Activities of Christel SCHALDEMOSE related to 2023/0081(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
Amendments (16)
Amendment 10 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In addition to resilience and sustainability contribution, contracting authorities and contracting entities should also assess a the tender’s social contribution which should aim at ensuring decent working conditions, qualified apprenticeship programmes, equal pay for equal work, solid occupational health and safety as well as to avoid shortages of skilled labour both in the short and long term.
Amendment 19 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 65% of the total demand for a specific net-zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 27 #
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the environmental and social sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. __________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Amendment 29 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to limit administrative burden resulting from the need to take into account criteria relating to the environmental and social sustainability and resilience contribution of the tender, in particular for smaller public buyers and for contracts of lower value which do not have an important impact on the market, the application of the relevant provisions of this Regulation should be deferred for two years for public buyers which are not central purchasing bodies and for contracts of a value below EUR 25 million.
Amendment 31 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the environmental and social sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidanceTo ensure a consistent application of the award criteria the Commission should adopt delegated acts and identify best practices on how to define the contribution and use it, providing concrete and specific examples. If Member States and public authorities misuses the criteria to award tender’s with contracts for net-zero technology, the Commission should consider all necessary step against the Member State in question in order to ensure that the weighing of environmental and social sustainability and resilience apply equally across the Union.
Amendment 71 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the environmental and social sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU, 96/71/EC, 2019/1152/EU, 2008/104/EU, 2003/88/EC, 2000/78/EC and applicable sectoral legislation, as well as with the Union’s international commitments, including ILO94, the GPA and other international agreements by which the Union is bound.
Amendment 73 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability, social and resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory:
Amendment 81 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;
Amendment 83 #
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) the tender’s contribution to ensure qualified apprenticeship programmes and decent working conditions
Amendment 92 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilienceenvironmental and social sustainability contribution a weight between 1520% and 305% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 96 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Contracting authorities shall give the tender’s resilience contribution a weight which must not exceed 5% of the award criteria.
Amendment 101 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having excessively disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10% mayshall be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 102 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. In order to ensure fair competition and comply with the principles of non- discrimination and equal treatment among providers from different European Union (EU) Member States, the contracting authority or contracting entity shall refrain from utilizing the criteria outlined in Article 19 with the intention of providing preferential treatment to national providers over providers from other EU Member States. In case of severe breaches of Article 19, the Commission must take all necessary action against the member states in question.
Amendment 112 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainabilityadopt delegated acts in accordance with Article 33 on the criteria to assess the environmental and social sustainability contribution as well as the resilience contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 117 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Net-Zero Europe Platform shall discuss measures carried out by Member States to implement Articles 19 and 21 and exchange best practices, inter alia, as concerns the practical use of criteria defining the environmental and social sustainability and resilience contribution in public procurement, or schemes incentivising the purchase of net- zero technology final products.
Amendment 134 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6) as well as the details of the weighting of the non-pricing criteria in article 19(3).