BETA

Activities of Francesco Enrico SPERONI related to 2011/0439(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
2016/11/22
Committee: JURI
Dossiers: 2011/0439(COD)
Documents: PDF(244 KB) DOC(526 KB)

Legal basis opinions (0)

Amendments (29)

Amendment 145 #
Proposal for a directive
Recital 10 a (new)
(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the EU procurement rules is no longer needed.
2012/09/03
Committee: IMCO
Amendment 187 #
Proposal for a directive
Recital 36
(36) Contracting entities 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 those 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.
2012/09/03
Committee: IMCO
Amendment 191 #
Proposal for a directive
Recital 40
(40) 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. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities 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.
2012/09/03
Committee: IMCO
Amendment 208 #
Proposal for a directive
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities 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 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 conly concern the protection of health of the staff involved in the production process orcern the 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 XIV, 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 services32 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.
2012/09/03
Committee: IMCO
Amendment 212 #
Proposal for a directive
Recital 50
(50) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the notice used to make the call for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long- term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental Interthe working conditions along the supply chain as stated in national Llabour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons thalaws and regulations in which production processes take place and in international conventions as listed in Annex XIV, 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 are required under national legislationspect of employment and occupation, child labour); occupational safety and health; working time; wages and social security.
2012/09/03
Committee: IMCO
Amendment 251 #
Proposal for a directive
Article 2 – point 4 – point a
(a) It is established for or has 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;
2012/09/03
Committee: IMCO
Amendment 289 #
Proposal for a directive
Article 10
Article 10 Postal services 1. This Directive shall apply to activities relating to the provision of: (a) postal services; (b) other services than postal services, on condition that such services are provided by an entity which also provides postal services within the meaning of point (b) of paragraph 2 and provided that the conditions set out in Article 27(1) are not satisfied in respect of the services falling within point (b) of paragraph 2. 2. For the purpose of this Directive and without prejudice to Directive 97/67/EC: (a) "postal item": means an item addressed in the final form in which it is to be carried, irrespective of weight. In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight; (b) "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; (c) "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 referred to in letter (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).deleted
2012/09/03
Committee: IMCO
Amendment 292 #
Proposal for a directive
Article 12 – point a
(a) EUR 4600 000 for supply and service contracts as well as for design contests;
2012/09/03
Committee: IMCO
Amendment 293 #
Proposal for a directive
Article 12 – point b
(b) EUR 5 07 500 000 for works contracts;
2012/09/03
Committee: IMCO
Amendment 296 #
Proposal for a directive
Article 12 – point c
(c) EUR 1 0500 000 for contracts for social and other specific services listed in Annex XVII.
2012/09/03
Committee: IMCO
Amendment 299 #
Proposal for a directive
Article 13 – paragraph 9
9. Contracting entities 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.
2012/09/03
Committee: IMCO
Amendment 529 #
Proposal for a directive
Article 44 – paragraph 1 – point f a (new)
(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
2012/09/03
Committee: IMCO
Amendment 536 #
Proposal for a directive
Article 45 – 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
2012/09/03
Committee: IMCO
Amendment 542 #
Proposal for a directive
Article 45 – 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 entities clearly identified for this purpose in the call for competition, in the invitation to confirm interest or, where a notice on the existence of a qualification system is used as a means of calling for competition, in the invitation to tender 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 entities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition.deleted
2012/09/03
Committee: IMCO
Amendment 546 #
Proposal for a directive
Article 45 – 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 entities may consult the operator party to the framework agreement in writing, requesting it to supplement its tender as necessary.deleted
2012/09/03
Committee: IMCO
Amendment 549 #
Proposal for a directive
Article 45 – 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
2012/09/03
Committee: IMCO
Amendment 552 #
Proposal for a directive
Article 45 – 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 entities shall consult in writing the economic operators capable of performing the contract; (b) contracting entities 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 entities 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
2012/09/03
Committee: IMCO
Amendment 597 #
Proposal for a directive
Article 54 – 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.
2012/09/03
Committee: IMCO
Amendment 620 #
Proposal for a directive
Article 55 – 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, trade unions, distributors and environmental organisations may participate,
2012/09/03
Committee: IMCO
Amendment 681 #
Proposal for a directive
Article 70 – paragraph 5
5. Contracting entities 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 XIV.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 XIV, whatever the most favourable of workers. These obligations 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
2012/09/03
Committee: IMCO
Amendment 730 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
2012/09/03
Committee: IMCO
Amendment 798 #
Proposal for a directive
Article 79 – 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 XIV 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
2012/09/03
Committee: IMCO
Amendment 803 #
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Contracting entities 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 XIV.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 XIV, 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
2012/09/03
Committee: IMCO
Amendment 871 #
Proposal for a directive
Article 82 – 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 12 and where it is below 515 % 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.
2012/09/03
Committee: IMCO
Amendment 911 #
Proposal for a directive
Article 86 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that these authorities establish in advance a suitable guarantee instrument to secure the operator’s credit.
2012/09/03
Committee: IMCO
Amendment 994 #
Proposal for a directive
Annex 14 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
2012/09/03
Committee: IMCO
Amendment 995 #
Proposal for a directive
Annex 14 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
2012/09/03
Committee: IMCO
Amendment 996 #
Proposal for a directive
Annex 14 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
2012/09/03
Committee: IMCO
Amendment 997 #
Proposal for a directive
Annex 14 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)
2012/09/03
Committee: IMCO