Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | DELE | ZAPPALÀ Stefano (PPE-DE) | |
Opinion | ECON | JONCKHEER Pierre (V/ALE) | |
Opinion | EMPL | HUGHES Stephen (PSE) | |
Opinion | ENVI | SCHÖRLING Inger (V/ALE) | |
Opinion | ITRE | KUHNE Helmut (PSE) | |
Lead | JURI | ZAPPALÀ Stefano (PPE-DE) |
Legal Basis EC Treaty (after Amsterdam) EC 047-p2, EC Treaty (after Amsterdam) EC 055, EC Treaty (after Amsterdam) EC 095
Activites
-
2004/12/02
Final decision by Conciliation Committee
- 2004/04/30 Final act published in Official Journal
-
2004/03/31
Final act signed
-
2004/03/31
End of procedure in Parliament
-
2004/02/02
Decision by Council, 3rd reading
-
2004/01/29
Decision by Parliament, 3rd reading
-
T5-0046/2004
summary
The European Parliament voted to approve the joint text agreed by the Conciliation Committee. (Please see the summary of 02/12/03.)�
-
T5-0046/2004
summary
- 2004/01/28 Debate in Parliament
-
2003/12/09
Joint text approved by Conciliation Committee co-chairs
- 3695/2003
- 2003/12/02 Report tabled for plenary, 3rd reading
-
2003/10/14
Formal meeting of Conciliation Committee
- #2528
-
2003/09/29
Council Meeting
-
2003/07/02
Decision by Parliament, 2nd reading
-
T5-0313/2003
summary
The European Parliament adopted some of the amendments in the report by Stefano ZAPPALA (EPP-ED, Italy) but rejected the majority. Those amendments adopted include the following: - the coordination of procedures for the award of contracts should be based on the aim of "guaranteeing a high standard of reliable services of general interest at affordable prices"; - accessibility criteria for people with disabilities must be taken into account by the contracting authority; - the electronic auction procedure is not suited to the award of works contracts or contracts for intellectual-creative and other, more complex services; - the confidential nature of information furnished by economic operators must be respected; - there is clarification on the definition of "special or exclusive rights"; - the distinction between "other postal services" and "ancillary postal services" should be abolished; - a tender may be submitted by electronic means only if an advanced electronic signature within them meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used; - contracting entities operating a system for qualification must inform applicants within two months instead of a "reasonable period"; - among the list of matters, which the Commission should try to remedy with third countries, is added the non-compliance with third countries of international labour law provisions listed in an annex to the Directive.�
-
T5-0313/2003
summary
- 2003/06/30 Debate in Parliament
- 2003/06/17 Vote in committee, 2nd reading
-
2003/03/27
Committee referral announced in Parliament, 2nd reading
-
2003/03/20
Council position published
-
12634/3/2002
summary
The common position maintains the objective of the Commission's proposal, integrating a number of amendment which all contribute in a useful way to the further clarification of the objective. Some of those amendments have also been accepted by the Commission in its modified proposal. Like in the "classical" directive, certain new features have been introduced, such as electronic auctions and dynamic purchasing systems. The Council has sought to further underline the relationship between the two directive by including the postal services sector in the "utilities" directive and by adapting the provisions accordingly. The amendments introduced by the common position concern the following in particular: - greater account to be taken of the use of new information technologies in awarding contracts, in line with the objective of modernisation set out in the Commission's proposals. In this respect, it is worth drawing attention, in particular, to the introduction, for commonly used purchases, of dynamic purchasing systems intended both to provide the contracting entities with fully electronic systems which make it possible to simplify and automate the purchasing procedures and to ensure that any interested economic operator can take part, where appropriate by using an electronic catalogue. With the same objective in mind, provisions concerning the possibility of using electronic auctions under conditions that ensure transparency and equality of treatment have been added. Moreover, as regards the general framework for purchases using electronic means, the common position strengthens the obligations with regard to confidentiality in the text by referring to Annex XXIII; - with regard to taking account of environmental and social aspects, the Council accepted the Commission's amended proposals subsequent to Parliament's amendments and, in addition, clarified how environmental and social concerns can be taken into consideration when assessing the tenders at the contract award stage; - while preserving the flexibility needed in a Directive whose scope covers not only contracting authorities, but also public and private undertakings operating on the basis of special or exclusive rights, some of the provisions have been