Activities of Heide RÜHLE related to 2011/0437(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts PDF (1 MB) DOC (2 MB)
Amendments (224)
Amendment 2 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 7 #
Proposal for a directive
Recital 5
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 ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
Amendment 13 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 20 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this directive.
Amendment 21 #
Proposal for a directive
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2c. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
Amendment 22 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'services concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions 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 paymentexercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 24 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
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 substantial operating riskshall imply the transfer to the concessionaire of the economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, 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., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
Amendment 31 #
Proposal for a directive
Article 8 – paragraph 1
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, 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 granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III., where such concessions are:
Amendment 32 #
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
(a) awarded by a contracting authority or by a contracting entity to an economic operator on the basis of an exclusive right that the latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation,
Amendment 33 #
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
Amendment 34 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 39 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
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;
Amendment 42 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
Amendment 43 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of to the extent that they are governed by other Council.19mmunity instruments.
Amendment 44 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
Amendment 45 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management;
Amendment 46 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services;
Amendment 47 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
Amendment 240 #
Proposal for a directive
-
-
The European Parliament rejects the Commission proposal.
Amendment 244 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 245 #
Proposal for a directive
Recital 1
Recital 1
Amendment 249 #
Proposal for a directive
Recital 2
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.
Amendment 252 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive recognises and reaffirms the right of Member States to determine the means of organisation they judge to be most appropriate for performing the works and providing the services for which they are responsible. This Directive should not in any way affect the freedom of Member States or public authorities to decide on the direct provision ofperform works or provide services to the public or ton the outsourcing ofe such provision by delegating it to third parties. Member States orand public authorities shouldall remtain freethe right to define and specify the characteristics of the services to be provided, including any conditions regarding the quality or price of the services, in order to pursue their public policy objectives
Amendment 264 #
Proposal for a directive
Recital 5
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 ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and of 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
Amendment 273 #
Proposal for a directive
Recital 6
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 objectthrough which one or more contracting authorities or entities (herein after referred to as 'grantor') award the performance of works or the management of services for which they acquisition of works or services where the consideration consists, normally,re responsible to one or more economic operators, and where the consideration for this delegation consists either in the right to exploitecute and manage the works or provide the services thatwhich are the subject of the contract, or in that right together with payment. The execution of these works or services arshall be subject to specific binding obligations defined by the contracting authority or entitygrantor which are legally enforceable. By contrast, certain State acts, such as authorisations, permits or licences, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualifybe regarded as concessions. The same applies to certain agreements having as their object the right ofentitlement to offer social services or the right to conclude agreements by means of which the State or the contracting authority or entity grants an economic operator the right to exploit certain public domains or resources, such as landin rental or lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or serviceson single pieces of land, particularly in the area of maritime or inland port sector, or in rights of way, and which as a rule establishes only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 276 #
Proposal for a directive
Recital 6
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.
Amendment 282 #
Proposal for a directive
Recital 7
Recital 7
(7) Difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the Court of Justice of the European Union on this subject. Therefore, the definition of concession should be clarified, in particular by referring to the concept of substantial operating risk. The main feature of a concession, the right to exploit the works or services, always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions. The application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss, by guaranteeing a minimal revenue, equal or higher to the costs that the contractor has to incur in relation with the performance of the contract. At the same time it should be made clear that. However certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupment of the investments and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset.
Amendment 286 #
Proposal for a directive
Recital 8
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. However this has to be distinguished from those cases where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, in which cases such conditions do not preclude a qualification as a concession. Or. en (see ECJ ruling Case C-206/08)
Amendment 290 #
Proposal for a directive
Recital 9
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1) (1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas5 , Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity6 , Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service7 , Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons8 and Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/709 . The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under this Directivethese provisions only to the extent that they exercise one of the activities covered on the basis of such rights.
Amendment 295 #
Proposal for a directive
Recital 10
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 allThis directive should only apply to 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 servicestracts above a certain threshold. Consequently, the method of calculating the estimated value of a concession neededs 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 interlinkbe defined, and should be identical for works and service concessions, as most contracts are mixed.
Amendment 297 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered toEntities covered by this directive should be identified on a basis other than 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.
