8 Amendments of Karl-Heinz FLORENZ related to 2009/2175(INI)
Amendment 8 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas public procurement law serves to ensure that public funds are managed soundly and to give interested undertakings the opportunity to be awarded contracts in the context of fairer competition,
Amendment 47 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the Lisbon Reform Treaty, which came into force on 1 December 2009, incorporates for the first time into European Union primary law an acknowledgement of the right to regional and local self-government (Article 4(2) of the Treaty on European Union); emphasises that in several judgments the CJEU has invoked the right to local self- government andthe CJEU has made it clear that the ‘possibility for public authorities to use their own resources to perform the public- interest tasks conferred on them may be exercised in cooperation with other public authorities’ (judgment in Case C- 324/07); draws attention, further, to the judgment of the Grand Chamber of the CJEU of 9 June 2009 in Case C-480/06, which found, further, that Community law does not require public authorities to use any particular legal form in order to carry out jointly their public service tasks; stresses that the CJEU regards cooperation between public bodies as falling outside the scope of the public procurement directives only under certain conditions, which were fulfilled in each of the situations underlying its judgments; accordingly, regards public-public partnerships, such as cooperation agreements between local authorities and national cooperation, as falling outside the scope of the public procurement directives, provided that the following criteria are all met:
Amendment 50 #
Motion for a resolution
Paragraph 6 – indent 1 a (new)
Paragraph 6 – indent 1 a (new)
– the joint provision of a public-service task conferred on all the relevant parties involves actual cooperation in the sense of an exchange of goods and services,
Amendment 51 #
Motion for a resolution
Paragraph 6 – indent 1 b (new)
Paragraph 6 – indent 1 b (new)
– the exchange of goods and services is made without remuneration,
Amendment 52 #
Motion for a resolution
Paragraph 6 – indent 1 c (new)
Paragraph 6 – indent 1 c (new)
– the cooperation may only pursue objectives in the public interest and the performance of the task by the relevant parties must be actually made possible or significantly improved through the cooperation,
Amendment 60 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Reaffirms that the non-remuneration of the exchange of goods and services is to be interpreted strictly, so that absolutely no financial transfers may take place between the relevant parties; in particular, neither may compensatory payments be made nor may profits be generated; states that cooperation between local authorities falling outside the scope of the public procurement directives must remain limited geographically to neighbouring public bodies and authorities and functionally to the performance of the joint task;
Amendment 63 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that in its judgment of 10 September 2009 in Case C-573/07 the CJEU found that the mere possibility of the opening-up of the capital of a previously publicly-owned company to private investors may not be taken into consideration as a factor making competitive tendering a requirement unless there exists, at the time the contract is awarded, a real prospect in the short term of such an opening-up; notes that the law in this area is now sufficiently clear; calls on the Commission and the Member States to provide information about the legal implications of these judgments and expects that in future no further appeal procedures will be brought in these areas; further points out that in its judgment the CJEU also found that the admission of a capital contribution during the term of a contract awarded without a formal procurement procedure would constitute an alteration of the fundamental conditions of the contract and would require the contract to be put out for competitive tender; states that the case- law in this area now provides sufficient indications for binding criteria governing cooperation between local authorities falling outside the scope of the public procurement directives and in-house operations; calls on the Commission, in cooperation with the Member States and the European Parliament, to define clear and generally binding criteria governing cooperation between local authorities falling outside the scope of the public procurement directives and in-house operations on the basis of the case-law of the CJEU and to provide information on them in a communication;
Amendment 98 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States and stakeholders, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvementsit is necessary to involve stakeholders and above all the relevant economic sectors, in order to ensure that the solution is practicable;