11 Amendments of Alejandro CERCAS related to 2011/2048(INI)
Amendment 18 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; calls for compliance with social standards and collective agreements and payment of statutory minimum wages and fees during performance of the contract and in the input and supply chain to be made a binding criterion for the award of contracts, with a view to enforcing the principle of equal pay for equal work performed in the same place;
Amendment 37 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;
Amendment 38 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;
Amendment 46 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;
Amendment 47 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;
Amendment 48 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;
Amendment 79 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracthe existing Most Economically Advantageous Tender(MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets: the mosto supply more socially, economically, advantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosennd environmentally sustainable products and services;
Amendment 103 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authorities to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);
Amendment 137 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;
Amendment 139 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by subcontractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;
Amendment 197 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that relevant authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;