24 Amendments of Birgit SIPPEL related to 2012/0060(COD)
Amendment 7 #
Proposal for a regulation
Recital 1
Recital 1
(1) Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade.; pursuant to the same article the Union should promote democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and the respect for the principles of the United Nations Charter and international law; the cooperation in the field of international relations should serve to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;
Amendment 10 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The EU should not put pressure on third countries in order to push them to privatize public services. Public authorities at all levels should have the right to decide whether, how and to what extend they want to provide public services themselves.
Amendment 11 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Public contracts should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour, and that do not respect obligations established by Union legislation in the field of social, labour and environmental law or by international social, labour and environmental law provisions, in accordance with Directive [2004/18/EC].
Amendment 14 #
Proposal for a regulation
Recital 15
Recital 15
(15) For contracts with an estimated value equal or above EUR 5.000.000 the Commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the Union and the country where the goods and/or services originate contains, for the goods and/or services for which the exclusion is proposed, explicit market access reservations taken by the Union. Where such an agreement does not exist, the Commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services. In the case of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law in the country concerned, the Commission shall equally consider a restriction of market access for the concerned goods and/or services.
Amendment 16 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The respect of social, labour and environmental law applicable in the place of work in a third country, including the respect of fundamental international agreements such as ILO Convention 94 on labour clauses in public procurement, should not be seen as discriminatory practice.
Amendment 17 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16 b) Measures limiting the market access of third countries should not have disproportionate negative impacts on the social and labour situation in the country concerned, in particular in case of developing countries.
Amendment 18 #
Proposal for a regulation
Recital 19
Recital 19
(19) In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of the Directive on public procurement and Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged. Special attention should be paid to the respect of international labour, social and environmental law, including fundamental international conventions, such as ILO 94. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market.
Amendment 19 #
Proposal for a regulation
Recital 21
Recital 21
(21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement practice or continues to violate fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law, it should be able to start an investigation. If the existence of a restrictive procurement practice or of the above mentioned violations in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Amendment 20 #
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond. They should in particular take into account possible negative impacts on the social, labour and environmental situation in the country concerned, in particular in case of developing countries.
Amendment 21 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is imperative that contracting authorities/entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities/entities should be able to set aside measures limiting access of non- covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority/entity to safeguard essential public needs for example health and public safety, including social and environmental sustainability characteristics, or application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 22 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation is without prejudice to the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest, as set in Protocol 26. This shall also apply to European Union's policies towards third countries.
Amendment 24 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Contracting authorities/entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and their value. Criteria relating to fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law shall also be taken into account. They shall accept self-declarations as preliminary evidence that tenders cannot be excluded pursuant to paragraph 1. A contracting authority may ask a tenderer at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the proper conduct of the procedure. The Commission may adopt implementing acts establishing standard forms for declarations concerning the origin of goods and services. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).
Amendment 25 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point d a (new)
Article 6 – paragraph 2 – subparagraph 4 – point d a (new)
(d a) main reasons for the exclusion of goods and/or services.
Amendment 27 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) where there is evidence of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law for certain goods and/or services.
Amendment 29 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. The respect of social, labour and environmental law applicable in the place of work in the country concerned, including the respect of fundamental international agreements such as ILO Convention 94 on labour clauses in public procurement, should not be seen as a restrictive procurement measure resulting in serious and recurring discriminations of Union economic operators, goods and services.
Amendment 30 #
Proposal for a regulation
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
5 b. When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, the Commission shall examine the following: a) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law; b) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
Amendment 31 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged, referring in particular to the respect of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, notably to avoid any social or environmental or taxation dumping.
Amendment 34 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
When it is found as a result of an investigation that restrictive procurement measures or violations regarding the respect of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, are maintained by a third country and the Commission considers it to be justified by the EU interest, the Commission shall invite it to enter into consultations with a view to ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment.
Amendment 35 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. The Commission may also terminate the consultation if the country concerned respects fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law.
Amendment 36 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the Union and the third country or the non-respect of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law as referred to in Article 6, the Commission may adopt implementing acts to temporarily limit the access of non- covered goods and services originating in a third country. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
Amendment 37 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the exclusion of tenders of which more than 50 % of the total value is made up of non-covered goods or services originating in the country adopting or maintaining a restrictive procurement practice and/or concerned by the non-respect of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law; and/or
Amendment 38 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice and/or concerned by the non-respect of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law.
Amendment 39 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Measures limiting the market access of third countries shall be proportionate and shall not have disproportionate negative impacts on the country concerned, in particular in case of developing countries, but shall be rather designed to foster the local social and labour situation.
Amendment 40 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) there are no Union and/or covered goods or services available which meet the requirements of the contracting entity, including environmental and social sustainability criteria; or