Activities of Åsa WESTLUND related to 2011/0438(COD)
Plenary speeches (1)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Amendments (24)
Amendment 66 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must, in defining and implementing its policies and activities, take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. This Directive contributes to attaining these objectives by encouraging socially sustainable public procurement, ensuring that social criteria are employed at all stages of the procurement procedure, and reinforcing all existing obligations at Union, national and international level relating to working conditions, social protection and public health.
Amendment 67 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) A key principle of the 2008-2013 Health Strategy is 'Health in All Policies' (HIAP), or the integration of health concerns into all policies at Union, national and regional level, an approach endorsed by Member States in the 2007 Declaration on 'Health in All Policies' (HIAP). This Directive contributes to the HIAP approach by ensuring that procurement rules can help contracting authorities to achieve public health objectives, and that criteria relating to public health and to health and safety in the workplace may be employed at all stages of the procurement procedure.
Amendment 74 #
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social, animal welfare or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco- labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 76 #
Proposal for a directive
Recital 32
Recital 32
(32) Many economic operators, and not least SMEs, find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria. Limiting such requirements, for example through self-declarations, including declarations concerning compliance with rules and standards in the areas of health and public safety, social protection labour standards and animal welfare, can result in considerable simplification for the benefit of both contracting authorities and economic operators. The tenderer to which it has been decided to award the contract should, however, be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so. Further simplification can be achieved through standardised documents such as the European Procurement Passport, which should be recognized by all contracting authorities and widely promoted among economic operators, in particular SMEs, for whom they can substantially lessen the administrative burden.
Amendment 77 #
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or, social or animal welfare obligations, including rules on accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 83 #
Proposal for a directive
Recital 39
Recital 39
(39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment). In addition, the definition of common methodologies for life cycle costing has significantly advanced. It therefore appears appropriate to continue on that path, leaving it to sector-specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of European approaches to life-cycle costing as a further underpinning for the use of public procurement in support of sustainable growth. Contracting authorities may take into account environmental considerations that go beyond minimum or fully harmonized Union legislation in order to promote sustainable development. In the latter case, such considerations may in particular be formulated as award criteria or contract performance clauses. Requirements, award criteria or contract clauses etc. must in all cases be in line with the fundamental principles of EU law."
Amendment 91 #
Proposal for a directive
Recital 43
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment, protection of public health or animal welfare. For instance, mention may be made, amongst other things, of the requirements – applicable during performance of the contract – to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'Life-cycle characteristics' means elements relating to any part of the life cycle of a product or works or the provision of a service, as defined in point 22 of this Article. Life-cycle characteristics can be invisible characteristics that are embedded in a product as a result of choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 125 #
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social, environmental and animal welfare characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract;
Amendment 133 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label and/or a certificate of a third party verified standard, provided that all of the following conditions are fulfilled:
Amendment 135 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label onlyand/or the certificate of a third party verified standard concern characteristics which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 137 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point b
Article 41 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label and/or the certificate of a third party verified standard are drawn up on the basis of scientific information or based on other objectively verifiable and non- discriminatory criteria and data;
Amendment 140 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels and/or certificates of a third party verified standard are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and environmental organisations, may participate,
Amendment 141 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point d
Article 41 – paragraph 1 – subparagraph 1 – point d
(d) the labels and/or certificates of a third party verified standard are accessible to all interested parties;
Amendment 142 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the label and/or certificate of a third party verified standard are set by a third party which is independent from the economic operator applying for the label. The third party may be a specific national or governmental body or organisation.
Amendment 145 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decideshall 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 and national laws, regulations and other binding provisions in the field of social and labour law or, environmental law or public health law or of the international social and environmental law provisions listed in Annex XI.
Amendment 148 #
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 and national laws, regulations and other binding provisions in the field of social and labour law or, environmental law or public health law 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 150 #
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2 a (new)
Article 57 – paragraph 3 – subparagraph 2 a (new)
National authorities shall create secure online certificate repositories where enterprises can submit all relevant documentation once every two years. That documentation shall be accessible to all contracting authorities at all levels, through the provision of a personal identification number.
Amendment 151 #
Proposal for a directive
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Proof of the economic operator's economic and financial standing as well as 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, may, as a general rule, be provided by one or more of the references listed in Annex XIV, part 1.
Amendment 153 #
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 complies 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 159 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a a (new)
Article 66 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) life cycle process and life cycle characteristics;
Amendment 161 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 179 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation with obligations in the field of social and labour law or, environmental law or public health law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 180 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or, environmental law or public health law or by the international social and environmental law provisions listed in Annex XI.