natgillin/translations-raw huggingface dataset:
Efforts to preserve and expand scheduled transport services have therefore become increasingly dependent on the services being taken over by operators owned by local or regional authorities or the State.
Efforts to preserve and expand scheduled transport services have therefore become increasingly dependent on the services being taken over by operators owned by local or regional authorities or the State.
Where private operators have remained in existence, they have become dependent on public funding to cover their unavoidable operating deficits.
Where private operators have remained in existence, they have become dependent on public funding to cover their unavoidable operating deficits.
As a result, both public enterprises and private contract partners have acquired monopolies on the right to provide scheduled services and on access to public funding.
As a result, both public enterprises and private contract partners have acquired monopolies on the right to provide scheduled services and on access to public funding.
Commission proposal of 2000
Commission proposal of 2000
In the 1990s, studies were performed on a new system of competition, financing and allocation of areas, 'regulated competition', which would replace all the different hitherto existing national, regional and local systems.
In the 1990s, studies were performed on a new system of competition, financing and allocation of areas, 'regulated competition', which would replace all the different hitherto existing national, regional and local systems.
This created an expectation that in future public procurement procedures would have to be adhered to throughout EU territory.
This created an expectation that in future public procurement procedures would have to be adhered to throughout EU territory.
Some Member States have already anticipated such a system when revising their national legislation.
Some Member States have already anticipated such a system when revising their national legislation.
Subsequently, the Commission, in the explanatory memorandum on its proposal for a regulation of 2000, drew attention to the existing legislative framework, particularly:
Subsequently, the Commission, in the explanatory memorandum on its proposal for a regulation of 2000, drew attention to the existing legislative framework, particularly:
- Article 73 of the EC Treaty, pursuant to which aid is compatible with the Treaty if it represents reimbursement for the discharge of certain obligations inherent in the concept of a 'public service';
- Article 73 of the EC Treaty, pursuant to which aid is compatible with the Treaty if it represents reimbursement for the discharge of certain obligations inherent in the concept of a 'public service';
- Regulation (EEC) No 1191/69, as amended by Regulation (EEC) No 1893/91, which enumerates these forms of compensation, which are exempt from the requirement to notify State aid as referred to in Article 88(3) of the Treaty.
- Regulation (EEC) No 1191/69, as amended by Regulation (EEC) No 1893/91, which enumerates these forms of compensation, which are exempt from the requirement to notify State aid as referred to in Article 88(3) of the Treaty.
However, this Regulation did not lay down how public service contracts should be awarded or how markets should be opened up.
However, this Regulation did not lay down how public service contracts should be awarded or how markets should be opened up.
The award procedure was partially regulated in Directives 92/50/EC and 93/38/EEC, which in 2004 were to be replaced by Directives 2004/17/EEC and 2004/18/EEC.
The award procedure was partially regulated in Directives 92/50/EC and 93/38/EEC, which in 2004 were to be replaced by Directives 2004/17/EEC and 2004/18/EEC.
However, there are many contracts (and particularly concessions) to which these procedures do not apply.
However, there are many contracts (and particularly concessions) to which these procedures do not apply.
The Regulation as then proposed by the Commission and also the later amended proposals, on the other hand, did provide for them.
The Regulation as then proposed by the Commission and also the later amended proposals, on the other hand, did provide for them.
The Commission also drew attention to the change in the situation due to the rise of large international corporations.
The Commission also drew attention to the change in the situation due to the rise of large international corporations.
These offer to take bus, tram and rail services over from public authorities and private concession-holders on condition that they receive financial compensation for the anticipated operating deficit, including a grant which enables them to operate at a profit.
These offer to take bus, tram and rail services over from public authorities and private concession-holders on condition that they receive financial compensation for the anticipated operating deficit, including a grant which enables them to operate at a profit.
On 20 July 2000, the Commission indicated its desire to guarantee transparency and equal treatment of enterprises by means of the regulation proposed in COM(2000)0007 , thus ensuring that the award by competent authorities of long-term concessions to operators with which they had traditional relationships or were on friendly terms did not result in legal action being brought by other interested businesses.
On 20 July 2000, the Commission indicated its desire to guarantee transparency and equal treatment of enterprises by means of the regulation proposed in COM(2000)0007 , thus ensuring that the award by competent authorities of long-term concessions to operators with which they had traditional relationships or were on friendly terms did not result in legal action being brought by other interested businesses.
In order to achieve this, it was proposed that competition should be introduced between businesses, to be effected by inviting them to tender for five-year public-service contracts.
In order to achieve this, it was proposed that competition should be introduced between businesses, to be effected by inviting them to tender for five-year public-service contracts.
Other forms of selection of businesses would only remain possible in exceptional cases.
Other forms of selection of businesses would only remain possible in exceptional cases.
Parliament's first reading
Parliament's first reading
Local and regional authorities, users' organisations, environmental organisations and trade unions raised serious objections to the requirement to carry out public procurement procedures in every case.
Local and regional authorities, users' organisations, environmental organisations and trade unions raised serious objections to the requirement to carry out public procurement procedures in every case.
They did so partly out of an expectation that ultimately this requirement would make it impossible for the many publicly owned urban and regional operators to remain in existence, because the businesses in question were established to serve a home market as effectively as possible and not with the aim of competing in some remote place.
They did so partly out of an expectation that ultimately this requirement would make it impossible for the many publicly owned urban and regional operators to remain in existence, because the businesses in question were established to serve a home market as effectively as possible and not with the aim of competing in some remote place.
They would only need to be eliminated from a tender procedure once, for example because of price competition from a larger business, in order to go into liquidation.
They would only need to be eliminated from a tender procedure once, for example because of price competition from a larger business, in order to go into liquidation.
In addition, all the businesses concerned objected to the proposed five-year term for contracts, because such a lack of continuity would hamper investment.
In addition, all the businesses concerned objected to the proposed five-year term for contracts, because such a lack of continuity would hamper investment.
If invitations to tender were to be issued periodically, trade unions called for transport staff to be protected against dismissal and against poorer terms of employment with a new contractual partner.
If invitations to tender were to be issued periodically, trade unions called for transport staff to be protected against dismissal and against poorer terms of employment with a new contractual partner.
Sources in the various Member States drew attention to the wide variation of practices between countries and the undesirability of imposing uniform rules at EU level while ignoring the experience gained by means of those practices.
Sources in the various Member States drew attention to the wide variation of practices between countries and the undesirability of imposing uniform rules at EU level while ignoring the experience gained by means of those practices.
In accordance with these objections, Parliament adopted amendments at first reading on 14 November 2001 by 317 votes to 224, inter alia to make it possible to provide tram and underground services and scheduled bus services within a range of 50 km without a public procurement procedure.
In accordance with these objections, Parliament adopted amendments at first reading on 14 November 2001 by 317 votes to 224, inter alia to make it possible to provide tram and underground services and scheduled bus services within a range of 50 km without a public procurement procedure.
Where such a procedure was held, competition should be based not only on price but also on quality, while the contract terms were extended to 8 years for bus services and 15 years for rail.
Where such a procedure was held, competition should be based not only on price but also on quality, while the contract terms were extended to 8 years for bus services and 15 years for rail.
The transparency requirements which the Commission had proposed for public procurement procedures were accepted.
The transparency requirements which the Commission had proposed for public procurement procedures were accepted.
The Council's common position
The Council's common position
After first reading it was more than six years before the Council succeeded in agreeing a common position on the proposal for a regulation.
After first reading it was more than six years before the Council succeeded in agreeing a common position on the proposal for a regulation.
One factor which helped it to do so was that on 20 July 2005 in COM(2005)0319 the Commission submitted a revised position, largely adhering to the position adopted by Parliament in 2001.
One factor which helped it to do so was that on 20 July 2005 in COM(2005)0319 the Commission submitted a revised position, largely adhering to the position adopted by Parliament in 2001.
In 2006, under the Presidency of Austria, the Council reached a similar conclusion, after which the German Presidency finalised the proposal, with a few refinements regarding the relationship between this regulation and Directive 2004/18/EEC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, and Directive 2004/17/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
In 2006, under the Presidency of Austria, the Council reached a similar conclusion, after which the German Presidency finalised the proposal, with a few refinements regarding the relationship between this regulation and Directive 2004/18/EEC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, and Directive 2004/17/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
This version of the proposal is characterised by greater subsidiarity for the Member States than provided for in the Commission proposal of 2000; in particular, it will remain possible for transport to be provided in towns and conurbations by publicly owned operators.
This version of the proposal is characterised by greater subsidiarity for the Member States than provided for in the Commission proposal of 2000; in particular, it will remain possible for transport to be provided in towns and conurbations by publicly owned operators.
In addition to publicly owned operators and public tender procedures, the Council's common position permits a third option, direct award.
In addition to publicly owned operators and public tender procedures, the Council's common position permits a third option, direct award.
