Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | ECON | LANGEN Werner ( PPE) | |
Former Responsible Committee | ECON | LANGEN Werner ( PPE) | |
Former Committee Opinion | TRAN | ||
Former Committee Opinion | ENER | ||
Former Committee Opinion | RELA | PORTO Manuel ( ELDR) | |
Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 057-p2, EC before Amsterdam E 066, EC before Amsterdam E 100A
Legal Basis:
EC before Amsterdam E 057-p2, EC before Amsterdam E 066, EC before Amsterdam E 100ASubjects
Events
The joint text on coordinating procurement procedures in the water, energy, transport and telecommunications sectors on which the EP/Council Conciliation Committee agreed on 6 November 1997 basically marked the successful conclusion of a long battle fought by the EP throughout the procedure. Although the conciliation eventually resulted in a quick agreement on technical dialogue and improving information to encourage access by SMEs to public contracts, this was because numerous problems had already been solved before this conciliation. The purpose of the Directive was to adapt the Community legislation to take account of the Government Procurement Agreement (GPA) reached within the WTO (World Trade Organisation). In 1996, the EP had rejected an initial Commission proposal because the amendments proposed went beyond the provisions laid down by the GPA. As the revised proposal took account of most of the EP’s concerns, it was accepted by Parliament, except for five points. On technical dialogue, the Conciliation Committee eventually accepted the solution proposed by the EP, namely that awarding bodies could request or accept outside opinions provided that this did not distort the competition conditions. Likewise, the Committee accepted the idea of supplying training and information materials to SMEs in order to encourage their participation in contracts. Finally, the provision of information on the award of contracts could be limited in cases where this might harm the commercial interests of the firm having won the contract. Moreover, a joint declaration specified that the firm having won the contract could ask for its information to be treated confidentially. Finally, the Directive specified that Member States should each year provide a statistical report on the contracts awarded so that they had the information needed to verify the proper application of the GPA. However, in a declaration, the Commission undertook to limit its requests to the strict minimum needed in order to meet the obligations arising from the GPA.
Commissioner Monti explained why he could not agree with Parliament’s position in all the cases where the amendments tabled diverged from the common position. This was because these amendments would either call into question the structure and logical basis of the Community arrangements or would be too mutually contradictory. For these reasons, he rejected Amendments Nos 3, 4 and 5 which violated the principle of equal treatment through which Community legislation avoided creating any forms of discrimination between Member States based on different administration models (whether or not public) in the same market sector. Furthermore, as regards the ‘technical dialogue’, the Commissioner also could not accept Amendments Nos 1 and 6 which tackled this issue in an inconsistent manner. He considered that the common position adopted an intermediate solution in between the irreconcilable texts of the two proposed amendments and specifically allowed a certain amount of consistency to be maintained between the texts of the four directives on the public contract sectors.
The rapporteur, Mr LANGEN (EPP, D), said that Parliament recognised the crucial importance of the agreement on public contracts. However, he thought that it was not an adequate approach to implement the agreement by way of an amendment of the existing Directives. The proposal failed to indicate with sufficient clarity the domains that were excluded from the scope of the agreement or the specific provisions applying to those contracts and sectors that could be classified as public. The rapporteur thought that in order to guarantee a sufficient level of precision in this area a new directive should be adopted that clearly incorporated the specific exceptions and regulations. He therefore proposed to reject the proposal for an amendment of the Directive and called on the Commission to present a new text. Commissioner MONTI stressed that the agreement on public tendering did not require any special legal arrangements for application in the Community. Moreover, the only amendments that had been introduced in order to provide for the consistent application of the agreement did not constitute a unilateral opening of public contracts to third-country companies. The Commissioner regretted that the negotiations with Parliament had not concluded by reaching a consensus on the proposals. However, the Commission intended to draft an amended proposal that would take Parliament’s concerns into account.
The Council reached a preliminary position on certain key questions relating to the amendment of Community Directives on public contracts in the light of the Agreement on Government Procurement (GPA) resulting from the Uruguay Round. The Council’s common position will be adopted after examination of any amendments proposed by the European Parliament. The GPA will apply in the Community as from 1 January 1996 without the need for any transposing act. In order to avoid the coexistence of differing Community and international rules, adoption by the Council of the Directives in question is a matter of urgency.
