43 Amendments of Marc ANGEL related to 2023/0081(COD)
Amendment 10 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In addition to resilience and sustainability contribution, contracting authorities and contracting entities should also assess a the tender’s social contribution which should aim at ensuring decent working conditions, qualified apprenticeship programmes, equal pay for equal work, solid occupational health and safety as well as to avoid shortages of skilled labour both in the short and long term.
Amendment 19 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 65% of the total demand for a specific net-zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 27 #
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the environmental and social sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. __________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Amendment 29 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to limit administrative burden resulting from the need to take into account criteria relating to the environmental and social sustainability and resilience contribution of the tender, in particular for smaller public buyers and for contracts of lower value which do not have an important impact on the market, the application of the relevant provisions of this Regulation should be deferred for two years for public buyers which are not central purchasing bodies and for contracts of a value below EUR 25 million.
Amendment 31 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the environmental and social sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidanceTo ensure a consistent application of the award criteria the Commission should adopt delegated acts and identify best practices on how to define the contribution and use it, providing concrete and specific examples. If Member States and public authorities misuses the criteria to award tender’s with contracts for net-zero technology, the Commission should consider all necessary step against the Member State in question in order to ensure that the weighing of environmental and social sustainability and resilience apply equally across the Union.
Amendment 35 #
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs andquality jobs and sustainable growth.
Amendment 36 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped buildshould promote a global economic system based on open and rules- based trade, pushed for providing quality jobs, including a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, as well as trade union representation and bargaining rights, respecting and advancing social and environmental sustainability standards, and is fully committed to those values.
Amendment 37 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way. Union policies should ensure regional and social cohesion in view of overcoming structural differences between regions as well as social inequalities, including inequalities between women and men.
Amendment 41 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills and quality jobs needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners, in full compliance with social and labour standards, to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 44 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Member States should use their purchasing power to promote Sustainable Public Procurement (SPP), including gender equality, in order to ensure a good balance between the three pillars of sustainable development - economic, social and environmental - when procuring goods, services or works.
Amendment 56 #
Proposal for a regulation
Recital 64
Recital 64
(64) The scaling up of European net- zero technology industries requires significant additional skilled workers which implies important investment needs in re-skilling and upskilling, including in the field of vocational education and training. ThisA regular mapping exercise focussing on the development of quality jobs at regional level as well as the collective bargaining coverage rate should contribute to the creationincrease the number of quality jobs in line with the targets for employment and training of the European Pillar of Social Rights. Labour shortages are particularly prevalent in sectors with challenging working conditions, and skills alone will not solve this problem1a. The poor quality of jobs, bad working conditions and a lock of investment in vocational education and training (VET) at company level are some of the reasons for the lack of skilled workers 1b. Tackling those issues by means of decent working conditions and retention policies is therefore important for a well-functioning labour market fit for the digital and green transitons. Improving job quality in sectors and companies with poor working conditions is also an important element for addressing the issue of brain drain which results in growing inequalities between regions, unequal development as well as unequal capacity to drive innovation and create jobs. The energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, and has a great potential for quality job creation. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan65 . In the photo- voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. The European network of employment services (EURES) is providing information, advice and recruitment or placement for the benefit of workers and employers, including across internal market borders. _________________ The same information regarding decent working conditions, social protection and access to the labour market should be provided for migrants, asylum seekers and refugees, whereby advise and support for the validation of skills and competences and the recognition of qualifications is essential in this context. _________________ 1a https://www.eurofound.europa.eu/news/ne ws-articles/skills-alone-will-not-solve- labour-shortages-in-europe 1b https://www.cedefop.europa.eu/files/3092_ en.pdf; https://www.cedefop.europa.eu/files/3075_ en.pdf 65 European Commission, Directorate- General for Research and Innovation, Joint Research Centre, The strategic energy technology (SET) plan, Publications Office, 2019, https://data.europa.eu/doi/10.2777/04888.
Amendment 66 #
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation, including a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, as well as trade union representation and bargaining rights, required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
Amendment 71 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the environmental and social sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU, 96/71/EC, 2019/1152/EU, 2008/104/EU, 2003/88/EC, 2000/78/EC and applicable sectoral legislation, as well as with the Union’s international commitments, including ILO94, the GPA and other international agreements by which the Union is bound.
Amendment 73 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability, social and resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory:
Amendment 74 #
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance or the Offshore Renewable Energies, European Net- Zero Industry Academies should develop and deploy education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials, preceded by a mapping exercise focussing on existing quality job and collective bargaining coverage at regional level. The academies would aim to enable the training and education of 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net-zero technologies, including in small and medium-sized enterprises. That content should be developed and deployed with education and training providers in Member States, relevant Member States authorities and social partners. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academies. To ensure skills transparency and portability and the mobility of workers, the European Net-Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight. The European Net- Zero Industry Academies should apply the European Strategy for Gender Equality in view of changing educational and occupational gender sterotypes.
Amendment 81 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;
Amendment 83 #
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) the tender’s contribution to ensure qualified apprenticeship programmes and decent working conditions
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the creation of quality jobs, including a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, as well as trade union representation and bargaining rights.
