Activities of Frank ENGEL related to 2011/0438(COD)

Frank ENGEL, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Konstantinos POUPAKIS, Sirpa PIETIKÄINEN

Proposal for a directive
Recital 11

(11) Other categories of services continue by their very nature to have a limited cross-border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union- wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee17 . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
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. 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.

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

Proposal for a directive
Recital 17

(17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to ~~spur~~drive innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and ~~thus~~ promoting sustainable economic growth. An innovative procurement model is detailed in the Commission's communication on pre-commercial procurement 1. This model promotes the take up in the procurement of research and development services which do not fall within the scope of this Directive. This model, which has been written into this Directive, is recognised and will be available for all contracting authorities to consider. This dDirective should however contribute to facilitating the public procurement of innovation more generally, and help Member States in achieving the Innovation Union targets. ~~A specific procurement procedure should therefore be provided for which~~Where a need for the development of an innovative product, service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market, contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive. This new procedure should allows contracting authorities to establish a ~~long-term~~n innovation partnership for the development and subsequent purchase of a new, innovative products, services or works, provided ithat these can be delivered to agreed performance levels and costs. The p~~artnership~~rocedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender, which is the most suited to comparing tenders for innovative solutions. Whether the innovation partnership concerns a very large project or a smaller project, it should be structured in such as a way that it can provide the necessary ‘"market- pull’", incentivising the development of an innovative solutions without foreclosing the market. Contracting authorities should therefore not misuse innovation partnerships to prevent, restrict or distort competition. __________________ 1 COM (2007) 799 final: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Pre- commercial procurement: driving innovation to ensure sustainable high quality public services in Europe.

2012/07/12
Committee: IMCO

Proposal for a directive
Recital 20

(20) There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers, with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising procurement management. This can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as well as market access opportunities for small and medium-sized enterprises. The Commission should provide guidance to Member States and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion. Such guidance should be provided by way of implementing act.

2012/07/12
Committee: IMCO

Frank ENGEL, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Proposal for a directive
Recital 38

(38) Where contracting authorities ~~choose to~~ award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

Proposal for a directive
Recital 40

(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as research, development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.

2012/07/12
Committee: IMCO

Proposal for a directive
Recital 54

(54) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annexes V and XI; the lists of central government authorities are subject to variations due to administrative changes at national level. These are notified to the Commission, which should be empowered to adapt the Annex I; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication, such as the submission of three-dimensional digital representations in the case of the public procurement of works, to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; and the content of the European Procurement Passport to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

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

(21) ‘electronic means’ means electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; in the case of a works contract 'electronic means' shall also refer to the use of interoperable three-dimensional representations covering the design, execution and the operation of the building or infrastructure;

2012/07/12
Committee: IMCO

Proposal for a directive
Article 2 – paragraph 1 – point 22

(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including research, development, production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 4 – paragraph 1 – point d

~~(d) EUR 500 000 for public contracts for social and other specific services listed in Annex XVI.~~deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Sirpa PIETIKÄINEN

Proposal for a directive
Article 6 a (new)

Article 6a Arrangements for public service contracts Contracts which have as their object services listed in Annex XVI A shall be awarded in accordance with Articles 39 to 69. Contracts which have as their object services listed in Annex XVI B shall be subject solely to Article 40 and Article 48(1). Contracts which have as their object services listed both in Annex XVI A and in Annex XVI B shall be awarded in accordance with Articles 39 to 88 where the value of the services listed in Annex XVI A is greater than the value of the services listed in Annex XVI B. In other cases, contracts shall be awarded in accordance with Article 40 and Article 48(1).

2012/07/12
Committee: IMCO

Proposal for a directive
Article 7 a (new)

Article 7a Exclusion for goods falling under a fixed price regime This Directive shall not apply to contracts for the supply of goods or the provision of services which are subject by law to a fixed price.

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Andreas SCHWAB

Proposal for a directive
Article 10 – paragraph 1 – point d

(d) 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 Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Sirpa PIETIKÄINEN, Anja WEISGERBER

Proposal for a directive
Article 10 – paragraph 1 – point f a (new)

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

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Sirpa PIETIKÄINEN

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90 % of the activities of that legal person are carried out~~the legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;

2012/07/12
Committee: IMCO

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c

(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90 % of the activities of~~the legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person ~~are~~essentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Anna Maria CORAZZA BILDT, Sirpa PIETIKÄINEN

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c

(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c

(c) the controlled legal person does not pursue any interests which are ~~distinct from~~in conflict with that of the public authorities affiliated to it;

2012/07/12
Committee: IMCO

Proposal for a directive
Article 11 – paragraph 4 – point e

(e) there is no private participation in any of the contracting authorities involved, unless this is a legal requirement in the relevant Member States.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 18 – paragraph 1

1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information and details of tenders forwarded to it by economic operato~~rs which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tende~~rs.

