Activities of Jürgen CREUTZMANN related to 2011/0438(COD)
Plenary speeches (2)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on public procurement PDF (2 MB) DOC (3 MB)
Amendments (117)
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 213 #
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. These criteria should not apply to cooperation between public service broadcasters and between public service broadcasters and their subsidiaries, insofar as they are subject to the specific European competition rules, in order to prevent any distortion of competition. 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 competition.
Amendment 250 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29 a) For all procurement it is necessary that contracting authorities ensure that the products, services and works subject to the contract meet the requirements of data protection law. In order to ensure and demonstrate the protection of the rights and freedoms of data subjects with regard to the processing of personal data, tenderers should adopt internal policies and implement appropriate technical and organisational measures at the time of the design of the processing of personal data (data protection by design).
Amendment 264 #
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. Theose criteria should guarantee that tenders are assessed in conditions of effective competition, 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 set adequate quality standards by using technical specifications or contract performance conditions, in case of standardised goods, 'the lowest prize'.
Amendment 277 #
Proposal for a directive
Recital 40
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 internal costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, (such as 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. . Or. en (See amendments on Article 66)
Amendment 290 #
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender. and proportionate to the value and objectives of the contract. Or. en (See Articles 40 and 66)
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 296 #
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 to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means ofnotice used to make the calling for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, 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,or professional training. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long-term job-seekers or to implement training measures for the unemployed or for 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 310 #
Proposal for a directive
Recital 50
Recital 50
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.
Amendment 350 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c
Article 2 – paragraph 1 – point 6 – point c
(c) they are financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointedwhich satisfy at least one of the following conditions: (i) The majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; (ii) The majority of the administrative, managerial or supervisory board is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) Decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law.
Amendment 367 #
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 toacquisition to use, maintenance, disposal, clearance and finalisation. Or. en (See Article 67)
Amendment 370 #
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'standardised products' means products which do not differ significantly in their composition or characteristics.
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 426 #
Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;
Amendment 433 #
Proposal for a directive
Article 10 – paragraph 1 – point d
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, transactions to enable contracting authorities to raise money or capital, as well as central bank services and operations conducted with the European Financial Stability Facility;
Amendment 445 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(f a) hotel and restaurant services with CPV reference numbers from 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6, provided that the services can be provided only by economic operators located in a specific region.
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 463 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried outthe legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;
Amendment 480 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50% of its voting shares.
Amendment 489 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 498 #
Proposal for a directive
Article 11 – paragraph 2
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 to another legal person controlled by the same contracting authority, provided that there is noe private participation in the legal person being awarded the public contract does not exceed 50% of its voting shares.
Amendment 511 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities ofthe legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person areessentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;
Amendment 524 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50% of its voting shares.
Amendment 529 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
Amendment 534 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromcontrary to that of the public authorities affiliated to it;
Amendment 542 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
Amendment 549 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this includes subordinate ancillary services which are necessary in order to perform the services in the public interest;
Amendment 567 #
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
(d) the agreement does not essentially involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
Amendment 571 #
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involveddoes not exceed 50% of its voting shares.
Amendment 622 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, atby the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article1st January 2017, at least 70 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article. In relation to the public procurement of Works contracts, Member States shall furthermore encourage the systematic use of digital three-dimensional representations following the general timescales for the implementation of electronic procurement set out in the first and second sub paragraphs.
Amendment 638 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Article 21 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure. Or. en (See deletion of Article 84)
Amendment 639 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3 a (new)
Article 21 – paragraph 3 – subparagraph 3 a (new)
Member States shall ensure that an individual who reports undisclosed conflicts of interest of other staff members referred to in paragraph 2(a) in good faith has the right to be protected against retaliation. Retaliation means any direct or indirect detrimental action recommended, threatened or taken against an individual because of such action.
