Activities of Francesco Enrico SPERONI 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
Legal basis opinions (0)
Amendments (34)
Amendment 68 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 a (new)
Article 55 – paragraph 1 – subparagraph 1 a (new)
Should the managing director, and/or chairman, and/or legal representative, and/or chief executive officer, and/or one or more members of the board of directors of an economic operator possess consanguinity up to the fourth degree with managers, elected members and/or participants of whatever kind in the drafting and decision-making process of the contract within the context of the contracting authority, said operator shall be excluded from participation in the contract.
Amendment 111 #
Proposal for a directive
Article 73 a (new)
Article 73 a (new)
Article 73a. Appeals and execution of the work Any appeal or complaint made to judicial and/or administrative protection entities against the decision made by the public contracting authority and/or against any legal aspect concerning the contract drafting and award process shall not interrupt the execution procedure thereof. In the event that the claimant’s arguments are upheld definitively, the contracting authority shall pay to the original winner of the contract only the costs incurred for the execution thereof and to the administrative claimant only the earnings lost from the inability to carry out the work. Nothing shall be owed to operators whose dishonest behaviour contributes to the contract awarding decision.
Amendment 117 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1 a (new)
Article 76 – paragraph 2 – subparagraph 1 a (new)
Member States shall ensure that the contracting authorities are fully solvent in their dealings with the economic operators and shall ensure that the said authorities put in place beforehand a suitable instrument for securing the credit of the operator.
Amendment 249 #
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular social and environmental labels, such as the European Eco-label, (multi-) national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 258 #
Proposal for a directive
Recital 34
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, labour or social obligations, 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.
Amendment 288 #
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 orconcern working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable for workers. These provisions include those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); occupational safety and health; working time; wages and social security. Those characteristics may also concern 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 environmentworking conditions. 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.
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
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, aims to make a profit, and bears the losses resulting from the exercise of its activitynd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 384 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) EUR 5 07 500 000 for public works contracts;
Amendment 387 #
Proposal for a directive
Article 4 – paragraph 1 – point b
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;
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 1 – point c
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.
Amendment 403 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 7500 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 408 #
Proposal for a directive
Article 5 – paragraph 9
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 million500 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.
Amendment 417 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Specific exclusions in the field of postal services This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. For the purposes of this Article: "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (a), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 823 #
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 828 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 832 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 833 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 835 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 909 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5
Article 40 – paragraph 1 – subparagraph 5
Where mandatory accessibility, environmental or social 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.
Amendment 947 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trades unions, distributors and environmental organisations, may participate,
Amendment 1035 #
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 or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security.
Amendment 1053 #
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 or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1114 #
Proposal for a directive
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Where contracting authorities require the production of certificates or corresponding evidence drawn up by independent bodies attesting that the economic operator complies with certain management schemes or standards concerning working conditions along the supply chain related to the International Labour Organization (ILO) Conventions listed in Annex XI, the contracting authorities shall refer to participation in multi-stakeholder initiatives in which businesses, trades unions and/or relevant nongovernmental organizations are represented. The multi-stakeholder initiatives shall have a system of independent verification of members to ensure compliance with the provisions of Annex XI.
Amendment 1170 #
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
Amendment 1284 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, 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 provision, with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection; atever the most favourable of workers. These provisions include: (i) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (ii) occupational safety and health (iii) working time (iv) wages (v) social security
Amendment 1290 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorentities 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 or environmental law or by the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages; (e) social security.
Amendment 1369 #
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 1438 #
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that those authorities provide in advance for an appropriate means of securing an operator’s credit.
Amendment 1563 #
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 and 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;
Amendment 1565 #
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, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods and working conditions at any stage of the life cycle of the supply or service and conformity assessment procedures;
Amendment 1569 #
Proposal for a directive
Annex 11 – indent 8 a (new)
Annex 11 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
Amendment 1570 #
Proposal for a directive
Annex 11 – indent 8 b (new)
Annex 11 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
Amendment 1571 #
Proposal for a directive
Annex 11 – indent 8 c (new)
Annex 11 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
Amendment 1572 #
Proposal for a directive
Annex 11 – indent 8 d (new)
Annex 11 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)