Annexes to COM(2011)897 - Award of concession contracts - Main contents
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dossier | COM(2011)897 - Award of concession contracts. |
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document | COM(2011)897 ![]() |
date | February 26, 2014 |
LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 (1)
NACE Rev. 1 (2) | CPV code | ||||||||||||||||||||||||||||||
SECTION F | CONSTRUCTION | ||||||||||||||||||||||||||||||
Division | Group | Class | Subject | Notes | |||||||||||||||||||||||||||
45 | Construction | This division includes: construction of new buildings and works, restoring and common repairs. | 45000000 | ||||||||||||||||||||||||||||
45.1 | Site preparation | 45100000 | |||||||||||||||||||||||||||||
45.11 | Demolition and wrecking of buildings; earth moving | This class includes:
This class also includes:
| 45110000 | ||||||||||||||||||||||||||||
45.12 | Test drilling and boring | This class includes:
This class excludes:
| 45120000 | ||||||||||||||||||||||||||||
45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | |||||||||||||||||||||||||||||
45.21 | General construction of buildings and civil engineering works | This class includes:
This class excludes:
| 45210000 Except: – 45213316 45220000 45231000 45232000 | ||||||||||||||||||||||||||||
45.22 | Erection of roof covering and frames | This class includes:
| 45261000 | ||||||||||||||||||||||||||||
45.23 | Construction of highways, roads, airfields and sport facilities | This class includes:
This class excludes:
| 45212212 and DA03 45230000 except: – 45231000 – 45232000 – 45234115 | ||||||||||||||||||||||||||||
45.24 | Construction of water projects | This class includes construction of:
| 45240000 | ||||||||||||||||||||||||||||
45.25 | Other construction work involving special trades | This class includes:
This class excludes:
| 45250000 45262000 | ||||||||||||||||||||||||||||
45.3 | Building installation | 45300000 | |||||||||||||||||||||||||||||
45.31 | Installation of electrical wiring and fittings | This class includes: installation in buildings or other construction projects of:
| 45213316 45310000 Except: – 45316000 | ||||||||||||||||||||||||||||
45.32 | Insulation work activities | This class includes:
This class excludes:
| 45320000 | ||||||||||||||||||||||||||||
45.33 | Plumbing | This class includes:
This class excludes:
| 45330000 | ||||||||||||||||||||||||||||
45.34 | Other building installation | This class includes:
| 45234115 45316000 45340000 | ||||||||||||||||||||||||||||
45.4 | Building completion | 45400000 | |||||||||||||||||||||||||||||
45.41 | Plastering | This class includes:
| 45410000 | ||||||||||||||||||||||||||||
45.42 | Joinery installation | This class includes:
This class excludes:
| 45420000 | ||||||||||||||||||||||||||||
45.43 | Floor and wall covering | This class includes:
| 45430000 | ||||||||||||||||||||||||||||
45.44 | Painting and glazing | This class includes:
This class excludes:
| 45440000 | ||||||||||||||||||||||||||||
45.45 | Other building completion | This class includes:
This class excludes:
| 45212212 and DA04 45450000 | ||||||||||||||||||||||||||||
45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||||||||||||||||||||||||||||
45.50 | Renting of construction or demolition equipment with operator | This class excludes:
| 45500000 |
(1) In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature will apply.
(2) Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1).
ANNEX II
ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7
The provisions of this Directive governing concessions awarded by contracting entities shall apply to the following activities:
1. | As far as gas and heat are concerned:
The supply by a contracting entity referred to in points (b) and (c) of Article 7(1) of gas or heat to fixed networks which provide a service to the public shall not be considered to be a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:
For the purposes of this Directive, ‘supply’ includes the generation/production, wholesale and retail sale of gas. However, production of gas in the form of extraction falls within the scope of paragraph 4 of this Annex. |
2. | As far as electricity is concerned:
For the purposes of this Directive, supply of electricity includes generation/production, wholesale and retail sale of electricity. The supply by a contracting entity referred to in points (b) and (c) of Article 7(1) of electricity to networks which provide a service to the public shall not be considered to be a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:
|
3. | Activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable. As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service. |
4. | 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. |
5. | Activities relating to the provision of:
For the purpose of this Directive and without prejudice to Directive 97/67/EC:
|
6. | Activities relating to the exploitation of a geographical area for the purpose of:
|
ANNEX III
LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)
Rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute ‘special or exclusive rights’ within the meaning of this Directive. The following lists procedures, ensuring adequate prior transparency, for granting authorisations on the basis of other legislative acts of the Union which do not constitute ‘special or exclusive rights’ within the meaning of this Directive:
(a) | Granting authorisation to operate natural gas installations in accordance with the procedures laid down in Article 4 of Directive 2009/73/EC; |
(b) | Authorisation or an invitation to tender for the construction of new electricity production installations in accordance with Directive 2009/72/EC; |
(c) | The granting in accordance with the procedures laid down in Article 9 of Directive 97/67/EC of authorisations in relation to a postal service which is not or shall not be reserved; |
(d) | A procedure for granting an authorisation to carry on an activity involving the exploitation of hydrocarbons in accordance with Directive 94/22/EC; |
(e) | Public service contracts within the meaning of Regulation (EC) No 1370/2007 for the provision of public passenger transport services by bus, tramway, rail or metro, which have been awarded on the basis of a competitive tendering procedure in accordance with its Article 5(3), provided that its length is in conformity with Article 4(3) or (4) of that Regulation. |
ANNEX IV
SERVICES REFERRED TO IN ARTICLE 19
Description | CPV Code |
79611000-0; 75200000-8; 75231200-6; 75231240-8; 79622000-0 [Supply services of domestic help personnel]; 79624000-4 [Supply services of nursing personnel] and 79625000-1 [Supply services of medical personnel] from 85000000-9 to 85323000-9; 85143000-3, 98133100-5, 98133000-4 and 98200000-5 and 98500000-8 [Private households with employed persons] and 98513000-2 to 98514000-9 [Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services], | Health, social and related services |
85321000-5 and 85322000-2, 75000000-6 [Administration, defence and social security services], 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92342200-2; from 92360000-2 to 92700000-8; 79950000-8 [Exhibition, fair and congress organisation services], 79951000-5 [Seminar organisation services], 79952000-2 [Event services], 79952100-3 [Cultural event organisation services], 79953000-9 [Festival organisation services], 79954000-6 [Party organisation services], 79955000-3[Fashion shows organisation services], 79956000-0 [Fair and exhibition organisation services] | Administrative, social, educational, healthcare and cultural services |
75300000-9 | Compulsory social security services (1) |
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 | Benefit services |
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 | Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services. |
98131000-0 | Religious services |
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 [55521000-8 Catering services for private households, 55521100-9 Meals-on-wheels services, 55521200-0 Meal delivery service]. 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal services | Hotel and restaurant services |
79100000-5 to 79140000-7; 75231100-5; | Legal services, to the extent not excluded pursuant to Article 10(8)(d) |
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 | Other administrative services and government services |
75200000-8 to 75231000-4 | Provision of services to the community |
75231210-9 to 75231230-5; 75240000-0 to 75252000-7; 794300000-7; 98113100-9 | Prison related services, public security and rescue services, to the extent not excluded pursuant to point (g) of Article 10(8) |
79700000-1 to 79721000-4 [Investigation and security services, Security services, Alarm-monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services] 79722000-1[Graphology services], 79723000-8 [Waste analysis services] | Investigation and security services |
64000000-6 [Postal and telecommunications services], 64100000-7 [Post and courier services], 64110000-0 [Postal services], 64111000-7 [Postal services related to newspapers and periodicals], 64112000-4 [Postal services related to letters], 64113000-1 [Postal services related to parcels], 64114000-8 [Post office counter services], 64115000-5 [Mailbox rental], 64116000-2 [Post-restante services], 64122000-7 [Internal office mail and messenger services] | Postal Services |
50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith services] | Miscellaneous services |
98900000-2 [Services provided by extra-territorial organisations and bodies] and 98910000-5 [Services specific to international organisations and bodies] | International services |
(1) These services are not covered by the present Directive where they are organised as non-economic services of general interest. Member States are free to organise the provision of compulsory social services or of other services as services of general interest or as non-economic services of general interest.
