On Twitter #ACTA reflects - in almost real time - news and opinion about the anti-counterfeiting (and much more) trade agreement. Even if some of the exhortations and slogans are over the top, there are reality based news items and knowledge based critical analyses among the tweets.
Access.org
The ACTA Action Center of Access offers a variety of information, such as a petition to sign, arguments against the treaty and videos from the demonstrations. You can follow @accessnow on Twitter.
Naturally, you have to be as critical when you read claims from campaigners, as when you encounter arguments put forward by the EU Commission and the governments of the member states of the European Union.
Stopacta.info
Stopacta.info and @StopActaNow offer you both campaign material and links to critical studies about the anti-piracy treaty. The latest tweets linked to the anti-ACTA action day demonstrations.
Stopp ACTA!
Stopp ACTA! offers information about the action day demonstrations 11 February 2012 and @Stopp_ACTA tweets in both German and English, including a link to photos and videos from the events.
La Quadrature, EDRi, 10comm and EFF
For those who want to look deeper at the issues, there are a few networks or organisations with detailed analyses and arguments on offer. You find their web pages, with more information, through their Twitter accounts.
Both in English and in French: @laquadrature. In English: @EDRi_org and @10comm as well as the American @EFF.
Avaaz petition - 2.2 million signatures!
The Avaaz petition for the European Parliament (and the national parliaments) to reject ACTA keeps rolling. It has passed the two million mark and a few moments ago 2,200,370 citizens had already signed the global appeal.
Political anti-ACTA parties
The Greens in the European Parliament have worked tirelessly for Internet and digital rights and copyright themes.
The Green group includes two Swedish Pirate Party MEPs. After the birth in Sweden, the Pirate Party movement has spread to most of the developed countries, with the Pirate Parties International (PPI) (website) as the umbrella organisation.
The oldest sister in the family, @piratpartiet tweets in Swedish. The web page Piratpartiet live aggregates blog entries from activists and on the web in both Swedish and English.
As we saw earlier, the Party of European Socialists (PES) and the second largest EP political group, the Alliance of Socialists and Democrats (S&D), practically sent ACTA to the scrapheap of history with regard to the European Union and its member states.
We can follow @PES_PSE and @TheProgressives on Twitter for further developments. It remains to be seen if the national social democratic, socialist and labour parties, as well as their youth organisations, join the the European level political group and party in derailing ACTA.
After the massive protests, there is cause for the remaining political ACTA proponents to think how profoundly the want to stay out of touch with netizens in general and the young generations in particular.
Ralf Grahn
speaker on EU digital policy and law
P.S. For better or for worse, between the global issues and the national level, the European Union shapes our digital future and online freedoms. More than 900 euroblogs are aggregated by multilingual Bloggingportal.eu. Is your blog already listed among them? Are you following the debates which matter for your future?
Showing posts with label network. Show all posts
Showing posts with label network. Show all posts
Sunday, 12 February 2012
Tuesday, 29 December 2009
EU Network and Information Security (NIS) resolution officially published
In the blog post EU Network and Information Security (NIS) (27 December 2009) we presented the Council resolution and detailed preparatory work by the Commission, mentioning that the annexed resolution would be published in the Official Journal of the European Union (OJEU), but that in the meantime we followed the Council document.
OJEU
Adhering to the principle to use the most authentic and official sources available, we can now announce the official publication of the Council resolution on NIS, which forms the tip of the iceberg:
COUNCIL RESOLUTION of 18 December 2009 on a collaborative European approach to Network and Information Security, published in the Official Journal of the European Union (OJEU) 29.12.2009 C 321/1.
NIS reasons
At the same time, we can repeat some of the reasons for the importance of NIS action noted by the Council:
Ralf Grahn
P.S. Read Coulisses de Bruxelles, by Jean Quatremer, and other great euroblogs listed on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
OJEU
Adhering to the principle to use the most authentic and official sources available, we can now announce the official publication of the Council resolution on NIS, which forms the tip of the iceberg:
COUNCIL RESOLUTION of 18 December 2009 on a collaborative European approach to Network and Information Security, published in the Official Journal of the European Union (OJEU) 29.12.2009 C 321/1.