Amendment 304 #
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law, regulation or administrative act and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III, since such exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in article 8 (1)concerning the management of network infrastructure relating to the activities set out in Annex III should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
Amendment 309 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 312 #
Proposal for a directive
Recital 14
Recital 14
Amendment 317 #
Proposal for a directive
Recital 17
Recital 17
(17) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules. The relevant case-law of the Court of Justice of the European Union is interpreted differently between Member States and even between contracting authorities or certain contracting entities. It is therefore necessary to clarify in what casesis Directive is based on the relevant case-law of the Court of Justice of the European Union It clarifies in line with this case-law under which conditions the award of concessions concluded between suchpublic authorities areis not subject to the application of public concession award rulesscope of this Directive. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under Art. 4 (1) (1) does not as such rule out the application of concession award rules. However, the application of concession award rules shouldmust not interfere with the freedomright of public authorities to decide how to organise the way they carry out their public service tasks. CThe award of concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this Directive are fulfilled. This Directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionis Directive if the conditions are fulfilled.
Amendment 320 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authoritiesthreshold, the award of such contracts should be preceded by the compulsory publication of a concession notice in the Official Journal of the European Union. The thresholds should reflect the clear cross-border interest of concessions to economic operators located in other Member States. To calculate the value of a services concession, account must be taken of the estimated value of all services to be provided by the concessionaire from the point of view of a potential tenderer.
Amendment 321 #
Proposal for a directive
Recital 19
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception shoulclearly defined areas and be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly or where the subject of the concession concerns specific services with a minimal cross- border impact.
Amendment 327 #
Proposal for a directive
Recital 20
Recital 20
Amendment 334 #
Proposal for a directive
Recital 21
Recital 21
(21) In the light of the results of the evaluation conducted by the Commission on the reform of public procurement rules it is appropriate to exclude from the full application of this Directive only those services which have a limited cross-border dimension, namely the so-called services to the person such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specificlighter regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated. An obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this Directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties. Furthermore, Member States . An obligation to publish a concession award notice of the award of those concessions which are above the threshould put in place appropriate measures with reference to the award of concession contracts for these services aimed atis an adequate way to ensuringe compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question. Member States should ensure that contracting authorities and contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 341 #
Proposal for a directive
Recital 22
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should be giall haven 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 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 compliances with the principles of transparency and non- discrimination.
Amendment 347 #
Proposal for a directive
Recital 24
Recital 24
Amendment 350 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure transparency and equal treatment, criteria for the award of concessions should always comply with some general standards. These should be disclosed in advance to all potential tenderers, be relatlinked to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice. They should ensure the possibility of effective competition and be accompanied by minimum requirements that allow the information provided by the tenderers to be effectively verified. In order to comply with these standards while improving legal certainty, Member States may provide for the use of the criterion of the most economically advantageous tender.
Amendment 354 #
Proposal for a directive
Recital 26
Recital 26
Amendment 355 #
Proposal for a directive
Recital 28
Recital 28
Amendment 357 #
Proposal for a directive
Recital 29
Recital 29
Amendment 360 #
Proposal for a directive
Recital 30
Recital 30
Amendment 361 #
Proposal for a directive
Recital 31
Recital 31
Amendment 371 #
Proposal for a directive
Recital 36
Recital 36
(36) In line with the principles of equal treatment and transparency, the successful tenderer should not be replaced by another economic operator without reopening the concession to competition. However, the successful tenderer performing the concession may undergo certain structural changes during the performance of the concession, such as purely internal reorganisations, mergers and acquisitions or insolvency or be substituted on the basis of a contractual clause known to all tenderers and in line with the principles of equal treatment and transparency. Such structural changes should not automatically require new award procedures for all concessions performed by that undertaking.
Amendment 375 #
Proposal for a directive
Recital 39
Recital 39
Amendment 378 #
Proposal for a directive
Recital 41
Recital 41
Amendment 380 #
Proposal for a directive
Rule 1
Rule 1
1. This Directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect to concessions whose value is estimated to be not less than the thresholds laid down in Article 5. 2. This Directive applies to the acquisition of works or services, including supplies which are incidental to the subject matter of a concession, from economic operators chosen by either, by one of the following actors: a) Contracting authorities whether or not the works or services including the related supplies, are intended for a public purpose; b) Contracting entities provided that the works or services including the related supplies, are intended for the pursuit of one of the activities referred to in Annex III.
Amendment 387 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this Directive.
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
Amendment 402 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a ‘public 'works concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of worky means of which one or more contracting authorities or entities entrusts the execution of works to one or more economic operators, where the consideration for the the works to be carried outis delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.
Amendment 409 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 412 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘execution of works’ means the execution, or both the design and execution, of works related to one of the activities referred to in Annex I or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authoritygrantor exercising a decisive influence on the type or design of the work.
Amendment 414 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'services concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions 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. exercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘'concession documents’' means all documents produced or referred to by the contracting authority or contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the technical specifications, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documentsconcession contract.