There is now a large measure of agreement between Parliament's position at first reading in 2001, the Commission's revised position of 2005 and the common position of the Council of 2006.
There is now a large measure of agreement between Parliament's position at first reading in 2001, the Commission's revised position of 2005 and the common position of the Council of 2006.
Your rapporteur bases his proposal on this agreement.
Your rapporteur bases his proposal on this agreement.
The amendments which he proposed to Parliament's Committee on Transport and Tourism dealt with points raised by non-governmental organisations regarding legal certainty and quality.
The amendments which he proposed to Parliament's Committee on Transport and Tourism dealt with points raised by non-governmental organisations regarding legal certainty and quality.
One consequence of the application of this regulation could be a reduction in the continuity of operation.
One consequence of the application of this regulation could be a reduction in the continuity of operation.
This means that the employees concerned would regularly face serious uncertainty about the future of their jobs because a change of contractual partner could result in collective redundancies.
This means that the employees concerned would regularly face serious uncertainty about the future of their jobs because a change of contractual partner could result in collective redundancies.
Even if employees were recruited by another operator, their terms of employment might suffer.
Even if employees were recruited by another operator, their terms of employment might suffer.
This is similar to the situation with business closures and takeovers.
This is similar to the situation with business closures and takeovers.
The Council's common position, which, as requested by Parliament at first reading, is based on greater freedom of choice for Member States, does mention the desirability of arrangements governing the transfer of staff (Article 4(5) and (6)), but does not make them compulsory.
The Council's common position, which, as requested by Parliament at first reading, is based on greater freedom of choice for Member States, does mention the desirability of arrangements governing the transfer of staff (Article 4(5) and (6)), but does not make them compulsory.
Amendments to insert a requirement for such arrangements while leaving it to the Member States to decide the details, in accordance with national traditions, did not secure a majority when put to the vote in the Committee on Transport and Tourism.
Amendments to insert a requirement for such arrangements while leaving it to the Member States to decide the details, in accordance with national traditions, did not secure a majority when put to the vote in the Committee on Transport and Tourism.
Nor did amendments to provide for particular national circumstances and protect the Member States concerned against effects particularly unfavourable to them.
Nor did amendments to provide for particular national circumstances and protect the Member States concerned against effects particularly unfavourable to them.
The Committee accepted the Council's definition in Article 2(c) of areas for which contracts can be concluded: any area smaller than a Member State is eligible.
The Committee accepted the Council's definition in Article 2(c) of areas for which contracts can be concluded: any area smaller than a Member State is eligible.
Proposals to delete the option of direct award of contracts, which the Council wished to include in Article 5(6), were rejected, but, by a small majority, this option was restricted to a shorter transition period and on the other hand, in Article 5(4), by a large majority, extended in the case of contracts with SMEs.
Proposals to delete the option of direct award of contracts, which the Council wished to include in Article 5(6), were rejected, but, by a small majority, this option was restricted to a shorter transition period and on the other hand, in Article 5(4), by a large majority, extended in the case of contracts with SMEs.
In addition, amendments were adopted relating to avoiding compensation payments which do not cover costs, which would so undermine businesses that continuity of service could not be guaranteed, as well as concerning arrangements for appeal and the conditions which should apply to subcontracting.
In addition, amendments were adopted relating to avoiding compensation payments which do not cover costs, which would so undermine businesses that continuity of service could not be guaranteed, as well as concerning arrangements for appeal and the conditions which should apply to subcontracting.
In view of these relatively small amendments to the common position, your rapporteur anticipates that it will be possible to reach agreement with the Council at second reading, so that, within seven years of the Commission's having submitted this proposal, the legislative procedure can be concluded.
In view of these relatively small amendments to the common position, your rapporteur anticipates that it will be possible to reach agreement with the Council at second reading, so that, within seven years of the Commission's having submitted this proposal, the legislative procedure can be concluded.
