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103 Amendments of Hans-Peter MAYER related to 2011/0437(COD)

Amendment 246 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen.deleted
2012/10/23
Committee: IMCO
Amendment 250 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Hans-Peter MAYER, Andreas SCHWAB, Anja WEISGERBER
Proposal for a directive
Recital 2
(2) 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. The award of works concessions is presently subject to basic rules of 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 while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
2012/10/23
Committee: IMCO
Amendment 261 #
Sabine VERHEYEN, Anja WEISGERBER, Birgit COLLIN-LANGEN, Hans-Peter MAYER
Proposal for a directive
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concerned.deleted
2012/10/23
Committee: IMCO
Amendment 267 #
Sabine VERHEYEN, Hans-Peter MAYER, Anja WEISGERBER, Birgit COLLIN-LANGEN
Proposal for a directive
Recital 5 a (new)
(5a) In keeping with the European Parliament resolutions of 14 January 2004, 10 March 2004 and 31 May 2006, the water sector should not be liberalised but should be modernised. It should therefore be excluded from the scope of this Directive.
2012/10/23
Committee: IMCO
Amendment 270 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
2012/10/23
Committee: IMCO
Amendment 276 #
Hans-Peter MAYER, Sabine VERHEYEN, Andreas SCHWAB, Birgit SCHNIEBER-JASTRAM, Anja WEISGERBER, Heide RÜHLE, Birgit COLLIN-LANGEN
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant, including penalties.
2012/10/23
Committee: IMCO
Amendment 277 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. This also applies to agreements opening up general and non- discriminatory access to the market to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas. Town planning contracts are also not concessions.
2012/10/23
Committee: IMCO
Amendment 280 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. Simple approvals or the right to use public goods or a public domain are not services concessions.
2012/10/23
Committee: IMCO
Amendment 285 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Recital 8
(8) Where sector specific regulation provides for a guarantee to the concessionaire on breaking even on investments and costs incurred for operating the contract, such contract should not qualify as a concession within the meaning of this Directive. A distinction should nevertheless be established with cases where the operating risk is limited from the outset. This does not prevent a concession from being accepted (see the case-law of the ECJ in case WAZV Gotha (C-206/08)).
2012/10/23
Committee: IMCO
Amendment 294 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Recital 10
(10) It has also proven necessary to clarify what should be understood as a single procurement, with the effect that the aggregate value of all concessions concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this Directive, and that the procurement should be advertised as a whole, possibly split into lots. The concept of single procurement encompasses all supplies, works and services needed to carry out a particular project. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked.deleted
2012/10/23
Committee: IMCO
Amendment 301 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Recital 11 a (new)
(11a) The entities covered by the Directive should not be identified on the basis of 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, that the rules governing the system of property ownership in Member States are not prejudiced.
2012/10/23
Committee: IMCO
Amendment 315 #
Andreas SCHWAB, Hans-Peter MAYER, Jorgo CHATZIMARKAKIS
Proposal for a directive
Recital 15 a (new)
(15a) 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.
2012/10/23
Committee: IMCO
Amendment 328 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Recital 20
(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted
2012/10/23
Committee: IMCO
Amendment 330 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Recital 20
(20) A review of so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) by the Commission has shown that it is not justified to restrict the full application of procurement law to a limited group of services. As a result, this Directive should apply to a number of services (such as catering and water distribution services), which both showed a potential for cross-border trade.deleted
2012/10/23
Committee: IMCO
Amendment 342 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should bare given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States 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 concessions, for example through the mere financing of such services or by granting licences or authorisations to or concluding agreements with all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and complies with the principles of transparency and non- discrimination. .