brought into line with those of the classic Directive, which helps to achieve the objective of simplifying and clarifying the rules. Unjustified differences between the rules on the same matter may cause difficulties in application and interpretation - not only for contracting authorities such as local authorities, where this Directive may apply to certain contracts while the classic Directive applies to others, but also for economic operators, who may have different rights even with regard to contracts for the same type of supplies with the same contracting authority. As a result, a number of Parliament amendments proposed or adopted for the classic Directive have been taken over in the same way in both Directives; - the discussions which took place after the amended proposal was adopted showed that certain contracting entities acted as or used central purchasing bodies and that there was a need for specific rules on the subject. Provisions have therefore been added to enable the contracting entities to use central purchasing bodies whether these operate in compliance with the provisions laid downin this Directive or with those of the classic Directive; - an additional implementation period for the provisions concerning the postal sector was added, as the current Utilities Directive does not apply to operators in that sector; - whatever their legal status. As a result, the contracting entities in this sector will need more time to adapt their contract award procedures to the rules of the Directive than those in other sectors, which are already familiar with the procedures provided for under the current Directive. Within this extension, which runs until 1 January 2009, it is up to the Member States to determine the exact date on which the Directive will be implemented for that sector. Note that postal operators, who are contracting authorities, will continue to be covered by the classic Directive until the switchover to the Utilities Directive. On the other hand, the common position has introduced changes concerning financial services, the scope of the "intra-group" exception1, and the weighting of the award criteria: - with regard to financial services, the common position specifies that in compliance with the Agreement on public procurement signed within the WTO, the financial services referred to in the Directive do not include contracts on the issue, purchase, sale and transfer of securities or other financial instruments "in particular, transactions by the contracting entities to raise money or capital; - the Council was able to achieve the unanimity required to extend to works and supply contracts the exception provided for in Article 23 for contracts awarded without a call for competition to affiliated undertakings, joint ventures or contracting entities forming part of a joint venture; - the obligation to indicate the weighting of the award criteria is confirmed. However, the Commission has agreed on the need to take account of cases in which the contracting entity can justify its having been unable to specify the weighting and, in such cases, to allow it simply to indicate the descending order of importance of such criteria. Several declarations were included in the minutes. They came from the Commission, the Council as well as from the German and Austrian delegations.�
-
12634/3/2002
summary
- #2451
-
2002/09/30
Council Meeting
- #2426
- 2002/05/21 Council Meeting
-
2002/05/06
Modified legislative proposal published
-
COM(2002)0235
summary
The Commission has accepted, either in their entirety or in part, and with reformulations where appropriate, 47 of the 83 amendments adopted by the European Parliament. With regard to the amendments accepted by the Commission in their entirety or reformulated for purely formal reasons, these concern: -introducing a new recital stating that nothing in this Directive shall prevent any contracting entity from imposing or enforcing measures necessary to protect public morality, public policy, public security or human, animal or plant life or health; -modifying a recital in order to specify that tenders based on solutions other than those envisaged by the contracting entity must be taken into account if they are equivalent, and that contracting entities must give reasons for any decision concluding that there is no equivalence; -modifying a recital which adds engineers' services to the examples of services whose remuneration is governed by national laws and which must not be affected; -removing the very detailed provisions concerning the arrangements for indicating the weighting given to each of the criteria applied in determining the most economically advantageous tender. The deletion of the three paragraphs is acceptable in order to simplify the arrangements for indicating weighting. As far as amendments accepted by the Commission with reformulation, in part or in substance are concerned, these : -introduce a new recital designed to emphasise the integration of environmental policy into public procurement policy. - introduces a new recital specifying that contracting entities may