Preparatory phase in Parliament
2017/2278(INI) Public procurement strategy package
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ENVI | ||
| Lead | IMCO | COELHO Carlos (EPP) | TARABELLA Marc (S&D), MOBARIK Baroness Nosheena (ECR), SELIMOVIC Jasenko (ALDE), DE JONG Dennis (GUE/NGL), ŠOLTES Igor (Verts/ALE) |
| Opinion | INTA |
Legal Basis RoP 052
Subjects
Documents
| Amendments | Dossier |
| 179 |
2017/2278(INI)
2018/04/06
IMCO
143 amendments...
Amendment 1 #
Motion for a resolution Citation 9 a (new) – having regard to the voluntary instrument of Green Public Procurement (GPP),
Amendment 10 #
Motion for a resolution Recital C a (new) Amendment 100 #
Motion for a resolution Paragraph 18 18. Considers that the new partnership procedure will contribute to fostering innovation, welcomes in that regard that 17 innovation partnership procedures have been initiated to this date, and encourages contracting authorities to cooperate further with the market in order to develop innovative products, works or services which do not yet exist;
Amendment 101 #
Motion for a resolution Paragraph 18 18.
Amendment 102 #
Motion for a resolution Paragraph 19 19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the latter to focus on the operation of the helpdesk as a priority, while fully respecting confidentiality; suggests that awarding a label of attestation of conformity to the contracting authority would make this voluntary ex ante evaluation more attractive;
Amendment 103 #
Motion for a resolution Paragraph 19 19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the
Amendment 104 #
Motion for a resolution Paragraph 19 a (new) 19a. Expresses concern over unfair competition within public procurement procedures as a result of state interference with third country competitors, in particular, but not limited, to the market for electric vehicles and batteries; considers that a linkage between trade defence instruments and public procurement practices is necessary;
Amendment 105 #
Motion for a resolution Paragraph 20 20. Regrets the slow uptake of digital technologies in public procurement in the Union, and calls on the Member States to strive for a rapid digital transformation of the procedures and for the introduction of e-processes for all major stages, namely from notification, access to tenders and
Amendment 106 #
Motion for a resolution Paragraph 20 20. Regrets the slow uptake of digital technologies and technologies connected with accessibility for persons with disabilities in public procurement in the Union, and calls on the Member States to strive for a rapid digital transformation of the procedures and for the introduction of e-processes for all major stages, namely from notification, access to tenders and submission to evaluation, contract award, ordering, invoicing and payment;
Amendment 107 #
Motion for a resolution Paragraph 21 21.
Amendment 108 #
Motion for a resolution Paragraph 21 21. Calls on the Commission and the Member States to
Amendment 109 #
Motion for a resolution Paragraph 21 a (new) 21a. Recalls that e-procurement offers a range of important benefits such as significant savings for all parties, simplified and shortened processes, reductions in red-tape and administrative burdens, increased transparency, greater innovation as well as improved access of SMEs to public procurement markets;
Amendment 11 #
Motion for a resolution Recital C a (new) Ca. whereas public procurement is worth EUR 2 000 billion per year and enables many European businesses to take part in tendering procedures throughout the EU;
Amendment 110 #
Motion for a resolution Paragraph 22 22. Agrees with the Commission that publicly available contract registers can be a cost-efficient tool for managing contracts, for improving transparency, integrity and data, and for better governance of public procurement;
Amendment 111 #
Motion for a resolution Paragraph 22 a (new) 22a. Calls on the Commission to look into the possibility of interlinking national contract registers with Tenders Electronic Daily (TED) to remove the obligation incumbent on contracting authorities to publish the same information in two systems;
Amendment 112 #
Motion for a resolution Paragraph 23 Amendment 113 #
Motion for a resolution Paragraph 23 23. Draws attention to the difficulties that may arise for bidders, and especially SMEs, regarding requirements for certificates and signatures and encourages a light requirements regime in this respect, together with full application of the once- only principle in order to minimise the burden for bidders;
Amendment 114 #
Motion for a resolution Paragraph 24 24. Emphasises that all Member States should be in a position to provide all necessary data on public procurement implementation, including data on tenders, procedures and contracts and statistical information, also in order to enable the Commission to assess the single market on procurement;
Amendment 115 #
Motion for a resolution Paragraph 24 a (new) 24a. Calls on the Member States to promote the innovative use of open- format data. Such data are essential for any government to manage its public administration and, at the same time, enable their economic potential to be harnessed by companies, while also encouraging transparency and responsibility within institutions and bodies dealing with public procurement. Points out that such data must always be published with due regard for the principle of proportionality and in accordance with the EU acquis on data protection and business secrecy;
Amendment 116 #
Motion for a resolution Paragraph 25 25.
Amendment 117 #
Motion for a resolution Paragraph 25 25. Notes with regret a decrease in the intensity of competition in public procurement in the Union in recent years, and urges
Amendment 118 #
Motion for a resolution Paragraph 26 26. Urges the Member States to increase joint procurement procedures, including cross-border, as facilitated by the revised EU rules, and
Amendment 119 #
26. Urges the Member States to increase joint procurement procedures, including cross-border, as facilitated by the revised EU rules, and asks the Commission to provide technical support in this field; considers that such procedures should not however result in contracts of such size that SMEs are effectively excluded from consideration at the earliest stage of the process;
Amendment 12 #
Motion for a resolution Recital C a (new) Ca. whereas the public sector is duty- bound to employ open, transparent and ethical procedures in respect of citizens;
Amendment 120 #
Motion for a resolution Paragraph 27 27. Regrets that SMEs are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness, efficiency and quality of the measures provided by the 2014 directives and to come forward with new solutions
Amendment 121 #
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 122 #
Motion for a resolution Paragraph 27 27. Regrets that SMEs are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions
Amendment 123 #
Motion for a resolution Paragraph 27 a (new) 27a. Asks the Commission to report to Parliament on the implementation on the ground of the “apply or explain” principle in article 46 of Directive 2014/24/EU which requires contracting authorities to provide an indication of the main reasons for their decision not to subdivide into lots and on the systematic explanation in the procurement documents or the individual report;
Amendment 124 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to support SMEs’ participation in
Amendment 125 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to
Amendment 126 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division into lots or by placing a limit on the turnover required for participation in tendering procedures;
Amendment 127 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division into lots, where possible;
Amendment 128 #
Motion for a resolution Paragraph 28 28. Calls on the Member States to support SMEs’ participation in tenders, for example by
Amendment 129 #
Motion for a resolution Paragraph 29 29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement resulting from language, legal or any other barriers, and to propose solutions or intervene in order to guarantee functional cross-border procurement;
Amendment 13 #
Motion for a resolution Recital E E. whereas according to
Amendment 130 #
Motion for a resolution Paragraph 29 29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement resulting from language and administrative barriers, and to propose solutions;
Amendment 131 #
Motion for a resolution Paragraph 29 29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement, such as those resulting from language barriers, and to propose solutions;
Amendment 132 #
Motion for a resolution Paragraph 30 30. Underlines the importance of ensuring interoperability in purchased goods and services and the accessibility of these for persons with disabilities and of avoiding vendor lock-in, and calls on the Commission to propose measures in this field;
Amendment 133 #
Motion for a resolution Paragraph 30 30. Underlines the importance of ensuring interoperability in purchased goods and services and of avoiding vendor lock-in, and calls on the Commission to propose
Amendment 134 #
Motion for a resolution Paragraph 31 31.
Amendment 135 #
Motion for a resolution Paragraph 33 33. Regrets that the Defence Procurement Directive has not yet delivered the desired results, in particular with regard to trans-national infrastructure projects, and urges the Commission and the Member States to intensify their efforts to better implement the currently applicable rules;
Amendment 136 #
Motion for a resolution Paragraph 34 34. Calls
Amendment 137 #
Motion for a resolution Paragraph 34 a (new) 34a. Regrets the low level of professionalisation among those responsible for public purchasing and calls on the Member States to improve the skills of everyone involved in all stages of the public procurement process;
Amendment 138 #
Motion for a resolution Paragraph 34 a (new) 34a. Calls on the Commission to find a way to remedy over-prolongation of the tendering process through the lodging of groundless appeals;
Amendment 139 #
Motion for a resolution Paragraph 35 35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; suggests that each plan should differentiate between types of procurement, in particular as SME access to services and digital infrastructure may be facilitated in a different way to procurement access in the case of large infrastructure contracts;
Amendment 14 #
Motion for a resolution Recital F F. whereas according to the European Semester thematic fact sheet on public procurement of November 2017, the number of tender procedures with only one bid increased from 14 % to 29 % for the period 2006--2016, and whereas, according to the Commission communication, ‘SMEs win only 45 % of the value of public contracts above EU thresholds, clearly below their weight in the economy’;
Amendment 140 #
Motion for a resolution Paragraph 35 35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; stresses the need to clearly recognise new qualifications acquired by creating a common European framework of technical and computer skills;
Amendment 141 #
Motion for a resolution Paragraph 37 37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 142 #
Motion for a resolution Paragraph 37 a (new) 37a. Considers that professionalisation should encompass all stages of the procurement process, not just the administrative formalities to be followed; believes that by improving how public authorities consider what they will procure as well as how they procure it, better results can be achieved; regrets that often public procurement can be captured by more experienced firms, who assist in the design phase of a procurement contract and as a consequence are even better placed to win the contract in the end;
Amendment 143 #
Motion for a resolution Paragraph 37 a (new) 37a. Highlights the importance of transparency and the non-discriminatory nature of public procurement procedures; recalls the importance of having proper appeal procedures in place and the importance of having access to guidance on how to launch an appeal;
Amendment 15 #
Motion for a resolution Recital G G. whereas the new rules introduced by the 2014 directives, by facilitating public procurement and imposing more controls, should contribute to the implementation of the Europe 2020 Strategy for a sustainable, more social, innovative and inclusive economy;
Amendment 16 #
Motion for a resolution Recital G a (new) Ga. whereas according to the Commission communication on making Public Procurement work, 55% of the public procurement procedures still use the lowest price as the only award criterion, instead of, for instance, strategic social and environmental criteria;
Amendment 17 #
Motion for a resolution Recital G a (new) Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 18 #
Motion for a resolution Recital H H. whereas it is of crucial importance that suppliers trust that the Union’s public procurement systems offer simple and accessible, digital procedures, full transparency, integrity and security of data;
Amendment 19 #
Motion for a resolution Recital H a (new) Ha. whereas public procurement can provide an important demand-side stimulus to the uptake and production of low- and zero-emission vehicles and hence contribute to reducing overall transport emissions;
Amendment 2 #
Motion for a resolution Recital A A. whereas over 250 000 public authorities in the Union spend around 14 % of GDP, namely nearly 2,000 billion euros each year on the purchase of services, works and supplies;
Amendment 20 #
Motion for a resolution Recital H a (new) Ha. whereas SMEs are important to the functioning of the internal market and SMEs should have better access to public procurement;
Amendment 21 #
Motion for a resolution Paragraph 1 1.
Amendment 22 #
Motion for a resolution Paragraph 1 1. Welcomes, almost four years after the extensive revision of the Union public procurement legislative framework was concluded, the set of non-legislative
Amendment 23 #
Motion for a resolution Paragraph 2 2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for
Amendment 24 #
Motion for a resolution Paragraph 2 2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays; deplores the fact that four Member States have still not completed transposition, and regrets the fact that the
Amendment 25 #
Motion for a resolution Paragraph 2 2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States; demands a swift completion of transposition in all Member States without any further delay;
Amendment 26 #
Motion for a resolution Paragraph 2 2. Is disappointed by the pace and manner at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States;
Amendment 27 #
Motion for a resolution Paragraph 2 2. Is deeply disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States;
Amendment 28 #
Motion for a resolution Paragraph 2 a (new) 2a. Is concerned about the delays that have occurred in the transposition of the 2014 directives in some Member States, and calls on the Member States to avoid measures that increase the amount of bureaucracy in order to guarantee a fair single public procurement market;
Amendment 29 #
Motion for a resolution Paragraph 3 3. Is concerned about the next round of deadlines provided by the directives regarding electronic procurement and the transition of Member States to full e- procurement, including e-invoicing, underlines that given the size of the total procurement market in the EU, each 5% saved could return around €100 billion to the public purse if full e-procurement was implemented;
Amendment 3 #
Motion for a resolution Recital B B. whereas public procurement involves the spending of a considerable
Amendment 30 #
Motion for a resolution Paragraph 3 3. Is concerned about the next round of deadlines provided by the directives regarding electronic procurement and the transition of Member States to full e- procurement, including e-invoicing. Stresses the need for the Member States’ digital agendas to include the promotion of full e-procurement;
Amendment 31 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the Guide on socially responsible public procurement, in order to facilitate the implementation of the respective legal provisions in the Member States and especially the use of the most economically advantageous tender as the main award criterion; in this regard, calls on the Commission to clarify that this does not mean the lowest price;
Amendment 32 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the
Amendment 33 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Commission to publish guidelines on how Member States can use public procurement as a tool to tackle antimicrobial resistance, including guidance for procurement of livestock products based on good husbandry practices, environmentally friendly production of antibiotics and services for the healthcare sector;
Amendment 34 #
Motion for a resolution Paragraph 5 5.
Amendment 35 #
Motion for a resolution Paragraph 5 5. Asks the Commission to
Amendment 36 #
Motion for a resolution Paragraph 5 5. Asks the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more accessible and user- friendly way that offers a good overview to practitioners, while also paying attention to the languages available;
Amendment 37 #
Motion for a resolution Paragraph 5 5. Asks the Commission to better
Amendment 38 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on the Commission to propose compulsory green public procurement procedures; considers that goods as services, reused, repaired, remanufactured, refurbished and other sustainable and resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should apply;
Amendment 39 #
Motion for a resolution Paragraph 5 a (new) 5a. Call on the Member States’ universities to consider developing further university courses in European public procurement law;
Amendment 4 #
Motion for a resolution Recital B a (new) Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 40 #
Motion for a resolution Paragraph 6 a (new) 6a. Considers that it would be appropriate to analyse the consequences of the inclusion in the new directives of social and other specific services which were previously excluded; calls for a proper assessment of the impact of this new situation on the functioning of the concerned sectors, in consultation with the relevant stakeholders in these sectors;
Amendment 41 #
Motion for a resolution Paragraph 6 b (new) 6b. Underlines the importance to ensure, in accordance with the public procurement directives, that economic operators comply with 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; points out in this regard that certain international conventions are not mentioned in the new directives although they are ratified by all Member States, in particular the Convention on international trade in endangered species of wild fauna and flora, the Convention on biological diversity, the United Nations framework convention on climate change, the Cartagena protocol on biosafety and the Paris agreement (formerly Kyoto Protocol); calls to examine the possibility to include these conventions in the procurement directives;
Amendment 42 #
Motion for a resolution Paragraph 7 7. Points out that the current Union legislation, more than ever, allows for public procurement to be used as a strategic instrument to promote policy goals, and encourages the Member States to get the most that they can out of it; recalls that at regional and local level as well, public procurement is an important tool to respond to regional and local strategies, which are environmentally and socially sustainable;
Amendment 43 #
Motion for a resolution Paragraph 7 7. Points out that the current Union legislation, more than ever, allows for
Amendment 44 #
Motion for a resolution Paragraph 7 7. Points out that the current Union legislation, more than ever, allows for public procurement to be used as a strategic instrument to promote EU policy goals, and encourages the Member States to get the most that they can out of it;
Amendment 45 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 46 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 47 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular and socially responsible economy, as well as employment, innovation, SME and social economy enterprises growth and competition; underlines that this requires Member States to systematically signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 48 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, ethical and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration; is of the opinion that in this regard awareness-raising and information of all actors involved is necessary;
Amendment 49 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use public procurement strategically in order to promote an innovative, sustainable, circular and socially responsible economy,
Amendment 5 #
Motion for a resolution Recital B a (new) Ba. whereas public procurement is a strategic tool used to reach the EU’s goals of green and socially inclusive growth;
Amendment 50 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, environmentally friendly and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 51 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, ethical and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 52 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to use
Amendment 53 #
Motion for a resolution Paragraph 8 a (new) 8a. Points out the importance of tendering conditions which are not overly burdensome, so that access to public contracts remains possible for all companies, including SMEs;
Amendment 54 #
Motion for a resolution Paragraph 9 9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising their public procurement systems. Stresses that public procurement is a cross-cutting area for the various public administrations, and it is thus essential to have, in addition to coordination, a governance structure that involves the main stakeholders so that the fundamental decisions can be taken in a more collaborative manner and accepted by all those involved;
Amendment 55 #
Motion for a resolution Paragraph 9 9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising their public procurement systems and hence enhancing the efficiency of that process;
Amendment 56 #
Motion for a resolution Paragraph 9 9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising their public procurement systems and making them more efficient;
Amendment 57 #
Motion for a resolution Paragraph 9 9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising and streamlining their public procurement systems;
Amendment 58 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on regional and local authorities to establish a procurement strategy which defines how the procurement plans of the authority, within a timeframe of the upcoming five years, will support the strategic goal of green and socially inclusive growth; calls upon Union institutions, Member States and central and local government authorities to ensure that contracting authorities have a comprehensive procurement strategy in place and it is carried out at the level of each procurement entity; as part of this process public hearings and consultations with the end users of products and services should be arranged;
Amendment 59 #
Motion for a resolution Paragraph 10 10. Welcomes the fact that
Amendment 6 #
Motion for a resolution Recital B a (new) Ba. whereas public procurement is a strategic tool used to achieve the EU’s goals of green and socially inclusive growth;
Amendment 60 #
Motion for a resolution Paragraph 10 10. Welcomes the fact that many Member States have made provisions for
Amendment 61 #
Motion for a resolution Paragraph 10 10. Welcomes the fact that many Member States have made provisions for accepting the most economically advantageous tender (MEAT) – rather than simply using the lowest price, which would be to the detriment of quality – and encourages its systematic application;
Amendment 62 #
Motion for a resolution Paragraph 10 10. Welcomes the fact that many Member States have made provisions for accepting the most economically advantageous tender (MEAT) and encourages its systematic application; highlights the importance of green criteria in MEAT;
Amendment 63 #
Motion for a resolution Paragraph 10 10. Welcomes the fact that many Member States have made provisions for
Amendment 64 #
Motion for a resolution Paragraph 11 11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as an award criterion in a number of Member States, a
Amendment 65 #
Motion for a resolution Paragraph 11 11.
Amendment 66 #
Motion for a resolution Paragraph 11 11.
Amendment 67 #
Motion for a resolution Paragraph 11 11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the
Amendment 68 #
Motion for a resolution Paragraph 11 11.
Amendment 69 #
Motion for a resolution Paragraph 11 11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and therefore
Amendment 7 #
Motion for a resolution Recital C C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 70 #
Motion for a resolution Paragraph 11 11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and therefore calls on the Commission and the Member States to analyse and report on the reason behind this situation;
Amendment 71 #
Motion for a resolution Paragraph 11 11. While acknowledging that
Amendment 72 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Member States to use innovation partnerships more often;
Amendment 73 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them; calls on Member States to ensure that the judicial remedy of persons with disabilities is guaranteed in public procurement processes that directly impact them;
Amendment 74 #
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them;
Amendment 75 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls for the adoption of a European Code of Ethics for Public Procurement for the various actors in the procurement process, in particular to ensure compliance with social and environmental standards;
Amendment 76 #
Motion for a resolution Paragraph 11 b (new) Amendment 77 #
Motion for a resolution Paragraph 11 b (new) 11b. Calls on the Member States to ensure that the provision of services of general interest, such as, services for children, the elderly and disabled persons are without exceptions excluded from public procurement processes which use only the lowest price as an award criterion;
Amendment 78 #
Motion for a resolution Paragraph 11 b (new) 11b. Underlines the importance of establishing a transparent dialogue with civil society, including trade unions and representatives of disabled people, with the aim of creating better analytical tools to develop policies that correspond to the real needs of society;
Amendment 79 #
Motion for a resolution Paragraph 12 12. Stresses that it is important for contracting authorities to consider the full life-cycle of products, including their impact on the environment, in their purchasing decisions, and calls on the Commission to assist in the development of methodologies to implement the concept of ‘life-cycle costing’;
Amendment 8 #
Motion for a resolution Recital C C. whereas the correct implementation of public procurement
Amendment 80 #
Motion for a resolution Paragraph 12 12. Stresses that it is important for contracting authorities to consider the full life-cycle of products in their purchasing decisions, when appropriate, and calls on the Commission to assist in the development of methodologies to implement the concept of ‘life-cycle costing’
Amendment 81 #
Motion for a resolution Paragraph 12 a (new) 12a. Underlines that, when applying LCC, public purchasers should take into account the costs of resource use, maintenance and disposal, which are not reflected in the purchase price, especially as there is an enormous potential for savings over the life-cycle of a good, work or service by savings on the use of energy, water and fuel, on maintenance and replacement as well as on disposal costs, among other things;
Amendment 82 #
Motion for a resolution Paragraph 13 13. Notes that innovative, socio- economic and environmental considerations are legitimate award criteria in public procurement, but that contracting authorities can also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers and recalls that such considerations must be applied in conformity with the basic principles of Union law, in particular with a view to ensuring equal treatment, in a way that does not discriminate directly or indirectly against economic operators and workers from other Member States;
Amendment 83 #
Motion for a resolution Paragraph 13 13.
Amendment 84 #
Motion for a resolution Paragraph 13 13. Notes that innovative, socio- economic and environmental considerations are legitimate award criteria in public procurement
Amendment 85 #
Motion for a resolution Paragraph 13 13. Notes that innovative, socio- economic, ethical and environmental considerations are legitimate and essential award criteria in public procurement,
Amendment 86 #
Motion for a resolution Paragraph 13 13. Notes that innovative, socio- economic, ethical and environmental considerations are legitimate award criteria in public procurement, but that contracting authorities can also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers;
Amendment 87 #
Motion for a resolution Paragraph 13 a (new) 13a. Recalls that the Union public procurement legislative framework obliges Member States to ensure that contractors and subcontractors fully comply with the environmental, social and labour law provisions which apply at the place where the works are executed, services provided or goods produced or supplied, as set out in the applicable international conventions, in Union and national law as well as in collective agreements concluded in accordance with national law and practices; calls on the Commission to guarantee that this obligation is fulfilled by Member States in the transposition and application of the 2014 directives and to facilitate the exchange of best practices in this area;
Amendment 88 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to develop and adopt into use common Life Cycle indicators relating to the life cycle of a product or works or the provision of a service, measuring all aspects relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights, impacts on adjacent communities, and ethical trade; calls on the adoption of these indicators to guide 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 89 #
Motion for a resolution Paragraph 13 a (new) 13a. Underlines that public procurement policies have an important role in fostering the procurement of agricultural products and foodstuffs from local producers, and calls on the Commission to propose measures to support short food supply chains and to assess their impact on the rural economy;
Amendment 9 #
Motion for a resolution Recital C a (new) Ca. whereas, when it comes to the transposition of EU rules on public procurement and concessions, the full transposition and implementation of EU law is essential to make it easier and cheaper for small and medium-sized enterprises to bid for public contracts, in full respect of the EU’s principles of transparency and competition;
Amendment 90 #
Motion for a resolution Paragraph 13 a (new) 13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 91 #
Motion for a resolution Paragraph 13 b (new) 13b. Calls on Member States to introduce systems of joint and several liability for the subcontracting chains in public procurements; asks the Commission to propose the introduction of such a system in the European Union public procurement legislative framework, at least with regard to the compliance of contractors and subcontractors with environmental, social and labour law provisions;
Amendment 92 #
Motion for a resolution Paragraph 13 b (new) 13b. Notes the importance of financing in green transport infrastructure projects, e.g. infrastructure for alternative fuels, and cross-border cooperation between Member States; stresses that the award criteria for obtaining EU financing needs to include an obligation to demonstrate how the proposed project will contribute to achieving climate targets;
Amendment 93 #
Motion for a resolution Paragraph 13 c (new) 13c. Welcomes the Commission’s proposal for revision of the Clean Vehicles Directive (amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles) and the inclusion of binding procurement targets for 2025 and 2030, which will increase the market uptake of low- and zero-emission vehicles and contribute to the Union’s drive towards low-emission mobility;
Amendment 94 #
Motion for a resolution Paragraph 14 14. Acknowledges that a qualitative assessment of bids requires skilled procurers, and calls on the Commission to assist Member States with the dissemination of evaluation methodologies and practices; underlines that such assistance should be available at all administrative levels where procurement is carried out;
Amendment 95 #
Motion for a resolution Paragraph 14 14. Acknowledges that a qualitative assessment of bids requires skilled procurers, and calls on the Commission to assist Member States with the dissemination of evaluation methodologies and practices, particularly through the organisation of workshops and training courses;
Amendment 96 #
Motion for a resolution Paragraph 14 a (new) 14a. Points out that that socially responsible public procurement must take into account supply chains and the risks associated with modern-day slavery, social dumping and human rights violations. Efforts need to be made to ensure that goods and services acquired through public procurement are not produced in a manner that violates human rights. Calls on the Commission to include substantive provisions on ethics in supply chains in its new guide on social considerations in public procurement;
Amendment 97 #
Motion for a resolution Paragraph 16 16. Calls for more Member States to use the advantages of central purchasing and aggregation of public purchasing, and notes that Central Purchasing Bodies can speed up dissemination of expertise, of best practices and of innovation, while at the same time being concerned by the fact that activities of Central Purchasing bodies may create a risk of market concentration and the development of monopolistic structures, as well as lead to the decreased participation of SMEs in public procurement markets;
Amendment 98 #
Motion for a resolution Paragraph 16 16. Calls for more Member States to use the advantages of central purchasing and aggregation of public purchasing, and notes that Central Purchasing Bodies c
Amendment 99 #
17. Stresses that, especially with the aim of fostering innovation, it is important that contracting authorities engage with the market and make sufficient use of the pre- procurement phase as preparation for the next steps; believes that pre-procurement can be an essential phase for supporting SME involvement too;
source: 619.393
2018/04/10
INTA
36 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses that public procurement markets are of major economic importance, given that procurement expenditure is estimated to account for 20 % of global GDP, and
Amendment 10 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that accessibility, high quality and continuity of public services are dependent on the efficiency of contract management; reiterates that public procurement should be used as a tool to achieve policy objectives in accordance with a predetermined economic, industrial and social programme; to this end, considers it necessary to ensure that public administrations responsible for tendering act transparently and extremely competently and to ensure that public money is spent on works, supplies and services that contribute to social development and to sustainable, inclusive and innovative economic growth.
Amendment 11 #
Draft opinion Paragraph 2 a (new) 2a. Hints to the fact that among EU Member States import ratios in public procurement vary a lot; points out that the Ramboll study produced for the EU Commission suggests a relatively higher degree of openness of EU public procurement markets based on data including intra-EU imports, while this should be considered domestic trade in international comparison and EU trade negotiations; underlines the differences in the importance of central level procurement between federal and non- federal states; is mindful of the lack of updated and meaningful statistical reporting of GPA members;
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that an annex on government procurement should be included in each future trade agreement with a view to maximising the participation of European companies in foreign tenders and promoting the application of social and environmental criteria, including gender equality criteria in awarding public procurement contracts; Regrets in this regard that 55% of procurement procedures still use the lowest price as the only award criterion instead of MEAT (most economically advantageous tenders);
Amendment 13 #
Draft opinion Paragraph 2 b (new) 2b. Notes that high quality public services depend on modern, transparent and efficient public procurement processes; Recalls therefore that public procurement should be used in a more strategic manner, to obtain better value for each euro of public money spent and to contribute to sustainable growth and jobs and to a more innovative, inclusive economy;
Amendment 14 #
Draft opinion Paragraph 2 c (new) 2c. Regrets that clear and consolidated procurement data is often not available and therefore citizens cannot access details of procurement procedures;
Amendment 15 #
Draft opinion Paragraph 3 3.
Amendment 16 #
Draft opinion Paragraph 3 3. Welcomes the fact that one of the six priority areas for the Commission’s action in the field of public procurement is the improvement of access to procurement markets; stresses that improving access to public procurement markets in third countries, including at the sub-national level, constitutes a strong offensive interest for the EU in trade negotiations
Amendment 17 #
Draft opinion Paragraph 3 3. Welcomes the fact that one of the six priority areas for the Commission’s action in the field of public procurement is the improvement of access to procurement markets; stresses that improving access to public procurement markets in third countries, including at the sub-national level, constitutes a strong offensive interest for the EU in trade negotiations on public procurement, given that many EU companies are highly competitive in various sectors; calls on the Commission to ensure compliance with and proper implementation of the provisions concerning public procurement markets contained in the EU’s free trade agreements; recalls that improved market access to third-country public procurement markets, and enhanced rules for transparent procurement procedures, should be key elements for any trade agreement to be concluded by the EU;
Amendment 18 #
Draft opinion Paragraph 3 3. Welcomes the fact that one of the six priority areas for the Commission’s action in the field of public procurement is the improvement of access to procurement markets; stresses that improving access to public procurement markets in third countries, including at the sub-national level, constitutes a strong offensive interest for the EU in trade negotiations on public procurement, given that many EU companies are highly competitive in various sectors; recalls that improved market access to third-country public procurement markets, and enhanced rules for transparent procurement procedures, should be key elements for any trade agreement to be concluded by the EU; emphasises that the Comprehensive Economic and Trade Agreement guarantees the greatest access of any bilateral Free Trade Agreement hitherto for EU suppliers;
Amendment 19 #
Draft opinion Paragraph 3 3. Welcomes the fact that one of the six priority areas for the Commission’s action in the field of public procurement is the improvement of access to procurement
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses that public procurement markets are of major economic importance, given that procurement expenditure is estimated to account for 20 % of global GDP,
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that citizens of our trading partners and of the European Union alike have all rights to expect a fair return on their taxes in the form of high-quality public services, and that any trade agreement must be supportive of the overall objective to obtain better value for public money, to deliver better outcomes for societal and other public policy objectives while increasing efficiency of public spending.
Amendment 21 #
Draft opinion Paragraph 3 b (new) 3b. Points out that the payment of taxes constitutes an important factor in price competition, as well as for the public budget; deplores the practise of tax avoidance occurring in the context of international trade, including procurement contracts, and calls on the Commission to present a proposal ensuring that taxes are being paid by any company winning a contract, in the case of services, including digital services, at the place where the service is being provided;
Amendment 22 #
Draft opinion Paragraph 4 4. Emphasises that any strategy to open up public procurement markets in third countries should take into account the specific needs of SMEs, as access to third- country public procurement markets can be particularly difficult for them; calls on the Commission to provide practical tools to promote the establishment of consortiums by SMEs, especially of a cross-border nature, to participate in international public procurement procedures; draws attention furthermore to the importance of creating appropriate instruments to enable SMEs to grow and compete at international level; stresses moreover that the division of contracts into lots should be functional in relation to the planning and performance of the contract and should not cause fragmentation of the public procurement market.
Amendment 23 #
Draft opinion Paragraph 4 4.
Amendment 24 #
Draft opinion Paragraph 4 4. Emphasises that any strategy to open up public procurement markets in third countries should take into account the
Amendment 25 #
Draft opinion Paragraph 4 4. Emphasises that any strategy to open up public procurement markets in third countries should take into account the specific needs of SMEs both in the Union and in partner countries, as access to third-
Amendment 26 #
Draft opinion Paragraph 4 4. Emphasises that any strategy to open up public procurement markets in third countries should take into account the specific needs of SMEs, as access to third- country public procurement markets can be particularly difficult for them; highlights the benefits to SMEs of bridging public procurement and digitalisation via e- procurement in public procurement contracts with third countries;
Amendment 27 #
Draft opinion Paragraph 4 4. Emphasises that any strategy to open up public procurement markets in third countries
Amendment 28 #
Draft opinion Paragraph 4 a (new) 4a. Notes that procurement procedures are often associated with complex rules and unnecessary administrative burden; Urges Member States to boost digital transformation and the use of digital technologies of procurement processes, to simplify and accelerate procurement procedures; Stresses that improving procurement skills at all stages of the procurement process, including e-skills, is of vital importance and together with enhanced transparency and openness, can contribute to fighting collusion and eliminating cases of misconduct;
Amendment 29 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to negotiate clauses in trade agreements that provide for a conditionality in public procurement contracts for large infrastructure projects linked to benefits for the domestic labour market and decent wages;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses that public procurement markets are of major economic importance, given that procurement expenditure is estimated to account for 20 % of global GDP, and that improving access to public procurement markets in third countries can therefore be a major driver for growth in trade of goods and services,
Amendment 30 #
Draft opinion Paragraph 4 b (new) 4b. Encourages the Commission and EU Member States and the procuring authorities of our trading partners to influence working conditions by exercising leverage over their immediate suppliers and, through supply chain requirements, in turn over other companies involved in the production process, harnessing the potential of public procurement to promote respect for labour rights globally.