2012/10/23
Committee: IMCO
Amendment 376 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Recital 39
(39) In order to ensure adequate judicial protection of candidates and tenderers in the concession award procedures, as well as to make effective the enforcement of the rules of this Directive and of the Treaty principles, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors13 should also apply to services concessions and to works concessions awarded by both contracting authorities and contracting entities. Directives 89/665/EEC and 92/13/EEC should, therefore, be amended accordingly.deleted
2012/10/23
Committee: IMCO
Amendment 389 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. Exclusively the conditions laid down in this Directive shall apply to the procedures followed by contracting authorities or contracting entities as referred to in Article 1(1) when concluding concessions. The provisions of the directive on public procurement and the directive on the procurement procedures of entities operating in the water, energy, transport and postal services sectors shall not apply to concessions referred to in paragraph 1, even in a corresponding form.
2012/10/23
Committee: IMCO
Amendment 390 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive shall not apply where a contracting authority performs its public interest tasks with its own resources or in cooperation with other contracting authorities.
2012/10/23
Committee: IMCO
Amendment 415 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment. Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law shall be authorised to provide the service are not services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
2012/10/23
Committee: IMCO
Amendment 418 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
(7a) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law, regardless of their legal form, shall be authorised to provide the service shall not be considered services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
2012/10/23
Committee: IMCO
Amendment 419 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
(7b) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; approvals or the simple approval for the use of a public good or public domain are not services concessions within the meaning of this Directive.
2012/10/23
Committee: IMCO
Amendment 433 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
That economic risk may consist in either of the following: a) the risk related to the use of the works or the demand for the provision of the service; or b) the risk related to the availability of the infrastructure provided by the concessionaire or used for the provision of services to users.deleted
2012/10/23
Committee: IMCO
Amendment 437 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the operating risk. The concessionaire shall be deemed to assume the operating risk where 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. This shall also apply where the operating risk is limited from the outset.
2012/10/23
Committee: IMCO
Amendment 443 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 510 000 000:
2012/10/23
Committee: IMCO
Amendment 446 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 5 – paragraph 1 – point a
a) concessions concluded by contracting entities for the pursuit of one of the activities referred to in Annex III and relating to a network or geographically restricted area with at least 100 000 connected customers, or with at least 100 000 inhabitants;
2012/10/23
Committee: IMCO
Amendment 458 #
Andreas SCHWAB, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 2
2. The estimated value of a concession shall be calculated as the value of an entirety of works or services, even if purchased through different contracts, where the contracts are part of one single project. Indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked. Where the contracting authority or the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the concession.deleted
2012/10/23
Committee: IMCO
Amendment 460 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 3
3. The choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasons.deleted
2012/10/23
Committee: IMCO
Amendment 465 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works.deleted
2012/10/23
Committee: IMCO
Amendment 471 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 6
6. Where a proposed work or purchase of services may result in concessions being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots.deleted
2012/10/23
Committee: IMCO
Amendment 475 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 7
7. Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 5, this Directive shall apply to the awarding of each lot.deleted
2012/10/23
Committee: IMCO
Amendment 477 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 6 – paragraph 8
8. Contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 1 million. 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 or the proposed purchase of services has been divided.deleted
2012/10/23
Committee: IMCO
Amendment 484 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning networks infrastructure related to the activities set out in Annex III, if (a) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been graor (b) the services concession relates to an activity which, when this Directive entedrs in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructureto force, is the subject of a nationally regulated tariff laid down in law or regulation, or (c) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published law, regulation or administrative provision, or in respect of services to which regulated to the activities set out in annex III, non- discriminatory access is available when this Directive enters into force.
2012/10/23
Committee: IMCO
Amendment 501 #
Andreas SCHWAB, Birgit SCHNIEBER-JASTRAM, Hans-Peter MAYER, Jorgo CHATZIMARKAKIS
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
(a) the acquisition or rental, rental or leasing by the contracting authority or contracting entity, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; however financial service concessions awarded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;
2012/10/23
Committee: IMCO
Amendment 512 #
Anja WEISGERBER, Andreas SCHWAB, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 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 Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF) as well as operations to raise money or capital for the contracting authority;
2012/10/23
Committee: IMCO
Amendment 520 #
Anja WEISGERBER, Andreas SCHWAB, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, disaster prevention, emergency response and rescue and everyday hazard prevention services.
