BETA

62 Amendments of Peter SIMON related to 2011/0439(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

Procurement within the meaning of this Directive is the purchase o~~r other forms of acquisition of works, supplies or services~~f works, supplies or services in the framework of public procurement by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11.

2012/07/19
Committee: REGI

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 19 – paragraph 1 – point b

(b) arbitration ~~and~~, conciliation, legal and notarial services;

2012/07/19
Committee: REGI

Proposal for a directive
Article 19 – paragraph 1 – point b a (new)

(ba) civil protection, emergency response and everyday hazard prevention;

2012/07/19
Committee: REGI

Proposal for a directive
Article 19 – paragraph 1 – point b b (new)

(bb) contracts to be awarded on the basis of special or exclusive rights compatible with the EU Treaties;

2012/07/19
Committee: REGI

Proposal for a directive
Article 19 – paragraph 1 – point c

(c) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council ~~and~~, operations conducted with the European Financial Stability Facility and operations to provide the contracting authorities with money or capital;

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 44 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are subject to the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 2

2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are subject to the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2

For the purposes of point (a) contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 4 – point a

(a) the agreement establishes a genuine co-operation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 4 – point b

(b) the agreement is governed only by considerations relating to the public interest and the services and requisite auxiliary services are linked to those considerations;

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 4 – point c

~~(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;~~deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 21 – paragraph 4 – point d

(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 44 – paragraph 1 – point d – point i

(i) the absence of competition for legal or technical reasons;

2012/07/19
Committee: REGI

Proposal for a directive
Article 44 – paragraph 1 – point e

(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by ~~force majeure~~events which the contracting authority could not have foreseen, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 1

1. The contracting entity shall request economic operators to explain the price or costs charged, where all of the following conditions are fulfilled: (a) the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders; (b) the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender; (c) at least five tenders have been submitted.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 3 – introductory part

3. ~~The explanations referred to in paragraphs 1 and 2~~If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. The explanations in question may in particular relate to:

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 3 – point b

(b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the supply of the goods or services or for the execution of the work;

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 3 – point d

(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed;

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 4

4. The contracting entity shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3. Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 5

5. Where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender ~~may~~can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting entity, that the aid in question was ~~compatible with the internal market within the meaning of Article 107 of the Treat~~granted legally. Where the contracting entity rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/07/19
Committee: REGI

Proposal for a directive
Article 79 – paragraph 6

6. Upon request, Member States shall make available to other Member States, in accordance with Article 97, any information relating to the evidence and documents produced in relation to details listed in paragraph 3.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 81 – paragraph 2

2. Member States may provide that, at the request of the subcontractor and where the nature of the contract so allows, the contracting entity shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 81 – paragraph 3

3. Paragraphs 1 ~~and 2~~ shall be without prejudice to the question of the principal economic operator's liability.

2012/07/19
Committee: REGI

Proposal for a directive
Article 85 – paragraph 1

~~1. Contracting entities intending to award a contract for the services referred to in Article 84 shall make known their intention by means of a contract notice.~~deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 85 – paragraph 3

3. The notices referred to in paragraph~~s 1 and~~ 2 shall contain the information referred to in Annex XVIII in accordance with the standard model notices. ~~The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100.~~

2012/07/19
Committee: REGI

Proposal for a directive
Article 85 – paragraph 4

4. The notices referred to in paragraph~~s 1 and~~ 2 shall be published in accordance with Article 65.

2012/07/19
Committee: REGI

Proposal for a directive
Article 86 – paragraph 1

1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting entities to take into account the specificities of the services in question.deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 93

Article deleted

2012/07/19
Committee: REGI

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

2. Procurement within the meaning of this Directive is the purchase o~~r other forms of acquisition of works, supplies or services~~f works, supplies or services in the context of public procurement by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point b

(b) arbitration and conciliation services, legal services and notarial services;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point b a (new)

(ba) civil protection, disaster protection and day-to-day risk prevention;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point b b (new)

(bb) contracts to be awarded on the basis of special or exclusive rights compatible with the EU Treaties;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point c

(c) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council ~~and~~, operations conducted with the European Financial Stability Facility and transactions to enable contracting authorities to raise money or capital;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are covered by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 2

2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b

(b) at least 980 % of the activities of that legal person which are covered by the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2

For the purposes of point (a) contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 4 – point a

(a) the agreement establishes a genuine co-operation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 4 – point b

(b) the agreement is governed ~~only~~ by considerations relating to the public interest and the services and requisite auxiliary services are linked to those considerations;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 4 – point c

~~(c) the participating public authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 4 – point d

(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 44 – paragraph 1 – point d – point i

i) the absence of competition for legal or technical reasons;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 44 – paragraph 1 – point e

(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by ~~force majeure~~events which the contracting authority could not have foreseen, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 1

1. The contracting entity shall request economic operators to explain the price or costs charged, where all of the following conditions are fulfilled: (a) the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders; (b) the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender; (c) at least five tenders have been submitted.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 3 – introductory part

3. ~~The explanations referred to in paragraphs 1 and 2~~If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. The explanations in question may in particular relate to:

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 3 – point b

(b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the supply of the goods or services or for the execution of the work;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 3 – point d

(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 4

4. The contracting entity shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3. Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 5

5. Where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender ~~may~~can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting entity, that the aid in question was ~~compatible with the internal market within the meaning of Article 107 of the Treat~~granted legally. Where the contracting entity rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 6

6. Upon request, Member States shall make available to other Member States, in accordance with Article 97, any information relating to the evidence and documents produced in relation to details listed in paragraph 3.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 2

2. Member States may provide that, at the request of the subcontractor and where the nature of the contract so allows, the contracting entity shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 3

3. Paragraphs 1 ~~and 2~~ shall be without prejudice to the question of the principal economic operator's liability.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 85 – paragraph 1

~~1. Contracting entities intending to award a contract for the services referred to in Article 84 shall make known their intention by means of a contract notice.~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 85 – paragraph 3

3. The notices referred to in paragraph~~s 1 and~~ 2 shall contain the information referred to in Annex XVIII in accordance with the standard model notices. ~~The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100.~~

2012/09/03
Committee: IMCO

Proposal for a directive
Article 85 – paragraph 4

4. The notices referred to in paragraph~~s 1 and~~ 2 shall be published in accordance with Article 65.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 86 – paragraph 1

1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting entities to take into account the specificities of the services in question.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 93

Article 93deleted

2012/09/03
Committee: IMCO