13 Amendments of Antonio CANCIAN related to 2013/0028(COD)
Amendment 52 #
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure sound financing to meet the objectives of public transport plans, competent authorities need to design public service obligations to attain public transport objectives in a cost-effective manner taking account of the compensation for the net financial effect of those obligations and they need to ensure long- term financial sustainability of public transport provided under public service contracts. That includes avoiding both over- and under-compensation caused by the substance of the public service obligations or the failure of the competent authority to meet its financial commitments. Public service obligations may include networks in which some services can be operated with a fair profit without financial compensation; the inclusion of such services should not result in compensation payments exceeding the amount necessary for providing the whole range of services.
Amendment 78 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The principle of reciprocity is an important way to combat distortion of competition; this principle should be applied not only to Member States, to enable them to exclude from competitive tenders organised by the relevant authorities any firms that are registered or located in a country that does not allow the relevant authorities in its territory to award public service contracts through competitive tendering procedures, but also to companies in third countries that wish to take part in tender procedures within the Union.
Amendment 80 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) In order for public and private companies – which operate on the basis of special or exclusive rights granted to them by a competent authority through a tender procedure – to be treated in a uniform manner, these companies should be excluded from the scope of Directive (EU) No .... / ... on procurement by entities operating in the water, energy, transport and postal services sectors.
Amendment 253 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 1035 million train-km or one third of the total national public rail passenger transport volume under public service contract."
Amendment 282 #
Proposal for a regulation
Article 1 – point 4 – point –a c (new)
Article 1 – point 4 – point –a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(-ac) the following paragraph is inserted: 3a. Member States may exclude from the competitive tendering procedure any operators or undertakings that are controlled, directly or indirectly, by any person or persons from a third country or third countries unless those countries have measures that allow contracts to be awarded through competitive tendering to EU undertakings. For the purpose of this paragraph, control shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.
Amendment 283 #
Proposal for a regulation
Article 1 – point 4 – point –a c (new)
Article 1 – point 4 – point –a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(-ac) the following paragraph is inserted: “3a. Member States may exclude from competitive tenders organised by the competent authorities in their territory, pursuant to paragraph 3 of this article, any undertakings or subsidiaries controlled by such undertakings directly or indirectly, that are registered in a Member State in which the competent authorities are not permitted to award public service contracts through competitive tendering procedures, pursuant to paragraph 6 of this article. For the purpose of this paragraph, control shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.”
Amendment 338 #
Proposal for a regulation
Article 1 – point 4 – point b a (new)
Article 1 – point 4 – point b a (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
(ba) the following paragraph is inserted: “6a. Railway undertakings that are awarded public service contracts in accordance with the competitive tendering procedures provided for in this regulation shall be excluded from the scope of Directive EU/.../... on procurement by entities operating in the water, energy, transport and postal services sectors.
Amendment 348 #
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Member States shall in compliance with State aid rules take the necessary measures to ensure effective and non-discriminatory access conditions to suitable rolling stock for public passenger transport by rail for operators wishing to provide public passenger transport services by rail under public service contract.
Amendment 358 #
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 1
Article 5 a (new) – paragraph 2 – subparagraph 1
Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non- discriminatory and commercially viable conditions to all of the public rail passenger transport operators concerned do not exist in the relevant market, Member States shall ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules, when operators intending and able to participate in tendering procedures for public service contracts so request in order to be able to participate in tendering procedures.
Amendment 366 #
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – point a
Article 5 a (new) – paragraph 2 – subparagraph 2 – point a
(a) by acquiring at market price itself the rolling stock used for the execution of the public service contract with a view to making it available to the selected public service operator at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex,
Amendment 369 #
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – point c
Article 5 a (new) – paragraph 2 – subparagraph 2 – point c
(c) by committing in the public service contract to take over of the rolling stock at the end of the contract at market price. The prior written consent of the owning incumbent is required before this commitment is enforced.
Amendment 371 #
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – point c a (new)
Article 5 a (new) – paragraph 2 – subparagraph 2 – point c a (new)
(ca) by ensuring that all the operator concerned have effective, non- discriminatory and commercially viable conditions to leasing of rolling stock for the PSO contract concerned;
Amendment 406 #
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event, not continue after 31 December 20225.