2012/10/23
Committee: IMCO
Amendment 525 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) drinking water production, distribution and supply services, sewage treatment and disposal services and the construction, maintenance and operation of the infrastructure used for those purposes.
2012/10/23
Committee: IMCO
Amendment 529 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) electricity, gas and heat supply services and the construction, maintenance and operation of the infrastructure used for those purposes.
2012/10/23
Committee: IMCO
Amendment 544 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in generalthat are the subject of service concessions for the preceding three years derives from the provision of services to undertakings with which it is affiliated;
2012/10/23
Committee: IMCO
Amendment 546 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to works in generalthat are the subject of service concessions for the preceding three years derives from the provision of works to undertakings with which it is affiliated.
2012/10/23
Committee: IMCO
Amendment 547 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities 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.
2012/10/23
Committee: IMCO
Amendment 564 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) such an authority or entity exercises over the legal person concerned a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
2012/10/23
Committee: IMCO
Amendment 572 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 980% of the activities of that legal person that are the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity; activities carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity also include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit;
2012/10/23
Committee: IMCO
Amendment 577 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) ) at least 80% of the average total turnover of the legal person that is the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;
2012/10/23
Committee: IMCO
Amendment 578 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 587 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
A contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 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.deleted
2012/10/23
Committee: IMCO
Amendment 593 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Hans-Peter MAYER, Andreas SCHWAB, Anja WEISGERBER
Proposal for a directive
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority or contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 awards a concession to its controlling entityunit(s), 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 concession.
2012/10/23
Committee: IMCO
Amendment 603 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
2012/10/23
Committee: IMCO
Amendment 612 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 9080 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity; activities carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit or is performed for other contracting authorities.
2012/10/23
Committee: IMCO
Amendment 616 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) 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;
2012/10/23
Committee: IMCO
Amendment 617 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person.deleted
2012/10/23
Committee: IMCO
Amendment 625 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 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 or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4; (b) those contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4 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.deleted
2012/10/23
Committee: IMCO
Amendment 628 #
Andreas SCHWAB, Hans-Peter MAYER, Jorgo CHATZIMARKAKIS
Proposal for a directive
Article 15 – 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 or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4;
2012/10/23
Committee: IMCO
Amendment 641 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligatis governed by considerations relating to the public interest; this principle shall also apply to ancillary services essential to the provisions of the partiservices in the public interest;
2012/10/23
Committee: IMCO
Amendment 642 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point a a (new)
(aa) the purpose of the partnership is the provision of a task in the public interest conferred on public authorities, or the performance of an ancillary purchasing activity within the meaning of Article 2(17) of the proposed Public Procurement Directive (COM(2011)896), which is necessary in order to perform the public service task in the public interest. A pooling of tasks shall also be considered to exist where a municipality is merely obliged to make payment, provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively;
2012/10/23
Committee: IMCO
Amendment 644 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest;deleted
2012/10/23
Committee: IMCO
Amendment 649 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point b a (new)
(ba) the task is carried out solely by the public authorities concerned without the involvement of active private capital;
2012/10/23
Committee: IMCO
Amendment 652 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point c
(c) the participating contracting authorities or entities shall 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;deleted
2012/10/23
Committee: IMCO
Amendment 659 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities or entities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/10/23
Committee: IMCO
Amendment 662 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involvdeleted.
2012/10/23
Committee: IMCO
Amendment 670 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement.deleted
2012/10/23
Committee: IMCO
Amendment 678 #
Andreas SCHWAB, Hans-Peter MAYER, Jorgo CHATZIMARKAKIS
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
TFollowing the entry into force of the Directive the exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessions need to be opened to competition through regular concession award procedures.
