BETA

59 Amendments of Wim van de CAMP related to 2011/0438(COD)

Amendment 220 #
Proposal for a directive
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedureoutcomes. In particular, contracting authorities should be able to use the competitive procedure with negotiation where negotiations are needed for example due to legal and financial makeup of the contract, for example in case of complex infrastructural projects or due to the complexity of the project, for example in case of the implementation of complex ICT-projects in organisations. The competitive procedure with negotiation should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
2012/07/12
Committee: IMCO
Amendment 234 #
Proposal for a directive
Recital 20
(20) There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers, with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising procurement management. This can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as well as market access opportunities for small and medium-sized enterprises. The Commission should provide guidance to Member States and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion. Such guidance should be provided by way of implementing act.
2012/07/12
Committee: IMCO
Amendment 246 #
Proposal for a directive
Recital 27
(27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions, standards and specifications in the market place, so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator, or that disadvantage economic operators on the basis of business or development model including with regard to standards or specifications implemented in a given solution or service. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements must be considered equally by contracting authorities. To demonstrate equivalence, tenderers can be required to provide third- party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits. Contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case.
2012/07/12
Committee: IMCO
Amendment 274 #
Proposal for a directive
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as research, development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
2012/07/12
Committee: IMCO
Amendment 345 #
Proposal for a directive
Article 71 a (new)
Article 71 a In the procurement documents, the contracting authority shall stipulate that the conditions and requirements which apply to the tenderer also apply to any third parties who perform part of the contract as subcontractors.
2012/06/20
Committee: EMPL
Amendment 346 #
Proposal for a directive
Article 71 b (new)
Article 71 b In the event of circumstances as referred to in Directive 2001/23/EC, this Directive shall also apply to the purchase or other forms of acquisition of works, supplies or services 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, in the context of this Procurement Directive.
2012/06/20
Committee: EMPL
Amendment 363 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
(22) 'life cycle' means all consecutive and/or interlinked stages, including research, development, 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.
2012/07/12
Committee: IMCO
Amendment 369 #
Proposal for a directive
Annex XI – indent 3 a (new)
- Convention 94 on Labour Clauses in Public Contracts.
2012/06/20
Committee: EMPL
Amendment 386 #
Proposal for a directive
Article 4 – paragraph 1 – point b
(b) EUR 13260 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;
2012/07/12
Committee: IMCO
Amendment 390 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
2012/07/12
Committee: IMCO
Amendment 398 #
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 413 #
Proposal for a directive
Article 7 a (new)
Article 7a Exclusion for goods falling under a fixed price regime This Directive shall not apply to contracts for the supply of goods or the provision of services which are subject by law to a fixed price.
2012/07/12
Committee: IMCO
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;
2012/07/12
Committee: IMCO
Amendment 462 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %most of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
2012/07/12
Committee: IMCO
Amendment 479 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no active private participation in the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 484 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/07/12
Committee: IMCO
Amendment 494 #
Proposal for a directive
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.
2012/07/12
Committee: IMCO
Amendment 502 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
2012/07/12
Committee: IMCO
Amendment 510 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %the majority of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/07/12
Committee: IMCO
Amendment 522 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no active private participation in the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 527 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/07/12
Committee: IMCO
Amendment 547 #
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest;deleted
2012/07/12
Committee: IMCO
Amendment 553 #
Proposal for a directive
Article 11 – paragraph 4 – point c
(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/07/12
Committee: IMCO
Amendment 564 #
Proposal for a directive
Article 11 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/07/12
Committee: IMCO
Amendment 618 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 3
To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross- border context, the Commission shall be empowered to adopt delegated acts in accordance with Article 89 to establish the mandatoryould recommend use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.
2012/07/12
Committee: IMCO
Amendment 628 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a privatecommon interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
2012/07/12
Committee: IMCO
Amendment 631 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3
For the purposes of this Article, ‘private "common interests' means any family, emotional life, economic, political or other shared interestseconomic interest or family ties, shared with the candidates or the tenderers, including conflicting professional interests.
2012/07/12
Committee: IMCO
Amendment 651 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 a (new)
Contracting authorities need not publish a call for competition where they include in the competitive procedure with negotiation or competitive dialogue all of, and only, the tenderers which satisfy the criteria of Articles 55 to 65 and which, during the prior open or restricted procedure, have submitted tenders in accordance with the formal requirements of the tendering procedure.
2012/07/12
Committee: IMCO
Amendment 659 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They mayshall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 669 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point e
(e) where contracting authorities justify in the call for competition that due to specific circumstances related to the nature, the legal or financial makeup or the complexity of the works, supplies or services or the risks attaching thereto, the contract cannot be awarded without prior negotiations.