Amendment 427 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall impliy the transfer to the concessionaire of the substantial operating riskeconomic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, 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., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
Amendment 432 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 438 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 440 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 3
Article 4 – paragraph 3 – subparagraph 3
Amendment 441 #
Proposal for a directive
Rule 5
Rule 5
Amendment 451 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 452 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 456 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. This Directive shall apply to the concessions the value of which is equal to or greater than EUR 8 000 000
Amendment 457 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 459 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. For the purposes of assessing the threshold, the estimated value of the concession shall be equal to the cumulative estimated revenue, excluding tax, over the time of the contract. The method for calculating the estimated value of a concession shall be specified in the concession documents.
Amendment 461 #
Proposal for a directive
Article 6 – paragraph 3
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.
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 463 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 469 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 473 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 476 #
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 478 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 480 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 483 #
Proposal for a directive
Article 8 – paragraph 1
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, 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 granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III., where such concessions are:
Amendment 491 #
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
Amendment 492 #
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
Amendment 493 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 494 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
Article 8 – paragraph 3 – subparagraph 1 – introductory part
This Directive shall not apply to concessions which the contracting authority or a contracting entity is obliged to award or organise in accordance with procedurement procedures for the award of services concessions contracts set out in:
Amendment 495 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatory States;
Amendment 496 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 497 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Amendment 500 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
Article 8 – paragraph 5 – subparagraph 1 – point a
(a) the acquisition or, rental or lease , 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;
Amendment 503 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
Article 8 – paragraph 5 – subparagraph 1 – point b
(b) the acquisition, development, production or co-production of programme material intended for broadcasting, defined as transmission and distribution using any form of electronic network, that are awarded by broadcasterand related preparatory services intended for media services, nor to concessioncontracts for broadcasting time, that are awarded to broadcastersor distribution and transmission;
Amendment 511 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
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;
Amendment 515 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
Amendment 517 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of the Council.19to the extent that they are governed by other Union instruments.
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
Amendment 524 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management.
Amendment 528 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services
Amendment 530 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
Amendment 531 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 537 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 538 #
Proposal for a directive
Article 10
Article 10
Amendment 543 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to services in general for the preceding three years subject of the service concession contract derives from the provision of services to undertakings with which it is affiliated;
Amendment 545 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to works in general for the preceding three years subject of the works concession contract derives from the provision of works to undertakings with which it is affiliated.
Amendment 548 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 549 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Article 15 notwithstanding, and provided that the joint venture or formal cooperation has been set up in order to carry out the activity concerned over a period of at least threone years and that the instrument setting up the joint venture or the formal cooperation stipulates that the contracting or cooperating entities, which form it, will be part thereof for at least the same period, this Directive shall not apply to concessions awarded by any of the following:
Amendment 550 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) by a joint venture or a formal cooperation, formed exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Annex III, to one of these contracting entities, or
Amendment 552 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) by a contractingn entity to such a joint venture or formal cooperation of which it forms part. .
Amendment 555 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
Contracting entities shall notify to the Commission or the national oversight bodycompetent national authorities, at their request, the following information regarding the application of paragraphs 2 and 3 of Article 11 and of Article 12.
Amendment 557 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 561 #
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 563 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
a) such an authority or entity exercises over the legal person concerned a control which is similarequivalent to that which it exercises over its own departments
Amendment 568 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
b) at least 9080 % of the activities of that legal person which 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
Amendment 580 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
Article 15 – paragraph 1 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person with the exception of legally enforced forms of private participation.
Amendment 586 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 592 #
Proposal for a directive
Article 15 – paragraph 2
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 entity, or to another legal person controlled by the same contracting authority or contracting entity, provided that there is no private participation in the legal person being awarded the public concession, with the exception of legally enforced forms of private participation.
Amendment 602 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
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 similarequivalent to that which it exercises over its own departments.
Amendment 608 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
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 concession 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;
Amendment 619 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person with the exception of legally enforced forms of private participation.
Amendment 624 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 634 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 645 #
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest, this may include as well the provision of an ancillary task necessary to perform the respective service;
Amendment 650 #
Proposal for a directive
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
Amendment 657 #
Proposal for a directive
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 663 #
Proposal for a directive
Article 15 – paragraph 4 – point e
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involved with the exception of legally enforced forms of private participation.
Amendment 669 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
Amendment 673 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 680 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
The duration of the concessions shall be limited to the time estimated to be necessary for. The grantor shall estimate the duration on the basis of the works or services requested. When the cost of investments must be met by the concessionaire, to recoup the investments made in operating the works or services together with a reasonable return on invested capitalhe duration of a concession shall reflect the nature and amount of the investments involved, both initial and further investments during the life of the concession, and should take into consideration the normal amortisation period.