NIS reasons
At the same time, we can repeat some of the reasons for the importance of NIS action noted by the Council:
II. NOTING THAT:
1. Given the importance of electronic communications, infrastructures and services as a basis of economic and social activity, Network and Information Security (NIS) contributes to important values and objectives in society, such as democracy, privacy, economic growth, the free flow of ideas, and economic and political stability;
2. Information and communication technology systems, infrastructures and services, including the Internet, play a vital role for society, and their disruption has the potential to cause huge economic damage, underlining the importance of measures to increase protection and resilience aimed at ensuring continuation of critical services;
3. Security incidents risk undermining user confidence. While severe disruptions of networks and information systems could have a major economic and social impact, everyday problems and nuisances also risk eroding public confidence in technology, networks and services;
4. The threat landscape is evolving and growing, which increases the need to provide end-users, businesses and governments with electronic communications infrastructures that are robust and resilient by default and to identify the right incentives for the providers to do so in a timely manner;
5. There is a need to enhance and embed Network and Information Security in all policy areas and sectors of society, and to address the challenge of ensuring sufficient skills via both national and European actions and raising awareness among users of information and communication technology (ICT);
6. The completion and functioning of the Internal Market will require that network owners and service providers cooperate across borders, given that possible disruptive events in one Member State may also affect other Member States and the EU as a whole;
7. New usage patterns, such as cloud computing and software as a service, put additional emphasis on the importance of Network and Information Security;
8. Network and Information Security serves the objective of all parties, in all sectors of society, to be able to trust the information systems, therefore a cross-sector and cross-border approach is needed;
9. With the increasing use of ICT in society, Network and Information Security is a prerequisite for the reliable, safe and secure delivery of public services, such as e- Government;
10. ENISA has the potential to build on the important role it already plays in Network and Information Security.
Ralf Grahn
P.S. Read Coulisses de Bruxelles, by Jean Quatremer, and other great euroblogs listed on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
Sunday, 27 December 2009
EU Network and Information Security (NIS)
Have we humans always got our priorities right? If Santa Claus gets a parking ticket for his reindeer, it is front page news around the globe. But without information and communication technologies (ICT) in working order, even that news item would go nowhere. Actually, very little would function in our modern world without secure networks and information.
The 2987th Council meeting, in the Transport, Telecommunications and Energy (TTE) configuration from 17 to 18 December 2009 (document 17456/09), adopted a resolution on network and information security (NIS), a brief mention on page 22:
Secure information infrastructure got a three line mention, when the Swedish Council presidency summed up the results of the meeting for general consumption.
I am not out to criticise the brief mentions: They are geared towards the interests of the public, and most of the time we seem to look for more immediate pleasures, leaving critical, but “boring” work to specialists.
Resolution details
Council document 15841/09 Council Resolution on collaborative European approach on Network and Information Security – Adoption (dated 8 December 2009; 11 pages) recalls the establishment of the European Network and Information Security Agency (ENISA; Regulation 1007/2008 amending Regulation 460/2004) and initiatives to protect Critical Information Infrastructures (CIIs).
The annexed resolution will be published in the Official Journal of the European Union (OJEU), but in the meantime we follow the Council document.
The resolution stresses the need to modernise and reinforce ENISA, and it invites the EU member states to undertake continued efforts to improve network and information security, including by creating Computer Emergency Response Teams (CERTs).
The Commission is invited to support the efforts of the member states, for instance by evaluation and a possible NIS strategy.
ENISA is encouraged to work with all stakeholders, and these to put their best foot forward.
Commission communication
The basic underlying document was the Commissions Communication on Critical Information Infrastructure Protection "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience"; Brussels, 30.3.2009 COM(2009) 149 final (12 pages).
The Communication was accompanied by the Staff Working Document: Summary of impact assessment; Brussels 30.3.2009 SEC(2009) 400 (8 pages).
The full length Impact assessment SEC(2009) 399 came in three parts (addenda): Part 1 (Council document 8375/09 ADD 1; 149 pages), Part 2 (ADD 2; 133 pages) and Part 3 (ADD 3; 130 pages).
Preparation and hierarchy
We are able to see that a few vague sentences in the press releases from the Council and the Swedish presidency are just the tip of the iceberg.
The resolution itself is more detailed, although the phrases still resemble indistinct wishes for constructive action, as often is the case when we deal with cooperation and coordination between sovereign states.
Even when there is need for urgent action, herding 27 member states is a slow and laborious task, often spanning several Council presidencies.
The base of the iceberg is the preparatory work by the Commission, carefully researched and documented, often voluminous. Nosemonkey often stresses how incredibly dull the European Union is.
