Activities of Edvard KOŽUŠNÍK
Plenary speeches (84)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Reducing the consumption of lightweight plastic carrier bags (debate)
Common European sales law (debate)
Promoting free movement by simplifying the acceptance of certain public documents (A7-0017/2014 - Bernhard Rapkay)
Erasmus for all programme (A7-0405/2012 - Doris Pack)
Misleading advertisement practices (A7-0311/2013 - Cornelis de Jong)
Manufacture, presentation and sale of tobacco and related products (A7-0276/2013 - Linda McAvan)
Internal market for services (A7-0273/2013 - Anna Maria Corazza Bildt)
Connected TV (A7-0212/2013 - Petra Kammerevert)
Statute for a European Foundation (A7-0223/2013 - Evelyn Regner)
A new agenda for European consumer policy (A7-0163/2013 - Vicente Miguel Garcés Ramón)
Draft protocol on the application of the Charter of fundamental rights of the European Union to the Czech Republic (consultation) (A7-0174/2013 - Andrew Duff)
Statute for a European mutual society (A7-0018/2013 - Luigi Berlinguer)
Online consumer dispute resolution (A7-0236/2012 - Róża Gräfin von Thun und Hohenstein)
Corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth (A7-0017/2013 - Raffaele Baldassarre)
Administrative procedure law (A7-0369/2012 - Luigi Berlinguer)
Annual report on human rights and democracy in the world 2011 and the European Union's policy on the matter - EU's human rights strategy (debate)
Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
EU-Central America association agreement (debate)
Explanations of vote
18th report on better legislation - Application of the principles of subsidiarity and proportionality (2010) (debate)
European standardisation (debate)
Explanations of vote
Explanations of vote
Roaming on public mobile communications networks within the Union (debate)
Common consolidated corporate tax base (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Single market forum (debate)
Explanations of vote
Explanations of vote
Implementation of Professional Qualifications Directive (debate)
Parliament's position on the 2012 draft budget as modified by the Council - Mobilisation of the flexibility instrument (debate)
Modernisation of public procurement (debate)
The future of VAT (debate)
Explanations of vote
Annual report on monitoring the application of EU law (2009) - Better legislation, subsidiarity and proportionality and smart regulation - Public access to documents 2009-2010 (debate)
Modification of the Act concerning the election of the Members of the European Parliament (debate)
Explanations of vote
Explanations of vote
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EU-Russia summit (debate)
Innovation Union: transforming Europe for a post-crisis world (debate)
Explanations of vote
Governance and partnership in the Single Market - Single market for Europeans - Single market for enterprises and growth - Public procurement (continuation of debate)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Consumer rights (debate)
Explanations of vote
Implementation of the Services Directive (debate)
Enhanced cooperation in the area of the creation of unitary patent protection (debate)
Situation in Belarus
Explanations of vote
Explanations of vote
Explanations of vote
Repeal of directives regarding metrology (debate)
Explanations of vote
Single Market Act (debate)
Explanations of vote
Combating late payment in commercial transactions (debate)
Future of European standardisation (short presentation)
Explanations of vote
Explanations of vote
Explanations of vote
Better lawmaking
Explanations of vote
Explanations of vote
Conclusions of the European Council meeting (17 June 2010) (debate)
Electric cars (debate)
The EU strategy for relations with Latin America (debate)
Cuba (debate)
Internal Market Scoreboard - Consumer protection - SOLVIT (debate)
Anti-Counterfeiting Trade Agreement (ACTA) (debate)
2009 progress report on Croatia - 2009 progress report on the Former Yugoslav Republic of Macedonia - 2009 progress report on Turkey (debate)
Recent earthquake in Haiti (debate)
Political situation in Honduras with a view to the elections on 29 November 2009 (debate)
Reports (1)
REPORT on the future of European standardisation PDF (282 KB) DOC (190 KB)
Shadow reports (7)
REPORT on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors PDF (1 MB) DOC (2 MB)
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)
REPORT on the proposal for a directive of the European Parliament and of the Council on public procurement PDF (2 MB) DOC (3 MB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and of the Council PDF (617 KB) DOC (969 KB)
REPORT on a Single Market for Enterprises and Growth PDF (352 KB) DOC (245 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (recast) PDF (458 KB) DOC (662 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology PDF (185 KB) DOC (219 KB)
Opinions (2)
OPINION on the Annual Report on Human Rights and Democracy in the World 2011 and the European Union’s policy on the matter
OPINION on Parliament’s position on the 2012 Draft Budget as modified by the Council – All sections
Shadow opinions (16)
OPINION on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features
OPINION on eHealth Action Plan 2012-2020 - Innovative healthcare for the 21st century
OPINION on Budget 2013: Section III (Commission)
OPINION on the proposal for a Council regulation on laying down the multiannual financial framework for the years 2014-2020
OPINION on 2010 discharge: EU general budget, Section III, Commission
OPINION on the proposal for a regulation of the European Parliament and of the Council on food intended for infants and young children and on food for special medical purposes
OPINION Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The European eGovernment Action Plan 2011-2015 - harnessing ICT to promote smart, sustainable and innovative Government
OPINION on the future of VAT
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing technical requirements for credit transfers and direct debits in euros and amending Regulation (EC) No 924/2009
OPINION on the twenty-seventh annual report on monitoring the application of EU law (2009)
OPINION on better legislation, subsidiarity and proportionality and smart regulation
OPINION on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme
OPINION on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section III - Commission and executive agencies
OPINION Report from the Commission : 26th annual report on monitoring the application of European Union Law (2008)
OPINION Proposal for a regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
OPINION on the Internet of Things
Amendments (345)
Amendment 87 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
k) 'fees' means the charges, if any, payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account; penalties and charges for the violation of contractual obligations shall not be considered to be fees;
Amendment 92 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 210 payment services accounting for at least 860% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 102 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with an electronic statement of all fees incurred on their payment account at least annually.
Amendment 118 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 139 #
2013/0139(COD)
Proposal for a directive
Article 15
Article 15
Amendment 141 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 152 #
2013/0139(COD)
Proposal for a directive
Article 16
Article 16
Amendment 154 #
2013/0139(COD)
Proposal for a directive
Article 17
Article 17
Amendment 157 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee.
Amendment 159 #
2013/0139(COD)
Proposal for a directive
Article 18
Article 18
Amendment 163 #
2013/0139(COD)
Proposal for a directive
Article 19
Article 19
Amendment 5 #
2011/2286(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that economic and technological advances in some Latin American countries make it necessary to rethink the EU's development cooperation objectives; calls for cooperation to be redirected and not cut or suspendedwhere it is needed the most to address poverty reduction; stresses that we face common challenges that we must tackle by strengthening multilateralism;
Amendment 10 #
2011/2286(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the importance of designing different development relationships based on loans, technical cooperation or exchange of best practices;
Amendment 18 #
2011/2286(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. DeplorWelcomes the Commission proposal on the DCI, which withdraws access to bilateral programmes from eleven LAC MICs; recalls however that the countries of Latin America are among the most unequal in the world in terms of per capita income and that persistent inequality occurs in a context of low socio-economic mobility; stresses that they are a group of very heterogeneous countries and differentiated cooperation should therefore be maintained, based on coordination and political dialogue;
Amendment 22 #
2011/2286(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 36 #
2011/2286(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of development aid through trade; LA-EU trade exchanges are a crucial factor in alleviating poverty and ensuring wealth creation in both continents; warns against protectionist tendencies resulting from the current economic and financial crisis;
Amendment 44 #
2011/2286(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the DCI must integrate social cohesion objectives more efficiently in its thematic, national and regional programming, mainly by supporting fairer fiscal, tax and social policiereforms which promote equality, access to public services and decent work;
Amendment 68 #
2011/2286(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its concern at the social impact of the high levels of crime and violence in the region; considers it necessary to define a new, more efficient strategy that will tackle this phenomenon as well as its economic, social and political causes;
Amendment 90 #
2011/2286(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Hopes that opening a rigorous dialogue on science, higher education and training, technology and innovation will boost the creation of a Euro-Latin American area of innovation and knowledge and help to boost competitiveness and fight de- industrialisation;
Amendment 97 #
2011/2286(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates the importance of intra- regional trade exchanges and triangular cooperation and its key role in the achievement of the MDGs, the eradication of poverty, the promotion of employment and of gender equality, education, social cohesion, agriculture and sustainable development;
Amendment 112 #
2011/2286(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the EU must concentrate its development aid to partner countries where it can have the most significant impact and must ensure that the aid is spent effectively with delivering the best possible results;
Amendment 130 #
2011/2286(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the wealth creation, fight against poverty, inequality, exclusion and discrimination, especially of women and minority ethnic groups, as well as the promotion of social cohesion and human rights, continue to be a key priority of the EU-LA strategic partnership;
Amendment 132 #
2011/2286(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU's Generalised System of Preferences (GSP) is a key instrument in development cooperation, poverty reduction and the promotion of human rights; whereas the current reform of the GSP should efficiently and coherently contribute to achieving those objectives, guaranteeing the earnings of producers in less developed countries; whereas eligibility should not bto enable developing countries to participate more in global trade and thereby generate made conditional on the criterion of per capita GDP in the current reform of the GSP; whereas all countries are free to sign or not to sign bilateral free trade agreements with the EU and, therefore, they should continue to benefit from the GSP system so long as they continue to comply with the relevant conditionexport revenue to support economic growth and the implementation of development and poverty reduction policy strategies;
Amendment 134 #
2011/2286(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas LA countries export much less to their neighbours than do their counterparts in other continents; relatively low trade exchange is due to important distances, high tariffs, customs, separate trade agreements and inadequate infrastructure networks;
Amendment 142 #
2011/2286(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Latin America is among the most violent regions of the world, and criminality associated with phenomena such as drug trafficking and organised crime, money-laundering, arms- trafficking and corruption, continues to be a serious problem in the region, posing a threat to its development;
Amendment 3 #
2011/2020(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out the importance of the continuous budgetary allocation for the operation and development of the internal market, particularly in the fields of notification, certification and sectoral approximation (budget lines 02 01 04 041 and 02 03 01); expects the Commission's Standardisation Package to respond to its request forstresses that the new regulatory framework on European standardisation should lead to a more integrated EU standardisation system and more sustainable financing system for the development of standards;
Amendment 9 #
2011/2020(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Deems it necessary to increasemaintain the amount allocated to Union action in the field of consumer policy (budget line 17 02 02) in order to assure the continuation of existing surveys and market studies, and especially the Consumer Markets and Conditions Scoreboards; welcomes the mid-term evaluation of the Consumer Policy Strategy and Programme of Community action and looks forward to the separate evaluation on the consumer education, information and capacity building actions, envisaged for July 2011;
Amendment 1 #
2011/2019(BUD)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 6 April 2011 on a Single Market for Enterprises and Growth3, __________________ 3 Texts adopted, P7_TA(2011)0146
Amendment 23 #
2011/2019(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the importance of the Single Market for the competitiveness of EU enterprises and for the growth and stability of European economies, and reminds the Commission and the Member States that sufficient resources need to be ensured to improve the implementation of the single market rules;
Amendment 73 #
2011/2019(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that, with the DB 2012 and the updated financial programming for 2013, the total amount of funds committed by 2013 for key programmes for the achievement of the EU 2020 strategy, such as the 7th EC Framework Research Program (EC FP7), anti-pollution measures, Marco Polo II, PROGRESS, Galileo and GMES, would be less than the reference amount agreed by Parliament and Council when these programmes were adopted; notes that, on the contrary, these reference amounts would be slightly exceeded in the case of the following key Europe 2020 programmes: the Competiveness and Innovation Framework programme (CIP), Trans-European Transport Network, Trans-European Energy network, Erasmus Mundus and Lifelong Learning; regrets, however, that these proposed increases are well below the 5% legislative flexibility allowed under Point 37 of the IIA; recalls that SMEs’ access to capital markets (including different EU financing opportunities) has to be improved and funding procedures made easier, quicker and less bureaucratic;
Amendment 1 #
2011/0817(NLE)
Motion for a resolution
Recital F
Recital F
Amendment 2 #
2011/0817(NLE)
Motion for a resolution
Recital G
Recital G
Amendment 2 #
2011/0817(NLE)
Motion for a resolution
Recital G
Recital G
Amendment 3 #
2011/0817(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 4 #
2011/0817(NLE)
Motion for a resolution
Recital I
Recital I
Amendment 4 #
2011/0817(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 5 #
2011/0817(NLE)
Motion for a resolution
Recital J
Recital J
Amendment 5 #
2011/0817(NLE)
Motion for a resolution
Recital I
Recital I
Amendment 6 #
2011/0817(NLE)
Motion for a resolution
Recital K
Recital K
Amendment 6 #
2011/0817(NLE)
Motion for a resolution
Recital J
Recital J
Amendment 7 #
2011/0817(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 8 #
2011/0817(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 9 #
2011/0817(NLE)
Motion for a resolution
Recital N
Recital N
Amendment 9 #
2011/0817(NLE)
paragraph 120.
