12 Amendments of Frédéric DAERDEN related to 2012/0060(COD)
Amendment 13 #
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, or paramount EU economic interests are at stake, for instance in the field of industry. In the case of massive violations in the field of trade unions rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, the Commission shall equally consider a restriction of market access for the concerned goods and/or services;.
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 15 #
Proposal for a regulation
Recital 16
Recital 16
(16) When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators, or jeopardizes the EU economic interests for instance in the field of industry.
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 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 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 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 26 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
Article 6 – paragraph 4 – subparagraph 1 – point b
(b) where an agreement referred to in point (a) does not exist and 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, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.
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 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 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.