2009/2175(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. Points out that although local and regional authorities are amongst Europe’s largest purchasers and therefore play an essential role in implementing public procurement rules, the~~re is a general lack of legal expertise~~ complexity of the rules on competition law and procurement law means that there is often a lack of expertise in the legal framework and its implementation, appropriate training and guidelines on procurement within sub- national authorities;

Amendment 10 #

Oldřich VLASÁK, Heide RÜHLE, Sabine VERHEYEN, Peter SIMON

Draft opinion
Paragraph 3a (new)

3a. Calls on the Commission to examine the possibility of using, even beyond 2010, accelerated versions of procedures in connection with structural funds and an extension of the temporary increase in thresholds, with the specific aim of increasing investment;

Amendment 11 #

Draft opinion
Paragraph 4

4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to ~~and establish clear rules for~~ PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a c~~lear~~oherent framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;

Amendment 12 #

Jan OLBRYCHT

Draft opinion
Paragraph 4

4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have, as a result of very complex procurement procedures, led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clear framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;

Amendment 13 #

Draft opinion
Paragraph 4

4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to ~~and establish clear rules for~~ PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clear framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;

Amendment 14 #

Oldřich VLASÁK, Heide RÜHLE, Sabine VERHEYEN, Peter SIMON

Draft opinion
Paragraph 4

4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clear framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;(English version not affected)

Amendment 15 #

Draft opinion
Paragraph 5

5. Recognises the right of local and regional authorities to decide democratically on the best means of delivering public services, including decisions to use companies they own or control without any private partner being involved; believes that even without compulsory tendering inter-communal or other forms of public-public cooperation for service delivery should be accepted as a legitimate way of delivering ~~in-house~~ services and that sub-national actors should be able to assign tasks relating to public service provision to companies they own or control, provided that those companies do not compete on external markets; proposes that the Commission should assess whether there is any remaining legal uncertainty regarding the concepts of ‘public authority’ and ‘in- house services’ in the light of various judgments1 of the Court of Justice and, if necessary, take steps to clarify them so that the principle of subsidiarity is observed;.

Amendment 16 #

Iosif MATULA

Draft opinion
Paragraph 5

5. Recognises the right of local and regional authorities to decide democratically on the best means of delivering public services, including decisions to use companies they own or control, with resort to state intervention only in cases of the general public interest; believes that even without compulsory tendering inter-communal cooperation for service delivery should be accepted as a legitimate way of delivering in-house services and that sub-national actors should be able to assign tasks relating to service provision to companies they own or control, provided that those companies do not compete on external markets; proposes that the Commission should assess whether there is any remaining legal uncertainty regarding the concepts of ‘public authority’ and ‘in- house services’ in the light of various judgments1 of the Court of Justice and, if necessary, take steps to clarify them so that the principle of subsidiarity is observed;

Amendment 17 #

Franz OBERMAYR

Draft opinion
Paragraph 5

5. Recognises the right of local and regional authorities to decide democratically on the best means of delivering public services, including decisions to use companies they own or control; believes that even without compulsory tendering inter-communal cooperation for service delivery should be accepted as a legitimate way of delivering in-house services and that sub-national actors should be able to assign tasks relating to service provision to companies they own or control, provided that those companies do not compete on external markets; proposes that the Commission should assess whether there is any remaining legal uncertainty regarding the concepts of ‘public authority’ and ‘in- house services’ in the light of various judgments of the Court of Justice and, if necessary, take steps to clarify them so that the principle of subsidiarity is observed; calls for the ‘in- house’ concept to be defined, particularly with respect to local public transport;

Amendment 18 #

Draft opinion
Paragraph 5a (new)

5a. Points out that the Commission’s initiatives concerning public procurement need to be better coordinated in order to avoid jeopardising coherence with European directives on public procurement and causing legal problems for operators; calls in this regard for better coordination within the European Commission, including a single website with clear structures to promote legislative transparency in this field;

Amendment 19 #

Draft opinion
Paragraph 5a (new)

5a. Underlines the need to encourage SMEs to participate in the field of public procurement carried out by local and regional authorities, in accordance with the EU’s general objectives in support of SMEs. Increased involvement of SMEs can be assured through the proper provision of information, consultancy and training courses, practical assistance and a proper regulatory environment;

Amendment 2 #

Draft opinion
Paragraph 1

1. Points out that although local and regional authorities are amongst Europe's largest purchasers and therefore play an essential role in implementing public procurement rules, there is a general lack of legal expertise, appropriate training and guidelines on procurement within sub- national authorities; calls on the Member States to set up training courses on public procurement rules (including specific aspects, such as social, environmental, diversity and equality criteria) and to encourage the use of ICTs to improve the understanding of those rules and the administrative capabilities of local and regional authorities; in this context, raises the possibility of establishing public procurement groupings at regional level based on the cooperation of local and regional authorities, which would significantly improve the efficiency and effectiveness of public procurement through contacts and mutual exchanges of experience and information;

Amendment 20 #

Amendment 21 #

Oldřich VLASÁK, Heide RÜHLE, Sabine VERHEYEN, Peter SIMON

Draft opinion
Paragraph 6

6. Calls on the Commission to ~~clarify the corresponding public procurement rules and revise the legal framework in order not to jeopardise the powers and right of local authorities to decide how they want to develop their~~draw up, in close cooperation with the European Parliament, the Council and regional and local government, the corresponding public procurement rules with sufficient clarity to enable contracting authorities clearly to identify which public works contracts and concessions are subject to award and thus distinguish between these and urban development projects for which ther~~ritory~~e is no obligation to award contracts.

Amendment 22 #

Draft opinion
Paragraph 6

6. E~~mphasises the difficulty in distinguishing public works contracts from public authorities’ town planning activities and e~~ndorses the concerns voiced by many local authorities in response to the interpretation of the rulings1 of the Court of Justice in the field of urban development; firmly believes that the operationally and legally strict application of public procurement rules might hinder urban development; calls on the Commission to clarify the corresponding public procurement rules ~~and revise the legal framework in order not to~~so that land agreements can be facilitated between the public and private sector without the unnecessary requirement of having to award a tender and without jeopardiseing the powers and right of local authorities to decide how they want to develop their territory; awaits with great interest the decision of the Court of Justice in Case C-451/08; endorses the view of the Advocate-General of the Court of Justice delivered on 17 November 2009 in Case C-451/08: 'These broad and ambitious aims must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely.' (paragraph 35); otherwise there is the risk 'that all town planning activities are subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question'.