Amendment 652 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
Amendment 662 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point a
Article 24 – paragraph 1 – subparagraph 4 – point a
(a) with regard to works, where the works contract has as its object both the design and the execution of works within the meaning of Article 2(8) or where negotiations are needed to establish the legal or financial makeup of the project;
Amendment 674 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 680 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – introductory part
Article 24 – paragraph 2 – subparagraph 1 – introductory part
The call for competition mayshall be made by one of the following means:a contract notice pursuant to Article 47.
Amendment 681 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point a
Article 24 – paragraph 2 – subparagraph 1 – point a
Amendment 682 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point b
Article 24 – paragraph 2 – subparagraph 1 – point b
Amendment 684 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 690 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 407 days from the date on which the contract notice was sent.
Amendment 702 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 711 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. SMember States shall provide that all or specific categories of sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reachIn the absence of an agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 10 days from the date of the invitation to tender.
Amendment 716 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
1. In competitive procedures with negotiation, any economic operator may submit a request to participate in response to a call for competition by providing the requested information for qualitative selectioncontaining the information set out in Annex VI parts B and C by providing the information for qualitative selection that is requested by the contracting authority.
Amendment 718 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interestprocurement documents, contracting authorities shall describe the procurement andindicate which elements define the minimum requirements to be met and specify the award criteria so. The indications shall be sufficiently precise as to enable economic operators to identify the precise nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirementsprocedure.
Amendment 725 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent; the minimum time limit for the receipt of tenders shall be 30 days from the date on which the invitation is sent. Article 26 (3) to (6) shall apply.
Amendment 726 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Only those economic operators invited by the contracting authority following their assessment of the requested information may submit a writtenn initial tender which shall be the basis for the subsequent negotiations. Contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.
Amendment 744 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c a (new)
Article 27 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) the price, where there is no modification of other elements of the tender.
Amendment 748 #
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
4. During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated pursuant to paragraph 5, are informed in writing of any changes to the technical specifications or other procurement documents, other than those setting out the minimum requirements, in adequate time to allowproviding sufficient time for such tenderers to modify and re-submit amended tenders following these changes, as appropriate.
Amendment 756 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice is sent.
Amendment 769 #
Proposal for a directive
Article 28 – paragraph 6 - subparagraph 1 a (new)
Article 28 – paragraph 6 - subparagraph 1 a (new)
These tenders may be clarified, specified and fine-tuned at the request of the contracting authority. However, such clarification, specification, fine-tuning or additional information may not involve changes to the essential aspects of the tender or of the public procurement, including the needs and requirements set out in the contract notice or in the descriptive document, where variations to those aspects, needs and requirements are likely to distort competition or have a discriminatory effect.
Amendment 771 #
Proposal for a directive
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 774 #
Proposal for a directive
Article 28 – paragraph 8
Article 28 – paragraph 8
8. The contracting authorities mayshall specify prizes or payments to the participants in the dialogue.
Amendment 777 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
Amendment 798 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request.
Amendment 858 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 894 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either (i) clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
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 902 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, provided that they are linked to the subject-matter of the contract and proportionate to the value and objectives of the contract.
Amendment 907 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4 a (new)
Article 40 – paragraph 1 – subparagraph 4 a (new)
For all procurement, technical specifications shall be drawn up so as to ensure that the products, services and works subject to the contract meet the requirements of data protection law at the time of the design of the processing of personal data (data protection by design).
Amendment 919 #
Proposal for a directive
Article 40 – paragraph 3 – point b
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’';
Amendment 923 #
Proposal for a directive
Article 40 – paragraph 4
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 withor location of production, as any such reference would have 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 systematically be accompanied by the words ‘"or equivalent’. ".
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 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 1000 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasondecision in favour of or against a division into lots.
Amendment 1019 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Not later than 148 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In case of an incomplete or incoherent contract award notice, the Commission will contact the Contracting Authority with the aim to receive completion or clarification of the contract award notice.
Amendment 1031 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may 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, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XI.
Amendment 1036 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decideshall not to award a contract to the tenderer submitting the best tender where they have established based on clear and sufficient evidence 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 or of the international social and environmental law provisions listed in Annex XI.
Amendment 1049 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1056 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b
Article 55 – paragraph 3 – subparagraph 1 – point b
(b) where the economic operator is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it has entered into an arrangement with creditors, where it has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
Amendment 1058 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
Amendment 1062 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority, whether deliberately or through negligence.
Amendment 1072 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractualmust prove that a final court judgment for deficient performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall bs been handed down against the economic operator or that the ecommunicated to the contnomic operactor in question, which shall be given the opportunity to object to the findings and to obtain judicial protectionhas issued a declaration of acknowledgement of deficient performance.
Amendment 1101 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
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 1143 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice only where no other award criteria are available from an objective point of view, in particular for standardised products, which do not differ significantly in their composition or characteristics.
Amendment 1147 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1148 #
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 1162 #
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 1176 #
Proposal for a directive
Article 66 – paragraph 2 – point a a (new)
Article 66 – paragraph 2 – point a a (new)
(aa) costs over the life cycle in accordance with Article 67
Amendment 1184 #
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisqualification and qualityexperience;
Amendment 1188 #
Proposal for a directive
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
Amendment 1208 #
Proposal for a directive
Article 67 – paragraph 1 – introductory part
Article 67 – paragraph 1 – introductory part
1. Life-cycle costing shall to the extent relevant cover parts or all of the following costs borne by the contracting authority or other users over the life cycle of a product, service or works as defined in point (22) of Article 2:
Amendment 1212 #
Proposal for a directive
Article 67 – paragraph 1 – point a
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs, and end of life, such as collection and recycling costs and
Amendment 1213 #
Proposal for a directive
Article 67 – paragraph 1 – point a a (new)
Article 67 – paragraph 1 – point a a (new)
(aa) costs of use, such as consumption of energy and other resources,
Amendment 1214 #
Proposal for a directive
Article 67 – paragraph 1 – point a b (new)
Article 67 – paragraph 1 – point a b (new)
(ab) maintenance costs,
Amendment 1215 #
Proposal for a directive
Article 67 – paragraph 1 – point a c (new)
Article 67 – paragraph 1 – point a c (new)
(ac) end of life costs, such as collection and recycling costs;
Amendment 1216 #
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
Amendment 1222 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting authorities assess the costs usinguse a life- cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology used must fulfil all of the following conditions:data to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of these data.
Amendment 1223 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
Amendment 1227 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
Article 67 – paragraph 2 – subparagraph 1 – point b
Amendment 1228 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c
Article 67 – paragraph 2 – subparagraph 1 – point c
Amendment 1232 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 2
Article 67 – paragraph 2 – subparagraph 2
Amendment 1235 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
Amendment 1240 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
Article 67 – paragraph 3 – subparagraph 2
Amendment 1258 #
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders
Amendment 1270 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
Amendment 1288 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or by the international social and environmental law provisions listed in Annex XI.
Amendment 1313 #
Proposal for a directive
Article 70
Article 70
Contracting authorentities 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 considerationstraining measures for unemployed and young people. They may also 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 1370 #
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1383 #
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure pursuant to Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.
Amendment 1465 #
Proposal for a directive
Article 84
Article 84
Amendment 1518 #
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
The contracting 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 contract.
Amendment 1522 #
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversight body where they so request.
Amendment 1524 #
Proposal for a directive
Article 86
Article 86
Amendment 1554 #
Proposal for a directive
Article 88 – paragraph 3
Article 88 – paragraph 3
3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points. Or. en (See deletion of Article 86)
Amendment 1562 #
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
Annex 8 – paragraph 1 – point 1 – point a
(a) in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design (including data protection by design) and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
Amendment 1564 #
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, rules relating to design (including data protection by design), symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;
Amendment 1573 #
Proposal for a directive
Annex 13 – paragraph 1 – point a
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
Amendment 1574 #
Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
Amendment 1575 #
Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
Amendment 1576 #
Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1577 #
Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1578 #
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 6 monthsone year.
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.