Amendment 92 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilienceenvironmental and social sustainability contribution a weight between 1520% and 305% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 95 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
Article 10 – paragraph 1 – point b – introductory part
(b) the net-zero technology manufacturing project has positive impact on the Union’s net-zero industry supply chain or downstream sectors, beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation of the Union’s net-zero industry supply chain, according to at least three of the following criteria:
Amendment 96 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Contracting authorities shall give the tender’s resilience contribution a weight which must not exceed 5% of the award criteria.
Amendment 101 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having excessively disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10% mayshall be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 102 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. In order to ensure fair competition and comply with the principles of non- discrimination and equal treatment among providers from different European Union (EU) Member States, the contracting authority or contracting entity shall refrain from utilizing the criteria outlined in Article 19 with the intention of providing preferential treatment to national providers over providers from other EU Member States. In case of severe breaches of Article 19, the Commission must take all necessary action against the member states in question.
Amendment 102 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it respects collective agreements and workers' right to organise, take collective action and to bargain collectively as well as the right to be informed and consulted, also on mergers and investment decisions;
Amendment 103 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(ivb) it provides quality jobs including a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance as well as trade union representation and bargaining rights;
Amendment 104 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv c (new)
Article 10 – paragraph 1 – point b – point iv c (new)
(ivc) it reinvests a large share of its profits, shares profits equitably with workers and does not pay extraordinary dividends and bonuses to managers while receiving public funding;
Amendment 105 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv d (new)
Article 10 – paragraph 1 – point b – point iv d (new)
(ivd) it applies pay transparency in line with Union legislation and ensures diversity at work;
Amendment 109 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
Amendment 112 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainabilityadopt delegated acts in accordance with Article 33 on the criteria to assess the environmental and social sustainability contribution as well as the resilience contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 117 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Net-Zero Europe Platform shall discuss measures carried out by Member States to implement Articles 19 and 21 and exchange best practices, inter alia, as concerns the practical use of criteria defining the environmental and social sustainability and resilience contribution in public procurement, or schemes incentivising the purchase of net- zero technology final products.
Amendment 119 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price- quality ratio, comprising at least the social and environmental sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
Amendment 122 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation, including job quality, measures to improve diversity at work, as well as respect of collective agreements and trade union rights to negotiate;
Amendment 131 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high environmental and social sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 134 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6) as well as the details of the weighting of the non-pricing criteria in article 19(3).
Amendment 138 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The Commission shall regularly map the development of quality jobs at regional level as well as the collective bargaining coverage rate. It shall support, including through the provision of seed- funding, the establishment of European Net Zero Industry Academies in areas lagging behind, which have as their objectives to:
Amendment 145 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) develop and deploy credentials, including micro-credentials, to facilitate the transparency of skills acquired and enhance the transferability between jobs andquality jobs, to facilitate the cross-border mobility of the workforce, and to promote matching with relevant quality jobs through tools such as the European Employment Services (EURES) network and EURAXESS.
Amendment 172 #
Proposal for a regulation
Article 25 – paragraph 1 – point 4
Article 25 – paragraph 1 – point 4
(4) assist the uptake and recognition of learning credentials of the European Net- Zero Industry Academies in the Member States to promote the recognition of skills and the matching of skills and quality jobs, inter alia by promoting the validity and acceptance of the credentials throughout the labour market of the European Union;
Amendment 174 #
Proposal for a regulation
Article 25 – paragraph 1 – point 5
Article 25 – paragraph 1 – point 5
(5) facilitate the development of European occupation profiles consisting of a common set of knowledge, skills and competences for key professions in the net- zero technologies, drawing inter alia upon the learning programmes developed by the European Net-Zero Industry Academies, and, where appropriate, using the terminology provided by the European Skills, Competences, Qualifications and Occupations (ESCO) classification to facilitate transparency and mobility between quality jobs and across internal market borders;
Amendment 179 #
Proposal for a regulation
Article 25 – paragraph 1 – point 6
Article 25 – paragraph 1 – point 6
(6) promote adequate working conditions in quality jobs in net-zero technology industries, the activation of youth, women and seniors to the labour market for net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;
Amendment 182 #
Proposal for a regulation
Article 25 – paragraph 1 – point 7
Article 25 – paragraph 1 – point 7
(7) facilitate closer coordination and the exchange of best practices between Member States to enhance the availability of skills in the net-zero technologies, including by contributing to Union and Member States policies to attract new talents from third countries by providing information regarding decent working conditions, social protection and access to the labour market as well as support for the validation of skills and competences and the recognition of qualifications.
Amendment 188 #
Proposal for a regulation
Article 28 – paragraph 4 – point c – point i a (new)
Article 28 – paragraph 4 – point c – point i a (new)
ia) decent working conditions and social conditionalities.
Amendment 189 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Each Member State shall appoint a high-level representative to the Platform. Where relevant as regards the function and expertise, a Member State may have more than one representative in relation to different tasks related to the work of the Platform. Each member of the Platform shall have an alternate. Cross-industry social partners may designate four representatives as observers to the Platform with an equal representation of trade unions and employer organisations.
Amendment 192 #
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. The Platform shall coordinate and cooperate with existing industrial alliances, as well as national sectorial social partners.