34 Amendments of Josef WEIDENHOLZER related to 2011/0437(COD)
Amendment 238 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 410 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 411 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 453 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 464 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 479 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 535 #
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to service concessions in respect of services of general economic interest, particularly in the field of water supply, sewage disposal, social services, health services and employee association services.
Amendment 554 #
Proposal for a directive
Article 13
Article 13
Amendment 715 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 717 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 728 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 729 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 730 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 794 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice the conditions for participation in particular relating to:
Amendment 800 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the concession to be awarded. All requirements shall be related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.
Amendment 802 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
Contracting authorities and contracting entities shall also indicate in the concession notice the reference or references to be submitted as proof of the economic operator's capacities. The requirements in respect of those references shall be non- discriminatory and proportionate to the subject-matter of the concession.
Amendment 807 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. With regard to the criteria referred to in paragraph 1, an economic operator mayIf subcontracting is employed, wthere appropriate and for a particular concession, rely on the capacities of other entities, regardless of the legal nature of its links with them. It shall, in that case, economic operator shall prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources, for example, by producing an undertaking by those entities to that effect. With regard to economic and financial standing, contracting authorities and contracting entities may require that the economic operator andThe legal requirements laid down in paragraphs 5 to 7 of this article must also be met by the subcontractors. The economic operator shall certify that they are not covered by any of the exclusion criteria. With regard to economic and financial standing, those entities are jointly liable for the exconomic operator shall be liable for all its subcontractors, irrespecutionve of the contractlegal relationship between it and the undertakings concerned.
Amendment 818 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point c
Article 36 – paragraph 5 – subparagraph 1 – point c
c) fraud within the meaning of Article 1 of the Convention on the protection of the financial interests of the European Communities and fraud within the meaning of national law;
Amendment 828 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a judicial or administrative decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority or entity. or that it has been found guilty of repeated breaches of labour law. Repeated breaches of labour law shall be taken to mean at least five labour court judgments against the economic operator concerned.
Amendment 832 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – introductory part
Article 36 – paragraph 7 – subparagraph 1 – introductory part
Member States mayshall provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled:
Amendment 835 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – point a
Article 36 – paragraph 7 – subparagraph 1 – point a
(a) where it is aware of any other serious violations of provisions of European Union or of national law aimed at the protection of public interests compatible with the Treaty; these shall include, in particular, violations of social, labour and environmental law;
Amendment 843 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. AIf particularly relevant grounds exist, any candidate or, tenderer or subcontractor that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion. A particularly relevant ground shall be, for example, a judgment handed down many years previously.
Amendment 846 #
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Conditions for performance of contracts 1. The contracting authorities or entities shall apply additional social and environmental criteria for the provision of the works and services, which shall be indicated in the notice of the concession. 2. As regards the wages (including bonuses), working hours and other working conditions of the workers involved in performing the concession, the contracting authorities or entities shall lay down requirements which are no less favourable than the conditions which apply in the same area for the same work in the profession or industry concerned on the basis of: (a) a collective wage agreement or the outcome of another recognised negotiating procedure concluded by associations of workers and employers to which a substantial proportion of the workers and employers in the profession or industry concerned belong, or (b) an arbitration ruling (when national law makes provision for this), or (c) national law. If in the area in which the work is to be performed the relevant working conditions are not governed in one of the ways referred to above, the conditions to be granted by the contracting authorities and entities must guarantee the workers involved wages (including bonuses), working hours and other working conditions which are no less favourable than the conditions granted by employers who are in the nearest comparable area or belong to the same profession or industry as the party to the contract and who are in the same circumstances.
Amendment 853 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Where contracting authorities and contracting entities resort to a concession, the time limit for the submission of applications for the concession shall be not less than 5230 days from the date on which the concession notice was sent.
Amendment 855 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.
Amendment 861 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Concessions shalltracts should be awarded on the basis of objective criteria whichthat ensure compliance with the principles of transparency, non-discrimination and equal treatment and which ensure that tenders are assessed in conditions of effective competition permitting to identify an overall economic advantage for the contracting authority or the contracting entity.
Amendment 863 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
The award criteria shall be linked to the subject matter of the concession, and shall not confer an unrestricted freedom of choice on the contracting authority or the contracting entity.
Amendment 867 #
Proposal for a directive
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States mayshall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in compliance with paragraph 2. Those criteria may include, in addition to price or costs, any of the following criteria:
Amendment 868 #
Proposal for a directive
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character; social and employment policy criteria, for example measures to promote gender equality, the integration into the labour market of particularly disadvantaged groups, in particular young people and apprentices, the long-term unemployed, people with a migration background and people with disabilities, and the provision of guarantees by the tenderer, subcontractors and firms in the supply chain that workers will enjoy excellent working conditions.
Amendment 869 #
Proposal for a directive
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
(b) for service concessions and concessions involving the design of works, the organisation, qualification and experience of the staff assigned to performing the concession in question may be taken into consideration, with the consequence that, following the award of the concession, such staff may only be replaced with the consenand the right of the contracting authority or the contracting entity, which must verify to make thate replacements ensure equivalent organisation and quality; of the staff concerned contingent on its consent.
Amendment 871 #
Proposal for a directive
Article 39 – paragraph 4 – point c
Article 39 – paragraph 4 – point c
(c) after-sales service and technical assistance, delivery date and delivery period or period of completion; and quality criteria for users;
Amendment 872 #
Proposal for a directive
Article 39 – paragraph 4 – point d
Article 39 – paragraph 4 – point d
(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 14 of paragraph 1 of Article 2, to the extent that those criteria concern factors directly involvhe sustainability of the production process and the employment of fair trade criteria. (e) external costs, such as environmental costs generated inby these processes and characterise the specific process of production or provision of the requested works, supplies or services. long road journeys which must be made in order to provide the service and which can be reduced by the use of an environmentally-friendly mode of transport, such as rail.
Amendment 874 #
Proposal for a directive
Article 39 – paragraph 4 - point d a (new)
Article 39 – paragraph 4 - point d a (new)
(da) price and costs.
Amendment 888 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. In the concession documents, the cContracting authorityies or contracting entity may ask or may be required by a Member State to askies shall call on the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors.