Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | TARABELLA Marc ( S&D) | ENGEL Frank ( PPE), CREUTZMANN Jürgen ( ALDE), RÜHLE Heide ( Verts/ALE), HARBOUR Malcolm ( ECR), KOŽUŠNÍK Edvard ( ECR), SALVINI Matteo ( EFD) |
Committee Opinion | ENVI | WESTLUND Åsa ( S&D) | Julie GIRLING ( ECR), Miroslav MIKOLÁŠIK ( PPE) |
Committee Opinion | EMPL | SIPPEL Birgit ( S&D) | |
Committee Opinion | ITRE | GYÜRK András ( PPE) | Zigmantas BALČYTIS ( S&D), Vicky FORD ( ECR), Jens ROHDE ( ALDE) |
Committee Opinion | JURI | GARGANI Giuseppe ( PPE) | Sergio Gaetano COFFERATI ( S&D), Sajjad KARIM ( ECR), Jiří MAŠTÁLKA ( GUE/NGL) |
Committee Opinion | REGI | MĂNESCU Ramona Nicole ( ALDE) | |
Committee Opinion | LIBE | ||
Committee Opinion | INTA | SUSTA Gianluca ( S&D) | |
Committee Opinion | TRAN | LICHTENBERGER Eva ( Verts/ALE) | Inés AYALA SENDER ( S&D), Gesine MEISSNER ( ALDE) |
Committee Opinion | ECON | ||
Committee Opinion | AFET |
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062, TFEU 114-p1
Legal Basis:
TFEU 053-p1, TFEU 062, TFEU 114-p1Subjects
Events
PURPOSE: to revise and modernise the rules on public procurement in the EU.
LEGISLATIVE ACT: Directive 2014/24/EU of the European Parliament and of the Council
on public procurement and repealing Directive 2004/18/EC
CONTENT: the Directive is part of a legislative package for modernisation of public procurement in the EU, which is also made up of:
· a Directive on procurement by entities operating in the utilities sectors: water, energy, transport and postal services (replacing directive 2004/17/EC).
· a Directive on the award of concession contracts .
The Directive applies to procurements with a value net of value-added tax (VAT) estimated to be equal to or greater than the following thresholds:
· EUR 5 186 000 for public works contracts;
· EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities;
· EUR 207 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities;
· EUR 750 000 for public service contracts for social services.
The Directive does not affect the freedom of Member States to define what they consider to be services of general economic interest , how those services should be organised and financed, in compliance with the State aid rules, and to what specific obligations they should be subject.
The review is a major overhaul of public procurement rules across the EU, the main points of which are as follows:
Simplification of procedures : Member State systems will provide two basic forms of procedure, open and restricted procedure. They may, in addition, provide, subject to certain conditions, the competitive procedure with negotiation, the competitive dialogue and/or the innovation partnership, a new form of procedure for innovative procurement.
Time-limits for participations and submission of offers have been shortened and the grounds for exclusion of candidates and tenderers have been reviewed and clarified.
The documentation required is reduced, notably through the compulsory acceptance of self-declarations from bidders (through a standardised European Single Procurement Document) consisting of a formal statement by the economic operator that the relevant ground for exclusion does not apply and/or that the relevant selection criterion is fulfilled and shall provide the relevant information as required by the contracting authority.
The promotion of on line public procurement is a more user-friendly feature and a key factor in the simplification process.
Better price-quality ratio : the criterion of ‘ most economically advantageous tender’ is the overriding concept in the award process.
The most economically advantageous tender shall be identified on the basis of the price or cost, using a cost-effectiveness approach, such as life-cycle costing , and may include the best price-quality ratio, which shall be assessed on the basis of criteria, including qualitative, environmental and/or social aspects,
Strategic use of public procurement : in response to new challenges, the new rules seek to ensure greater inclusion of common societal goals in the procurement process. These goals include environmental protection, social responsibility, innovation, combating climate change, employment, public health and other social and environmental considerations.
Innovative solutions and innovation partnerships : Parliament had introduced a new procedure to encourage tenders proposing innovative solutions where a need for the development of an innovative product or service or innovative works and the subsequent purchase of the resulting supplies, services or works cannot be met by solutions already available on the market.
Innovation will be specifically encouraged , through the new innovation partnership introduced by Parliament. This procedure aims to encourage tenders proposing innovative solutions where a need for the development of an innovative product or service or innovative works and the subsequent purchase of the resulting supplies, services or works cannot be met by solutions already available on the market.
The new innovation partnership is based on the procedural rules that apply to the competitive procedure with negotiation and contracts should be awarded on the sole basis of the best price-quality ratio.
Better access for SME participation : Parliament had stressed the need to give particular attention to small and medium sized enterprises.
The Directive provides for concrete measures to remove barriers for market access by small and medium-sized enterprises (SMEs), such as simplification of documentation obligations in procurement procedures, the creation of a standardised document for selection purposes, an incitation for contracting authorities to consider the division of contracts into smaller lots that are more accessible for SMEs, and a reduction on requirements for participation.
Clear procedures : contracting authorities must take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators.
The new Directive introduces more stringent requirements regarding subcontracting . The conditions relating to the enforcement of observance of applicable obligations in the fields of environmental, social and labour law, established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions should be applied whenever the national law of a Member State provides for a mechanism of joint liability between subcontractors and the main contractor.
Furthermore, to fight social dumping and ensure that workers' rights are respected, stricter rules are introduced regarding abnormally low bids .
Governance: the Directive contains obligations for Member States to monitor and report on public procurement activity in order to improve the efficacy and uniform application of EU law in this field.
ENTRY INTO FORCE: 17/04/2014.
TRANSPOSITION: 18/04/2016.
DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to adapt to rapid technical, economic and regulatory developments. The power to adopt such acts is conferred on the Commission for an indeterminate period from 17 April 2014. The European Parliament or the Council may object to a delegated act within two months from the date of notification (which may be extended by two months.) If the European Parliament or Council express objections, the delegated act will not enter into force.
The European Parliament adopted by 620 votes to 31 with 30 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on public procurement.
Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement between Parliament and Council. They amend the proposal as follows:
Public services : it is clarified that nothing in the Directive obliges Member States to contract out or externalise the provision of services that they wish to provide themselves or to organise by means other than public contracts. The Directive does not affect the social security legislation of the Member States. Nor does it deal with the liberalisation of services of general economic interest, reserved to public or private entities, or with the privatisation of public entities providing services.
Exclusion grounds : Parliament added to the grounds for exclusion terrorist financing and child labour and other forms of trafficking in human beings as defined in Directive 2011/36/EU. Furthermore, contracting authorities may exclude from participation in a procurement procedure any economic operator where it has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition or where a conflict of interest cannot be effectively remedied.
Best price-quality ratio : the criteria of ‘most economically advantageous tender’ is the overriding one in the awards procedure.
The most economically advantageous tender from the point of view of the contracting authority shall be identified on the basis of the price or cost, using a cost-effectiveness approach, such as life-cycle, and may include the best price-quality ratio, which shall be assessed on the basis of criteria, including qualitative, environmental and/or social aspects, linked to the subject-matter of the public contract in question. Such criteria may comprise, for instance trading and delivery conditions.
Social and environmental requirements : in order to ensure efficient and socially sustainable public procurement, Member States and contracting authorities may adopt the measures necessary to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed or the services provided.
Control of the observance of the environmental, social and labour law provisions should be performed at the relevant stages of the procurement procedure, when applying the general principles governing the choice of participants and the award of contracts, when applying the exclusion criteria and when applying the provisions concerning abnormally low tenders.
Innovative solutions and innovation partnerships : Parliament introduced a new procedure to encourage tenders proposing innovative solutions where a need for the development of an innovative product or service or innovative works and the subsequent purchase of the resulting supplies, services or works cannot be met by solutions already available on the market.
The new innovation partnership should be based on the procedural rules that apply to the competitive procedure with negotiation and contracts should be awarded on the sole basis of the best price-quality ratio, which is most suitable for comparing tenders for innovative solutions.
Allow SME participation: Parliament stressed the need to give particular attention to small and medium sized enterprises.
In order to further the possibilities for SMEs to participate in a large contracts, the latter may be divided into lots .
Furthermore, time limits for participation in procurement procedures should be kept as short as possible.
European Single Procurement Document (ESPD): in order to avoid the administrative deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria, the amended text offers the chance of producing a European Single Procurement Document (ESPD) consisting of an updated self-declaration by the economic operator that the relevant ground for exclusion does not apply and/or that the relevant selection criterion is fulfilled and he shall provide the relevant information as required by the contracting authority.
The tenderer to whom the contract has been awarded may, nevertheless be required to provide relevant proof without which the award will not be made.
Subcontracting : the new Directive introduces stricter rules on subcontracting. The amended text states that the conditions relating to the enforcement of observance of applicable obligations in the fields of environmental, social and labour law, established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions should be applied whenever the national law of a Member State provides for a mechanism of joint liability between subcontractors and the main contractor.
Abnormally low offers: to fight social dumping and ensure that workers' rights are respected, stricter rules are introduced regarding abnormally low bids. Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Electronic communications : contracting authorities should, except in certain specific situations, use electronic means of communication which are non-discriminatory, generally available and interoperable with the ICT products in general use and which do not restrict economic operators’ access to the procurement procedure.
Social services : the amended text provides that contracting authorities intending to award a public contract for social services shall make known their intention either by means of a contract notice, or by means of a prior information notice, which shall be published continuously . The threshold for social services contracts is raised to EUR 750 000.
The Council reached an agreement on a general approach on the three proposals in the package aiming to modernise public procurement policy.
The agreements are based on the compromise texts put forward by the Presidency for each part of the legislative acts (see 2011/0439(COD) and 2011/0437(COD) ).
The Council provided guidance on four important issues at its meetings on 20 February and 30 May 2012: the degree of flexibility that should apply in the use of competitive procedures with negotiation, the application of a lighter regime for certain categories of services (social, cultural, health, etc.), the wide use of e-procurement and the supervision and monitoring of procurement procedures.
The revision of public procurement policy will affect a wide range of areas applying to the procurement of goods, works and services, including:
Making procurement procedures simpler and more flexible : measures aim to make procurement easier and less burdensome administratively, and to create flexibility for public authorities making it possible to achieve better procurement outcomes. Promotion of electronic procurement as a more user-friendly feature of procurement procedures is a cornerstone of the simplification process throughout the package. Strategic use of public procurement in response to new challenges and common societal goals such as environmental protection, social responsibility, innovation, combating climate change, employment, public health and other social and environmental considerations. Better access to the market for SMEs : (i) simplification of documentation requirements in procurement procedures; (ii) the creation of a standardised document for selection purposes; (iii) an incentive for contracting authorities to consider dividing contracts into smaller lots that are more accessible for SMEs; (iv) a reduction in the number of requirements for participation. Sound procedures : contracting authorities should take appropriate measures to prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures. Governance : Member States should monitor and report on public procurement activities in order to improve the effectiveness and uniform application of EU law in this field.
The Council held an orientation debate on the modernisation of the public procurement policy in the EU. The outcome of the debate provides political guidance for future work.
The Council also took note of a Presidency report on the progress achieved concerning the reform of the public procurement legal framework. The report outlines a number of possible solutions to pave the way for a political agreement in the coming months.
This was the second ministerial debate since the presentation by the Commission, on 20 December 2011, of legislative proposals for a major overhaul of public procurement rules across the EU. The Package consists of three legislative proposals for (i) a Directive on public procurement (classical directive), (ii) a Directive on procurement by entities operating in the water, energy, transport and postal services sectors and (iii) a Directive on award of concession contracts.
The report outlines a number of possible solutions to pave the way for a political agreement in the coming months. The debate focused on two key subjects:
(1) The use of electronic systems in public procurement (e-procurement) : many delegations pointed out the considerable savings that would be achieved through increased use of digitisation and electronic procurement procedures. However, it was also noted that important technical challenges would need to be addressed as regards the adaptation of public purchasing bodies, and a certain degree of interoperability would need to be ensure, before use of this technology is standard.
Ministers are invited to comment on whether they support the Commission proposal to fully switch to electronic communication within 2 years after transposition, i.e. mid-2016 in the case of adoption of the directive in 2012, or if they would prefer a different time frame. They were also asked how the transition can best be supported.
(2) The governance and monitoring of the procurement procedures : on governance, a large majority of delegations favoured the "light" approach outlined in the Presidency compromise, with Member States having the option of organising their administrative structures without the need to create new structures.
Ministers are invited to comment on whether they agree with the Presidency approach, which would leave organisational decisions to Member States and simply identify the tasks to be carried out, including: monitoring, reporting and guidance. They are also asked to specify which other tasks should be included or should the list be reduced further.
On the basis of the negotiations and positions expressed in the Council Working Party, along with the political guidance provided by the Competitiveness Council on 20 February 2012 (refer to the summary dated from the same day), the Presidency points out a number of elements below to be included in the final political agreement :
Flexibilisation of procedures : the Presidency proposes to: (i) substantially widen access to the competitive procedure with negotiation and the competitive dialogue compared to the Commission proposal; (ii) fully support the new procedure targeted at promoting structured innovation partnerships in order to further the development and subsequent purchase of innovative supplies, services and works; (iii) reduce the minimum time limits set out in the Commission proposal in order to make public procurement more efficient.
Strategic use of public procurement : the Presidency proposes to: (i) promote the development of life-cycle costing and clarify how it can be integrated in the award criteria for public contracts; (ii) state that public procurement rules should continue to focus on "how to buy" and not "what to buy"; (iii) refine the scope and conditions for a light regime for certain services, including social, health, cultural, educational and hotel/restaurant services, while promoting transparency andcompetition.
Reducing documentation requirements : the Presidency proposes to: (i) fully support making obligatory the acceptance of economic operators’ self-declarations instead of certificates and other official documents as preliminary means of proof that they are not subject to grounds for exclusion and that they fulfil the selection criteria; (ii) provide contracting authorities with a possibility to ask economic operators to supplement, clarify or complete information or documentation submitted where it is or appears to be incomplete or erroneous, while respecting the principles of transparency and equal treatment.
SME Access : the Presidency proposes to: (i) fully support the proposal of introducing a turnover cap, according to which contracting authorities should not be allowed to require economic operators to have a minimum turnover exceeding three times the estimated contract value ; (ii) fully support the involvement of SMEs in public procurement markets, by encouraging contracting authorities to duly consider dividing contracts into lots.
Aggregation of demand : the Presidency proposes to: (i) clarify the conditions for use of framework agreements; (ii) clarify the rules attributing liability for the observance of the procurement rules among the central purchasing body and the contracting authorities procuring from or through the body; (iii) make it easier for contracting authorities from different Member States to perform joint procurement across borders, thus providing an important tool for procurement of innovative solutions.
It should be recalled Member States have all affirmed the importance of giving a high priority to the negotiations on the proposal in order to reach agreement with the European Parliament by the end of 2012.
The Council held an orientation debate on the modernisation of public procurement policy. It was the first ministerial debate since the presentation by the Commission, in December 2011, of the proposals for a major overhaul of public procurement rules across the EU.
The outcome of the debate provides guidance for the continuation of technical work. The intermediate target is to reach an agreement on the main principles of the reform at the Competitiveness Council in May, with the final purpose of getting the reform approved in co legislation with the European Parliament before the end of 2012 .
The three proposals for modernising public procurement are:
a draft directive setting up the new legislative framework (replacing directive 2004/18/EC); a draft directive on procurement by entities operating in the water, energy, transport and postal services (replacing directive 2004/17/EC); a draft directive on the award of concession contracts.
The debate focused on the new general legal framework. More specifically, it concentrated on two aspects put forward by the Presidency:
1. The degree of flexibility that should apply in the use of competitive procedures with negotiation : compared to the current rules, the Commission proposes to increase the list of cases in which member states may allow for the competitive procedure with negotiation, but not so as to allow unrestricted access to this procedure.
Ministers are invited to comment on the following questions :
Does the Commission’s proposal provide procuring entities sufficient access to the competitive procedure with negotiation? If not, should access be as unrestricted as possible? How can it be secured that more flexibility does not lead to unequal treatment?
A majority of delegations stated that a wider use of negotiated procedures in public contracts should be possible and that certain safeguards should also be put in place to ensure equal treatment for tenders. Some other delegations would prefer a limited use for this procedure, in line with the Commission proposal.
2. Rules for certain categories of services: social, cultural, health, etc : the Commission proposes abolishing the current distinction applying to certain services that can be externalised under simpler regimes (social, cultural, health, education, etc.), so that standard rules would apply to all services unless explicitly exempted.
Ministers are invited to comment on the following questions :
Is the Commission right in proposing a lighter regime for certain social, cultural, educational and health services? Should other services also benefit from the special regime? Has the Commission struck the right balance between promoting efficiency through competition and delivering on the objective of lighter public procurement rules?
Many delegations emphasised that the new system should strike the right balance between promoting efficiency through competition in contract awards and delivering on the objective of lighter public procurement rules for certain services.
PURPOSE: to modernise existing public procurement legislation in order to make it better suited to deal with the evolving political, social and economic context.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: p ublic procurement plays an important role in the overall economic performance of the European Union. In Europe, public authorities spend around 18 % of GDP on supplies, works and services. Given the volume of purchases, public procurement can be used as a powerful lever for achieving a Single Market fostering smart, sustainable and inclusive growth.
A comprehensive economic evaluation has shown that the public procurement Directives have achieved their objectives to a considerable extent. They have resulted in greater transparency and higher levels of competition while achieving measurable savings through lower prices.
The Commission published on 27 January 2011 a Green Paper on the modernisation of EU public procurement policy — Towards a more efficient European Procurement Market launching a broad public consultation on options for legislative changes to make the award of contracts easier and more flexible and enable public contracts to be put to better use in support of other policies.
A very large majority of stakeholders appreciated the initiative of the Commission to review the current public procurement policy . They voiced demand for a review of the public procurement directives to simplify the rules, increase their efficiency and effectiveness and make them better suited to deal with the evolving political, social and economic context.
This proposal has two complementary objectives:
Increase the efficiency of public spending to ensure the best possible procurement outcomes in terms of value for money. This implies in particular a simplification and flexibilisation of the existing public procurement rules. Streamlined, more efficient procedures will benefit all economic operators and facilitate the participation of SMEs and cross-border bidders. Allow procurers to make better use of public procurement in support of common societal goals such as protection of the environment, higher resource and energy efficiency, combating climate change, promoting innovation, employment and social inclusion and ensuring the best possible conditions for the provision of high quality social services.
This initiative implements the Europe 2020 strategy for smart, sustainable and inclusive growth and the Europe 2020 Flagship Initiatives on a Digital Agenda for Europe , the Innovation Union , an Integrated Industrial Policy for the Globalisation Era , Energy 2020 and a Resource Efficient Europe . It also implements the Single Market Act , in particular its twelfth key action ‘Revised and Modernised Public Procurement Legislative Framework’.
Together with the proposed new utilities Directive , the proposal will replace Directives 2004/17/EC and 2004/18/EC as the core elements of the European Union public procurement legislative framework.
IMPACT ASSESSMENT: the impact assessment and its executive summary give an overview of the different options for each of the five groups of basic problems (administrative organisation, scope, procedures, strategic procurement and access to procurement markets).
Based on an analysis of the advantages and disadvantages of the different options, a package of preferred options was identified that should optimise the synergies between the different solutions allowing savings due to one type of action to neutralise related costs caused by another (e.g. possible increased procedural requirements caused by strategic procurement actions could partially be neutralised by savings related to the improved design of procurement procedures). These preferred options form the basis of the present proposal.
LEGAL BASIS: Article 53(1), Article 62 and Article 114 of the TFEU.
CONTENT: the main axes of the proposal are as follows:
(1) Simplification and flexibilisation of procurement procedures
Clarification of scope:
the basic concept of ‘procurement’ has been newly introduced in order to better determine the scope and purpose of procurement law and to facilitate the application of the thresholds. The definitions of certain key notions determining the scope of the Directive (such as body governed by public law, public works and service contracts, mixed contracts) have been revised in the light of the case-law of the Court of Justice; the traditional distinction between so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) will be abolished . However, it became also clear that the regular procurement regime is not adapted to social services which need a specific set of rules.
Toolbox approach:
Member State systems will provide two basic forms of procedure , open and restricted procedure. They may, in addition, foresee, subject to certain conditions, the competitive procedure with negotiation, the competitive dialogue and/or the innovation partnership, a new form of procedure for innovative procurement; contracting authorities will furthermore have at their disposal a set of six specific procurement techniques and tools intended for aggregated and electronic procurement: framework agreements, dynamic purchasing systems, electronic auctions, electronic catalogues, central purchasing bodies and joint procurement. Compared to the existing Directive, these tools have been improved and clarified with a view to facilitating e‑procurement.
Lighter regime for sub-central contracting authorities:
in line with the WTO Government Procurement Agreement, the proposal provides a simplified procurement regime that applies to all contracting authorities below the central government level, such as local and regional authorities. These purchasers may use a prior information notice as a means of calling for competition. If they make use of this faculty, they don’t have to publish a separate contract notice before launching the procurement procedure.
Promotion of e-procurement:
the proposal aims at helping Member States to achieve the switchover to e-procurement enabling suppliers to take part in online procurement procedures across the Internal Market. It provides for the mandatory transmission of notices in electronic form, the mandatory electronic availability of the procurement documents and imposes the switch to fully electronic communication, in particular e-submission, in all procurement procedures within a transition period of two years.
Modernisation of procedures:
time-limits for participations and submission of offers have been shortened . The distinction between selection of tenderers and award of the contract which is often a source of errors and misunderstandings has been made more flexible, allowing it for contracting authorities to decide on the most practical sequencing by examining award criteria before selection criteria and to take into account the organisation and quality of the staff assigned to performing the contract as an award criterion; the grounds for exclusion of candidates and tenderers have been reviewed and clarified . Contracting authorities will be entitled to exclude economic operators which have shown significant or persistent deficiencies in performing prior contracts. The proposal provides also for the possibility of ‘self-cleaning’: contracting authorities may accept candidates or tenderers in spite of the existence of an exclusion ground if they have taken appropriate measures to remedy the consequences of any illicit behaviour and effectively prevent further occurrences of the misbehaviour; the modification of contracts during their term has become an increasingly relevant and problematic issue for practitioners. A specific provision on modification of contracts takes up the basic solutions developed by case-law and provides a pragmatic solution for dealing with unforeseen circumstances requiring an adaption of a public contract during its term.
(2) Strategic use of public procurement in response to new challenges: the proposed Directive is based on enabling approach providing contracting authorities with the instruments needed to contribute to the achievement of the Europe 2020 strategic goals by using their purchasing power to procure goods and services that foster innovation, respect the environment and combat climate change while improving employment, public health and social conditions.
Life-cycle costing : the proposal gives public purchasers the possibility to base their award decisions on life-cycle costs of the products, services or works to be purchased . Production process : contracting authorities may refer to all factors directly linked to the production process in the technical specifications and in the award criteria, as long as they refer to aspects of the production process which are closely related to the specific production or provision of the good or service purchased. This excludes requirements not related to the process of producing the products, works or services covered by the procurement, such as general corporate social responsibility requirements covering the whole operation of the contractor. Labels : contracting authorities may require that works, supplies or services bear specific labels certifying environmental, social or other characteristics, provided that they accept also equivalent labels. Sanctioning violations of mandatory social, labour or environmental law : under the proposed Directive, a contracting authority can exclude economic operators from the procedure, if it identifies infringements of obligations established by Union legislation in the field of social, labour or environmental law or of international labour law provisions. Social services : The evaluation on the impact and effectiveness of EU public procurement legislation has shown that social, health and education services have specific characteristics which make them inappropriate for the application of the regular procedures for the award of public service contracts. These services are typically provided within a specific context that varies widely between Member States due to different administrative, organisational and cultural circumstances. The services have, by their very nature, only a very limited cross-border dimension. Member States should therefore have large discretion to organise the choice of service providers. The proposal takes account of this by providing a specific regime for public contracts for these services, with a higher threshold of EUR 500 000 and imposing only the respect of basic principles of transparency and equal treatment. Innovation : the proposal provides for this purpose the innovation partnership, a new special procedure for the development and subsequent purchase of new, innovative products, works and services, provided they can be delivered to agreed performance levels and costs.
(3) Better access to the market for SMEs and Start-ups
Simplification of information obligations : the proposal provides for the mandatory acceptance of self-declarations as prima-facie evidence for selection purposes. The actual production of documentary evidence will be facilitated by a standardised document, the European Procurement Passport which is a means of proof for the absence of grounds for exclusion.
Division into lots : contracting authorities will be invited to divide public contracts into — homogeneous or heterogeneous — lots to make them more accessible for SMEs. Limitation on requirements for participation : to avoid unjustified barriers in the way of participation by SMEs, the proposed Directive contains an exhaustive list of possible conditions for participation in procurement procedures. Turnover requirements which are frequently a formidable obstacle to access by SMEs are explicitly limited to three times the estimated contract value, except in duly justified cases. Finally, any conditions for participation by groups of economic operators — an instrument of particular relevance for SMEs — must be justified by objective reasons and proportionate. Direct payment of subcontractors : Member State can provide that subcontractors may request for direct payment by the contracting authority of supplies, works and services provided to the main contractor in the context of the contract performance.
(4) Sound procedures
Conflicts of interest : the proposal contains a specific provision on conflicts of interest covering actual, potential or perceived conflict of interest situations affecting staff members of the contracting authority or of procurement service providers intervening in the procedure and members of the contracting authority’s management who may influence the outcome of a procurement procedure even if they are not formally involved in it. Illicit conduct : the proposal contains a specific provision against illicit behaviour by candidates and tenderers, such as attempts to improperly influence the decision-making process or entering into agreements with other participants to manipulate the outcome of the procedure have to be excluded from the procedure. Unfair advantages : the proposal contains a specific provision on safeguards against undue preference in favour of participants who have advised the contracting authority or been involved in the preparation of the procedure.
(5) Governance
National oversight bodies : the proposal provides that Member States designate a single national authority in charge of monitoring, implementation and control of public procurement. Knowledge centres : the proposal obliges Member States to provide support structures offering legal and economic advice, guidance, training and assistance in preparing and conducting procurement procedures. To reinforce the fight against corruption and favouritism, contracting authorities will be obliged to transmit the text of concluded contracts to the oversight body. However, the creation of disproportionate administrative burden must be avoided; the obligation to transmit the full text of concluded contracts should therefore remain limited to relatively high value contracts. The thresholds proposed would strike the right balance between increasing administrative burden and ensuring greater transparency: with a threshold of EUR 1 000 000 for supplies and services, and of EUR 10 000 000, this obligation would apply to 10 - 20 % of all procurement published in the Official Journal. Administrative cooperation : the proposal provides also for effective cooperation allowing national oversight bodies to share information and best practices and to cooperate through the Internal Market Information System (IMI).
BUDGETARY IMPLICATION: the proposal has no budgetary implications for the EU.
DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU).
PURPOSE: to modernise existing public procurement legislation in order to make it better suited to deal with the evolving political, social and economic context.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: p ublic procurement plays an important role in the overall economic performance of the European Union. In Europe, public authorities spend around 18 % of GDP on supplies, works and services. Given the volume of purchases, public procurement can be used as a powerful lever for achieving a Single Market fostering smart, sustainable and inclusive growth.
A comprehensive economic evaluation has shown that the public procurement Directives have achieved their objectives to a considerable extent. They have resulted in greater transparency and higher levels of competition while achieving measurable savings through lower prices.
The Commission published on 27 January 2011 a Green Paper on the modernisation of EU public procurement policy — Towards a more efficient European Procurement Market launching a broad public consultation on options for legislative changes to make the award of contracts easier and more flexible and enable public contracts to be put to better use in support of other policies.
A very large majority of stakeholders appreciated the initiative of the Commission to review the current public procurement policy . They voiced demand for a review of the public procurement directives to simplify the rules, increase their efficiency and effectiveness and make them better suited to deal with the evolving political, social and economic context.
This proposal has two complementary objectives:
Increase the efficiency of public spending to ensure the best possible procurement outcomes in terms of value for money. This implies in particular a simplification and flexibilisation of the existing public procurement rules. Streamlined, more efficient procedures will benefit all economic operators and facilitate the participation of SMEs and cross-border bidders. Allow procurers to make better use of public procurement in support of common societal goals such as protection of the environment, higher resource and energy efficiency, combating climate change, promoting innovation, employment and social inclusion and ensuring the best possible conditions for the provision of high quality social services.
This initiative implements the Europe 2020 strategy for smart, sustainable and inclusive growth and the Europe 2020 Flagship Initiatives on a Digital Agenda for Europe , the Innovation Union , an Integrated Industrial Policy for the Globalisation Era , Energy 2020 and a Resource Efficient Europe . It also implements the Single Market Act , in particular its twelfth key action ‘Revised and Modernised Public Procurement Legislative Framework’.
Together with the proposed new utilities Directive , the proposal will replace Directives 2004/17/EC and 2004/18/EC as the core elements of the European Union public procurement legislative framework.
IMPACT ASSESSMENT: the impact assessment and its executive summary give an overview of the different options for each of the five groups of basic problems (administrative organisation, scope, procedures, strategic procurement and access to procurement markets).
Based on an analysis of the advantages and disadvantages of the different options, a package of preferred options was identified that should optimise the synergies between the different solutions allowing savings due to one type of action to neutralise related costs caused by another (e.g. possible increased procedural requirements caused by strategic procurement actions could partially be neutralised by savings related to the improved design of procurement procedures). These preferred options form the basis of the present proposal.
LEGAL BASIS: Article 53(1), Article 62 and Article 114 of the TFEU.
CONTENT: the main axes of the proposal are as follows:
(1) Simplification and flexibilisation of procurement procedures
Clarification of scope:
the basic concept of ‘procurement’ has been newly introduced in order to better determine the scope and purpose of procurement law and to facilitate the application of the thresholds. The definitions of certain key notions determining the scope of the Directive (such as body governed by public law, public works and service contracts, mixed contracts) have been revised in the light of the case-law of the Court of Justice; the traditional distinction between so-called prioritary and non-prioritary services (‘A’ and ‘B’ services) will be abolished . However, it became also clear that the regular procurement regime is not adapted to social services which need a specific set of rules.
Toolbox approach:
Member State systems will provide two basic forms of procedure , open and restricted procedure. They may, in addition, foresee, subject to certain conditions, the competitive procedure with negotiation, the competitive dialogue and/or the innovation partnership, a new form of procedure for innovative procurement; contracting authorities will furthermore have at their disposal a set of six specific procurement techniques and tools intended for aggregated and electronic procurement: framework agreements, dynamic purchasing systems, electronic auctions, electronic catalogues, central purchasing bodies and joint procurement. Compared to the existing Directive, these tools have been improved and clarified with a view to facilitating e‑procurement.
Lighter regime for sub-central contracting authorities:
in line with the WTO Government Procurement Agreement, the proposal provides a simplified procurement regime that applies to all contracting authorities below the central government level, such as local and regional authorities. These purchasers may use a prior information notice as a means of calling for competition. If they make use of this faculty, they don’t have to publish a separate contract notice before launching the procurement procedure.
Promotion of e-procurement:
the proposal aims at helping Member States to achieve the switchover to e-procurement enabling suppliers to take part in online procurement procedures across the Internal Market. It provides for the mandatory transmission of notices in electronic form, the mandatory electronic availability of the procurement documents and imposes the switch to fully electronic communication, in particular e-submission, in all procurement procedures within a transition period of two years.
Modernisation of procedures:
time-limits for participations and submission of offers have been shortened . The distinction between selection of tenderers and award of the contract which is often a source of errors and misunderstandings has been made more flexible, allowing it for contracting authorities to decide on the most practical sequencing by examining award criteria before selection criteria and to take into account the organisation and quality of the staff assigned to performing the contract as an award criterion; the grounds for exclusion of candidates and tenderers have been reviewed and clarified . Contracting authorities will be entitled to exclude economic operators which have shown significant or persistent deficiencies in performing prior contracts. The proposal provides also for the possibility of ‘self-cleaning’: contracting authorities may accept candidates or tenderers in spite of the existence of an exclusion ground if they have taken appropriate measures to remedy the consequences of any illicit behaviour and effectively prevent further occurrences of the misbehaviour; the modification of contracts during their term has become an increasingly relevant and problematic issue for practitioners. A specific provision on modification of contracts takes up the basic solutions developed by case-law and provides a pragmatic solution for dealing with unforeseen circumstances requiring an adaption of a public contract during its term.
(2) Strategic use of public procurement in response to new challenges: the proposed Directive is based on enabling approach providing contracting authorities with the instruments needed to contribute to the achievement of the Europe 2020 strategic goals by using their purchasing power to procure goods and services that foster innovation, respect the environment and combat climate change while improving employment, public health and social conditions.
Life-cycle costing : the proposal gives public purchasers the possibility to base their award decisions on life-cycle costs of the products, services or works to be purchased . Production process : contracting authorities may refer to all factors directly linked to the production process in the technical specifications and in the award criteria, as long as they refer to aspects of the production process which are closely related to the specific production or provision of the good or service purchased. This excludes requirements not related to the process of producing the products, works or services covered by the procurement, such as general corporate social responsibility requirements covering the whole operation of the contractor. Labels : contracting authorities may require that works, supplies or services bear specific labels certifying environmental, social or other characteristics, provided that they accept also equivalent labels. Sanctioning violations of mandatory social, labour or environmental law : under the proposed Directive, a contracting authority can exclude economic operators from the procedure, if it identifies infringements of obligations established by Union legislation in the field of social, labour or environmental law or of international labour law provisions. Social services : The evaluation on the impact and effectiveness of EU public procurement legislation has shown that social, health and education services have specific characteristics which make them inappropriate for the application of the regular procedures for the award of public service contracts. These services are typically provided within a specific context that varies widely between Member States due to different administrative, organisational and cultural circumstances. The services have, by their very nature, only a very limited cross-border dimension. Member States should therefore have large discretion to organise the choice of service providers. The proposal takes account of this by providing a specific regime for public contracts for these services, with a higher threshold of EUR 500 000 and imposing only the respect of basic principles of transparency and equal treatment. Innovation : the proposal provides for this purpose the innovation partnership, a new special procedure for the development and subsequent purchase of new, innovative products, works and services, provided they can be delivered to agreed performance levels and costs.
(3) Better access to the market for SMEs and Start-ups
Simplification of information obligations : the proposal provides for the mandatory acceptance of self-declarations as prima-facie evidence for selection purposes. The actual production of documentary evidence will be facilitated by a standardised document, the European Procurement Passport which is a means of proof for the absence of grounds for exclusion.
Division into lots : contracting authorities will be invited to divide public contracts into — homogeneous or heterogeneous — lots to make them more accessible for SMEs. Limitation on requirements for participation : to avoid unjustified barriers in the way of participation by SMEs, the proposed Directive contains an exhaustive list of possible conditions for participation in procurement procedures. Turnover requirements which are frequently a formidable obstacle to access by SMEs are explicitly limited to three times the estimated contract value, except in duly justified cases. Finally, any conditions for participation by groups of economic operators — an instrument of particular relevance for SMEs — must be justified by objective reasons and proportionate. Direct payment of subcontractors : Member State can provide that subcontractors may request for direct payment by the contracting authority of supplies, works and services provided to the main contractor in the context of the contract performance.
(4) Sound procedures
Conflicts of interest : the proposal contains a specific provision on conflicts of interest covering actual, potential or perceived conflict of interest situations affecting staff members of the contracting authority or of procurement service providers intervening in the procedure and members of the contracting authority’s management who may influence the outcome of a procurement procedure even if they are not formally involved in it. Illicit conduct : the proposal contains a specific provision against illicit behaviour by candidates and tenderers, such as attempts to improperly influence the decision-making process or entering into agreements with other participants to manipulate the outcome of the procedure have to be excluded from the procedure. Unfair advantages : the proposal contains a specific provision on safeguards against undue preference in favour of participants who have advised the contracting authority or been involved in the preparation of the procedure.
(5) Governance
National oversight bodies : the proposal provides that Member States designate a single national authority in charge of monitoring, implementation and control of public procurement. Knowledge centres : the proposal obliges Member States to provide support structures offering legal and economic advice, guidance, training and assistance in preparing and conducting procurement procedures. To reinforce the fight against corruption and favouritism, contracting authorities will be obliged to transmit the text of concluded contracts to the oversight body. However, the creation of disproportionate administrative burden must be avoided; the obligation to transmit the full text of concluded contracts should therefore remain limited to relatively high value contracts. The thresholds proposed would strike the right balance between increasing administrative burden and ensuring greater transparency: with a threshold of EUR 1 000 000 for supplies and services, and of EUR 10 000 000, this obligation would apply to 10 - 20 % of all procurement published in the Official Journal. Administrative cooperation : the proposal provides also for effective cooperation allowing national oversight bodies to share information and best practices and to cooperate through the Internal Market Information System (IMI).
BUDGETARY IMPLICATION: the proposal has no budgetary implications for the EU.
DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU).
Documents
- Follow-up document: COM(2021)0245
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Directive 2014/24
- Final act published in Official Journal: OJ L 094 28.03.2014, p. 0065
- Draft final act: 00074/2013/LEX
- Commission response to text adopted in plenary: SP(2014)167
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0025/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0007/2013
- Contribution: COM(2011)0896
- Committee report tabled for plenary, 1st reading: A7-0007/2013
- Debate in Council: 3208
- Contribution: COM(2011)0896
- Committee opinion: PE489.618
- Committee opinion: PE492.617
- Committee of the Regions: opinion: CDR0099/2012
- Committee opinion: PE486.034
- Committee opinion: PE485.939
- Committee opinion: PE491.265
- Committee opinion: PE492.628
- Committee opinion: PE487.738
- Amendments tabled in committee: PE492.857
- Amendments tabled in committee: PE492.858
- Amendments tabled in committee: PE492.859
- Amendments tabled in committee: PE492.860
- Amendments tabled in committee: PE492.869
- Contribution: COM(2011)0896
- Debate in Council: 3169
- Committee draft report: PE483.468
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Debate in Council: 3147
- Legislative proposal: COM(2011)0896
- Legislative proposal: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1585
- Document attached to the procedure: SEC(2011)1586
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2011)0896
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2011)0896 EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2011)1585
- Document attached to the procedure: SEC(2011)1586 EUR-Lex
- Committee draft report: PE483.468
- Amendments tabled in committee: PE492.857
- Amendments tabled in committee: PE492.858
- Amendments tabled in committee: PE492.859
- Amendments tabled in committee: PE492.860
- Amendments tabled in committee: PE492.869
- Committee opinion: PE487.738
- Committee opinion: PE491.265
- Committee opinion: PE492.628
- Committee opinion: PE485.939
- Committee opinion: PE486.034
- Committee of the Regions: opinion: CDR0099/2012
- Committee opinion: PE489.618
- Committee opinion: PE492.617
- Committee report tabled for plenary, 1st reading/single reading: A7-0007/2013
- Commission response to text adopted in plenary: SP(2014)167
- Draft final act: 00074/2013/LEX
- Follow-up document: COM(2021)0245 EUR-Lex
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
- Contribution: COM(2011)0896
Activities
- Jürgen CREUTZMANN
Plenary Speeches (2)
- 2016/11/22 Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
- 2016/11/22 Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
- Matteo SALVINI
Plenary Speeches (2)
- 2016/11/22 Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
- 2016/11/22 Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
- Raffaele BALDASSARRE
- Regina BASTOS
- Zigmantas BALČYTIS
- Elena BĂSESCU
- Gerard BATTEN
- Françoise CASTEX
- Sergio Gaetano COFFERATI
- Anna Maria CORAZZA BILDT
- António Fernando CORREIA DE CAMPOS
- Silvia COSTA
- Isabelle DURANT
- Frank ENGEL
- Sari ESSAYAH
- Edite ESTRELA
- Ildikó GÁLL-PELCZ
- Giuseppe GARGANI
- Bruno GOLLNISCH
- Mikael GUSTAFSSON
- Cristina GUTIÉRREZ-CORTINES
- Malcolm HARBOUR
- Eduard-Raul HELLVIG
- Anneli JÄÄTTEENMÄKI
- Romana JORDAN
- Patricia van der KAMMEN
- Werner LANGEN
- Eva LICHTENBERGER
- Petru Constantin LUHAN
- Vladimír MAŇKA
- Iosif MATULA
- Zofija MAZEJ KUKOVIČ
- Alajos MÉSZÁROS
- Miroslav MIKOLÁŠIK
- Claudio MORGANTI
- Krisztina MORVAI
- Paul MURPHY
- Franz OBERMAYR
- Pier Antonio PANZERI
- Sandra PETROVIĆ JAKOVINA
- Andrej PLENKOVIĆ
- Phil PRENDERGAST
- Mitro REPO
- Heide RÜHLE
- Ovidiu Ioan SILAGHI
- Francisco SOSA WAGNER
- Jutta STEINRUCK
- Catherine STIHLER
- Claude TURMES
- Bernadette VERGNAUD
- Alejo VIDAL-QUADRAS
- Oldřich VLASÁK
- Barbara WEILER
- Josef WEIDENHOLZER
- Åsa WESTLUND
- Sabine WILS
- Janusz WOJCIECHOWSKI
- Janusz ZEMKE
Votes
A7-0007/2013 - Marc Tarabella - Résolution législative #
Amendments | Dossier |
2449 |
2011/0438(COD)
2012/06/13
ITRE
221 amendments...
Amendment 100 #
Proposal for a directive Article 16 – paragraph 1 – subparagraph 2 Amendment 101 #
Proposal for a directive Article 19 – paragraph 1 – subparagraph 2 Member States may make mandatory the use of electronic means of communication in other situations than those provided for in Articles 32, 33, 34, 35(2), 49(2) or 51 of this Directive, provided that they do not represent an insurmountable obstacle for SMEs and microenterprises.
Amendment 102 #
Proposal for a directive Article 22 Amendment 103 #
Proposal for a directive Article 23 a (new) Article 23a A service voucher system 1. In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. 2. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. 3. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. 4. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 104 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 3 Member States
Amendment 105 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 4 – introductory part They may also provide that contracting authorities may use a competitive procedure
Amendment 106 #
Proposal for a directive Article 25 – paragraph 3 3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 2
Amendment 107 #
Proposal for a directive Article 25 – paragraph 4 4. The contracting authority may reduce by
Amendment 110 #
Proposal for a directive Article 27 – paragraph 4 – subparagraph 2 a (new) Member States shall ensure that the non compliance of the obligation of neutrality by contracting authorities is punished with a sanction.
Amendment 111 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 2 The minimum time limit for receipt of requests to participate shall be
Amendment 112 #
Proposal for a directive Article 28 – paragraph 2 a (new) Amendment 113 #
Proposal for a directive Article 28 – paragraph 4 4. Competitive dialogues may take place in successive stages in order to reduce the number of solutions to be discussed during the dialogue stage by applying the award criteria defined in the contract notice or in the descriptive document. In the contract notice or the descriptive document, the contracting authority shall indicate whether it will use this option.
Amendment 114 #
Proposal for a directive Article 28 – paragraph 6 6. Having declared that the dialogue is concluded and having so informed the participants, contracting authorities shall ask
Amendment 115 #
Proposal for a directive Article 29 – paragraph 1 1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works provided that they correspond to the agreed performance levels and costs. A contracting authority should clearly describe which intellectual property rights, if any, it wants to acquire as a result of the contract either in advance, as part of the contract notice, the descriptive document or the invitation to confirm interest, or at a later stage as part of the contract negotiation.
Amendment 116 #
Proposal for a directive Article 29 – paragraph 1 a (new) 1a. Contracting authorities should not foreclose the market by pre-determining the innovative solution they are seeking, but rather they should be open to a range of different solutions to a given problem in order to incentivise the most innovative ideas.
Amendment 117 #
Proposal for a directive Article 29 – paragraph 2 2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up to the manufacturing of the supply or the provision of the services. It shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting authority may decide either to contract on a phase by phase basis with the potential for different partners for different stages of the process, or it may decide to contract for multiple phases with the same partner or partners. The contracting authority may also decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phase or phases, provided that
Amendment 118 #
Proposal for a directive Article 29 – paragraph 3 – subparagraph 1 The contract shall be awarded in accordance with the rules for a competitive
Amendment 119 #
Proposal for a directive Article 29 – paragraph 3 – subparagraph 3 Only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority
Amendment 120 #
Proposal for a directive Article 30 – paragraph 2 – subparagraph 1 – point c Amendment 121 #
Proposal for a directive Article 30 – paragraph 3 – point b (b) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance; the duration of such contracts as well as that of recurrent contracts shall not
Amendment 122 #
Proposal for a directive Article 32 – paragraph 2 2. In order to award contracts under a dynamic purchasing system, contracting authorities shall follow the rules of the
Amendment 123 #
Proposal for a directive Article 33 – paragraph 5 – subparagraph 3 All tenderers that have submitted admissible tenders shall be invited simultaneously by electronic means to participate in the electronic auction using, as of the specified date and time, the connections in accordance with the instructions set out in the invitation. The electronic auction may take place in a number of successive phases. The electronic auction shall not start sooner than
Amendment 124 #
Proposal for a directive Article 34 – paragraph 5 – subparagraph 2 Contracting authorities shall allow for an adequate period of a minimum of five working days between the notification and the actual collection of information.
Amendment 125 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 1 The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the
Amendment 126 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 2 Amendment 127 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 2 Amendment 128 #
Proposal for a directive Article 40 – paragraph 1a (new) 1a. Technical specifications may also include, as appropriate, requirements relating to:
Amendment 129 #
Proposal for a directive Article 40 – paragraph 1a – point a (new) (a) performance, including levels of environmental and climate performance and performance in terms of socially sustainable production process;
Amendment 130 #
Proposal for a directive Article 40 – paragraph 1a – point b (new) (b) life-cycle characteristics;
Amendment 131 #
Proposal for a directive Article 40 – paragraph 1a – point c (new) (c) socially sustainable production process;
Amendment 132 #
Proposal for a directive Article 40 – paragraph 1a – point d (new) (d) the organisation, qualification and experience of the staff assigned to performing the contract in question;
Amendment 133 #
Proposal for a directive Article 40 – paragraph 1a – point e (new) (e) safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and assessment methods, packaging, marking and labelling, user instructions;
Amendment 134 #
Proposal for a directive Article 40 – paragraph 1a – point f (new) (f) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve.
Amendment 135 #
Proposal for a directive Article 40 – paragraph 3 – introductory part 3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical specifications shall be formulated in
Amendment 136 #
Proposal for a directive Article 40 – paragraph 3 – point b (b)
Amendment 137 #
Proposal for a directive Article 40 – paragraph 3 – point c Amendment 138 #
Proposal for a directive Article 40 – paragraph 3 – point d Amendment 139 #
Proposal for a directive Article 40 – paragraph 4 4.
Amendment 140 #
Proposal for a directive Article 40 – paragraph 6 – subparagraph 1 Where a contracting authority uses the option laid down in point (
Amendment 141 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – introductory part Where contracting authorities lay down environmental
Amendment 142 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point a (a) the requirements for the label only concern characteristics which are directly linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 143 #
Proposal for a directive Article 41 – paragraph 2 Amendment 144 #
Proposal for a directive Article 42 – paragraph 2 2. Contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits.
Amendment 145 #
Proposal for a directive Article 43 – paragraph 1 1. Contracting authorities
Amendment 146 #
Proposal for a directive Article 43 – paragraph 1 1. Contracting authorities may authorise tenderers to submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants.
Amendment 147 #
Proposal for a directive Article 43 – paragraph 2 2. Contracting authorities
Amendment 148 #
Proposal for a directive Article 43 – paragraph 3 – subparagraph 2 In procedures for awarding public supply or service contracts, contracting authorities
Amendment 149 #
Proposal for a directive Article 44 – paragraph 1 – subparagraph 1 Amendment 150 #
Proposal for a directive Article 44 – paragraph 1 – subparagraph 1 Public contracts
Amendment 151 #
Proposal for a directive Article 44 – paragraph 4 Amendment 152 #
Proposal for a directive Article 46 – paragraph 1 1. Contracting authorities
Amendment 153 #
Proposal for a directive Article 46 – paragraph 2 – subparagraph 1 – introductory part For
Amendment 154 #
Proposal for a directive Article 46 – paragraph 2 – subparagraph 1 – point b (b) it indicates that the contract will be awarded by
Amendment 155 #
Proposal for a directive Article 47 – paragraph 1 All contracting authorities
Amendment 156 #
Proposal for a directive Article 52 – paragraph 1 – subparagraph 1 In
Amendment 157 #
Proposal for a directive Article 54 – paragraph 2 2. Contracting authorities
Amendment 158 #
Proposal for a directive Article 54 – paragraph 3 – subparagraph 1a (new) Contracting authorities may consider small and medium-sized enterprises.
Amendment 159 #
Proposal for a directive Article 55 – paragraph 1 – subparagraph 1 – point e a (new) Amendment 160 #
Proposal for a directive Article 55 – paragraph 1 – subparagraph 1 – point e a (new) (ea) where rules are such that they contravene the principle of trade reciprocity enabling any EU enterprise to tender in the public procurement market in the candidate or tenderer’s country of origin;
Amendment 161 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – introductory part A contracting authority
Amendment 162 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a (a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law established by Union or national legislation and by collective agreements applicable to the place of work or service or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 163 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a (a) where it
Amendment 164 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point b a (new) (ba) where the economic operator is from a third country that fails to open its own public procurement markets to the EU's companies;
Amendment 165 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point c (c) where the contracting authority can
Amendment 166 #
Proposal for a directive Article 55 – paragraph 3 a (new) 3a. A contracting authority shall exclude from participation in a public contract any economic operator if one of the conditions set out in paragraphs 1, 2 or 3 of this article is fulfilled in respect of a subcontractor proposed by the economic operator in accordance with Article 71.
Amendment 167 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 1 – point c a (new) (ca) compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed.
Amendment 168 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 3 Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. All requirements shall be directly related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.
Amendment 169 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 3 Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. All requirements shall be directly related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.
Amendment 170 #
Proposal for a directive Article 59 – paragraph 3 3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data
Amendment 171 #
Proposal for a directive Article 59 – paragraph 4 4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than
Amendment 172 #
Proposal for a directive Article 61 – title Quality assurance standards and environmental and social management standards
Amendment 173 #
Proposal for a directive Article 61 – paragraph 2 a (new) 2a. Contracting authorities may require the production of certificates drawn up by independent bodies attesting that the economic operator and any sub- contractors comply with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 174 #
Proposal for a directive Article 61 – paragraph 3 3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality
Amendment 175 #
Proposal for a directive Article 62 – paragraph 1 – subparagraph 1 With regard to criteria relating to economic and financial standing as set out pursuant to Article 56(3), and to criteria relating to technical and professional ability as set out pursuant to Article 56(4), an economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It shall in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect.
Amendment 176 #
Proposal for a directive Article 62 – paragraph 2 Amendment 177 #
Proposal for a directive Article 62 – paragraph 2 Amendment 179 #
Proposal for a directive Article 64 – paragraph 1 – subparagraph 1 In
Amendment 180 #
Proposal for a directive Article 64 – paragraph 2 – subparagraph 1 In the
Amendment 181 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a (a) the
Amendment 182 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 183 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b (b) the lowest life-cycle cost.
Amendment 184 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b (b) the lowest
Amendment 185 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 2 Amendment 186 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 2 Amendment 187 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 2 Costs may be assessed, on the choice of the contracting authority, on the basis of the price only in case of highly standardised products or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.
Amendment 188 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The
Amendment 189 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price
Amendment 190 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria directly linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria directly linked to the subject-matter of the public contract in question, such as:
Amendment 191 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character including inter alia additional innovative solutions that are in addition to minimum requirements laid down in the contract notice, the descriptive document or the invitation to confirm interest;
Amendment 192 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, energy efficiency performance, design for all users, environmental characteristics and innovative character;
Amendment 193 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) life-cycle cost and quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character;
Amendment 194 #
Proposal for a directive Article 66 – paragraph 2 – point a a (new) (aa) socially sustainable production process
Amendment 195 #
Proposal for a directive Article 66 – paragraph 2 – point b Amendment 196 #
Proposal for a directive Article 66 – paragraph 2 – point d a (new) (da) impact of the contract on sustainable development, including in any stage of the life-cycle. such impact need not to be monetised provided that the criteria used comply with paragraph 4.
Amendment 197 #
Proposal for a directive Article 66 – paragraph 2 – point d a (new) (da) the specific local origin of the requested works, supplies or services or of any other stage of their life cycle, in accordance with the principles upheld by the treaties.
Amendment 198 #
Proposal for a directive Article 66 – paragraph 3 3. Member States may provide that the award of certain types of contracts shall be based on the
Amendment 199 #
Proposal for a directive Article 66 – paragraph 4 4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority.
Amendment 200 #
Proposal for a directive Article 67 – paragraph 1 – point a (a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs and availability of the resource in question, and end of life, such as collection and recycling costs and
Amendment 201 #
Proposal for a directive Article 67 – paragraph 1 – point a (a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs, and end of life, such as collection and recycling costs
Amendment 202 #
Proposal for a directive Article 67 – paragraph 1 – point b Amendment 203 #
Proposal for a directive Article 67 – paragraph 1 – point b Amendment 204 #
Proposal for a directive Article 69 – paragraph 1 – introductory part 1.
Amendment 205 #
Proposal for a directive Article 69 – paragraph 1 – point a Amendment 206 #
Proposal for a directive Article 69 – paragraph 1 – point b Amendment 207 #
Proposal for a directive Article 69 – paragraph 1 – point c Amendment 208 #
Proposal for a directive Article 69 – paragraph 1 – point c Amendment 209 #
Proposal for a directive Article 69 – paragraph 3 – point d a (new) (da) compliance with rules and standards in the field of health and safety, social and labour law laid down in Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 210 #
Proposal for a directive Article 69 – paragraph 3 – point e a (new) (ea) Other aspects which sufficiently explain the abnormally low cost of the tender.
Amendment 211 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 1 Amendment 212 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 2 Amendment 213 #
Proposal for a directive Article 69 – paragraph 5 5. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender
Amendment 214 #
Proposal for a directive Article 69 – paragraph 6 Amendment 215 #
Proposal for a directive Article 70 – paragraph 1 Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications and are of a direct relevance to the contract's works, goods or services. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 216 #
Proposal for a directive Article 71 Amendment 217 #
Proposal for a directive Article 71 Amendment 218 #
Proposal for a directive Article 71 Amendment 219 #
Proposal for a directive Article 71 – paragraph 1 1. In the procurement documents, the
Amendment 220 #
Proposal for a directive Article 71 – paragraph 1 a (new) 1a. Member States shall limit the possibility for a tenderer to subcontract any parts of the works, services to be performed or goods to be delivered to three successive levels of subcontracting.
Amendment 221 #
Proposal for a directive Article 71 – paragraph 2 2. Member States may provide that
Amendment 222 #
Proposal for a directive Article 72 – paragraph 2 – point b Amendment 223 #
Proposal for a directive Article 73 – paragraph 1 – point c Amendment 224 #
Proposal for a directive Article 74 Amendment 225 #
Proposal for a directive Article 75 Amendment 226 #
Proposal for a directive Article 76 a (new) Article 76a Green Public Procurement 1. In order to encourage the most energy- efficient office equipment products, the Commission and other Community institutions, as well as other public authorities at national level, should, without prejudice to Community and national law and economic criteria, use energy-efficient requirements not less demanding than the Energy Star Common Specifications, as defined in Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008, when purchasing office equipment products 2. Contracting authorities which conclude procurement contracts covered by this Directive, should only procure products which are classified in the highest performance levels under specific implementing measures of the Energy Labelling Directive (Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010). 3. In case contracting authorities choose products of lower performance level than set out in point a) and b) of this article, this decision shall be separately justified with regard to the full lifecycle cost of the contract. 4. When public bodies purchase products, systems, services and buildings, Member States shall ensure that they purchase products, systems, services and buildings with high energy efficiency performance, based on a whole lifecycle analysis as referred to Article 67. Without prejudice to Article 5 of the Energy Efficiency Directive, when purchasing or renting a collection or group of products, systems, services or buildings, the aggregate energy efficiency should take priority over the energy efficiency of an individual purchase, taking into account technical suitability and intended use.
Amendment 227 #
Proposal for a directive Article 81 The jury shall be composed exclusively of natural persons who are independent of participants in the contest. Where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification. Gender equality should be seeked in the composition of the jury.
Amendment 228 #
Proposal for a directive Article 83 In conformity with Council Directive 89/665/EEC, Member States shall ensure correct application of this Directive
Amendment 231 #
Proposal for a directive Article 84 – paragraph 1 – subparagraph 1 Member States shall appoint
Amendment 232 #
Proposal for a directive Article 84 a (new) Article 84a By the end of 2013 the Commission shall submit a report on the differing procedures used to award contracts with a value below the thresholds laid down in Article 12, in particular as regards services currently regarded as non- priority.
Amendment 234 #
Proposal for a directive Article 85 – paragraph 2 The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract. The report shall be made public.
Amendment 235 #
Proposal for a directive Article 87 – paragraph 2 2. With a view to improving access to public procurement for economic operators, in particular SMEs and civil society, and in order to facilitate correct understanding of the provisions of this Directive, Member States shall ensure that appropriate assistance can be obtained, including by electronic means or using existing networks dedicated to business assistance. The support also includes joint offers made by different actors.
Amendment 236 #
Proposal for a directive Article 91 – paragraph 1 1. The Commission shall be assisted by the Advisory Committee for Public Contracts established by Council Decision 71/306/EEC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Gender equality shall be promoted in the composition of the committee.
Amendment 237 #
Proposal for a directive Article 94 – paragraph 1 The Commission shall review the economic effects on the internal market resulting from the application of the thresholds set in Article 4 and report thereon to the European Parliament and the Council by 30 June 201
Amendment 238 #
Proposal for a directive Annex VIII – paragraph 1 – point b (b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions
Amendment 239 #
Proposal for a directive Annex XIII – point a (a) Identification of the economic operator; company registration number, name, address and bank;
Amendment 240 #
Proposal for a directive Annex XIII – point a a (new) (aa) Description of the company: year of establishment, corporate form, owner(s), members of the board, industry code, short description of the main services and/or production of the company;
Amendment 241 #
Proposal for a directive Annex XIII – point c a (new) (ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes, social security systems according to individual Member States laws etc,:
Amendment 242 #
Proposal for a directive Annex XIII – point d a (new) (da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio. Start-up companies will be in compliance with this requirement when information from start-up till present date is adopted into their Public Procurement Passport;
Amendment 243 #
Proposal for a directive Annex XIII – point d b (new) (db) Key organizational indicators of the economic operator: average number of employees during last three years, and number of employees by the end of last year. Start-up companies will be in compliance with this requirement when information from start-up till present date is adopted into their Public Procurement Passport;
Amendment 244 #
Proposal for a directive Annex XIII – point f (f) Indication of the period of validity of the Passport, which shall be not less than
Amendment 245 #
Proposal for a directive Annex XVI – row 2 – column 1 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and
Amendment 246 #
Proposal for a directive Annex XVI – rows 8 a (new) and 8 b (new) From 74110000-3 to 74114000-1 Legal services Other services
Amendment 26 #
Proposal for a directive Recital 1 (1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition. This will require a high degree of flexibility for Member states in order to promote effective and suitable solutions.
Amendment 27 #
Proposal for a directive Recital 1 (1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular the free movement of goods, freedom of establishment and the
Amendment 28 #
Proposal for a directive Recital 1 (1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality
Amendment 29 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to
Amendment 30 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to
Amendment 31 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and
Amendment 32 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service
Amendment 33 #
Proposal for a directive Recital 5 (5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and the concepts of the socially-sustainable production process must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development and ensuring, throughout the supply chain, compliance with rules on public health and safety, social standards and national and Union labour laws. This
Amendment 34 #
Proposal for a directive Recital 5 (5)
Amendment 35 #
Proposal for a directive Recital 5 (5) Under Article 11 of the Treaty on the Functioning of the European Union, environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development,
Amendment 36 #
Proposal for a directive Recital 5 a (new) (5a) Contracting authorities have broad discretion to choose the technical specifications that define the supplies, services, or works they seek to procure. Further, they have broad discretion to use both technical specifications and award criteria to achieve a contracting authority's objectives, including specifications and criteria designed to achieve more sustainable public procurement. Technical specifications and award criteria, including those relating to sustainability objectives, must be linked to the subject matter of the procurement contract. Provided that the link to the subject matter rule is satisfied, this Directive is not intended to further constrain the types of concerns that a contracting authority can address through technical specifications or award criteria.
Amendment 37 #
Proposal for a directive Recital 7 (7) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure,
Amendment 38 #
Proposal for a directive Recital 7 (7) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure,
Amendment 39 #
Proposal for a directive Recital 7 a (new) (7a) In view of the need to promote participation in cross-border public procurement procedures by economic operators in the Union, it is necessary for Member States to transpose and apply the provisions of the Services Directive properly and punctually.
Amendment 40 #
Proposal for a directive Recital 8 (8) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) approved in particular the World Trade Organisation Agreement on Government Procurement, hereinafter referred to as the ‘Agreement’. The aim of the Agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts affording equal access to the markets on both sides and equal competitive conditions for economic operators based within the EU and those based in third countries, with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the Agreement, as well as by other relevant international agreements by which the Union is bound, contracting authorities fulfil the obligations under these agreements by applying this Directive to economic operators of third countries that are signatories to the agreements.
Amendment 41 #
Proposal for a directive Recital 8 (8) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994), approved in particular the World Trade Organisation Agreement on Government Procurement, hereinafter referred to as the
Amendment 42 #
Proposal for a directive Recital 8 a (new) (8a) The Union needs an effective instrument to, on the one hand, encourage compliance with the principle of reciprocity in relation to third countries which do not provide equivalent access to European economic operators, particularly through an assessment of substantial reciprocity to be carried out by the Commission, and, on the other hand, ensure fair competition and a level playing field.
Amendment 43 #
Proposal for a directive Recital 9 a (new) (9a) Furthermore, the Union needs an effective instrument to, on the one hand, encourage compliance with the principle of reciprocity and equality in relation to third countries which do not provide equivalent access to European Union economic operators, particularly through an assessment of substantial reciprocity by the Commission, and, on the other hand, ensure fair competition and a level playing field worldwide.
Amendment 44 #
Proposal for a directive Recital 10 a (new) (10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the Union procurement rules is no longer needed.
Amendment 45 #
Proposal for a directive Recital 11 (11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee. Member States and/or public authorities remain free to provide these services themselves or to organise social
Amendment 46 #
Proposal for a directive Recital 11 (11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR
Amendment 47 #
Proposal for a directive Recital 13 (13) Being addressed to Member States, this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account.
Amendment 48 #
Proposal for a directive Recital 15 Amendment 49 #
Proposal for a directive Recital 16 (16)
Amendment 50 #
Proposal for a directive Recital 17 (17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to spur R&D and innovation. Buying the R&D and deployment of innovative goods and services plays a key role in improving
Amendment 51 #
Proposal for a directive Recital 17 (17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth
Amendment 52 #
Proposal for a directive Recital 19 (19) Electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes. They should become the standard means of communication and information exchange in procurement procedures. The use of electronic means also leads to time savings. As a result, provision should be made for reducing the minimum periods where electronic means are used, subject, however, to the condition that they are compatible with the specific mode of transmission envisaged at Union level. Moreover, electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent, detect and correct errors that occur during procurement procedures. A reasonable period of time should be allowed for the move from paper to electronic means of communication, to allow the parties concerned the time needed for training.
Amendment 53 #
Proposal for a directive Recital 21 (21) The instrument of framework agreements has been widely used and is considered as an efficient procurement technique throughout Europe. It should therefore be maintained largely as is. However, certain concepts need to be clarified, in particular the conditions for the use of a framework agreement by
Amendment 54 #
Proposal for a directive Recital 26 (26) Joint awarding of public contracts by contracting authorities from different Member States currently encounters specific legal difficulties, with special reference to conflicts of national laws. Despite the fact that Directive 2004/18/EC implicitly allowed for cross-border joint public procurement, in practice several national legal systems have explicitly or implicitly rendered cross-border joint procurement legally uncertain or impossible. Contracting authorities from different Member States may be interested in cooperating and in jointly awarding public contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk-benefit sharing, not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting authority. Therefore new rules on cross-border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting
Amendment 55 #
Proposal for a directive Recital 27 (27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, the purpose of the technical specifications
Amendment 56 #
Proposal for a directive Recital 28 (28) Contracting authorities that wish to purchase works, supplies or services with specific environmental
Amendment 57 #
Proposal for a directive Recital 29 a (new) (29a) Necessary legislative measures should be taken in view of the low level of participation by small and medium-sized enterprises (SMEs) in public procurement in general, and more particularly in the innovation and services sector. Several actions should be considered in this regard, such as compliance with the principle of non-discrimination, ensuring measures regarding the nationality of enterprises are neutral; account taken of the competitiveness of tenders; the introduction of preferential measures to help competitive SMEs. Monitoring and reporting measures should also be introduced to improve statistical monitoring by sector and by value of the public contracts awarded to SMEs, and to make contractors more aware of SMEs and the difficulties the latter experience in accessing the public procurement market.
Amendment 58 #
Proposal for a directive Recital 29 a (new) (29a) The public procurement should follow the ‘think small first’ principle, and Member States should implement fully the European Code of Best Practices Facilitating Access by SMEs to Public Procurement Contracts.
Amendment 59 #
Proposal for a directive Recital 29 b (new) (29b) The importance of reciprocity in international trade needs to be reiterated together with the fact that the plurilateral Agreement on Government Procurement (GPA) plays a vital role in opening up public procurement (goods, services and construction contracts) to foreign competition and guarantees private tenderers transparent, fair and non- discriminatory conditions.
Amendment 60 #
Proposal for a directive Recital 30 (30) In order to foster the involvement of small and medium-sized enterprises (SMEs) in the public procurement market, contracting authorities should be encouraged to divide contracts into lots, and be obliged to state the reasons for not doing so. Where contracts are divided into lots, contracting authorities may, for instance in order to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tenderer. However, such division into lots may not be performed with the aim of evading procurement procedures laid down by law.
Amendment 61 #
Proposal for a directive Recital 30 (30) In order to foster the involvement of small and medium-sized enterprises (SMEs) and civil society in the public procurement market, contracting authorities should be encouraged to divide contracts into lots, and be obliged to state the reasons for not doing so. Where contracts are divided into lots, contracting authorities may, for instance in order to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tenderer.
Amendment 62 #
Proposal for a directive Recital 32 a (new) (32a) In addition to the specific new tools, which are introduced in this Directive to foster the involvement of SMEs in the public procurement market, member states and contracting authorities should continue to create SME-friendly public procurement strategies. Implementing and applying these new rules, which are more favourable to SMEs than the current regime, will not be sufficient as such. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193, which aims at encouraging member states to launch national strategies, programs and action plans in order to improve SMEs participation in these markets. In this spirit, national, regional and local authorities should rigorously apply the rules set in the directive and implement consistent general policies designated to enhance SMEs access to public procurement markets.
Amendment 63 #
Proposal for a directive Recital 37 (37)
Amendment 64 #
Proposal for a directive Recital 37 (37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions for highly standardised products.
Amendment 65 #
Proposal for a directive Recital 38 (38)
Amendment 66 #
Proposal for a directive Recital 39 (39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental,
Amendment 67 #
Proposal for a directive Recital 39 (39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment). In addition, the definition of common methodologies for life cycle costing has significantly advanced. It therefore appears appropriate to continue on that path, leaving it to sector-specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of
Amendment 68 #
Proposal for a directive Recital 39 (39)
Amendment 69 #
Proposal for a directive Recital 39 (39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In particular public procurement is key to driving innovation, which is of great importance for future growth in Europe. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment). In
Amendment 70 #
Proposal for a directive Recital 40 (40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies, for example measuring costs in relation to the energy saving potential of products or services. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non-
Amendment 71 #
Proposal for a directive Recital 40 (40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed
Amendment 72 #
Proposal for a directive Recital 40 a (new) (40a) When using a life-cycle costing approach to purchase energy efficient products and services, the energy efficiency of a collection or group of purchases as a whole should take priority over the energy efficiency of an individual purchase, taking into account technical suitability and intended use.
Amendment 73 #
Proposal for a directive Recital 41 (41)
Amendment 74 #
Proposal for a directive Recital 41 (41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the
Amendment 75 #
Proposal for a directive Recital 41 (41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are directly linked to the subject- matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of
Amendment 76 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are directly linked to the subject-
Amendment 77 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are
Amendment 78 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are directly linked to the subject-
Amendment 79 #
Proposal for a directive Recital 50 (50) Member States should designate
Amendment 80 #
Proposal for a directive Recital 55 (55) It is of particular importance that the Commission carries out appropriate consultations with relevant actors such as representatives for local and regional authorities, civil society, stakeholders etc, during its preparatory work, including at expert level. When preparing and drawing up delegated acts, the Commission should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 81 #
Proposal for a directive Article 2– point 1 a (new) (1a) ‘civil society’ means associational life operating in the space between the state and market, including individual participation, and the activities of non- governmental, voluntary and Union organisations;
Amendment 82 #
Proposal for a directive Article 2 – point 14 (14) ‘candidate’ means an economic operator that has sought an invitation or has been invited to take part in a
Amendment 83 #
Proposal for a directive Article 2 – point 22 (22) ‘life cycle’ means all consecutive and/or interlinked stages, including production and the place of production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.
Amendment 84 #
Proposal for a directive Article 2 – point 22 (22) ‘life cycle’ means all consecutive and/or interlinked stages, including production,
Amendment 85 #
Proposal for a directive Article 2 – points 22 a (new) and 22 b (new) (22a) 'socially sustainable production process' means a production process in which the provision of works, services and supplies complies with health and safety, social and labour law, rules and standards, in particular with regard to the principle of equal treatment at the workplace. (22b) ‘principle of equal treatment at the workplace’ refers to compliance with the applicable terms and conditions of employment, including health and safety, social and labour law, rules and standards, defined by Union and national legislation and collective agreements which apply where the provision of works, services and supplies takes place;
Amendment 86 #
Proposal for a directive Article 4 – point c (c) EUR
Amendment 87 #
Proposal for a directive Article 4 – point c (c) EUR
Amendment 88 #
Proposal for a directive Article 4 – point d (d) EUR
Amendment 89 #
Proposal for a directive Article 4 – paragraph 1 a (new) For works, goods and service contracts falling below these thresholds, Member States shall implement national procedures for open competitions that ensure compliance with the treaty principles of equal access, non- discrimination and transparency.
Amendment 90 #
Proposal for a directive Article 4 – paragraph 1 a (new) When awarding contracts which, by virtue of their value, are not covered by this Directive, national contracting entities shall be required to observe the principles of equal treatment, non-discrimination and transparency.
Amendment 91 #
Proposal for a directive Article 6 – paragraph 1a (new) 1a. The practical implementation of the Government Procurement Agreement (GPA), which forms part of the legal framework of public procurement in the European Union, is based on a previous assessment of the proper application of the principle of substantial reciprocity with regard to the opening of markets between the European Union and third signatory States. Such an assessment of substantial reciprocity is also extended to third countries which are not contracting parties to the GPA and have access to the European public procurement market.
Amendment 92 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1a. The practical implementation of the Agreement on Government Procurement (GPA) within the Union’s legislative framework on public procurement shall be based on a prior assessment of the correct application of the principle of substantial reciprocity in market opening between the Union and third country signatories. Such assessment of substantial reciprocity shall also be extended to third countries which are not party to the GPA, but have access to the market.
Amendment 93 #
Proposal for a directive Article 8 a (new) Article 8a Specific exclusions in the field of postal services 1. This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. 2. For the purposes of this Article: (a) ‘postal services’: means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (b)‘other services than postal services’: means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (i), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 94 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point b (b) a
Amendment 95 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point b (b) a
Amendment 96 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) the participating contracting authorities do not perform on the open market
Amendment 97 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 a (new) When the contract concerns waste incineration the percentages in points (1)(b), (3)(b) and (4)(c) of this Article is 50%.
Amendment 98 #
Proposal for a directive Article 15 – paragraph 1 Contracting authorities shall treat economic operators
Amendment 99 #
Proposal for a directive Article 15 – paragraph 1 Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate way, ensuring the most efficient use of public funds.
source: PE-491.205
2012/06/14
ENVI
139 amendments...
Amendment 100 #
Proposal for a directive Article 4 – paragraph 1 – point d (d) EUR
Amendment 101 #
Proposal for a directive Article 4 – paragraph 1 – point d (d) EUR 75
Amendment 102 #
Proposal for a directive Article 5 – paragraph 9 9. Contracting authorities may award contracts for individual lots without
Amendment 103 #
Proposal for a directive Article 10 – paragraph 1 – introductory part This Directive shall not apply to public service contracts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty. This Directive shall also not apply to public service contracts for:
Amendment 104 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point b (b) at least
Amendment 105 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point b (b) at least
Amendment 106 #
Proposal for a directive Article 11 – paragraph 5 a (new) 5 a. However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and is not subject to procurement rules.
Amendment 107 #
Proposal for a directive Article 11 – paragraph 5 b (new) 5b. This directive shall further not apply to contracts for the supply of goods or the provision services which are subject by law to a fixed price and in relation to which a public procurement procedure ipso facto holds no value.
Amendment 108 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 3 Member States may provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
Amendment 109 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 4 – introductory part Amendment 110 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 5 Amendment 111 #
Proposal for a directive Article 24 – paragraph 1 – subparagraph 5 Amendment 112 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 2 In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations.
Amendment 113 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 3 The minimum time limit for receipt of requests to participate shall be
Amendment 114 #
Proposal for a directive Article 27 – paragraph 3 – subparagraph 1 Contracting authorities shall negotiate with tenderers the tenders submitted by them to improve the content of the offers in order to better correspond to the award criteria and minimum requirements
Amendment 115 #
Proposal for a directive Article 27 – paragraph 3 – subparagraph 2 – point b Amendment 116 #
Proposal for a directive Article 27 – paragraph 3 – subparagraph 2 – point c (c) the main award criteria.
Amendment 117 #
Proposal for a directive Article 31 – paragraph 1 – subparagraph 3 Amendment 118 #
Proposal for a directive Article 31 – paragraph 2 Amendment 119 #
Proposal for a directive Article 31 – paragraph 3 Amendment 120 #
Proposal for a directive Article 31 – paragraph 4 Amendment 121 #
Proposal for a directive Article 31 – paragraph 5 Amendment 122 #
Proposal for a directive Article 34 a (new) Article 34 a Central website for electronic tendering In the interests of transparency, public authorities may publish information about the works which have been carried out, etc., on a central, European website established for the purpose, specifying amounts, quantities and the like, so that other public authorities can compare what has been paid for comparable works, etc., and base their invitations to tender on this information, which could cut costs and show up major discrepancies in the prices of contracts.
Amendment 123 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 1 The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required of a works, service or supply in order to achieve the use, sustainability and animal welfare objectives of the contracting authority.
Amendment 124 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 5 Where mandatory accessibility standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.
Amendment 125 #
Proposal for a directive Article 40 – paragraph 3 – point a (a) in terms of performance or functional requirements, including social, environmental and animal welfare characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract;
Amendment 126 #
Proposal for a directive Article 40 – paragraph 3 – point a (a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting authorities to award the contract. In accordance with paragraph 1 above, technical specifications can be formulated in terms of performance or functional requirements relating to life cycle characteristics of the requested works, supplies or services, and not only to the performance of functional requirements of the works, supplies, or services in use;
Amendment 127 #
Proposal for a directive Article 40 – paragraph 3 – point c (c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications and standards referred to in point (b) as a means of presuming conformity with such performance or functional requirements;
Amendment 128 #
Proposal for a directive Article 40 – paragraph 4 4.
Amendment 129 #
Proposal for a directive Article 40 – paragraph 5 – subparagraph 1 a (new) Technical specifications may for instance also include requirements relating to:
Amendment 130 #
Proposal for a directive Article 40 – paragraph 5 – subparagraph 1 a (new) – point a (new) (a) performance, including levels of environmental, climate an social performance;
Amendment 131 #
Proposal for a directive Article 40 – paragraph 5 – subparagraph 1 a (new) – point b (new) (b) social criteria such as the respect of decent working conditions, health and safety regulation, collective bargaining, gender balance (e.g. equal pay, work-life balance), social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to on-site vocational training, users involvement and consultation, affordability, human rights and ethical trade;
Amendment 132 #
Proposal for a directive Article 40 – paragraph 5 – subparagraph 1 a (new) – point c (new) (c) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve.
Amendment 133 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – introductory part Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label and/or a certificate of a third party verified standard, provided that all of the following conditions are fulfilled:
Amendment 134 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – introductory part Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in
Amendment 135 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point a (a) the requirements for the label
Amendment 136 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point a (a) the requirements
Amendment 137 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point b (b) the requirements for the label and/or the certificate of a third party verified standard are drawn up on the basis of scientific information or based on other objectively verifiable and non- discriminatory criteria and data;
Amendment 138 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point b (b) the requirements
Amendment 139 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point b a (new) (ba) the rules governing selection are reasonably proportionate to the nature of the contract;
Amendment 140 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point c (c) the labels and/or certificates of a third party verified standard are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and environmental organisations, may participate,
Amendment 141 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point d (d) the labels and/or certificates of a third party verified standard are accessible to all interested parties;
Amendment 142 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point e (e) the criteria of the label and/or certificate of a third party verified standard are set by a third party which is independent from the economic operator applying for the label. The third party may be a specific national or governmental body or organisation.
Amendment 143 #
Proposal for a directive Article 41 – paragraph 2 Amendment 144 #
Proposal for a directive Article 43 – paragraph 2 2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation, including the same respect of the relevant environmental legislation and when required in particular the Environmental Impact Assessment and Environmental Strategic Impact Assessment. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 145 #
Proposal for a directive Article 54 – paragraph 2 2. Contracting authorities
Amendment 146 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – introductory part A contracting authority
Amendment 147 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – introductory part A contracting authority
Amendment 148 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a (a) where it is aware of any violation of obligations established by Union legislation and national laws, regulations and other binding provisions in the field of social and labour law
Amendment 149 #
Proposal for a directive Article 55 – paragraph 4 – subparagraph 1 Amendment 150 #
Proposal for a directive Article 57 – paragraph 3 – subparagraph 2 a (new) National authorities shall create secure online certificate repositories where enterprises can submit all relevant documentation once every two years. That documentation shall be accessible to all contracting authorities at all levels, through the provision of a personal identification number.
Amendment 151 #
Proposal for a directive Article 60 – paragraph 2 – subparagraph 1 Proof of the economic operator's economic and financial standing as well as compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed, may, as a general rule, be provided by one or more of the references listed in Annex XIV
Amendment 152 #
Proposal for a directive Article 61 – title Quality assurance standards, and environmental and animal welfare management standards
Amendment 153 #
Proposal for a directive Article 61 – paragraph 2 a (new) 2a. Contracting authorities may require the production of certificates drawn up by independent bodies attesting that the economic operator complies with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 154 #
Proposal for a directive Article 61 – paragraph 3 3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality and environmental and animal welfare standards referred to in paragraphs 1 and 2 of this Article.
Amendment 155 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public
Amendment 156 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services,
Amendment 157 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a Amendment 158 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a (a) the most economically socially and environmentally advantageous tender;
Amendment 159 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a a (new) (aa) life cycle process and life cycle characteristics;
Amendment 160 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 161 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 162 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 163 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b (b) the lowest cost.
Amendment 164 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b (b) the
Amendment 165 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 2 Amendment 166 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically, socially and environmentally advantageous tender referred to in p
Amendment 167 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically advantageous tender
Amendment 168 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental
Amendment 169 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental and social characteristics, and innovative character;
Amendment 170 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users,
Amendment 171 #
Proposal for a directive Article 66 – paragraph 4 4. Award criteria shall
Amendment 172 #
Proposal for a directive Article 67 – paragraph 1 – point a (a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption
Amendment 173 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point a (a) it has been drawn up
Amendment 174 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point b Amendment 175 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point b (b) it has been tested and verified with suppliers and established for repeated or continuous application;
Amendment 176 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point c a (new) (ca) it is formulated so as to ensure that market surveillance authorities can verify the conformity of the product with the declared life-cycle costs.
Amendment 177 #
Proposal for a directive Article 67 – paragraph 3 – subparagraph 1 Amendment 178 #
Proposal for a directive Article 67 – paragraph 3 – subparagraph 1 Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation,
Amendment 179 #
Proposal for a directive Article 69 – paragraph 3 – point d (d) compliance
Amendment 180 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 2 Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law
Amendment 181 #
Proposal for a directive Article 71 – paragraph 2 Amendment 182 #
Proposal for a directive Article 72 – paragraph 4 4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the
Amendment 183 #
Proposal for a directive Article 74 – paragraph 1 Contracts for social and other specific services listed in Annex XVI
Amendment 184 #
Proposal for a directive Article 74 – paragraph 1 1. Contracts for social and other specific services listed in Annex XVI
Amendment 185 #
Proposal for a directive Article 74 – paragraph 1 a (new) 1a. Member States shall put in place appropriate procedures for the award of these contracts to ensure compliance with these principles while allowing contracting authorities to take into account the specificities of the services in question.
Amendment 186 #
Proposal for a directive Article 74 – paragraph 1 b (new) 1b. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 187 #
Proposal for a directive Article 74 – paragraph 1 c (new) 1c. Contracting authorities that have awarded a public contract for the services referred to in this article shall make known the results of the procurement procedure by means of a contract award notice.
Amendment 188 #
Proposal for a directive Article 74 – paragraph 1 d (new) 1d. The notices referred to in paragraph 4 shall contain the information referred to in Annexes VI Part I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.
Amendment 189 #
Proposal for a directive Article 74 – paragraph 1 e (new) 1e. The notices referred to in paragraph 4 shall be published in accordance with Article 49.
Amendment 190 #
Proposal for a directive Article 75 Amendment 191 #
Proposal for a directive Article 76 Amendment 192 #
Proposal for a directive Article 84 – paragraph 1 – subparagraph 1 Member States shall appoint a single independent body responsible for the oversight and coordination of
Amendment 193 #
Proposal for a directive Annex VI – part H Amendment 194 #
Proposal for a directive Annex VIII – paragraph 1 – point 1 – introductory part (1)
Amendment 195 #
Proposal for a directive Annex VIII – paragraph 1 – point 1 – point a (a)
Amendment 196 #
Proposal for a directive Annex VIII – paragraph 1 – point 1 – point a (a) in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, and production processes and methods, in addition to working conditions, at any stage of the life cycle of the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
Amendment 197 #
Proposal for a directive Annex VIII – paragraph 1 – point 1 – point b Amendment 198 #
Proposal for a directive Annex XI – indent 1 a (new) - Convention 94 on Labour Clauses (Public Contracts)
Amendment 199 #
Proposal for a directive Annex XVI – row 2 – column 2 Health and social services, including ambulance services
Amendment 200 #
Proposal for a directive Annex XVI – row 8 a (new) CPV Code Description From 79100000-5 to 79140000-7 Legal services Or. it .
Amendment 62 #
Proposal for a directive Recital 1 (1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU), and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non- discrimination, mutual recognition, proportionality and transparency and with the distribution of competencies as enshrined in Article 14 TFEU and in Protocol No 26 on services of general interest. The Directive on public procurement should respect the wide discretion of public authorities in carrying out their public service tasks. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 63 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development and other common societal goals, thereby increas
Amendment 64 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role
Amendment 65 #
Proposal for a directive Recital 3 (3) The increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself. The Union rules on public procurement are not intended to cover all forms of disbursement of public money, but only those aimed at the acquisition of works, supplies or services for consideration. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services in question, not necessarily requiring a transfer of ownership to the contracting authorities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not
Amendment 66 #
Proposal for a directive Recital 4 a (new) (4a) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must, in defining and implementing its policies and activities, take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. This Directive contributes to attaining these objectives by encouraging socially sustainable public procurement, ensuring that social criteria are employed at all stages of the procurement procedure, and reinforcing all existing obligations at Union, national and international level relating to working conditions, social protection and public health.
Amendment 67 #
Proposal for a directive Recital 4 b (new) (4b) A key principle of the 2008-2013 Health Strategy is 'Health in All Policies' (HIAP), or the integration of health concerns into all policies at Union, national and regional level, an approach endorsed by Member States in the 2007 Declaration on 'Health in All Policies' (HIAP). This Directive contributes to the HIAP approach by ensuring that procurement rules can help contracting authorities to achieve public health objectives, and that criteria relating to public health and to health and safety in the workplace may be employed at all stages of the procurement procedure.
Amendment 68 #
Proposal for a directive Recital 5 (5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development
Amendment 69 #
Proposal for a directive Recital 5 a (new) (5a) Public procurement accounts for approximately 19% of global GDP, or almost 40 times the amount provided by EU Member States as Official Development Assistance (ODA). As such it has huge potential to be a tool for living up to the EU's obligations towards Policy Coherence for development as enshrined in Article 208 TFEU and for implementing sustainable government policies both in the Union and in developing countries.
Amendment 70 #
Proposal for a directive Recital 5 b (new) (5b) Contracting authorities have broad discretion to choose the technical specifications that define the supplies, services, or works they seek to procure. Further, they have broad discretion to use both technical specifications and award criteria to achieve a contracting authority's objectives, including specifications and criteria designed to achieve more sustainable public procurement. Technical specifications and award criteria, including those relating to sustainability objectives, must be linked to the subject matter of the procurement contract. Provided that the link to the subject matter rule is satisfied, this Directive is not intended to further constrain the types of concerns that a contracting authority can address through technical specifications or award criteria.
Amendment 71 #
Proposal for a directive Recital 5 c (new) (5c) Technical specifications, award criteria, and conditions for contract performance are distinguished by the role they play in the procurement process, and not by the content of the specifications or criteria. Through technical specifications, the contracting authority defines absolute requirements for the procurement; ability to meet the technical specifications is a prerequisite for being considered a candidate for the contract and only products or services meeting the specifications can be considered. In contrast, award criteria enable the contracting authority to compare the relative advantages of different combinations of criteria. The award criteria are weighted and each tender is scored on the extent of its satisfaction of each criterion, but ability to satisfy all the award criteria is not a prerequisite. Finally, contract performance clauses may be included in the contract to indicate how the contract must be performed. A contracting authority has broad discretion to incorporate its sustainability objectives into any stage of the procurement process – through technical specifications, award criteria, and contract performance conditions.
Amendment 72 #
Proposal for a directive Recital 14 (14) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted divergently between Member States and even between contracting authorities. It is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The
Amendment 73 #
Proposal for a directive Recital 17 (17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to spur innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative
Amendment 74 #
Proposal for a directive Recital 28 (28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social, animal welfare or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco- labels or
Amendment 75 #
Proposal for a directive Recital 28 (28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, energy efficiency, social or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco- labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible and available to all
Amendment 76 #
Proposal for a directive Recital 32 (32) Many economic operators, and not least SMEs, find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria. Limiting such requirements, for example through self-declarations, including declarations concerning compliance with rules and standards in the areas of health and public safety, social protection labour standards and animal welfare, can result in considerable simplification for the benefit of both contracting authorities and economic operators. The tenderer to which it has been decided to award the contract should, however, be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so. Further simplification can be achieved through standardised documents such as the European Procurement Passport, which should be recognized by all contracting authorities and widely promoted among economic operators, in particular SMEs, for whom they can substantially lessen the administrative burden.
Amendment 77 #
Proposal for a directive Recital 34 (34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental
Amendment 78 #
Proposal for a directive Recital 34 (34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or
Amendment 79 #
Proposal for a directive Recital 37 (37)
Amendment 80 #
Proposal for a directive Recital 37 (37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, social and environmental compliance, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they
Amendment 81 #
Proposal for a directive Recital 37 (37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should
Amendment 82 #
Proposal for a directive Recital 38 (38)
Amendment 83 #
Proposal for a directive Recital 39 (39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general
Amendment 84 #
Proposal for a directive Recital 39 (39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment). In addition, the definition of common methodologies for life cycle costing
Amendment 85 #
Proposal for a directive Recital 40 (40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. The notion of life-cycle shall not allow contracting authorities to take into consideration transportation, as this could raise barriers to trade within the Union, and discriminate against non-local suppliers. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services, adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 86 #
Proposal for a directive Recital 40 (40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities
Amendment 87 #
Proposal for a directive Recital 41 (41)
Amendment 88 #
Proposal for a directive Recital 41 (41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion
Amendment 89 #
Proposal for a directive Recital 41 (41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed
Amendment 90 #
Proposal for a directive Recital 41 (41)
Amendment 91 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment, protection of public health or animal welfare. For instance, mention may be made, amongst other things, of the requirements – applicable during performance of the
Amendment 92 #
Proposal for a directive Article 1 – paragraph 2 – subparagraph 1 Procurement within the meaning of this Directive is the purchase or
Amendment 93 #
Proposal for a directive Article 2 – paragraph 1 – point 6 – point a (a) they are established for or have the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions
Amendment 94 #
Proposal for a directive Article 2 – paragraph 1 – point 13 (13) ‘tenderer’ means an economic operator both public or private controlled that has submitted a tender;
Amendment 95 #
Proposal for a directive Article 2 – paragraph 1 – point 22 (22) ‘life cycle’ means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service,
Amendment 96 #
Proposal for a directive Article 2 – paragraph 1 – point 22 a (new) (22a) 'Life-cycle characteristics' means elements relating to any part of the life cycle of a product or works or the provision of a service, as defined in point 22 of this Article. Life-cycle characteristics can be invisible characteristics that are embedded in a product as a result of choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 97 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) EUR
Amendment 98 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) EUR 1
Amendment 99 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) EUR
source: PE-491.175
2012/06/20
EMPL
292 amendments...
Amendment 100 #
Proposal for a directive Recital 29 a (new) (29a) The importance of training the staff of contracting authorities and individual operators should be underlined, on the one hand, and skills and training requirements should be included in contracting specifications as a long term strategy, on the other; it should be stressed, however, that these latter actions must be directly linked to the subject matter of the contract, be proportionate and economically advantageous.
Amendment 101 #
Proposal for a directive Recital 32 a (new) (32a) Job creation depends heavily on small and medium sized enterprises. SMEs have been able to offer new, sustainable jobs even in the times of economic crisis. As public authorities use around 18 % of GDP on public procurement, this legislative regime has significant impact on SMEs' ability to continue creating new jobs. Thus, public contracts should be made as accessible as possible for SMEs, both above and below the thresholds, which are defined in this Directive. In addition to the specific tools, which are tailored to enhance the involvement of SMEs in the public procurement market, Member States and contracting authorities should be strongly encouraged to create SME-friendly public procurement strategies. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193), which aims at helping member states create national strategies, programs and action plans in order to improve SMEs participation in these markets. Efficient public procurement policy has to be coherent. National, regional and local authorities have to rigorously apply the rules set in the Directive and on the other hand, implementing general policies designated to enhance SMEs access to public procurement markets will remain extremely important especially from the perspective of job creation;
Amendment 102 #
Proposal for a directive Recital 34 (34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of
Amendment 103 #
Proposal for a directive Recital 34 (34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 104 #
Proposal for a directive Recital 36 a (new) (36a) Contracting authorities should be able to make it a requirement that measures to improve social protection are implemented during the performance of a public procurement contract. It should be possible to call for a description of measures taken by the economic operator to ensure a high level of social protection in the form of reporting or voluntary membership of a social label.
Amendment 105 #
Proposal for a directive Recital 37 (37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination
Amendment 106 #
Proposal for a directive Recital 37 (37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of competition, transparency, non- discrimination, cost-effectiveness and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high- quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either
Amendment 107 #
Proposal for a directive Recital 38 (38) Where contracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money, economic and social sustainability. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject- matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 108 #
Proposal for a directive Recital 40 (40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost
Amendment 109 #
Proposal for a directive Recital 41 (41)
Amendment 110 #
Proposal for a directive Recital 41 a (new) (41a) The European public procurement market is more open than the markets of the EU's international partners and that, as a result, European companies cannot compete with third-country companies on a level playing field and continue to have difficulties in gaining access to third country markets; reciprocity should be ensured in order to open up the markets and ensure access to public procurement contacts, both in Europe and elsewhere, in accordance with agreements between the EU and third countries.
Amendment 111 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements — applicable during performance of the contract — to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply
Amendment 112 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst
Amendment 113 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements - applicable during performance of the contract - to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental
Amendment 114 #
Proposal for a directive Recital 43 (43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are directly linked to the subject-
Amendment 115 #
Proposal for a directive Recital 44 a (new) (44a) The provisions of the Directive should respect Member States’ different labour market models, including those where collective agreements apply.
Amendment 116 #
Proposal for a directive Recital 44 b (new) (44b) Member States should be able to use contract clauses that contain provisions on compliance with collective agreements, insofar as this is mentioned in the contracting authority’s contract notice or in the tender specifications, so as to comply with the principle of transparency.
