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OJ L 94, In force: This act has been changed. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53 1single vtt marne, Article 62 and Article thereof. Having regard to the opinion of the European Economic and Social Committee 1 , single vtt marne. Having regard to the opinion of the Committee of the Regions 2.
Acting in accordance with the ordinary legislative procedure 3. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that those principles are given practical effect and public procurement is opened up to competition.
There is also a need to clarify basic notions and concepts to ensure legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. When implementing this Directive, the United Nations Convention on the Rights of Persons with Disabilities 6 should be taken into account, in particular in connection with the choice of means of communications, technical specifications, award criteria and contract performance conditions.
The Union rules on public procurement are not intended to cover all forms of disbursement of public funds, but only those aimed at the acquisition of works, supplies or services for consideration by means of a public contract.
It should be clarified that such acquisitions of works, supplies or services should be subject to this Directive whether they single vtt marne implemented through purchase, leasing or other contractual forms, single vtt marne. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services in question, single vtt marne, not necessarily requiring a transfer of ownership to the contracting authorities.
Furthermore, single vtt marne, the single vtt marne financing, in particular through grants, of an activity, single vtt marne, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall within the scope of the public procurement rules.
Similarly, situations where all operators fulfilling certain conditions are entitled to perform a given task, without any selectivity, such as customer choice and service voucher systems, should not be understood as being procurement but simple authorisation schemes for instance licences for medicines or medical services.
It should be recalled that nothing in this Directive obliges Member States to contract out or externalise the provision of services that they wish to provide themselves or to organise by means other than public contracts within the meaning of this Directive. The provision of services based on laws, regulations or employment contracts should not be covered.
In some Member States, this might for example be the case for certain administrative and government services such as executive and legislative services or the provision of certain services to the community, such as foreign affairs services or justice services or compulsory social security services.
It is also appropriate to recall that this Directive should not affect the social security legislation of the Member States. Nor should it deal with the liberalisation of services of general economic interest, reserved to single vtt marne or private entities, or with the privatisation of public entities providing services.
It should equally be recalled that Member States are free to organise the provision of compulsory single vtt marne services or of other services such as postal services either as services of general economic interest or as non-economic services of single vtt marne interest single vtt marne as a mixture thereof.
It is appropriate to clarify that non-economic services of general interest should not fall within the scope of this Directive. It should finally be recalled that this Directive is without prejudice to the freedom of national, single vtt marne and local authorities to define, in conformity with Union law, services of general economic interest, their scope and the characteristics of the service to be provided, including any conditions regarding the quality of the service, in order to pursue their public policy objectives.
This Directive should single vtt marne be without prejudice to the power of national, regional and local authorities to provide, commission and finance services of general economic interest in accordance with Article 14 TFEU and Protocol No 26 single vtt marne Services of General Interest annexed to the TFEU and to the Treaty on European Union TEU.
In addition, this Directive does not deal with the funding of services of general economic interest or with systems of aid granted by Member States, single vtt marne, in particular in the social field, in accordance with Union rules on competition.
A contract should be deemed to be a public works contract only if its subject-matter specifically covers the execution of activities listed in Annex II, even if the contract covers the provision of other services necessary for the execution of such activities. Public service contracts, in particular in the sphere of property management services, may, in single vtt marne circumstances, include works.
However, in so far as such works are incidental to the principal subject-matter of the contract, and are a possible consequence thereof or a complement thereto, the fact that such works are included in the contract does not justify the qualification of the single vtt marne service contract as a public works contract. However, in view of the diversity of public works contracts, contracting authorities should be able to make provision for contracts for the design and execution of work to be awarded either separately or jointly.
This Directive is not intended to prescribe either joint or separate contract awards. The realisation of a work corresponding to the requirements specified by a contracting authority requires that the authority in question must have taken measures to define the type of the work or, at the very least, have had a decisive single vtt marne on its design.
Whether the contractor realises all or part of the work by his own means or ensures their realisation by other means should not change the classification of the contract as a works contract, as long as the contractor assumes a direct or indirect obligation that is legally enforceable to ensure that the works will be realised.
To clarify that the scope of this Directive ratione personae should remain unaltered, it is appropriate to maintain the definitions on which the Court based itself and to incorporate a certain number of clarifications given by that case-law as a key to the understanding of the definitions themselves, without the intention of single vtt marne the understanding of the concepts as elaborated by the case-law.
In the case of mixed contracts, the applicable rules should be determined with respect single vtt marne the main subject of the contract where the different parts which constitute the contract are objectively not separable. It should therefore be clarified how contracting authorities should determine whether the different parts are separable or not.
Such clarification should be based on the relevant case-law of the Court of Justice of the European Union. The determination should be carried out on a case-by-case basis, in which the expressed or presumed intentions of the contracting authority single vtt marne regard the various aspects making up a mixed contract as indivisible should not be sufficient, but should be supported by objective evidence capable of justifying them and of establishing the need to conclude a single contract.
