for","businesses and contracting entities, and","contribute to establish a level playing field.","Such mechanisms could serve as tools for","detection and early resolution of problems,","especially with regard to projects cofunded","by the Union, and for the identification of","structural deficiencies. There is in","particular a strong need to coordinate","those mechanisms to ensure consistent","application, controls and monitoring of","public procurement policy, as well as","systematic assessment of the outcomes of","procurement policy across the Union."],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-57","location":[[" Proposal for a directive","Recital 59"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:39"},"new":["(59) Not all contracting entities, and","particularly local authorities, may have","the internal expertise to deal with","economically or technically complex","contracts. Against this background,","appropriate professional support would be","an effective complement to monitoring and","control activities. On the one hand, this","objective can be achieved by knowledge","sharing tools (knowledge centres) offering","technical assistance to contracting","authorities; on the other hand, business, not","least SMEs, should benefit from","administrative assistance, in particular","when participating in procurement","procedures on a cross-border basis."],"old":["(59) Not all contracting entities may have","the internal expertise to deal with","economically or technically complex","contracts. Against this background,","appropriate professional support would be","an effective complement to monitoring and","control activities. On the one hand, this","objective can be achieved by knowledge","sharing tools (knowledge centres) offering","technical assistance to contracting entities;","on the other hand, business, not least","SMEs, should benefit from administrative","","assistance, in particular when participating","in procurement procedures on a cross-","border basis."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-58","location":[["Proposal for a directive","Recital 59"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:39"},"new":["(59) Some contracting authorities do not","have the internal expertise to deal with","economically or technically complex","contracts. On the one hand, this objective","can be achieved by knowledge sharing","tools (knowledge centres) offering","technical assistance to contracting entities;","on the other hand, business, not least","SMEs, should benefit from administrative","assistance, in particular when participating","in procurement procedures on a cross-","border basis."],"old":["(59) Not all contracting entities may have","the internal expertise to deal with","economically or technically complex","contracts. Against this background,","appropriate professional support would be","an effective complement to monitoring and","control activities. On the one hand, this","objective can be achieved by knowledge","sharing tools (knowledge centres) offering","technical assistance to contracting entities;","on the other hand, business, not least","SMEs, should benefit from administrative","assistance, in particular when participating","in procurement procedures on a cross-","border basis."],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-59","location":[["Proposal for a directive","Recital 60"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:39"},"new":["(60) Monitoring, oversight and support","structures or mechanisms exist already at","national level and can of course be used to","ensure monitoring, implementation and","control of public procurement and to","provide the required support at all stages","of the public procurement process to","contracting entities, and particularly local","and regional authorities, and to economic","operators, and particularly small and","medium-sized enterprises, operators."],"old":["(60) Monitoring, oversight and support","structures or mechanisms exist already at","national level and can of course be used to","","ensure monitoring, implementation and","control of public procurement and to","provide the required support to contracting","entities and economic operators."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Constantin Luhan","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-60","location":[[" Proposal for a directive","Recital 61 a (new)"]],"meps":[96823],"meta":{"created":"2019-07-03T05:41:39"},"new":["(61a) The Commission should encourage","the Member States to conduct regular","training and awareness-raising","campaigns and engage in consultation","targeted at regional and local authorities","and SMEs, and also to involve other","interested parties, in order to ensure there","is informed participation in public","procurement and reduce the frequency of","errors and to develop the required","expertise among the contracting","authorities of local and regional","administrations in order to implement","innovative procurement;"],"orig_lang":"ro","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-61","justification":"The Procurement Directive does only apply to \u2018procurements\u2019 including lease and hire\nactivities. According to the ruling of the European Court (ECJ) works, supplies or services\nthat are not intended for a public purpose and are not in the direct benefit of the contracting\nauthority are not subject to procurement law (C-451/08).","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:39"},"new":["Procurement within the meaning of this","Directive is the purchase of works, supplies","or services via public contracts by one or","more contracting entities from economic","operators chosen by those contracting","entities, provided that the works, supplies","or services are intended for the pursuit of","one of the activities referred to in Articles","5 to 11. This directive does not therefore","cover procurement which is not connected","to utility activities."],"old":["Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-62","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["Procurement within the meaning of this","Directive is the purchase of works, supplies","or services in the framework of public","procurement by one or more contracting","entities from economic operators chosen by","those contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"old":["Procurement within the meaning of this","Directive is the purchase or other forms of","acquisition of works, supplies or services","by one or more contracting entities from","economic operators chosen by those","contracting entities, provided that the","works, supplies or services are intended for","the pursuit of one of the activities referred","to in Articles 5 to 11."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-63","justification":" This notion is too general and too vague.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:39"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-64","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-65","justification":"Going back to the current definition from Directive 2004/17/EC, Article 2.1 (a) this definition\nis approved and will avoid legal uncertainty.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 4 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:39"},"new":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"old":["(a) It is established for or has the specific","purpose of meeting needs in the general","interest, not having an industrial or","commercial character; for that purpose, a","body which operates in normal market","conditions, aims to make a profit, and","bears the losses resulting from the","exercise of its activity does not have the","purpose of meeting needs in the general","interest, not having an industrial or","commercial character;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-66","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["(b) arbitration, conciliation, legal and","notarial services;"],"old":["(b) arbitration and conciliation services;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-67","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b a (new)"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["(ba) civil protection, emergency response","and everyday hazard prevention;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-68","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point b b (new)"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["(bb) contracts to be awarded on the basis","of special or exclusive rights compatible","with the EU Treaties;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-69","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:39"},"new":["(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, operations conducted","with the European Financial Stability","Facility and operations to provide the","contracting authorities with money or","capital;"],"old":["(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 and operations","conducted with the European Financial","Stability Facility;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-70","justification":"To reintroduce Article 25 from the current Directive 2004/17/EC. This Article is important for\noperations of services of general economic interest it excludes public service contracts that\nare based on an exclusive right enshrined in public law, regulations or administrative\nprovision, compatible with the Treaty. The ECJ has applied this provision in C-360/96.","location":[["Proposal for a directive","Article 19 a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["Article 19a","Service contracts awarded on the basis of","exclusive rights","This Directive shall not apply to service","contacts awarded to an entity which is","itself a contracting authority within the","meaning of Article 2(1) or to an","association of contracting authorities on","the basis of an exclusive right which they","enjoy pursuant to the published","legislation in force, regulation or","administrative provision which is","compatible with the Treaty."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-71","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["(b) at least 80 % of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authority or for other legal persons","controlled by that contracting authority;"],"old":["(b) at 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 authority;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-72","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 44 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["(b) at least 80 % of the activities of that","legal person which are subject to the","contract are carried out for the controlling","contracting authority or for other legal","persons controlled by that contracting","authority;"],"old":["(b) at 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 authority;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-73","justification":" Point (a) of subparagraph 1 is clear enough - no repetition needed.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-74","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-75","location":[["Proposal for a directive","Article 21 \u2013 paragraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["2. Paragraph 1 also applies where a","controlled entity which is a contracting","authority awards a contract to its","controlling entity or 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."],"old":["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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-76","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["(b) at least 80 % of the activities of that","legal person, subject to the contract, are","carried out for the controlling contracting","authorities or other legal persons controlled","by the same contracting authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-77","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["(b) at least 80 % of the activities of that","legal person which are subject to the","contract are carried out for the controlling","contracting authorities or other legal","persons controlled by the same contracting","authorities;"],"old":["(b) at least 90 % of the activities of that","legal person are carried out for the","controlling contracting authorities or other","legal persons controlled by the same","contracting authorities;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-78","justification":"This far-reaching interpretation of the ECJ ruling is unnecessary and does not contribute to\nmake the text short and precise.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-79","location":[["Proposal for a directive","Article 21 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-80","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-81","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point a"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["(a) the purpose of the partnership is the","provision of a public-service task","conferred on all participating public","authorities, or the provision of an","ancillary task necessary to deliver the","public service task conferred on all the","public authorities;"],"old":["(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;","",""],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-82","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-83","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["(b) the agreement is governed only by","considerations relating to the public","interest and the services and requisite","auxiliary services are linked to those","considerations;"],"old":["(b) the agreement is governed only by","considerations relating to the public","interest;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-84","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:40"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-85","justification":" This clarification is necessary in order not to create legal disputes.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point c"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:40"},"new":["(c) the participating public authorities do","not perform on the open market more than","20 % in terms of turnover of the activities","which are subject of the contract;"],"old":["(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;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-86","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-87","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point d"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:41"},"new":["deleted"],"old":["(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;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-88","location":[["Proposal for a directive","Article 21 \u2013 paragraph 4 \u2013 point e"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["(e) the task is carried out solely by the","public authorities concerned, with no","participation of a private party with the","exception of contracting authorities","participating in the cooperation as a","public law body in the sense of Article","2(4)."],"old":["(e) there is no private participation in any","of the contracting authorities involved."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-89","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["deleted"],"old":["The absence of private participation","referred to in paragraphs 1 to 4 shall be","verified at the time of the award of the","contract or of the conclusion of the","agreement."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-90","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures,","unless the private participation is legally","enforced and/or the private participation","was not foreseeable at the time of the","initial contracting."],"old":["The exclusions provided for in paragraphs","1 to 4 shall cease to apply from the","moment any private participation takes","place, with the effect that ongoing","contracts need to be opened to competition","through regular procurement procedures."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-91","justification":"The term \u2018disadvantaged persons\u2019 needs to be specified as it is much wider than\n\u2018handicapped persons\u2019 referred to in the current Directives. This definition creates more legal\nclarity.","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["Member States may reserve the right to","participate in procurement procedures to","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled","and/or disadvantaged persons.","'Disadvantaged persons' includes","amongst others: the unemployed, people","experiencing particular difficulty in","achieving integration, people at risk of","exclusion, members of vulnerable groups","and members of disadvantaged minorities."],"old":["Member States may reserve the right to","participate in procurement procedures to","","sheltered workshops and economic","operators whose main aim is the social and","professional integration of disabled and","disadvantaged workers or provide for such","contracts to be performed in the context of","sheltered employment programmes,","provided that more than 30% of the","employees of those workshops, economic","operators or programmes are disabled or","disadvantaged workers."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-92","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:41"},"new":["(i) the absence of competition for legal or","technical reasons;"],"old":["(i) the absence of competition for technical","reasons;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-93","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point e"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:41"},"new":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by events which the contracting","authority could not have foreseen, the","time limits laid down for open procedures,","restricted procedures and negotiated","procedures with prior call for competition","cannot be complied with. The","circumstances invoked to justify extreme","urgency must not in any event be","attributable to the contracting entity;"],"old":["(e) insofar as is strictly necessary where,","for reasons of extreme urgency brought","about by force majeure, the time limits","laid down for open procedures, restricted","procedures and negotiated procedures with","prior call for competition cannot be","complied with. The circumstances invoked","to justify extreme urgency must not in any","event be attributable to the contracting","entity;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-94","justification":" To solve problems such as the maintenance contracts for example of lifts.","location":[[" Proposal for a directive","Article 45 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["The term of a framework agreement shall","not exceed six years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement. The","term of a framework agreement regarding","the maintenance is based on the life cycle","of the work or supply."],"old":["The term of a framework agreement shall","not exceed four years, save in exceptional","cases duly justified, in particular by the","subject of the framework agreement."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-95","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["Only for standardised services and","supplies contracting entities may use","electronic auctions in which new prices,","revised downwards, and/or new values","concerning certain elements of tenders are","presented."],"old":["Contracting entities may use electronic","auctions in which new prices, revised","downwards, and/or new values concerning","certain elements of tenders are presented."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-96","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["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, with","obligations established by Union or","national legislation in the field of social","and labour law or environmental law or","collective agreements which apply in the","place where the work, service or supply is","performed or by the international social","and environmental law provisions listed in","Annex XIV and provided they are linked","to the subject matter of the contract."],"old":["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 or environmental","law or of the international social and","environmental law provisions listed in","Annex XIV."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-97","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:41"},"new":["Without prejudice to national laws,","regulations or administrative provisions","concerning the remuneration of certain","services, the criterion on which","contracting authorities shall base the","award of public contracts shall be the most","economically advantageous tender;"],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-98","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:41"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be:"],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-99","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:41"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-100","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-101","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-102","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["Costs shall be assessed by the contracting","entity using a cost-effectiveness approach,","such as a life-cycle costing approach, under","the conditions set out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the price","only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-103","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:42"},"new":["Costs may be assessed, at the choice of the","contracting entity, using a cost-","effectiveness approach, such as a life-cycle","costing approach, under the conditions set","out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the price","only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-104","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["The most economically advantageous","tender referred to in paragraph 1 from the","point of view of the contracting entity shall","be identified on the basis of criteria linked","to the subject-matter of the contract in","question.","Price shall be the decisive award criterion","in the case of highly standardised","products and services.","Other criteria may include:"],"old":["The most economically advantageous","tender referred to in point (a) of paragraph","1) from the point of view of the contracting","entity shall be identified on the basis of","criteria linked to the subject-matter of the","contract in question."