22 Amendments of Henri WEBER related to 2011/0438(COD)
Amendment 29 #
Proposal for a directive
Recital 2
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. 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,enable procurers in the public sector to make better use of public procurement in support of sustainable development and other higher common societal goals thereby increasing the efficiency of public spending, while ensuring the best possible outcome in cost-benefit ratio terms and facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use. There is also a need to simplify EU rules ofn public procurement in support of common societal goals. There is also a nee, particularly with regard to the method used to achieve the sustainability objectives which should be included in public procurement policy, and 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.
Amendment 33 #
Proposal for a directive
Recital 5
Recital 5
(5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and the concepts of the socially-sustainable production process must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development and ensuring, throughout the supply chain, compliance with rules on public health and safety, social standards and national and Union labour laws. This Ddirective clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that they can obtain theand in regard to technical specifications and award criteria use the powers of discretion at their disposal to select the ones that are the most likely to achieve socially sustainable public procurement whilst ensuring contracts still obtain best value for money for their contractspurpose.
Amendment 38 #
Proposal for a directive
Recital 7
Recital 7
(7) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure, canas well as infringement of labour, environmental or public health laws, can seriously distort competition and result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and should be excluded if this declaration proves to be false.
Amendment 41 #
Proposal for a directive
Recital 8
Recital 8
(8) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994), approved in particular the World Trade Organisation Agreement on Government Procurement, hereinafter referred to as the ‘"Agreement’". The aim of the Agreement is to establish aWithin this multilateral framework of balanced rights and obligations relating to public contracts with a view to achiev, the Member States should make every effort to ensure that EU enterprises and those of third countries receive equal treatment ing the liberalisation and expansion of world tradesingle market, in order to facilitate the integration of small and medium-sized enterprises (SMEs) and stimulate employment and innovation in the Union. For contracts covered by the Agreement, as well as by other relevant international agreements by which the Union is bound, contracting authorities fulfil the obligations under these agreements by applying this Directive to economic operators of third countries that are signatories to the agreements.
Amendment 43 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Furthermore, the Union needs an effective instrument to, on the one hand, encourage compliance with the principle of reciprocity and equality in relation to third countries which do not provide equivalent access to European Union economic operators, particularly through an assessment of substantial reciprocity by the Commission, and, on the other hand, ensure fair competition and a level playing field worldwide.
Amendment 83 #
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including production and the place of production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.
Amendment 85 #
Proposal for a directive
Article 2 – points 22 a (new) and 22 b (new)
Article 2 – points 22 a (new) and 22 b (new)
(22a) 'socially sustainable production process' means a production process in which the provision of works, services and supplies complies with health and safety, social and labour law, rules and standards, in particular with regard to the principle of equal treatment at the workplace. (22b) ‘principle of equal treatment at the workplace’ refers to compliance with the applicable terms and conditions of employment, including health and safety, social and labour law, rules and standards, defined by Union and national legislation and collective agreements which apply where the provision of works, services and supplies takes place;
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The practical implementation of the Agreement on Government Procurement (GPA) within the Union’s legislative framework on public procurement shall be based on a prior assessment of the correct application of the principle of substantial reciprocity in market opening between the Union and third country signatories. Such assessment of substantial reciprocity shall also be extended to third countries which are not party to the GPA, but have access to the market.
Amendment 157 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not toshall not award a contract to the tenderer submitting the best tender where they have establishedit is shown that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of with obligations in the field of social and labour law or environmental law established by Union or national legislation or collective agreements which apply in the place where the work, service or supply is performed, or by the international social and environmental law provisions listed in Annex XI.
Amendment 159 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Amendment 161 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled:
Amendment 162 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law established by Union or national legislation and by collective agreements applicable to the place of work or service or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 166 #
Proposal for a directive
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. A contracting authority shall exclude from participation in a public contract any economic operator if one of the conditions set out in paragraphs 1, 2 or 3 of this article is fulfilled in respect of a subcontractor proposed by the economic operator in accordance with Article 71.
Amendment 167 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed.
Amendment 172 #
Proposal for a directive
Article 61 – title
Article 61 – title
Quality assurance standards and environmental and social management standards
Amendment 173 #
Proposal for a directive
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Contracting authorities may require the production of certificates drawn up by independent bodies attesting that the economic operator and any sub- contractors comply with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 174 #
Proposal for a directive
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality and, environmental and social standards referred to in paragraphs 1 and 2 of this Article.
Amendment 182 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 194 #
Proposal for a directive
Article 66 – paragraph 2 – point a a (new)
Article 66 – paragraph 2 – point a a (new)
(aa) socially sustainable production process
Amendment 209 #
Proposal for a directive
Article 69 – paragraph 3 – point d a (new)
Article 69 – paragraph 3 – point d a (new)
(da) compliance with rules and standards in the field of health and safety, social and labour law laid down in Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 219 #
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member Sttenderer is required to indicate to ask the tenderer to indicatecontracting authority in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors.
Amendment 220 #
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. Member States shall limit the possibility for a tenderer to subcontract any parts of the works, services to be performed or goods to be delivered to three successive levels of subcontracting.