Amendment 117 #
Proposal for a directive Recital 47 (47) In line with the principles of equal treatment, objectivity and transparency, the successful tenderer should not be replaced by another economic operator without reopening the contract to competition. However, the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract, such as purely internal reorganisations, mergers and acquisitions or insolvency. Such structural changes should not automatically require new procurement procedures for all public contracts performed by that undertaking.
Amendment 118 #
Proposal for a directive Recital 48 a (new) (48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 119 #
Proposal for a directive Recital 51 (51) Not all contracting authorities may have the internal expertise to deal with
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 a (new) This Directive is without prejudice to the right of public authorities at all levels to decide whether, how, and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 121 #
Proposal for a directive Article 1 – paragraph 2 – subparagraph 1 Procurement within the meaning of this Directive is the purchase
Amendment 122 #
Proposal for a directive Article 1 – paragraph 2 – subparagraph 2 Amendment 123 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 124 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. Contracts for social and other specific services listed in Annex XVI are exclusively regulated by articles 74-76 in this Directive.
Amendment 125 #
Proposal for a directive Article 2 – paragraph 1 – point 19 a (new) (19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 126 #
Proposal for a directive Article 2 – paragraph 1 – point 22 (22) ‘life cycle’ means all consecutive and/or interlinked stages, including production and location of production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation;
Amendment 127 #
Proposal for a directive Article 2 – paragraph 1 – point 22 (22) ‘life cycle’ means all consecutive and/or interlinked stages, including production, transport, installation, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation;
Amendment 128 #
Proposal for a directive Article 10 – paragraph 1 – point c (c) arbitration and conciliation services, including dispute adjudication services;
Amendment 129 #
Proposal for a directive Article 10 – paragraph 1 – point d (d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, or transactions by the contracting authorities to raise money or capital, central bank services
Amendment 130 #
Proposal for a directive Article 10 – paragraph 1 – point e (e) employment contracts or collective agreements which contributes to the improvement of conditions of work and employment;
Amendment 131 #
Proposal for a directive Article 10 a (new) Article 10 a Specific Regimes to deliver SGI This directive shall not apply to tried and tested Member State procedures that are based on the user's free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 132 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 Amendment 133 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point a Amendment 134 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point b Amendment 135 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point b (b)
Amendment 136 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point b (b) at least
Amendment 137 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point c Amendment 138 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point c Amendment 139 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – point c (c) there is no private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 140 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Amendment 141 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Amendment 142 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 2 Amendment 143 #
Proposal for a directive Article 11 – paragraph 2 Amendment 144 #
Proposal for a directive Article 11 – paragraph 2 Amendment 145 #
Proposal for a directive Article 11 – paragraph 2 2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract, with the exception of legally enforced forms of private participation.
Amendment 146 #
Proposal for a directive Article 11 – paragraph 2 2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.
Amendment 147 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – introductory part Amendment 148 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – introductory part Amendment 149 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – introductory part A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applying this Directive to a legal person which it controls jointly with other contracting authorities, and the legal person over which the contracting authority or authorities exercise control may acquire goods and services from those public owners without applying this directive, where the following conditions are fulfilled:
Amendment 150 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – introductory part A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract
Amendment 151 #
Proposal for a directive Article 11 – paragraph 3 - subparagraph 1 – point a Amendment 152 #
Proposal for a directive Article 11 – paragraph 3 - subparagraph 1 – point a Amendment 153 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point b Amendment 154 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point b Amendment 155 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point b (b) at least
Amendment 156 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point c Amendment 157 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point c Amendment 158 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point c (c) there is no private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 159 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – point c (c) there is no active private participation in the controlled legal person.
Amendment 160 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – introductory part Amendment 161 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – introductory part Amendment 162 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – introductory part Amendment 163 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point a Amendment 164 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point a Amendment 165 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point a Amendment 166 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point a (a) the decision-making bodies of the controlled legal person are composed of
Amendment 167 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point b Amendment 168 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point b Amendment 169 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point b Amendment 170 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point c Amendment 171 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point c Amendment 172 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point c Amendment 173 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point c Amendment 174 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point d Amendment 175 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point d Amendment 176 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point d Amendment 177 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 – point d Amendment 178 #
Proposal for a directive Article 11 – paragraph 4 – introductory part Amendment 179 #
Proposal for a directive Article 11 – paragraph 4 – introductory part 4. An agreement concluded between two or more contracting authorities shall not be deemed to be a public contract within the meaning of Article 2(6) of this Directive and thus fall outside the scope of this Directive where the following cumulative conditions are fulfilled:
Amendment 180 #
Proposal for a directive Article 11 – paragraph 4 – point a Amendment 181 #
Proposal for a directive Article 11 – paragraph 4 – point a (a) the
Amendment 182 #
Proposal for a directive Article 11 – paragraph 4 – point b Amendment 183 #
Proposal for a directive Article 11 – paragraph 4 – point b Amendment 184 #
Proposal for a directive Article 11 – paragraph 4 – point c Amendment 185 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) the participating
Amendment 186 #
Proposal for a directive Article 11 – paragraph 4 – point d Amendment 187 #
Proposal for a directive Article 11 – paragraph 4 – point d Amendment 188 #
Proposal for a directive Article 11 – paragraph 4 – point e Amendment 189 #
Proposal for a directive Article 11 – paragraph 4 – point e (e) the task is carried out solely by the public authorities concerned there is no private participation in any of the contracting authorities involved with the exception of forms of legally enforced private participation.
Amendment 190 #
Proposal for a directive Article 11 – paragraph 4 – point e (e) there is no active private participation in any of the contracting authorities involved.
Amendment 191 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 Amendment 192 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 The absence of active private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the contract or of the conclusion of the agreement.
Amendment 193 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 Amendment 194 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 195 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any active private participation takes place, with the effect that ongoing contracts need to be opened to competition
Amendment 196 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 a (new) However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and is not subject to procurement rules.
Amendment 197 #
Proposal for a directive Article 11 a (new) Article 11 a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to public service contacts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 199 #
Proposal for a directive Article 15 – paragraph -1 (new) -1. The purpose of this Directive is to safeguard the efficiency of the use of public funds, promote high-quality procurement, strengthen competition and the functioning of the public procurement markets and safeguard equal opportunities for companies and other providers in offering supply, service and public works contracts under competitive bidding for public procurement.
Amendment 200 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 201 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Public procurement is to be used to achieve a smart, sustainable and inclusive growth and to support common societal goals and to provide goods and services of high quality. It is the right of public authorities at all levels to decide how they want to provide commissioning and organise their services.
Amendment 202 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Contracting authorities must try to ensure that the contractors are of good reputation not having gravely broken against national or international environmental, social, labour or other relevant laws.
Amendment 203 #
Proposal for a directive Article 15 – paragraph 1 b (new) 1b. Contracting authorities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous and sustainable tender.
Amendment 204 #
Proposal for a directive Article 15 – paragraph 1 b (new) 1b. Economic operators shall apply obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by national legislation and/or collective agreements or international labour law provisions listed in Annex XI and in particular ILO Convention 94.
Amendment 205 #
Proposal for a directive Article 15 – paragraph 1 c (new) 1c. The details of public contracts shall be made public.
Amendment 206 #
Proposal for a directive Article 16 – paragraph 1 – subparagraph 2 However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate,
Amendment 207 #
Proposal for a directive Article 16 – paragraph 1 – subparagraph 2 However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate
Amendment 208 #
Proposal for a directive Article 16 – paragraph 2 – subparagraph 1 Groups of economic operators may submit tenders or put themselves forward as candidates. Groups of economic operators, particularly small and medium-sized enterprises, may take the form of a consortium of enterprises. Contracting authorities shall not establish specific conditions for participation of such groups in procurement procedures which are not imposed on individual candidates. In order to submit a tender or a request to participate, those groups shall not be required by the contracting authorities to assume a specific legal form.
Amendment 209 #
Proposal for a directive Article 17 – paragraph 1 Member States may reserve the right to participate in public procurement procedures
Amendment 210 #
Proposal for a directive Article 17 – paragraph 1 Member States may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled and/or disadvantaged
Amendment 211 #
Proposal for a directive Article 17 – paragraph 1 Amendment 212 #
Proposal for a directive Article 17 – paragraph 1 – point a (new) (a) sheltered workshops, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the employees concerned are disabled persons who, by reason of the nature or the seriousness of their disabilities, cannot carry on occupations under normal conditions or easily find employment on the ordinary market;
Amendment 213 #
Proposal for a directive Article 17 – paragraph 1 – point b (new) (b) social enterprises programmes whose main aim is the social and professional integration of disadvantaged workers, provided that more than 30% of the employees of those economic operators or programmes are disabled or disadvantaged workers.
Amendment 214 #
Proposal for a directive Article 17 – paragraph 1 a (new) 1a. The protection of the intellectual property of the tenderers should be ensured.
Amendment 215 #
Proposal for a directive Article 18 – paragraph 1 1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall behave with utmost good faith and shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 216 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. The contracting entity shall not use in other competitive procedures the information forwarded to it by economic operators during a precedent competitive procedure.
Amendment 217 #
Proposal for a directive Article 21 – paragraph 3 a (new) 3a. Member States that have whistle- blower protection for public employees to combat corruption and other breaches of civil law and/or crimes (within the public sector) may request that an equivalent protection is given to an employee employed by the economic operator, if the economic operator performs publically funded services
Amendment 218 #
Proposal for a directive Article 22 – introductory part Amendment 219 #
Proposal for a directive Article 22 – point a Amendment 220 #
Proposal for a directive Article 22 – point b Amendment 221 #
Proposal for a directive Article 22 – point c Amendment 222 #
Proposal for a directive Article 23 – paragraph 1 a (new) 1a. This Directive does not prevent Member States from complying with ILO Convention 94 on Labour Clauses in public contracts.
Amendment 223 #
Proposal for a directive Article 24 – paragraph 3 a (new) (3a) In awarding works, supply or service contracts, where the contracting body is a private beneficiary and the private capital inflow is no more than 50%, the remainder coming from European and national public funds, the works, supplies or services in question shall be acquired in accordance with the public procurement procedures laid down in this directive, while taking due account of social issues.
Amendment 224 #
Proposal for a directive Article 25 – paragraph 1 – subparagraph 2 The minimum time limit for the receipt of tenders shall be
Amendment 225 #
Proposal for a directive Article 25 – paragraph 1 – subparagraph 2 The minimum time limit for the receipt of tenders shall be 4
Amendment 226 #
Proposal for a directive Article 25 – paragraph 2 – introductory part Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to
Amendment 227 #
Proposal for a directive Article 25 – paragraph 4 Amendment 228 #
Proposal for a directive Article 26 – paragraph 1 – subparagraph 2 The minimum time limit for receipt of requests to participate shall be
Amendment 229 #
Proposal for a directive Article 26 – paragraph 1 – subparagraph 2 The minimum time limit for receipt of requests to participate shall be 3
Amendment 230 #
Proposal for a directive Article 26 – paragraph 2 – subparagraph 1 Only those economic operators
Amendment 231 #
Proposal for a directive Article 26 – paragraph 2 – subparagraph 2 The minimum time limit for the receipt of tenders shall be
Amendment 232 #
Proposal for a directive Article 26 – paragraph 2 – subparagraph 2 The minimum time limit for the receipt of tenders shall be
Amendment 233 #
Proposal for a directive Article 26 – paragraph 3 – introductory part 3. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this Article may
Amendment 234 #
Proposal for a directive Article 26 – paragraph 3 – point b (b) it was sent for publication between
Amendment 235 #
Proposal for a directive Article 26 – paragraph 4 4. Sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 1
Amendment 236 #
Proposal for a directive Article 26 – paragraph 5 Amendment 237 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. When the contracting authority makes corrections to the tender documents during the time limits mentioned in articles 1,2,3, and 4, there shall be 15 days prolongation of these time limits.
Amendment 238 #
Proposal for a directive Article 29 – paragraph 3 – subparagraph 3 Only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a) and Article 66(2).
Amendment 239 #
Proposal for a directive Article 29 a – title (new) Amendment 240 #
Proposal for a directive Article 32 – paragraph 1 1. For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the contracting authorities and are of standardized quality, contracting authorities may use a dynamic purchasing system. The dynamic purchasing system shall be operated as a completely electronic process, open throughout its validity to any economic operator that satisfies the selection criteria.
Amendment 241 #
Proposal for a directive Article 36 a (new) Article 36 a Service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 242 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 2 These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2. This may include:
Amendment 243 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 2 - point a (new) (a) Social criteria such as the respect of decent working conditions, health and safety regulation including the protection of workers who endeavour to improve the health and safety at their workplace, collective bargaining, gender balance (e.g. equal pay, work-life balance), social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to on- site vocational training, users involvement and consultation, affordability, human rights and ethical trade.
Amendment 244 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 2a (new) Obligations relating to social and employment conditions, such as health and safety at workplace including the protection of workers who endeavour to improve the health and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, shall be clearly set out by contracting authorities in the technical specifications as part of the absolute requirements for the tendering of the contract.
Amendment 245 #
Proposal for a directive Article 40 – paragraph 1 – subparagraph 4 For all procurement the subject of which is intended for use by persons, whether general public or staff of the contracting authority, those technical specifications shall
Amendment 246 #
Proposal for a directive Article 40 – paragraph 2 – subparagraph 2 (new) The requirements shall be limited to the subject matter of the contract and the contracting authority must be able to follow up and control that the requirements are fulfilled;
Amendment 247 #
Proposal for a directive Article 40 – paragraph 3 – introductory part 3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical specifications shall be formulated in
Amendment 248 #
Proposal for a directive Article 40 – paragraph 3 – point -1 (new) (-1) by reference to technical specifications and, in order of priority, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or — when those do not exist — national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words 'or equivalent';
Amendment 249 #
Proposal for a directive Article 40 – paragraph 3 – point b Amendment 250 #
Proposal for a directive Article 40 – paragraph 3 – point c (c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications referred to in point (
Amendment 251 #
Proposal for a directive Article 40 – paragraph 3 – point d (d) by reference to the technical specifications referred to in point (
Amendment 252 #
Proposal for a directive Article 40 – paragraph 4 4.
Amendment 253 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – introductory part Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear
Amendment 254 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point a (a) the requirements for the label only concern characteristics which are linked to the subject-matter of the contract or the production of the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 255 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point c (c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors
Amendment 256 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point c (c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies,
Amendment 257 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point c (c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors, social partners and environmental organisations, may participate
Amendment 258 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point c (c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors, social organisations and environmental organisations, may participate
Amendment 259 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point e (e) the criteria of the label are set by a third party accredited according to the recognized accreditation standards, which is independent from the economic operator applying for the label.
Amendment 260 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 – point e (e) the
Amendment 261 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 2 Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities
Amendment 262 #
Proposal for a directive Article 41 – paragraph 1 – subparagraph 2 Contracting authorities requiring a
Amendment 263 #
Proposal for a directive Article 43 – paragraph 1 1. Contracting authorities
Amendment 264 #
Proposal for a directive Article 43 – paragraph 1 1. Contracting authorities
Amendment 265 #
Proposal for a directive Article 43 – paragraph 2 2. Contracting authorities
Amendment 266 #
Proposal for a directive Article 43 – paragraph 3 – subparagraph 2 In procedures for awarding public supply or service contracts, contracting authorities
Amendment 267 #
Proposal for a directive Article 54 – paragraph 2 2. Contracting authorities
Amendment 268 #
Proposal for a directive Article 54 – paragraph 2 2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply
Amendment 269 #
Proposal for a directive Article 55 – paragraph 1 – subparagraph 1 – point e a (new) (ea) human trafficking, use of child labour or other crimes against human rights.