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-105","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["deleted"],"old":["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 contract in question,","such as:"],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-106","location":[["Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["3. Member States may provide that the","award of certain types of contracts shall be","based on the most economically","advantageous tender and the principle of","cost-effectiveness and adequate quality, in","line with the arrangements set out in","paragraph 1 and paragraph 2."],"old":["3. Member States may provide that the","award of certain types of contracts shall be","based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-107","location":[["Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:42"},"new":["In the case referred to in paragraph 1, the","contracting entity shall specify the relative","weighting which it gives to each of the","criteria chosen to determine the most","economically advantageous tender."],"old":["In the case referred to in point (a) of","paragraph 1, the contracting entity shall","specify the relative weighting which it","gives to each of the criteria chosen to","determine the most economically","advantageous tender."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-108","justification":" Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:42"},"new":["deleted"],"old":["1. The contracting entity shall request","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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-109","justification":"Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:42"},"new":["3. 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:"],"old":["3. The explanations referred to in","paragraphs 1 and 2 may in particular","relate to:","",""],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-110","justification":"Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point b"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:42"},"new":["(b) the technical solutions chosen and/or","any exceptionally favourable conditions","available to the tenderer for the supply of","the goods or services or for the execution","of the work;"],"old":["(b) the technical solutions chosen or any","exceptionally favourable conditions","available to the tenderer for the supply of","the goods or services or for the execution","of the work;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-111","justification":" Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:42"},"new":["(d) compliance 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;"],"old":["(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 XIV or,","where not applicable, with other","provisions ensuring an equivalent level of","protection;"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-112","justification":" Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 4"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:42"},"new":["deleted"],"old":["4. The contracting entity 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 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 or","environmental law or by the international","social and environmental law provisions","listed in Annex XIV."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-113","justification":"Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 5"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["5. Where a contracting entity establishes","that a tender is abnormally low because the","tenderer has obtained State aid, the tender","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 entity, that the aid in question","was granted legally. Where the contracting","entity rejects a tender in those","circumstances, it shall inform the","Commission thereof."],"old":["5. Where a contracting entity 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 entity, that the aid in question","was compatible with the internal market","within the meaning of Article 107 of the","Treaty. Where the contracting entity rejects","a tender in those circumstances, it shall","inform the Commission thereof."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-114","justification":" Reinstatement of the wording of the current directive.","location":[["Proposal for a directive","Article 79 \u2013 paragraph 6"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["6. Upon request, Member States shall","make available to other Member States, in","accordance with Article 97, any","information relating to the evidence and","documents produced in relation to details","listed in paragraph 3."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-115","justification":" The relationship between a contractor and a subcontractor is a fundamental element of\n contract law. The proposal will lead to situations where subcontractor try to get directly paid\n by the contracting authority and may deprive the authority from her right to withhold\n payments from the contractor for valid contract performance reasons.","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-116","justification":"Reinstatement of the wording of the current directive.","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["2. Member States may provide that, at the","request of the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-117","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["3. Paragraph 1 shall be without prejudice","to the question of the principal economic","operator's liability."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-118","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["3. Paragraph 1 shall be without prejudice","to the question of the principal economic","operator's liability."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-119","justification":" A specific treatment of services is only justified insofar it applies to all services of the same\n character, legal services \u2013 underlying the same principles of confidentiality should not be\n discriminated.","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["1. Contracting entities intending to award","a contract for the services referred to in","Article 84 shall make known their","intention by means of a contract notice."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-120","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["1. Contracting entities intending to award","a contract for the services referred to in","Article 84 shall make known their","intention by means of a contract notice."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-121","location":[["Proposal for a directive","Article 85 \u2013 paragraph 3"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["3. The notices referred to in paragraphs 1","and 2 shall contain the information","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-122","location":[["Proposal for a directive","Article 85 \u2013 paragraph 3"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["3. The notices referred to in paragraph 2","shall contain the information referred to in","Annex XVIII in accordance with the","standard model notices."],"old":["3. The notices referred to in paragraphs 1","and 2 shall contain the information","referred to in Annex XVIII in accordance","with the standard model notices. The","Commission shall establish the standard","forms. Those implementing acts shall be","adopted in accordance with the advisory","procedure referred to in Article 100."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-123","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 4"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["4. The notices referred to in paragraph 1","shall be published in accordance with","Article 65."],"old":["4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-124","location":[[" Proposal for a directive","Article 85 \u2013 paragraph 4"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["4. The notices referred to in paragraph 2","shall be published in accordance with","Article 65."],"old":["4. The notices referred to in paragraphs 1","and 2 shall be published in accordance","with Article 65."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-125","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 1"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["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 entities to take into account","the specificities of the services in question."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-126","location":[["Proposal for a directive","Article 86 \u2013 paragraph 1"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:43"},"new":["deleted"],"old":["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 entities to take into account","the specificities of the services in question."],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-127","location":[["Proposal for a directive","Article 86 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:44"},"new":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation."],"old":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation. Member States","may also provide that the choice of the","service provider shall not be made solely","on the basis of the price for the provision","of the service."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-128","location":[[" Proposal for a directive","Article 93"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:44"},"new":["deleted"],"old":["[...]"],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Peter Simon","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-129","location":[[" Proposal for a directive","Article 93"]],"meps":[96836],"meta":{"created":"2019-07-03T05:41:44"},"new":["Article deleted"],"orig_lang":"de","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-130","location":[[" Proposal for a directive","Article 94 \u2013 paragraph 2"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:44"},"new":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","if it so requests."],"old":["2. The information shall be kept for at least","four years from the date of award of the","contract so that the contracting entity will","be able, during that period, to provide the","necessary information to the Commission","or the national oversight body where they","so request it."],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rodi Kratsa-Tsagaropoulou","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-131","location":[["Proposal for a directive","Article 96 \u2013 paragraph 1"]],"meps":[4482],"meta":{"created":"2019-07-03T05:41:44"},"new":["1. Member States shall make available","technical support structures in order to","provide legal and economic advice,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","advice on individual questions. Special","attention and increased support should be","provided in this respect to local","authorities, and particularly to small local","authorities."],"old":["1. Member States shall make available","technical support structures in order to","provide legal and economic advice,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","advice on individual questions."],"orig_lang":"fr","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Heide R\u00fchle","changes":{},"committee":["REGI"],"date":"2012-07-19T00:00:00","id":"PE494.566-132","justification":" A specific treatment of services is only justified in so far as it applies to all services of the\n same type.","location":[["Proposal for a directive","Annex XVII a (new)"]],"meps":[4294],"meta":{"created":"2019-07-03T05:41:44"},"new":["- The following legal services:","79112000-2 Legal representation services","79100000-5 Legal services","79110000-8 Legal advisory and","representation services","79111000-5 Legal advisory services","79112100-3 Stakeholders representation","services","79120000-1 Patent and copyright","consultancy services","79121000-8 Copyright consultancy","services","79121100-9 Software copyright","consultancy services","79130000-4 Legal documentation and","certification services","79131000-1 Documentation services","79132000-8 Certification services","79140000-7 Legal advisory and","information services"],"old":[""],"orig_lang":"en","peid":"PE494.566v01-00","reference":"2011/0439(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-494.566+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-16","location":[["Proposal for a directive","Recital 5"]],"meps":[96915],"meta":{"created":"2019-07-03T05:49:59"},"new":["(5) Under Articles 9, 10 and 11 of the","Treaty on the Functioning of the European","Union, requirements pertaining to","environmental protection and promoting a","high level of employment, guaranteeing","adequate social protection, fighting","against social exclusion and providing a","high level of teaching, training and","safeguarding human health must be","integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting socially and environmentally","sustainable development. This Directive","clarifies how the contracting entities may","use their discretional power in defining","and awarding public contracts, to","contribute to the protection of the","environment, to social wellbeing and the","promotion of sustainable development,","whilst ensuring that they can obtain the","best value for money for their contracts."],"old":["5. Under Article 11 of the Treaty on the","Functioning of the European Union,","environmental protection requirements","must be integrated into the definition and","implementation of the Union policies and","activities, in particular with a view to","promoting sustainable development. This","Directive clarifies how the contracting","entities may contribute to the protection of","the environment and the promotion of","sustainable development, whilst ensuring","that they can obtain the best value for","money for their contracts."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-17","location":[["Proposal for a directive","Recital 13"]],"meps":[96915],"meta":{"created":"2019-07-03T05:49:59"},"new":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","process or to enter into agreements with","other candidates to manipulate the outcome","of the said procedure, as well as failure to","respect measures in the field of","environmental protection and health,","working conditions and social protection,","as defined in the international legislation","referred to in Annex XIV of this","European and national directive and/or in","collective agreements applicable in the","place where the service, work or supply is","undertaken, can result in violations of the","basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false."],"old":["(13) Illicit conduct by participants in a","procurement procedure, such as attempts to","unduly influence the decision-making","","process or to enter into agreements with","other candidates to manipulate the outcome","of the procedure can result in violations of","the basic principles of Union law and in","serious distortions of competition.","Economic operators should therefore be","required to submit a declaration on honour","that they do not engage in such illicit","activities and be excluded if this","declaration proves to be false."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-18","location":[[" Proposal for a directive","Recital 26"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","be assessed thoroughly. It is appropriate","for contracting authorities that resort to a","negotiated procedure without prior","publication, in the cases defined in this","directive, to send the supervisory body a","report justifying the reason for this","decision. The supervisory body\u2019s tasks","should include that of analysing and","evaluating such reports."],"old":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","be assessed thoroughly."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-19","location":[["Proposal for a directive","Recital 26"]],"meps":[4562],"meta":{"created":"2019-07-03T05:50:00"},"new":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances and","below the thresholds stated in Article 12,","with sufficient justification. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","be assessed thoroughly."],"old":["(26) In view of the detrimental effects on","competition, negotiated procedures without","a call for competition should only be used","in very exceptional circumstances. This","exception should be limited to cases where","publication is either not possible, for","reasons of force majeure in line with the","standing case-law of the Court of Justice of","the European Union, or where it is clear","from the outset that publication would not","trigger more competition, not least because","there is objectively only one economic","operator that can perform the contract.","Only situations of objective exclusivity can","justify the use of the negotiated procedure","without a call for competition, where the","situation of exclusivity has not been","created by the contracting entity itself with","a view to the future procurement","procedure, and where there are no adequate","substitutes, the availability of which should","","be assessed thoroughly."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-20","location":[[" Proposal for a directive","Recital 38 bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(38a) In order to facilitate access by","SMEs to the public procurement market,","groups of economic operators, which","could take the form of business","consortiums, should also be allowed to","submit a bid for a contract jointly. In this","event, the contracting authorities should","allow the group of economic operators to","combine the individual characteristics of","the group members in order to satisfy the","stated financial, technical and legal","requirements as a single entity."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-21","location":[[" Proposal for a directive","Recital 47"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["47. Furthermore, in technical specifications","and in award criteria, contracting entities","should be allowed to refer to a specific","production process, to elements of the life","cycle or socially sustainable production","process, to 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 question.","In order to better integrate social","considerations in public procurement,","procurers may also be allowed to include","social characteristics connected with the","purpose of the tender in the conditions of","implementation and in the award criteria.","Social characteristics may refer, for","example, to the working conditions of the","persons directly participating in the process","of production or provision in question, the","favouring of social integration of","disadvantaged persons or members of","vulnerable groups amongst the persons","assigned to performing the contract, the","accessibility for persons with disabilities,","gender equality, access to professional","training in the workplace and the","involvement of users. Any award criteria","should be applied 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 party. For service","contracts and contracts involving the","planning of works, the contracting entities","should use the organisation, qualification","and experience of the staff engaged to","undertake the contract in question as the","awarding criteria, as these will affect the","quality of the execution of the contract","and, consequently, the economic value of","the tender."],"old":["47. Furthermore, in technical specifications","and in award criteria, contracting entities","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 services1 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 party."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"compromise":["1"," OJ L 18, 21.1.1997, p.1."],"date":"2012-06-28T00:00:00","id":"PE492.623-22","location":[[" Proposal for a directive","Recital 49"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(49) Tenders that appear abnormally low in","relation to the works, supplies or services","might be based on technically,","economically or legally unsound","assumptions or practices or illegal","practices and a failure to uphold work","requirements or measures for","environmental protection. In order to","prevent possible disadvantages during","contract performance, contracting entities","should be obliged to ask for an explanation","of the price charged where a tender","significantly undercuts the prices","demanded by other tenderers or in cases in","which, for other reasons, a tender appears","abnormally low. Where the tenderer","cannot provide a sufficient explanation, the","contracting entity should be entitled to","reject the tender. Rejection should be also","mandatory in cases where the contracting","entity has established that the abnormally","low price results from non-compliance","with requirements set out in international","law, in Union or national legislation","and/or in collective agreements that apply","where the work, service or provision is","undertaken, in the fields of social security,","labour conditions or environmental","protection."],"old":["(49) Tenders that appear abnormally low in","relation to the works, supplies or services","might be based on technically,","economically or legally unsound","assumptions or practices. In order to","prevent possible disadvantages during","contract performance, contracting entities","should be obliged to ask for an explanation","of the price charged where a tender","significantly undercuts the prices","demanded by other tenderers. Where the","tenderer cannot provide a sufficient","explanation, the contracting entity should","be entitled to reject the tender. Rejection","should be mandatory in cases where the","contracting entity has established that the","abnormally low price results from non-","compliance with mandatory Union","legislation in the fields of social, labour or","environmental law or international labour","law provisions."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-23","location":[[" Proposal for a directive","Recital 50 bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(50a) In order to ensure the correct","functioning of public procurement,","subcontracting must be appropriately","regulated. The contracting entity must be","informed, in the tender document, of the","parts of a contract that the tenderer","intends to subcontract, as well as of the","proposed subcontractors. Any change in","the subcontracting chain that may occur","during performance of the contract","should ensure that the contract is","undertaken to the same standard as","defined in the submitted tender and","should be agreed by the contracting entity.","Where allowed by the nature of the","contract, the contracting entity should pay","the subcontractors directly. Finally, a","system of \u2018joint and several liability\u2019","should be established in the","subcontracting chain and the chain","should be limited to a maximum of three","consecutive vertical subcontracts."],"old":[""],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-24","location":[["Proposal for a directive","Recital 51"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(51) The laws, regulations and collective","agreements, at both national and Union","level, and collective agreements that apply","to the place where the works, services or","supplies are undertaken shall apply during","the performance of a contract. Non-","compliance with those obligations may be","considered to be grave misconduct on the","part of the economic operator concerned,","liable to lead to the exclusion of that","economic operator from the procedure for","the award of a public contract."],"old":["(51) The laws, regulations and collective","agreements, at both national and Union","level, that are in force in the areas of","employment conditions and safety at work","apply during the performance of a contract,","provided that such rules, and their","application, comply with Union law. In","cross-border situations where workers","from one Member State provide services","in another Member State for the purpose","of performing a contract, 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 services1","lays down the minimum conditions that","must be observed by the host country in","respect of such posted workers. Where","national law contains provisions to this","effect, non-compliance with those","obligations may be considered to be grave","misconduct on the part of the economic","operator concerned, liable to lead to the","exclusion of that economic operator from","the procedure for the award of a public","contract."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-25","location":[[" Proposal for a directive","Recital 56 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(56 a) Contracting entities should respect","the delay of payment as established in","Directive 2011/7/EU."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-26","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["2 a. This Directive is without prejudice to","the right of contracting entities, as defined","in Article 4, to decide whether, how and to","OJ L 18, 21.1.1997, p. 1.","what extent they want to perform public","functions themselves. Contracting entities","may perform public interest tasks using","their own resources, without being","obliged to call on outside economic","operators. They may do so in cooperation","with other contracting entities."],"old":["","1",""],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-27","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(22 a) 'Life cycle characteristics' means","elements relating to any part of the life","cycle of a product or works or the","provision of a service, as defined in point","22 of this Article. Life cycle","characteristics can be invisible","characteristics that are embedded in a","product as a result of choises made in the","production or other non-use phases of the","life cycle of the product, even if such","characteristics are not apparent in the","physical characteristics or functional","qualities of the resulting product or","service;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-28","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point 22 b (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["(22b) \u2018Socially sustainable production","process\u2019 means a production process in","which the provision of works, services and","supplies conforms with health and safety","regulations, social security and","employment law, notably with regard to","the principle of equal treatment in the","workplace. The principle of equal","treatment in the workplace refers to","compliance with relevant work and","employment conditions, including","provisions on health and safety, social","security and employment law as defined","by the international laws listed in Annex","XIV, in Union law and in Member State","law as well as in collective agreements,","which apply to the place where the works,","services and supplies are undertaken;"],"old":[""],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-29","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["Contracting entities shall aim for \"best","value\" in procurement policy. This is","achieved through the awarding of the","public contract to the most economically","advantageous tender."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-30","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 b (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["Economic operators shall comply with","obligations relating to social and","employment protection and the working","conditions which apply in the place where","the work, service or supply is to be","performed as set out by Union and","national legislation and/or collective","agreements or international labour law","provisions listed in Annex XI."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-31","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 c (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["The details of procurement contracts shall","be made public."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-32","location":[["Proposal for a directive","Article 30 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["Groups of economic operators may submit","tenders or put themselves forward as","candidates. Groups of economic operators,","notably small and medium-sized","enterprises (SMEs) may take the form of a","consortium of enterprises. Contracting","entities shall not establish specific","conditions for participation of such groups","in procurement procedures which are not","imposed on individual candidates. In order","to submit a tender or a request to","participate, those groups shall not be","required by the contracting entities to","assume a specific legal form."],"old":["Groups of economic operators may submit","tenders or put themselves forward as","candidates. Contracting entities shall not","establish specific conditions for","participation of such groups in","procurement procedures which are not","imposed on individual candidates. In order","to submit a tender or a request to","","participate, those groups shall not be","required by the contracting entities to","assume a specific legal form."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-33","location":[[" Proposal for a directive","Article 30 \u2013 paragraph 2 \u2013 subparagraph 1 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["Contracting entities shall give the","possibility to a group of economic","operators to fulfil all technical, legal and","financial requirements as a single entity,","summing up the individual characteristics","of the components of the group."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-34","location":[[" Proposal for a directive","Article 32 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:00"},"new":["2 a. Article 32 (1) and (2) shall not","prevent the public disclosure of contracts","once concluded including any subsequent","changes."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-35","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 subparagraph 3"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["For the purposes of this Article, 'private","interests' means any family, economic or","other shared interests with the candidates","or the tenderers or any subcontractor","proposed in the tender in accordance with","the provisions of Article 81, including","conflicting professional interests."],"old":["For the purposes of this Article, \u2018private","interests\u2019 means any family, emotional life,","economic, political or other shared","interests with the candidates or the","tenderers, including conflicting","professional interests."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-36","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point a"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["where no tenders or no suitable tenders or","no requests to participate have been","submitted in response to a procedure with a","prior call for competition, provided that the","initial conditions of the contract are not","altered;"],"old":["where no tenders or no suitable tenders or","no requests to participate have been","submitted in response to a procedure with a","prior call for competition, provided that the","initial conditions of the contract are not","substantially altered;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-37","location":[["Proposal for a directive","Article 44 \u2013 paragraph 1 \u2013 point d \u2013 point i"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["deleted"],"old":["(i) the absence of competition for","","technical reasons;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-38","location":[[" Proposal for a directive","Article 44 \u2013 paragraph 5 bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["If a contracting body decides, under the","provisions of this Article, to make use of","the negotiated procedure without prior","publication, it must provide the","supervisory body in Article 93 with a","detailed report justifying this choice and","containing the tender documents and","related information, and, if it should","choose to resort to a negotiated procedure","without prior publication based on point","(a), the tender documents from the","previous call to tender."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-39","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["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 and","socially sustainable production process as","referred to in points (22), (22a) and (22b)","of Article 2."],"old":["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."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-40","location":[["Proposal for a directive","Article 54 \u2013 paragraph 1 \u2013 subparagraph 5 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["Technical specifications may also include,","as appropriate, requirements relating to:","(a) performance, including levels of","environmental and climate performance","and performance in terms of socially","sustainable production process;","(b) life cycle characteristics;","(c) socially sustainable production","process;","(d) the organisation, qualification and","experience of the staff assigned to","performing the contract in question;","(e) safety or dimensions, including the","procedures concerning quality assurance,","terminology, symbols, testing and test","methods, packaging, marking and","labelling, user instructions;","(f) rules relating to 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;","(g) social characteristics, including social","inclusion, gender balance, access to on-","site vocational training."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-41","location":[[" Proposal for a directive","Article 54 \u2013 paragraph 3 \u2013 point a"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["(a) in terms of performance or functional","requirements, including social and","environmental characteristics, provided","that the parameters are sufficiently precise","to allow tenderers to determine the subject-","matter of the contract and to allow","contracting entities to award the contract.","In accordance with paragraph 1,","technical specifications may be","formulated in terms of performance or","functional requirements relating to life","cycle or socially sustainable production","process characteristics of the requested","works, supplies or services, and not only","to the performance or functional","requirements of the works, supplies, or","services in use;"],"old":["(a) in terms of performance or functional","requirements, including environmental","characteristics, provided that the","parameters are sufficiently precise to allow","tenderers to determine the subject-matter of","the contract and to allow contracting","entities to award the contract;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-42","location":[[" Proposal for a directive","Article 59 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4562],"meta":{"created":"2019-07-03T05:50:01"},"new":["Contracting entities shall indicate, in the","contract notice, in the invitation to confirm","interest, or, where the means of calling for","competition is a notice on the existence of","a qualification system, in the invitation to","tender or to negotiate, whether tenders are","limited to one or more lots only and if they","are not subdivided into lots, providing a","specific explanation for this."],"old":["Contracting entities shall indicate, in the","contract notice, in the invitation to confirm","interest, or, where the means of calling for","competition is a notice on the existence of","a qualification system, in the invitation to","tender or to negotiate, whether tenders are","limited to one or more lots only."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-43","location":[["Proposal for a directive","Article 70 \u2013 paragraph 1 \u2013 point b"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["(b) they shall select tenderers and","candidates in accordance with the objective","rules and criteria laid down pursuant to","Articles 72, 74 and 81;"],"old":["(b) they shall select tenderers and","candidates in accordance with the objective","rules and criteria laid down pursuant to","Articles 72 and 74;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-44","location":[["Proposal for a directive","Article 70 \u2013 paragraph 5"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["5. Contracting entities shall not award a","contract to the tenderer submitting the best","tender where they have established that the","tender does not comply with obligations in","the field of social and employment","protection, working conditions and","environmental legislation , as set out by","Union and national legislation and/or","collective agreements that apply in the","place where the work, service or supply is","to be performed or by the international law","provisions listed in Annex XI."],"old":["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 or","environmental law or of the international","social and environmental law provisions","listed in Annex XIV."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-45","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 5 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["5 a. Where such laws do not apply, not","compliance of the tender with other laws","which ensure an equivalent level of","protection and apply in the place where","the work, service or supply is to be","performed shall also provide a basis for","exclusion."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-46","location":[[" Proposal for a directive","Article 70 \u2013 paragraph 7"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:01"},"new":["7. The Commission shall be empowered to","complement delegated acts in accordance","with Article 98 to amend the list in Annex","XIV, where necessary due to the","conclusion of new international agreements","or modification of existing international","agreements."],"old":["7. The Commission shall be empowered to","adopt delegated acts in accordance with","Article 98 to amend the list in Annex XIV,","where necessary due to the conclusion of","new international agreements or","modification of existing international","agreements."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-47","location":[[" Proposal for a directive","Article 73 \u2013 paragraph 1 bis (new)"]],"meps":[4562],"meta":{"created":"2019-07-03T05:50:02"},"new":["1a. The fulfilment of pooling","requirements may not be used at the same","time by the assisting and benefiting","entities."],"old":[""],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-48","location":[["Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships shall include the","exclusion grounds listed in Article 55 of","Directive [.../.../EU][on public","procurement] on the terms and conditions","set out therein."],"old":["The objective rules and criteria for the","exclusion and selection of economic","operators requesting qualification in a","qualification system and the objective rules","and criteria for the exclusion and selection","of candidates and tenderers in open,","restricted or negotiated procedures or in","innovation partnerships may include the","exclusion grounds listed in Article 55 of","Directive 2004/18 on the terms and","conditions set out therein."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-49","location":[["Proposal for a directive","Article 74 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["deleted"],"old":["Where the contracting entity is a","contracting authority, those criteria and","rules shall include the exclusion grounds","listed in Article 55(1) and (2) of Directive","2004/18 on the terms and conditions set","out in that Article."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-50","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criterion on which contracting entities","shall base the award of contracts shall be","the most economically advantageous","tender."],"old":["Without prejudice to national laws,","regulations or administrative provisions on","the remuneration of certain services, the","criteria on which contracting entities shall","base the award of contracts shall be one of","the following:"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-51","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point a"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["deleted"],"old":["(a) the most economically advantageous","tender;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-52","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["deleted"],"old":["(b) the lowest cost."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-53","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["deleted"],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-54","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4562],"meta":{"created":"2019-07-03T05:50:02"},"new":["Costs are assessed using a cost-","effectiveness approach, such as a life-cycle","costing approach, under the conditions set","out in Article 77."],"old":["Costs may be assessed, at the choice of the","contracting entity, on the basis of the","price only or using a cost-effectiveness","approach, such as a life-cycle costing","approach, under the conditions set out in","Article 77."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-55","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["deleted"],"old":["The most economically advantageous","tender referred to in point (a) of","paragraph 1) from the point of view of the","contracting entity shall be identified on","the basis of criteria linked to the subject-","matter of the contract in question."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-56","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["The contracting entity shall identify the","most economically advantageous tender","in accordance with paragraph 1, based on","criteria linked to the subject-matter of the","contract in question. In addition to price","and costs, evaluated with a cost-","effectiveness approach only, including the","determination of life cycle costs according","to the conditions set out in Article 77,","such criteria shall include:"],"old":["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 contract in question,","such as:"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-57","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:02"},"new":["(a a) life cycle process and life cycle","characteristics;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-58","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point a bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["(aa) the socially sustainable production","process;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-59","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point b"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["(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 are 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 entity which must verify","that replacements ensure equivalent","organisation and quality;"],"old":["(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 entity which must verify","that replacements ensure equivalent","organisation and quality;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-60","location":[["Proposal for a directive","Article 76 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 point d bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["(da) social criteria such as, for example,","decent working conditions, health and","safety, respect for collective bargaining,","gender equality, social inclusion,","including work opportunities for disabled,","disadvantaged or vulnerable workers,","access to professional training in the","workplace, consultation with and","participation of users, economic","accessibility, human rights and ethical","trade;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-61","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 3"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["deleted"],"old":["3. Member States may provide that the","award of certain types of contracts shall","be based on the most economically","advantageous tender referred to in point","(a) of paragraph 1 and in paragraph 2."