Amendment 10 #
2011/0817(NLE)
Motion for a resolution
Recital P
Recital P
Amendment 11 #
2011/0817(NLE)
Motion for a resolution
Recital Q
Recital Q
Amendment 12 #
2011/0817(NLE)
Motion for a resolution
Recital R
Recital R
R. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, irrespective of their significance, but is in no way bound to agree with the European Council,
Amendment 13 #
2011/0817(NLE)
Motion for a resolution
Recital S
Recital S
Amendment 13 #
2011/0817(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 14 #
2011/0817(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges its consultation by the European CounciCalls on the European Council to examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the examinapplication of the proposed ameCharter of Fundament of the Treatiesal Rights of the European Union to the Czech Republic;
Amendment 17 #
2011/0817(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 20 #
2011/0817(NLE)
Motion for a resolution
Recital O
Recital O
Amendment 21 #
2011/0817(NLE)
Motion for a resolution
Recital P
Recital P
Amendment 22 #
2011/0817(NLE)
Motion for a resolution
Recital Q
Recital Q
Amendment 25 #
2011/0817(NLE)
Motion for a resolution
Recital R
Recital R
Amendment 27 #
2011/0817(NLE)
Motion for a resolution
Recital T
Recital T
Amendment 28 #
2011/0817(NLE)
Motion for a resolution
Recital U
Recital U
U. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, irrespective of their significance, but is in no way bound to agree with the European Council,
Amendment 29 #
2011/0817(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the European Council to decide not to examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the application of the Charter of Fundament of the Treatiesal Rights of the European Union to the Czech Republic;
Amendment 157 #
2011/0439(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 161 #
2011/0439(COD)
Proposal for a directive
Recital 17
Recital 17
(17) OtherThe results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. Some categories of services continue by their very nature to have a limited cross- border dimension, namelyfor example what are known as services to the person, such as certain social, health and educational services. Thoese services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for thoese services, with a higher threshold of EUR 1 000 000. In the particular context of procurement in those sectors, sServices to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of thoese services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entauthorities are able 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 contracting entpublic authorities remain free to provide thoese services themselves or to organise social services in a way that does not entail the conclusion of public contracts, 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 entauthority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
Amendment 162 #
2011/0439(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Being addressed to Member States, this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to what extent this directive should be applied to procurement governed by specific international rules. The European Institutions should, in particular, take into account the changes effected by this Directive and adjust their own procurement rules accordingly to reflect these changes.
Amendment 172 #
2011/0439(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Contracting entPublic authorities should make the best strategic use of public procurement to spurdrive innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. An innovative procurement model is detailed in the Commission's communication on pre-commercial procurement1. This model promotes the take up in the procurement of research and development services which do not fall within the scope of this Directive. This model, which has been written into this Directive, is recognised and will be available for all contracting authorities to consider. This dDirective should however contribute to facilitating the public procurement of innovation more generally, and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for whichWhere a need for the development of an innovative product, service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market, contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive. This new procedure should allows contracting entauthorities to establish a long-termn innovation partnership for the development and subsequent purchase of a new, innovative products, services or works, provided ithat these can be delivered to agreed performance levels and costs. The partnershiprocedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender, which is the most suited to comparing tenders for innovative solutions. Whether the innovation partnership concerns a very large project or a smaller project, it should be structured in such as a way that it can provide the necessary ‘"market- pull’", incentivising the development of an innovative solution s without foreclosing the market. Contracting authorities should therefore not misuse innovation partnerships to prevent, restrict or distort competition. __________________ 1 COM (2007) 799 final: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Pre- commercial procurement: driving innovation to ensure sustainable high quality public services in Europe.
Amendment 185 #
2011/0439(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it shouldmust be possible to submit tenders that reflect the diversity of technical solutions, standards and specifications in the marketplace so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator, or that disadvantage economic operators on the basis of business or development model including with regard to standards or specifications implemented in a given solution or service. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety must be considered by themust be considered equally by contracting entauthorities. To demonstrate equivalence, tenderers can be required to provide third- party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits. Contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case.
Amendment 189 #
2011/0439(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to encouragePublic procurement should be adapted to the needs of SMEs. Contracting authorities should make use of the Code of Best Practice providing guidance on how they may apply the public procurement framework in a way that facilitates SME participation. In order to foster the involvement of small and medium-sized enterprises (SMEs) in the public procurement market, it should be provided explicitly that contracts may be divided into lots, whether homogenous or heterogeneous. Where contracts are divided into lots, contracting entities may, for instance in order to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tenderer. contracting authorities should in particular give consideration to dividing contracts into lots and ensure transparency in access to information on their reasons for doing so or choosing not to. Member States should introduce measures to promote the access of SMEs to public procurement, in particular through improved information and guidance on tendering and on the new opportunities offered by the modernised EU legal framework, and to foster the exchange of best practice and the organisation of training and events involving public procurers and SMEs.
Amendment 192 #
2011/0439(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Where contracting entities are obliged or choose to apply the just mentioned exclusion criteria mentioned above, they should apply Directive [2004/18] concerning the possibility that economic operators adopt compliance measures aimed at remedying the consequences of any criminal offences or misconduct and at effectively preventing further occurrences of the misbehaviour.
Amendment 205 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entauthorities should be allowed to refer to a specific production process, a specific mode of provision ofthe monetisation of the life cycle of the works, services, or a specific process for any other stage of the life-cycle of a product or servicesupply and accordingly to social and environmental sustainability, provided that theyse characteristics are linked to the subject- matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may onlyThe technical specifications and award criteria should be interpreted broadly. Contracting authorities may also use the technical specifications and award criteria to minimise damaging social or environmental effects or maximise positive social or environmental effects. As part of the award criteria, contracting authorities should be able to concsidern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persexistence of an embedded life-cycle approach aiming at minimising cost and maximising resource efficiency and which should be applied in the framework of the provisions or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economf works, services or supplies in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries which are parties to the WTO's Government Procurement Agreement, or from other third countries with whom the Union is party to a Free Trade Agreement. Contracting authorities should also be allowed to use as technical specifications and award criteria the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality and social sustainability of contract performance and, as a result, the identification of the tender which operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is partyffers the best value for money. Contracting authorities should include these considerations in the award criterion of the most economically advantageous tender.
Amendment 218 #
2011/0439(COD)
Proposal for a directive
Recital 57
Recital 57
(57) The evaluation has shown that Member States do not consistently and systematically monitor thethere is still considerable room for implrovementation and the func in the applicationing of the Union public procurement rules. This has a negative impact on the correct implementation of provisions stemming from those directives, which is a major source of cost and uncertainty. Several Member States have appointed a national central body dealing with public procurement issues, but the functions that such bodies are empowered with vary considerably across Member States. Clearer, more consistent and authoIn view of a more efficient and consistent application of the rules, it is on the one hand essential to get a good overview on possible structural problems and general patterns in national procurement policies, in order to address possible problems in a more targeted way. This overview should be gained through appropritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules, legal certainty for businesses and, the results of which should be regularly published, in order to allow an informed debate on possible improvements of procurement rules and practice. On the other hand, better guidance and assistance to contracting entauthorities, and econtribute to establish a level playing field. Such mechanisms could serve as tools for detection and early resolution of problems, especially with regard to projects cofunded by the Union, and for the identification of structural deficiencies. There is in particular a strong need to coordinatomic operators could also greatly contribute to enhancing the efficiency of public procurement, through better knowledge, increased legal certainty and professionalisation of procurement practices; such guidance tshose mechanisms to ensure consistent application, controls and monitoring of public procurement policy, as well as systematic assessment of the outcomes of procurement policy across the Unionuld be made available to contracting authorities and economic operators wherever it appears necessary, to ensure correct application of the rules.
Amendment 221 #
2011/0439(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 224 #
2011/0439(COD)
Proposal for a directive
Recital 59
Recital 59
(59) Not all contracting entities may have the internal expertise to deal with economicallyAny stakeholder should be empowered to signal violations orf technically complex contracts. Against this background, appropriate professional support would be an effective complement to monitoring and control activities. On the one hand, this objective can be achieved by knowledge sharing tools (knowledge centres) offering technical assistance to contracting entities; on the other hand, business, not least SMEs, should benefit from administrative assistance, in particular when participating in procurement procedures on a cross- border basihis Directive to a competent authority or Court. Member States should be able to provide for recourse to monitoring authorities, sectoral oversight bodies, municipal, regional or national competition or auditing authorities, ombudsmen, and where these exist, national oversight authorities.
Amendment 225 #
2011/0439(COD)
Proposal for a directive
Recital 60
Recital 60
(60) Monitoring, oversight and support structures or mechanisms exist already at national level and can of course be used to ensure monitoring, implementation and control of public procurement and to provide the required support to contracting entities and economic operatorTraceability and transparency of decision-making in procurement procedures is essential for ensuring sound procedures, including effectively fighting corruption and fraud. Contracting authorities should keep copies of concluded contracts for high-value contracts to be able to provide access to these documents to interested parties in accordance with applicable rules on access to documentation. Furthermore, the essential elements and decisions of individual procurement procedures should be documented in a procurement report. To limit administrative burdens, the procurement report should refer to information already contained in the relevant contract award notices. The electronic systems for publication of these notices, managed by the Commission, should also be improved in view of facilitating data entry while making it easier to extract reports and exchange data between systems.
