7 Amendments of Antonio CANCIAN related to 2011/0437(COD)
Amendment 8 #
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contractscontracts concerning rights in rem over immovable property, including public property, whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. .
Amendment 10 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Given that concessionaires bear a substantial operating risk, they must be free to select what they consider to be the best ways of performing the contract, that is to say directly by them, or in collaboration with sister companies, or by subcontracting freely to third parties.
Amendment 18 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) In line with the case law established by the Court of Justice of the Union, this directive applies to concessions awarded after its entry into force.
Amendment 21 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a 'public (a) a 'works concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of work, under which one or more contracting authorities or bodies entrust the execution of the works for which they are responsible to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment; (b) ‘’services concession’ means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or bodies entrusts the operation of a service for which they are responsible to one or more economic operators, where the consideration for the the works to be carried outis delegation consists either solely in the right to exploit the workservices that are the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of the substantial economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 43 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. In the concession documents, the contracting authority or contracting entitygrantor may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subconcessionaires. The selection of subcontractors shall be updated in the course of the concession contract, subject to replacements and changes.
Amendment 47 #
Proposal for a directive
Article 42 – title
Article 42 – title
2. A modification of the provisions of a concession during its term shall be considered substantial within the meaning of paragraph 1, where it renders the concession substantially different from the one initially concluded. In any case, without prejudice to paragraph 3 and 4, agranted after entry into force of this directive shall require a new procurement procedure under this directive. A modification shall be considered substantial where one of the following conditions is met:
Amendment 49 #
Proposal for a directive
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)