7 Amendments of Lorenzo FONTANA related to 2011/0437(COD)
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive does not apply to acts or contracts through which the State or a public authority or entity awards an economic operator establishing the right to exploit certain public domains or resources when either the State or public authority or entity establishes: a) general conditions for the exercise of an economic activity without becoming a beneficiary of the specific works or services provided by the economic operator, or b) terms and conditions to exploit certain public domains or resources, such as land lease contracts. To this end, it is immaterial that, in exploiting public land or domain, works may be carried out for the improvement or infrastructuring of such public land or domain, as long as the economic activity carried out by the operator maintains a prevailing nature on the execution of these works.
Amendment 468 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. In the case of public-domain concessions for the provision of services directly to consumers, the threshold shall be estimated on an annual basis.
Amendment 686 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
This clause is without prejudice to the provisions of Article 42.
Amendment 749 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) for concessions concerning public property assigned for the provision of services at the request of the economic operator to which the same contracting authorities or contracting entities awarded an original concession subject to the obligation set out in paragraph 1, where the loss of the concession would, de facto, entail cessation of business.
Amendment 924 #
Proposal for a directive
Article 42 – paragraph 7 – point b a (new)
Article 42 – paragraph 7 – point b a (new)
(ba) where the modification is limited to an extension of the duration of the concession necessary to allow the concessionaire to recoup further investments made in order to maintain or improve efficiency and performance of the activity as established in the scope of the concession. This kind of investments shall not be considered substantial modifications of a concession for the purposes of paragraph 2 above.
Amendment 926 #
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Member States shall further ensure that, when a concession expires, and the services carried out by the concessionaire must continue to be supplied, the following conditions are fulfilled: (a) in any case, the existing concessionaire shall be entitled to take part in the selection procedure for the award of the new concession; (b) in case the concession is awarded to a new concessionaire, all opportune measures are adopted in order to secure that the service continues without interruption during the period in which the existing concessionaire is replaced by the new one; (c) the new concessionaire, or the contracting authority, is obliged to indemnify the existing concessionaire for those investments that have not been recouped yet at the time of expiration of the concession. In appropriate cases, and provided that this is done through objective, transparent and foreseeable criteria, Member States may further establish that indemnification can also include reference to the goodwill that the existing concessionaire has developed during the exploitation of the concession and that will be inherited by the newcomer.
Amendment 953 #
Proposal for a directive
Annex 3 – paragraph 1 – point 5
Annex 3 – paragraph 1 – point 5
5. Activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway. , or to operators of these terminal facilities to whom their use is granted upon their completion.