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP

Proposal for a directive
Article 18 – paragraph 2

2. CNontracting authorities may impose on economic operators requirements aimed at protecting the confidential nature of information which the contracting authorities make available throughout the procurement procedur-compliance with this obligation shall render the contracting authority or entity liable.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 3 – subparagraph 3

To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross- border context, the Commission sh~~all be empowered to adopt delegated acts in accordance with Article 89 to establish the mandatory~~ould recommend use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Wim van de CAMP

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

The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a ~~private~~common interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Wim van de CAMP

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

For the purposes of this Article, ~~‘private~~ "common interests’' means any ~~family, emotional life, economic, political or other shared interests~~economic interest or family ties, shared with the candidates or the tenderers, including conflicting professional interests.

2012/07/12
Committee: IMCO

Frank ENGEL, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3

Member States ~~may~~shall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.

2012/07/12
Committee: IMCO

Frank ENGEL, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part

They ~~may~~shall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:

2012/07/12
Committee: IMCO

Frank ENGEL, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5

~~Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.~~deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3

Only those economic operators invited by the contracting authority following the assessment of the requested information may participate in the dialogue. Contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tendershall have the option of appointing from among their staff a project leader to guarantee compliance with reasonable deadlines by means of effective coordination at each stage of the dialogue. The number of suitable candidates to be invited to participate in the procedure may be limited in accordance with Article 6~~6(1)(a)~~4.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3

Contracting authorities ~~shall not~~may not under any circumstances reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without its agreement, and such agreement may not be imposed as a condition governing participation in the competitive dialogue. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific solutions or other specific confidential information.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3 a (new)

Non-compliance with subparagraph 3 of this paragraph shall render the contracting entity liable.

2012/07/12
Committee: IMCO

Frank ENGEL, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 28 – paragraph 5

5. The contracting authority ~~shall~~may: - either stipulate a limited period for the dialogue, which shall be given in the contract notice; - or continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 28 – paragraph 8

8. The contracting authorities ~~may~~shall specify prizes or payments to the participants in the dialogue on terms laid down by the contract.

2012/07/12
Committee: IMCO

Malcolm HARBOUR, Edvard KOŽUŠNÍK, Frank ENGEL, Jürgen CREUTZMANN

Proposal for a directive
Article 29 – paragraph 1

1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 2– subparagraphs 1 a and 1 b (new)

Intellectual property rights shall be granted only for the purposes of enabling the contracting authority to build on the outcome of the preceding phases, in accordance with the aim of the partnership, in the event of a change of contractor during the procedure, in order to limit the impact of the acquisition of rights as regards the undertaking which has been replaced. Intellectual property rights clauses shall clearly define the rights and obligations of all parties.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 2

2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, ~~possibly up to~~which may include the manufacturing of the supply, or the provision of the services~~. It shall provide for~~ or the completion of the works. The partnership shall set intermediate targets to be attained by the partner and provide for ~~payment of the~~ remuneration in appropriate instalments. Based on those targets, the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that ~~it has acquired the relevant intellectual property rights.~~ the contracting authority has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 2 a (new9

2a. The contract shall be awarded according to this paragraph: In the procurement documents, contracting authorities shall indicate which elements define the minimum requirements to be met. The indications shall be sufficiently precise so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the procedure. The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent, or where a prior information notice is used as a means of calling for competition, 30 days from the date on which the invitation to confirm interests is sent. The minimum time limit for the receipt of initial tenders shall be 30 days from the date on which the invitation is sent. Contracting authorities shall negotiate with tenderers the initial and all subsequent tenders submitted, to improve the content to ensure that these tenders better fulfil the award criteria specified in the procurement documents. During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated, are informed in writing of any changes to the technical specifications of other procurement documents other than those setting out the minimum requirements, providing sufficient time to allow such tenderers to modify and re-submit amended tenders following these changes. In accordance with Article 18, contracting authorities shall not reveal to the other participants confidential information communicated by a candidate participating in the negotiations without its agreement. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific information. The minimum requirements and the award criteria shall not be subject to negotiations. Once the deadline for submitting tenders has expired, and before proceeding to their examination, contracting authorities may specify a weighting attached to the subheadings of an award criterion defined in advance in accordance with Article 66(5), provided that: -the contract award criteria set out in the contract documents or the contract notice are unaltered; (a) this does not include new elements which would have affected the preparation of the tenders; (b) this does not give rise to discrimination against any one of the tenderers. Innovation partnership procedures may take place in successive stages in order to reduce the number of tenders to be negotiated, by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in the procurement documents. In the contract notice, the invitation to confirm interest or in the procurement documents, the contracting authority shall clearly indicate whether it will use this option.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 3 – subparagraph 2

