8 Amendments of Herbert DORFMANN related to 2011/0437(COD)
Amendment 274 #
Proposal for a directive
Recital 6
Recital 6
(6) Concessions for the purposes of this Directive 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, even if they are termed ‘concessions’ in some Member States, certain State acts such as qualifications, 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 or permits an economic operator to carry out works or exercise economic activities, including activities in the form of services, should not be considered concessions within the meaning of this Directive. 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 contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 292 #
Proposal for a directive
Recital 9
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1)(1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas, Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity, Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and, Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, and any national laws of a Member State conforming to the principles of equal treatment, transparency, proportionality, and mutual recognition laid down in the Treaty. The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities. 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 this Directive.
Amendment 384 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) Contracting authorities, whether or not the works or services, including the related supplies, are intended for a public purpose;
Amendment 439 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2 – point b a (new)
Article 4 – paragraph 3 – subparagraph 2 – point b a (new)
(ba) procedures pursuant to legislative acts of Member States conforming to Treaty principles regarding equal treatment, transparency, proportionality, and mutual recognition.
Amendment 516 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point f a (new)
Article 8 – paragraph 5 – subparagraph 1 – point f a (new)
(fa) works or services entailed in the construction and/or management of cableways intended for the business of undertakings managing mobility in mountain areas for tourist, recreational, play, or sporting purposes, with the related services;
Amendment 745 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point b
Article 26 – paragraph 5 – subparagraph 1 – point b
(b) where the works or services can be supplied only by a particular economic operator due to the absence of competition for technical reasons, the protection of patents, copyrights or other intellectual property rights or the protection of other exclusive rights, including those allowing an economic operator to make use of land and other non-fungible assets necessary in order to implement the subject of the concession contract, and where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing -down of the parameters of the concession award;
Amendment 950 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – introductory part
Annex 3 – paragraph 1 – point 4 – introductory part
4. Activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable and intended to meet general transport needs of the population.
Amendment 952 #
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – paragraph 1
Annex 3 – paragraph 1 – point 4 – paragraph 1
As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service. This provision shall not, under any circumstances, apply to activities relating to transport systems which, given their structural or functional characteristics, are intended solely to carry on the business of providing tourist, recreational, or sports services the performance of which lies outside the tasks of contracting authorities or the activities of contracting entities.