Amendment 3 #

Draft opinion
Paragraph 1

1. Points out that although local and regional authorities are amongst Europe's largest purchasers and therefore play an essential role in implementing public procurement rules, there is a general lack of legal expertise, appropriate training and guidelines on procurement within sub- national authorities; calls on the Member States to set up training courses on public procurement rules (including specific aspects, such as social, environmental, diversity and equality criteria) and to encourage the use of ICTs to improve the understanding of those rules and the administrative capabilities of local and regional authorities; furthermore, recalls that efforts to uncover and reduce corruption at regional and local authority level must continue through the introduction of training, the provision of information and publicity;

Amendment 4 #

Jan OLBRYCHT

Draft opinion
Paragraph 2

2. Stresses that the Court of Auditors regularly indicateds in its annual reports on the implementation of the EU budget, as well as in the latest Annual Report on the financial year 2008, that failure to comply with EU procurement rules is one of the two most common ~~reasons for refusing EU financing from~~causes of errors and irregularities in the implementation of European projects co-financed by the Structural Funds and the Social Fund; highlights, in this context, that irregularities are often caused by improper transposition ~~and the more stringent~~of EU rules and differences in the rules applied by Member States; calls on the Commission and the Member States to revise, in cooperation with regional and local authorities, the various sets of rules applicable to public procurement ~~for the various actions and programmes implemented under the Structural Funds~~ in order to unify those rules and simplify the whole legal framework for public procurement, in particular with a view to reducing the risk of errors and increasing efficiency in the use of Structural Funds;

Amendment 5 #

Oldřich VLASÁK, Heide RÜHLE, Sabine VERHEYEN, Peter SIMON

Draft opinion
Paragraph 2

2. Stresses that the Court of Auditors indicated in its Annual Report on the financial year 2008 that failure to comply with EU procurement rules is one of the two most common reasons for refusing EU financing from the Structural Funds; highlights, in this context, that irregularities are often caused by improper transposition and the more stringent rules applied by Member States; in this regard, also recommends that during negotiations for EU enlargement, candidate countries guarantee the compatibility of their public procurement laws with EU legislation; calls on the Commission and the Member States to revise, in cooperation with regional and local authorities, the various sets of rules applicable to public procurement for the various actions and programmes implemented under the Structural Funds in order to unify those rules and simplify the whole legal framework for public procurement, with a view to reducing the risk of errors and increasing efficiency in the use of Structural Funds;

Amendment 6 #

Draft opinion
Paragraph 3

3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, ~~not l~~and the threast ~~because the~~of legal action in the form of lengthy appeal procedures ~~are~~that are often obstructed by various actors, and hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to ~~support~~make use of the procedure and assist local authorities in using these ~~new~~ procedures, in each case in compliance with the standard public procurement rules and regulations;

Amendment 7 #

Jan OLBRYCHT

Draft opinion
Paragraph 3

3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, ~~not least because~~in particular the lengthy appeal procedures ~~are obstructed by various actors~~, and hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to support and assist local authorities in using these new procedures, in each case in compliance with the standard public procurement rules and regulations;

Amendment 8 #

Iosif MATULA

Draft opinion
Paragraph 3

3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, not least because the lengthy appeal procedures are obstructed by various actors, and hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to support and assist local a~~uthorities in~~nd regional authorities in implementing and using these new procedures, in each case in compliance with the standard public procurement rules and regulations;

Amendment 9 #

Franz OBERMAYR

Draft opinion
Paragraph 3

3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, not least because the lengthy appeal procedures are obstructed by various actors, and for this reason, calls for e-procurement and the standardisation of forms to be stepped up; hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to support and assist local authorities in using these new procedures, in each case in compliance with the standard public procurement rules and regulations;

source: PE-438.443

2010/02/03 INTA 27 amendments...

Amendment 1 #

Draft opinion
Point 1

1. Points out that the Internal Market and international markets are increasingly interlinked; considers, in this context, that legislators in the EU Internal Market and EU negotiators in the field of international trade should always be seeking to promote EU values, such as transparency, a principled stance against corruption and the advancement of social and human rights, in procurement policies and be mindful of the possible mutual consequences when conducting their activities;

Amendment 10 #

Małgorzata HANDZLIK

Draft opinion
Point 3

3. Takes the view that the EU public procurement market remains the most open public procurement market at global level; considers that the general principle of an open European Union public procurement market should be maintained, taking into account, however, the interests of Union enterprises in the European Union internal market and third country markets;

Amendment 11 #

Draft opinion
Point 3

3. Takes the view that the EU public procurement market remains the most open public procurement market at global level; asks the Commission to provide it with a comprehensive statistical overview of third-country providers' share of the procurement markets for goods and services of the 27 EU Member States and the total amounts involved;

Amendment 12 #

Draft opinion
Point 3 a (new)

3a. Urges the 22 observer states on the GPA committee to speed up the process of acceding to the GPA; specifically urges Least Developed Countries (LDCs) to reconsider opening special negotiations to join the GPA;

Amendment 13 #

Draft opinion
Point 4

4. ~~Regret~~Notes that our international partners have ~~not yet~~ opened up their internal public procurement markets to EU companies in ~~the same~~a different way to that in which the EU internal market ~~is open~~has been opened up to third-country enterprises; ~~deeply deplores the fact that our major trading partners employ public procurement practices which discriminate against EU suppliers tendering for public contract~~welcomes the specific provisions adopted in some GPA partner countries concerning discrimination in favour of their small and medium-sized enterprises (SMEs) and asks the Commission to propose a similar SME rule in European legislation; welcomes the Commission's focus on Fair Trade goods in public procurement and calls ion th~~ird countrie~~e Commission to propose specific Fair Trade provisions in the GPA negotiations;

Amendment 14 #

Draft opinion
Point 4

4. ~~Regret~~Notes that our international partners have not ~~yet~~ opened up their internal public procurement markets to EU companies in the same way that the EU internal market is open to third-country enterprises; ~~deeply deplores the fact that our major trading partners employ public procurement practices which discriminate against EU suppliers tendering for public contracts in third countries;~~

Amendment 15 #

Draft opinion
Point 4

4. Regrets that our international partners have not yet opened up their internal public procurement markets to EU companies in the same way that the EU internal market is open to third-country enterprises; deeply deplores the fact that our major trading partners employ public procurement practices which discriminate against EU suppliers tendering for public contracts in third countries; deplores the fact that some key trading partners (including GPA members) take protectionist measures in the area of public procurement;

Amendment 16 #

Draft opinion
Point 4 a (new)

4a. Calls on the Commission to stop insisting that trade partners include procurement chapters in ongoing FTA and EPA negotiations if those partners do not wish to do so;

Amendment 17 #

Draft opinion
Point 4 a (new)

4a. Urges the Commission to do more to secure a greater role for European SMEs in international public procurement and to intensify efforts to prevent discrimination against European SMEs by matching the specific provisions that some GPA members (such as Canada and the US) have; notes that measures to improve both transparency and access to national procurement markets would help SMEs to access such markets;

Amendment 18 #

Draft opinion
Point 4 b (new)

4b. Calls on the Commission to stop insisting, in ongoing FTA and EPA negotiations, that trade partners agree not to include SME-related provisions in or withdraw them from their respective procurement policies;

Amendment 19 #

Draft opinion
Point 5

5. Firmly believes in the principle of reciprocity in the field of public procurement; calls on the Commission to consider imposing targeted restrictions on access to parts of the EU's procurement markets for those trading partners which benefit from the openness of EU market and which have not shown the intention of opening their markets for EU companies in order to encourage our partners to offer reciprocal market opening for European companies;

Amendment 2 #

Draft opinion
Point 1

1. Points out that the Internal Market and international markets are increasingly interlinked; considers, in this context, that a coherent policy must be followed by legislators in the EU Internal Market and by EU negotiators in the field of international trade ~~should always be mindful of the possible mutual consequences when conducting their activities~~;

Amendment 20 #

Robert STURDY

Draft opinion
Point 5

5. FWhile arguing strongly against protectionist measures in the field of public procurement at global level, firmly believes in the principle of reciprocity and proportionality in theat field ~~of public procurement~~; calls on the Commission to consider imposing proportional targeted restrictions on access to parts of the EU's procurement markets for those trading partners which benefit from the openness of the EU market, but have not shown the intention of opening up their own markets to EU companies, in order to encourage our partners to offer reciprocal and proportional market access arrangements for European companies.

Amendment 21 #

Tokia SAÏFI, Georgios PAPASTAMKOS

Draft opinion
Point 5

5. ~~Firmly b~~Believes in the principle of reciprocity in the field of public procurement for developed countries; calls on the Commission to consider ~~imposing targeted~~ restrictions on access to parts of the EU's procurement markets for those developed trading partners which benefit from the openness of the EU market, but have not shown the intention of opening up their own markets to EU companies, in order to encourage our partners to offer reciprocal market access arrangements for European companies.

Amendment 22 #

Małgorzata HANDZLIK

Draft opinion
Point 5a (new)

5a. Draws attention to the provisions of Articles 58 and 59 of Directive 2004/17/EC; calls on the Member States to make full use of the possibility of informing the Commission of problems concerning access by their undertakings to third country markets and calls on the Commission to take effective measures to ensure that Union undertakings enjoy genuine access to third country markets;

Amendment 23 #

Draft opinion
Point 5b (new)

5b. Calls on the Commission to secure the inclusion in the renegotiated WTO Government Procurement Agreement (GPA) of a clause enabling the European Union to give preference to SMEs when awarding public contracts, along the lines of those already applied by other States parties to this agreement;

Amendment 24 #

Draft opinion
Point 5 c (new)

5c. In the context of the European Union's commitments in the field of international public procurement, points out, further, the importance of strengthening anti-corruption mechanisms in the field of public procurement and draws attention to the need to focus efforts on ensuring transparency and fairness in the use of public funds;

Amendment 25 #

Draft opinion
Point 5 d (new)

5d. Points out that selective public procurement policies are permissible under international law, including under the GATT/WTO agreement;

Amendment 26 #

Draft opinion
Point 5 e (new)

5e. Calls on the Commission to evaluate the possibility of using green public procurement as an instrument for promoting sustainable development;

Amendment 27 #

Draft opinion
Point 5 f (new)

5f. Calls on the Commission to evaluate the possibility of incorporating into public procurement agreements with international partners provisions requiring compliance with the fundamental human rights obligations laid down in conventions and international agreements;

Amendment 3 #

Robert STURDY

Draft opinion
Point 1

1. Points out that the Internal Market and international markets are increasingly interlinked; considers, in this context, that legislators in the EU Internal Market and EU negotiators in the field of international trade should always be mindful of the possible mutual consequences when conducting their activities; with a view to fostering synergies, invites the Committee on the Internal Market and Consumer Protection, the Committee on International Trade and EU chief trade negotiators to hold joint briefing sessions prior to and during key international trade negotiations, for example on free trade agreements, to assess the resulting impact on both the EU single market and consumer safety and access to foreign markets for EU businesses;

Amendment 4 #

Draft opinion
Point 1 a (new)

1a. Stresses that a sound government procurement framework is a precondition for a fair and free competition-oriented market and helps to fight corruption;

Amendment 5 #

Draft opinion
Point 1 a (new)

1a. Remains unconvinced by the OECD's view that the primary objective of effective procurement policy ought to be the promotion of efficiency, i.e. the selection of the supplier offering the lowest price; regards other public policy objectives - including pro-employment and anti- poverty strategies, the promotion of local innovation pools and Green and Fair Trade procurement - as being of at least equal if not higher importance;

Amendment 6 #

Draft opinion
Point 2

2. ~~Believes that a plurilateral agreement such as the Government Procurement Agreement (GPA) is the best tool to ensure a level playing field for European enterprises in~~Takes note of the provisional agreement on the revision of the Government Procurement Agreement (GPA) regarding market access to public procurement at international level; ~~therefore urges~~calls on the Commission to recon~~tinue its efforts to conclude the ambitious GPA~~sider the reform of the GPA in the light of the current economic crisis, in order to guarantee the possibility of public spending at all levels of government to achieve anti-cyclical, pro-employment and regional development goals;

Amendment 7 #

Draft opinion
Point 2

2. Believes that a plurilateral agreement such as the Government Procurement Agreement (GPA) is the best tool to ensure a level playing field for European enterprises in regarding market access to public procurement at international level; therefore urges the Commission to con~~tinue its efforts to conclude the ambitious GPA~~clude the negotiations on the provisional text that was agreed upon in 2006 as a revised version of the GPA that entered into force in 1996;

Amendment 8 #

Draft opinion
Point 2

2. Believes that a plurilateral agreement such as the Government Procurement Agreement (GPA) is ~~the best~~a tool to ensure a level playing field for European enterprises in regarding market access to public procurement at international level;: therefore urges the Commission to continue its efforts to conclude the ambitious GPA; points out that in its preamble and in its Article V the GPA recognises Special and Differential Treatment for Developing Countries;

Amendment 9 #

Draft opinion
Point 2 a (new)

2a. Notes that apart from the EFTA countries (Norway, Liechtenstein and Iceland) no other party to the GPA was able to meet the Commission's requests for coverage in the GPA;

source: PE-438.392

2010/03/26 IMCO 130 amendments...