Amendment 688 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Concessions for social and other specific services listed in Annex X falling within the scope of this Directive shall be subject only to the obligation of paragraph 3 of Art. 26 and of paragraph 1 of Article 27.
Amendment 691 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 692 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 693 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 698 #
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 700 #
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
Amendment 704 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 705 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 707 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 708 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States may reserve the right to participate in concession award procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such concessions to be performed in the context of sheltered employment programmes provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled or/and disadvantaged workerspersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities. The concession notice shall make reference to this provision.
Amendment 710 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 711 #
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. This Directive shall apply to service concessions for research and development services with CPV reference numbers 73000000-2 to 73436000-7, except 73200000-4, 73210000-7 or 73220000-0, provided that the following conditions are both fulfilled:.
Amendment 712 #
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Amendment 713 #
Proposal for a directive
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
Amendment 714 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 720 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Amendment 727 #
Proposal for a directive
Article 25
Article 25
Amendment 733 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Concession notices shall contain the information referred to in part of Annex IV and, where appropriate, any other information deemed useful by the contracting authority or entity, in accordance with the format of standard forms.
Amendment 735 #
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 737 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 738 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
Amendment 751 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Amendment 753 #
Proposal for a directive
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 760 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 761 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 762 #
Proposal for a directive
Article 28
Article 28
Amendment 764 #
Proposal for a directive
Article 29
Article 29
Amendment 769 #
Proposal for a directive
Article 31
Article 31
Amendment 770 #
Proposal for a directive
Article 32
Article 32
Amendment 783 #
Proposal for a directive
Article 33
Article 33
Amendment 784 #
Proposal for a directive
Article 34
Article 34
Amendment 786 #
Proposal for a directive
Article 35
Article 35
Amendment 793 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice the conditions for participation relating to: verify the conditions for participation relating to the professional and technical ability, the financial standing of the candidates or tenderers and the reference or references to be submitted as proof in accordance with the requirements specified in the concession notice. Those conditions shall be linked to the subject-matter of the contract non-discriminatory and may be accompanied by minimum requirements wherever necessary.
Amendment 795 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 1 – point a
Amendment 796 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point b
Article 36 – paragraph 1 – subparagraph 1 – point b
Amendment 797 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point c
Article 36 – paragraph 1 – subparagraph 1 – point c
Amendment 798 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Amendment 801 #
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
Amendment 806 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. With regard to the criteria referred toTo meet the conditions for participating laid down 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.
Amendment 808 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 811 #
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 1
Article 36 – paragraph 4 – subparagraph 1
Amendment 812 #
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 2
Article 36 – paragraph 4 – subparagraph 2
Amendment 813 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
Amendment 822 #
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
Amendment 824 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
Amendment 831 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1
Article 36 – paragraph 7 – subparagraph 1
Amendment 840 #
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
Amendment 841 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
Amendment 845 #
Proposal for a directive
Article 36 – paragraph 9
Article 36 – paragraph 9
Amendment 848 #
Proposal for a directive
Article 37
Article 37
Amendment 851 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Where contracting authorities and contracting entities resort to a concession, the time limit for the submission of applications for the concession shall be not less than 5230 days from the date on which the concession notice was sent.
Amendment 854 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.
Amendment 860 #
Proposal for a directive
Article 39
Article 39
Amendment 876 #
Proposal for a directive
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include social and environmental costs such as the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 877 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the concession award documents the methodology used for the calculation of the life-cycle costs. The methodology useddata to be provided by the tenderers and the method which the contracting authority or entity will use to determine the life-cycle costs. The method used for the assessment of those life-cycle costs must fulfil all of the following conditions:
Amendment 878 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point a
Article 40 – paragraph 2 – subparagraph 1 – point a
(a) It has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 879 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point b
Article 40 – paragraph 2 – subparagraph 1 – point b
Amendment 880 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point c
Article 40 – paragraph 2 – subparagraph 1 – point c
(c) It is accessible to all interested partthe data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
Amendment 881 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
Contracting authorities and contracting entities shall allow economic operators to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority or contracting entity. However in order not to discriminate those tenderers who invest time and money to comply with the methodology indicated by the contracting authority, contracting authorities may ask for a third party certified document as proof for the fulfilment of the equivalence.
