Activities of Sabine WILS 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)
Shadow opinions (2)
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
Amendments (8)
Amendment 64 #
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. 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 particularincluding the in-house award contracts and allowing where appropriate 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 72 #
Proposal for a directive
Recital 14
Recital 14
(14) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted divergently between Member States and even between contracting authorities. It is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules. However, the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled. This directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionis ruled in full transparency and it is responding to essential needs of the concerned citizens.
Amendment 75 #
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, energy efficiency, social or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco- labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 80 #
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, social and environmental compliance, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to setshould show the effective compliance and inclusion of adequate quality standards by using technical specifications or contract performance conditions.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services, including public contracts or cooperation agreements among public authorities, by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘tenderer’ means an economic operator both public or private controlled that has submitted a tender;
Amendment 144 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation, including the same respect of the relevant environmental legislation and when required in particular the Environmental Impact Assessment and Environmental Strategic Impact Assessment. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 147 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled: