BETA

18 Amendments of Oreste ROSSI related to 2011/0438(COD)

Proposal for a directive
Recital 34

(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations, ~~including rules on~~or those relating to workers' rights, including rules on working conditions, accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.

2012/06/14
Committee: ENVI

Proposal for a directive
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~~working conditions 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~~conditions of staff members. 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.

2012/06/14
Committee: ENVI

Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a

(a) they are established for or have the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, a~~ims to make a profit, and bears the losses resulting from the exercise of its activity~~nd undertakes economic activity by supplying goods and services to the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;

2012/06/14
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) EUR ~~5 0~~7 500 000 for public works contracts;

2012/06/14
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) EUR 13095 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;

2012/06/14
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) EUR 2300 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.

2012/06/14
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – point d

(d) EUR 7500 000 for public contracts for social and other specific services listed in Annex XVI.

2012/06/14
Committee: ENVI

Proposal for a directive
Article 5 – paragraph 9

9. Contracting authorities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8120 000 for supplies or services or EUR 1 ~~million~~500 000 for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 230 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.

2012/06/14
Committee: ENVI

Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3

~~The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.~~deleted

2012/06/14
Committee: ENVI

Proposal for a directive
Article 31 – paragraph 2

2. Contracts based on a framework agreement shall be awarded in accordance with the procedures laid down in this paragraph and paragraphs 3 and 4. Those procedures may be applied only between those contracting authorities clearly identified for this purpose in the call for competition or the invitation to confirm interest and those economic operators originally party to the framework agreement. Contracts based on a framework agreement may under no circumstances make substantial modifications to the terms laid down in that framework agreement, in particular in the case referred to in paragraph 3. Contracting authorities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition.deleted

2012/06/14
Committee: ENVI

Proposal for a directive
Article 31 – paragraph 3

3. Where a framework agreement is concluded with a single economic operator, contracts based on that agreement shall be awarded within the limits of the terms laid down in the framework agreement. For the award of those contracts, contracting authorities may consult the operator party to the framework agreement in writing, requesting it to supplement its tender as necessary.deleted

2012/06/14
Committee: ENVI

Proposal for a directive
Article 31 – paragraph 4

4. Where a framework agreement is concluded with more than one economic operator, it may be performed in one of the two following ways: (a) following the terms and conditions of the framework agreement, without reopening competition, where it sets out all the terms governing the provision of the works, services and supplies concerned and the objective conditions for determining which of the economic operators, party to the framework agreement, shall perform them; the latter conditions shall be indicated in the procurement documents; (b) where not all the terms governing the provision of the works, services and supplies are laid down in the framework agreement, through reopening competition amongst the economic operators parties to the framework agreement.deleted

2012/06/14
Committee: ENVI

Proposal for a directive
Article 31 – paragraph 5

5. The competition referred to in paragraph (4)(b) shall be based on the same terms as applied for the award of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting authorities shall consult in writing the economic operators capable of performing the contract; (b) contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject- matter of the contract and the time needed to send in tenders; (c) tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has expired; (d) contracting authorities shall award each contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the specifications of the framework agreement.deleted

2012/06/14
Committee: ENVI

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5

Where mandatory accessibility standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.

2012/06/14
Committee: ENVI

Proposal for a directive
Article 66 – paragraph 2 – point a

(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental and social characteristics, and innovative character;

2012/06/14
Committee: ENVI

Proposal for a directive
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.

2012/06/14
Committee: ENVI

Proposal for a directive
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, 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, in addition to working conditions, 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;

2012/06/14
Committee: ENVI

Proposal for a directive
Annex XVI – row 8 a (new)

CPV Code Description From 79100000-5 to 79140000-7 Legal services Or. it .

2012/06/14
Committee: ENVI