15 Amendments of Dieter-Lebrecht KOCH related to 2013/0028(COD)
Amendment 70 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important means of counteracting distortion of competition; this principle should apply to undertakings from third countries that wish to participate in procurement procedures in the Union.
Amendment 96 #
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatory competitive tendering for public service contracts requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are therefore necessary for contracts directly awarded between the date of entry into force of this Regulation and 3 December 2019.
Amendment 97 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) It must still be possible to employ direct award procedures, for example in cases where the specific characteristics of the contract in question are likely to deter a sufficient number of bidders from taking part.
Amendment 126 #
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No 1370/2007
Article 2 – point c
Article 2 – point c
(c) "competent local authority" means any competent authority whose geographical area of competence idoes not national andcomprise the whole territory of a Member State or which covers the transport needs of a region, an urban agglomeration or a rural district, including at cross-border level;
Amendment 138 #
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 1370/2007
Article 2 – point e
Article 2 – point e
(e) The scope of public service obligations shall exinclude all public transport services that go beyond of what is necessary to reapwhich create local, regional or sub- national network effects; such network effects may arise from the merger of profitable with unprofitable routes.
Amendment 161 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
basic requirements to be fulfilled by public transport offer such as accessibility for persons with disabilities, territorial connectivity, security, modal and intermodal interconnections at main connecting hubs, offer characteristics such as times of operation, frequency of services and minimum degree of capacity utilisation;
Amendment 184 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point e a (new)
Article 2 a (new) – paragraph 1 – subparagraph 1 – point e a (new)
(ea) the requirements of social and territorial cohesion;
Amendment 191 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
Article 2 a (new) – paragraph 1 – subparagraph 2
In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights, social, employment and environmental protection. The public transport plans shall be submitted to the regulatory body for its opinion one month before their publication. The competent authorities shall work together to coordinate the information in their respective transport plans and shall set up common transport plans for regional cross-border services;
Amendment 196 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 3
Article 2 a (new) – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least transport operators, infrastructure managers if appropriate, and representative passenger and employee organisations. The existing public service providers shall be required, on request, to provide the competent authorities, including those of a neighbouring state, with the necessary information within one month.
Amendment 276 #
Proposal for a regulation
Article 1 – point 3 – point d
Article 1 – point 3 – point d
Regulation (EC) No 1370/2007
Article 4 – paragraph 8 (new)
Article 4 – paragraph 8 (new)
Competent authorities shall make available to all interested parties relevant information for the preparation of an offer under a competitive tender procedure. Infrastructure operators, in particular rail operators, who perform or have performed a public service contract, shall assist the competent authorities in providing all the relevant information. They shall be liable for the accuracy of the data provided to the competent authority in compliance with the principle of business confidentiality. This shall include information on passenger demand, fares, costs and revenues related to the public passenger transport covered by the tender and details of the infrastructure specifications relevant for the operation of the required vehicles or rolling stock to enable them to draft well informed business plans. Rail infrastructure managers shall support competent authorities in providing all relevant infrastructure specifications. Non- compliance with the provisions set out above shall be subject to the legal review provided for in Article 5(7)." The current operator of a route or network covered by a tender awarded under a competitive tender procedure shall provide the competent authority free of charge with full and precise information for the preparation of an offer, particularly concerning transport demand and revenue earned from passenger transport. The former rail operator and the infrastructure operator shall compensate the other operators for any loss the latter incur as a result of submitting tenders based on inaccurate or incomplete information.
Amendment 288 #
Proposal for a regulation
Article 1 – point 4 – point -a b (new)
Article 1 – point 4 – point -a b (new)
Regulation (EC) No 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(-ac) The following paragraph 3a is added: The competent authority may exclude operators from third countries from the competitive tender procedure if such countries make no provision for competitive tendering for companies from the Member States of the Union.
Amendment 297 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 320 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
In the case of a public service contract directly awarded to a small or medium- sized enterprise operating not more than 2350 road vehicles, these thresholds may be increased to either an average annual value estimated at less than EUR 2 000 000 or to an annual provision of less than 600 000 kilometres of public passenger transport services.
Amendment 340 #
Proposal for a regulation
Article 1 – point 4 – point b a (new)
Article 1 – point 4 – point b a (new)
Regulation (EC) No 1370/2007
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
The following paragraph 6a is inserted: If the competent authority awards a public transport service contract directly, it shall publish at least nine months prior to the start of the contract a statement explaining how this award method guarantees enforceability, efficiency and quality. This statement shall also be forwarded to the independent national regulator, for information.
Amendment 411 #
Proposal for a regulation
Article 1 point 8 – point c Regulation (EC) No. 1370/2007
Article 1 point 8 – point c Regulation (EC) No. 1370/2007
Article 8 – paragraph 3