A4-0159/97

Decision on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (C4-0039/97 - 95/0080(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0039/97 - 95/0080(COD),

- having regard to its opinion at first reading ((OJ C 347, 18.11.1996, p. 25.)) on the Commission proposal to Parliament and the Council, COM(95)0107 ((OJ C 138, 3.6.1995, p. 49.)),

- having regard to the amended Commission proposal, COM(96)0598 ((OJ C 28, 29.1.1997, p. 4.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0159/97),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 6)

Recital 13

>Original text>

(13) Whereas the rules contained in Article VI(4) of the Agreement, whereby contracting entities shall not seek or accept, in a manner which would have the effect of precluding competition, advice which may be used in the preparation of specifications for a specific procurement from a firm that may have a commercial interest in the procurement, are implicit in Article 4(2) of Directive 93/38/EEC; whereas, therefore, an amendment to the Directive to that effect is superfluous;

>Text following EP vote>

(13) Whereas contracting entities may seek or accept advice which may be used in the preparation of specifications for a specific procurement, provided that such advice does not have the effect of precluding competition;

(Amendment 2)

Recital 13a (new)

>Text following EP vote>

(13a) Whereas the Commission shall make available to small and medium-sized undertakings the training and information materials they need to enable them to participate fully in the changed procurement market;

(Amendment 3)

ARTICLE 1(11)

Article 41(3) (Directive 93/38/EEC)

>Original text>

3. Entities carrying out one of the activities mentioned in Annexes I, II, VII, VIII and IX shall inform participating suppliers, contractors or service providers of decisions on contract awards promptly and, upon request, in writing.

>Text following EP vote>

3. With respect to contracts awarded by state entities which are referred to in Annexes I, II, VII, VIII and IX and which carry out activities pursuant to Article 2(2), the contracting entities shall inform participating suppliers, contractors or service providers of decisions on contract awards promptly and, upon request, in writing.

(Amendment 4)

ARTICLE 1(11)

Article 41(4) (Directive 93/38/EEC)

>Original text>

4. The contracting entities carrying out one of the activities mentioned in Annexes I, II, VII, VIII and IX shall, promptly after the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

>Text following EP vote>

4. With respect to contracts awarded by state entities which are referred to in Annexes I, II, VII, VIII and IX and which carry out activities pursuant to Article 2(2), the contracting entities shall, promptly after the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.

(Amendment 5)

ARTICLE 1(12)

Article 42(1a), 1st subparagraph (Directive 93/38/EEC)

>Original text>

1a. With respect to the activities to which Annexes I, II, VII, VIII and IX refer, Member States shall, in accordance with the arrangements to be laid down under the procedure provided for in Article 40(4) to (8), ensure that, by 31 October 1997 at the latest for the preceding year and thereafter by 31 October of every year, the Commission receives a statistical report on the contracts awarded. This report shall contain the information necessary to verify the proper application of the Agreement.

>Text following EP vote>

1a. With respect to contracts awarded by state entities which are referred to in Annexes I, II, VII, VIII and IX and which carry out activities pursuant to Article 2(2), Member States shall, in accordance with the arrangements to be laid down under the procedure provided for in Article 40(4) to (8), ensure that, by 31 October 1997 at the latest for the preceding year and thereafter by 31 October of every year, the Commission receives a statistical report on the contracts awarded. This report shall contain the information necessary to verify the proper application of the Agreement.