Few of us have cared to follow this far. We just expect our computers, networks and European Union to function, so that we can see if Santa wins the appeal against his parking ticket. We are all too human.
Ralf Grahn
P.S. Get to know Jon Worth’s Euroblog and other great European blogs listed on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
The 2987th Council meeting, in the Transport, Telecommunications and Energy (TTE) configuration from 17 to 18 December 2009 (document 17456/09), adopted a resolution on network and information security (NIS), a brief mention on page 22:
Network and Information Security
The Council adopted a resolution on a collaborative European approach on network and information security (15841/09).
The resolution responds to the Commission's communication on this subject (8375/09), whose objective is to develop an EU policy on the protection of critical information infrastructure.
Secure information infrastructure got a three line mention, when the Swedish Council presidency summed up the results of the meeting for general consumption.
I am not out to criticise the brief mentions: They are geared towards the interests of the public, and most of the time we seem to look for more immediate pleasures, leaving critical, but “boring” work to specialists.
Resolution details
Council document 15841/09 Council Resolution on collaborative European approach on Network and Information Security – Adoption (dated 8 December 2009; 11 pages) recalls the establishment of the European Network and Information Security Agency (ENISA; Regulation 1007/2008 amending Regulation 460/2004) and initiatives to protect Critical Information Infrastructures (CIIs).
The annexed resolution will be published in the Official Journal of the European Union (OJEU), but in the meantime we follow the Council document.
Among other things the Council underlines that (page 6):
A high level of Network and Information Security in the EU is needed in order to support:
a. the freedoms and rights of citizens, including the right to privacy;
b. an efficient society in terms of quality in information handling;
c. the profitability and growth of trade and industry;
d. citizens’ and organizations’ trust in information handling and ICT systems.
The resolution stresses the need to modernise and reinforce ENISA, and it invites the EU member states to undertake continued efforts to improve network and information security, including by creating Computer Emergency Response Teams (CERTs).
The Commission is invited to support the efforts of the member states, for instance by evaluation and a possible NIS strategy.
ENISA is encouraged to work with all stakeholders, and these to put their best foot forward.
Commission communication
The basic underlying document was the Commissions Communication on Critical Information Infrastructure Protection "Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and resilience"; Brussels, 30.3.2009 COM(2009) 149 final (12 pages).
The Communication was accompanied by the Staff Working Document: Summary of impact assessment; Brussels 30.3.2009 SEC(2009) 400 (8 pages).
The full length Impact assessment SEC(2009) 399 came in three parts (addenda): Part 1 (Council document 8375/09 ADD 1; 149 pages), Part 2 (ADD 2; 133 pages) and Part 3 (ADD 3; 130 pages).
Preparation and hierarchy
We are able to see that a few vague sentences in the press releases from the Council and the Swedish presidency are just the tip of the iceberg.
The resolution itself is more detailed, although the phrases still resemble indistinct wishes for constructive action, as often is the case when we deal with cooperation and coordination between sovereign states.
Even when there is need for urgent action, herding 27 member states is a slow and laborious task, often spanning several Council presidencies.
The base of the iceberg is the preparatory work by the Commission, carefully researched and documented, often voluminous. Nosemonkey often stresses how incredibly dull the European Union is.
Few of us have cared to follow this far. We just expect our computers, networks and European Union to function, so that we can see if Santa wins the appeal against his parking ticket. We are all too human.
Ralf Grahn
P.S. Get to know Jon Worth’s Euroblog and other great European blogs listed on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
Monday, 12 January 2009
EU Procurement Directive: Telecommunications sector excluded
Contracts concerning public telecommunications networks and services are excluded from the scope of the European Community (European Union) Procurement Directive 2004/18/EC:
Article 13
Specific exclusions in the field of telecommunications
This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide to the public one or more telecommunications services.
***
Telecommunications sector
Liberalisation of the telecommunications sector gradually led to more effective competition. Recital 21 of the Procurement Directive tries to explain some of the reasons:
(21) In view of the situation of effective market competition in the telecommunications sector following the implementation of the Community rules aimed at liberalising that sector, public contracts in that area should be excluded from the scope of this Directive insofar as they are intended primarily to allow the contracting authorities to exercise certain activities in the telecommunications sector. Those activities are defined in accordance with the definitions used in Articles 1, 2 and 8 of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sector, such that this Directive does not apply to contracts which have been excluded from the scope of Directive 93/38/EEC pursuant to Article 8 thereof.