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-62","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 4"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["4. Award criteria shall ensure effective","competition and shall be accompanied by","requirements which allow the information","provided by the tenderers to be effectively","verified. Contracting entities shall verify,","on the basis of the information and proof","provided by the tenderers, whether the","tenders meet the award criteria."],"old":["4. Award criteria shall not confer an","unrestricted freedom of choice on the","contracting entity. They shall ensure the","","possibility of effective competition and","shall be accompanied by requirements","which allow the information provided by","the tenderers to be effectively verified.","Contracting entities shall verify effectively,","on the basis of the information and proof","provided by the tenderers, whether the","tenders meet the award criteria."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-63","location":[["Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["The contracting entity shall specify the","relative weighting which it gives to each of","the criteria chosen to determine the most","economically advantageous tender."],"old":["In the case referred to in point (a) of","paragraph 1, the contracting entity shall","specify the relative weighting which it","gives to each of the criteria chosen to","determine the most economically","advantageous tender."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-64","location":[["Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["deleted"],"old":["Those weightings may be expressed by","providing for a range with an appropriate","maximum spread."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-65","location":[[" Proposal for a directive","Article 76 \u2013 paragraph 5 \u2013 subparagraph 4"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["The relative weighting or order of","importance shall be specified,","appropriately, in the notice used as a","means of calling for competition, in the","invitation to confirm interest, in the","invitation to tender or to negotiate, or in the","specifications."],"old":["The relative weighting or order of","importance shall be specified, as","appropriate, in the notice used as a means","of calling for competition, in the invitation","to confirm interest, in the invitation to","tender or to negotiate, or in the","specifications."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-66","location":[[" Proposal for a directive","Article 77 \u2013 paragraph 3 \u2013 subparagraph 1"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["Whenever a common methodology for the","calculation of life-cycle costs is adopted as","part of a legislative act of the Union,","including by delegated acts pursuant to","sector specific legislation, it shall be","applied in accordance with the award","criteria referred to in Article 76(1)."],"old":["Whenever a common methodology for the","calculation of life-cycle costs is adopted as","part of a legislative act of the Union,","including by delegated acts pursuant to","sector specific legislation, it shall be","applied where life-cycle costing is","included in the award criteria referred to in","Article 76 (1)."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-67","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where the price or the cost","charged is more than 25 % less than the","average price or average costs charged in","the other tender documents."],"old":["1. The contracting entity shall request","economic operators to explain the price or","costs charged, where all of the following","conditions are fulfilled:"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-68","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point a"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["deleted"],"old":["(a) the price or cost charged is more than","50 % lower than the average price or costs","of the remaining tenders;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-69","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point b"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["deleted"],"old":["(b) the price or cost charged is more than","20 % lower than the price or costs of the","second lowest tender;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-70","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 point c"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["deleted"],"old":["(c) at least five tenders have been","submitted."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Giuseppe Gargani","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-71","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 \u2013 subparagraph -1 (new)"]],"meps":[4562],"meta":{"created":"2019-07-03T05:50:03"},"new":["-1.The contracting entity specifies in the","invitation to tender that the maximum","accepted discount cannot exceed 25 % of","the lowest tender price."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-72","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 2"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:03"},"new":["2. Where tenders appear to be abnormally","low for other reasons, contracting entities","will also request such explanations."],"old":["2. Where tenders appear to be abnormally","low for other reasons, contracting entities","may also request such explanations."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-73","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["3. The explanations referred to in","paragraphs 1 and 2 relate in particular to:"],"old":["3. The explanations referred to in","paragraphs 1 and 2 may in particular relate","to:"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre, Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-74","location":[["Proposal for a directive","Article 79 \u2013 paragraph 3 \u2013 point d"]],"meps":[96757,96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["(d) compliance 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 or,","where not applicable, with other provisions","ensuring an equivalent level of protection;"],"old":["(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 XIV or, where","not applicable, with other provisions","ensuring an equivalent level of protection;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-75","location":[["Proposal for a directive","Article 79 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["Article 79 a","Tenders comprising products originating","in third countries","1. This Article shall apply to tenders","covering products originating in third","countries with which the Union has not","concluded, whether multilaterally or","bilaterally, an agreement ensuring","comparable and effective access for","Community undertakings to the markets","of those third countries. It shall be","without prejudice to the obligations of the","Union or its Member States in respect of","third countries.","2. Contracting entities may require","tenderers to provide information on the","origin of the goods and services contained","in the tender, and their value. Any tender","submitted for the award of a supply","contract where the value 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 Code1, exceeds 50 % of the total","value of the products or services","constituting the tender may be rejected","under the following conditions.","3. Upon request of contracting entities,","the Commission shall assess whether to","approve, for contracts of an estimated","value equal or above EUR 5 000 000","exclusive of value-added tax (VAT) the","exclusion from procedures for the award","of contract tenders comprising goods or","services originating outside the Union, if","the value of goods or services originating","in a country with which the Union has not","concluded an international agreement in","the field of public procurement including","market access commitments or goods or","services originating in a country with","which the Union has concluded such an","agreement, but in respect of which the","agreement does not apply, exceeds 50% of","the total value of the goods or services","constituting the tender.","4. For contracts referred to in paragraph","3, the Commission shall adopt an","implementing act concerning the approval","of the intended exclusion. Those","implementing acts shall be adopted","according to the examination procedure.","5. When adopting implementing acts","pursuant to paragraph 4, the Commission","shall approve the intended exclusion in","the following cases:","(a) if the international agreement","concerning market access in the field of","public procurement between the Union","and the country where the goods and/or","services originate contains, for the goods","and/or services for which the exclusion is","proposed, explicit market access","reservations taken by the Union;","(b) where an agreement referred to in","point (a) does not exist and the third","country maintains restrictive procurement","measures leading to a lack of substantial","reciprocity in market opening between the","Union and the third country concerned.","For the purposes of point (b), a lack of","substantial reciprocity is presumed where","restrictive procurement measures result in","serious and recurring discriminations of","Union economic operators, goods and","services.","When adopting implementing acts","pursuant to paragraph 6, the Commission","shall not approve an intended exclusion","where it would violate market access","commitments entered into by the Union in","its international agreements.","6. When assessing whether a lack of","substantial reciprocity exists, the","Commission shall examine the following:","(a) to what degree public procurement","laws of the country concerned ensure","transparency in line with international","standards in the field of public","procurement and preclude any","discrimination against Union goods,","services and economic operators;","(b) to what degree public authorities","and/or individual procuring entities","maintain or adopt discriminatory","practices against Union goods, services","and economic operators.","7. Contracts concluded with an economic","operator in violation of Commission","implementing acts adopted pursuant to","paragraph 4 upon intended exclusion","notified by contracting authorities shall be","declared ineffective within the meaning of","Directive 2007/66/EC."],"old":["","","",""],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-76","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["1. In the procurement documents, the","contracting entity shall ask the tenderer to","indicate in its tender any share of the","contract it may intend to subcontract to","third parties and any proposed","subcontractors, providing information","regarding the subcontractor including","names, contact details and legal","representatives.","Any changes in the subcontracting chain","shall be proposed by the economic","operator and agreed by the contracting","entity. In the case the proposed change","regards also the involvement of a new","subcontractor, the main contractor shall","indicate its name, contact details and legal","representatives","Any operators in the subcontracting chain","shall ensure the respect of the provisions","of this Directive and of the conditions","established in the procurement documents","and shall guarantee a performance of the","duties connected to the contract","equivalent to the one defined in the","tender."],"old":["1. In the procurement documents, the","contracting entity may ask, or may be","required by a Member State to ask, the","tenderer to indicate in its tender any share","of the contract it may intend to subcontract","to third parties and any proposed","subcontractors.",""],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-77","location":[["Proposal for a directive","Article 81 \u2013 paragraph 1 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["1 a. Member States shall limit the","possibility for a tenderer to subcontract","when executing a public contract to a","maximum of three or less successive","subcontractors. The contracting entities","may establish further limitations to the","use of subcontracting, with regard to the","number of subcontractors or of successive","subcontractors or to the possibility of","changes in the subcontracting chain, or","may establish that no parts of the","contracts shall be subcontracted to third","parties."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rebecca Taylor","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-78","location":[["Proposal for a directive","Article 81 \u2013 paragraph 2"]],"meps":[112620],"meta":{"created":"2019-07-03T05:50:04"},"new":["2. Member States may provide that, if","requested by the subcontractor and where","the nature of the contract so allows, the","contracting entity 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."],"old":["2. Member States may provide that, at the","request of the subcontractor and where the","nature of the contract so allows, the","contracting entity 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."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-79","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 2 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["2 a. The reasons for the use of","subcontractors shall be set out in the","procurement documents, strictly","motivated by technical considerations and","not circumvent relevant legislation and","obligations which apply where the","provision of works, services and supplies","takes place;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati, Raffaele Baldassarre","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-80","location":[[" Proposal for a directive","Article 81 \u2013 paragraph 3"]],"meps":[96915,96757],"meta":{"created":"2019-07-03T05:50:04"},"new":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the main","contractor's and subcontractors' liability.","Member states shall provide for a system","of joint and several liability down the sub-","contracting chain.","The principal economic operator and any","subcontractor involved in doing work on a","public contract shall be jointly and","severally liable for any liability which","arises from the failure by a subcontractor","to comply with provisions relating to","fundamental rights, health and safety","requirements, social rules and standards,","employment and working conditions,","health and safety at workplace and social","security, as set out by EU and national","laws, regulations or administrative","provisions, collective agreement and","contracts, and international labour law","provisions listed in Annex XI, that apply","in the place where the work, service or","supply is performed.","Member States may provide for more","stringent liability rules under national","law."],"old":["3. Paragraphs 1 and 2 shall be without","prejudice to the question of the principal","economic operator's liability.",""],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-81","location":[["Proposal for a directive","Article 81 \u2013 paragraph 3 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["3 a. The main contractor and any","intermediate subcontractor in their","contracts with their subcontractors, shall","stipulate that in the event that they have","reason to believe that their immediate","subcontractor is violating the rules","referred to in Paragraph 3, the immediate","subcontractor shall take immediate action","to remedy the situation, and that, failing","this, the contract concerned shall be","terminated."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-82","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation, as well as","consumer protection and social inclusion."],"old":["2. Member States shall ensure that","contracting entities may take into account","the need to ensure quality, continuity,","accessibility, availability and","comprehensiveness of the services, the","specific needs of different categories of","users, the involvement and empowerment","of users and innovation. Member States","may also provide that the choice of the","service provider shall not be made solely","on the basis of the price for the provision","of the service."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-83","location":[[" Proposal for a directive","Article 86 \u2013 paragraph 2 bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["2a. The general principles in Article 70,","the reasons for exclusion in Article 74","and the subcontracting rules in Article 81","also apply for contracts defined in","Article 84."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rebecca Taylor","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-84","justification":"More flexibility needs to be provided in this Article, in the same way as it is in Article 87. It is\nnecessary to take into account the constitutional structures of some Member States (such as\nthe United Kingdom) who could not put in place a single independant oversight body without\ngoing against national consitutional principles (such as the principle of devolution in the\nUnited Kingdom). If these Member States already have in place a functionning system, then\nthis should remain as long as the responsibilities as stated in Article 84 are fulfiled.","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 1 \u2013 subparagraph 1 a (new)"]],"meps":[112620],"meta":{"created":"2019-07-03T05:50:04"},"new":["Member States that have particular","constitutional arrangements which would","prevent them from establishing a single","independent body, and already have in","place a structure of several administrative","bodies can retain these arrangements, as","long at the bodies concerned fulfill all","responsibilities as stated below."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-85","location":[["Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point d"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["(d) establishing and applying","comprehensive, actionable 'red flag'","indicator and monitoring systems to","prevent, detect and adequately report","instances of procurement fraud, corruption,","conflict of interest and other serious","irregularities as well as specific breaches","of provisions contained in Articles 70, 74","and 81;"],"old":["(d) establishing and applying","comprehensive, actionable \u2018red flag\u2019","indicator systems to prevent, detect and","adequately report instances of procurement","fraud, corruption, conflict of interest and","other serious irregularities;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-86","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 1 \u2013 point f bis (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["(fa) examining the reports issued by the","contracting entities that intend to resort to","a negotiated procedure without","publication;"],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-87","location":[[" Proposal for a directive","Article 93 \u2013 paragraph 3 \u2013 subparagraph 3"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for the","review of contracting entities' decisions","where it detected a violation in the course","of its monitoring and legal advising","activity or during examination of the","reports provided by the contracting","entities, in accordance with Article 44."],"old":["Member States shall empower the","oversight body to seize the jurisdiction","competent according to national law for the","review of contracting entities' decisions","where it has detected a violation in the","course of its monitoring and legal advising","activity."],"orig_lang":"it","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-88","location":[[" Proposal for a directive","Article 96 \u2013 paragraph 1"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:04"},"new":["1. Member States shall make available","technical support structures in order to","provide legal and economic advice,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","advice on individual questions, in","partcular in relation to provisions","contained in Articles 70, 74 and 81."],"old":["1. Member States shall make available","","technical support structures in order to","provide legal and economic advice,","guidance and assistance to contracting","entities in preparing and carrying out","procurement procedures. Member States","shall also ensure that each contracting","entity can obtain competent assistance and","advice on individual questions."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-89","location":[["Proposal for a directive","Article 96 \u2013 paragraph 3 \u2013 subparagraph 2"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:05"},"new":["Contracting entities shall state in the","contract documents, the body or bodies","from which a candidate or tenderer may","obtain the appropriate information on the","obligations relating to taxes, environmental","protection, social and employment","protection and working conditions which","apply in the place where the works are to","be carried out or services are to be","provided as set out by international labour","law provisions listed in Annex XI, Union","and national legislation and/or collective","agreements."],"old":["Member States shall ensure that interested","economic operators have easy access to","appropriate information on the obligations","relating to taxes, environmental protection","and to social and labour law obligations,","which are in force in the Member State, in","the region or locality where the works are","to be carried out or the services are to be","provided and which will be applicable to","the works carried out on site or to the","services provided during the performance","of the contract."],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sergio Gaetano Cofferati","changes":{},"committee":["JURI"],"date":"2012-06-28T00:00:00","id":"PE492.623-90","location":[["Proposal for a directive","Annex 14 \u2013 point 1 a (new)"]],"meps":[96915],"meta":{"created":"2019-07-03T05:50:05"},"new":["- Convention 94 on Labour Clauses in","Public Contracts;"],"orig_lang":"en","peid":"PE492.623v02-00","reference":"2011/0439(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.623+02+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-09T23:25:50":[{"data":[{"body":"EC","commission":[{"Commissioner":"BARNIER Michel","DG":{"title":"Internal Market and Services","url":"http://ec.europa.eu/dgs/internal_market/"}}],"date":"2011-12-20T00:00:00","docs":[{"celexid":"CELEX:52011PC0895:EN","text":["
PURPOSE: to modernise existing public\nprocurement legislation in order to make it better suited to deal\nwith the evolving political, social and\neconomic context.
