Activities of Julie GIRLING related to 2011/0438(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
Amendments (25)
Amendment 85 #
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 costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. The notion of life-cycle shall not allow contracting authorities to take into consideration transportation, as this could raise barriers to trade within the Union, and discriminate against non-local suppliers. 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, adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 87 #
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 35 most economically advantageous tenders, 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 40 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 services 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.
Amendment 95 #
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, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation a meaningful manner.
Amendment 134 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label, providedshall ensure that all of the following conditions are fulfilled:
Amendment 136 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label only concern characteristics which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 138 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point b
Article 41 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label are drawn up on the basis of scientific information or based on other objectively verifiable and non- discriminatory criteria;
Amendment 143 #
Proposal for a directive
Article 41 – paragraph 2
Article 41 – paragraph 2
Amendment 172 #
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, and maintenance costs, and end of life, such as collection and recycling costs and
Amendment 173 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on thein close consultation with stakeholders, including industry, is basised ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 175 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
Article 67 – paragraph 2 – subparagraph 1 – point b
(b) it has been tested and verified with suppliers and established for repeated or continuous application;
Amendment 176 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) it is formulated so as to ensure that market surveillance authorities can verify the conformity of the product with the declared life-cycle costs.
Amendment 178 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
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, itsuch legislative acts shall be adopted in close consultation with stakeholders, including industry. Such common methodologies shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).
Amendment 181 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 184 #
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Contracts for social and other specific services listed in Annex XVI shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d)with a value equal to or greater than the threshold indicated in Article 4 (d) shall be awarded in observance of the basic principles of transparency and equal treatment.
Amendment 185 #
Proposal for a directive
Article 74 – paragraph 1 a (new)
Article 74 – paragraph 1 a (new)
1a. Member States shall put in place appropriate procedures for the award of these contracts to ensure compliance with these principles while allowing contracting authorities to take into account the specificities of the services in question.
Amendment 186 #
Proposal for a directive
Article 74 – paragraph 1 b (new)
Article 74 – paragraph 1 b (new)
1b. 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.
Amendment 187 #
Proposal for a directive
Article 74 – paragraph 1 c (new)
Article 74 – paragraph 1 c (new)
1c. Contracting authorities that have awarded a public contract for the services referred to in this article shall make known the results of the procurement procedure by means of a contract award notice.
Amendment 188 #
Proposal for a directive
Article 74 – paragraph 1 d (new)
Article 74 – paragraph 1 d (new)
1d. The notices referred to in paragraph 4 shall contain the information referred to in Annexes VI Part I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.
Amendment 189 #
Proposal for a directive
Article 74 – paragraph 1 e (new)
Article 74 – paragraph 1 e (new)
1e. The notices referred to in paragraph 4 shall be published in accordance with Article 49.
Amendment 190 #
Proposal for a directive
Article 75
Article 75
Amendment 191 #
Proposal for a directive
Article 76
Article 76
Amendment 193 #
Proposal for a directive
Annex VI – part H
Annex VI – part H
Amendment 194 #
Proposal for a directive
Annex VIII – paragraph 1 – point 1 – introductory part
Annex VIII – paragraph 1 – point 1 – introductory part
(1) ‘'technical specification’' means one of the following:
Amendment 195 #
Proposal for a directive
Annex VIII – paragraph 1 – point 1 – point a
Annex VIII – 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, productproduct, service or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics may 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 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 197 #
Proposal for a directive
Annex VIII – paragraph 1 – point 1 – point b
Annex VIII – paragraph 1 – point 1 – point b