Amendment 270 #
Proposal for a directive Article 55 – paragraph 2 2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes
Amendment 271 #
Proposal for a directive Article 55 – paragraph 2 a (new) 2a. Any economic operator shall be automatically excluded from participation in a contract where the contracting authority is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI, including in the supply chain; if the supply chain is wholly or partly located in third countries, the contracting authority may exclude any economic operator if it is aware of any violation of the international social and environmental law provisions listed in Annex XI.
Amendment 272 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – introductory part A contracting authority
Amendment 273 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a Amendment 274 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a (a) where it is aware of any violation of obligations
Amendment 275 #
Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point c (c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct; gravely acting against the national social, environmental or labour laws of its home country or the country of the contracting authority or gravely neglecting workers' health and safety,
Amendment 276 #
Proposal for a directive Article 55 – paragraph 4 – subparagraph 1 Amendment 277 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 1 – point c a (new) (ca) compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed.
Amendment 278 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 2 They are not obliged to impose all the conditions listed in paragraphs 2, 3 and 4
Amendment 279 #
Proposal for a directive Article 56 – paragraph 1 – subparagraph 3 Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. All requirements shall be
Amendment 280 #
Proposal for a directive Article 56 – paragraph 4 – subparagraph 1 With regard to technical and professional ability, contracting authorities
Amendment 281 #
Proposal for a directive Article 56 – paragraph 5 a (new) 5a. Public procurement, particularly in the weaker economies, shall be geared towards national preference, stimulating national production, the activity of SMEs, and shorter supply chains that are more socially and environmentally sustainable.
Amendment 282 #
Proposal for a directive Article 56 – paragraph 5 a (new) 5a. This Article shall also apply to subcontracting procedures and subcontractors.
Amendment 283 #
Proposal for a directive Article 57 – paragraph 1 – point d (d) they will be able, upon request and without delay, to provide the supporting documentation that contracting authorities have required in accordance with Articles 59, 60 and, where appropriate, Articles 61, 62(1) and 63.
Amendment 284 #
Proposal for a directive Article 57 – paragraph 2 – subparagraph 2 Before awarding the contract, the contracting authority shall require the tenderer to which it has decided to award the contract to submit the documentation in accordance with Articles 59 and 60 and, where appropriate, Article 61. The contracting authority may invite economic operators to supplement or clarify the certificates and documents submitted pursuant to Articles 59, 60, 61 and 6
Amendment 285 #
Proposal for a directive Article 57 – paragraph 3 – subparagraph 2 a (new) National authorities shall create secure online certificate repositories where enterprises can submit all relevant documentation once every two years. That documentation shall be accessible to all contracting authorities at all levels, through the provision of a personal identification number.
Amendment 286 #
Proposal for a directive Article 60 – paragraph 2 – subparagraph 1 Proof of the economic operator's economic and financial standing as well as compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed may, as a general rule, be provided by one or more of the references listed in Annex XIV, part 1.
Amendment 287 #
Proposal for a directive Article 60 – paragraph 3 a (new) 3a. Proof of the tenderer of candidates have taken into account, when drawing up their tender, of the obligations relating to employment protection provisions and the working conditions which are in force in the place where the works are to be carried out or the service is to be provided.
Amendment 288 #
Proposal for a directive Article 61 – title Quality assurance standards and social standards and environmental management standards
Amendment 289 #
Proposal for a directive Article 61 – paragraph 2 a (new) 2a. Contracting authorities may require the production of certificates drawn up by independent public bodies attesting that the economic operator complies with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 290 #
Proposal for a directive Article 61 – paragraph 3 3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality and environmental and social standards referred to in paragraphs 1, 2 and 2a of this Article.
Amendment 291 #
Proposal for a directive Article 63 – paragraph 5 – subparagraph 1 Information that can be deduced from
Amendment 292 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Amendment 293 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the c
Amendment 294 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services,
Amendment 295 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – introductory part Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, and basic respect for social standards, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:
Amendment 296 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a Amendment 297 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a Amendment 298 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point a (a) the most socially, environmentally and economically advantageous tender;
Amendment 299 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 300 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b Amendment 301 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b (b) the lowest cost. Where the award of a contract is based on the lowest cost, the contracting authority shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 302 #
Proposal for a directive Article 66 – paragraph 1 – subparagraph 1 – point b a (new) (ba) innovative social criteria.
Amendment 303 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically, socially and environmentally advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter or the production of the subject-matter of the public contract in question, such as:
Amendment 304 #
Proposal for a directive Article 66 – paragraph 2 – introductory part 2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting
Amendment 305 #
Proposal for a directive Article 66 – paragraph 2 – point a (a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users,
Amendment 306 #
Proposal for a directive Article 66 – paragraph 2 – point b (b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question as well as the qualification and professional conduct of any subcontractor may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must
Amendment 307 #
Proposal for a directive Article 66 – paragraph 2 – point b (b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question as well as the capacities, abilities and professional conduct of any subcontractor may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced and further subcontracting will only be permitted with the consent of the contracting authority, which must verify that replacements or further subcontracting ensure equivalent organisation and quality;
Amendment 308 #
Proposal for a directive Article 66 – paragraph 2 – point d Amendment 309 #
Proposal for a directive Article 66 – paragraph 5 – subparagraph 1 In the case referred to in point (a) of paragraph 1 the contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically, socially and environmentally advantageous tender.
Amendment 310 #
Proposal for a directive Article 67 – paragraph 1 – point b (b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of
Amendment 311 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – introductory part Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology used must be simplified in order to be accessible for SMEs and it must fulfil all of the following conditions:
Amendment 312 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – introductory part Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs and provide the method for the calculation of life-cycle costs to any tenderer. The methodology used must fulfil all of the following conditions:
Amendment 313 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point a (a) it has been drawn up
Amendment 314 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point b Amendment 315 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 1 – point b (b) it has been tested and verified with suppliers and established for repeated or
Amendment 316 #
Proposal for a directive Article 67 – paragraph 2 – subparagraph 2 Contracting authorities shall allow economic operators, including economic operators from third countries, to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority. However in order not to discriminate those tenderers who invest time and money to comply with the methodology indicated by the contracting authority, contracting authorities may ask for a third party certified document as proof for the fulfilment of the equivalence.
Amendment 317 #
Proposal for a directive Article 67 – paragraph 3 – subparagraph 1 Amendment 318 #
Proposal for a directive Article 67 – paragraph 3 – subparagraph 1 Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation,
Amendment 319 #
Proposal for a directive Article 69 – paragraph 1 – point a (a) the price or cost charged is more than 25
Amendment 320 #
Proposal for a directive Article 69 – paragraph 1 – point b (b) the price or cost charged is more than
Amendment 321 #
Proposal for a directive Article 69 – paragraph 1 – point b (b) the price or cost charged is more than
Amendment 322 #
Proposal for a directive Article 69 – paragraph 1 – point c Amendment 323 #
Proposal for a directive Article 69 – paragraph 2 2. Where tenders appear to be abnormally low (a) due to the use of subcontractors or (b) for other reasons, contracting authorities
Amendment 324 #
Proposal for a directive Article 69 – paragraph 2 2. Where tenders appear to be abnormally low for other reasons, contracting authorities
Amendment 325 #
Proposal for a directive Article 69 – paragraph 3 – introductory part The explanations referred to in paragraphs 1 and 2
Amendment 326 #
Proposal for a directive Article 69 – paragraph 3 – point d (d) compliance
Amendment 327 #
Proposal for a directive Article 69 – paragraph 3 – point d (d) compliance
Amendment 328 #
Proposal for a directive Article 69 – paragraph 3 – point d (d) compliance, at least in an equivalent manner, with obligations established by Union and national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 329 #
Proposal for a directive Article 69 – paragraph 3 – point (e) Amendment 330 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 1 Amendment 331 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 1 The contracting authority shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3, or when the received justification is not sufficient.
Amendment 332 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 1 The contracting authority shall verify the information provided by consulting the tenderer. It
Amendment 333 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 2 Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union and national legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.
Amendment 334 #
Proposal for a directive Article 69 – paragraph 4 – subparagraph 2 Contracting authorities shall reject the tender, where they have established that the
Amendment 335 #
Proposal for a directive Article 69 – paragraph 6 a (new) 6a. Account needs to be taken of Member States whose economy is in deficit, so that these countries are not prevented from promoting public investment.
Amendment 336 #
Proposal for a directive Article 70 Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions
Amendment 337 #
Proposal for a directive Article 70 Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations and shall include obligations relating to social and employment conditions, such as health and safety at workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 338 #
Proposal for a directive Article 70 Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (
Amendment 339 #
Proposal for a directive Article 70 a (new) Amendment 340 #
Proposal for a directive Article 71 – paragraph 1 1. In the procurement documents, the contracting authority
Amendment 341 #
Proposal for a directive Article 71 – paragraph 2 Amendment 342 #
Proposal for a directive Article 71 – paragraph 2 Amendment 343 #
Proposal for a directive Article 71 – paragraph 3 3. Paragraphs 1 and 2 shall be without prejudice to the question of the
Amendment 344 #
Proposal for a directive Article 71 – paragraph 3 3. Paragraph
Amendment 345 #
Proposal for a directive Article 71 a (new) Article 71 a In the procurement documents, the contracting authority shall stipulate that the conditions and requirements which apply to the tenderer also apply to any third parties who perform part of the contract as subcontractors.
Amendment 346 #
Proposal for a directive Article 71 b (new) Article 71 b In the event of circumstances as referred to in Directive 2001/23/EC, this Directive shall also apply to the purchase or other forms of acquisition of works, supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose, in the context of this Procurement Directive.
Amendment 347 #
Proposal for a directive Article 72 – paragraph 3 – subparagraph 2 However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive. Neither shall the first subparagraph apply in the event of restructuring of the contracting authority, as the contracting authority has the right to transfer the agreement to a third party, who will be responsible for the duties of the contracting authority.
Amendment 348 #
Proposal for a directive Article 72 – paragraph 4 4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below
Amendment 349 #
Proposal for a directive Article 73 – paragraph 1 – introductory part Member States shall ensure that the national contract law is followed when terminating a public procurement contract. Member States may, when giving contracting authorities
Amendment 350 #
Proposal for a directive Article 75 – paragraph 1 Amendment 351 #
Proposal for a directive Article 75 – paragraph 3 – subparagraph 1 The notices referred to in paragraph
Amendment 352 #
Proposal for a directive Article 75 – paragraph 4 4. The notices referred to in paragraph
Amendment 353 #
Proposal for a directive Article 76 – paragraph 1 Amendment 354 #
Proposal for a directive Article 76 – paragraph 1 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency, non-discrimination and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question.
Amendment 355 #
Proposal for a directive Article 76 – paragraph 2 2. Member States shall ensure that
Amendment 356 #
Proposal for a directive Article 76 – paragraph 2 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 357 #
Proposal for a directive Article 76 – paragraph 2 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 358 #
Proposal for a directive Article 76 – paragraph 2 2. Member States shall ensure that contracting authorities
Amendment 359 #
Proposal for a directive Article 76 – paragraph 2 a (new) 2a. Contracting authorities may choose to limit the participation in a tender procedure for the provision of social and health services to non profit organisations, provided that a national law that is compatible with European law provides for restricted access to certain services for the benefit on non profit organisations, in line with the ECJ's jurisprudence. The call for competition shall make reference to this provision. The basic principles of transparency and equal treatment should be respected.
Amendment 360 #
Proposal for a directive Article 84 – paragraph 2 – subparagraph 2 – point b (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the
Amendment 361 #
Proposal for a directive Article 84 – paragraph 3 – subparagraph 1 – point d (d) establishing and applying comprehensive, actionable
Amendment 362 #
Proposal for a directive Article 84 – paragraph 3 – subparagraph 1 – point f (f) examining complaints from citizens and businesses and from professional associations or similar bodies on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in
Amendment 363 #
Proposal for a directive Article 84 – paragraph 8 a (new) 8a. The annual report should also include an annual comparison between the prices submitted and the actual cost of contracts that have already been performed and the potential influence over the number of staff employed by suppliers.
Amendment 364 #
Proposal for a directive Article 87 – paragraph 1 1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions, in particular in relation to provisions contained in Articles 54, 55 and 71.
Amendment 365 #
Proposal for a directive Article 87 – paragraph 3 – subparagraph 2 Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which a
Amendment 366 #
Proposal for a directive Article 87 – paragraph 3 – subparagraph 2 a (new) Member States shall ensure that contracting authorities request tenderers or candidates in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to social and labour law obligations, which apply in the place where the works are to be carried out or the services are to be provided.
Amendment 367 #
Proposal for a directive Annex VIII – point 2 – introductory part Amendment 368 #
Proposal for a directive Annex VIII – point 4 (4)
Amendment 369 #
Proposal for a directive Annex XI – indent 3 a (new) - Convention 94 on Labour Clauses in Public Contracts.
Amendment 370 #
Proposal for a directive Annex XIII – point c (c) Certification that the economic operator is not
Amendment 371 #
Proposal for a directive Annex XIV – part II – point c a (new) (ca) appropriate certificates or statements relating to evidence of respect of social and labour law rules and standards as set out by Union law and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed;
Amendment 372 #
Proposal for a directive Annex XIV – part II – point f (f) an indication of the environmental and social management measures that the economic operator will be able to apply when performing the contract;
Amendment 373 #
Proposal for a directive Annex XIV – part II – point f a (new) (f a) an indication of the supply chain management and tracking systems that the economic operator will be able to apply when performing the contract;
Amendment 374 #
Proposal for a directive Annex 16 – column 2 - last row Amendment 83 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 45(2), Article 53(1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 84 #
Proposal for a directive Recital 1 (1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treat
Amendment 85 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to
Amendment 86 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals, leading to creation of new sustainable jobs. There is
Amendment 87 #
Proposal for a directive Recital 2 (2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to
Amendment 88 #
Proposal for a directive Recital 5 (5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development
Amendment 89 #
Proposal for a directive Recital 5 a (new) (5a) Under Article 9 of the Treaty on the Functioning of the European Union, requirements linked to the guarantee of adequate social protection and the fight against social exclusion should be taken into account when defining and implementing Union policies and activities, especially to promote a high level of employment. This directive specifies how contracting authorities can help promote social criteria and improve employees’ rights in accordance with case-law and European and international legislation whist ensuring that they can obtain the best social value for money for their contracts.
Amendment 90 #
Proposal for a directive Recital 11 (11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime
Amendment 91 #
Proposal for a directive Recital 11 (11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for trans-border projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate.
Amendment 92 #
Proposal for a directive Recital 11 (11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely
Amendment 93 #
Proposal for a directive Recital 11 a (new) (11a) Tried and tested Member State procedures must be recognised where they are based on the principle that all social service providers able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the principles of equal treatment, non-discrimination and transparency enshrined in primary law.
Amendment 94 #
Proposal for a directive Recital 15 (15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and
Amendment 95 #
Proposal for a directive Recital 19 (19) Electronic means of information and communication can greatly simplify the publication of contracts, reduce administrative burdens such as transaction costs particularly for SMEs, and increase the efficiency and transparency of procurement processes. They should become the standard means of communication and information exchange in procurement procedures. The use of electronic means also leads to time savings. As a result, provision should be made for reducing the minimum periods where electronic means are used, subject, however, to the condition that they are compatible with the specific mode of transmission envisaged at Union level. Moreover, electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent, detect and correct errors that occur during procurement procedures.
Amendment 96 #
Proposal for a directive Recital 19 (19) Electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes.
Amendment 97 #
Proposal for a directive Recital 25 a (new) (25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 98 #
Proposal for a directive Recital 27 (27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted
Amendment 99 #
Proposal for a directive Recital 28 (28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the descri |