Examples of using Internal operator in English and their translations into Slovak
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Internal operator.
This has been going on for a long time and unlike some internal operator tests.
Apart from award to an internal operator, the proposal also provides for recourse to competitive tender.
In such a case, the provider of portservices shall be considered to be an internal operator for the purpose of this Regulation.
It is unclear why the"internal operator"(Article 9) is limited to public service obligations.
It is also subject to a condition concerning thegeographical jurisdiction of the activity of the competent authority or its internal operator(cf. Article 5(5)).
The Regulation nonetheless requires that the activities of the internal operator be confined to a specific geographical jurisdiction.
Internal operator” means a legally distinct entity over which the competent authority exercises complete control similar to that exercised over its own departments.
(24) In my view,there is little doubt that that penalty is likely to deter an internal operator from participating in a competitive tendering procedure.
None of the parties submitting observations to the Court hasdisputed the principle of that requirement to limit the activities of the internal operator.
(23) According to that interpretation, an internal operator's participation in a competitive tendering procedure is liable to be penalised by the invalidity of the direct awards made to it.
The Council made some clarifications with regard to the conditions in which competent authoritiesmay provide public transport services either themselves or via an internal operator.
In Article 5(2)(b),the common position relaxes the principle of confining the internal operator, so that it is free to operate certain outgoing routes.
The internal operator must not take part in competitive tenders organised outside the territory of the competent authority and must perform all its activity within the territory of the competent authority.
Unlike the two previous versions, the proposal for the first time allows apublic transport contract to be awarded to an internal operator directly without competitive tender(Article 5(2)).
In reality, that expression necessarily refers only to the internal operators of the competent authority concerned, namely the authority which is awarding the contract by competitive tender.
The objective of greater flexibility is seen in particular in the recognition of the competent authorities'option of providing public transport services themselves, or via an internal operator, without a competitive tendering procedure.
If the transport operator is an internal operator, that is a legally distinct entity over which the authority exercises control similar to that exercised over its own departments;
It establishes a clear framework for the possibility of competitive tendering for public service contracts and for competent authoritiesto run the services themselves or have them run by an internal operator.
Any competent authority whichhas recourse to a third party other than an internal operator, shall award public service contracts on the basis of a competitive tendering procedure, except in the cases specified in paragraphs 4, 5 and 6.
In addition, in order to take into account certain specific features and to avoid producing a text that would be difficult to apply, the Council has adjusted the conditions in which authorities arepermitted to operate public transport services either themselves or via an internal operator.
Consequently, some firms with mixed capital(or institutionalised public-private partnerships(PPPIs))may be regarded as internal operators and thus be eligible for the direct award of public service transport contracts.
In particular, Mobit argued that Autolinee Toscane ought to have been excluded from the award procedure pursuant to Article 5(2)(b) and(d) of Regulation No 1370/2007, since it is controlled by an undertaking- RATP- which has been directly awarded a contract in France andshould be classified as an internal operator within the meaning of the abovementioned provisions.
The criteria established by the case law of the European Court of Justice(Stadt Halle case of 11.1.2005)for defining an internal operator leave some room for doubt, e.g. the phrase"factors such as", which suggests that the list of criteria is not exhaustive.
In agreement with the position of Parliament and the proposal from the Commission, the Council confirmed the principle that local authorities were free tochoose to launch an invitation to tender or to use an internal operator, particularly for bus, tram and underground railway services.
On the other hand, Autolinee Toscane, Regione Toscana, RATP,the French Government and the Commission have argued that an internal operator's participation in a competitive tendering procedure does not lead to that operator's exclusion from that procedure but rather to the invalidity of the direct award from which that operator benefited.
The Committee questions the option of direct award of public service rail transport contracts both to traditional and new operators, without laying down any precise rulesensuring fair competition of the kind applied to internal operators, thus giving rise to legal uncertainty and distortions of competition.
Finally, it is surprising that strictly defined conditionsapply to the general case of direct award to an internal operator, whilst the specific exception to the principles of the regulation, concerning direct award to a rail operator, is not subject to any conditions; no reason for this is given in the explanatory memorandum.
It welcomes the fact that the local authorities are free either to put their transport services out to competitive tender,to provide the services themselves or via an internal operator, providing that precise criteria are met in order to prevent any distortion of competition.
The more flexible approach is reflected in the competent authorities'option of providing public transport services(directly, or via an internal operator), less restrictive conditions for the duration of contracts, and a shorter list of exceptions to the competitive tendering obligation;