3 Amendments of Marielle DE SARNEZ related to 2011/0438(COD)
Amendment 27 #
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. Public procurement is a vital tool in the redefinition of European industrial policy. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.
Amendment 76 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
Article 69 – paragraph 4 – subparagraph 1
The contracting authority shall verify the information provided by consulting the tenderer. It may onlyshall reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.
Amendment 79 #
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Article 69a In accordance with the conditions laid down in Articles 58 and 59 of Directive 2004/17/EC, tenders covering goods originating in third countries with which the European Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for European Union undertakings to the markets of those third countries may be rejected.