2012/10/23
Committee: IMCO
Amendment 721 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
1. Contracting authorities and contracting entities shall not establish specific conditions for participation of such groups in concession award procedures which are not imposed on individual candidates. In order to submit an application or a tender, these groups shall not be required by the contracting authorities or contracting entities to assume a specific legal form.deleted
2012/10/23
Committee: IMCO
Amendment 742 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point a
(a) where no tenders or no suitabdele tenders or no applications have been submitted in response to a concession procedure, provided that the initial conditions of the concession contract are not substantially altered and on condition that a report is sent to the Commission or to the national oversight body designated pursuant to Article 84 of Directive [replacing Directive 2004/18/EC] where they so request;d
2012/10/23
Committee: IMCO
Amendment 744 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point b
(b) where the works or services can be supplied only by a particular economic operator due to the absence of competition for technical reasons, the protection of patents, copyrights or other intellectual property rights or he protection of other exclusive rights and where 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 concession award;deleted
2012/10/23
Committee: IMCO
Amendment 747 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c
(c) for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities or contracting entities awarded an original concession subject to the obligation referred to in paragraph 1, provided that such works or services are in conformity with a basic project for which the original concession was awarded. The basic project shall mention the extent of possible additional works or services and the conditions under which they will be awarded.deleted
2012/10/23
Committee: IMCO
Amendment 752 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities or contracting entities when they apply the provisions of Article 5deleted
2012/10/23
Committee: IMCO
Amendment 763 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 28
Article 28 [...]deleted
2012/10/23
Committee: IMCO
Amendment 765 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 29
Article 29 Publication at national level 1. Notices referred to in Articles 26 and 27 and the information contained therein shall not be published at national level before the publication pursuant to Article 28. 2. Notices published at national level shall not contain information other than that contained in the notices dispatched to the Commission but shall indicate the date of dispatch of the notice to the Commission.deleted
2012/10/23
Committee: IMCO
Amendment 766 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 30
Article 30 Electronic availability of concession documents 1. Contracting authorities and contracting entities shall offer unrestricted and full direct access free of charge by electronic means to the concession documents from the date of publication of the notice in accordance with Article 28 or the date on which the invitation to submit tenders is sent. The text of the notice or of these invitations shall specify the internet address at which this documentation is accessible. 2. Provided that it has been requested in good time, the contracting authorities and contracting entities or competent departments shall supply additional information relating to the concession documents not later than six days before the deadline fixed for the receipt of tenders.deleted
2012/10/23
Committee: IMCO
Amendment 787 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 35 – paragraph 5
5. Where the concession award involves negotiation, contracting authorities or contracting entities shall comply with the following rules: a) where the negotiation takes place after the submission of tenders they shall negotiate with tenderers the tenders submitted by them in order to adapt them to the criteria and requirements indicated in accordance with paragraph 1. b) they shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the negotiations without its agreement. This agreement shall not take the form of a general waiver but must be given with reference to the intended communication of specific solutions or other confidential information; c) they may conduct the negotiation in successive stages in order to reduce the number of tenders to be negotiated by applying the award criteria in the contract notice, in the invitation to submit tenders or in the concession documents. In the contract notice, the invitation to submit tenders or the concession documents, the contracting authority shall indicate whether it has had recourse to this option. d) they shall assess the tenders as negotiated on the basis of the initially indicated award criteria; e) they shall establish a written record of formal deliberations and any other steps and events relevant for the concession award procedure. In particular, it shall ensure, by all appropriate means, the traceability of the negotiations.deleted
2012/10/23
Committee: IMCO
Amendment 788 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 35 – paragraph 7