The ESC commented only on the proposed changes to the existing Directives, deliberately avoiding any analysis of the Directives themselves. It was aware that the Directives were shortly to be the subject of a four-year review and it would give its Opinion then in the light of lessons learned from the application of the Directives and on the basis of prior consultation. The reviews should take into due consideration the social aspects involved in the application of these Directives. The ESC wanted to take this opportunity to stress the importance to the functioning of the single market of the urgent transposition into national law in all Member States of the Public Procurement Directives.
Documents
- Final act published in Official Journal: Directive 1998/4
- Final act published in Official Journal: OJ L 101 01.04.1998, p. 0001
- Text adopted by Parliament, 3rd reading: OJ C 014 19.01.1998, p. 0018-0027
- Text adopted by Parliament, 3rd reading: T4-0603/1997
- Decision by Parliament, 3rd reading: T4-0603/1997
- Debate in Parliament: Debate in Parliament
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0398/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 014 19.01.1998, p. 0006
- Report tabled for plenary, 3rd reading: A4-0398/1997
- Joint text approved by Conciliation Committee co-chairs: 3628/1997
- Joint text approved by Conciliation Committee co-chairs: 3628/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1997)0290
- Text adopted by Parliament, 2nd reading: T4-0227/1997
- Text adopted by Parliament, 2nd reading: OJ C 167 02.06.2097, p. 0044-0053
- Decision by Parliament, 2nd reading: T4-0227/1997
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0159/1997
- Committee recommendation tabled for plenary, 2nd reading: OJ C 167 02.06.1997, p. 0003
- Committee recommendation tabled for plenary, 2nd reading: A4-0159/1997
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1997)0040
- Council position: 11543/2/1996
- Council position: OJ C 111 09.04.1997, p. 0065
- Council position published: 11543/2/1996
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 028 29.01.1997, p. 0004
- Modified legislative proposal: COM(1996)0598
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1996)0598
- Text adopted by Parliament, 1st reading/single reading: OJ C 347 18.11.1996, p. 0019-0025
- Text adopted by Parliament, 1st reading/single reading: T4-0505/1996
- Decision by Parliament, 1st reading: T4-0505/1996
- Text adopted by Parliament, partial vote at 1st reading/single reading: OJ C 261 09.09.1996, p. 0018-0033
- Text adopted by Parliament, partial vote at 1st reading/single reading: T4-0393/1996
- Decision by Parliament, 1st reading: T4-0393/1996
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A4-0022/1996
- Committee report tabled for plenary, 1st reading/single reading: OJ C 065 04.03.1996, p. 0003
- Committee report tabled for plenary, 1st reading: A4-0022/1996
- Debate in Council: 1886
- Economic and Social Committee: opinion, report: CES0796/1995
- Economic and Social Committee: opinion, report: OJ C 256 02.10.1995, p. 0004
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(1995)0107
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1995)0107
- Legislative proposal: EUR-Lex COM(1995)0107
- Economic and Social Committee: opinion, report: CES0796/1995 OJ C 256 02.10.1995, p. 0004
- Committee report tabled for plenary, 1st reading/single reading: A4-0022/1996 OJ C 065 04.03.1996, p. 0003
- Text adopted by Parliament, partial vote at 1st reading/single reading: OJ C 261 09.09.1996, p. 0018-0033 T4-0393/1996
- Text adopted by Parliament, 1st reading/single reading: OJ C 347 18.11.1996, p. 0019-0025 T4-0505/1996
- Modified legislative proposal: EUR-Lex OJ C 028 29.01.1997, p. 0004 COM(1996)0598
- Council position: 11543/2/1996 OJ C 111 09.04.1997, p. 0065
- Commission communication on Council's position: EUR-Lex SEC(1997)0040
- Committee recommendation tabled for plenary, 2nd reading: A4-0159/1997 OJ C 167 02.06.1997, p. 0003
- Text adopted by Parliament, 2nd reading: T4-0227/1997 OJ C 167 02.06.2097, p. 0044-0053
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1997)0290
- Joint text approved by Conciliation Committee co-chairs: 3628/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0398/1997 OJ C 014 19.01.1998, p. 0006
- Text adopted by Parliament, 3rd reading: OJ C 014 19.01.1998, p. 0018-0027 T4-0603/1997
History
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