Amendment 226 #
2011/0439(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 245 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – introductory part
Article 2 – point 4 – introductory part
(4) a ‘'body governed by public law’' means any body that has all of the following characteristics entity:
Amendment 247 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for, or which has the specific purpose of, meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having and does not have an industrial or commercial character;
Amendment 252 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point b
Article 2 – point 4 – point b
(b) it hashaving legal personality;
Amendment 253 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point c
Article 2 – point 4 – point c
(c) it is financed, for the most part, bywhich satisfy at least one of the following conditions: (i) the majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an(ii) the majority of the administrative, managerial or supervisory board, more than half of whose members are appointed is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law;.
Amendment 262 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation;monetising, wherever possible, the full costs associated to the public procurement, including maintenance and resource (including energy) efficiency costs, end- of-life recycling costs, and social impact costs where these relate to performance of the contract. Efficient design, planning and use of electronic means can also be included in life cycle monetisation. For the purposes of public procurement, the life cycle runs from the point of purchase throughout the lifetime of the works, supplies or services and forms an integral and in-dissociable part of the calculation of what constitutes the Most Economically Advantageous Tender.
Amendment 324 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority.
Amendment 338 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 365 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 80% of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 393 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
Amendment 465 #
2011/0439(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that, atby the latest 2 years after the date provided for in Article 101(1), all1st January 2017, at least 70% of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100% of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 505 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States mayshall provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement.
Amendment 506 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
In innovation partnerships, any economic operator may submit a request to participate in response to a call for competition in accordance with points (b) and (c) of Article 39(2)ontract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and coststhe need for which cannot be met by solutions already available on the market, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76(1)(a).
Amendment 508 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up towhich may include the manufacturing of the supply, or the provision of the services. It shall provide for or the completion of the works. The partnership shall set intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting entity canmay decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rightsthe contracting entity has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership.
Amendment 509 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
The contract shall be awarded in accordance with the rules for a negotiated procedure with prior call for compeaccording to the provisions laid down in subparagraphs 1(a) to 1(h) below: (a) In the procurement documents, contracting authorities shall indicate which elements define the minimum requirements to be met. The indications shall be sufficiently precise so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the procedure. (b) The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent, or where a prior information notice is used as a means of calling for competition, 30 days from the date on which the invitation to confirm interests is sent. The minimum time limit for the receipt of initial tenders shall be 30 days from the date on which the invitation is sent. (c) Contracting authorities shall negotiate with tenderers the initial and all subsequent tenders submitted, to improve the content to ensure that these tenders better fulfil the award criteria specified in the procurement documents. (d) During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated, are informed in writing of any changes to the technical specifications of other procurement documents other than those setting out the minimum requirements, providing sufficient time to allow such tenderers to modify and re-submit amended tenders following these changes. (e) In accordance with Article 32, contracting authorities shall not reveal to the other participants confidential information communicated by a candidate participating in the negotiation set out in Article 42. s without its agreement. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific information. (f) The minimum requirements and the award criteria shall not be subject to negotiations. (g) Once the deadline for submitting tenders has expired, and before proceeding to their examination, contracting authorities may specify a weighting attached to the subheadings of an award criterion defined in advance in accordance with Article 76(5), provided that: (i) the contract award criteria set out in the contract documents or the contract notice are unaltered; (ii) this does not include new elements which would have affected the preparation of the tenders; (iii) this does not give rise to discrimination against any one of the tenderers. (h) Innovation partnership procedures may take place in successive stages in order to reduce the number of tenders to be negotiated, by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in the procurement documents. In the contract notice, the invitation to confirm interest or in the procurement documents, the contracting authority shall clearly indicate whether it will use this option.
Amendment 510 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
In selecting candidates, contracting entities shall pay particular attention to criteria concerning the tenderers‘ capacity and experiencecandidates' capacity in the field of research and development orand of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 72(2).
Amendment 511 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
Only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects, aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76 (1)(a).
Amendment 512 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
The contracting entity shall ensure that the structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supplyestimated value of supplies, services or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profinot be disproportionate in relation to the investment required for their development.
Amendment 513 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 4 – subparagraph 2
Article 43 – paragraph 4 – subparagraph 2
Amendment 605 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘'or equivalent’';
Amendment 607 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or to a particular process or development or business model or method, or to trade marks, patents, types or a specific origin or production withor location of production, as any such reference would have the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall systematically be accompanied by the words ‘"or equivalent’".
Amendment 648 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Amendment 720 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The most economically advantageous tender referred to in point (a) of paragraph 1)1 from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject-matter of the public contract in question and, wherever possible, on the basis of the monetisation of the life cycle as defined in Article 2, point 22.
Amendment 724 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shallmay include in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the contract in question, such as:
Amendment 738 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d
Article 76 – paragraph 2 – subparagraph 2 – point d
Amendment 749 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs and end of life, such as collection and recycling costs and relating to use, such as maintenance and resource efficiency costs (including energy efficiency), end-of-life recycling and collection costs, and social impact costs where these relate to performance of the contract. Internal costs also include considerations of efficient design, planning and process costs such as the use of electronic means.
Amendment 818 #
2011/0439(COD)
Proposal for a directive
Article 80 – paragraph 1
Article 80 – paragraph 1
Contracting entities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social andclude economic, innovative, environmental or social considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract. However, none of those special conditions shall result in loosing the link to the subject matter of the contract.
Amendment 833 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 839 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
Amendment 847 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3 a (new)
Article 81 – paragraph 3 a (new)
3a. Contracting entities shall ensure that successful tenderers are contractually obliged to comply in the course of performance of the contract with mandatory legal, regulatory or administrative provisions in force in the Member State of contract performance. Furthermore, where the successful tenderer subcontracts a part of the works, supplies or services, and where, in the course of performance of the contract, the provisions referred to in the first subparagraph have been breached by any subcontractor as established by a Court or other competent authority, the successful tenderer shall take effective, proportionate and dissuasive contractual sanctions against the subcontractor(s) concerned; Where the successful tenderer has failed to comply with the obligations set out in the first and/or second subparagraphs within three months of the initial ruling of the Court or other competent authority, the contracting entity shall refer the matter to the Court or other competent authority for a decision on appropriate sanctions.
Amendment 864 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 874 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4 a (new)
Article 82 – paragraph 4 a (new)
4a. Furthermore, where the scope of the contract might evolve pursuant to: - significant innovations or technological change; - a technical difficulty in operation or maintenance requiring the intervention of the initial contractor; - the necessary implementation of emergency and unforeseeable works, services or supplies which cannot be technically or economically separated from the main contract without causing major disruption to the contracting entity; the modification shall not be considered substantial within the meaning of paragraph 1.
Amendment 918 #
2011/0439(COD)
Proposal for a directive
Title 4 – title
Title 4 – title
Amendment 919 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Amendment 921 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 a (new)
Article 92 – paragraph 1 a (new)
2. Member States shall ensure that the application of public procurement rules is monitored including the implementation of projects co-financed by the Union with a view to detecting threats to the financial interests of the Union. This monitoring shall be used to prevent, detect and adequately report possible instances of procurement fraud, corruption, conflict of interest and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.
Amendment 922 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 b (new)
Article 92 – paragraph 1 b (new)
3. The results of the monitoring activities pursuant to paragraph 2 shall be made available to the public through appropriate means of information. In particular, Member States shall publish, at least biennially, an overview of the most frequent sources of wrong application or of legal uncertainty, including possible structural or recurring problems in the application of the rules, hereunder possible cases of fraud and other illegal behaviours. Member States shall transmit to the Commission on a biennial basis, a general overview of their national sustainable procurement policies, describing the relevant national action plans and initiatives and, where known, their practical implementation. They shall also indicate the success rate of SMEs in public procurement; where it is lower than 50 % in terms of values of contracts awarded to SMEs, Member States shall indicate whether any initiatives are in place to increase this success rate. On the basis of the data received, the Commission shall regularly issue a report on the implementation and best practices of such policies in the Internal Market.
Amendment 923 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 c (new)
Article 92 – paragraph 1 c (new)
4. Any person or body which does not have access to review procedures pursuant to Council Directive 92/13/EEC shall be given the possibility to indicate possible violations of this Directive to a competent authority or structure which shall duly consider any sufficiently substantiated complaint and take appropriate measures subject to powers and competences provided for in national law.
Amendment 924 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 d (new)
Article 92 – paragraph 1 d (new)
5. Member States shall ensure that guidance on the interpretation and application of the Union public procurement law is available free of charge to assist contracting authorities and economic operators in correctly applying the Union public procurement rules.
Amendment 925 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 e (new)
Article 92 – paragraph 1 e (new)
6. Member States shall, without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, designate a contact point for cooperation with the Commission as regards the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union.
Amendment 926 #
2011/0439(COD)
Proposal for a directive
Article 92 – paragraph 1 f (new)
Article 92 – paragraph 1 f (new)
7. Contracting authorities shall, at least for the duration of the contract, keep copies of all concluded contracts with a value equal to or greater than: (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. They shall grant access to these contracts in accordance with any applicable rules on access to documents and data protection.
Amendment 932 #
2011/0439(COD)
Proposal for a directive
Article 93
Article 93
Amendment 951 #
2011/0439(COD)
Proposal for a directive
Article 94 – title
Article 94 – title
Individual rReports on procedures for the award of contractsing
Amendment 954 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 2
Article 94 – paragraph 1 – subparagraph 2
Contracting entities shall document the progress of all procurement procedures, whether or not the proceduresose are conducted by electronic means. To that end, they shall documentensure that they dispose of sufficient documentation to justify decisions taken in all stages inof the procurement procedure, including allsuch as documentation on communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 958 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission or to the national oversight bodyauthorities or structures referred to in Article 92 where they so request it.
Amendment 961 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 1
Article 95 – paragraph 1
1. The bodies established or appointed in accordance with Article 93Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 963 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 2
Article 95 – paragraph 2
2. The report referred to in paragraph 1 shall contain at least the total value, broken down by category of activity to which Articles 5 to 11 refer, of the, for contracts awarded below the thresholds set out in Article 12 of this Directive, but which would be covered by this Directive if their value exceeded the thresholdits value exceeded the threshold, an estimation of the aggregated total value of the procurement during the year concerned. This estimation may in particular be based on data available under national publication requirements.
Amendment 964 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
3. For all contracts above the thresholds of this Directive, Member States shall ensure that this report contains at least thethe estimated number and value of contracts awarded during the year concerned, broken down by categories of activity to which Articles 5 to 11 refer and any other information required to verify the proper application of the WTO Government Procurement Agreement. This shall include the estimated number and value of contracts awarded pursuant to a negotiated procedure without a call for competition, broken down according to the circumstances referred to in Article 44 and by categories of activity to which Articles 5 to 11 refer. It shall also specify the Member State or third country of the successful contractor.
Amendment 968 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 5
Article 95 – paragraph 5
5. The Commission shall establish the standard form for the drawing-up of the annual implementation andannual statistical report referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100.
Amendment 970 #
Amendment 976 #
2011/0439(COD)
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 178 #
2011/0438(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself. The Union rules on public procurement are not intended to cover all forms of disbursement of public money, but only those aimed at the acquisition of works, supplies or services for consideration. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services in question, not necessarily requiring a transfer of ownership to the contracting authorities. 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 the public procurement rules. A body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity should not be considered a body governed by public law for the purposes of this Directive.
Amendment 180 #
2011/0438(COD)
Proposal for a directive
Recital 4
Recital 4
(4) It has also proven necessary to clarify what should be understood as a single procurement, with the effect that the aggregate value of all contracts 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, for instance a works project or an entirety of works, supplies and/or services. Indications for the existence of one single projeThe aggregate value of all contracts can for instance consist in overall prior planning and conception by the contracting authority, the factoncluded for the purpose of this procurement has to be taken into account with regard to thate the different elements purchased fulfil a single economic and technical function or that they are othresholds of this directive, and the procurement should be adverwtise logically interlinked and carried out in a narrow time framed as a whole, possibly split into lots.
Amendment 186 #
2011/0438(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 11 of the Treaty on the Functioning of the European Union, environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that they can obtain the best value for money for their contracts.
Amendment 200 #
2011/0438(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 207 #
2011/0438(COD)
Proposal for a directive
Recital 11
Recital 11
(11) OtherThe results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation16 demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. Some categories of services continue by their very nature to have a limited cross- border dimension, namelyfor example what are known as 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 specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 51 000 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able 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 Committee17 . 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 public contracts, 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, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination. __________________ 16 SEC(2011) 853 final, 27.6.2011
Amendment 208 #
2011/0438(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Being addressed to Member States, this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to what extent this directive should be applied to procurement governed by specific international rules. The Union institutions should, in particular, take into account the changes effected by this Directive and adjust their own procurement rules accordingly to reflect these changes.
Amendment 215 #
2011/0438(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) In order to make procedures faster and more efficient, time limits for participation in procurement procedures should be kept as short as possible without creating undue barriers to access for economic operators from across the Internal Market, in particular SMEs. When fixing the time limits for the receipt of tenders and requests to participate, contracting authorities should accordingly take into account the complexity of the contract and the time required for drawing up tenders in particular, even if this would entail setting time limits that are longer than the minima provided for under this Directive. Use of electronic means of information and communication, in particular full electronic availability of procurement documents and electronic transmission of communications does, on the other hand, lead to increased transparency and time savings. Therefore, provision should be made for reducing the minimum periods in line with the rules set by the WTO Government Procurement Agreement and subject to the condition that they are compatible with the specific mode of transmission envisaged at Union level. Furthermore, contracting authorities should have the opportunity to further shorten the time limits for receipt of requests to participate and tender submissions, in cases where a state of urgency renders the normal time limits impracticable, although running a procedure with publication is still possible. Only those situations where extreme urgency brought about by unforeseeable events - and which are not attributable to the contracting authority - should be considered as exceptional, and only these situations would make it impossible to conduct a regular procedure even with shortened time limits. In such cases, contracting authorities should, wherever possible, award contracts though use of the negotiated procedure without prior publication. This may be the case where natural or man-made disasters require immediate action.
Amendment 217 #
2011/0438(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There is a widContracting authoritiesp read need forquire additional flexibility and in particular for wider access to ato choose procurement procedures which providinge for negotiations, as is explicitly foreseen in the Agreement, where. The Union rules on public procurement should align to the Government Procurement Agreement, which allows for negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiA greater use of these procedures is also likely to increase cross- border trade, as the evaluation has provided for in this Directive, in various situations where open or restricshown that contracts awarded by negotiated procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross- border trade, as the evaluation has shown that contracts awarded by negotia prior publication have a particularly high success rate in attracting cross-border tenders. Member States should be able to provide for the use of the competitive procedure with negotiation or the competitive dialogue in various situations where the classic open or restricted procedures with prior publication have a particularly high success rate of cross- border tenderout negotiations are unlikely to deliver satisfactory outcomes.
Amendment 222 #
2011/0438(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) For works contracts, such situations include works that are not standard buildings or where works include the design of an innovative solution. For services or supplies that require adaptation or design, the use of a competitive procedure with negotiation or competitive dialogue is likely to deliver added value. Such adaptation or design requirements are particularly beneficial in the case of complex purchases such as sophisticated products, intellectual services or major ICT projects. In these cases, negotiations may be necessary to guarantee that the supply or service in question corresponds to the needs of the contracting authority. In relation to "off- the shelf" services or supplies that can be provided by many different economic operators, the competitive procedure with negotiation and the competitive dialogue should not be used.
Amendment 224 #
2011/0438(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15 b) The competitive procedure with negotiation should also be followed in cases where use of an open or restricted procedure delivered only invalid or unacceptable tenders. In particular tenders which do not comply with the procurement documents, which were received late, where there is evidence of collusion or corruption, or which have been found by the contracting authority to be abnormally low, should be considered invalid. Tenders submitted by tenderers that do not have the required qualifications, and tenders whose price exceeds the contracting authority's budget as communicated prior to the launching of the procurement procedure should also be considered as unacceptable.
Amendment 225 #
2011/0438(COD)
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
Amendment 227 #
2011/0438(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to spurdrive innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. An innovative procurement model is detailed in the Commission's communication on pre-commercial procurement 1. This model promotes the take up in the procurement of research and development services which do not fall within the scope of this Directive. This model, which has been written into this Directive, is recognised and will be available for all contracting authorities to consider. This dDirective should however contribute to facilitating the public procurement of innovation more generally, and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for whichWhere a need for the development of an innovative product, service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market, contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive. This new procedure should allows contracting authorities to establish a long-termn innovation partnership for the development and subsequent purchase of a new, innovative products, services or works, provided ithat these can be delivered to agreed performance levels and costs. The partnershiprocedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender, which is the most suited to comparing tenders for innovative solutions. Whether the innovation partnership concerns a very large project or a smaller project, it should be structured in such as a way that it can provide the necessary ‘"market- pull’", incentivising the development of an innovative solutions without foreclosing the market. Contracting authorities should therefore not misuse innovation partnerships to prevent, restrict or distort competition. __________________ 1 COM (2007) 799 final: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Pre- commercial procurement: driving innovation to ensure sustainable high quality public services in Europe.
Amendment 231 #
2011/0438(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Such a procedure should support new ways of developing public services, for instance, where employee led organisations which had previously operated in the public sector, are tasked with developing an innovative public service not available on the Union market.
Amendment 247 #
2011/0438(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions, standards and specifications in the marketplace so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitualcommonly offered by that economic operator, or that disadvantage economic operators on the basis of a business or development model or on the basis of specific standards or specifications implemented in a given solution or service. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possicircumvents these problems and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements must be considered equally by contracting authorities. To demonstrate equivalence, tenderers can be required to provide third- party verified evidence; h. However, other appropriate means of proof such as a manufacturers' technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to suchrelevant certificates or test reports, or no possibility of obtaining them within the relevant time limitapplicable time limits. Contracting authorities must be able to provide justification for not granting equivalence in all cases.
Amendment 252 #
2011/0438(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Public procurement should be adapted to the needs of SMEs. Contracting authorities should make use of the Code of Best Practice providing guidance on how they may apply the public procurement framework in a way that facilitates SME participation. In order to foster the involvement of small and medium-sized enterprises (SMEs) in the public procurement market, contracting authorities should be encouragedin particular give consideration to divideing contracts into lots, and be obliged to stateensure transparency in access to information on their reasons for not doing so. Where contracts are divided into lots, contracting authorities may, for instance in order to preserve competition or choosing not to. Member States should introduce measures to promote the access of SMEs to public procurement, in particular through improved information and guidance orn to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tendererendering and on the new opportunities offered by the modernised EU legal framework, and to foster the exchange of best practice and the organisation of training and events involving public procurers and SMEs.
Amendment 282 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision ofthe monetisation of the life cycle of the works, services, or a specific process for any other stage of the life cycle of a product or servicesupply and accordingly to social and environmental sustainability, provided that theyse characteristics are linked to the subject- matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteThe technical specifications and award criteria should be interpreted broadly. Contracting authorities may also use the technical specifications and award criteria to minimise damaging social or environmental effects or maximise positive social or environmental effects. As part of the award criteria, contracting authoristices should in any event remain limited to characteristics that have immediate conseqube able to consider the existences on staff members in their working environment. They should be applied f an embedded life-cycle approach aiming accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workerst minimising cost and maximising resource efficiency and which should be applied in the framework of the provision of works, services22 and or supplies in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries which are parties to the WTO's Government Procurement Agreement, or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, coperators from other third countries with whom the Union is party to a Free Trade Agreement. Contracting authorities should also be allowed to use as antechnical specifications and award criteriona the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality and social sustainability of contract performance and, as a result, the economic value of theidentification of the tender which offers the best value for money. Contracting authorities should include these considerations in the award criterion of the most economically advantageous tender.
Amendment 304 #
2011/0438(COD)
Proposal for a directive
Recital 49
Recital 49
(49) The evaluation has shown that Member States do not consistently and systematically monitor thethere is still considerable room for implrovementation and func in the applicationing of the Union public procurement rules. This has a negative impact on the correct implementation of provisions stemming from these directives, which is a major source of cost and uncertainty. Several Member States have appointed a national central body dealing with public procurement issues, but the tasks entrusted to such bodies vary considerably across Member States. Clearer, more consistent and authoIn view of a more efficient and consistent application of the rules, it is on the one hand essential to get a good overview on possible structural problems and general patterns in national procurement policies, in order to address possible problems in a more targeted way. This overview should be gained through appropritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules, improve legal certainty for businesses and, the results of which should be regularly published, in order to allow an informed debate on possible improvements of procurement rules and practice. On the other hand, better guidance and assistance to contracting authorities, and econtribute to establishing a level playing field. Such mechanisms could serve as tools for the detection and early resolution of problems, especially with regard to projects cofunded by the Union, and for the identification of structural deficiencies. There is in particular a strong need to coordinate these mechanisms to ensure consistent application, control and monitoring of public procurement policy, as well as systematic assessment of the outcomes of procurement policy across the Unionomic operators could also greatly contribute to enhancing the efficiency of public procurement, through better knowledge, increased legal certainty and professionalisation of procurement practices; such guidance should be made available to contracting authorities and economic operators wherever it appears necessary, to ensure correct application of the rules.
Amendment 307 #
2011/0438(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 311 #
2011/0438(COD)
Proposal for a directive
Recital 51
Recital 51
(51) Not all contracting authorities may have the internal expertise to deal with economicallyAny stakeholder should be empowered to signal violations orf technically complex contracts. Against this background, appropriate professional support would be an effective complement to monitoring and control activities. On the one hand, this objective can be achieved by knowledge sharing tools (knowledge centres) offering technical assistance to contracting authorities; on the other hand, business, not least SMEs, should benefit from administrative assistance, in particular when participating in procurement procedures on a cross- border basihis Directive to a competent authority or Court. Member States should be able to provide for recourse to monitoring authorities, sectoral oversight bodies, municipal, regional or national competition or auditing authorities, ombudsmen, and where these exist, national oversight authorities.