***
Definitions
The definitions relating to telecommunications are found in Article 1(15) of the Procurement Directive:
15. For the purposes of Article 13, Article 57(a) and Article 68(b), the following phrases shall have the following meanings:
(a) ‘public telecommunications network’ means the public telecommunications infrastructure which enables signals to be conveyed between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;
(b) a ‘network termination point’ means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to, and efficient communication through, that public network;
(c) ‘public telecommunications services’ means telecommunications services the provision of which the Member States have specifically assigned, in particular, to one or more telecommunications entities;
(d) ‘telecommunications services’ means services the provision of which consists wholly or partly in the transmission and routing of signals on the public telecommunications network by means of telecommunications processes, with the exception of broadcasting and television.
***
Utilities Directive: Telecommunications competition
Article 13 of the Procurement Directive excluding public telecommunications sector from the scope prevented these contracts from falling within the scope of the general procurement rules, when they were excluded from the new Utilities Directive 2004/17/EC.
The old Utilities Directive 98/38/EC included contracting entities operating in the telecommunications sector, but market liberalisation had already started to erode their privileged position. The new Utilities Directive was built on the premise that effective competition existed in the telecommunications sector, both de jure and de facto, dropping telecommunications from the name and from the scope of the new Utilities Directive 2004/17/EC, as explained in Recital 5 of this Directive:
(5) The scope of Directive 98/38/EEC covers, at present, certain contracts awarded by contracting entities operating in the telecommunications sector. A legislative framework, as mentioned in the Fourth report on the implementation of the telecommunications regulations of 25 November 1998, has been adopted to open this sector. One of its consequences has been the introduction of effective competition, both de jure and de facto, in this sector. For information purposes, and in the light of this situation, the Commission has published a list of telecommunications services which may already be excluded from the scope of that Directive by virtue of Article 8 thereof. Further progress has been confirmed in the Seventh report on the implementation of telecommunications regulations of 26 November 2001. It is therefore no longer necessary to regulate purchases by entities operating in this sector.
***
Continued monitoring of telecommunications
Recital 7 of the Utilities Directive 2004/17/EC added the proviso that the Commission will continue monitoring internal market developments in the telecommunications sector:
(7) Nevertheless, it is appropriate to continue to monitor developments in the telecommunications sector and to reconsider the situation if it is established that there is no longer effective competition in that sector.
***
Purchase of telecommunications services
Following the introduction of more effective competition in the telecommunications sector, governments and other public bodies can profit from competitive buying of telecommunications services, as explained by Recital 8 of the new Utilities Directive:
(8) Directive 93/38/EEC excludes from its scope purchases of voice telephony, telex, mobile telephone, paging and satellite services. Those exclusions were introduced to take account of the fact that the services in question could frequently be provided only by one service provider in a given geographical area because of the absence of effective competition and the existence of special or exclusive rights. The introduction of effective competition in the telecommunications sector removes the justification for these exclusions. It is therefore necessary to include the procurement of such telecommunications services in the scope of this Directive.
***
Scope of telecommunications services
Cf. Article 31 of the Utilities Directive and Category 5 Telecommunications services in Annex XVII A (replaced by Annex VI in OJEU 15.3.2008 L 74/373) with CPV references from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3.
Ralf Grahn
Article 13
Specific exclusions in the field of telecommunications
This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide or exploit public telecommunications networks or to provide to the public one or more telecommunications services.
***
Telecommunications sector
Liberalisation of the telecommunications sector gradually led to more effective competition. Recital 21 of the Procurement Directive tries to explain some of the reasons:
(21) In view of the situation of effective market competition in the telecommunications sector following the implementation of the Community rules aimed at liberalising that sector, public contracts in that area should be excluded from the scope of this Directive insofar as they are intended primarily to allow the contracting authorities to exercise certain activities in the telecommunications sector. Those activities are defined in accordance with the definitions used in Articles 1, 2 and 8 of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sector, such that this Directive does not apply to contracts which have been excluded from the scope of Directive 93/38/EEC pursuant to Article 8 thereof.
***
Definitions
The definitions relating to telecommunications are found in Article 1(15) of the Procurement Directive:
15. For the purposes of Article 13, Article 57(a) and Article 68(b), the following phrases shall have the following meanings:
(a) ‘public telecommunications network’ means the public telecommunications infrastructure which enables signals to be conveyed between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;
(b) a ‘network termination point’ means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to, and efficient communication through, that public network;
(c) ‘public telecommunications services’ means telecommunications services the provision of which the Member States have specifically assigned, in particular, to one or more telecommunications entities;
(d) ‘telecommunications services’ means services the provision of which consists wholly or partly in the transmission and routing of signals on the public telecommunications network by means of telecommunications processes, with the exception of broadcasting and television.
