22 Amendments of Henri WEBER related to 2011/0439(COD)
Amendment 10 #
Proposal for a directive
Recital 4
Recital 4
(4) 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, 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 neeenable procurers to make better use of public procurement in support of sustainable development and other 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. There is also a need to simplify Union public procurement rules, particularly with regard to the method to be used to attain 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 13 #
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 underlying ‘socially sustainable’ production processes must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development and, throughout the supply chain, protecting health and public safety and ensuring compliance with social standards and national and European labour laws. This Directive clarifies how the contracting entauthorities may contribute to the protection of the environment and the promotion of sustainable development, whilst and use the discretionary power assigned to them to select the technical specifications and award criteria most likely to achieve socially sustainable public procurement whilst establishing the necessary relation to the subject matter of the contract and ensuring that they can obtain the best value for money for their contracts.
Amendment 16 #
Proposal for a directive
Recital 13
Recital 13
(13) 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 can result in violations of the basic principles of Union law and in serious distortions of competition, as well as infringements of labour, environmental, and public health legislation, can result in serious distortions of competition and in violations of the basic principles of Union law. Economic operators shouldare 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 18 #
Proposal for a directive
Recital 14
Recital 14
(14) 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 that multilateral framework of balanced rights and obligations relating to public contracts, Member States should endeavour to place Union and third country businesses on an equal footing on the single market with a view to fachievilitating the liberalisation and expansion of world tradeintegration of small and medium-sized enterprises (SMEs) and stimulating employment and innovation within the Union. For contracts covered by the Agreement, as well as by other relevant international agreements by which the Union is bound, contracting entauthorities fulfil the obligations under thoseimposed by those various agreements by applying this Directive to economic operators of third countries that are signatories to the agreements.
Amendment 22 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In addition, the Union needs to have an effective instrument enabling it, on the one hand, to encourage compliance with the principle of reciprocity and balance in relation to third countries that do not accord European economic operators equivalent access, one means to the above end being assessment of substantial reciprocity to be carried out by the Commission, and, secondly, to ensure fair competition and a level playing field for all worldwide.
Amendment 31 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including production and location 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 32 #
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) “socially sustainable production process” means a production process in which the provision of works, services, or supplies complies with health and safety laws, rules, and standards, and with social and labour law, especially as regards the principle of equal treatment at the workplace. The principle of equal treatment at the workplace refers to compliance with the applicable terms and conditions of employment, including health and safety laws, rules, and standards, and social and labour law, as defined in Union and national legislation and in the collective agreements applying in the place where the provision of works, services, or supplies is carried out;
Amendment 36 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Reciprocity The practical implementation of the Agreement on Government Procurement (AGP) within the Union legislative framework for public procurement shall be based on prior assessment to ascertain that the principle of substantial reciprocity is being properly applied for the purposes of market opening between the Union and third country signatories. Assessment of substantial reciprocity shall apply equally to third countries which are not party to the Agreement on Government Procurement but have access to the market.
Amendment 49 #
Proposal for a directive
Article 54 – paragraph 3 – point c a (new)
Article 54 – paragraph 3 – point c a (new)
(ca) in terms of a socially sustainable production process;
Amendment 54 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities mayshall decide not to award a contract to the tenderer submitting the best tender where they have established 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 with obligations in the field of social and labour law or environmental law established by Union or national legislation or by collective agreements applicable to the place where the work, service, or supply is to be performed, or ofby the international social and environmental law provisions listed in Annex XIV, or with obligations in the field of intellectual property law.
Amendment 55 #
Proposal for a directive
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5a. Where such laws do not apply, infringements of other laws applicable to the tenderer which provide an equivalent degree of protection shall likewise constitute grounds for exclusion.
Amendment 58 #
Proposal for a directive
Article 75 – title
Article 75 – title
Quality assurance standards and environmental and social management standards
Amendment 59 #
Proposal for a directive
Article 75 – paragraph 2 a (new)
Article 75 – paragraph 2 a (new)
2a. Contracting authorities may require the production of certificates drawn up by independent bodies attesting that the economic operator and its subcontractors, if any, comply with rules and standards in the field of health and safety, social law, and labour law as laid down in Union and national legislation and in collective agreements applying in the place where the work, service, or supply is to be performed.
Amendment 60 #
Proposal for a directive
Article 75 – paragraph 3
Article 75 – paragraph 3
3. Upon request, Member States shall make available to other Member States, in accordance with Article 97, 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 68 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
(aa) a socially sustainable production process;
Amendment 69 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a b (new)
Article 76 – paragraph 2 – subparagraph 2 – point a b (new)
(ab) the life-cycle process and life-cycle characteristics;
Amendment 73 #
Proposal for a directive
Article 79 – paragraph 3 – point d a (new)
Article 79 – paragraph 3 – point d a (new)
(da) compliance with rules and standards in the field of health and safety, social law, and labour law laid down in Union and national legislation and by collective agreements applying in the place where the work, service, or supply is to be performed;
Amendment 74 #
Proposal for a directive
Article 79 – paragraph 3 – point d b (new)
Article 79 – paragraph 3 – point d b (new)
(db) compliance with the subcontracting requirements set out in Article 81.
Amendment 75 #
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislationand national legislation, and by collective agreements applying in the place where the work, service, or supply is to be performed, in the field of social and labour law or environmental law, or by the international social and environmental law provisions listed in Annex XIV.
Amendment 76 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In the procurement documents, the contracting entity may ask, or may be required by a Member State to ask, the tenderer to indicatetenderer shall indicate to the contracting authority, in its tender, any share of the contract it may intend to subcontract to third parties and any proposed subcontractors.
Amendment 77 #
Proposal for a directive
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
1a. Member States shall provide that a tenderer may not subcontract any parts of the works or services to be performed, or of the goods to be delivered, beyond the limit of three successive subcontracting levels.
Amendment 79 #
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 5% of the price of the initial contract, provided that the modification does not alter the overall nature of the contractis below 25% of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. In addition, where the subject matter of the contract may be altered during the life of the contract as a result of: - an innovation or a significant technical development, or - technical difficulties as regards use or maintenance necessitating the intervention of the contractor or service provider performing the initial contract, or - the need for additional works, services, or supplies initially not provided for which cannot be technically or economically separated from the main contract without placing the contracting entity at a serious disadvantage, the modification shall not be considered to be substantial within the meaning of paragraph 1. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.