In selecting candidates, contracting authorities shall pay particular attention to criteria concerning the ~~tenderer~~candidates' capacity ~~and experience~~ in the field of research and development and of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 3 – subparagraph 3

Only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions. ~~The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).~~

2012/07/12
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 4 – subparagraph 1

The contracting authority shall ensure that the structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The ~~value and duration of a contract for the purchase of the resulting supply~~estimated value of supplies, services or works shall ~~remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profi~~not be disproportionate in relation to the investment required for their development.

2012/07/12
Committee: IMCO

Frank ENGEL, Constance LE GRIP

Proposal for a directive
Article 29 – paragraph 4 – subparagraph 2

~~Contracting authorities shall not use innovation partnerships in such a way as to prevent, restrict or distort competition.~~deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3

The term of a framework agreement shall not exceed four years, save in ~~exceptional cases duly justified, in particular by the subject of the framework agreemen~~cases where it concerns work that will take longer than four years to carry out or where a longer period is justified by the need for economic operators to make investments for which the amortisation period is longer than four years or which are linked to the recruitment of suitable staff to perform the contract or the training of staff to perform the contract.

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Jürgen CREUTZMANN

Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1

CFor fully standardised supplies and services, contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.

2012/07/12
Committee: IMCO

Frank ENGEL, Sirpa PIETIKÄINEN

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2

Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either be required (i) to clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) to set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.

2012/07/12
Committee: IMCO

Frank ENGEL, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a

(a) the requirements for the label ~~only concern characteristics which are linked to the subject-matter of the contract and~~ are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;

2012/07/12
Committee: IMCO

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2

Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. It shall be the responsibility of the tenderer to prove equivalence with the label requested.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 43 – paragraph 1

1. ~~Contracting authorities may authorise t~~Tenderers tomay submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication along with a basic proposal.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN

Proposal for a directive
Article 43 – paragraph 2

2. Contracting authorities ~~authorising variants~~ shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1

Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, ~~where~~ the contracting authority ~~does not deem it appropriate to split into lots, it~~ shall provide in the contract notice or in the invitation ~~to confirm interest a specific explanation of its reason~~an explanation of its reasons for its decision to subdivide or not to subdivide into lots.

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Article 44 – paragraph 2

2. Contracting authorities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer, provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number.deleted

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Article 44 – paragraph 3

3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Article 44 – paragraph 4

4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Wim van de CAMP, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1 a (new)

Not later than 48 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In the case of public contracts for services listed in Annex XVI B, the contracting authorities shall indicate in the notice whether they agree to its publication. For such services contracts the Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 91.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

(a) where it is aware of any repeated violation of obligations established bywithin Union legislation in the field of social and labour law or environmental law or of the international ~~social and environmental~~labour law provisions listed in Annex XI~~. Compliance with Union legislation or with international provisions also includes compliance in an equivalent mann~~, but limited to the first tier of suppliers.

2012/07/12
Committee: IMCO

Frank ENGEL, András GYÜRK, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 56 – paragraph 1 – subparagraph 3

Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. Consequently, in no case can a tender be rejected solely because it does not include a reference to previous contracts. This criterion can be used as an additional element in the evaluation. All requirements shall be related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 56 – paragraph 3 – subparagraph 2

The minimum yearly turnover shall not exceed ~~three times~~ the estimated contract value, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part

1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be ~~one of the following:~~the most economically advantageous tender.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
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.deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Proposal for a directive
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~~may 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~~. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK

Proposal for a directive
Article 66 – paragraph 3

~~3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.~~deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Wim van de CAMP, Constance LE GRIP

Proposal for a directive
Article 69 a (new)

Article 69a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[1], exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 66, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of products originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and to the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of this Article in the light of such developments. [1] OJ L 302, 19.10.1992, p. 1.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, Wim van de CAMP, Konstantinos POUPAKIS, Constance LE GRIP

Proposal for a directive
Article 69 b (new)

