Activities of Catherine STIHLER related to 2011/0438(COD)
Plenary speeches (1)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Amendments (13)
Amendment 181 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must, in defining and implementing its policies and activities, take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. This Directive contributes to attaining these objectives by encouraging socially sustainable public procurement, ensuring that social criteria are employed at all stages of the procurement procedure, and reinforcing all existing obligations at Union, national and international level relating to working conditions, social protection and public health.
Amendment 267 #
Proposal for a directive
Recital 38
Recital 38
(38) Where contracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Where justified on public policy grounds in order to promote sustainable economic growth, contracting authorities may include criteria related to socio- economic impact in order to identify which tender offers the best value for money. Such cases may arise where there is a need to develop and retain a skilled workforce, foster business capacity in order to ensure that contracting authorities' future requirements can be met, or avoid any detrimental impact on the workforce or business capacity as a result of the contract award decision.
Amendment 279 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Taking into account recent case law of the Court of Justice of the EU, contracting authorities can chose an award criterion which refers to the fact that the product concerned is of fair trade origin, including the requirement to pay a minimum and price premium to producers.
Amendment 286 #
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 and employment conditions of the persons directly participating in the process of production or provision in question. 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 369 #
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'Life cycle characteristics' relate to choices relating to any part of the life cycle of a product or works or the provision of a service, as defined in point (22) of this article, including all aspects of choices relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights and ethical trade. Life cycle characteristics are embedded in a product as a result of choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service.
Amendment 377 #
Proposal for a directive
Article 2 – paragraph 1 point 23 b (new)
Article 2 – paragraph 1 point 23 b (new)
(23b) 'Accessibility' means easiness to approach, enter, exit, operate, participate in and use safely, independently, and with dignity a good, service, site, technology (including information and communication technologies and systems) or built environment, by a person with a disability or reduced mobility under all circumstances (including emergency cases). This does not exclude the use of assistive devices or augmentative and alternative communication to achieve accessibility for particular groups of persons with disabilities where this is needed.
Amendment 604 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States may reserve the right to participate in public procurement procedures to sheltered workshopsemployment 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 workshopssheltered employment, economic operators or programmes are disabled or disadvantaged workers.
Amendment 616 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The means of communication chosen must be generally available, accessible to persons with disabilities, and not restrict economic operators' access to the procurement procedure.
Amendment 905 #
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 cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 1054 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation or national laws, regulations and other binding provisions in the field of gender, social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1111 #
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Where they require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons, social and solidarity economy and ethical trade requirements, contracting authorities shall refer to quality assurance systems based on the relevant European standards series certified by accredited bodies or multi-stakeholder third-party verified organisational assurance schemes. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits.
Amendment 1173 #
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character and where justified on public policy grounds in order to promote sustainable economic growth, socio- economic impact;
Amendment 1185 #
Proposal for a directive
Article 66 – paragraph 2 – point b a (new)
Article 66 – paragraph 2 – point b a (new)
(ba) socially sustainable production process criteria, which may also involve the employment of disadvantaged individuals or members of vulnerable groups;