7. On request from the party concerned, the contracting authority shall as quickly as possible, and in any case within 15 days from receipt of a written request, inform: a) any unsuccessful candidates of the reasons for the rejection of their application, b) any unsuccessful tenderers of the reasons for the rejection of their tender, including, for the cases referred to in Article 32 (5) and (6), the reasons for its decision of non-equivalence or its decision that the works, supplies or services do not meet the performance or functional requirements, c) any tenderers that have made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer or the parties to the framework agreement, d) any tenderers that have made an admissible tender of the conduct and progress of negotiations and dialogue with tenderers.deleted
2012/10/23
Committee: IMCO
Amendment 789 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 35 – paragraph 8
8. However, contracting authorities may decide to withhold certain information referred to in paragraph 6, regarding the contract where the release of such information 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.deleted
2012/10/23
Committee: IMCO
Amendment 805 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 2
2. With regard to the criteria referred to in paragraph 1, an economic operator may, where 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, 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 and those entities are jointly liable for the execution of the contract.deleted
2012/10/23
Committee: IMCO
Amendment 815 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point a
a) participation in a criminal organisation, as defined in Article 2(1) of Council Framework Decision 2008/841/JHA;deleted
2012/10/23
Committee: IMCO
Amendment 816 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point b
b) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and Article 2 of Council Framework Decision 2003/568/JHA as well as corruption as defined in the national law of the contracting authority or the economic operator;deleted
2012/10/23
Committee: IMCO
Amendment 817 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
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;deleted
2012/10/23
Committee: IMCO
Amendment 819 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point d
d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Framework Decision 2002/475/JHA respectively, or inciting, aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision;eleted
2012/10/23
Committee: IMCO
Amendment 820 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point e
e) money laundering, as defined in Article 1 of Council Directive 91/308/EEC.deleted
2012/10/23
Committee: IMCO
Amendment 823 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 2
The obligation to exclude a candidate or a tenderer from participation in a concession shall also apply where the conviction by final judgment has condemned company directors or any other any person having powers of representation, decision or control in respect of the candidate or tenderer.deleted
2012/10/23
Committee: IMCO
Amendment 862 #
Andreas SCHWAB, Hans-Peter MAYER, Jorgo CHATZIMARKAKIS
Proposal for a directive
Article 39 – paragraph 1
1. Concessions shall be awarded on the basis of objective criteria which ensure compliance with the principles of transparency, non-discrimination and, equal treatment and economic efficiency 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.
2012/10/23
Committee: IMCO
Amendment 865 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 39 – paragraph 4
4. Member States may provide that contracting authorities and contracting entites 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 a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character. 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 consent of the contracting authority or the contracting entity, which must verify that replacements ensure equivalent organisation and quality; c) after-sales service and technical assistance, delivery date and delivery period or period of completion; 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 involved in these processes and characterise the specific process of production or provision of the requested works, supplies or services.deleted
2012/10/23
Committee: IMCO
Amendment 883 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 40 – paragraph 3
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 39 paragraph (4). A list of such legislative and delegated acts is set out in Annex II. The Commission shall be empowered to adopt delegated acts in accordance with Article 46 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.deleted
2012/10/23
Committee: IMCO
Amendment 885 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER, Andreas SCHWAB
Proposal for a directive
Article 41
Article 41 Subcontracting 1. In the concession documents, the contracting authority or 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. 2. Paragraph 1 shall be without prejudice to the question of the principal economic operator’s liability.deleted
2012/10/23
Committee: IMCO
Amendment 894 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 42
Article 42 [...]deleted
2012/10/23
Committee: IMCO
Amendment 928 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 44
Article 44 [...]deleted
2012/10/23
Committee: IMCO
Amendment 932 #
Sabine VERHEYEN, Birgit COLLIN-LANGEN, Anja WEISGERBER, Hans-Peter MAYER
Proposal for a directive
Article 45
Article 45 [...]deleted
2012/10/23
Committee: IMCO
Amendment 938 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Article 49 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 20145 at the latest. Member States shall ensure that these provisions do not cover concessions awarded prior to that date. They shall forthwith communicate to the Commission the text of those provisions.
