[ParlTrack]

Franck PROUST, Marielle DE SARNEZ, Nora BERRA

Proposal for a directive
Recital 2

(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. Public procurement is a vital tool in the redefinition of European industrial policy. For that purpose, the current public procurement rules adopted pursuant to 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 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Recital 8 a (new)

(8a) When the European Commission negotiates trade agreements with countries that are not members of the Agreement, it should include the criteria that are in addition to price in the chapter on public procurement. Contracting authorities should be able, with the Commission’s agreement, to exclude economic operators from third countries which do not open up their public procurement markets to EU businesses. This would give the Commission some scope for manoeuvre in its negotiations with third countries.

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Article 69 – paragraph 2

~~low for other reasons, contracting authorities may also request such explanations.~~

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Article 69 – paragraph 3 – point e a (new)

(ea) tenderers which intend to call upon a subcontractor affected by d) and e).

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Article 69 a (new)

Article 69a Tenders comprising products originating in third countries 1. This article shall apply to tenders covering goods or services originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall also apply to tenders containing goods or services originating in third countries that are subject to a reservation concerning access to the European market under the terms of international agreements on public procurement concluded by the Union (bilateral free-trade agreements or the Plurilateral Agreement on Government Procurement). It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Contracting authorities shall require tenderers to provide information on the origin of the goods and services contained in their tender, and their value. Solemn declarations shall be accepted as a preliminary means of proof. A contracting entity can ask, at any time in the procedure, for part or all of the documentation required. Any tender submitted for the award of a supply contract may be rejected where the value of the goods originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, exceeds 50 % of the total value of the products or services constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as goods. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 76, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of goods and services originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may, in the light of these developments, amend the provisions of this Article.

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Article 69 b (new)

Article 69b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of works, supplies and service contracts in third countries. 2. The Commission shall report to the European Parliament and the Council periodically on the opening up of works, supplies and service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation where it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of works, supplies and service contracts, a third country: a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or c) grants undertakings from other third countries more favourable treatment than Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international labour law provisions listed in Annex XI when these undertakings have tried to secure the award of works, supplies and service contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of works, supplies and service contracts to: a) undertakings governed by the law of the third country in question; b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; c) undertakings submitting tenders which have as their subject-matter works, supplies and services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.

2012/08/29
Committee: INTA

Franck PROUST

Proposal for a directive
Article 71 – paragraph 2 a (new)

2a. The subcontractor, irrespective of its country of origin, is required to comply with labour, social and environmental standards and shall not benefit from any State aid that might result in the price of the tender price being so low that it is detrimental to fair competition.

2012/08/29
Committee: INTA

7 Amendments of Franck PROUST related to 2011/0438(COD)

ParlTrack - 2011-2024