Amendment 312 #
2011/0438(COD)
Proposal for a directive
Recital 52
Recital 52
(52) Monitoring, oversight and support structures or mechanisms exist already at nationTraceability and transparency of decision-making in procurement procedures is essential for ensuring sound procedures, including effectively fighting corruption and fraud. Contracting authorities should keep copies of concluded contracts for high-value contracts to be able to provide access to these documents to interested parties in accordance with applicable rules on access to documentation. Furthermore, the essential elevel and can of course be used to ensure monitoring, implementation and control of public procurement and to provide the required support to contracting authorities and economic operators. ments and decisions of individual procurement procedures should be documented in a procurement report. To limit administrative burdens, the procurement report should refer to information already contained in the relevant contract award notices. The electronic systems for publication of these notices, managed by the Commission, should also be improved in view of facilitating data entry while making it easier to extract reports and exchange data between systems.
Amendment 313 #
2011/0438(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 319 #
2011/0438(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annexes V and XI; the lists of central government authorities are subject to variations due to administrative changes at national level. These are notified to the Commission, which should be empowered to adapt the Annex I; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication, such as the submission of three-dimensional digital representations in the case of the public procurement of works, to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; and the content of the European Procurement Passport to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.
Amendment 339 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of this Directive is subject to Articles 36, 51, 52, 62 and 346 of the Treaty on the Functioning of the European Union.
Amendment 345 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – introductory part
Article 2 – paragraph 1 – point 6 – introductory part
(6) ‘bodies governed by public law’ means bodies that have all of the following characteristics:
Amendment 347 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
(a) they are established for, or which have the specific purpose of, meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having; these needs should not have an industrial or commercial character;
Amendment 349 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
(b) they havehaving legal personality;
Amendment 350 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c
Article 2 – paragraph 1 – point 6 – point c
(c) they are financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointedwhich satisfy at least one of the following conditions: (i) The majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; (ii) The majority of the administrative, managerial or supervisory board is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) Decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law.
Amendment 362 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘electronic means’ means electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; in the case of a works contract 'electronic means' shall also refer to the use of interoperable three-dimensional representations covering the design, execution and the operation of the building or infrastructure;
Amendment 364 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisationmonetising, wherever possible, the full costs associated to the public procurement, including maintenance and resource (including energy) efficiency costs, end- of-life recycling costs, and social impact costs where these relate to performance of the contract. Efficient design, planning and use of electronic means can also be included in life cycle monetisation. For the purposes of public procurement, the life cycle runs from the point of purchase throughout the lifetime of the works, supplies or services and forms an integral and in-dissociable part of the calculation of what constitutes the Most Economically Advantageous Tender.
Amendment 372 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) A 'public service mutual' is an organisation which has the following characteristics: a) It is principally made up of individuals who have left their position of employment within the public sector in order to deliver public services by way of that organisation; b) The majority of services provided by the organisation are provided to the public sector, and; c) Employee ownership or engagement has a significant impact on the governance of the organisation. A public service mutual can take a variety of forms in terms of business model and membership.
Amendment 379 #
2011/0438(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 381 #
2011/0438(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In the case of contracts which have as their object procurement covered by this Directive as well as procurement or other elements covered by Directive 2009/81/EC, the contract shall be awarded in accordance with Directive 2009/81/EC provided that the award of a single contract is justified for objective reasons.
Amendment 382 #
2011/0438(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. In the case of contracts which have as their object procurement covered by this Directive and Directive 2009/81/EC as well as procurement or other elements not being subject to either Directive, the contract shall not be subject to this Directive provided that the award of a single contract is justified for objective reasons. The decision to award a single contract may not, however, be taken for the purpose of excluding contracts from the application of this Directive.
Amendment 399 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 426 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;
Amendment 445 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(f a) hotel and restaurant services with CPV reference numbers from 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6, provided that the services can be provided only by economic operators located in a specific region.
Amendment 464 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 80% of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 512 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 80% of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 555 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
Amendment 585 #
2011/0438(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Subject to Article 346 of the Treaty on the Functioning of the European Union1(3), this Directive shall apply to the awarding of public contracts and to design contests organised in the fields of defence and security, with the exception of the following contracts:
Amendment 586 #
2011/0438(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This Directive shall not apply to public contracts and design contests not other than those referred to in paragraph 1 to the extent thatwise exempted under paragraph 1 where: (a) the protection of the essential security interests of a Member State cannot be guaranteed in a procurement procedure as provided for in this Directive. ; (b) the application of this Directive would oblige the Member State to supply information the disclosure of which it considers contrary to its essential security interests; or (c) the procurement and performance of the contract or contest must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned.
Amendment 622 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, atby the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article1st January 2017, at least 70 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article. In relation to the public procurement of Works contracts, Member States shall furthermore encourage the systematic use of digital three-dimensional representations following the general timescales for the implementation of electronic procurement set out in the first and second sub paragraphs.
Amendment 652 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
Amendment 656 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4
Article 24 – paragraph 1 – subparagraph 4
Amendment 674 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 680 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – introductory part
Article 24 – paragraph 2 – subparagraph 1 – introductory part
The call for competition mayshall be made by one of the following means:a contract notice pursuant to Article 47.
Amendment 681 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point a
Article 24 – paragraph 2 – subparagraph 1 – point a
Amendment 682 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point b
Article 24 – paragraph 2 – subparagraph 1 – point b
Amendment 684 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 685 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. In the specific cases and circumstances referred to expressly in Article 30, Member States mayshall provide that contracting authorities may apply a negotiated procedure without prior publication only in the specific cases and circumstances. Member States shall not allow the use of this procedure in any other cases than those referred to expressly in Article 30.
Amendment 692 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 2015 days, provided that both of the following conditions are fulfilled:
Amendment 695 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 2015 days from the date on which the contract notice was sent.
Amendment 705 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 350 days from the date on which the invitation to tender is sent.
Amendment 708 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this Article may be shortened to 150 days, provided that all of the following conditions are fulfilled:
Amendment 711 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. SMember States shall provide that all or specific categories of sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reachIn the absence of an agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 10 days from the date of the invitation to tender.
Amendment 716 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
1. In competitive procedures with negotiation, any economic operator may submit a request to participate in response to a call for competition by providing the requested information for qualitative selectioncontaining the information set out in Annex VI parts B and C by providing the information for qualitative selection that is requested by the contracting authority.
Amendment 718 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interestprocurement documents, contracting authorities shall describe the procurement andindicate which elements define the minimum requirements to be met and specify the award criteria so. The indications shall be sufficiently precise as to enable economic operators to identify the precise nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirementsprocedure.
Amendment 726 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Only those economic operators invited by the contracting authority following their assessment of the requested information may submit a writtenn initial tender which shall be the basis for the subsequent negotiations. Contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.
Amendment 729 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. CUnless otherwise stipulated in the fourth subparagraph, contracting authorities shall negotiate with tenderers the tenders submitted by theminitial and all subsequent tenders submitted by them, except for the final tenders within the meaning of paragraph 6, to improve the content of the offers in order to better correspond toensure that the tenders better fulfil the award criteria anspecified minimum requirements referred to in the second subparagraph of paragraph 1 a procurement document.
Amendment 731 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – introductory part
Article 27 – paragraph 3 – subparagraph 2 – introductory part
The following shall not be changed in the course of theminimum requirements and the award criteria shall not be subject to negotiations: .
Amendment 732 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point a
Article 27 – paragraph 3 – subparagraph 2 – point a
Amendment 737 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b
Article 27 – paragraph 3 – subparagraph 2 – point b
Amendment 740 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
Amendment 745 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 a (new)
Article 27 – paragraph 3 – subparagraph 2 a (new)
Once the deadline for submitting tenders has expired, and before proceeding to their examination, contracting authorities may specify a weighting attached to the subheadings of an award criterion defined in advance in accordance with Article 66(5), provided that: (a) the contract award criteria set out in the contract documents or the contract notice are unaltered; (b) this does not include new elements which would have affected the preparation of the tenders; (c) this does not give rise to discrimination against any one of the tenderers.
Amendment 746 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 b (new)
Article 27 – paragraph 3 – subparagraph 2 b (new)
Contracting authorities may award contracts on the basis of initial tenders without negotiation where they have clearly indicated in the contract notice, the invitation to confirm interest or in any other procurement document, that they reserve the right to do so.
Amendment 748 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
4. During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated pursuant to paragraph 5, are informed in writing of any changes to the technical specifications or other procurement documents, other than those setting out the minimum requirements, in adequate time to allowproviding sufficient time for such tenderers to modify and re-submit amended tenders following these changes, as appropriate.
Amendment 749 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 753 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Where the contracting authority intends to conclude the negotiations, it shall inform the remaining tenderers and set a common deadline to submit any new or revised tenders. They shall assess the final tenders as negotiated on the basis of the initially indicated award criteria and award the contract in accordance with Articles 66 to 69.
Amendment 761 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 2 - subparagraph 1 a (new)
Article 28 – paragraph 2 - subparagraph 1 a (new)
Once the deadline for submitting tenders has expired, and before proceeding to their examination, contracting authorities may specify a weighting attached to the subheadings of an award criterion defined in advance in accordance with Article 66(5), provided that: (a) the contract award criteria set out in the contract documents or the contract notice are unaltered; (b) this does not include new elements which would have affected the preparation of the tenders; (c) this does not give rise to discrimination against any one of the tenderers.
Amendment 763 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3
Article 28 – paragraph 3 – subparagraph 3
Amendment 769 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 6 - subparagraph 1 a (new)
Article 28 – paragraph 6 - subparagraph 1 a (new)
These tenders may be clarified, specified and fine-tuned at the request of the contracting authority. However, such clarification, specification, fine-tuning or additional information may not involve changes to the essential aspects of the tender or of the public procurement, including the needs and requirements set out in the contract notice or in the descriptive document, where variations to those aspects, needs and requirements are likely to distort competition or have a discriminatory effect.
Amendment 777 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
Amendment 779 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up towhich may include the manufacturing of the supply, or the provision of the services. It shall provide for or the completion of the works. The partnership shall set intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rights. the contracting authority has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership.
Amendment 781 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new9
Article 29 – paragraph 2 a (new9
Amendment 783 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
In selecting candidates, contracting authorities shall pay particular attention to criteria concerning the tenderercandidates' capacity and experience in the field of research and development and of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.
Amendment 784 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 3
Article 29 – paragraph 3 – subparagraph 3
Only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
Amendment 785 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The contracting authority shall ensure that the structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supplyestimated value of supplies, services or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profinot be disproportionate in relation to the investment required for their development.
Amendment 786 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
Amendment 789 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. In the specific cases and circumstances laid down in paragraphs (2) to (5), Member States may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in . In any other cases laid down in paragraphs (2) to (5), the use of this procedure is not allowed.
Amendment 791 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – introductory part
Article 30 – paragraph 2 – subparagraph 1 – introductory part
The negotiated procedure without prior publication may be foreseenused for public works contracts, public supply contracts and public service contracts in any of the following cases:
Amendment 810 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d
Article 30 – paragraph 2 – subparagraph 1 – point d
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeureevents unforeseeable by the contracting authority, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;
Amendment 815 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The negotiated procedure without prior publication may be foreseenused for public service contracts, where the contract concerned follows a design contest organised in accordance with this Directive and is to be awarded, under the applicable rules, to the winner or one of the winners of the design contest; in the latter case, all winners must be invited to participate in the negotiations.
Amendment 816 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 1
Article 30 – paragraph 5 – subparagraph 1
The negotiated procedure without prior publication may be foreseenused 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 awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with Article 24(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded.
Amendment 821 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5 a. The negotiated procedure without prior publication may be used where the contracting authority considers that the contract should be awarded to a public service mutual in order to facilitate: (i) the integration of public sector employees into the private sector; or, (ii) the diversity of suppliers in the market covered by that public contract. This exception only applies where the contract is awarded: (i) to an entity in anticipation that it will become a public service mutual, once the individuals concerned leave their positions of employment in the public sector and the entity begins to supply services; or, (ii) within the period of 3 years beginning with the date on which the public service mutual first begins to supply any services.
Amendment 834 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 4 – point a a (new)
Article 31 – paragraph 4 – point a a (new)
(aa) partly without reopening of competition in accordance with point (a) where the framework agreement sets out all the terms governing the provision of the works, services and supplies concerned; and partly with reopening of competition amongst the economic operators parties to the framework agreement in accordance with point (b), regardless of whether the framework agreement sets out all the terms governing the provision of the works, services and supplies concerned. A framework agreement may be performed in accordance with this point only where this possibility has been stipulated by the contracting authority in the procurement documents. Where all the terms governing their provision are set out in the framework agreement, the choice of whether specific works, supplies or services shall be acquired following a reopening of competition or directly on the terms set out in the framework agreement, shall be made pursuant to objective criteria, which shall be set out in the specifications of the framework agreement. The specifications of the framework agreement shall also specify which terms may be subject to reopening of competition.
Amendment 919 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or when those do not exist national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘'or equivalent’';
Amendment 923 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process or development or business model or method, or to trade marks, patents, types or a specific origin or production withor location of production, as any such reference would have the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall systematically be accompanied by the words ‘"or equivalent’. ".
Amendment 995 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Amendment 1047 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner. Only violations where the judgement has been administered by a judicial or competent authority in the Union or a signatory to the WTO GPA agreement can be used to exclude bids under this article.
Amendment 1155 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question and, wherever possible, on the basis of the monetisation of the life cycle as defined in Article 2, point 22. Those criteria shallmay include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 1187 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
Amendment 1210 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point a
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs, and end of life, such as collection and recycling costs and relating to use, such as maintenance and resource efficiency costs (including energy efficiency), end-of-life recycling and collection costs, and social impact costs where these relate to performance of the contract. Internal costs also include considerations of efficient design, planning and process costs such as the use of electronic means.
Amendment 1307 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social andclude economic, innovative, environmental or social considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract. However, none of those special conditions shall result in loosing the link to the subject matter of the contract.
Amendment 1329 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 1338 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
Amendment 1347 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. Contracting authorities shall ensure that successful tenderers are contractually obliged to comply in the course of performance of the contract with mandatory legal, regulatory or administrative provisions in force in the Member State of contract performance. Furthermore, where the successful tenderer subcontracts a part of the works, supplies or services, and where, in the course of performance of the contract, the provisions referred to in the first subparagraph have been breached by any subcontractor as established by a Court or other competent authority, the successful tenderer shall take effective, proportionate and dissuasive contractual sanctions against the subcontractor(s) concerned; Where the successful tenderer has failed to comply with the obligations set out in the first and/or second subparagraphs within three months of the initial ruling of the Court or other competent authority, the contracting authority shall refer the matter to the Court or other competent authority for a decision on appropriate sanctions.
Amendment 1364 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1392 #
2011/0438(COD)
Proposal for a directive
Article 74
Article 74
Amendment 1403 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice. any of the following means: (a) by means of a contract notice, which shall contain the information referred to in Annexes VI Part H, in accordance with the standard forms; (b) by means of a prior information notice, which shall be published continuously according to Article 49 and contain the information set out in Annex VI part I. The prior information notice shall refer specifically to the services that will be the subject of the contracts to be awarded. It shall indicate that the contracts will be awarded without further publication and invite interested economic operators to express their interest in writing.
Amendment 1405 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice. , which shall contain the information referred to in Annexes VI Part J, in accordance with the standard forms.
Amendment 1408 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard formsCommission shall establish the standard forms referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.
Amendment 1414 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
Amendment 1419 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2this Article shall be published in accordance with Article 49.
Amendment 1429 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member States shall put in place appropriate procedurnational rules for the award of contracts subject to this Chapter, ensuring full in order to ensure contracting authorities compliancey with the principles of transparency and equal treatment of economic operators and allowing. Member States are free to determine the procedural rules applicable as long as such rules allow contracting authorities to take into account the specificities of the services in question.
Amendment 1447 #
2011/0438(COD)
Proposal for a directive
Title 4 – title
Title 4 – title
Amendment 1451 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1
Article 83 – paragraph 1
Amendment 1452 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Member States shall ensure that the application of public procurement rules is monitored including the implementation of projects co-financed by the Union with a view to detecting threats to the financial interests of the Union. This monitoring shall be used to prevent, detect and adequately report possible instances of procurement fraud, corruption, conflict of interest and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.
Amendment 1453 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 b (new)
Article 83 – paragraph 1 b (new)
1b. The results of the monitoring activities pursuant to paragraph 2 shall be made available to the public through appropriate means of information. In particular, Member States shall publish, at least biennially, an overview of the most frequent sources of wrong application or of legal uncertainty, including possible structural or recurring problems in the application of the rules, hereunder possible cases of fraud and other illegal behaviours. Member States shall transmit to the Commission on a biennial basis, a general overview of their national sustainable procurement policies, describing the relevant national action plans and initiatives and, where known, their practical implementation. They shall also indicate the success rate of SMEs in public procurement; where it is lower than 50 % in terms of values of contracts awarded to SMEs, Member States shall indicate whether any initiatives are in place to increase this success rate. On the basis of the data received, the Commission shall regularly issue a report on the implementation and best practices of such policies in the Internal Market.
Amendment 1454 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 c (new)
Article 83 – paragraph 1 c (new)
Amendment 1455 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 d (new)
Article 83 – paragraph 1 d (new)
1d. Member States shall ensure that guidance on the interpretation and application of the Union public procurement law is available free of charge to assist contracting authorities and economic operators in correctly applying the Union public procurement rules.
Amendment 1456 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 e (new)
Article 83 – paragraph 1 e (new)
1e. Member States shall, without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, designate a contact point for cooperation with the Commission as regards the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union.
Amendment 1457 #
2011/0438(COD)
Proposal for a directive
Article 83 – paragraph 1 f (new)
Article 83 – paragraph 1 f (new)
1f. Contracting authorities shall, at least for the duration of the contract, keep copies of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. They shall grant access to these contracts in accordance with any applicable rules on access to documents and data protection.
Amendment 1461 #
2011/0438(COD)
Proposal for a directive
Article 84
Article 84
Amendment 1505 #
2011/0438(COD)
Proposal for a directive
Article 85 – title
Article 85 – title
Individual rReports on procedures for the award of contractsing
Amendment 1507 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – point b
Article 85 – paragraph 1 – point b
(b) where applicable, the results of the qualitative selection and/or reduction of numbers pursuant to Article 64 and 65, namely: (i) the names of the selected candidates or tenderers and the reasons for their selection; (ii) the names of the successful candidates or tenderers rejected and the reasons for their selrejection;
Amendment 1508 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – point c
Article 85 – paragraph 1 – point c
Amendment 1509 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – point e
Article 85 – paragraph 1 – point e
(e) the name of the successful tenderer and the reasons why its tender was selected and, where known, the share of the contract or framework agreement which the successful tenderer intends to subcontract to third parties;
Amendment 1513 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 a (new)
Article 85 – paragraph 1 a (new)
To the extent that the contract award notice drawn up pursuant to Article 48 contains the information required in this paragraph, contracting authorities may refer to that notice.
Amendment 1515 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall documentensure that they dispose of sufficient documentation to justify decisions taken in all stages inof the procurement procedure, including allsuch as documentation on communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 1520 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversight bodyauthorities or structures referred to in Article 83 where they so request.
Amendment 1528 #
2011/0438(COD)
Proposal for a directive
Article 86 – title
Article 86 – title
National reporting and lists of contracting authorities
Amendment 1529 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The bodies established or appointed in accordance with Article 84Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 1532 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point a
Article 86 – paragraph 2 – point a
(a) a complete and up-to-date list of all central government authorities, sub-central contracting authorities and bodies governed by public law, including sub- central authorities and associations of contracting authoritieswhich have awardinged public contracts or concluded framework agreements during the year concerned, indicating for each authority the unique identification number where such number is provided for in national legislation; this list shall be grouped by type of authority;
Amendment 1534 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point b
Article 86 – paragraph 2 – point b
(b) a complete and up-to-date list of all central purchasing bodies which have awarded public contracts or concluded framework agreements during the year concerned;
Amendment 1535 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point c – introductory part
Article 86 – paragraph 2 – point c – introductory part
(c) for all contracts above the thresholds laid down in Article 4 of this Directive:, the estimated number and value of contracts awarded during the year concerned, broken down for each type of authority by procedure and by works, supplies and services.
Amendment 1536 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point c – point i
Article 86 – paragraph 2 – point c – point i
Amendment 1537 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point c – point ii
Article 86 – paragraph 2 – point c – point ii
Amendment 1538 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point d
Article 86 – paragraph 2 – point d
(d) for all contracts which fallprocurement below the thresholds laid down in Article 4 of this Directive, but which would be covered by this Directive if theirits value exceeded the threshold, the number and value of contracts awarded broken down by each type of authorityan estimation of the aggregated total value of the procurement during the year concerned. This estimation may in particular be based on data available under national publication requirements.
Amendment 1539 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 1541 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 5
Article 86 – paragraph 5
5. The Commission shall establish the standard form for the annual implementation and statistical report referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.
Amendment 1544 #
2011/0438(COD)
Proposal for a directive
Article 87
Article 87
Amendment 1552 #
2011/0438(COD)
Proposal for a directive
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1586 #
2011/0438(COD)
Proposal for a directive
Annex 16
Annex 16
CPV Code Description 79611000-0; 75200000-8; 75231200-6; Health, social and related services 75231240-8; from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2); 98133100-5 and 98200000-5 75121000-0, 75122000-7, 75124000-1; Administrative educational, healthcare and from 79995000-5 to 79995200-7; from cultural services 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1); from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) 75300000-9 Compulsory social security services 75310000-2, 75311000-9, 75312000-6, Benefit services 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 98000000-3; 55521100-9 Other community, social and personal services 98120000-0 Services furnished by trade unions 98131000-0 Religious services 98131000-0 Religious services from 61000000-5 to 61530000-9; from Transport by water 63370000-3 to 63372000-7 62400000-6, 62440000-8, 62441000-5, Supporting and auxiliary transport 62450000-1; from 63000000-9 to services 63600000-5 (except 63370000-3, 63371000-0, 63372000-7); 74322000-2, 93610000-7 from 74500000-4 to 74540000-6 (except Personnel placement and supply services 74511000-4); from 95000000-2 to 95140000-5 from 74600000-5 to 74620000-1 Investigation and security services, other than armoured car services from 74875000-3 to 74875200-5, and Recreational, cultural and sporting from 92000000-1 to 92622000-7 (except services 92230000-2)
Amendment 288 #
2011/0437(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) An operating risk must stem from the factors which are outside the control of the parties and thus can not result from inappropriate performance of the contract by any of the parties to the contract. An operating risk may consist in either a demand risk or an availability risk, or both a demand and availability risk. Demand risk is to be understood as the risk on actual demand for the services which are the object of the contract. Availability risk is to be understood as the risk on the supply of the works or services which are the object of the contract, in particular the risk that the supply of the services will not match demand and the risk of liability for harm or damage resulting from the inadequacy of the works or services. This risk of inadequate supply, or liability, may arise from the decisions of the concessionaire about the capital investments and other investments needed in order to perform the concession, and may lead to a risk that the insufficient supply or inadequacy of the works and services adversely affects the concessionaire's ability to make a return on investment within the duration of the concession contract.
