100 Amendments of Andreas SCHWAB related to 2011/0438(COD)
Amendment 196 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) On the other hand, service contracts in the fields of civil protection, emergency response and everyday hazard prevention should be excluded from the scope of the Directive. These fields include, in particular, emergency rescue work, which forms part of everyday hazard prevention and should be defined as separate from ambulance services. In order to ensure successful civil protection and emergency response as part of everyday hazard prevention in the interests of the general public, it should be sufficient to apply the principles of primary law.
Amendment 199 #
Proposal for a directive
Recital 10
Recital 10
Amendment 203 #
Proposal for a directive
Recital 11
Recital 11
Amendment 218 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 219 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 262 #
Proposal for a directive
Recital 37
Recital 37
(37) 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, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into acchoose ‘the most economically advantageous tender’. In duly substantiated exceptional cases, in particular involving highly standardised products, count that in the latter caseracting authorities should be able to apply the lowest price or the lowest cost as the sole criterion, taking into account that they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 265 #
Proposal for a directive
Recital 38
Recital 38
(38) Where contracting authorities 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 these 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 authority 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.
Amendment 327 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
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 authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/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.
Amendment 393 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 411 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Arrangements for public service contracts Contracts which have as their object services listed in Annex XVI A shall be awarded in accordance with Articles 39 to 69. Contracts which have as their object services listed in Annex XVI B shall be subject solely to Article 40 and Article 48(1). Contracts which have as their object services listed both in Annex XVI A and in Annex XVI B shall be awarded in accordance with Articles 39 to 88 where the value of the services listed in Annex XVI A is greater than the value of the services listed in Annex XVI B. In other cases, contracts shall be awarded in accordance with Article 40 and Article 48(1).
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) 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 Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
Amendment 444 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a 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.
Amendment 463 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried outthe legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;
Amendment 478 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
Amendment 489 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 495 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
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.(Does not affect English version.)
Amendment 503 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 511 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities ofthe legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person areessentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;
Amendment 523 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
Amendment 529 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
Amendment 542 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
Amendment 549 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this includes subordinate ancillary services which are necessary in order to perform the services in the public interest;
Amendment 567 #
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
(d) the agreement does not essentially involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
Amendment 570 #
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved, unless this is a legal requirement in the relevant Member States.
Amendment 577 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 607 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. 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 48 and 53 of this Directive, the contracting authority 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.
Amendment 622 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, atby the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article1st 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. In relation to the public procurement of Works contracts, Member States shall furthermore encourage the systematic use of digital three-dimensional representations following the general timescales for the implementation of electronic procurement set out in the first and second sub paragraphs.
Amendment 653 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
Amendment 657 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
Amendment 658 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They mayshall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
Amendment 675 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 676 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 858 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 879 #
Proposal for a directive
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
When determining the applicable national law in accordance with point (a), contracting authorities mayshall choose the national provisions of any Member State in which at least one of the participating authorities is located.
Amendment 888 #
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
Amendment 976 #
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities may authorise tTenderers tomay submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication along with a basic proposal.
Amendment 982 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 992 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 1005 #
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 1007 #
Proposal for a directive
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 1015 #
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
Amendment 1019 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Not later than 148 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. 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.
Amendment 1020 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1 a (new)
Article 48 – paragraph 1 – subparagraph 1 a (new)
Not later than 48 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In the case of public contracts for services listed in Annex XVI 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 91.
Amendment 1027 #
Proposal for a directive
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The invitations referred to in paragraph 1 shall include a reference to the electronic address onat which the specifications or the descriptive document and any other supporting documents have been made directly available by electronic meanare accessible to tenderers. In addition, they shall include the information set out in Annex X.
Amendment 1048 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of 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 XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner and the violation has been established by a competent court as res judicata.
Amendment 1058 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
Amendment 1062 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority, whether deliberately or through negligence.
Amendment 1072 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractualmust prove that a final court judgment for deficient performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall bs been handed down against the economic operator or that the ecommunicated to the contnomic operactor in question, which shall be given the opportunity to object to the findings and to obtain judicial protectionhas issued a declaration of acknowledgement of deficient performance.
Amendment 1092 #
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
4. With regard to technical and professional ability, contracting authorities may require that economic operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality standard. Contracting authorities may conclude that economic operators will not perform the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract.
Amendment 1095 #
Proposal for a directive
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2a. An extension may be granted for the submission of declarations and proof requested by the contracting authority which were not provided by the deadline for submitting tenders.