\nPROPOSED ACT: Directive of the European\nParliament and of the Council.
\nBACKGROUND: public\nprocurement plays an important role in the overall economic\nperformance of the European Union. In Europe, public authorities\nspend around 18 % of GDP on supplies, works and\nservices. Given the volume of purchases, public procurement can\nbe used as a powerful lever for achieving a Single Market fostering\nsmart, sustainable and inclusive growth.
\nA comprehensive economic evaluation has shown that the\npublic procurement Directives have achieved their objectives to a\nconsiderable extent. They have resulted in greater transparency and\nhigher levels of competition while achieving measurable savings\nthrough lower prices.
\nThe Commission published on 27 January 2011 a Green Paper on the\nmodernisation of EU public procurement policy Towards a more\nefficient European Procurement Market launching a broad public\nconsultation on options for legislative changes to make the award\nof contracts easier and more flexible and enable public contracts\nto be put to better use in support of other policies.
\nA very large majority of stakeholders appreciated\nthe initiative of the Commission to review the current public\nprocurement policy. They voiced demand for a review of the\npublic procurement directives to simplify the rules, increase their\nefficiency and effectiveness and make them better suited to deal\nwith the evolving political, social and economic\ncontext.
\nThis proposal has two complementary\nobjectives:
\nThis initiative implements the Europe 2020 strategy\nfor smart, sustainable and inclusive growth and the Europe 2020\nFlagship Initiatives on a Digital Agenda for Europe,\nthe Innovation Union, an Integrated Industrial Policy for the\nGlobalisation Era, Energy 2020 and a Resource Efficient Europe. It\nalso implements the Single Market Act, in\nparticular its twelfth key action Revised and Modernised\nPublic Procurement Legislative Framework.
\nTogether with the proposed new utilities Directive, the\nproposal will replace Directives 2004/17/EC and 2004/18/EC as the\ncore elements of the European Union public procurement legislative\nframework.
\nIMPACT ASSESSMENT: the impact assessment and its\nexecutive summary give an overview of the different options for\neach of the five groups of basic problems (administrative\norganisation, scope, procedures, strategic procurement and access\nto procurement markets).
\nBased on an analysis of the advantages and\ndisadvantages of the different options, a package of preferred\noptions was identified that should optimise the synergies between\nthe different solutions allowing savings due to one type of action\nto neutralise related costs caused by another (e.g. possible\nincreased procedural requirements caused by strategic procurement\nactions could partially be neutralised by savings related to the\nimproved design of procurement procedures). These preferred options\nform the basis of the present proposal.
\nLEGAL BASIS: Article 53(1), Article 62 and Article 114\nof the TFEU.
\nCONTENT: the main axes of the proposal are as\nfollows:
\n(1) Simplification and flexibilisation of\nprocurement procedures
\nClarification of scope:
\nToolbox approach:
\n\nPromotion of e-procurement:
\nModernisation of procedures:
\n(2) Strategic use of public procurement in response to\nnew challenges: the proposed\nDirective is based on enabling approach providing\ncontracting authorities with the instruments needed to contribute\nto the achievement of the Europe 2020 strategic goals by using\ntheir purchasing power to procure goods and services that foster\ninnovation, respect the environment and combat climate change while\nimproving employment, public health and social\nconditions.
\n(3) Better access to the market for SMEs and\nStart-ups
\n(4) Sound procedures
\n(5) Governance
\nBUDGETARY IMPLICATION: the proposal has no budgetary\nimplications for the EU.
\nDELEGATED ACTS: the Commission shall be empowered to\nadopt delegated acts in accordance with Article 290 of the Treaty\non the Functioning of the European Union (TFEU).
\nThe Council held an orientation debate on the\nmodernisation of public procurement policy. It was the first\nministerial debate since the presentation by the Commission, in\nDecember 2011, of the proposals for a major overhaul of public\nprocurement rules across the EU.
\nThe outcome of the debate provides guidance for the\ncontinuation of technical work. The intermediate target is to reach\nan agreement on the main principles of the reform at the\nCompetitiveness Council in May, with the final purpose of getting\nthe reform approved in co legislation with the European\nParliament before the end of 2012.
\nThe three proposals for modernising public procurement\nare:
\nThe debate focused on the new general legal framework.\nMore specifically, it concentrated on two aspects put\nforward by the Presidency:
\n1. The degree of flexibility that should apply in the\nuse of competitive procedures with negotiation: compared to the current rules, the Commission\nproposes to increase the list of cases in which member states may\nallow for the competitive procedure with negotiation, but not so as\nto allow unrestricted access to this procedure.
\nMinisters are invited to comment on the following\nquestions:
\nA majority of delegations stated that a wider use of\nnegotiated procedures in public contracts should be possible and\nthat certain safeguards should also be put in place to ensure equal\ntreatment for tenders. Some other delegations would prefer a\nlimited use for this procedure, in line with the Commission\nproposal.
\n2. Rules for certain categories of services: social,\ncultural, health, etc: the Commission\nproposes abolishing the current distinction applying to certain\nservices that can be externalised under simpler regimes (social,\ncultural, health, education, etc.), so that standard rules would\napply to all services unless explicitly exempted.
\nMinisters are invited to comment on the following\nquestions:
\nMany delegations emphasised that the new system should\nstrike the right balance between promoting efficiency through\ncompetition in contract awards and delivering on the objective of\nlighter public procurement rules for certain services.
\nThe Council held an orientation debate on the\nmodernisation of the public procurement policy in the EU. The\noutcome of the debate provides political guidance for future\nwork.
\nThe Council also took note of a Presidency report\non the progress achieved concerning the reform of the public\nprocurement legal framework. The report outlines a number of\npossible solutions to pave the way for a political agreement in the\ncoming months.
\nThis was the second ministerial debate since the\npresentation by the Commission, on 20 December 2011, of legislative\nproposals for a major overhaul of public procurement rules across\nthe EU. The Package consists of three legislative proposals for (i)\na Directive on public procurement (classical\ndirective), (ii) a Directive on procurement by\nentities operating in the water, energy, transport and postal\nservices sectors and (iii) a Directive on award of concession\ncontracts.
\nThe report outlines a number of possible solutions to\npave the way for a political agreement in the coming months. The\ndebate focused on two key subjects:
\n(1) The use of electronic systems in public\nprocurement (e-procurement): many\ndelegations pointed out the considerable savings that would be\nachieved through increased use of digitisation and electronic\nprocurement procedures. However, it was also noted that important\ntechnical challenges would need to be addressed as regards the\nadaptation of public purchasing bodies, and a certain degree of\ninteroperability would need to be ensure, before use of this\ntechnology is standard.
\nMinisters are invited to comment on whether they\nsupport the Commission proposal to fully switch to electronic\ncommunication within 2 years after transposition, i.e. mid-2016 in\nthe case of adoption of the directive in 2012, or if they would\nprefer a different time frame. They were also asked how the\ntransition can best be supported.
\n(2) The governance and monitoring of the procurement\nprocedures: on governance, a large\nmajority of delegations favoured the \"light\" approach outlined in\nthe Presidency compromise, with Member States having the option of\norganising their administrative structures without the need to\ncreate new structures.
\nMinisters are invited to comment on whether they agree\nwith the Presidency approach, which would leave organisational\ndecisions to Member States and simply identify the tasks to be\ncarried out, including: monitoring, reporting and guidance. They\nare also asked to specify which other tasks should be included or\nshould the list be reduced further.
\nOn the basis of the negotiations and positions\nexpressed in the Council Working Party, along with the political\nguidance provided by the Competitiveness Council on 20 February\n2012 (refer to the summary dated from the same day), the Presidency\npoints out a number of elements below to be included in the\nfinal political agreement:
\nFlexibilisation of procedures: the Presidency proposes to: (i) substantially widen\naccess to the competitive procedure with negotiation and the\ncompetitive dialogue compared to the Commission proposal; (ii)\nfully support the new procedure targeted at promoting structured\ninnovation partnerships in order to further the development and\nsubsequent purchase of innovative supplies, services and works;\n(iii) reduce the minimum time limits set out in the Commission\nproposal in order to make public procurement more\nefficient.
\nStrategic use of public procurement: the Presidency proposes to: (i) promote the\ndevelopment of life-cycle costing and clarify how it can be\nintegrated in the award criteria for public contracts; (ii) state\nthat public procurement rules should continue to focus on \"how to\nbuy\" and not \"what to buy\"; (iii) refine the scope and conditions\nfor a light regime for certain services, including social, health,\ncultural, educational and hotel/restaurant services, while\npromoting transparency and competition.
\nReducing documentation requirements: the Presidency proposes to: (i) fully support making\nobligatory the acceptance of economic operators\nself-declarations instead of certificates and other official\ndocuments as preliminary means of proof that they are not subject\nto grounds for exclusion and that they fulfil the selection\ncriteria; (ii) provide contracting authorities with a possibility\nto ask economic operators to supplement, clarify or complete\ninformation or documentation submitted where it is or appears to be\nincomplete or erroneous, while respecting the principles of\ntransparency and equal treatment.
\nSME Access: the\nPresidency proposes to: (i) fully support the proposal of\nintroducing a turnover cap, according to which contracting\nauthorities should not be allowed to require economic operators to\nhave a minimum turnover exceeding three times the estimated\ncontract value ; (ii) fully support the involvement of SMEs in\npublic procurement markets, by encouraging contracting authorities\nto duly consider dividing contracts into lots.
\nAggregation of demand:\nthe Presidency proposes to: (i) clarify the conditions for use of\nframework agreements; (ii) clarify the rules attributing liability\nfor the observance of the procurement rules among the central\npurchasing body and the contracting authorities procuring from or\nthrough the body; (iii) make it easier for contracting authorities\nfrom different Member States to perform joint procurement across\nborders, thus providing an important tool for procurement of\ninnovative solutions.
\nIt should be recalled Member States have all affirmed\nthe importance of giving a high priority to the negotiations\non the proposal in order to reach agreement with the European\nParliament by the end of 2012.
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Marc TARABELLA (S&D, BE) on\nthe proposal for a directive of the European Parliament and of the\nCouncil on procurement by entities operating in the water, energy,\ntransport and postal services sectors.
\nThe committee recommends that Parliaments\nposition adopted at first reading, according to the ordinary\nlegislative procedure, should be to amend the Commissions\nproposal as follows:
\nPublic service: the\napplication of public procurement rules should not interfere with\nthe freedom of public authorities to decide how they carry out\ntheir public service tasks. This Directive should neither affect\nthe social security legislation of the Member States nor should it\ndeal with the liberalisation of services of general economic\ninterest, reserved to public or private entities, or with the\nprivatisation of public entities providing services.
\nPublic procurement: the\nrevision and the modernisation of the current public procurement\nrules aim to increase the efficiency of public spending, ensure\nvalue for money, facilitate equal access and fair participation\nof small and medium-sized enterprises and craftsmen in public\nprocurement, both at local and Union- wide level, and enable\nprocurers to make better use of public procurement in support of\nsustainable production and consumption.
\nScope: service contracts\nin the fields of civil defence, civil protection, and hazard\nprevention should be excluded from the scope of this Directive.\nThose fields include, in particular, emergency rescue work, which\nshould be defined as separate from ambulance services.
\nProcurement and innovation: this Directive should contribute to facilitating the\npublic procurement of innovation more generally. The procedure\nshould be based on the rules applying to the competitive procedure\nwith negotiations and contracts should be awarded on the sole basis\nof the most economically advantageous tender.
\nWhen setting the terms and conditions for procurement,\ncontracting entities should be allowed to establish innovative\ncharacteristics, including best available techniques, as a\ncriterion relating to the subject of the contract\nconcerned.
\nSME participation:\npublic procurement should be adapted to the needs of small and\nmedium-sized enterprises (SMEs). In order to encourage the\ninvolvement of SMEs in the procurement market, and to enhance\ncompetition, contracting entities should be encouraged in\nparticular to give consideration to dividing contracts into lots,\nespecially for products that require quality for welfare, such as\nfood for passive consumers in hospitals, schools, care for children\nand older people.
\nAward criteria:\ncontracting entities awarding a contract on the basis of the most\neconomically advantageous tender criterion, should determine the\naward criteria on the basis of which they will assess tenders in\norder to identify which one offers the best value for money. The\ndetermination of those criteria should include economic,\nenvironmental and social characteristics. Furthermore,\ncontracting entities should be given the possibility to exclude\ncandidates or tenderers for violations of environmental or social\nobligations, also in compliance with general principles of\nthe Directive.