Such a justified need to conclude a single contract could for instance be present in the case of the construction of one single building, single vtt marne, a part of which is to be used directly by the contracting authority concerned and another part to be operated on a concessions basis, for instance to provide parking facilities to the public.
It should be clarified that the need to conclude a single contract may be due to reasons both of a technical nature and of an economic nature.
In the case of mixed contracts which can be separated, single vtt marne, contracting authorities are always free to award separate contracts for the separate parts of single vtt marne mixed contract, in which case the provisions applicable to each separate part should be determined exclusively with respect to the characteristics of that specific contract. On the other hand, where contracting authorities choose to include other elements in the procurement, whatever their value and whatever the legal regime the added elements would otherwise have been subject to, the main principle should be that, where a contract should be awarded pursuant to the provisions of this Directive, single vtt marne, if awarded on its own, then this Directive should continue to apply to the entire mixed contract.
However, special provision should be made for mixed contracts involving defence or security aspects or parts not falling within the scope of the TFEU. Single vtt marne should be clarified that groups of economic operators, including where they have come together in the form of a temporary association, may participate in award procedures without it being necessary for them to take on a specific legal form.
To the extent this is necessary, for instance where joint and several liability is required, single vtt marne, a specific form may be required when such groups are awarded the contract. It should also be clarified that contracting authorities should be able to set out explicitly how groups of economic operators are to meet the requirements concerning economic and financial standing as set out in this Directive, or the criteria relating to technical and professional ability, which are required of economic operators participating on their own, single vtt marne.
The performance of contracts by groups of economic operators may necessitate setting conditions which are not imposed on individual participants. Such conditions, which should be justified by objective reasons and be proportionate, could for instance include requiring the appointment of a joint representation or a lead partner for the purposes of the procurement procedure or requiring information on their constitution. Contracting authorities should make use of all possible means at their disposal under national law in order to prevent distortions in public procurement procedures stemming from conflicts of interest.
This could include procedures to identify, prevent and remedy conflicts of interests. The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to single vtt marne contracts with a view to achieving the liberalisation and expansion of world trade. The GPA applies to contracts above certain thresholds, set in the GPA and expressed as special drawing rights. The thresholds laid down by this Directive should be aligned to ensure that they correspond to the euro equivalents of the thresholds of the GPA.
Provision should also be made for periodic reviews of the thresholds expressed in euros so as to adjust them, by means of a purely mathematical operation, to possible variations in the value of the euro in relation to those special drawing rights.
Apart from those periodic mathematical adjustments, an increase in the thresholds single vtt marne in the GPA should be explored during the next round of negotiations thereof. It should be clarified that, single vtt marne, for the estimation of the value of a contract, all revenues have to be taken into account, whether received from the contracting authority or from third parties.
It should also be clarified that, for the purpose of estimating the thresholds, the notion of single vtt marne supplies should be understood as products which are intended for identical or similar uses, such as supplies of a range of foods or of various items of office furniture.
Typically, an economic operator active in the field concerned would be likely to carry such supplies as part of his normal product range.
For the purposes of estimating the value of a given procurement, it should be clarified that it should be allowed to base the estimation of the value on a subdivision of the procurement only where justified by objective reasons.
For instance, it could be justified to estimate contract values at the level of a separate operational unit of the contracting authority, such as for instance schools or kindergartens, provided that the unit in question is independently responsible for single vtt marne procurement.
This can be assumed where the separate operational unit independently runs the procurement procedures and makes the buying decisions, has a separate budget line at its disposal for the procurements concerned, concludes the contract independently and finances it from a budget which it has at its disposal.
A subdivision is not justified where the contracting authority merely organises a procurement in a decentralised way. However, contracts awarded by contracting authorities in the context of their operation of maritime, coastal or river transport services fall within the scope of this Directive.
Being addressed to Member States, single vtt marne, this Directive does not apply to procurement carried out by international organisations on their own behalf and for their own account. There is, single vtt marne, however, a need to clarify to what extent this Directive should be applied to procurement governed by specific international rules.
The awarding of public contracts for certain audiovisual and radio media services by media providers should allow aspects of cultural or social significance to be taken into account, which renders the application of procurement rules inappropriate. For those reasons, an exception should therefore be made for public service contracts, awarded by the media service providers themselves, for the purchase, development, production or co-production of off-the-shelf programmes and other preparatory services, such as those relating to scripts or artistic performances necessary for the production of the programme.
It should also be clarified that that exclusion should apply equally to broadcast media services and on-demand services non-linear services. However, that exclusion should not apply to the supply of technical equipment necessary for the production, co-production and broadcasting of such programmes. It should be recalled that arbitration and conciliation services and other similar forms of alternative dispute single vtt marne are usually provided by bodies or individuals which are agreed on, or selected, in a manner which cannot be governed by procurement rules.