14.11.2001 T5-0597/2001
14.11.2001 T5-0597/2001
Променено предложение на Комисията
Amended Commission proposal
Inés Ayala Sender, Etelka Barsi-Pataky, Jean-Louis Bourlanges, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Robert Navarro, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Reinhard Rack, Luca Romagnoli, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Armando Veneto, Marta Vincenzi, Roberts Zīle
Inés Ayala Sender, Etelka Barsi-Pataky, Jean-Louis Bourlanges, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Robert Navarro, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Reinhard Rack, Luca Romagnoli, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Armando Veneto, Marta Vincenzi, Roberts Zīle
Johannes Blokland, Philip Bradbourn, Markus Ferber, Zita Gurmai, Jeanine Hennis-Plasschaert, Helmuth Markov, Ioan Mircea Paşcu, Leopold Józef Rutowicz, Corien Wortmann-Kool
Johannes Blokland, Philip Bradbourn, Markus Ferber, Zita Gurmai, Jeanine Hennis-Plasschaert, Helmuth Markov, Ioan Mircea Paşcu, Leopold Józef Rutowicz, Corien Wortmann-Kool
за Зелената книга относно исковете за вреди при нарушаване на антитръстовите правила на ЕО
on the Green Paper on Damages actions for breach of the EC antitrust rules
Bert Doorn , Комисия по правни въпроси
Bert Doorn , Committee on Legal Affairs
(*) Засилено сътрудничество между комисии - член 47 от правилника
(*) Enhanced cooperation between committees - Rule 47 of the Rules of Procedure
PE 380.685v02-00
PE 380.685v02-00
СТАНОВИЩЕ НА КОМИСИЯТА ПО ПРАВНИ ВЪПРОСИ .............................................16
OPINION of the Committee on Legal Affairs (*) ................................................15
(*) Засилено сътрудничество между комисии - член 47 от правилника
(*) Enhanced cooperation between committees - Rule 47
– като взе предвид Зелената книга относно исковете за вреди при нарушаване на антитръстовите правила на ЕО ( COM(2005)0672 ) (Зелена книга относно исковете за вреди),
– having regard to the Green Paper on Damages actions for breach of EC antitrust rules ( COM(2005)0672 ) (Green Paper on Damages),
- като взе предвид своята резолюция от 15 ноември 1961 г.
- having regard to its resolution of 15 November 1961
- като взе предвид съобщението на Комисията относно сътрудничеството между националните органи за защита на конкуренцията и Комисията при разглеждане на дела, попадащи в приложното поле на членове 85 и 86 от Договора за ЕО
- having regard to the Commission Notice on cooperation between national competition authorities (NCAs) and the Commission in handling cases falling within the scope of Articles 85 or 86 of the EC Treaty
- като взе предвид заключенията на председателството от Европейския съвет в Лисабон от 23-24 март 2000 г., Европейския съвет в Гьотеборг от 15-16 юни 2001 г., Европейския съвет в Лаакен от 14-15 декември 2001 г., Европейския съвет в Барселона от 15-16 март 2002 г. и Европейския съвет в Брюксел от 20-21 март 2003 г., 25-26 март 2004 г., 22-23 март 2005 г. и 23-24 март 2006 г.,
- having regard to the Presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, the Gothenburg European Council of 15 and 16 June 2001, the Laeken European Council of 14 and 15 December 2001, the Barcelona European Council of 15 and 16 March 2002, and the Brussels European Councils of 20 and 21 March 2003, 25 and 26 March 2004, 22 and 23 March 2005, and 23 and 24 March 2006,
- като взе предвид публикувания през ноември 2004 г. доклад на групата на високо равнище за Лисабонската стратегия, озаглавен "Посрещане на предизвикателството - Лисабонската стратегия за растеж и заетост",
- having regard to the report published in November 2004 by the High Level Group on the Lisbon Strategy, entitled 'Facing the challenge - The Lisbon Strategy for growth and employment',
- като взе предвид Регламент (ЕО) № 1/2003 на Съвета от 16 декември 2002 г. относно прилагането на правилата за конкуренция, предвидени в членове 81 и 82 от Договора
- having regard to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty
- като взе предвид международните актове, които признават правото на ефективна съдебна защита, и по-специално Всеобщата декларация за правата на човека, Международния пакт за граждански и политически права, Международния пакт за икономически, социални и културни права, както и протоколите към тях,
- having regard to the international instruments that recognise the right to effective judicial protection and in particular the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as the protocols thereto,
- като взе предвид член 6 от Европейската конвенция за защита на правата на човека и основните свободи и протоколите към нея,
- having regard to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto,
- като взе предвид член 47 от Хартата на основните права на Европейския съюз,
- having regard to Article 47 of the Charter of Fundamental Rights of the European Union,
- като взе предвид член 45 от своя правилник,
- having regard to Article 45 of its Rules of Procedure,
– като взе предвид доклада на комисията по икономически и парични въпроси и становището на комисията по правни въпроси ( A6‑0133/2007 ),
– having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs ( A6‑0133/2007 ),