\nSocial aspects: in order\nto better integrate social considerations in public procurement,\nprocurers should include, in the award criteria and in contract\nperformance clauses, characteristics related to the working,\nemployment and environmental conditions and require the\nproduction of certificates or labels to be drawn up by\nindependent bodies attesting compliance by the economic operator\nwith rules and standards set in those fields.
\nMember States should ensure that economic operators\ncomply with the environmental, social and labour law provisions\nwhich apply at the place where the works are executed, services\nprovided or goods produced or supplied, as set out in international\nconventions listed in Annex XIV and in Union and national law as\nwell as in collective agreements concluded in accordance with\nnational law and practices which respect Union law.
\nContracting entities should be permitted to choose an\naward criterion which refers to the fact that the product concerned\nis of fair trade origin.
\nSubcontractors: Member\nStates should ensure that subcontractors also respect all mandatory\nlegal, regulatory and administrative provisions in force in the\nMember State of contract performance. To this end, Member States\nmay provide for a system of liability throughout the\nsubcontracting chain.
\nModernisation of procedures: Members proposed that the submission of building\ninformation electronic modelling tools for works contracts should\nbe encouraged in order to modernise the procurement process and\nensure greater efficiencies are achieved in the public procurement\nof works covered by this Directive, in particular in relation to\ntaking into account lifecycle costs and sustainability\ncriteria.
\nTransparency: Members\nconsidered that traceability and transparency of decision-making in\nprocurement procedures is essential for ensuring sound procedures,\nincluding effectively fighting corruption and fraud. Contracting\nauthorities should keep copies of concluded high-value\ncontracts to be able to provide access to those documents to\ninterested parties in accordance with applicable rules on access to\ndocumentation.
\nData protection: for all\nprocurements, technical specifications shall be drawn up so as to\nensure that the products, services and works subject to the\ncontract meet the requirements of data protection law at the time\nof the design of the processing of personal data (data protection\nby design).
\nUniform interpretation:\nthe Commission and the Member States should therefore ensure that\nthis Directive is transposed taking into account the major impact\nof the public procurement national legislation on the process of\naccessing Union funds. Therefore it is of utmost importance for the\nMember States to avoid as far as possible any fragmentation in\ninterpretation and application, while also contributing to the\nsimplification at national level.
\nPromoting Union values:\ngiven that the internal market and international markets are\nincreasingly interlinked, Members considered that Union values,\nsuch as transparency, a principled stance against corruption, the\nprinciple of reciprocity and the advancement of social and human\nrights should be appropriately promoted in procurement\npolicies.
\nThe European Parliament adopted by 618 votes to 26\nwith 36 abstentions, a legislative resolution the proposal for a\ndirective of the European Parliament and of the Council on\nprocurement by entities operating in the water, energy, transport\nand postal services sectors.
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of an agreement between\nParliament and Council. They amend the proposal as\nfollows:
\nPublic services:\nnothing in the Directive obliges Member States to contract out\nor externalise the provision of services that they wish to\nprovide themselves or to organise by means other than procurement.\nThe provision of services based on laws, regulations or employment\ncontracts, should not be covered. In some Member States, this might\nfor example be the case for the provision of certain services to\nthe community, such as the supply of drinking water.
\nThe directive should not deal with the liberalisation\nof services of general economic interest, reserved to public or\nprivate entities, or with the privatisation of public entities\nproviding services.
\nPrinciples of procurement: contracting authorities shall treat economic\noperators equally and without discrimination and shall act in a\ntransparent and proportionate manner. The design of the\nprocurement shall not be made with the intention of\nexcluding it from the scope of this Directive or of artificially\nnarrowing competition.
\nGrounds for exclusion:\npublic contracts should not be awarded to economic operators that\nhave participated in a criminal organisation or have been found\nguilty of corruption, fraud to the detriment of the Unions\nfinancial interests, terrorist offences, money laundering or\nterrorist financing. Also, the non-payment of taxes or social\nsecurity contributions should also lead to mandatory exclusion at\nthe level of the Union.
\nContracting entities will be able to exclude economic\noperators which have proven unreliable, for instance because of\nviolations of environmental or social obligations, including rules\non accessibility for disabled persons or other forms of grave\nprofessional misconduct, such as violations of competition rules or\nof intellectual property rights.
\nSocial and environmental requirements: contracting entities shall take relevant measures to\nensure compliance with obligations in the fields of environmental,\nsocial and labour law that result from laws, regulations, decrees\nand decisions, at both national and Union level, as well as from\ncollective agreements, and obligations stemming from international\nagreements listed in Annex XIV.
\nAllow SME participation: Parliament stressed the need to give particular\nattention to small and medium sized enterprises.
\nIn order to further the possibilities for SMEs to\nparticipate in a large contracts, the latter may be divided into\nlots.
\nFurthermore, time limits for participation in\nprocurement procedures should be kept as short as\npossible.
\nGroupings of economic operators: such groupings, including any temporary association\nof undertakings, may participate in the market irrespective of the\nlegal form under which they have chosen to\noperate.
\nConfidentiality:\ncontracting entities may impose on economic operators requirements\naimed at protecting the confidential nature of information which\nthe contracting entities make available throughout the procurement\nprocedure.
\nElectronic communications: contracting authorities should, except in certain\nspecific situations, use electronic means of communication which\nare non-discriminatory, generally available and interoperable with\nthe ICT products in general use and which do not restrict economic\noperators access to the procurement procedure.
\nCertain service contracts and certain works contracts\nhaving as their subject-matter intellectual performances,\nsuch as the design of works, which cannot be ranked using automatic\nevaluation methods, shall not be the object of electronic\nauctions.
\nConflicts of interests:\ncontracting authorities should make use of all possible means at\ntheir disposal in order to prevent distortions in procurement\nprocedures stemming from conflicts of interest. This could include\nprocedures in order to identify, prevent and remedy conflicts of\ninterests.
\nMixed contracts: the\napplicable rules should be determined with respect to the main\nsubject of the contract where the different parts which constitute\nthe contract are objectively not separable. In the case of mixed\ncontracts, which can be separated, contracting entities are always\nfree to award separate contracts for the separate parts of the\nmixed contract, in which case the provisions applicable to each\nseparate part should be determined exclusively with respect to the\ncharacteristics of that specific contract. There are separate\nprovisions on mixed contracts dealing with defence.
\nInnovative solutions and innovation\npartnerships: Parliament introduced a\nnew procedure to encourage tenders proposing innovative solutions\nwhere a need for the development of an innovative product or\nservice or innovative works and the subsequent purchase of the\nresulting supplies, services or works cannot be met by solutions\nalready available on the market.
\nThe new innovation partnership should be based on the\nprocedural rules that apply to the competitive procedure with\nnegotiation and contracts should be awarded on the sole basis\nof the best price-quality ratio, which is most suitable for\ncomparing tenders for innovative solutions.
\nBest price-quality ratio: awards must be made on the basis of most\neconomically advantageous tender.
\nThe most economically advantageous tender from the\npoint of view of the contracting authority shall be identified on\nthe basis of the price or cost, using a cost-effectiveness\napproach, such as life-cycle, and may include the best\nprice-quality ratio, which shall be assessed on the basis of\ncriteria, including qualitative, environmental and/or social\naspects, linked to the subject-matter of the public contract\nin question. Such criteria may comprise, for instance trading and\ndelivery conditions.
\nAbnormally low offers: to fight social dumping and ensure that workers'\nrights are respected, stricter rules are introduced regarding\nabnormally low bids. Contracting authorities shall require economic\noperators to explain the price or costs proposed in the tender\nwhere tenders appear to be abnormally low in relation to\nthe works, supplies or services.
\nRelations with third countries: Member States shall inform the Commission of any\ngeneral difficulties, in law or in fact, encountered and reported\nby their undertakings in securing the award of service contracts in\nthird countries. The Commission shall endeavour, by approaching the\nthird country concerned, to remedy any situation whereby it finds a\nthird country does not grant Union undertakings effective access\ncomparable to that granted by the Union to undertakings from that\ncountry.
\nPURPOSE: to revise and modernise the rules on public\nprocurement in the EU.
\nLEGISLATIVE ACT: Directive 2014/25/EU of the European\nParliament and of the Council on procurement by entities operating\nin the water, energy, transport and postal services sectors and\nrepealing Directive 2004/17/EC.
\nCONTENT: the Directive is part of a legislative\npackage for modernisation of public procurement in the EU, which is\nalso made up of:
\n\n· \na\nDirective on public procurement (replacing Directive\n2004/18/EC) ; and
\n\n· \na Directive\non the award of concession contracts.
\nThe Directive applies to procurements with a value net\nof value-added tax (VAT) estimated to be equal to or greater than\nthe following thresholds:
\n\n· \nEUR 414 000 for supply and service contracts as well as for design\ncontests;
\n\n· \nEUR 5 186 000 for works contracts;
\n\n· \nEUR 1 000 000 for service contracts for social and other specific\nservices.
\nThe Directive does not affect the freedom of Member\nStates to define what they consider to be services of general\neconomic interest, how those services should be organised and\nfinanced, in compliance with the State aid rules, and to what\nspecific obligations they should be subject.
\nMember States are free to organise the provision of\ncompulsory social services or of other services such as postal\nservices either as services of general economic interest or as\nnon-economic services of general interest or as a mixture of\nthese.
\nThe review is a major overhaul of public\nprocurement rules across the EU, the main points of which are\nas follows:
\nSimplification of procedures: Member State systems will provide two basic\nforms of procedure, open and restricted procedure. They may, in\naddition, provide, subject to certain conditions, the competitive\nprocedure with negotiation, the competitive dialogue and/or the\ninnovation partnership, a new form of procedure for innovative\nprocurement.
\nTime-limits for participations and submission of offers have been shortened and the\ngrounds for exclusion of candidates and tenderers have been\nreviewed and clarified. Public contracts\nshould not be awarded to economic operators that have participated\nin a criminal organisation or have been found guilty of corruption,\nfraud to the detriment of the Unions financial interests,\nterrorist offences, money laundering or terrorist financing.\nSimilarly, the non-payment of taxes or social security\ncontributions should also lead to mandatory exclusion at the level\nof the Union.
\nFurthermore, contracting entities may exclude economic\noperators which have proven unreliable, for instance because of\nviolations of environmental or social obligations, including\nrules on accessibility for disabled persons
\nSimplification includes the fact that the\ndocumentation required is reduced, notably through the compulsory\nacceptance of self-declarations from bidders (through a\nstandardised European Single Procurement Document) consisting\nof a formal statement by the economic operator that the relevant\nground for exclusion does not apply and/or that the relevant\nselection criterion is fulfilled and shall provide the relevant\ninformation as required by the contracting\nauthority.
\nThe promotion of on line public procurement is\na more user-friendly feature and a key factor in the simplification\nprocess.
\nStrategic use of public procurement: in response to new challenges, the new rules\nseek to ensure greater inclusion of common societal goals in\nthe procurement process. These goals include environmental\nprotection, social responsibility, innovation, combating climate\nchange, employment, public health and other social and\nenvironmental considerations.
\nIn the performance of public contracts economic\noperators comply with applicable obligations in the fields of\nenvironmental, social and labour law established by Union law,\nnational law, collective agreements or by the international\nenvironmental, social and labour law provisions listed in Annex\nXIV.
\nEncourage innovation: innovation will be specifically encouraged, through\nthe new innovation partnership introduced by Parliament. This\nprocedure aims to encourage tenders proposing innovative solutions\nwhere a need for the development of an innovative product or\nservice or innovative works and the subsequent purchase of the\nresulting supplies, services or works cannot be met by solutions\nalready available on the market.
\nThe new innovation partnership is based on the\nprocedural rules that apply to the competitive procedure with\nnegotiation and contracts should be awarded on the sole basis of\nthe best price-quality ratio.
\nBetter access for SME participation: Parliament had stressed the need to give\nparticular attention to small and medium sized\nenterprises.
\nThe Directive provides for concrete measures to remove\nbarriers for market access by small and medium-sized enterprises\n(SMEs), such as simplification of documentation obligations in\nprocurement procedures, the creation of a standardised document for\nselection purposes, an incitation for contracting authorities to\nconsider the division of contracts into smaller lots that\nare more accessible for SMEs, and a reduction on requirements for\nparticipation.
\nGroups of economic operators, including temporary associations, may participate in\nprocurement procedures. They shall not be required by contracting\nentities to have a specific legal form in order to submit a tender\nor a request to participate.
\nClear procedures:\ncontracting authorities must take appropriate measures to\neffectively prevent, identify and remedy conflicts of\ninterest arising in the conduct of procurement procedures so as\nto avoid any distortion of competition and to ensure equal\ntreatment of all economic operators.
\nThe new Directive introduces more stringent\nrequirements regarding subcontracting. The conditions relating\nto the enforcement of observance of applicable obligations in\nthe fields of environmental, social and labour law, established\nby Union law, national law, collective agreements or by the\ninternational environmental, social and labour law provisions\nshould be applied whenever the national law of a Member State\nprovides for a mechanism of joint liability between subcontractors\nand the main contractor.
\nFurthermore, to fight social dumping and ensure that\nworkers' rights are respected, stricter rules are introduced\nregarding abnormally low bids.
\nGovernance: the\nDirective contains obligations for Member States to monitor and\nreport on public procurement activity in order to improve the\nefficacy and uniform application of EU law in this\nfield.
\nENTRY INTO FORCE: 17/04/2014.