require particular conditions concerning the performance of contracts, especially concerning the promotion of social objectives, provided that these clauses are compatible with Community law. In order to ensure consistency between the two public procurement Directives, it is appropriate to extend this possibility to conditions relating to environmental protection; -modifies an Article in order to specify that conditions concerning performance of the contract may include conditions linked to the promotion of social policy objectives; it is also intended to further reinforce compliance with the principles of equal treatment, non-discrimination and transparency, where contracting entities require particular conditions concerning performance of contracts; -introduces a new recital specifying that contracting authorities may reject tenders which are abnormally low owing to non-compliance with social legislation. As this possibility already exists under existing law, if suffices to clarify it in an appropriate way; -provide that technical specifications may be formulated in terms of requirements with regard to the environmental impact of the product throughout its lifetime; - introduces a new definition, namely the "equivalent standard", at a place where, on the contrary, a tender ensuring an equivalent solution is what is meant. Even if the amendment is understood to be concerned with equivalent solutions, the inclusion of costs in the definition of equivalent solutions is not acceptable, as the price element must come into play at the stage where tenders are evaluated on the basis of the award criteria, and not in order to enable tenders based on other solutions to be excluded for non-compliance with the technical specifications of the contracting entity; -modifying Annex XX, alters the definition of technical specifications by adding the taking into account of environmental impact, user-instructions and production processes or methods; - providing that a contracting entity requires the production of a certificate relating to tan environmental management system, it must accept EMAS certificates, certificates attesting to compliance with international standards, as well as any their equivalent means of proof; -are designed to enable economic operators tendering as a group to bring their collective capacities to bear for selection purposes, as regards: suitability to pursue the professional activity concerned, economic and financial capacity and technical and/or professional capability. However, the length of any professional experience required may not be cumulated. Moreover, the amendment provides that there may be a requirement for minimum criteria to be met by the head of the group. - introduce a list of exclusion criteria concerning the selection of participants in open, restricted or negotiated procedures with a prior call for competition; - increasing transparency regarding the information to be provided to economic operators on obligations under social legislation. However, such information cannot be limited solely to obligations deriving from social legislation, as other (environmental or tax) legislation must also be taken into account. There is, however, a risk of this information becoming so extensive that it could not be included in the notice where the call for competition is made by means of a periodic indicative notice or a notice on the existence of a qualification system, which may not only relate to a large number of individual contracts, but may also be published so far in advance of the launch of a particular contract (sometimes one or two years) that the information is at risk of becoming obsolete. It is preferable, therefore, to limit the obligation to provide this information to contracts for which the call for competition is made by means of a contract notice. Where this is not the case, the necessary transparency will nevertheless be assured, as the contract documents relating to individual contracts must contain the particulars needed to enable economic operators to obtain relevant and up-to-date information. -provides moreover that the Directive is not applicable to postal services which can be supplied by other agencies on an unrestricted basis or are simply subject to a licensing procedure; -modifies Article 19 regarding the methods for estimating the value of service contracts ; -reintroduces an exclusion, existing in the current Directive, for purchases of energy or fuels for the production of energy made by contracting entities operating in the energy sector in the broad sense of the term; -specifies that the obligation on the part of the purchaser to preserve the confidentiality and integrity of the data submitted to it covers the entire operational cycle of the procedure: storage, processing and holding; -introduces a maximum period of two months within which economic operators whose application for qualification under a qualification system has been refused; -modifies Article 50, describing the procedure, so as to introduce an obligation to check tender's' or candidates' compliance with obligations