It should be clarified that this Directive does not apply to service contracts for the provision of such services, whatever their denomination under national law. A certain number of legal services are rendered by service providers that are designated by a court or tribunal of a Member State, single vtt marne, involve representation of clients in judicial proceedings by lawyers, must be provided by notaries or are connected with the exercise of official authority.
Such legal services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules, such as for instance the designation of State Attorneys in certain Member States. Those legal services should therefore be excluded from the scope of this Directive, single vtt marne. It is appropriate to specify that the notion of financial instruments as referred to in this Directive is given the same meaning as in other internal market legislation and, in view of the recent creation of the European Financial Stability Facility and the European Stability Mechanism, it should be stipulated that operations conducted with that Facility and that Mechanism should be excluded from the scope of this Directive.
It should finally be clarified that loans, whether or not they are in connection with the issuing of securities or other financial instruments or other operations therewith, should be excluded from the scope of this Directive. It should furthermore be recalled that that Regulation continues to apply to public service contracts as well as to service concessions for public passenger transport by rail or metro. This Directive should not apply to certain emergency services where they are performed by non-profit organisations or associations, since the particular nature of those organisations would be difficult to preserve if the service providers had to be chosen in accordance with the procedures set out in this Directive.
However, single vtt marne, the exclusion should not be extended beyond that strictly necessary. It should therefore be set out explicitly that patient transport ambulance services should not be excluded.
Consequently, mixed contracts for the provision of ambulance services in general would also be subject to the light regime if single vtt marne value of the patient transport ambulance services were greater than the value of other ambulance services.
It is appropriate to recall that this Directive applies only to contracting authorities of Member States. Consequently, political parties in general, not being contracting authorities, are not subject to its provisions. However, political parties in some Member States might fall within the notion of bodies governed by public law. However, certain services such as propaganda film and video-tape production are so inextricably connected to the political views of the service provider when provided in the context of an election campaign, that the service providers are normally selected in a manner which cannot be governed by procurement rules.
Finally, it should be recalled that the statute and funding of European political parties and European political foundations are subject to rules other than those laid down in this Directive. In certain cases, a contracting authority or an association of contracting authorities may be the sole source for a particular service, in respect of the provision of which it enjoys an exclusive right pursuant to laws, regulations or published administrative provisions which are compatible with the TFEU.
It should be clarified that single vtt marne Directive need not apply to the award of public service contracts to that contracting authority or association. Single vtt marne is considerable legal uncertainty as to how far contracts concluded between entities in the public sector should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted differently between Member States and even between contracting authorities.
It is therefore necessary to clarify in which cases contracts concluded within the public sector are not subject to the application of public procurement rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice of the European Union, single vtt marne. The sole fact that both parties to an agreement are themselves public authorities does not as such rule out the application of procurement rules.
However, the application of public procurement rules should not interfere with the freedom of public authorities to perform the public service tasks conferred on them by using their own resources, which includes the possibility of cooperation with other public authorities.
It should be ensured that any exempted public-public cooperation does not result in a distortion of competition in relation to private economic operators in so far as it places single vtt marne private provider of services in a position of advantage vis-à-vis its competitors.
The exemption should not extend to situations where there is direct participation by a private economic operator single vtt marne the capital of the controlled legal person since, in such circumstances, single vtt marne, the award of a public contract without a competitive procedure would provide the private economic operator with a capital participation in the controlled legal person an undue advantage over its competitors.
However, in view of the particular characteristics single vtt marne public bodies with compulsory membership, such as organisations responsible for the management or exercise of certain public services, this should not apply in cases where the participation of specific private economic operators in the capital of the controlled legal person is made compulsory by a national legislative provision in conformity with the Treaties, provided that such participation is non-controlling and non-blocking and does not confer a decisive influence on the decisions of the controlled legal person.
It should further be clarified that the decisive element is only the direct private participation in the controlled legal person. Therefore, where there is private capital participation in the controlling contracting authority or in the controlling contracting authorities, this does single vtt marne preclude the award of public contracts to the controlled legal person, without applying the procedures provided for by this Directive as such participations do not adversely affect competition between private economic operators.
It should also be clarified that contracting authorities such as bodies governed by public law, that may have private capital participation, should be in a position to avail themselves of the exemption for horizontal cooperation. Consequently, single vtt marne, where all other conditions in relation to horizontal cooperation are met, the horizontal cooperation exemption should extend to such contracting authorities where the contract is concluded exclusively between contracting authorities.
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In such cases, non-application of this Directive should be possible provided that the award of a single contract is justified for objective reasons and that the decision to award a single contract is not taken for the purpose of excluding contracts from the application of this Directive or of Directive /81/EC of the European Parliament and of the Council (7) Large choix de Vélos, Composants & Equipements d’Occasions! Vélo, Running & Outdoor, sont sur Alltricks Occassions! Bienvenue sur la chaîne YouTube de Boursorama! Le portail blogger.com compte plus de 30 millions de visites mensuelles et plus de millions de pages vues par mois, en moyenne. Boursorama
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