4 Amendments of Robert ROCHEFORT related to 2011/0437(COD)
Amendment 368 #
Proposal for a directive
Recital 34
Recital 34
(34) It is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure, taking into account the relevant case-law of the Court of Justice of the European Union. Any concession in force may be modified by means of a supplementary agreement. A new award procedure is required in, however, in the case of material changes to the initial concession, demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession. This is notably the case if the amended conditions would have had an influence on the outcome of the procedure, had they been part of the initial procedure. An exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession. Nevertheless, where a contract has reached its term the grantor and the concessionaire shall refrain from extensions for purposes of investments not essential to the performance of the concession and which would be implemented solely with a view to extending the duration thereof.
Amendment 505 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
Article 8 – paragraph 5 – subparagraph 1 – point b
(b) the acquisition, development, production or co-production of programme material intended for broadcasting, defined as transmission and distribution using any form of electronic network, that are awarded by broadcasterand related preparatory services intended for media services, nor to concessions for broadcasting time, that are awarded to broadcastersor distribution and transmission;
Amendment 844 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Any candidate or tenderer that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.
Amendment 903 #
Proposal for a directive
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Provided the overall nature of the concession remains the same, modification of the concession shall not be considered substantial where: (a) the modification has been provided for in the original concession contract in clear, precise and unequivocal review clauses or options which state the scope and nature of possible modifications as well as the conditions under which they may be used; (b) the value thereof does not exceed the threshold laid down in Article 6 and is below 10% of the updated value of the original contract. Where several successive modifications are made, the value shall be assessed on the basis of the updated cumulative value of the successive modifications.