17 Amendments of Ivo BELET related to 2011/0438(COD)
Amendment 93 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Specific exclusions in the field of postal services 1. This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. 2. For the purposes of this Article: (a) ‘postal services’: means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (b)‘other services than postal services’: means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (i), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 289 #
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender. Taking into account recent case law of the Court of Justice of the EU, contracting authorities can choose an award criterion which refers to the fact that the product concerned is of fair trade origin, including the requirement to pay a minimum and price premium to producers.
Amendment 351 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c
Article 2 – paragraph 1 – point 6 – point c
(c) they are financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c a (new)
Article 2 – paragraph 1 – point 6 – point c a (new)
(ca) the majority of the body's administrative, managerial or supervisory board is appointed by the State, regional or local authorities, or other bodies governed by public law;
Amendment 404 #
Proposal for a directive
Article 4 – paragraph 1 –point d a (new)
Article 4 – paragraph 1 –point d a (new)
(da) EUR 500 000 for public supply and service contracts awarded by non-profit civil society organisations, and design contests organised by such organisations, even if they are considered as 'bodies governed by public law'.
Amendment 933 #
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, certificate or other assurance scheme, provided that all of the following conditions are fulfilled:
Amendment 938 #
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, certificate or other assurance scheme only 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 941 #
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, certificate or other assurance scheme are drawn up on the basis of scientific information or based on other objectively verifiable and non-discriminatory criteria;
Amendment 948 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels, certificates or other assurance schemes are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and environmental and social organisations, may participate,
Amendment 951 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point d
Article 41 – paragraph 1 – subparagraph 1 – point d
(d) the labels, certificates or other assurance schemes are accessible to all interested parties;
Amendment 954 #
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, certificate or other assurance scheme are set by a third party which is independent from the economic operator applying for the label, certificate or other assurance scheme in question.
Amendment 965 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label, certificate and other assurance scheme shall accept all equivalent labels that fulfil the requirements of the label, certificate and other assurance scheme indicated by the contracting authorities. For products that do not bear the label, certificate and other assurance scheme, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
Amendment 967 #
Proposal for a directive
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where a label, certificate and other assurance scheme fulfils the conditions provided in points (b), (c), (d) and (e) of paragraph 1 but also sets out requirements not linked to the subject-matter of the contract, contracting authorities may define the technical specification by reference to those of the detailed specifications of that label, certificate and other assurance scheme, or, where necessary, parts thereof, that are linked to the subject-matter of the contract and are appropriate to define characteristics of this subject-matter.
Amendment 1110 #
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Where they require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons, social and solidarity economy and ethical trade requirements, contracting authorities shall refer to quality assurance systems based on the relevant European standards series certified by accredited bodies. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits.
Amendment 1203 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shallAward criteria used to identify the tender representing the best value for money must: (a) be linked to the subject matter; (b) ensure the possibility of effective competition; and shall(c) be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 1207 #
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
5. In the case referred to in point (a) of paragraph 1 the contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chousend to idetermine the most economically advantageous tenderntify the tender representing the best value for money.
Amendment 1583 #
Proposal for a directive
Annex 14 – part 2 – paragraph 1 – point f
Annex 14 – part 2 – paragraph 1 – point f
(f) an indication of the environsustainable developmental management measures that the economic operator will be able to apply when performing the contract;