***
Utilities Directive: Telecommunications competition
Article 13 of the Procurement Directive excluding public telecommunications sector from the scope prevented these contracts from falling within the scope of the general procurement rules, when they were excluded from the new Utilities Directive 2004/17/EC.
The old Utilities Directive 98/38/EC included contracting entities operating in the telecommunications sector, but market liberalisation had already started to erode their privileged position. The new Utilities Directive was built on the premise that effective competition existed in the telecommunications sector, both de jure and de facto, dropping telecommunications from the name and from the scope of the new Utilities Directive 2004/17/EC, as explained in Recital 5 of this Directive:
(5) The scope of Directive 98/38/EEC covers, at present, certain contracts awarded by contracting entities operating in the telecommunications sector. A legislative framework, as mentioned in the Fourth report on the implementation of the telecommunications regulations of 25 November 1998, has been adopted to open this sector. One of its consequences has been the introduction of effective competition, both de jure and de facto, in this sector. For information purposes, and in the light of this situation, the Commission has published a list of telecommunications services which may already be excluded from the scope of that Directive by virtue of Article 8 thereof. Further progress has been confirmed in the Seventh report on the implementation of telecommunications regulations of 26 November 2001. It is therefore no longer necessary to regulate purchases by entities operating in this sector.
***
Continued monitoring of telecommunications
Recital 7 of the Utilities Directive 2004/17/EC added the proviso that the Commission will continue monitoring internal market developments in the telecommunications sector:
(7) Nevertheless, it is appropriate to continue to monitor developments in the telecommunications sector and to reconsider the situation if it is established that there is no longer effective competition in that sector.
***
Purchase of telecommunications services
Following the introduction of more effective competition in the telecommunications sector, governments and other public bodies can profit from competitive buying of telecommunications services, as explained by Recital 8 of the new Utilities Directive:
(8) Directive 93/38/EEC excludes from its scope purchases of voice telephony, telex, mobile telephone, paging and satellite services. Those exclusions were introduced to take account of the fact that the services in question could frequently be provided only by one service provider in a given geographical area because of the absence of effective competition and the existence of special or exclusive rights. The introduction of effective competition in the telecommunications sector removes the justification for these exclusions. It is therefore necessary to include the procurement of such telecommunications services in the scope of this Directive.
***
Scope of telecommunications services
Cf. Article 31 of the Utilities Directive and Category 5 Telecommunications services in Annex XVII A (replaced by Annex VI in OJEU 15.3.2008 L 74/373) with CPV references from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3.
Ralf Grahn
Thursday, 8 January 2009
EU Procurement Directive: Excluded transport services
The general European Community (European Union) Procurement Directive 2004/18/EC, also known as the Classic Directive, does not apply to public contracts in the special sectors covered by the Utilities Directive 2004/17/EC.
Here we look at excluded transport services.
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Transport services excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
Transport services are excluded from the general Procurement Directive insofar as they are covered by the Utilities Directive. Article 5 of the Utilities Directive determines the transport service contracts covered by that Directive (subject to further precisions):
Article 5 Utilities Directive
Transport services
1. This Directive shall apply to 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.
2. This Directive shall not apply to entities providing bus transport services to the public which were excluded from the scope of Directive 93/38/EEC pursuant to Article 2(4) thereof.
***
Bus transport services
Article 2(4) of the old Utilities Directive 93/38/EEC excluded bus transport services where free competition between bus services existed:
4. The provision of bus transport services to the public shall not be considered to be a relevant activity within the meaning of paragraph 2(c) where other entities are free to provide those services, either in general or in a particular geographical area, under the same condition as the contracting entities.
***
Article 5(2) of the current Utilities Directive 2004/17/EC states that the same exemption continues to exist.
Ralf Grahn
Here we look at excluded transport services.
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Transport services excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
Transport services are excluded from the general Procurement Directive insofar as they are covered by the Utilities Directive. Article 5 of the Utilities Directive determines the transport service contracts covered by that Directive (subject to further precisions):
Article 5 Utilities Directive
Transport services
1. This Directive shall apply to 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.
2. This Directive shall not apply to entities providing bus transport services to the public which were excluded from the scope of Directive 93/38/EEC pursuant to Article 2(4) thereof.