\nTRANSPOSITION: 18/04/2016.
\nDELEGATED ACTS: the Commission is empowered to adopt\ndelegated acts in order to adapt to rapid\ntechnical, economic and regulatory developments. The power to adopt such acts is conferred on the\nCommission for an indeterminate period from 17 April 2014. The\nEuropean Parliament or the Council may object to a delegated act\nwithin two months from the date of notification (which may be\nextended by two months.) If the European Parliament or Council\nexpress objections, the delegated act will not enter into\nforce.
\nPURPOSE: to modernise existing public\nprocurement legislation in order to make it better suited to deal\nwith the evolving political, social and\neconomic context.
\nPROPOSED ACT: Directive of the European\nParliament and of the Council.
\nBACKGROUND: public\nprocurement plays an important role in the overall economic\nperformance of the European Union. In Europe, public authorities\nspend around 18 % of GDP on supplies, works and\nservices. Given the volume of purchases, public procurement can\nbe used as a powerful lever for achieving a Single Market fostering\nsmart, sustainable and inclusive growth.
\nA comprehensive economic evaluation has shown that the\npublic procurement Directives have achieved their objectives to a\nconsiderable extent. They have resulted in greater transparency and\nhigher levels of competition while achieving measurable savings\nthrough lower prices.
\nThe Commission published on 27 January 2011 a Green Paper on the\nmodernisation of EU public procurement policy Towards a more\nefficient European Procurement Market launching a broad public\nconsultation on options for legislative changes to make the award\nof contracts easier and more flexible and enable public contracts\nto be put to better use in support of other policies.
\nA very large majority of stakeholders appreciated\nthe initiative of the Commission to review the current public\nprocurement policy. They voiced demand for a review of the\npublic procurement directives to simplify the rules, increase their\nefficiency and effectiveness and make them better suited to deal\nwith the evolving political, social and economic\ncontext.
\nThis proposal has two complementary\nobjectives:
\nThis initiative implements the Europe 2020 strategy\nfor smart, sustainable and inclusive growth and the Europe 2020\nFlagship Initiatives on a Digital Agenda for Europe,\nthe Innovation Union, an Integrated Industrial Policy for the\nGlobalisation Era, Energy 2020 and a Resource Efficient Europe. It\nalso implements the Single Market Act, in\nparticular its twelfth key action Revised and Modernised\nPublic Procurement Legislative Framework.
\nTogether with the proposed new utilities Directive, the\nproposal will replace Directives 2004/17/EC and 2004/18/EC as the\ncore elements of the European Union public procurement legislative\nframework.
\nIMPACT ASSESSMENT: the impact assessment and its\nexecutive summary give an overview of the different options for\neach of the five groups of basic problems (administrative\norganisation, scope, procedures, strategic procurement and access\nto procurement markets).
\nBased on an analysis of the advantages and\ndisadvantages of the different options, a package of preferred\noptions was identified that should optimise the synergies between\nthe different solutions allowing savings due to one type of action\nto neutralise related costs caused by another (e.g. possible\nincreased procedural requirements caused by strategic procurement\nactions could partially be neutralised by savings related to the\nimproved design of procurement procedures). These preferred options\nform the basis of the present proposal.
\nLEGAL BASIS: Article 53(1), Article 62 and Article 114\nof the TFEU.
\nCONTENT: the main axes of the proposal are as\nfollows:
\n(1) Simplification and flexibilisation of\nprocurement procedures
\nClarification of scope:
\nToolbox approach:
\n\nPromotion of e-procurement:
\nModernisation of procedures:
\n(2) Strategic use of public procurement in response to\nnew challenges: the proposed\nDirective is based on enabling approach providing\ncontracting authorities with the instruments needed to contribute\nto the achievement of the Europe 2020 strategic goals by using\ntheir purchasing power to procure goods and services that foster\ninnovation, respect the environment and combat climate change while\nimproving employment, public health and social\nconditions.
\n(3) Better access to the market for SMEs and\nStart-ups
\n(4) Sound procedures
\n(5) Governance
\nBUDGETARY IMPLICATION: the proposal has no budgetary\nimplications for the EU.
\nDELEGATED ACTS: the Commission shall be empowered to\nadopt delegated acts in accordance with Article 290 of the Treaty\non the Functioning of the European Union (TFEU).
\nThe Council held an orientation debate on the\nmodernisation of public procurement policy. It was the first\nministerial debate since the presentation by the Commission, in\nDecember 2011, of the proposals for a major overhaul of public\nprocurement rules across the EU.
\nThe outcome of the debate provides guidance for the\ncontinuation of technical work. The intermediate target is to reach\nan agreement on the main principles of the reform at the\nCompetitiveness Council in May, with the final purpose of getting\nthe reform approved in co legislation with the European\nParliament before the end of 2012.
\nThe three proposals for modernising public procurement\nare:
\nThe debate focused on the new general legal framework.\nMore specifically, it concentrated on two aspects put\nforward by the Presidency:
\n1. The degree of flexibility that should apply in the\nuse of competitive procedures with negotiation: compared to the current rules, the Commission\nproposes to increase the list of cases in which member states may\nallow for the competitive procedure with negotiation, but not so as\nto allow unrestricted access to this procedure.
\nMinisters are invited to comment on the following\nquestions:
\nA majority of delegations stated that a wider use of\nnegotiated procedures in public contracts should be possible and\nthat certain safeguards should also be put in place to ensure equal\ntreatment for tenders. Some other delegations would prefer a\nlimited use for this procedure, in line with the Commission\nproposal.
\n2. Rules for certain categories of services: social,\ncultural, health, etc: the Commission\nproposes abolishing the current distinction applying to certain\nservices that can be externalised under simpler regimes (social,\ncultural, health, education, etc.), so that standard rules would\napply to all services unless explicitly exempted.
\nMinisters are invited to comment on the following\nquestions:
\nMany delegations emphasised that the new system should\nstrike the right balance between promoting efficiency through\ncompetition in contract awards and delivering on the objective of\nlighter public procurement rules for certain services.
\nThe Council held an orientation debate on the\nmodernisation of the public procurement policy in the EU. The\noutcome of the debate provides political guidance for future\nwork.
\nThe Council also took note of a Presidency report\non the progress achieved concerning the reform of the public\nprocurement legal framework. The report outlines a number of\npossible solutions to pave the way for a political agreement in the\ncoming months.
\nThis was the second ministerial debate since the\npresentation by the Commission, on 20 December 2011, of legislative\nproposals for a major overhaul of public procurement rules across\nthe EU. The Package consists of three legislative proposals for (i)\na Directive on public procurement (classical\ndirective), (ii) a Directive on procurement by\nentities operating in the water, energy, transport and postal\nservices sectors and (iii) a Directive on award of concession\ncontracts.
\nThe report outlines a number of possible solutions to\npave the way for a political agreement in the coming months. The\ndebate focused on two key subjects:
\n(1) The use of electronic systems in public\nprocurement (e-procurement): many\ndelegations pointed out the considerable savings that would be\nachieved through increased use of digitisation and electronic\nprocurement procedures. However, it was also noted that important\ntechnical challenges would need to be addressed as regards the\nadaptation of public purchasing bodies, and a certain degree of\ninteroperability would need to be ensure, before use of this\ntechnology is standard.
\nMinisters are invited to comment on whether they\nsupport the Commission proposal to fully switch to electronic\ncommunication within 2 years after transposition, i.e. mid-2016 in\nthe case of adoption of the directive in 2012, or if they would\nprefer a different time frame. They were also asked how the\ntransition can best be supported.
\n(2) The governance and monitoring of the procurement\nprocedures: on governance, a large\nmajority of delegations favoured the \"light\" approach outlined in\nthe Presidency compromise, with Member States having the option of\norganising their administrative structures without the need to\ncreate new structures.
\nMinisters are invited to comment on whether they agree\nwith the Presidency approach, which would leave organisational\ndecisions to Member States and simply identify the tasks to be\ncarried out, including: monitoring, reporting and guidance. They\nare also asked to specify which other tasks should be included or\nshould the list be reduced further.
\nOn the basis of the negotiations and positions\nexpressed in the Council Working Party, along with the political\nguidance provided by the Competitiveness Council on 20 February\n2012 (refer to the summary dated from the same day), the Presidency\npoints out a number of elements below to be included in the\nfinal political agreement:
\nFlexibilisation of procedures: the Presidency proposes to: (i) substantially widen\naccess to the competitive procedure with negotiation and the\ncompetitive dialogue compared to the Commission proposal; (ii)\nfully support the new procedure targeted at promoting structured\ninnovation partnerships in order to further the development and\nsubsequent purchase of innovative supplies, services and works;\n(iii) reduce the minimum time limits set out in the Commission\nproposal in order to make public procurement more\nefficient.
\nStrategic use of public procurement: the Presidency proposes to: (i) promote the\ndevelopment of life-cycle costing and clarify how it can be\nintegrated in the award criteria for public contracts; (ii) state\nthat public procurement rules should continue to focus on \"how to\nbuy\" and not \"what to buy\"; (iii) refine the scope and conditions\nfor a light regime for certain services, including social, health,\ncultural, educational and hotel/restaurant services, while\npromoting transparency and competition.
\nReducing documentation requirements: the Presidency proposes to: (i) fully support making\nobligatory the acceptance of economic operators\nself-declarations instead of certificates and other official\ndocuments as preliminary means of proof that they are not subject\nto grounds for exclusion and that they fulfil the selection\ncriteria; (ii) provide contracting authorities with a possibility\nto ask economic operators to supplement, clarify or complete\ninformation or documentation submitted where it is or appears to be\nincomplete or erroneous, while respecting the principles of\ntransparency and equal treatment.
\nSME Access: the\nPresidency proposes to: (i) fully support the proposal of\nintroducing a turnover cap, according to which contracting\nauthorities should not be allowed to require economic operators to\nhave a minimum turnover exceeding three times the estimated\ncontract value ; (ii) fully support the involvement of SMEs in\npublic procurement markets, by encouraging contracting authorities\nto duly consider dividing contracts into lots.
\nAggregation of demand:\nthe Presidency proposes to: (i) clarify the conditions for use of\nframework agreements; (ii) clarify the rules attributing liability\nfor the observance of the procurement rules among the central\npurchasing body and the contracting authorities procuring from or\nthrough the body; (iii) make it easier for contracting authorities\nfrom different Member States to perform joint procurement across\nborders, thus providing an important tool for procurement of\ninnovative solutions.
\nIt should be recalled Member States have all affirmed\nthe importance of giving a high priority to the negotiations\non the proposal in order to reach agreement with the European\nParliament by the end of 2012.
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Marc TARABELLA (S&D, BE) on\nthe proposal for a directive of the European Parliament and of the\nCouncil on procurement by entities operating in the water, energy,\ntransport and postal services sectors.
\nThe committee recommends that Parliaments\nposition adopted at first reading, according to the ordinary\nlegislative procedure, should be to amend the Commissions\nproposal as follows:
\nPublic service: the\napplication of public procurement rules should not interfere with\nthe freedom of public authorities to decide how they carry out\ntheir public service tasks. This Directive should neither affect\nthe social security legislation of the Member States nor should it\ndeal with the liberalisation of services of general economic\ninterest, reserved to public or private entities, or with the\nprivatisation of public entities providing services.
\nPublic procurement: the\nrevision and the modernisation of the current public procurement\nrules aim to increase the efficiency of public spending, ensure\nvalue for money, facilitate equal access and fair participation\nof small and medium-sized enterprises and craftsmen in public\nprocurement, both at local and Union- wide level, and enable\nprocurers to make better use of public procurement in support of\nsustainable production and consumption.
\nScope: service contracts\nin the fields of civil defence, civil protection, and hazard\nprevention should be excluded from the scope of this Directive.\nThose fields include, in particular, emergency rescue work, which\nshould be defined as separate from ambulance services.
\nProcurement and innovation: this Directive should contribute to facilitating the\npublic procurement of innovation more generally. The procedure\nshould be based on the rules applying to the competitive procedure\nwith negotiations and contracts should be awarded on the sole basis\nof the most economically advantageous tender.
\nWhen setting the terms and conditions for procurement,\ncontracting entities should be allowed to establish innovative\ncharacteristics, including best available techniques, as a\ncriterion relating to the subject of the contract\nconcerned.
\nSME participation:\npublic procurement should be adapted to the needs of small and\nmedium-sized enterprises (SMEs). In order to encourage the\ninvolvement of SMEs in the procurement market, and to enhance\ncompetition, contracting entities should be encouraged in\nparticular to give consideration to dividing contracts into lots,\nespecially for products that require quality for welfare, such as\nfood for passive consumers in hospitals, schools, care for children\nand older people.
\nAward criteria:\ncontracting entities awarding a contract on the basis of the most\neconomically advantageous tender criterion, should determine the\naward criteria on the basis of which they will assess tenders in\norder to identify which one offers the best value for money. The\ndetermination of those criteria should include economic,\nenvironmental and social characteristics. Furthermore,\ncontracting entities should be given the possibility to exclude\ncandidates or tenderers for violations of environmental or social\nobligations, also in compliance with general principles of\nthe Directive.
\nSocial aspects: in order\nto better integrate social considerations in public procurement,\nprocurers should include, in the award criteria and in contract\nperformance clauses, characteristics related to the working,\nemployment and environmental conditions and require the\nproduction of certificates or labels to be drawn up by\nindependent bodies attesting compliance by the economic operator\nwith rules and standards set in those fields.
