Activities of Malcolm HARBOUR related to 2009/2175(INI)
Plenary speeches (1)
New developments in public procurement (short presentation)
Shadow reports (1)
REPORT Report on new developments in public procurement PDF (287 KB) DOC (186 KB)
Amendments (34)
Amendment 5 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
Amendment 6 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
Amendment 13 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there has been a disproportionate number of infringement cases at the European Court of Justice in this area, indicating that many Member States have struggled to comply with the Public Procurement Directives,
Amendment 17 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas a well functioning procurement market is essential for the Internal Market, to both encourage cross- border competition, stimulate innovation, promote the low carbon economy and achieve optimal value for public authorities,
Amendment 18 #
Motion for a resolution
Paragraph 1 – title
Paragraph 1 – title
General remarks and recommendations
Amendment 25 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 28 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
Amendment 33 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
Amendment 37 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
Amendment 38 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 39 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing carry out an ex-post assessment of the public procurement directives, to takeaking account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass an analysis of the national laws transposing the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 44 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes of the importance of standards for public procurement in that they can help public procurers meet their targets, allowing them to use tried and tested processes to procure products and services, delivering a more cost-effective tender procedure and ensuring procurement meets other policy objectives, such as sustainability or buying from small businesses;
Amendment 46 #
Motion for a resolution
Paragraph 6 – title
Paragraph 6 – title
Amendment 48 #
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
Amendment 65 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that in its judgment of 10 September 2009 in Case C-573/07 the CJEU found that the mere possibility of the opening-up of the capital of a previously publicly-owned company to private investors may not be taken into consideration as a factor making competitive tendering a requirement unless there exists, at the time the contract is awarded, a real prospect character of the public capital company changes during the period for which the contract was valid, thereby altering the short term of such an opening-upfundamental condition of the contract and requiring a new competitive tender; notes that the lawrules in thise area is now sufficiently clear;of public-public cooperation have been subject to important developments due to the jurisprudence of the CJEU; and therefore calls on the Commission and the Member States to provide information about the legal implications of these judgments and expects that in future no further appeal procedures will be brought in these areas;
Amendment 66 #
Motion for a resolution
Paragraph 8 – title (new)
Paragraph 8 – title (new)
Service Concessions
Amendment 70 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 77 #
Motion for a resolution
Paragraph 10 – title (new)
Paragraph 10 – title (new)
Public-Private Partnership
Amendment 78 #
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
Amendment 82 #
Motion for a resolution
Paragraph 11 – title (new)
Paragraph 11 – title (new)
Town Planning/Urban Development
Amendment 83 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
Amendment 85 #
Motion for a resolution
Paragraph 12 – title (new)
Paragraph 12 – title (new)
Procurement below the threshold
Amendment 86 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
Amendment 87 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
Amendment 93 #
Motion for a resolution
Paragraph 13 – title (new)
Paragraph 13 – title (new)
Green Procurement
Amendment 94 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 107 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiafor standards, including those relating to environmental and social criteria, to be made available for public authoritives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States to be fully involved in this process; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research, to ensure that procurers have appropriate guidance and a clear set of rules when drawing up tenders to easily verify their compliance with the relevant standard;
Amendment 109 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
Amendment 121 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;
Amendment 123 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Reiterates it’s previous call, in it’s report of February 2009, on the Commission to provide a handbook on pre-commercial procurement, which should illustrate practical examples of risk benefit sharing according to market conditions; considers, in addition, that intellectual property rights must be vested in the companies participating in pre- commercial procurement, which would foster understanding amongst public authorities and encourage suppliers to become involved in pre-commercial procurement procedures;
Amendment 124 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Welcomes the European Commission’s EMAS helpdesk which provides practical information and support for companies and other organisations to evaluate, report and improve their environmental performance in public procurement; calls on the Commission to consider developing of a more generic online portal which could offer practical advice and support for those using the public procurement process, particularly the actors involved in complex and collaborative procurement procedures;
Amendment 125 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Notes that SMEs have struggled to access public procurement markets and that more should be done to develop an "SME strategy"; therefore, as part of this strategy, calls on the Member States to work with contracting authorities to encourage subcontracting possibilities where appropriate, develop and disseminate best practise techniques, avoid overly prescriptive pre-qualifying processes, use standards in tender documents to ensure that suppliers don’t have to start from scratch and to establish a centralised advertising portal for contracts; also calls on the Commission to take stock of Member States initiatives in this area and encourage wider dissemination of the Small Business Act’s European Code of Best Practises;
Amendment 127 #
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
15g. Encourages Member States to promote a "Supplier Development Programme" as already developed in some countries; notes that such a tool can be used to encourage dialogue between suppliers and procurers, enabling actors to meet at an early stage of a purchasing process; stresses that such a mechanism is essential for stimulating innovation and improving SME access to procurement markets;
Amendment 130 #
Motion for a resolution
Paragraph 15 j (new)
Paragraph 15 j (new)
15j. Recognises that training and exchanging experiences between public authorities and the European Commission is essential in overcoming some of the complexities in the public procurement market; however, is concerned that as public budgets tighten, such initiatives could be undermined; therefore calls on Member States and the European Commission to use existing resources and mechanisms at their disposal, such as peer reviews, envisaged in the Services Directive, to encourage small teams of procurement experts from one region to review the activities of another EU region, which could help establish confidence and best practises across different Member States;