Article 69b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of service contracts in third countries. 2. The Commission shall report to the European Parliament and to the Council before 31 December 2014, and periodically thereafter, on the opening up of service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of service contracts, a third country: (a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; or (b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international social and environmental law provisions listed in Annex XI when these undertakings have tried to secure the award of contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 71 – 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 authority 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

2012/07/12
Committee: IMCO

Frank ENGEL, Constance LE GRIP

Proposal for a directive
Article 71 – paragraph 3

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

2012/07/12
Committee: IMCO

Proposal for a directive
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 15 % 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.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 73 – paragraph 1 – point c

(c) the Court of Justice of the European Union finds, in a procedure pursuant to Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 74

Article 74 Award of contracts for social and other specific services Contracts for social and other specific services listed in Annex XVI shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d).deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 75

Article 75 Publication of notices 1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice. 2. Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice. 3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 76

Article 76 Principles of awarding contracts 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 authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1

1. Member States shall ~~appoint a single independent body responsible for~~ensure the oversight and coordination of implementation activities ~~(hereinafter 'the oversight body'). Member States shall inform the Commission of their designation~~.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part

3. The ~~oversight body~~competent authorities shall be responsible for the following tasks:

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3

~~Member States shall empower the oversight body to seize the~~The competent authorities may seek from the court which has jurisdiction ~~competent~~ according to national law ~~for the~~a review of contracting authorities' decisions where ithey hasve detected a violation in the course of ~~its~~their monitoring and legal advising activity.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 84 – paragraph 4 – subparagraph 1

4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the ~~oversight body~~competent authorities shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 84 – paragraph 4 – subparagraph 2

The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission.deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 84 – paragraph 4 – subparagraph 3

The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions.deleted

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 84 – paragraph 5

5. The investigation and enforcement activities carried out by the ~~oversight body~~competent authorities to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 84 – paragraph 6

6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 84 – paragraph 6 – introductory part

6. Contracting authorities shall transmit to the ~~national oversight body~~competent authorities the full text of all concluded contracts with a a value equal to or greater than

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 84 – paragraph 7

7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1

7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the ~~oversight body~~competent authorities shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

2012/07/12
Committee: IMCO

Frank ENGEL, Philippe JUVIN, András GYÜRK, Andreas SCHWAB, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 84 – paragraph 8

8. A summary of all the activities carried out by the ~~oversight body~~competent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Jürgen CREUTZMANN

Proposal for a directive
Article 86

~~[...]~~deleted

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Birgit COLLIN-LANGEN, Sabine VERHEYEN, Konstantinos POUPAKIS, Jürgen CREUTZMANN

Proposal for a directive
Annex 6 – section 8

Part H INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) 1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, email and internet address of the contracting authority and, where different, of the service from which additional information may be obtained. 2. Where appropriate, email or internet address at which the specifications and any supporting documents will be available. 3. Type of contracting authority and main activity exercised. 4. Where appropriate, indication whether the contracting authority is a central purchasing body or that any other form of joint procurement is involved. 5. CPV Nomenclature reference No(s); where the contract is divided into lots, this information shall be provided for each lot. 6. NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case of supplies and services 7. Description of the services and where applicable, incidental works and supplies to be procured 8. Estimated total value of contract(s); where the contract is divided into lots, this information shall be provided for each lot. 9. Conditions for participation, including a) where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes, b) where appropriate, indication whether the execution of the service is reserved by law, regulation or provision to a particular profession. 10. Time limit(s) for contacting the contracting authority in view of participation. 11. Brief description of the main features of the award procedure to be applied. 12. Any other relevant information.deleted administrative

2012/07/12
Committee: IMCO

Proposal for a directive
Annex 13 – paragraph 1 – point a

(a) Identification of the economic operator; company registration number, name, address, bank;

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Sirpa PIETIKÄINEN, Jürgen CREUTZMANN

Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)

(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Konstantinos POUPAKIS, Sirpa PIETIKÄINEN, Jürgen CREUTZMANN

Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)

(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Sirpa PIETIKÄINEN, Jürgen CREUTZMANN

Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)

(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;

2012/07/12
Committee: IMCO

Andreas SCHWAB, Frank ENGEL, Sirpa PIETIKÄINEN, Jürgen CREUTZMANN

Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)

(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;

2012/07/12
Committee: IMCO

Proposal for a directive
Annex 13 – paragraph 1 – point f

(f) Indication of the period of validity of the Passport, which shall be not less than ~~6 months~~one year.

2012/07/12
Committee: IMCO

Proposal for a directive
Annex 16

~~Annexe XVI~~This annex is deleted

2012/07/12
Committee: IMCO