Amendment 296 #
2011/0437(COD)
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 aggregateWhile calculating the estimated 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. Itracting authorities and entities should take account of the total value of the concessions which are part of one single concession project from the point of view of a potential concessionaire. An indications for of the existence of onea single project can for instance consist in overall prior planning and conception by the contracting authority,onsist in the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked, require similar types of investment by the concessionaire, and require a concession of a similar start date and duration.
Amendment 322 #
2011/0437(COD)
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 should 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.
Amendment 332 #
2011/0437(COD)
Proposal for a directive
Recital 20
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.
Amendment 338 #
2011/0437(COD)
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 service, and other services of limited cross border dimension such as certain legal, hotel, and catering services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific 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 should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring 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 374 #
2011/0437(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to adapt to rapid technical and economic developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of a number of non- essential elements of this Directive. In fact, the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication, such as the submission of three- dimensional digital representations when tendering for a works concession, to ensure the interoperability of technical formats, processes and messaging in concession award procedures conducted using electronic means of communication taking into account technological developments and administrative needs. Furthermore, the list of legislative acts of the Union establishing common methodologies for the calculation of life- cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.
Amendment 388 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of this Directive is subject to Articles 36, 51, 52, 62 and 346 TFEU.
Amendment 421 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘'electronic means’' means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.; in the case of a works concession, 'electronic means' shall also refer to the use of interoperable three-dimensional representations covering the design, execution and the operation of the building or infrastructure;
Amendment 429 #
2011/0437(COD)
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 impliyrequire the transfer to the concessionaire of the substantial operating risk. The concessionaire shall be deemed to assume the substantial 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. Where the concession is in a sector of activity subject to rules or regulation which limit the financial risk involved in the operation of the concession, the concessionaire shall nevertheless be deemed to assume the substantial operating risk where the concessionaire assumes all, or at least a significant share, of the operating risk faced by the contracting authority or entity even if that risk is, from the outset, very limited on account of the detailed rules of public law governing that service.
Amendment 442 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
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 5 000 000:
Amendment 445 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) concessions concluded by contracting entities forEUR 5 000 000 where the pdursuit of atione of the activities referred to in Annex III;concession does not exceed five years
Amendment 447 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) concessions concluded by contracting authoritiesEUR 1 000 000 multiplied by the maximum duration of the concession in calendar years, where the intended duration, not including any permitted extension, exceeds five years. Where the intended duration is not a round number of years, the duration shall be rounded down to the nearest complete calendar month and the threshold rounded down to the nearest EUR 80 000. The intended duration for the calculation of the threshold shall be that set out in the concession notice, or where a call is not foreseen, the duration estimated at the moment the contracting authority or entity commences the concession award procedure, for instance by contacting economic operators in relation to the procurement.
Amendment 448 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall review the thresholds established in paragraph 1, points (a) and (b), every two years from the entry into force of this Directive and if necessary revise them in accordance with the procedure laid down in this Directive. The thresholds shall be increased by the compound average annual inflation rate as measured by the Harmonised Index of Consumer Prices for the European Union defined in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonized indices of consumer prices, and published by Eurostat, using the most recently published index prior to the date of the review under this Article. The value of the thresholds thus revised, shall where necessary, be rounded down to the nearest EUR 100 000.
Amendment 449 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 498 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Subject to Article 346 of the Treaty on the Functioning of the European Union, this Directive shall not apply to the awarding of concessions in the fields of defence and security to, with the extent that the protection of the essential security interests of a Member State cannot be guaranteed by the rules provided for in this Directive. ception of the following contracts: (a) concessions for which the application of the rules of this Directive would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security, (b) concessions awarded in the framework of a cooperative programme referred to in Article 13(c) of Directive 2009/81/EC, (c) contracts awarded by a government to another government relating to works and services directly linked to military equipment or sensitive equipment, or works and services specifically for military purposes, or sensitive works and sensitive services; (d) concessions awarded in a third country, carried out when forces are deployed outside the territory of the Union where operational needs require them to be concluded with economic operators located in the area of operations.
Amendment 499 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. This Directive shall not apply to concession contracts not otherwise exempted under paragraph 4 where: (a) the protection of the essential security interests of a Member state cannot be guaranteed in a procurement procedure as provided for in this Directive; (b) the application of this Directive would oblige the Member State to supply information the disclosure of which it considers essential to its security interests; or (c) the procurement and performance of the concession contract must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned.
Amendment 685 #
2011/0437(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
For concessions lasting more than 5 years, the maximum duration of the concession shall not exceed the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a return on invested capital. This estimate shall be carried out by the contracting authority or entity, acting reasonably, at the moment at which the concession notice is sent, or, where a call is not foreseen, the duration estimated at the moment the contracting authority or entity commences the concession award procedure, for instance by contacting economic operators in relation to the procurement.
Amendment 690 #
2011/0437(COD)
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 694 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WSubject to subparagraphs 5a(new) and 5b(new), where contracts have as their object concessions covered by this Directive as well as procurement or other elements not covered by it nor by Directives [replacing 2004/17/EC and Directive 2004/18] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with this Directive. However, when the different parts of the contract are objectively not separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 699 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
In the case of concessions subject to this Directive and contracts subject to [Directive 2004/18/EC or 2004/17/EC] or 2009/81/EC21, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with the provisions thereof.
Amendment 701 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. In the case of contracts which have as their object concessions covered by this Directive and Directive 2009/81/EC as well as concessions or other elements not being subject to either Directive, the contract shall not be subject to this Directive provided that the award of a single contract is justified for objective reasons. The decision to award a single contract may not, however, be taken for the purpose of excluding contracts from the application of this Directive.
Amendment 702 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
5b. Where the different parts of such contracts are not objectively separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 703 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 c (new)
Article 18 – paragraph 5 c (new)
5c. In the case of contracts which have as their object concessions covered by this Directive as well as concessions or other elements covered by Directive 2009/81/EC, the contract shall be awarded in accordance with Directive 2009/81/EC provided that the award of a single contract is justified for objective reasons.
Amendment 736 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Contracting authorities and contracting entities wishing to award a concession for social and other specific services listed in Annex X shall make known their intention of planned concession award through the publication of a prior information notice as soon as possible after the beginning of the budgetary year. Those notices shall contain the information set out in Annex XIII.
Amendment 771 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The technical specifications as defined innd/or functional requirement shall be set out in the concession documents and shall comply with the porint 1 of Annex VIII shall be set out in the concession documents. They shall define the characteristics requirciple of equal access of economic operators to the concession award procedure and shall not have the effect of creating unjustified obstacles to the opening up of concessions to competition. In particular, unless justified by the subject-matter of the contract, technical specifications and/or functional requirements shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, ofn a works, service or supply.. n exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract is not possible; such reference shall be accompanied by the words "or equivalent".
Amendment 772 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Amendment 773 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
Amendment 774 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 775 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 5
Article 32 – paragraph 1 – subparagraph 5
Amendment 776 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 777 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 779 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 780 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 781 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 6 – subparagraph 1
Article 32 – paragraph 6 – subparagraph 1
Amendment 782 #
2011/0437(COD)
Proposal for a directive
Article 32 – paragraph 6 – subparagraph 2
Article 32 – paragraph 6 – subparagraph 2
Amendment 911 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 5 and where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications. An increase in the actual sums received by the concessionaire from third parties compared to the sums estimated by the contracting authority or entity at the commencement of the procurement process shall not comprise a modification to the contract
Amendment 66 #
2011/0156(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The categories of food covered by this Regulation are subject to the general labelling provisions laid down by Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1, without prejudice to the specific requirements on labelling, presentation and advertising provided for in this Regulation and to be adopted as delegated acts. It is reasonable to extend the transitional period for labelling changes provided for in Regulation (EU) No 1169/2011 for categories of foods covered by this Regulation, in line with the dates of application of the delegated acts, _______________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 126 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. To permit efficient official monitoring a food business operator placing foods referred to in Article 1(1) on the market shall notify the competent authority of the Member State where he places such foods on the market by forwarding it a model of the label used for the product.
Amendment 144 #
2011/0156(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The Commission, in close cooperation with the European Food Safety Authority, shall make available appropriate technical guidance and tools to assist food business operators, in particular SMEs, in the preparation and presentation of the application for scientific assessment.
Amendment 102 #
2011/0150(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 120 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification established by consensus and approved by a recognised organisation for repeated or continuous applicationuse, with which compliance is not compulsory, and which is one of the following:
Amendment 126 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) ‘'European standard’' means a standard adopted by one of the European sStandardisation bodies; Organisations with an obligation to implement it as an identical national standard and to withdraw conflicting national standards;
Amendment 174 #
2011/0150(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Access of SMEs to standards 1. National Standardisation Organisations shall promote and facilitate the access of SMEs to standards and their development, in particular, through; (a) making available free of charge on their website abstracts of standards; (b) applying special rates for the provision of standards to SMEs and providing bundles of standards at a reduced price; (c) identifying, in their annual work programmes, the standardisation projects which are of particular interest for SMEs; (d) providing special rates to SMEs for participation in standardisation activities; 2. National Standardisation Organisations shall send an annual report to the European Standardisation organisations with regard to their actions to comply with the requirements laid down in paragraph 1 and all other measures to improve the participation of SMEs in their standardisation activities. They shall publish that report on their website.
Amendment 176 #
2011/0150(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Access of SMEs to standards 1. National Standardisation Organisations shall promote and facilitate the access of SMEs to standards and their development, in particular through: (a) making available free of charge on their website abstracts of standards; (b) applying special rates for the provision of standards to SMEs and providing bundles of standards at a reduced price; (c) identifying, in their annual work programmes, the standardisation projects which are of particular interest for SMEs; (d) providing free access to draft standards for SMEs to participate in standardisation activities; (e) give access to SMEs to standardisation activities without obliging them to become a member; (f) give SMEs the possibility to apply at technical committee level for an exemption from the contribution to cover costs. 2. National Standardisation Organisations shall send an annual report to the European Standardisation Organisations with regard to their actions to comply with the requirements laid down in paragraph 1 and all other measures to improve the participation of SMEs in their standardisation activities. They shall publish that report on their website.
Amendment 182 #
2011/0150(COD)
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Article 5 c Participation of public authorities in European Standardisation Member States shall encourage participation of public authorities, in particular market surveillance authorities, in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 7(1).
