6 Amendments of Petru Constantin LUHAN related to 2011/0439(COD)
Amendment 46 #
Proposal for a directive
Recital 4
Recital 4
(4) 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, facilitatsimplifying in particular the participation ofaccess for 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 47 #
Proposal for a directive
Recital 13
Recital 13
(13) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and will be excluded from both the corresponding and subsequent procurement procedures within the EU if this declaration proves to be false.
Amendment 51 #
Proposal for a directive
Recital 34
Recital 34
(34) Joint awarding of contracts by contracting entities from different Member States currently encounters specific legal difficulties, with special reference to conflicts of national laws. Despite the fact that Directive 2004/17/EC implicitly allowed for cross-border joint public procurement, in practice several national legal systems have explicitly or implicitly rendered cross-border joint procurement legally uncertain or impossible. Contracting entities from different Member States may be interested in cooperating and in jointly awarding contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk-benefit sharing, not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting entity. Therefore new rules on cross-border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting entities across the Single Market. In addition, contracting entities from different Member States may set up joint legal bodies established under national or Union law. Specific rules should be established for such form of joint procurement. Similarly, in the context of cross-border public procurement, it is absolutely necessary to clarify the aspects relating to intellectual property law;
Amendment 56 #
Proposal for a directive
Recital 57
Recital 57
(57) The evaluation has shown that Member States do not consistently and systematically promote and monitor the implementation and the functioning of public procurement rules. This has a negative impact on the correct implementation of provisions stemming from those directives, which is a major source of cost and uncertainty. Several Member States have appointed a national central body dealing with public procurement issues, but the functions that such bodies are empowered withtasks entrusted to such bodies vary considerably across Member States. Clearer, more consistent and authoritative information, monitoring and control mechanisms would increase knowledge of the functioning of procurement rules, improve legal certainty for businesses and contracting entauthorities, and contribute to establishing a level playing field. Such mechanisms could serve as tools for the prevention, detection and early resolution of problems, especially with regard toparticularly in the case of projects cofunded by the Union, and for the identification of structural deficiencies. There is in particular a strong need to coordinIt is vital thate those mechanisms be coordinated to ensure consistent application, controls and monitoring of public procurement policy, as well as systematic assessment of theits outcomes of procurement policy across the Union.
Amendment 58 #
Proposal for a directive
Recital 59
Recital 59
(59) Not allSome contracting entities mayauthorities do not have the internal expertise to deal with economically or technically complex contracts. Against this background, appropriate professional support would be an effective complement to monitoring and control activities. On the one hand, this objective can be achieved by knowledge sharing tools (knowledge centres) offering technical assistance to contracting entities; on the other hand, business, not least SMEs, should benefit from administrative assistance, in particular when participating in procurement procedures on a cross- border basis.
Amendment 60 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) The Commission should encourage the Member States to conduct regular training and awareness-raising campaigns and engage in consultation targeted at regional and local authorities and SMEs, and also to involve other interested parties, in order to ensure there is informed participation in public procurement and reduce the frequency of errors and to develop the required expertise among the contracting authorities of local and regional administrations in order to implement innovative procurement;