ANNEX V
INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31
1. | Name, identification number (where provided for in national legislation), address, including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained. |
2. | Type of contracting authority or entity and main activity exercised. |
3. | If the applications are to contain tenders, e-mail or internet address at which the concession documents will be available for unrestricted and full direct access, free of charge. Where unrestricted and full direct access, free of charge, is not available in the cases referred to in Article 34(2) an indication of how the procurement documents can be accessed. |
4. | Description of the concession: nature and extent of works, nature and extent of services, order of magnitude or indicative value and, where possible, duration of the contract. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options. |
5. | CPV codes. Where the concession is divided into lots, this information shall be provided for each lot. |
6. | NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance service concessions; where the concession is divided into lots, this information shall be provided for each lot. |
7. | Conditions for participation, including:
|
8. | Time limit for the submission of applications or receipt of tenders. |
9. | Criteria which will be applied in the award of the concession where they do not appear in other concession documents. |
10. | Date of dispatch of the notice. |
11. | Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise information concerning the deadline for lodging appeals or, if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained. |
12. | Where appropriate, particular conditions to which performance of the concession is subject. |
13. | Address where applications or tenders shall be transmitted. |
14. | Where appropriate, indication of requirements and conditions related to the use of electronic means of communication. |
15. | Information as to whether the concession is related to a project and/or programme financed by Union funds. |
16. | For works concessions, indication as to whether the concession is covered by the GPA. |
ANNEX VI
INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)
1. | Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or contracting entity and, where different, of the service from which additional information may be obtained. |
2. | Where appropriate, e-mail or internet address at which the specifications and any supporting documents will be available. |
3. | Type of contracting authority or contracting entity and main activity exercised. |
4. | CPV codes; where the contract is divided into lots, this information shall be provided for each lot. |
5. | NUTS code for the main place of delivery or performance of service concessions. |
6. | Description of the services, indicative order of magnitude or value. |
7. | Conditions for participation. |
8. | Where applicable, time limit(s) for contacting the contracting authority or contracting entity in view of participation. |
9. | Where applicable, brief description of the main features of the award procedure to be applied. |
10. | Any other relevant information. |
ANNEX VII
INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32
1. | Name, identification number (where provided for in national legislation), address including NUTS code and, where appropriate, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained. |
2. | Type of contracting authority or entity and main activity exercised. |
3. | CPV codes. |
4. | NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance in case of service concessions; |
5. | Description of the concession: nature and extent of works, nature and extent of services, duration of the contract. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options. |
6. | Description of award procedure used, in the case of award without prior publication, justification. |
7. | Criteria referred to in Article 41 which were used for award of the concession or concessions. |
8. | Date of concession award decision or decisions. |
9. | Number of tenders received with respect of each award, including:
|
10. | For each award, name, address including NUTS code and, where applicable, telephone, fax number, e-mail address and internet address of the successful tenderer(s) including:
|
11. | Value and main financial terms of the awarded concession, including:
|
12. | Information whether the concession is related to a project and/or programme financed by Union funds. |
13. | Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained. |
14. | Date(s) and reference(s) of previous publications in the Official Journal of the European Union relevant to the concession(s) advertised in this notice. |
15. | Date of dispatch of the notice. |
16. | Method used to calculate the estimated value of the concession, if not specified in other concession documents in accordance with Article 8. |
17. | Any other relevant information. |
ANNEX VIII
INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32
1. | Name, identification number (where provided for in national legislation), address including NUTS code, where applicable, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained. |
2. | Type of contracting authority or entity and main activity exercised. |
3. | CPV codes; where the contract is divided into lots, this information shall be provided for each lot. |
4. | Summary indication of the subject of the concession. |
5. | Number of tenders received. |
6. | Value of the successful tender, including fees and prices. |
7. | Name and address including NUTS code, telephone, fax number, e-mail address and internet address of the successful economic operator(s). |
8. | Any other relevant information. |
ANNEX IX
FEATURES CONCERNING PUBLICATION
1. Publication of notices
The notices referred to in Articles 31 and 32 shall be sent by the contracting authorities or contracting entities to the Publications Office of the European Union and published in accordance with the following rules:
Notices referred to in Articles 31 and 32 shall be published by the Publications Office of the European Union
The Publications Office of the European Union shall give the contracting authority or entity the confirmation referred to in Article 33(2).
2. Format and procedures for sending notices electronically
The format and procedure for sending notices electronically as established by the Commission are made accessible at the internet address ‘http://simap.europa.eu’
ANNEX X
LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)
ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise;
ILO Convention 98 on the Right to Organise and Collective Bargaining;
ILO Convention 29 on Forced Labour;
ILO Convention 105 on the Abolition of Forced Labour;
ILO Convention 138 on Minimum Age;
ILO Convention 111 on Discrimination (Employment and Occupation);
ILO Convention 100 on Equal Remuneration;
ILO Convention 182 on Worst Forms of Child Labour;
Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer;
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention);
Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention);
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO) (PIC Convention) and its 3 regional Protocols.
ANNEX XI
INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
1. | Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained. |
2. | CPV codes. |
3. | NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance in service concessions. |
4. | Description of the concession before and after the modification: nature and extent of the works, nature and extent of services. |
5. | Where applicable, modification of value of the concession, including increase in prices or fees caused by the modification. |
6. | Description of the circumstances which have rendered necessary the modification. |
7. | Date of concession award decision. |
8. | Where applicable, the name, address including NUTS code telephone, fax number, e-mail address and internet address of the new economic operator or operators. |
9. | Information whether the concession is related to a project and/or programme financed by Union funds. |
10. | Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained. |
11. | Date(s) and reference(s) of previous publications in the Official Journal of the European Union relevant to the contract(s) concerned by this notice. |
12. | Date of dispatch of the notice. |
13. | Any other relevant information. |