Amendment 1 #

Motion for a resolution
Citation 8 a (new)

- having regard to the Commission Communication on Public-Private Partnerships and Community Law on Public Procurement and Concessions (COM/2005/0569 final),

Amendment 10 #

Motion for a resolution
Recital B b (new)

Bb. whereas an important purpose of the public procurement rules is to ensure that the State spends public money as efficiently as possible,

Amendment 100 #

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Social Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 101 #

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation, and stimulating competition, and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise frequent training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States and local authorities, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 102 #

Motion for a resolution
Paragraph 13

13. Ddraws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should ~~be encouraged and put in a position to base public procurement on ecological, social and other criteria~~place special emphasis on taking into account environmental and social criteria during the award of public contracts; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 103 #

Motion for a resolution
Paragraph 13 a (new)

13a. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, taking as a starting point the ILO Convention criteria, particularly Conventions 87 and 98 on the right to join trade unions and the right to conclude collective agreements, 29 and 105 for condemning the forced labour, 100 and 111 on equal pay for equal work and condemnation of discrimination, 138 on child labour and 94 on social criteria in procurement;

Amendment 104 #

Motion for a resolution
Paragraph 13 b (new)

13b. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, and that key social considerations for public procurement include: - Gender equality, as called for in Communication from the Commission (COM (2007) 424) on tackling the pay gap between men and women, - Social cohesion, in particular the integration of respect for fundamental rights as recognised in the core ILO conventions, - Equitable wages, in accordance with the Commission’s Opinion on equitable wages (COM (93) 388) and ILO’s decent work agenda, - Respect for collective agreements, as stated in ILO Convention 94, article 2, section 1(a);

Amendment 105 #

Motion for a resolution
Paragraph 14

14. CEmphasises that it would greatly facilitate the transparency of public procurement procedures if governments used the same sustainable criteria as are used for various labels; and therefore calls for the development of a database so that ~~the~~ criteria on which the various sustainability assurance schemes or labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States to be fully involved in this process; draws attention, at the same time, to the negative impact which a and so that public authorities can verify the compliance with the criteria demanded. Urges the Commission and the Member States to organise training courses and awareness raising campaigns for local authorities and political decision-marke~~t fragmented by the existence of so many regional, national, European and international labels has on innovation and research~~rs and to include other stakeholders, particular social NGOs providing social services;

Amendment 106 #

Motion for a resolution
Paragraph 14

14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; to facilitate their use in public procurement; expects the Member States to be fully involved in this process; This bottom-up process should take into account the valuable experience and knowledge that often exists at local, regional and national level; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;

Amendment 107 #

Motion for a resolution
Paragraph 14

14. Calls for the development of a database ~~so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initia~~for standards, including those relating to environmental and social criteria, to be made available for public authoritives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States to be fully involved in this process; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research, to ensure that procurers have appropriate guidance and a clear set of rules when drawing up tenders to easily verify their compliance with the relevant standard;

Amendment 108 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Malcolm HARBOUR, Jürgen CREUTZMANN, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 14

14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and stakeholders to be fully involved in this process; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;

Amendment 109 #

Motion for a resolution
Paragraph 14

14. Calls ~~for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls~~ on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention~~, at the same time,~~ to the negative impact which a market fragmented by the existence of ~~so many~~numerous varying regional, national, European and international labels has on innovation and research;

Amendment 11 #

Motion for a resolution
Recital C

Amendment 110 #

Motion for a resolution
Paragraph 14

14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and stakeholders to be fully involved in this process; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;

Amendment 111 #

Motion for a resolution
Paragraph 15 - title (new)

Social responsible Procurement

Amendment 112 #

Motion for a resolution
Paragraph 15

15. Draws attention to the great importance of public procurement for the achievement of EU social objectives and the advancement of sustainable development; Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide constructive assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that when social criteria relate to the manufacturing process, ~~so that~~ their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria demanded and calls on the Commission to offer suitable assistance ~~and to promote~~to sustainability assurance schemes and to support instruments which can be used to certify the reliability of supply chains;

Amendment 113 #

Motion for a resolution
Paragraph 15

15. EDraws attention to the great importance of public procurement for the achievement of EU social objectives and the advancement of sustainable development; emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals and to publish without delay a guide on the integration of social considerations in procurement; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;

Amendment 114 #

Motion for a resolution
Paragraph 15

15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment;

Amendment 115 #

Evelyne GEBHARDT

Motion for a resolution
Paragraph 15

15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains; calls on the Commission to assist Member States in monitoring and evaluating the impact of public procurement processes on the quality of goods and services;

Amendment 116 #

Motion for a resolution
Paragraph 15

15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;

Amendment 117 #

Wim van de CAMP

Motion for a resolution
Paragraph 15

Amendment 118 #

Anna HEDH

Motion for a resolution
Paragraph 15

15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to ~~certify the reliability of supply chain~~ensure that the procuring authority takes responsibility for not only its contracted suppliers but also subcontractors/sub-suppliers engaged at multiple levels;

Amendment 119 #

Motion for a resolution
Paragraph 15

Amendment 12 #

Motion for a resolution
Recital C

C. whereas the Lisbon Reform Treaty has for the first time incorporated into European Union primary law an acknowledgement of the right to regional and local self-government, consolidated the concept of subsidiarity and granted both the national parliaments and the Committee of the Regions the right to bring actions before the CJEUincorporates the notion of a social market economy, and a social clause whereby the social issues (promotion of a high level of employment, adequate social protection, fight against social exclusion, etc.) must be taken into account when defining and implementing all policies,

Amendment 120 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 15

15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of legally non-binding manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;

Amendment 121 #

Motion for a resolution
Paragraph 15 b (new)

15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;

Amendment 122 #

Motion for a resolution
Paragraph 15 a (new)

15a. Emphasises that the Protocol of Services of General Interest attached to the Treaty on the Functioning of the European Union calls for a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in these services; emphasises that services of a general economic interest (SGEI) are an EU legal category that provides an exception to the competition rules for the proportionate pursuit of legitimate public interest goals by private undertakings; recognises that it is for the public authorities of the Member States involved to decide whether they provide these services directly through their own administration or whether they entrust the service to a third party (private or public entity). Where a third party is selected the public procurement rules will generally apply; emphasises that the Commission should actively support Member States to integrate the shared values of the Union in respect of services of general economic interest into its public procurement regulation;

Amendment 123 #

Motion for a resolution
Paragraph 15 c (new)

15c. Reiterates it’s previous call, in it’s report of February 2009, on the Commission to provide a handbook on pre-commercial procurement, which should illustrate practical examples of risk benefit sharing according to market conditions; considers, in addition, that intellectual property rights must be vested in the companies participating in pre- commercial procurement, which would foster understanding amongst public authorities and encourage suppliers to become involved in pre-commercial procurement procedures;

Amendment 124 #

Motion for a resolution
Paragraph 15 d (new)

15d. Welcomes the European Commission’s EMAS helpdesk which provides practical information and support for companies and other organisations to evaluate, report and improve their environmental performance in public procurement; calls on the Commission to consider developing of a more generic online portal which could offer practical advice and support for those using the public procurement process, particularly the actors involved in complex and collaborative procurement procedures;

Amendment 125 #

Motion for a resolution
Paragraph 15 e (new)

15e. Notes that SMEs have struggled to access public procurement markets and that more should be done to develop an "SME strategy"; therefore, as part of this strategy, calls on the Member States to work with contracting authorities to encourage subcontracting possibilities where appropriate, develop and disseminate best practise techniques, avoid overly prescriptive pre-qualifying processes, use standards in tender documents to ensure that suppliers don’t have to start from scratch and to establish a centralised advertising portal for contracts; also calls on the Commission to take stock of Member States initiatives in this area and encourage wider dissemination of the Small Business Act’s European Code of Best Practises;

Amendment 126 #

Motion for a resolution
Paragraph 15 f (new)

15f. Calls on the Commission to encourage public authorities to use Fair Trade criteria in their public tenders and purchasing policies on the basis of the Fair Trade definition as recognized by the European Parliament resolution on Fair Trade and Development of 6 June 2006 and the recent European Commission communication of 5 May 2009; reiterates its earlier call to the Commission to promote this by, e.g., producing constructive guidelines for Fair Trade procurement; welcomes the unanimous adoption of the opinion of the Committee of the Regions on 11 February 2010 calling for a common European Fair Trade strategy for local and regional authorities;

Amendment 127 #

Motion for a resolution
Paragraph 15 g (new)

15g. Encourages Member States to promote a "Supplier Development Programme" as already developed in some countries; notes that such a tool can be used to encourage dialogue between suppliers and procurers, enabling actors to meet at an early stage of a purchasing process; stresses that such a mechanism is essential for stimulating innovation and improving SME access to procurement markets;

Amendment 128 #

Philippe JUVIN, Constance LE GRIP, Jean-Marie CAVADA

Motion for a resolution
Paragraph 15 h (new)

15h. Social services of general interest Draws attention to the difficulties in transposing the Services Directive of 12 December 2006 in many Member States, in particular as regards the specific nature of social services of general interest; emphasises that the way in which procurement operates in the field of social services through calls for tenders has a detrimental effect on quality and therefore on the service provided to users, because quality criteria are too often neglected; takes the view that the public procurement directives do not provide an appropriate framework for contracts connected with social services of general interest; therefore calls on the Commission to put forward, as soon as possible, specific legislation to provide a framework for social services of general interest;

Amendment 129 #

Motion for a resolution
Paragraph 15 i (new)

15i. Calls on the Commission to step up its efforts to prevent the discrimination suffered by European SMEs under discriminatory measures imposed by certain parties to the WTO Agreement on Government Procurement (GPA), such as Canada and the United States; in particular, calls on the Commission, in the renegotiation of the GPA, to secure from the States in question an extension of their offer to cover public contracts subject to the agreement in proportion to the value of the contracts which they reserve for their SMEs or, in the alternative, to obtain the insertion of a clause permitting the European Union to give preferential treatment to European SMEs in the award of public contracts, following the model of the measures already applied by the States in question;

Amendment 13 #

Motion for a resolution
Recital C a (new)

Ca. whereas there has been a disproportionate number of infringement cases at the European Court of Justice in this area, indicating that many Member States have struggled to comply with the Public Procurement Directives,

Amendment 130 #

Motion for a resolution
Paragraph 15 j (new)

15j. Recognises that training and exchanging experiences between public authorities and the European Commission is essential in overcoming some of the complexities in the public procurement market; however, is concerned that as public budgets tighten, such initiatives could be undermined; therefore calls on Member States and the European Commission to use existing resources and mechanisms at their disposal, such as peer reviews, envisaged in the Services Directive, to encourage small teams of procurement experts from one region to review the activities of another EU region, which could help establish confidence and best practises across different Member States;

Amendment 14 #

Motion for a resolution
Recital C b (new)

Cb. whereas Protocol No 26 on Services of General Interest conveys a clear message by underlining amongst other things, the essential role and wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the need of the users,

Amendment 15 #

Motion for a resolution
Recital C c (new)

Cc. whereas the Treaty on the Functioning of the European Union incorporates the notion of a social market economy, a social clause, and a protocol on Services of General Interest defining the values that are shared in the EU, to ensure European policies develop in a way that meets the aspirations of Europe’s citizens,

Amendment 16 #

Motion for a resolution
Recital C d (new)

Cd. whereas ILO Convention 94 stipulates that general public contracts shall contain clauses ensuring equitable remuneration, and labour conditions which are not less favourable than those agreed upon in inter alia collective agreements,

Amendment 17 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Recital C e (new)

Ce. whereas a well functioning procurement market is essential for the Internal Market, to both encourage cross- border competition, stimulate innovation, promote the low carbon economy and achieve optimal value for public authorities,

Amendment 18 #

Motion for a resolution
Paragraph 1 – title

General remarks and recommendations

Amendment 19 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN

Motion for a resolution
Paragraph 1

1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved particularly with regard to the simplification of the procurement rules as well as the creation of more legal certainty; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall;

Amendment 2 #

Motion for a resolution
Citation 8 b (new)

- having regard to the Report on the Public Consultation on the Green Paper on Public-Private Partnerships and Community Law on Public Contracts and Concessions - SEC(2205) 629,

Amendment 20 #

Motion for a resolution
Paragraph 1

1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall; calls on the Commission to have regard to and actively to pursue the aims of simplifying and streamlining the public procurement procedure in any review of the European rules;

Amendment 21 #

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, ~~in particular for smaller local authorities and for small and medium-sized undertaking~~for small and medium- sized undertakings and for smaller local authorities, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;

Amendment 22 #

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, ~~in particular as a~~existing resgult of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regionalations in combination with implementation measures and soft law, hasve given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;

Amendment 23 #

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for ~~smaller local authorities and for small and medium-sized undertakings,~~public bodies, private undertakings and providers of services of general interest serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;

Amendment 24 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the incomplete transposition of EU public procurement Directives in national law, and the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;

Amendment 25 #

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European ~~courts, the interaction between European, national and regional law~~and National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;

Amendment 26 #

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);

Amendment 27 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 2

2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality; and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);

Amendment 28 #

Motion for a resolution
Paragraph 2 a (new)

2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;

Amendment 29 #

Motion for a resolution
Paragraph 3

3. Emphasises that European initiatives in the area of public procurement must be coordinated more effectively in order not to jeopardise consistency with the public procurement directives and create legal problems for those applying the rules; calls, therefore, for compulsory coordination measures within the Commission, ~~including~~under the lead of the Directorate-General Internal Market and Services which is in charge of public procurement, and under participation of the further relevant Directorates- Generals; asks for a uniform Internet presence, with a view to making the relevant legal provisions more transparent and more user friendly;

Amendment 3 #

Motion for a resolution
Citation 8 c (new)

- having regard to the Commission Green Paper on public-private partnerships and Community law on public contracts and concessions (COM/2004/0327 final),

Amendment 30 #

Motion for a resolution
Paragraph 3

3. Emphasises that European initiatives in the area of public procurement must be coordinated more effectively in order not to jeopardise consistency with the public procurement directives and create legal problems for those applying the rules; calls, therefore, for compulsory coordination measures within the Commission, including a uniform Internet presence and regular information for the contracting authorities, with a view to making the relevant legal provisions more transparent and more user friendly;

Amendment 31 #

Motion for a resolution
Paragraph 3 a (new)

3a. Urges the Commission to remedy this situation and to develop strategic measures to encourage and empower contracting authorities to give preference to the economically and qualitatively most advantageous offer, thereby contributing to the Union’s policy objectives, in particular the objectives of innovative and socially and environmentally responsible growth which lie at the heart of the Europe 2020 strategy;

Amendment 32 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 4

4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement and calls on the Commission to take steps to ensure that both this committee and the planned new committee on public-private partnerships have a balanced composition including the social partners and work in a transparent manner;

Amendment 33 #

Motion for a resolution
Paragraph 4

4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;

Amendment 34 #

Motion for a resolution
Paragraph 4

4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement and calls on the Commission to take steps to ensure that both this committee and the planned new committee on public-private partnerships have a balanced composition, including trade unions and representatives of the business community, in particular of SMEs, and work in a transparent manner;

Amendment 35 #

Motion for a resolution
Paragraph 4

4. Criticises the lack of transparency regarding the composition, activities and results of the work of the internal Commission advisory committee on public procurement and calls on the Commission to take steps to ensure that both this committee and the planned new committee on public-private partnerships have a balanced composition and work in a transparent manner, providing clear indicators of the results at each stage and at the end of the process;

Amendment 36 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 4 a (new)

4a. Calls upon the Commission to examine the implications of Protocol 26 on the existing guidelines, in particular taking into account that article 2 of Protocol 26 stipulates that 'the provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non- economic services of general interest';

Amendment 37 #

Motion for a resolution
Paragraph 4 b (new)

4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;

Amendment 38 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 5

5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders~~, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul~~ and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;

Amendment 39 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission~~, when reviewing~~ carry out an ex-post assessment of the public procurement directives, t~~o take~~aking account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass an analysis of the national laws transposing the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;

Amendment 4 #

Motion for a resolution
Citation 8 d (new)

- having regard to the Commission interpretative communication on concessions under Community law (2000/C1212/02),

Amendment 40 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States, calls on the Commission to apply the relevant Treaty provisions to public procurement;

Amendment 41 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission, when rev~~iew~~aluating the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member Stateany debate on the conclusions from evaluation to be carried out with the full involvement of all stakeholders;

Amendment 42 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, ~~but warns that it regards a revision of the directives at this juncture as premature~~and in close collaboration with the European Parliament; when such a revision is carried out at a later date, ~~however,~~ advocates that it should also encompass the directive on review procedures concerning public contracts, and a specific legislative framework for service concessions, in order to prevent any further fragmentation of public procurement law; takes the view that a coherent legal framework for public contracts requires a framework directive on services of general economic interest; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;

Amendment 43 #

Motion for a resolution
Paragraph 5 a (new)

5a. Emphasises the need to encourage SMEs (Small and Medium-sized Enterprises) to take part in public contracts for third country procurements and calls on the Commission to take effective measures that will ensure that enterprises in the Union enjoy genuine access to third country procurements;

Amendment 44 #

Motion for a resolution
Paragraph 5 b (new)

5b. Notes of the importance of standards for public procurement in that they can help public procurers meet their targets, allowing them to use tried and tested processes to procure products and services, delivering a more cost-effective tender procedure and ensuring procurement meets other policy objectives, such as sustainability or buying from small businesses;

Amendment 45 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 5 c (new)

5c. calls on the Commission to explore the possibility of using green public contracts as a tool to promote sustainable development;

Amendment 46 #

Motion for a resolution
Paragraph 6 – title

~~Specific remarks~~Public-public Cooperation

Amendment 47 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 6

6. Points out that the Lisbon Reform Treaty, which came into force on 1 December 2009, incorporates for the first time into European Union primary law an acknowledgement of the right to regional and local self-government (Article 4(2) of the Treaty on European Union); emphasises that ~~in several judgments the CJEU has invoked the right to local self- government and~~the CJEU has made it clear that the ‘possibility for public authorities to use their own resources to perform the public- interest tasks conferred on them may be exercised in cooperation with other public authorities’ (judgment in Case C- 324/07); draws attention, further, to the judgment of the Grand Chamber of the CJEU of 9 June 2009 in Case C-480/06, which found, further, that Community law does not require public authorities to use any particular legal form in order to carry out jointly their public service tasks; stresses that the CJEU regards cooperation between public bodies as falling outside the scope of the public procurement directives only under certain conditions, which were fulfilled in each of the situations underlying its judgments; accordingly, regards public-public partnerships, such as cooperation agreements between local authorities and national cooperation, as falling outside the scope of the public procurement directives, provided that the following criteria are all met:

Amendment 48 #

Motion for a resolution
Paragraph 6 – indent 1

- the purpose of the partnership is the ~~joint~~ provision of a public-service task conferred on all local authorities,

Amendment 49 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 6 – indent 1

- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities, where public- interest objectives are thereby achieved and the performance of the task is actually made possible or significantly improved through the cooperation,

Amendment 5 #

Motion for a resolution
Citation 10 a (new)

- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),

Amendment 50 #

Motion for a resolution
Paragraph 6 – indent 1 a (new)

– the joint provision of a public-service task conferred on all the relevant parties involves actual cooperation in the sense of an exchange of goods and services,

Amendment 51 #

Motion for a resolution
Paragraph 6 – indent 1 b (new)

– the exchange of goods and services is made without remuneration,

Amendment 52 #

Motion for a resolution
Paragraph 6 – indent 1 c (new)

– the cooperation may only pursue objectives in the public interest and the performance of the task by the relevant parties must be actually made possible or significantly improved through the cooperation,

Amendment 53 #

Peter SIMON

Motion for a resolution
Paragraph 6 – indent 3

~~- and the activity involved is essentially performed on behalf of the public authorities concerned;~~deleted

Amendment 54 #

Peter SIMON

Motion for a resolution
Paragraph 6 – indent 3

~~- and the activity involved is essentially performed on behalf of the public authorities concerned;~~deleted

Amendment 55 #

Motion for a resolution
Paragraph 6 – indent 3 a (new)

– the services covered by the cooperation are not remunerated; no financial transfers may take place between the public partners and, in particular, no profits may be generated from the cooperation;

Amendment 56 #

Zuzana ROITHOVÁ

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission, in the light of the need to increase the efficiency of public procurement and to reinforce public control thereof, and of the objective of effectively combating protectionism and corruption, to carry out (and to make public on a single Internet portal) comparative analyses of the outcomes of public procurement which receives EU financial assistance, focussing in particular on the following indicators: 1. publication of the price differences between the price resulting from the competitive tendering procedure and the final price when the work is handed over (provided that the difference is greater than 5% of the winning price), including publication of the highest and lowest prices offered in that competitive tendering procedure, 2. publication of comparable work in other Member States (e.g. the cost of building 1 km of motorway in various Member States), 3. publication of complete information on the owners of the companies which have been awarded public contracts, and in the case of holding companies such publication also relates to information on the owners of the parent and subsidiary companies, 4. publication of information on repeat winners of competitive tendering procedures and the proprietors of those companies;

Amendment 57 #

Motion for a resolution
Paragraph 6 b (new)

6b. Points out that the Commission has clarified that not every action taken by public authorities is subject to procurement law. As long as European law provisions do not require the creation of market in a certain area, it remains up to the Member States to decide whether and to what extent they want to perform public functions themselves;

Amendment 58 #

Motion for a resolution
Paragraph 6 c (new)

6c. Points out that the conclusions of the CJEU in that judgment not only apply directly to cooperation between local authorities but are generally valid, with the result that they can be applied to cooperation between other public contracting authorities;

Amendment 59 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 6 d (new)

6d. Points out that the possibility of cooperation between public bodies is limited both geographically and as regards the number of budgets affected by the cooperation;

Amendment 6 #

Motion for a resolution
Citation 14 a (new)

- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),

Amendment 60 #

Motion for a resolution
Paragraph 6 e (new)

6e. Reaffirms that the non-remuneration of the exchange of goods and services is to be interpreted strictly, so that absolutely no financial transfers may take place between the relevant parties; in particular, neither may compensatory payments be made nor may profits be generated; states that cooperation between local authorities falling outside the scope of the public procurement directives must remain limited geographically to neighbouring public bodies and authorities and functionally to the performance of the joint task;

Amendment 61 #

Motion for a resolution
Paragraph 7

Amendment 62 #

Motion for a resolution
Paragraph 7

Amendment 63 #

Motion for a resolution
Paragraph 7

7. Points out that in its judgment of 10 September 2009 in Case C-573/07 the CJEU found that the mere possibility of the opening-up of the capital of a previously publicly-owned company to private investors may not be taken into consideration as a factor making competitive tendering a requirement unless there exists, at the time the contract is awarded, a real prospect in the short term of such an opening-up; notes that the law in this area is now sufficiently clear; calls on the Commission and the Member States to provide information about the legal implications of these judgments and expects that in future no further appeal procedures will be brought in these areas; further points out that in its judgment the CJEU also found that the admission of a capital contribution during the term of a contract awarded without a formal procurement procedure would constitute an alteration of the fundamental conditions of the contract and would require the contract to be put out for competitive tender; states that the case- law in this area now provides sufficient indications for binding criteria governing cooperation between local authorities falling outside the scope of the public procurement directives and in-house operations; calls on the Commission, in cooperation with the Member States and the European Parliament, to define clear and generally binding criteria governing cooperation between local authorities falling outside the scope of the public procurement directives and in-house operations on the basis of the case-law of the CJEU and to provide information on them in a communication;

Amendment 64 #

Motion for a resolution
Paragraph 7

Amendment 65 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 7

Amendment 66 #

Motion for a resolution
Paragraph 8 – title (new)

Service Concessions

Amendment 67 #

Frank ENGEL

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions~~, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value~~; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;

Amendment 68 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and ~~doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value~~calls on the Commission to duly take them into account only if the evaluation process proves that a legal definition is needed; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ ~~and establishing the legal framework governing such concessions has been completed~~evolved, however further clarification would be helpful;

Amendment 69 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, very strongly whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed and there is no legislative need for a European directive on service concessions;

Amendment 7 #

Barbara WEILER

Motion for a resolution
Recital A

A. whereas the economic and financial market crisis has highlighted the vital economic importance of public procurement, the effects of the crisis on local authorities are already clearly evident, and at the same time ~~made it clear that~~ the public authorities can perform their tasks properly in the public interest only if they can count on the requisite legal certainty in this area and if procurement procedures are not too complex,

Amendment 70 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;

Amendment 71 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from the failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;

Amendment 72 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed; it would be desirable, however, to develop rules on the publication of invitations to tender for service concessions;

Amendment 73 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and ~~doubts, therefore~~takes the view that, when the~~r a proposal for a legal act dealing with~~ public procurement directives are revised in future, service concessions wshould ~~have any added value; takes the view that with~~be the subject of specific legislation based on their definition and their status as laid down in the 2004 public procurement directives and ~~the~~ supplement~~ary~~ed by the case- law of the CJEU ~~the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed~~;

Amendment 74 #

Motion for a resolution
Paragraph 9

9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;

Amendment 75 #

Motion for a resolution
Paragraph 9 a (new)

9a. Is of the view that public contracts concern public funds and that therefore public contracts should be transparent and open for public scrutiny; asks the Commission to clarify this so local and other public authorities have certainty that they can inform their citizens of the contractual obligations entered into;

Amendment 76 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 9 b (new)

9b. Stresses that the award of public contracts must be done under conditions of transparency and equal treatment of all interested parties with the relationship of price to performance of the project as the ultimate criterion, so as to take into account the best tender and not solely and exclusively the lowest financial tender;

Amendment 77 #

Motion for a resolution
Paragraph 10 – title (new)

Public-Private Partnership

Amendment 78 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Malcolm HARBOUR, Jürgen CREUTZMANN, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 10 – indent 1

- the private participant must be selected by means of a ~~public procedure,~~transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;

Amendment 79 #

Frank ENGEL

Motion for a resolution
Paragraph 10 a (new)

10a. Insists that any proposal for a legal act dealing with service concessions would only be justified with a view to remedying distortions in the functioning of the internal market; that such distortions have not been identified hitherto, and that therefore, a legal act on service concessions is unnecessary as long as it is not geared at an identifiable improvement in the functioning of the internal market;

Amendment 8 #

Motion for a resolution
Recital A a (new)

Aa. whereas public procurement law serves to ensure that public funds are managed soundly and to give interested undertakings the opportunity to be awarded contracts in the context of fairer competition,

Amendment 80 #

Motion for a resolution
Paragraph 10 b (new)

10b. Invites the Commission, having regard to its communication of 19 November 2009, to advocate a more nuanced approach to the use of public- private partnerships, also taking into account the difficulties sometimes encountered; takes the view, however, that public-private partnerships can provide a solution in particular in the case of major infrastructure works, provided the balance is respected between cost and the quality of the service provided for users, on the one hand, and annuity profits awarded to undertakings, on the other; invites the Community to conduct a study of the real long-term economic benefit to public authorities and States of such partnerships in the different relevant sectors;

Amendment 81 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 10 c (new)

10c. Emphasizes however that the recent financial crises has shed new light on the ways public-private partnerships are often financed and the financial risks are shared; asks the Commission to properly evaluate the financial risks involved with the creation of PPPs;

Amendment 82 #

Motion for a resolution
Paragraph 11 – title (new)

Town Planning/Urban Development

Amendment 83 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 11

11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; ~~endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effect~~takes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely~~’ (point 35)~~; otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question~~’ (point 36)~~;

Amendment 84 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 11

11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; takes the view that in the last few years procurement law has permeated areas which are not inherently to be classified under public purchasing and therefore suggests that the criterion of purchasing is emphasised more strongly again in the application of the rules of procurement law; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effect that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36)

Amendment 85 #

Motion for a resolution
Paragraph 12 – title (new)

Procurement below the threshold

Amendment 86 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 12

12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;

Amendment 87 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 12 a (new)

Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;

Amendment 88 #

Motion for a resolution
Paragraph 12 b (new)

12b. Calls upon the Commission to be more flexible when dealing with the requirement laid down in Directive 2004/18/EC, Art. 9 Section 3, which states that "no works project or proposed purchase of a certain quantity of supplies and / or services may be subdivided to prevent its coming within the scope of the Directive", in order to make it possible for SMEs to participate in all public procurement;

Amendment 89 #

Motion for a resolution
Paragraph 12 c (new)

12c. Calls upon the Commission to simplify the procedures for public procurement in order to relieve both local governments as well as companies, from spending a large amount of time and money only on bureaucratic matters. Emphasises that by making the procedures easier, SMEs will have better access and will be able to participate in a more equal and fair way;

Amendment 9 #

Motion for a resolution
Recital B a (new)

Ba. whereas private undertakings must have the opportunity to win public contracts and there should be fair competition for public contracts,

Amendment 90 #

Motion for a resolution
Paragraph 12 d (new)

12d. Considers that sub-contracting is a form of organization of labour suited to the specialized aspects of the execution of works; emphasises that sub-contracting contracts must respect all the obligations imposed on the main contractors, especially as regards labour law and safety. With this end in view it would be advisable to establish a linked responsibility between contractor and sub- contractor;

Amendment 91 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 12 e (new)

12e. Supports the systematic admission of alternative bids (or variants); points out that tender conditions, in particular the admission of alternative bids, are crucial for promoting and disseminating innovative solutions; stresses that specifications referring to performance and functional requirements and the express admission of variants give tenderers the opportunity to propose innovative solutions;

Amendment 92 #

Robert ROCHEFORT

Motion for a resolution
Paragraph 12 f (new)

12f. Encourages the Member States to create a single Web access portal for all information relating to public contracts, as an upstream network for all calls for tenders; the aim will be to provide training and information, to direct undertakings towards contracts and to explain the applicable legislation, in particular for SMEs (which do not generally have a great deal of human and administrative resources with expertise in procurement-related terminology and procedures); specialist helpdesks could also assist them in evaluating whether they genuinely fulfil the conditions of the tender, and if so to complete their dossiers in response;

Amendment 93 #

Motion for a resolution
Paragraph 13 – title (new)

Green Procurement

Amendment 94 #

Heide RÜHLE, Frank ENGEL, Bernadette VERGNAUD, Jürgen CREUTZMANN, Malcolm HARBOUR, Kyriacos TRIANTAPHYLLIDES

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency~~, the environment~~ and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 95 #

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological~~, social~~ and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 96 #

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and ~~reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes~~ calls on the Commission to make clear that public authorities may base public procurement on ecological criteria such as sustainable management, social criteria such as the payment of relevant standard wages and other criteria; calls on the Commission to devise guidelines or other practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 97 #

Motion for a resolution
Paragraph 13

13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Socially Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to ~~organise~~develop objectives and targets for the integration of social criteria in public contracts, reinforced by training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;

Amendment 98 #