\nMember States should ensure that economic operators\ncomply with the environmental, social and labour law provisions\nwhich apply at the place where the works are executed, services\nprovided or goods produced or supplied, as set out in international\nconventions listed in Annex XIV and in Union and national law as\nwell as in collective agreements concluded in accordance with\nnational law and practices which respect Union law.
\nContracting entities should be permitted to choose an\naward criterion which refers to the fact that the product concerned\nis of fair trade origin.
\nSubcontractors: Member\nStates should ensure that subcontractors also respect all mandatory\nlegal, regulatory and administrative provisions in force in the\nMember State of contract performance. To this end, Member States\nmay provide for a system of liability throughout the\nsubcontracting chain.
\nModernisation of procedures: Members proposed that the submission of building\ninformation electronic modelling tools for works contracts should\nbe encouraged in order to modernise the procurement process and\nensure greater efficiencies are achieved in the public procurement\nof works covered by this Directive, in particular in relation to\ntaking into account lifecycle costs and sustainability\ncriteria.
\nTransparency: Members\nconsidered that traceability and transparency of decision-making in\nprocurement procedures is essential for ensuring sound procedures,\nincluding effectively fighting corruption and fraud. Contracting\nauthorities should keep copies of concluded high-value\ncontracts to be able to provide access to those documents to\ninterested parties in accordance with applicable rules on access to\ndocumentation.
\nData protection: for all\nprocurements, technical specifications shall be drawn up so as to\nensure that the products, services and works subject to the\ncontract meet the requirements of data protection law at the time\nof the design of the processing of personal data (data protection\nby design).
\nUniform interpretation:\nthe Commission and the Member States should therefore ensure that\nthis Directive is transposed taking into account the major impact\nof the public procurement national legislation on the process of\naccessing Union funds. Therefore it is of utmost importance for the\nMember States to avoid as far as possible any fragmentation in\ninterpretation and application, while also contributing to the\nsimplification at national level.
\nPromoting Union values:\ngiven that the internal market and international markets are\nincreasingly interlinked, Members considered that Union values,\nsuch as transparency, a principled stance against corruption, the\nprinciple of reciprocity and the advancement of social and human\nrights should be appropriately promoted in procurement\npolicies.
\nThe European Parliament adopted by 618 votes to 26\nwith 36 abstentions, a legislative resolution the proposal for a\ndirective of the European Parliament and of the Council on\nprocurement by entities operating in the water, energy, transport\nand postal services sectors.
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of an agreement between\nParliament and Council. They amend the proposal as\nfollows:
\nPublic services:\nnothing in the Directive obliges Member States to contract out\nor externalise the provision of services that they wish to\nprovide themselves or to organise by means other than procurement.\nThe provision of services based on laws, regulations or employment\ncontracts, should not be covered. In some Member States, this might\nfor example be the case for the provision of certain services to\nthe community, such as the supply of drinking water.
\nThe directive should not deal with the liberalisation\nof services of general economic interest, reserved to public or\nprivate entities, or with the privatisation of public entities\nproviding services.
\nPrinciples of procurement: contracting authorities shall treat economic\noperators equally and without discrimination and shall act in a\ntransparent and proportionate manner. The design of the\nprocurement shall not be made with the intention of\nexcluding it from the scope of this Directive or of artificially\nnarrowing competition.
\nGrounds for exclusion:\npublic contracts should not be awarded to economic operators that\nhave participated in a criminal organisation or have been found\nguilty of corruption, fraud to the detriment of the Unions\nfinancial interests, terrorist offences, money laundering or\nterrorist financing. Also, the non-payment of taxes or social\nsecurity contributions should also lead to mandatory exclusion at\nthe level of the Union.
\nContracting entities will be able to exclude economic\noperators which have proven unreliable, for instance because of\nviolations of environmental or social obligations, including rules\non accessibility for disabled persons or other forms of grave\nprofessional misconduct, such as violations of competition rules or\nof intellectual property rights.
\nSocial and environmental requirements: contracting entities shall take relevant measures to\nensure compliance with obligations in the fields of environmental,\nsocial and labour law that result from laws, regulations, decrees\nand decisions, at both national and Union level, as well as from\ncollective agreements, and obligations stemming from international\nagreements listed in Annex XIV.
\nAllow SME participation: Parliament stressed the need to give particular\nattention to small and medium sized enterprises.
\nIn order to further the possibilities for SMEs to\nparticipate in a large contracts, the latter may be divided into\nlots.
\nFurthermore, time limits for participation in\nprocurement procedures should be kept as short as\npossible.
\nGroupings of economic operators: such groupings, including any temporary association\nof undertakings, may participate in the market irrespective of the\nlegal form under which they have chosen to\noperate.
\nConfidentiality:\ncontracting entities may impose on economic operators requirements\naimed at protecting the confidential nature of information which\nthe contracting entities make available throughout the procurement\nprocedure.
\nElectronic communications: contracting authorities should, except in certain\nspecific situations, use electronic means of communication which\nare non-discriminatory, generally available and interoperable with\nthe ICT products in general use and which do not restrict economic\noperators access to the procurement procedure.
\nCertain service contracts and certain works contracts\nhaving as their subject-matter intellectual performances,\nsuch as the design of works, which cannot be ranked using automatic\nevaluation methods, shall not be the object of electronic\nauctions.
\nConflicts of interests:\ncontracting authorities should make use of all possible means at\ntheir disposal in order to prevent distortions in procurement\nprocedures stemming from conflicts of interest. This could include\nprocedures in order to identify, prevent and remedy conflicts of\ninterests.
\nMixed contracts: the\napplicable rules should be determined with respect to the main\nsubject of the contract where the different parts which constitute\nthe contract are objectively not separable. In the case of mixed\ncontracts, which can be separated, contracting entities are always\nfree to award separate contracts for the separate parts of the\nmixed contract, in which case the provisions applicable to each\nseparate part should be determined exclusively with respect to the\ncharacteristics of that specific contract. There are separate\nprovisions on mixed contracts dealing with defence.
\nInnovative solutions and innovation\npartnerships: Parliament introduced a\nnew procedure to encourage tenders proposing innovative solutions\nwhere a need for the development of an innovative product or\nservice or innovative works and the subsequent purchase of the\nresulting supplies, services or works cannot be met by solutions\nalready available on the market.
\nThe new innovation partnership should be based on the\nprocedural rules that apply to the competitive procedure with\nnegotiation and contracts should be awarded on the sole basis\nof the best price-quality ratio, which is most suitable for\ncomparing tenders for innovative solutions.
\nBest price-quality ratio: awards must be made on the basis of most\neconomically advantageous tender.
\nThe most economically advantageous tender from the\npoint of view of the contracting authority shall be identified on\nthe basis of the price or cost, using a cost-effectiveness\napproach, such as life-cycle, and may include the best\nprice-quality ratio, which shall be assessed on the basis of\ncriteria, including qualitative, environmental and/or social\naspects, linked to the subject-matter of the public contract\nin question. Such criteria may comprise, for instance trading and\ndelivery conditions.
\nAbnormally low offers: to fight social dumping and ensure that workers'\nrights are respected, stricter rules are introduced regarding\nabnormally low bids. Contracting authorities shall require economic\noperators to explain the price or costs proposed in the tender\nwhere tenders appear to be abnormally low in relation to\nthe works, supplies or services.
\nRelations with third countries: Member States shall inform the Commission of any\ngeneral difficulties, in law or in fact, encountered and reported\nby their undertakings in securing the award of service contracts in\nthird countries. The Commission shall endeavour, by approaching the\nthird country concerned, to remedy any situation whereby it finds a\nthird country does not grant Union undertakings effective access\ncomparable to that granted by the Union to undertakings from that\ncountry.
\nPURPOSE: to revise and modernise the rules on public\nprocurement in the EU.
\nLEGISLATIVE ACT: Directive 2014/25/EU of the European\nParliament and of the Council on procurement by entities operating\nin the water, energy, transport and postal services sectors and\nrepealing Directive 2004/17/EC.
\nCONTENT: the Directive is part of a legislative\npackage for modernisation of public procurement in the EU, which is\nalso made up of:
\n\n· \na\nDirective on public procurement (replacing Directive\n2004/18/EC) ; and
\n\n· \na Directive\non the award of concession contracts.
\nThe Directive applies to procurements with a value net\nof value-added tax (VAT) estimated to be equal to or greater than\nthe following thresholds:
\n\n· \nEUR 414 000 for supply and service contracts as well as for design\ncontests;
\n\n· \nEUR 5 186 000 for works contracts;
\n\n· \nEUR 1 000 000 for service contracts for social and other specific\nservices.
\nThe Directive does not affect the freedom of Member\nStates to define what they consider to be services of general\neconomic interest, how those services should be organised and\nfinanced, in compliance with the State aid rules, and to what\nspecific obligations they should be subject.
\nMember States are free to organise the provision of\ncompulsory social services or of other services such as postal\nservices either as services of general economic interest or as\nnon-economic services of general interest or as a mixture of\nthese.
\nThe review is a major overhaul of public\nprocurement rules across the EU, the main points of which are\nas follows:
\nSimplification of procedures: Member State systems will provide two basic\nforms of procedure, open and restricted procedure. They may, in\naddition, provide, subject to certain conditions, the competitive\nprocedure with negotiation, the competitive dialogue and/or the\ninnovation partnership, a new form of procedure for innovative\nprocurement.
\nTime-limits for participations and submission of offers have been shortened and the\ngrounds for exclusion of candidates and tenderers have been\nreviewed and clarified. Public contracts\nshould not be awarded to economic operators that have participated\nin a criminal organisation or have been found guilty of corruption,\nfraud to the detriment of the Unions financial interests,\nterrorist offences, money laundering or terrorist financing.\nSimilarly, the non-payment of taxes or social security\ncontributions should also lead to mandatory exclusion at the level\nof the Union.
\nFurthermore, contracting entities may exclude economic\noperators which have proven unreliable, for instance because of\nviolations of environmental or social obligations, including\nrules on accessibility for disabled persons
\nSimplification includes the fact that the\ndocumentation required is reduced, notably through the compulsory\nacceptance of self-declarations from bidders (through a\nstandardised European Single Procurement Document) consisting\nof a formal statement by the economic operator that the relevant\nground for exclusion does not apply and/or that the relevant\nselection criterion is fulfilled and shall provide the relevant\ninformation as required by the contracting\nauthority.
\nThe promotion of on line public procurement is\na more user-friendly feature and a key factor in the simplification\nprocess.
\nStrategic use of public procurement: in response to new challenges, the new rules\nseek to ensure greater inclusion of common societal goals in\nthe procurement process. These goals include environmental\nprotection, social responsibility, innovation, combating climate\nchange, employment, public health and other social and\nenvironmental considerations.
\nIn the performance of public contracts economic\noperators comply with applicable obligations in the fields of\nenvironmental, social and labour law established by Union law,\nnational law, collective agreements or by the international\nenvironmental, social and labour law provisions listed in Annex\nXIV.
\nEncourage innovation: innovation will be specifically encouraged, through\nthe new innovation partnership introduced by Parliament. This\nprocedure aims to encourage tenders proposing innovative solutions\nwhere a need for the development of an innovative product or\nservice or innovative works and the subsequent purchase of the\nresulting supplies, services or works cannot be met by solutions\nalready available on the market.
\nThe new innovation partnership is based on the\nprocedural rules that apply to the competitive procedure with\nnegotiation and contracts should be awarded on the sole basis of\nthe best price-quality ratio.
\nBetter access for SME participation: Parliament had stressed the need to give\nparticular attention to small and medium sized\nenterprises.
\nThe Directive provides for concrete measures to remove\nbarriers for market access by small and medium-sized enterprises\n(SMEs), such as simplification of documentation obligations in\nprocurement procedures, the creation of a standardised document for\nselection purposes, an incitation for contracting authorities to\nconsider the division of contracts into smaller lots that\nare more accessible for SMEs, and a reduction on requirements for\nparticipation.
\nGroups of economic operators, including temporary associations, may participate in\nprocurement procedures. They shall not be required by contracting\nentities to have a specific legal form in order to submit a tender\nor a request to participate.
\nClear procedures:\ncontracting authorities must take appropriate measures to\neffectively prevent, identify and remedy conflicts of\ninterest arising in the conduct of procurement procedures so as\nto avoid any distortion of competition and to ensure equal\ntreatment of all economic operators.
\nThe new Directive introduces more stringent\nrequirements regarding subcontracting. The conditions relating\nto the enforcement of observance of applicable obligations in\nthe fields of environmental, social and labour law, established\nby Union law, national law, collective agreements or by the\ninternational environmental, social and labour law provisions\nshould be applied whenever the national law of a Member State\nprovides for a mechanism of joint liability between subcontractors\nand the main contractor.
\nFurthermore, to fight social dumping and ensure that\nworkers' rights are respected, stricter rules are introduced\nregarding abnormally low bids.
\nGovernance: the\nDirective contains obligations for Member States to monitor and\nreport on public procurement activity in order to improve the\nefficacy and uniform application of EU law in this\nfield.
\nENTRY INTO FORCE: 17/04/2014.
\nTRANSPOSITION: 18/04/2016.
\nDELEGATED ACTS: the Commission is empowered to adopt\ndelegated acts in order to adapt to rapid\ntechnical, economic and regulatory developments. The power to adopt such acts is conferred on the\nCommission for an indeterminate period from 17 April 2014. The\nEuropean Parliament or the Council may object to a delegated act\nwithin two months from the date of notification (which may be\nextended by two months.) If the European Parliament or Council\nexpress objections, the delegated act will not enter into\nforce.
\n