26 Amendments of Pablo ARIAS ECHEVERRÍA related to 2011/0438(COD)
Amendment 170 #
Proposal for a directive
Recital 1
Recital 1
(1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, advertising, proportionality and, transparency and efficient management of public funds. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 221 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and, transparency, free competition, advertising and efficient management of public funds. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 378 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In the case of contracts which have as their object procurement covered by this Directive as well as procurement or other elements not covered by it or by Directives [replacing 2004/17/EC] or 2009/81/EC26, the part of the contract which constitutes procurement covered by this Directive shall be awarded in accordance with the provisions of this Directivemanner in which this Directive shall be applied shall be determined on the basis of the main subject of the contract.
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the case of mixed contracts containing elements of public contracts and of concessions, the part of the contract which constitutes a public contract covered by this Directive shall be awarded in accordance with the provisions of this Directivemanner in which this Directive shall be applied shall be determined on the basis of the main subject of the contract.
Amendment 481 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c – point i (new)
Article 11 – paragraph 1 – subparagraph 1 – point c – point i (new)
(i) the controlled legal person does not pursue any interests which are distinct from those of the public authorities affiliated to it;
Amendment 482 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c – point ii (new)
Article 11 – paragraph 1 – subparagraph 1 – point c – point ii (new)
(ii) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.
Amendment 579 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation in the legal person that converts it into an associated undertaking is acquired through any of the procedures laid down in this Directive or in the Directives (replacing Directive 2004/17/EC).
Amendment 591 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
The design of the procurement shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. The procedures should always be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency, free competition, advertising and efficient management of public resources.
Amendment 601 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.
Amendment 831 #
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 4
Article 31 – paragraph 2 – subparagraph 4
Contracting authorities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 837 #
Proposal for a directive
Article 31 – paragraph 5 – point b
Article 31 – paragraph 5 – point b
(b) contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days;
Amendment 1025 #
Proposal for a directive
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. This additional information shall be provided to all tenderers taking part in the procurement procedure.
Amendment 1028 #
Proposal for a directive
Article 53 – paragraph 2 – introductory part
Article 53 – paragraph 2 – introductory part
2. On request from the party concerned, tThe contracting authority shall as quickly as possible after the date on which the concession is awarded, or on which the request to participate or the tender is rejected, and in any case within 15 days from receipt of a written request, inform:
Amendment 1094 #
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
1. A contracting authority may askshall require a candidate or tenderer at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the proper conduct of the procedure.
Amendment 1219 #
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, including taxes, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 1276 #
Proposal for a directive
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
Amendment 1351 #
Proposal for a directive
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. A modification of a contract during its term shall be considered substantial within the meaning of paragraph 1, where it renders the contract substantially different from the one initially concluded. In any case, wWithout prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met:
Amendment 1353 #
Proposal for a directive
Article 72 – paragraph 2 – point b
Article 72 – paragraph 2 – point b
(b) the modification changes the economic balance of the contract in favour of the contractor, as defined when the contract is awarded;
Amendment 1358 #
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2
Article 72 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations, as a result of a contract clause, or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive.
Amendment 1366 #
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1372 #
Proposal for a directive
Article 72 – paragraph 5
Article 72 – paragraph 5
5. Contract modifications shall not be considered substantial within the meaning of paragraph 1 where they have been provided for in the procurement documents in clear, precise and unequivocal review clauses or options, or where they are a result of errors or omissions in the procurement documents provided by the contracting authorities or entities. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract.
Amendment 1380 #
Proposal for a directive
Article 73 – paragraph 1 – point b
Article 73 – paragraph 1 – point b
Amendment 1382 #
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
Amendment 1470 #
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible for the ensure that mechanisms are in place to oversightee and coordination ofe implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. The governmental structure of Member States with a compound or decentralised administrative structure will, in all cases, be respected. Member States shall appoint the bodies that best suit their governmental structure.
Amendment 1475 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part
Article 84 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight body shall be responsible formechanisms must ensure that the following tasks are carried out:
Amendment 1489 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Member States shall empower the oversight bodyies to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity.