8 Amendments of Milan CABRNOCH related to 2011/0439(COD)
Amendment 52 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to encourage the involvement of small and medium-sized enterprises (SMEs) in the procurement market, it should be provided explicitly that contracts may be divided into lots, whether homogenous or heterogeneous. Where contracts are divided into lots, contracting entities may, for instancePublic procurement should be adapted to the needs of SMEs. Contracting authorities should make use of the Code of Best Practice providing guidance on how they may apply the public procurement framework in a way that facilitates SME participation. In order to encourage the involvement of small and medium-sized enterprises (SMEs) in the procurement market, contracting authorities should in particular give consideration to dividing contracts into lots, whether homogenous or heterogeneous, and ensure transparency in access to in forder to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lmation on their reasons for doing so or choosing nots that may be awarded to any one tenderero do so.
Amendment 53 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) (1) Member States should introduce measures to promote the access of SMEs to public procurement, in particular through improved information and guidance on tendering and on the new opportunities offered by the modernized EU legal framework, and to foster the exchange of best practice and the organisation of training and events involving public procurers and SMEs.
Amendment 60 #
Proposal for a directive
Recital 55
Recital 55
(55) In line with the principles of equal treatment, traceability and transparency, the successful tenderer should not be replaced by another economic operator without reopening the contract to competition. However, the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract, such as purely internal reorganisations, mergers and acquisitions or insolvency. Such structural changes should not automatically require new procurement procedures for all contracts performed by that undertaking.
Amendment 61 #
Proposal for a directive
Recital 58
Recital 58
Amendment 62 #
Proposal for a directive
Recital 59
Recital 59
Amendment 63 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) Citizens, concerned stakeholders, organised or not, and other persons or bodies which do not have access to review procedures pursuant to Council Directive 89/665/EEC do nevertheless have a legitimate interest as taxpayers in sound procurement procedures. They should therefore be given a possibility to signal possible violations of this Directive to a competent authority or structure. So as not to duplicate existing authorities or structures, Member States should be able to provide for recourse to general monitoring authorities or structures, sectoral oversight bodies, municipal oversight authorities, competition authorities, the ombudsman or national auditing authorities.
Amendment 88 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Groups of economic operators may submit tenders or put themselves forward as candidates. Contracting entities shall not establish specific conditions for participation of such groups in procurement procedures which are notadditional or different to those conditions imposed on individual candidates. In order to submit a tender or a request to participate, those groups shall not be required by the contracting entities to assume a specific legal form.
Amendment 133 #
Proposal for a directive
Article 93
Article 93