11 Amendments of Philippe BOULLAND related to 2011/0438(COD)
Amendment 89 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Under Article 9 of the Treaty on the Functioning of the European Union, requirements linked to the guarantee of adequate social protection and the fight against social exclusion should be taken into account when defining and implementing Union policies and activities, especially to promote a high level of employment. This directive specifies how contracting authorities can help promote social criteria and improve employees’ rights in accordance with case-law and European and international legislation whist ensuring that they can obtain the best social value for money for their contracts.
Amendment 91 #
Proposal for a directive
Recital 11
Recital 11
(11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for trans-border projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee and particularly criteria relating to social and employment conditions, health and safety at the workplace, social security and working conditions. Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non-discrimination.
Amendment 94 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services which are perfectly adapted to their specific needs and meet demanding requirements relating to social and employment conditions, health and safety at the workplace, social security and working conditions. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 104 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) Contracting authorities should be able to make it a requirement that measures to improve social protection are implemented during the performance of a public procurement contract. It should be possible to call for a description of measures taken by the economic operator to ensure a high level of social protection in the form of reporting or voluntary membership of a social label.
Amendment 105 #
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and, equal treatment and the conscientious application of social standards. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, added to that of basic respect for national, European and international social standards, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 257 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors, social partners and environmental organisations, may participate,;
Amendment 271 #
Proposal for a directive
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. Any economic operator shall be automatically excluded from participation in a contract where the contracting authority is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI, including in the supply chain; if the supply chain is wholly or partly located in third countries, the contracting authority may exclude any economic operator if it is aware of any violation of the international social and environmental law provisions listed in Annex XI.
Amendment 273 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
Amendment 295 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, and basic respect for social standards, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:
Amendment 302 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b a (new)
Article 66 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) innovative social criteria.
Amendment 304 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1 and basic respect for social standards, other criteria linked to the subject-matter of the public contract in question, such as: