13 Amendments of Vicente Miguel GARCÉS RAMÓN related to 2011/0438(COD)
Amendment 190 #
Proposal for a directive
Recital 7
Recital 7
(7) 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, or any action in breach of labour, environmental, social (especially with regard to the inclusion of people with disabilities) or public-health rules, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 281 #
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, such as arrangements intended to protect the health of the staff involved in the production process or foster the social integration of disadvantaged persons or members of vulnerable groups among the staff assigned to performing the contract, including accessibility arrangements for persons with disabilities. 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.
Amendment 301 #
Proposal for a directive
Recital 44
Recital 44
(44) The laws, regulations and collective agreements, at both national and Union level, that are in force in the areas of employment conditions, the integration of disabled persons into the workforce and safety at work apply during the performance of a public contract, provided that such rules, and their application, comply with Union law. In cross-border situations, where workers from one Member State provide services in another Member State for the purpose of performing a public contract, 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 services23 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, non-compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned, liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract.
Amendment 603 #
Proposal for a directive
Article 17
Article 17
Member States may reserve the right to participate in public procurement procedures to: (a) sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshops,whose majority promoters and participants are non- profit-making bodies, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the workers concerned are people with disabilities who, owing to the nature or seriousness of their disabilities, cannot carry on occupations under normal conditions or do not easily find work in the ordinary market; (b) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers, provided that more than 30% of the employees of those economic operators or programmes are disabled or disadvantaged workers. The call for competition shall make reference to this provision. In Member States where circumstances justify it, because there is a large number of people with disabilities who can work but are not active, the reserved contracts referred to in point (a) above shall be equal to at least the number or percentage of contracts indicated by the contracting bodies or other competent bodies.
Amendment 826 #
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed four years, savetwo years, and may, where duly justified, reach four years; agreements may run for even longer in exceptional cases which are duly justified, in particular by the subject of the framework agreement.
Amendment 830 #
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 4
Article 31 – paragraph 2 – subparagraph 4
Contracting authorities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 836 #
Proposal for a directive
Article 31 – paragraph 5 – point b
Article 31 – paragraph 5 – point b
(b) contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days;
Amendment 838 #
Proposal for a directive
Article 31 – paragraph 5 – point d a (new)
Article 31 – paragraph 5 – point d a (new)
(da) Contracting authorities shall take into account compliance with labour law in procurement procedures for services which involve the substitution of staff and which are in economic sectors deemed labour intensive and to offer low added value; tenders for a price which involves labour costs which are lower than wages set out in collective bargaining agreements or the applicable legal minimum wage shall be considered abnormal and disproportionate.
Amendment 904 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4
Article 40 – paragraph 1 – subparagraph 4
For all procurement the subject of which is intended for use by persons, whether general public or staff of the contracting authority, those technical specifications shall, except in duly justified exceptional cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 944 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels 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 961 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. Precedence shall be given to labels, technical dossiers or other means of proof which have been developed, certified or verified with the involvement of governmental bodies, or environmental or social organisations.
Amendment 1093 #
Proposal for a directive
Article 57 – paragraph 1 – point a a (new)
Article 57 – paragraph 1 – point a a (new)
(aa) they comply with the applicable rules concerning the integration of people with disabilities into the workforce in each Member State;
Amendment 1193 #
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) characteristics pertaining to working conditions that aim to protect the health of the workers or favour the social integration of disadvantaged or disabled persons amongst the persons assigned to performing the contract.