2012/07/12
Committee: IMCO
Amendment 677 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 846 #
Proposal for a directive
Article 32 – paragraph 6 – introductory part
6. Contracting authorities shall indicate the duration of the dynamic purchasing system in the call for competition. They shall notify the Commission of any change in duration, using the following standard forms:
2012/07/12
Committee: IMCO
Amendment 848 #
Proposal for a directive
Article 32 – paragraph 6 – point a
(a) where the duration is changed without terminating the system, the form used initially for the call for competition for the dynamic purchasing system;deleted
2012/07/12
Committee: IMCO
Amendment 850 #
Proposal for a directive
Article 32 – paragraph 6 – point b
(b) where the system is terminated, a contract award notice referred to in Article 48.deleted
2012/07/12
Committee: IMCO
Amendment 918 #
Proposal for a directive
Article 40 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or when those do not exist national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘or equivalent’;
2012/07/12
Committee: IMCO
Amendment 922 #
Proposal for a directive
Article 40 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process, or development or business model or method, or to trade marks, patents, types or a specific origin or production or location of production, with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘or equivalent’.
2012/07/12
Committee: IMCO
Amendment 1046 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any repeated violation of obligations established bywithin Union legislation in the field of social and labour law or environmental law or of the international social and environmentallabour law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent mann, but limited to the first tier of suppliers.
2012/07/12
Committee: IMCO
Amendment 1234 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).deleted
2012/07/12
Committee: IMCO
Amendment 1239 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
2012/07/12
Committee: IMCO
Amendment 1247 #
Proposal for a directive
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled: If, for a given contract, tenders appear to be abnormally low in relation to the service to be provided, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. Those details may relate in particular to:
2012/07/12
Committee: IMCO
Amendment 1252 #
Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the preconomices or cost charged is more than 50 % lower than the averagef the construction method, the manufacturing prioce or costs ss ofr the remaining tendersservices provided;
2012/07/12
Committee: IMCO
Amendment 1261 #
Proposal for a directive
Article 69 – paragraph 1 – point b
(b) the price ortechnical solutions chost charged is more than 20 % lower than the price or costs of the second lowest tenderen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services;
2012/07/12
Committee: IMCO
Amendment 1268 #
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least five tenders have been submitted.the originality of the design proposed by the tenderer;
2012/07/12
Committee: IMCO
Amendment 1271 #
Proposal for a directive
Article 69 – paragraph 1 – points c a and c b (new)
(ca) compliance with the provisions relating to employment protection and terms of employment in force at the place where the contract is to be performed; (cb) the possibility of the tenderer obtaining State aid.
2012/07/12
Committee: IMCO
Amendment 1274 #
Proposal for a directive
Article 69 – paragraph 2
2. WThere tenders appear to be abnormally low for other reasons, contracting authorities may also request such contracting authority shall verify those constituent elements by consulting the tenderer, taking account of the explanations supplied.
2012/07/12
Committee: IMCO
Amendment 1277 #
Proposal for a directive
Article 69 – paragraph 3
3. TWhe explanations referred to in paragraphs 1 and 2 may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance, at least re a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time- limit fixed by the contracting an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) the possibility of the tenderer obtaining State aiduthority, that the aid in question was granted legally. Where the contracting authority rejects a tender in those circumstances, it shall inform the Commission thereof.
2012/07/12
Committee: IMCO
Amendment 1299 #
Proposal for a directive
Article 69 a (new)
Article 69a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[1], exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 66, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of products originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and to the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of this Article in the light of such developments. [1] OJ L 302, 19.10.1992, p. 1.
2012/07/12
Committee: IMCO
Amendment 1302 #
Proposal for a directive
Article 69 b (new)
Article 69b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of service contracts in third countries. 2. The Commission shall report to the European Parliament and to the Council before 31 December 2014, and periodically thereafter, on the opening up of service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of service contracts, a third country: (a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; or (b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international social and environmental law provisions listed in Annex XI when these undertakings have tried to secure the award of contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.
2012/07/12
Committee: IMCO
Amendment 1400 #
Proposal for a directive
Article 75 – paragraph 1
1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.deleted
2012/07/12
Committee: IMCO
Amendment 1404 #
Proposal for a directive
Article 75 – paragraph 2
awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice.
2012/07/12
Committee: IMCO
Amendment 1407 #
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms.
2012/07/12
Committee: IMCO
Amendment 1413 #
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.deleted
2012/07/12
Committee: IMCO
Amendment 1418 #
Proposal for a directive
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
2012/07/12
Committee: IMCO
Amendment 1424 #
Proposal for a directive
Article 76
Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted
2012/07/12
Committee: IMCO
Amendment 1450 #
Proposal for a directive
Article 83 – paragraph 1
In conformity with Council Directive 89/665/EEC, Member States shall ensure correct application of this Directive by effective, available and transparent mechanisms which complement the system in place for the review of decisions taken by contracting authorities.deleted
2012/07/12
Committee: IMCO
Amendment 1462 #
Proposal for a directive
Article 84
1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted
2012/07/12
Committee: IMCO
Amendment 1516 #
Proposal for a directive
Article 85 – paragraph 2
The cContracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contracttake appropriate steps to document the progress of procurement procedures conducted by electronic means.
2012/07/12
Committee: IMCO
Amendment 1525 #
Proposal for a directive
Article 86
[...]deleted
2012/07/12
Committee: IMCO
Amendment 1545 #
Proposal for a directive
Article 87
[...]deleted
2012/07/12
Committee: IMCO