7 Amendments of Danilo Oscar LANCINI related to 2012/0060(COD)
Amendment 109 #
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit. It is important to strengthen the concept of consistent economic activity, which has already been identified and legitimised by the WTO as a criterion for selecting companies eligible for public tender. This concept may and should be supplemented by criteria relating to the date of establishment, place of recruitment, percentage of local turnover and contribution to local and national society, in particular through taxes and contributions paid; It is also crucial to develop an indicator based on the national, territorial and environmental responsibility of the company, or to outline a new and more relevant method of assessment than an indicator based on social and environmental responsibility;
Amendment 131 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. In accordance with the principle of reciprocity in international matters, when third countries deny access to our companies, their companies should be denied access to our European public procurement market.
Amendment 149 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State. National public authorities have the right to include criteria that give preference to independent businesses run by craftsmen or small traders, or family-run SMEs or ETIs in their calls for tender.
Amendment 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of theis fact that the access of th, theird country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member Statacting authorities and their contracting authorentities cand contracting entities should not be able to, in the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationto ensure that foreign economic operators comply with environmental, social and labour law or any applicable national law.
Amendment 192 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country and prolong the measures introduced at the start of the consultation procedure and, where necessary, to adopt additional measures contained in this Regulation.
Amendment 219 #
Proposal for a regulation
Recital 26
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiativcan and should offer a monitoring and surveillance tool based on the proposals submitted by each Member State.
Amendment 224 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price and, at the same time, remain aware of the need to protect the long-term economic and social interests of the Member States and European people and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.