under environmental, social and tax legislation; -impose in the case of open, restricted and negotiated procedures for which the prior call for competition is issued by way of a contract notice an obligation on the part of contracting entities to state in the contract notice the name and address of the body responsible for appeals in relation to the award of public contracts. On the other hand, the Commission cannot accept the amendments which aim to : -guarantee of "a high standard of reliable services of general interest at affordable prices". -justify the extension, to supply and works contracts, of the exemption provided for in Article 26 (affiliated undertakings), as amended. -change the concept of "framework agreement", which is part of established law, into that of "framework contract" - specifically designed to regulate framework contracts18 in the field of translation and interpretation. -make the awarding of prizes to participants in design contests compulsory and accordingly modifies the definition of "design contests" by limiting them exclusively to contests in which prizes are awarded -includes "purchasing groups" among public authorities in order to enhance legal certainty vis-α-vis such joint procurement bodies. -rejects the modifications to the definition of exclusive and special rights proposed by the Commission, and thus has the effect of reverting to existing law. -extends to supply and works contracts an exclusion which relates to service contracts only. -modifies the general exclusion mechanism provided for in Article 29 by reducing the substantive conditions for exclusion to the sole condition that access to the activity concerned is not restricted, and adds that access to an activity shall legally be deemed not to be restricted if Community legislation liberalising that activity has been transposed. -include, in particular, eco-labels and environmental management systems among the instruments which may be used as technical references for drawing up technical specifications. -ensure that contracting entities do not impose any "quantitative restrictions on the exercise, by the undertakings, of freedom of organisation of their own inputs"; oblige contracting entities to ask the tenderer to indicate in his tender the share of the contract he may intend to subcontract, and the names of the subcontractors; oblige contracting entities to prohibit any subcontracting to undertakings which are in the situation referred to in Article 46 of the classic Directive "and/or undertakings which do not meet the requirements laid down in Articles 47, 48 and 49"; prohibit the contracting out of "intellectual services, with the exception of translation and interpretation services and management and related services". -broaden the scope for awarding contracts for the purpose of research, experiment, study or development without a call for competition, -tenders submitted by electronic means are to be rejected unless an advanced electronic signature within the meaning of Directive 1999/93/EC and a reliable means of encrypting the contents are used. -imposes an obligation to involve an accredited third party in order to guarantee the confidentiality of data transmitted by tenderers. -specifies that contracting entities must inform economic operators of their decisions regarding applications for qualification within a maximum period of two months. -intended to extend the period for which the contracting entities must store information on the course of an award procedure from 4 to 6 years. -to introduce a system for appeals against the decisions made by the contracting entities and to provide for it to be open to workers and their representatives. -introduces a rule according to which the provisions which apply to a given sector overrule the rules for public contracts if there is a conflict; -as far as the award criterion of the most economically advantageous tender is concerned, to: remove the clarification that this means the most economically advantageous tender for the contracting entities; specify that environmental characteristics may include production methods"; add the criterion of "equal treatment policy. �
- DG [{'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}],
-
COM(2002)0235
summary
- #2412
- 2002/03/01 Council Meeting
-
2002/01/17
Decision by Parliament, 1st reading/single reading
-
T5-0011/2002
summary
The European Parliament adopted the report by Mr Stefano ZAPPALA (EPP-ED, I) by 392 to 64 with 16 abstentions. (Please refer to the decision of the committee responsible 16/10/01).�
-
T5-0011/2002
summary
- #2389
- 2001/11/26 Council Meeting
- 2001/10/16 Vote in committee, 1st reading/single reading
- #2371
- 2001/09/27 Council Meeting
- #2351
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2001/05/30
Council Meeting
-
2351
summary
