5 Amendments of Sirpa PIETIKÄINEN related to 2011/0437(COD)
Amendment 344 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Services of general economic interest (SGEI), as laid down in Article 14 and Article 106 TFEU, are often profit- making services, but they are primarily of universal interest and the Member States have therefore imposed special public service obligations on them. The SGEI are considered essential by the authorities, even though the market might not offer sufficient incentives to provide them. Fulfilling a public service requirement may involve special or exclusive rights and special funding arrangements. SGEI services are not and cannot be satisfactorily provided by the market under conditions such as price, objective quality characteristics, continuity and access to the service, consistent with the public interest, as defined by the Member State. This directive does not affect the competences of Member States to define a SGEI.
Amendment 396 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Principle of free administration by public authorities This Directive recognises the principle of free administration by contracting authorities and contracting entities in conformity with the Treaties. The latter will be free to decide how best to provide, organise and manage the execution of the work and the provision of the services for which they are responsible, in accordance with the legislative arrangements and the methods which they judge to be the most effective manner to ensure a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in public services.
Amendment 400 #
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'services concession' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or contracting entities entrusts the operation of a service for which they are responsible to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the service which is the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of the substantial economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market and encompassing both demand and availability risk. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation and according to the provisions of the contract, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 734 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The grantor and the economic operator shall respect obligations relating to social and employment protection and working conditions applying in the place where the concession is performed, as set out by collective agreements, national legislation and international labour law provisions. The grantor has the full freedom to specify in tender documents social and environmental criteria that go beyond these obligations. This includes compliance with ILO Convention No. 94, even where the Convention has not been implemented in national law.