***
Bus transport services
Article 2(4) of the old Utilities Directive 93/38/EEC excluded bus transport services where free competition between bus services existed:
4. The provision of bus transport services to the public shall not be considered to be a relevant activity within the meaning of paragraph 2(c) where other entities are free to provide those services, either in general or in a particular geographical area, under the same condition as the contracting entities.
***
Article 5(2) of the current Utilities Directive 2004/17/EC states that the same exemption continues to exist.
Ralf Grahn
Wednesday, 7 January 2009
EU Procurement Directive: Excluded water contracts
The general European Community (European Union) Procurement Directive 2004/18/EC, also known as the Classic Directive, does not apply to public contracts in the special sectors covered by the Utilities Directive 2004/17/EC.
Here we look at the water sector.
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Water sector excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
The water sector is excluded from the general Procurement Directive insofar as it is covered by the Utilities Directive. Article 4 of the Utilities Directive determines the water contracts covered by that Directive (subject to further precisions):
Article 4 Utilities Directive
Water
1. This Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; or
(b) the supply of drinking water to such networks.
2. This Directive shall also apply to contracts or design contests awarded or organised by entities which pursue an activity referred to in paragraph 1 and which:
(a) are connected with hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, or
(b) are connected with the disposal or treatment of sewage.
3. The supply of drinking water to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where:
(a) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in Articles 3 to 7; and
(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, having regard to the average for the preceding three years, including the current year.
Ralf Grahn
Here we look at the water sector.
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Water sector excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
The water sector is excluded from the general Procurement Directive insofar as it is covered by the Utilities Directive. Article 4 of the Utilities Directive determines the water contracts covered by that Directive (subject to further precisions):
Article 4 Utilities Directive
Water
1. This Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; or
(b) the supply of drinking water to such networks.
2. This Directive shall also apply to contracts or design contests awarded or organised by entities which pursue an activity referred to in paragraph 1 and which:
(a) are connected with hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, or
(b) are connected with the disposal or treatment of sewage.
3. The supply of drinking water to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where:
(a) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in Articles 3 to 7; and
(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, having regard to the average for the preceding three years, including the current year.
Ralf Grahn
EU Procurement Directive: Excluded energy contracts
The general European Community (European Union) Procurement Directive 2004/18/EC, also known as the Classic Directive, does not apply to public contracts in the special sectors covered by the Utilities Directive 2004/17/EC.
Here we look at the energy sector (gas, heat and electricity).
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Energy sector excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
The energy sector (gas, heat and electricity) is excluded from the general Procurement Directive insofar as it is covered by the Utilities Directive. Article 3 of the Utilities Directive determines the energy contracts covered by that Directive (subject to further precisions):
S e c t i o n 2
Activities
Article 3 Utilities Directive
Gas, heat and electricity
1. As far as gas and heat are concerned, this Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; or
(b) the supply of gas or heat to such networks.
2. The supply of gas or heat to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where:
(a) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and
(b) supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover having regard to the average for the preceding three years, including the current year.
3. As far as electricity is concerned, this Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; or
(b) the supply of electricity to such networks.
4. The supply of electricity to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 3 where:
(a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and
(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, having regard to the average for the preceding three years, including the current year.
Ralf Grahn
Here we look at the energy sector (gas, heat and electricity).
***
Article 12 Procurement Directive
Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:
S e c t i o n 3
Excluded contracts
Article 12
Contracts in the water, energy, transport and postal services sectors
This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.
However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.
***
Exclusion of utilities explained
Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:
(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.
***
Energy sector excluded (and included)
The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.
The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.
The energy sector (gas, heat and electricity) is excluded from the general Procurement Directive insofar as it is covered by the Utilities Directive. Article 3 of the Utilities Directive determines the energy contracts covered by that Directive (subject to further precisions):
S e c t i o n 2
Activities
Article 3 Utilities Directive
Gas, heat and electricity
1. As far as gas and heat are concerned, this Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; or
(b) the supply of gas or heat to such networks.
2. The supply of gas or heat to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where:
(a) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and
(b) supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover having regard to the average for the preceding three years, including the current year.
3. As far as electricity is concerned, this Directive shall apply to the following activities:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; or
(b) the supply of electricity to such networks.
4. The supply of electricity to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 3 where:
(a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and
(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, having regard to the average for the preceding three years, including the current year.
Ralf Grahn
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