Amendment 209 #
2011/0150(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognition and use of technical specifications in the field of ICT
Amendment 212 #
2011/0150(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognitionferencing of technical specifications in the field of ICT
Amendment 215 #
2011/0150(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decideMember State or on its own initiative the Commission may decide, after consultation with the European Standardisation Organisations, to recognise and use ICT technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 217 #
2011/0150(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide to recognisference technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 252 #
2011/0150(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Review This regulation shall be reviewed five years after its entry into force to assess progress against its objectives.
Amendment 261 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – point 3 – point f a (new)
Annex 2 – point 3 – point f a (new)
(fa) coherence: the specifications are not in conflict with existing European or international standards.
Amendment 263 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – point 3 – point f b (new)
Annex 2 – point 3 – point f b (new)
(fb) legitimation process: the specifications have been approved following a legitimation process, including a public enquiry involving the European and national standardisation bodies.
Amendment 67 #
2010/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the creation of EU project bonds in order to support long-term innovation in the Single Market as long as appropriate risk management structures are in place and their use is accompanied by full disclosure of all potential liabilities;
Amendment 102 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses in e-commerce, namely by harmonizing contract law where possible and by facilitating cross- border debt recovery;
Amendment 139 #
2010/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to improve SMEs‘ access to capital markets by increasstreamlining information available on different EU financing opportunities such as those provided by the Competitiveness and Innovation Programme, the European Investment Bank or the European Investment Fund and by making funding procedures easier, quicker and less bureaucratic;
Amendment 167 #
2010/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that a common consolidated corporate tax base wcould increase the transparency and comparability of corporate tax rates, thus reducing the obstacles to cross-border activities;
Amendment 206 #
2010/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 216 #
2010/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 10 #
2010/2051(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas it is necessary to develop a strategic approach to European standardisation and review the current system in order for it to remain successful and respond to the needs of the forthcoming decade,
Amendment 17 #
2010/2051(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that these principles could be complemented by additional attributes such as maintenance, availability, quality, neutrality and accountability; believes that all those principles need to be further detailed and defined, and a specific monitoring system must be introduced to ensure their implementation at national and European level in the development of standards in support of EU policies and legislation;
Amendment 37 #
2010/2051(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates that it is essential for European standards to be developed within a reasonable period of time, in particular in those areas where standards are needed quickly in order to meet the requirements of public policies and rapidly changing market conditions; invites, therefore, the European and national standards bodies to continue improving their efficiency and effectiveness, bearing in mind that the acceleration of the standardisation process must not take place to the detriment of the principles of openness, quality, transparency and consensus among all interested parties;
Amendment 38 #
2010/2051(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Believes that the standardisation process will be partly accelerated through a better consultation between the Commission and the ESOs prior to issuing a mandate, which will enable them to respond quicker, preferably within a two-month period, about their possibility to undertake a standardisation work;
Amendment 39 #
2010/2051(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes the importance of the Directive 98/34 Committee as a forum between the European Commission and the Member States in the discussion of issues related to technical regulations and standardisation; considers that European Parliament representatives should be invited to the meetings of this Committee (or its successor body) which should be also, where appropriate, open to the observership of the European and national standardisation bodies and European-level stakeholder organisations, especially during the discussion of standardisation mandates;
Amendment 42 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to check standards against delivery in a more thorough way in order to ensure that they meet the requirements of the mandate, in particular when the standards are used for the purposes of ‘New Approach’ legislation, while ensuring that no significant delay shall be added to the standards approval; intends to examine – in the context of the forthcoming review of the European Standardisation System – the possibility of extending to the Parliament the right, currently accorded to the Commission and Member States, to dispute a harmonised standard which does not appear to entirely satisfy the essential requirements of the corresponding legislation;
Amendment 43 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Asks the Commission, for the sake of transparency, to make decisions on formal objections to standards public in a consolidated way, and make available an updated table of all actions in relation to formal objections; calls also on the Commission to present an annual report on the standardisation mandates and the progress on their fulfilment;
Amendment 44 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Invites the ESOs to reinforce their existing appeal mechanisms which are meant to be used should a disagreement over a standard arise; notes that the current mechanisms may not always be effective as their composition reflects in practice the position of those that approved a standard; proposes, therefore, to enlarge the composition with the participation of external independent experts and/or European societal stakeholders that are currently associate members or cooperating partners of the ESOs;
Amendment 45 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Is aware that the current system of EU funding in support of European standardisation often leads to frustration in terms of rule changes, the large cost of auditing and delays in the authorisation of payments; stresses that there is an urgent need to reduce these costs and the high administrative burden that at times outweigh the benefits of the provided financial support, while respecting EU financial rules; considers that the Commission and the ESOs could improve their cooperation in order to guarantee a stable and user-friendly framework for the EU financial contribution to European standardisation which will increase significantly the efficiency of the system;
Amendment 46 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Expresses its support for the Keymark, a voluntary European certification mark, owned by CEN/CENELEC, which demonstrates compliance with European standards; stresses that the Keymark is a valuable alternative to the various national certification schemes that entail multiple testing and marking of products in several Member States and can therefore become a barrier to trade within the Internal Market and cause significant costs for small companies that may be reflected in higher prices for the consumer; encourages, therefore, national standards bodies, and other national certification bodies, to promote the Keymark as an alternative to national certification schemes; calls also for a pan-European information campaign in order to raise awareness amongst business and consumers about the benefits of the Keymark;
Amendment 76 #
2010/2051(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Commends the initiative of CEN and CENELEC to introduce a peer assessment process in order to evaluate the correct application by the NSBs of the WTO principles (and additional attributes) and to encourage continuous improvement and exchange of good practice; stresses that this project should serve as an effective tool for the strengthening of the NSBs and the improved participation of all relevant stakeholders at national level; believes that this project should involve all NSBs and be underpinned by independent audits; invites CEN and CENELEC to prepare and make publicly available a report on the results of the peer assessment process;
Amendment 87 #
2010/2051(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the ESOs and Member States to provide periodically to the Commission a progress report on their actions to ensure balanced representation in the technical bodies responsible for the development of mandated standards, which should be based on specific reporting requirements; stresses that these reports should subsequently feed into a Commission report on the efforts undertaken by the European and national standardisation organisations and the results achieved;
Amendment 88 #
2010/2051(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Invites NSBs to provide free access to standardisation committees for the weaker stakeholders and develop tools to improve stakeholder involvement, including a free- of-charge easy-to-use online consultation mechanism for all new standards proposals; encourages NSBs to ensure communication beyond the system boundaries, especially for public enquiries on new standards, given that public enquiries are usually directed at the current participants of the system;
Amendment 92 #
2010/2051(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on NSBs to follow the ISO Code of Ethics in order to ensure that the impartiality of standards is not endangered from other activities such as certification or accreditation;
Amendment 101 #
2010/2051(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the ongoing initiative of the ESOs to draw up and publish on-line, without any access restriction, a summary of all their standards, and asks for the fast completion of this project; stresses, however, that this project should be also implemented at national level, in order to enable standards users to obtain information on the items covered by each standard in their own language via the web-site of NSBs;
Amendment 102 #
2010/2051(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Underlines the importance of providing standards into all EU official languages in order to ensure proper understanding by users; calls on the Commission to further support, and simplify the financial arrangements for, the translation of harmonised standards;
Amendment 104 #
2010/2051(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the need to promote the inclusion of standardisation in academic curricula, education and lifelong learning programmes in order to raise awareness amongst current and prospective economic operators and policy makers about the importance and benefits of standards; encourages actions aimed to assess, quantify and communicate the economic and social benefits of standardisation;
Amendment 109 #
2010/2051(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Reaffirms that tackling climate change and other future global energy and environmental challenges implies developing and promoting clean technologies and green products; considers, therefore, that there is an urgent need to integrate environmental aspects into all relevant products and services, and that the European Standardisation System needs to develop an improved system to ensure such aspects are properly addressed when standards are developed; stresses the need to promote the active involvement in standardisation committees – at national and European level – of environmental organisations and public authorities responsible for environmental protection;
Amendment 110 #
2010/2051(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Points out that both intellectual property rights (IPRs) and standardisation encourage innovation and facilitate the dissemination of technology; emphasises that a correct balance should be established between the interests of the users of standards and the rights of owners of intellectual property; calls on European and national standards bodies to be particularly vigilant when developing standards based on proprietary technologies, in order to allow broad access to all users; stresses the need to ensure that licenses for any essential IPRs contained in standards are provided on fair, reasonable and non-discriminatory conditions; encourages owners of intellectual property to apply royalty-free policies in order to promote the broad implementation of the standards;
Amendment 118 #
2010/2051(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Supports the secondment of two European standardisation experts to China and India with the aim to support the ESOs, promote European standards and provide feedback on the standardisation systems of these countries;
Amendment 34 #
2009/0054(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days. Staggered payments should be allowed where this is objectively justified in the light of the particular nature or features of the contract, such as in the case of large construction projects, but should not be allowed to be used by public authorities as a means of undermining the principles or rules laid down in this Directive.
Amendment 48 #
2009/0054(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Union institutions are in a situation comparable to that of the public authorities of the Member States with regard to their financing, payments of subsidies and grants and commercial relationships. The payment periods for public authorities as set out in this Directive accordingly apply to the European Union institutions.
Amendment 132 #
2009/0054(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 170 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duobjectively justified in the light of the particular circumstances such as an objective need to schedule payment over a longer periodnature or features of the contract. Except in the case of staggered payment arrangements, the period of payment shall never exceed 60 days. Debtors should also not be allowed to use staggered payment arrangements as a means of undermining the rules and principles laid down in this Directive.
Amendment 247 #
2008/0196(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 267 #
2008/0196(COD)
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers areContracts which are concluded away from the business premises of the trader are characterised by the fact that the consumer is not prepared for the negotiations of the contract and is under psychological pressure no matterregardless whether they/she haves solicited the trader'’s visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. However, contracts which, according to the provisions of the Member States, are authenticated by a public official, do not present a situation where the consumer is put under such exceptional psychological pressure. Such contracts are hence neither considered as off-premises contracts nor as distance contracts within the meaning of this directive.
Amendment 472 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
(b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumer with the exception of contracts which, according to the provisions of the Member States, are authenticated by a public official who is bound by the law to be independent and impartial and to guarantee, by providing detailed legal information, that the consumer only concludes the contract after due reflection and in full awareness of its legal scope (authentic instrument).
Amendment 529 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This directive shall be without prejudice to the application of the provisions of the Member States relating to the formation, acquisition or conveyancing of rights in rem in immovable property or guarantees in rem in immovable property.
Amendment 730 #
2008/0196(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 757 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any pre- contractual formal requirements other than those provided for in paragraphs 1 and 2.
Amendment 765 #
2008/0196(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 819 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any pre- contractual formal requirements other than those provided for in paragraphs 1 to 4.
Amendment 1030 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) for the sale of immovable property or relating to other immovable property rights, except for rental anor in connection with the sale or acquisition of immovable property or the formation or transfer of rights in rem or contracts in the context of a sale of immovable property or the formation or transfer of rights in rem. This includes, in particular, agreements connected with such legal acts, such as sales of immovable property still to be developed works relating to hire-purchase. This directive shall, however, apply to contracts for mere rental of immovable property or mere works on immovable property;
Amendment 1456 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumerrequirements on the presentation of contract terms, except for presentational requirements in relation to persons with disabilities. This Article does not affect the freedom of the Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.