21 Amendments of Morten LØKKEGAARD related to 2011/0438(COD)
Amendment 171 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Contracting authorities should always consider carefully the economic impact of a given requirement on the economic operators before it chooses to use such a requirement in the contract notice. Overly demanding requirements will raise transaction costs and can furthermore be an obstacle to the involvement of especially small and medium sized companies in public procurement.
Amendment 294 #
Proposal for a directive
Recital 43
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked directly to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, or the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements applicable during performance of the contract to recruit long-term job- seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
Amendment 366 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.
Amendment 405 #
Proposal for a directive
Article 4 – paragraph a (new)
Article 4 – paragraph a (new)
For works, goods and service contracts falling below these thresholds, Member States shall implement national procedures for open competitions that ensure compliance with the Treaty principles or equal access, non- discrimination and transparency
Amendment 580 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2 a (new)
Article 11 – paragraph 5 – subparagraph 2 a (new)
When the contract concerns waste incineration, the percentages in article 11, paragraph 1, point b, paragraph 3, point b and paragraph 4, point c, are 50 %.
Amendment 645 #
Proposal for a directive
Article 22
Article 22
Amendment 897 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required offunctionality that a works, service or supply is to deliver.
Amendment 927 #
Proposal for a directive
Article 40 – paragraph 6 – subparagraph 1
Article 40 – paragraph 6 – subparagraph 1
Where a contracting authority uses the option laid down in point (a) of paragraph 3 to formulate technical specifications in termsbased ofn performance or functional requirements, it shall not reject a tender for works, supplies or services which comply with a national standard transposing a European standard, a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, where those specifications address the performance or functional requirements which it has laid down.
Amendment 932 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label, provided that all of the following conditions are fulfilled:
Amendment 972 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits.
Amendment 980 #
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities may authorise tenderers to submit variants. They shall indicas a general rule authorise variants unless otherwise stated in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication to the contrary.
Amendment 1102 #
Proposal for a directive
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
Amendment 1105 #
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six monthsone year earlier.
Amendment 1142 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice.
Amendment 1147 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1157 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 1168 #
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) life-cycle cost and quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character;
Amendment 1216 #
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
Amendment 1310 #
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also and are of direct relevance to the contract's works, goods, or services. Those conditions may include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 1579 #
Proposal for a directive
Annex 13 – paragraph 1 – point f
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 612 months.
Amendment 1587 #
Proposal for a directive
Annex 16 - column 1 - row 1
Annex 16 - column 1 - row 1
79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5, 85322000-2 and 85322143000-23)