40 Amendments of Jolanta Emilia HIBNER related to 2011/0437(COD)
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect to concessions whose value is estimated to be not less than the thresholds laid down in Article 5.(Does not affect English version.)
Amendment 59 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4e execution of works within the meaning of point 5 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment.
Amendment 60 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) '‘candidate’ means an economic operator that has sought an invitation or has been invited to take part in a concession award procedure ;
Amendment 61 #
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 paragraphaward of a concession shall impliy 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.
Amendment 63 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – introductory part
Article 2 – paragraph 2 – subparagraph 2 – introductory part
That economic risk may, in particular, consist in either of the following:
Amendment 64 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – point b
Article 2 – paragraph 2 – subparagraph 2 – point b
(b) the risk related to the availability of the infrastructure provided by the concessionaire or used for the provision of services to userof insolvency of the users of the services or construction works.
Amendment 69 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Services concessions the value of which is equal to or greater than EUR 2 54 000 000 but lower than EUR 5 000 000 other than social services and other specific services shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28.
Amendment 71 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The cvalculation of the estimated value of a concession shall be based on the total amount payable, net of VAT, as estimated by the contracting authority or the contracting entity, including any form of option and any extension of the duration of the concessionue of concessions shall include both the estimated revenue to be received from third parties and the amounts to be paid by the contracting authority or the contracting entity.
Amendment 72 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The calculation of the estimated value of a concession shall be calculated as the value of an entirety of works or services, even if purchased through different contracts, where the contracts are part of one single project. Indications for the existence of one single project consist in overall prior planning and conceptionbased on the total amount payable, net of VAT, as estimated by the contracting authority or the contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinkedincluding any form of option and any extension of the duration of the concession.
Amendment 73 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasestimated value of a concession shall be calculated as the value of an entirety of works or services, even if purchased through different contracts, where the contracts are part of one single project. Indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked. Where the contracting authority or the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the concessions.
Amendment 74 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. This estimate shall be valid e choice of the method used to calculate the moment at which the concession notice is sent, or, in cases where such notice is not foreseen, at the moment at which the contracting authority or the contractingestimated value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety commences the concession award procedure, in particular by defining the essential characteristics of the intended concessiof services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasons.
Amendment 75 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services thThis estimate shall be valid at the moment at which the concession notice is sent, or, in cases where such notice is not foreseen, at arthe made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the worksoment at which the contracting authority or the contracting entity commences the concession award procedure, in particular by defining the essential characteristics of the intended concession.
Amendment 77 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where a proposed work or purchase of services may result in concessions being awarded at the same time in the form of separatith regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the ltots, account shall be taken of the total estimated value of all such lotal estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works.
Amendment 78 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 5, this Directive shall apply to the awarding of eaa proposed work or purchase of services may result in concessions being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots.
Amendment 79 #
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this Directive, providWhere the aggregate value of the lots is equal to or exceeds thate the estimated value net of VAT of the lot concerned is less than EUR 1 million. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 20% of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been dividedreshold laid down in Article 5, this Directive shall apply to the awarding of each lot.
Amendment 80 #
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 1
Article 6 – paragraph 9 – subparagraph 1
Amendment 81 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. The value of services concessions shall include bothbe the estimated revenue to be received from third parties and total value of services to be provided by the concessionaire during the whole duration of the concession, calculated in accordance withe amounts to be paid by the contracting authorityn objective methodology which shall be specified in the concession notice or in the contracting entitycession documents.
Amendment 84 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d
Article 8 – paragraph 3 – subparagraph 1 – point d
Amendment 85 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Amendment 88 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
Article 8 – paragraph 5 – subparagraph 1 – point a
Amendment 89 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
Article 8 – paragraph 5 – subparagraph 1 – point b
Amendment 90 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point c
Article 8 – paragraph 5 – subparagraph 1 – point c
Amendment 91 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
Article 8 – paragraph 5 – subparagraph 1 – point d
Amendment 93 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
Amendment 97 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 98 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90%The bulk of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity.
Amendment 110 #
Proposal for a directive
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
Amendment 117 #
Proposal for a directive
Article 18 – title
Article 18 – title
Mixed concessiontracts
Amendment 118 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Contracts which have as their object both services and supplies shall be awarded in accordance with this DirectiveThis Directive shall apply with regard to contracts for both services and supplies where the main object of the contract in question are services and where they are concessions within the meaning of point (1) of the first paragraph of Article 2.
Amendment 119 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. In the case of mixed contracts referred to in paragraphs 1 and 2, the main object shall be determined by a comparison of the values of the respective services or supplies.(Does not affect English version.)
Amendment 120 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. 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.(Does not affect English version.)
Amendment 122 #
Proposal for a directive
Article 21
Article 21
Amendment 126 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. During the concession award, contracting authorities and contracting entities shall ensure the equal treatment of all tendereeconomic operators. In particular, they shall not provide information in a discriminatory manner which may give some tendereeconomic operators an advantage over others.
Amendment 127 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Whenever the contracting authority or contracting entity limits the number of applicanteconomic operators to an appropriate level, this shall be done in a transparent manner and on the basis of objective criteria which are available to all interested economic operators.
Amendment 129 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. When fixing the time limits for the submission of applications for the concession and submission of tenders, contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders, without prejudice to the minimum time limits set out in Article 378.
Amendment 130 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 131 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.(Does not affect English version.)
Amendment 138 #
Proposal for a directive
Article 41
Article 41
Amendment 140 #
Proposal for a directive
Article 42
Article 42
Amendment 142 #
Proposal for a directive
Article 43
Article 43