9 Amendments of Yannick JADOT related to 2011/0438(COD)
Amendment 34 #
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 44 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to public service contacts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 45 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 46 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 47 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemen, subject to the contract;
Amendment 50 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. UnlessWhen justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, or a particular process which characterises the products or services, or to trade marks, patents, types or a specific origin or production with 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 be accompanied by the words ‘'or equivalent’'.
Amendment 62 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.
Amendment 63 #
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. Those criteria shall 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 66 #
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) the contracting authority may also include the necessary price element within the criterion of the economically most advantageous tender by setting a fixed price or cost on the basis of which economic operators will compete on pure quality criteria.