Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-02-22-Speech-2-226"
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"en.20050222.15.2-226"2
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".
I wish to say at the outset that this is really a question on public procurement and not on the Services Directive.
The first point to note is that, as regards the participation in procedures for the award of public works contracts, it is not contrary to Community law that technical, architectural or construction companies holding shares in other companies which provide audiovisual services in one Member State, including the Member States of establishment, participate in such procedures in any of the Member States, including the one in which they are established.
Under Community public procurement law, there is an exhaustive list of criteria to exclude companies from public procurement contracts. Examples of these are when a company is being wound up, when its managers have been involved in proven misconduct, or when tax or social security obligations have not been fulfilled. Member States may not add criteria to this list. As regards the proposed directive on services, the Commission can confirm that all these services fall within its scope.
It is the case that certain Member States impose restrictions on multi-disciplinary activities that may restrict either the freedom of establishment or the cross-border provision of services. In order to deal with these kinds of potential barriers, Article 30 of the proposal stipulates that Member States shall ensure that providers are not made subject to requirements which oblige them to exercise a given activity exclusively, or in a manner which restricts the exercise of different activities either jointly or in partnership.
However, exceptions are made for regulated professions and providers of certification, accreditation, technical monitoring, and test or trial services. For activities where multidisciplinary activities are authorised, Member States shall ensure that conflicts of interest and incompatibilities between certain activities are prevented, that independence and impartiality – when required – are secured, and that rules on professional ethics and conduct for different activities are compatible. These requirements will be subject to mutual evaluation by the Member States and the Commission."@en1
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