The Council took note of a progress report on this dossier. It welcomed the progress which had been achieved so far and confirmed its intention to continue to give high priority to this file with a view to reaching an agreement within the timeframe set by the European Council. During its discussions so far, the Council has focused more on the proposal on the co-ordination of procedures for the award of public supply contracts, public service contracts and public works contracts (see COD/2000/0115) but the results of those discussions have helped to achieve progress with the proposal for a Utilities Directive. The discussions during the Swedish Presidency have touched upon most questions, but particular attention has been paid to the rules on electronic procurement and the so-called competitive dialogue that would be used in connection with particularly complex contracts.�
-
2351
summary
- #X014
-
2001/03/12
Council Meeting
- #X013
- 2000/11/30 Council Meeting
-
2000/09/04
Committee referral announced in Parliament, 1st reading/single reading
-
2000/05/10
Legislative proposal published
-
COM(2000)0276
summary
PURPOSE: to amend the Directive coordinating the procurement procedures of entities operating in the water, energy and transport sectors. CONTENT: In 1998, the Commission published a Communication entitled 'Public Procurement in the European Union'. The main theme to emerge from the Green Paper debate is the need to simplify the legal framework and adapt it to the new electronic age while maintaining the stability of its basic structure. The Commission recognised the need to simplify the existing legal framework by clarifying provisions which were obscure or complex and by amending legislation where the problems to be addressed could not be solved through interpretation of its provisions. This is prompted by the same concern about clarification expressed by the Commission in its Communication on Concessions in Community law, which does not prejuge any specific legislative proposal on concessions. Moreover, specifically regarding Directive 93/38/EEC, the Commission also undertook to reexamine the scope in order to verify whether it was still appropriate in the light of the gradual liberalisation in those sectors. Against this background, this proposal for a Directive meets these objectives. The amendments to the proposed Directive are organised as follows: 1) Simplification of the Directive : As regards restructuring and clarifying the Directive without changing its substance, the proposed amendments do not include any fundamental changes compared with Directive 93/38/EEC, as last amended by Article 12 of Directive 94/22/EC and Directive 98/4/EEC. In general, the provisions of the Directive have been set out in a clearer way so as to increase comprehension. As regards simplification and clarification of the Directive involving some changes in its substance, these changes refer to the giving of information about the outcome of an award procedure to all contracting entities, the selection of participants in a restricted or negotiated procedure and finally, the obligation to refer to European standards concerning quality assurance or certification and to recognise other menas of proof, has been extended. 2) Amendments to the legal framework : The Commission has identified six areas for proposing amendments to Directive 93/38/EEC as follows: - the scope of Directive 93/38/EEC on contracts concluded in the water, energy, transport and telecommunications sectors, which has to be reviewed in the light of the gradual liberalisation of those sectors; - the introduction of electronic purchasing mechanisms and the consequences of these in terms of reducing the length of an award procedure; - clarification of provisions relating to technical specifications; this will encourage effective competition through the participation of the greatest possible number of tenderers and, in particular, innovative businesses; - a strenghtening of the provisions relating to award criteria; - a simplification of thresholds; the previously large number of thresholds - differing slightly among themselves - has been reduced; - the introduction of a common procurement vocabulary. Finally, the scope of Directive 93/38/EEC on public procurement in the water, energy, transport and telecommunications sectors has been changed.�
- DG [{'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}],
-
COM(2000)0276
summary
Documents
- Legislative proposal published: COM(2000)0276
- Debate in Council: X013
- Debate in Council: 2351
- Debate in Council: 2371
- Committee report tabled for plenary, 1st reading/single reading: A5-0379/2001
- Debate in Council: 2389
- Decision by Parliament, 1st reading/single reading: T5-0011/2002
- Debate in Council: 2412
- Modified legislative proposal published: COM(2002)0235
- Debate in Council: 2426
- Council position published: 12634/3/2002
- Committee recommendation tabled for plenary, 2nd reading: A5-0245/2003
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T5-0313/2003
- Report tabled for plenary, 3rd reading: A5-0008/2004
- Joint text approved by Conciliation Committee co-chairs: 3695/2003
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 3rd reading: T5-0046/2004
- : Directive 2004/17
- : OJ L 134 30.04.2004, p. 0001-0113
History
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