Amendment 882 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 884 #
Proposal for a directive
Article 41
Article 41
Amendment 896 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 899 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 905 #
Proposal for a directive
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 907 #
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 912 #
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 915 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – introductory part
Article 42 – paragraph 6 – subparagraph 1 – introductory part
Amendment 917 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point a
Article 42 – paragraph 6 – subparagraph 1 – point a
(da) the need for modification has been brought about by circumstances which a diligent contracting authority or entityin particular of a technical and/or financial nature which a diligent grantor could not foresee,
Amendment 918 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point b
Article 42 – paragraph 6 – subparagraph 1 – point b
Amendment 921 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point f
Article 42 – paragraph 6 – subparagraph 1 – point f
(f) in case of concessions awarded by contracting authorities where any increase in price is notor the value of the intended modification is higher than 50% of the updated initial value of the original concession.
Amendment 922 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 2
Article 42 – paragraph 6 – subparagraph 2
Amendment 923 #
Proposal for a directive
Article 42 – paragraph 7
Article 42 – paragraph 7
Amendment 927 #
Proposal for a directive
Title 5
Title 5
Amendment 935 #
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52power to adopt delegated acts referred to in Article 23 (2) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of the present Directive].
Amendment 936 #
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52 (2),23 (2) may be revoked at any time by the European Parliament or by the Council. AThe revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 937 #
Proposal for a directive
Article 49 – paragraph 1 – subparagraph 1
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 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions. This Directive shall not affect the award of concessions contracts which have been awarded before [...]1 at the latest. __________________ 1 date of transposition deadline
Amendment 943 #
Proposal for a directive
Annex 3 – paragraph 1 – point 1
Annex 3 – paragraph 1 – point 1
Amendment 944 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2
Annex 3 – paragraph 1 – point 2
Amendment 946 #
Proposal for a directive
Annex 3 – paragraph 1 – point 3
Annex 3 – paragraph 1 – point 3
Amendment 949 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – introductory part
Annex 3 – paragraph 1 – point 4 – introductory part
4. Activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable to the extent that they are not governed by other Community instruments.
Amendment 951 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – paragraph 1
Annex 3 – paragraph 1 – point 4 – paragraph 1
Amendment 964 #
Proposal for a directive
Annex 5 – point I – point 5
Annex 5 – point I – point 5
5. Description of the procurementcontract : nature and extent of works, nature and quantity or value of supplies, nature and extent of services. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options.
Amendment 965 #
Proposal for a directive
Annex 5 – point I – point 7
Annex 5 – point I – point 7
Amendment 966 #
Proposal for a directive
Annex 5 – point I – point 9
Annex 5 – point I – point 9
Amendment 968 #
Proposal for a directive
Annex 5 – point I – point 10 – introductory part
Annex 5 – point I – point 10 – introductory part
10. For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the successful tenderer(s) including.
Amendment 969 #
Proposal for a directive
Annex 5 – point I – point 10 – point a
Annex 5 – point I – point 10 – point a
Amendment 970 #
Proposal for a directive
Annex 5 – point I – point 10 – point b
Annex 5 – point I – point 10 – point b
Amendment 972 #
Proposal for a directive
Annex 5 – point I – point 11
Annex 5 – point I – point 11
11. Value and main financial terms of the awarded concession, including fees and prices.
Amendment 973 #
Proposal for a directive
Annex 5 – point I – point 12
Annex 5 – point I – point 12
Amendment 975 #
Proposal for a directive
Annex 5 – point I – point 14
Annex 5 – point I – point 14
14. Name and address of the oversight body and the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and email address of the service from which this information may be obtained.
Amendment 977 #
Proposal for a directive
Annex 5 – point I – point 17
Annex 5 – point I – point 17
17. Detailed mMethod of calculation of the estimated total value of the concession, in accordance with Article 6.
Amendment 978 #
Proposal for a directive
Annex 5 – point II
Annex 5 – point II
Amendment 980 #
Proposal for a directive
Annex 7
Annex 7
Amendment 981 #
Proposal for a directive
Annex 8
Annex 8
Amendment 982 #
Proposal for a directive
Annex 9 – point 1 – paragraph 1 – indent 2
Annex 9 – point 1 – paragraph 1 – indent 2
The Publications Office of the European Union will give the contracting authority or entity the confirmation referred to in Article 28 (52).
Amendment 983 #
Proposal for a directive
Annex 9 – point 2
Annex 9 – point 2
Amendment 986 #
Proposal for a directive
Annex 10
Annex 10
Amendment 987 #
Proposal for a directive
Annex 10 a (new)
Annex 10 a (new)
Amendment 988 #
Proposal for a directive
Annex 11
Annex 11
Amendment 989 #
Proposal for a directive
Annex 12
Annex 12
Amendment 990 #
Proposal for a directive
Annex 13
Annex 13