Amendment 1101 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
Amendment 1104 #
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six monthsone year earlier.
Amendment 1123 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 1124 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:to the most economically advantageous tender.
Amendment 1128 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1129 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1135 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1137 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1145 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1146 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1152 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. 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. Those criteria shallmay 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 public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
Amendment 1179 #
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
Amendment 1186 #
Proposal for a directive
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
Amendment 1196 #
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1200 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
Amendment 1233 #
Proposal for a directive
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 1267 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
Amendment 1304 #
Proposal for a directive
Article 70
Article 70
Amendment 1328 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 1339 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.
Amendment 1376 #
Proposal for a directive
Article 72 – paragraph 7 – point a
Article 72 – paragraph 7 – point a
Amendment 1383 #
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure pursuant to 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 authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.
Amendment 1390 #
Proposal for a directive
Article 74
Article 74
Amendment 1398 #
Proposal for a directive
Article 75
Article 75
Amendment 1426 #
Proposal for a directive
Article 76
Article 76
Amendment 1445 #
Proposal for a directive
Title 3 a (new)
Title 3 a (new)
TITLE IIIa RULES ON PUBLIC WORKS CONCESSIONS [Further specific provisions will be added by means of compromise amendments at a later date]
Amendment 1446 #
Proposal for a directive
Title 3 b (new)
Title 3 b (new)
TITLE IIIb RULES ON PUBLIC SERVICES CONCESSIONS Article (...) Applicable rules The rules of this Directive on public works concessions also apply to services concessions.
Amendment 1466 #
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible forensure the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation.
Amendment 1474 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part
Article 84 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight bodycompetent authorities shall be responsible for the following tasks:
Amendment 1488 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Amendment 1490 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 1
Article 84 – paragraph 4 – subparagraph 1
4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight bodycompetent 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.
Amendment 1491 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 2
Article 84 – paragraph 4 – subparagraph 2
Amendment 1492 #
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 3
Article 84 – paragraph 4 – subparagraph 3
Amendment 1493 #
Proposal for a directive
Article 84 – paragraph 5
Article 84 – paragraph 5
5. The investigation and enforcement activities carried out by the oversight bodycompetent authorities to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty 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 pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty.
Amendment 1494 #
Proposal for a directive
Article 84 – paragraph 6
Article 84 – paragraph 6
Amendment 1500 #
Proposal for a directive
Article 84 – paragraph 7
Article 84 – paragraph 7
Amendment 1504 #
Proposal for a directive
Article 84 – paragraph 8
Article 84 – paragraph 8
8. A summary of all the activities carried out by the oversight bodycompetent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.
Amendment 1524 #
Proposal for a directive
Article 86
Article 86
Amendment 1561 #
Proposal for a directive
Annex 6 – section 8
Annex 6 – section 8
Amendment 1573 #
Proposal for a directive
Annex 13 – paragraph 1 – point a
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
Amendment 1574 #
Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
Amendment 1575 #
Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
Amendment 1576 #
Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1577 #
Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1578 #
Proposal for a directive
Annex 13 – paragraph 1 – point f
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 6 monthsone year.
Amendment 1584 #
Proposal for a directive
Annex 16
Annex 16
Amendment 1593 #
Proposal for a regulation
Annex 16 a (new)
Annex 16 a (new)
Annex XVIa Annex XVIa - Part A Services referred to in Article 6a Category Subject CPC CPV Reference N° N° 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 71235, 60160000-7, 60161000- land (3) 7321 4 60411000-2, and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to services 64228200-2 72318000- 7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, (a) Insurance services 814 From 66100000-1 to (b) Banking and 66720000-3 (4) investment services (4) 7 Computer and related 84 From 50310000-1 to services 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410- 4 8 Research and 85 From 73000000-2 to development 73436000-7 (except services (5) 73200000-4, 73210000- 7, 73220000-0 ) 9 Accounting, auditing 862 and From 79210000-9 to bookkeeping services 79223000-3 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 engineering services From 71000000-8 to and integrated 71900000-7 (except engineering services; 71550000- 8) and urban planning and 79994000-8 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 property to 70340000-6, and from management services 82206 90900000-6 to 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. (3) Except for rail transport services covered by category 18. (4) Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services. Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (5) Except 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. (6) Except arbitration and conciliation services Annex XVIa - Part B Services referred to in Article 6a Category Subject CPC CPV Reference N° N° 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 transport 63734000-3 (except 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 services 87304) 24 Education and 92 From 80100000-5 to vocational education 80660000-8 (except 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 sporting services 79995200-7, and from 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.