11 Amendments of Tamás DEUTSCH related to 2011/0439(COD)
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
(4) Public procurement plays a key role in the Europe 2020 strategy16 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 sectors17 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 contracts18 have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular 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 neeenable procurers to make better use of public procurement in support of sustainable development and employment and other common societal goals, thereby increasing the efficiency of public spending while ensuring the best possible outcome in cost-benefit ratio terms and facilitating in particular the participation of small and medium-sized enterprises in public procurement. There is also a need to simplify Union public procurement rules, particularly with regard to the method to be used to attain the sustainability objectives, which should be included in public procurement policy, and 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 42 #
Proposal for a directive
Recital 5
Recital 5
(5) Under Articles 9, 10, and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and the concepts underlying 'socially sustainable' production processes must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development and, throughout the supply chain, protecting health and public safety and ensuring compliance with social standards and national and European labour laws. This Directive clarifies how the contracting entauthorities may contribute to the protection of the environment and the promotion of sustainable development, whilst and use the discretionary power assigned to them to select the technical specifications and award criteria most likely to achieve socially sustainable public procurement whilst establishing the necessary relation to the subject matter of the contract and ensuring that they can obtain the best value for money for their contracts. .
Amendment 48 #
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, as well as infringements of labour, environmental, and public health legislation and actions which violate standards of work,, can result in serious distortions of competition and in violations of the basic principles of Union law. Economic operators shouldare therefore be required to submit a declaration on honour that they do not engage in such illicit activities and should be excluded if this declaration proves to be false.
Amendment 49 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) International labour standards, ILO conventions and recommendations should be duly respected in all phases of the procurement process.
Amendment 50 #
Proposal for a directive
Recital 14
Recital 14
(14) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994)25 , approved in particular the World Trade Organisation Agreement on Government Procurement, hereinafter referred to as the ‘"Agreement’". The aim of the Agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts, Member States should endeavour to place Union and third country businesses on an equal footing on the single market with a view to fachievilitating the liberalisation and expansion of world tradeintegration of small and medium-sized enterprises (SMEs) and stimulating employment and innovation within the Union. For contracts covered by the Agreement, as well as by other relevant international agreements by which the Union is bound, contracting entauthorities fulfil the obligations under thoseimposed by those various agreements by applying this Directive to economic operators of third countries that are signatories to the agreements.
Amendment 55 #
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Thoese criteria should guarantee that tenders are assessed in conditions of effective competition, also wheret the same time ensuring that contracting entauthorities require high-quality works, supplies and services that are optimally suited to their needs and which include factors linked to socially sustainable production process criteria and decent jobs. As a result, contracting entities 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 refer to adequate quality standards by using technical specifications or contract performance conditions.
Amendment 69 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
When awarding contracts which, on account of their value, are not covered by this Directive, national contracting entities shall be required to comply with the principles of equal treatment, non- discrimination and transparency.
Amendment 96 #
Proposal for a directive
Article 54 – paragraph 3 – point d a (new)
Article 54 – paragraph 3 – point d a (new)
da. the organisation, qualification and experience of the staff assigned to performing the contract in question.
Amendment 102 #
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities mayshall decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law with obligations in the field of social and labour law or environmental law established by Union or national legislation or by collective agreements according Member States practices and traditions, or ofby the international social and environmental law provisions listed in Annex XIV.
Amendment 110 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
(aa) a socially sustainable production process;
Amendment 125 #
Proposal for a directive
Article 79 – paragraph 3 – point d a (new)
Article 79 – paragraph 3 – point d a (new)
(da) compliance with rules and standards in the field of health and safety, social law, and labour law.