2012/10/23
Committee: IMCO
Amendment 942 #
Anja WEISGERBER, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Hans-Peter MAYER
Proposal for a directive
Annex 3 – paragraphs 2, 3 and 4
2. As far as gas and heat are concerned: (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; (b) the supply of gas or heat to such networks. The supply of gas or heat to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: (c) 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 this paragraph or in paragraphs 2 to 4 of this Annex; (d) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover on the basis of the average for the preceding three years, including the current year. 3. As far as electricity is concerned: (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 electricity; (b) the supply of electricity to such networks. For the purposes of this Directive, supply of electricity includes generation (production) and wholesale of electricity. The supply of electricity to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 2 and subparagraph 3 of Article 4 shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met: a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in this paragraph or in paragraphs 1, 3 and 4 of this Annex b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, on the basis of the average for the preceding three years, including the current year. 4. As far as water is concerned: (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 drinking water; (b) the supply of drinking water to such networks. This Directive shall also apply to concessions awarded or organised by entities which pursue an activity referred to above and which are connected with one of the following: (c) hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, or (d) the disposal or treatment of sewage. The supply of drinking water to networks which provide a service to the public by a contracting entity referred to in paragraph 1 subparagraph 1 and paragraph 2 of Article 4 shall not be considered a relevant activity within the meaning of subparagraph 1 where all of the following conditions are met: (e) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 to 4 of this Annex; (f) the supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, on the basis of the average for the preceding three years, including the current year.deleted
2012/10/23
Committee: IMCO
Amendment 954 #
Andreas SCHWAB, Birgit SCHNIEBER-JASTRAM, Hans-Peter MAYER
Proposal for a directive
Annex 3 – paragraph 1 – point 6
6. Activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilitiesgeneral infrastructure to carriers by air, sea or inland waterway.
2012/10/23
Committee: IMCO
Amendment 956 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 2
2. Type of contracting authority or contracting entity and main activity exercisdeleted.
2012/10/23
Committee: IMCO
Amendment 957 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 7
7. Estimated total value of concession(s); where the concession is divided into lots, this information shall be provided for each lot, together with detailed method of calculation of the estimated total value of the concession, in accordance with Art. 6deleted
2012/10/23
Committee: IMCO
Amendment 958 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 10 – point a
a) where appropriate, indication whether the concession is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes,deleted
2012/10/23
Committee: IMCO
Amendment 959 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 10 – point b
b) where appropriate, indication whether the provision of the service is reserved by law, regulation or administrative provision to a particular profession; reference to the relevant law, regulation or administrative provision,deleted
2012/10/23
Committee: IMCO
Amendment 960 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 15
15. Where appropriate, particular conditions to which performance of the concession is subject.deleted
2012/10/23
Committee: IMCO
Amendment 961 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 18
18. Where appropriate, indication of requirements and conditions related to the use of electronic means of communicationdeleted
2012/10/23
Committee: IMCO
Amendment 963 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 4 – point 19
19. Information whether the concession is related to a project and /or programme financed by European Union funds.deleted
2012/10/23
Committee: IMCO
Amendment 967 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 5 – point I – point 10
10. For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the successful tenderer(s) including a) information whether the successful tenderer is small and medium enterprise, b) information whether the concession was awarded to a consortium.deleted
2012/10/23
Committee: IMCO
Amendment 971 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 5 – point I – point 11
11. Value and main financial terms of the award, including fees and prices.deleted
2012/10/23
Committee: IMCO
Amendment 974 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 5 – point I – point 13
13. Information whether the concession is related to a project and /or programme financed by European Union funds.deleted
2012/10/23
Committee: IMCO
Amendment 976 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 5 – point I – point 17
17. Detailed method of calculation of the estimated total value of the concession, in accordance with Article 6.deleted
2012/10/23
Committee: IMCO
Amendment 979 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 6 – point 6
6. Value and main financial terms of the award, including fees and prices.deleted
2012/10/23
Committee: IMCO
Amendment 984 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 9 – point 2
2. Publication of complementary or additional information Contracting authorities and contracting entities shall publish the specifications and the additional documents in their entirety on the Internet.deleted
2012/10/23
Committee: IMCO
Amendment 985 #
Andreas SCHWAB, Hans-Peter MAYER
Proposal for a directive
Annex 9 – point 3
3. Format and procedures for sending notices electronically The format and procedure for sending notices electronically as established by the Commission are made accessible at the Internet address ‘http://simap.europa.eu’.deleted
2012/10/23
Committee: IMCO
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