Amendment 31 #
Draft opinion Paragraph 4 c (new) 4c. Demands from the EU Commission to negotiate a binding reference to ILO Convention 94 concerning Labour Clauses in Public Contracts in the public procurement chapter of all pending and future trade agreements of the Union;
Amendment 32 #
Draft opinion Paragraph 4 d (new) 4d. Stresses the importance to monitor or verify whether suppliers from third countries fulfilled the required terms during the performance of the contract, and recommends to create a complaint mechanism, including a publicly accessible database on Union level;
Amendment 33 #
Draft opinion Paragraph 5 5. Points out that major emerging economies, such as Brazil, China, India and Russia, are not yet part of the GPA, while China and Russia are officially in the process of acceding, and asks the Commission to encourage and promote third countries in their efforts to join the GPA, as multilateral and plurilateral agreements are the best way to establish a level playing field; stresses that bilateral trade agreements with ambitious procurement provisions respecting the underlying principles of the General Procurement Agreement can be a stepping stone for enhanced multilateral cooperation;
Amendment 34 #
Draft opinion Paragraph 5 5. Points out that major emerging economies, such as Brazil, China, India and Russia, are not part of the GPA, and asks the Commission to encourage third countries to join the GPA, as multilateral and plurilateral agreements are the best
Amendment 35 #
Draft opinion Paragraph 6 6. Highlights the importance of the GPA not only for providing de jure access to procurement markets in third countries, but also for enhancing the transparency of procurement procedures; encourages the Commission to promote the development of global and convergent standards for transparent procurement as an important tool for combating corruption; Recalls that enabling the reporting of corruption, simplified procedures and stronger provisions on integrity and transparency for bidders can also be effective tools to combat corruption and foster integrity in public administration; Calls on the Commission to set up effective reporting mechanisms and to strengthen the protection of whistle-blowers against retaliation;
Amendment 36 #
Draft opinion Paragraph 6 6. Highlights the importance of the GPA not only for providing de jure access to procurement markets in third countries, but also for enhancing the transparency and predictability of procurement procedures; encourages the Commission to promote the development of global and convergent standards for transparent procurement as an important tool for combating corruption;
Amendment 4 #
Draft opinion Paragraph 1 1. Stresses that public procurement markets are of major economic importance, given that procurement expenditure is estimated to account for 20 % of global GDP, and that improving access to public procurement markets in third countries, as well as levelling the playing field, can therefore be a major driver for growth in trade of goods and services, and a motor for economic growth and jobs in the EU;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Considers that, given its economic size, the access to the Union procurement market represents a very relevant tool for leverage with third countries; is therefore of the view that more consideration should be given to the social and environmental standards applying in third countries, for instance by further integrating that dimension into the most economically advantageous tender (MEAT) criteria; for the sake of policy coherence with the Union’s strategic climate objectives, calls on the Commission to consider limiting the access to the Union public procurement market for goods and services originating from third countries that do not abide by the commitments undertaken under the Paris Agreement;
Amendment 6 #
Draft opinion Paragraph 2 2. Points out that public procurement markets in third countries are often de jure and/or de facto closed to EU bidders;
Amendment 7 #
Draft opinion Paragraph 2 2. Points out that public procurement markets in third countries are often de jure and/or de facto closed to EU bidders; recalls that the Commission estimates that more than half of the global procurement market is currently closed to free international competition owing to
Amendment 8 #
Draft opinion Paragraph 2 2. Points out that public procurement markets in third countries are often de jure and/or de facto closed to EU bidders; recalls that the Commission estimates that more than half of the global procurement market is currently closed to free international competition owing to protectionist measures, which are globally on a rise, while approximately EUR 352 billion in value of EU public procurement is open to bidders from member countries of the WTO Agreement on Government Procurement (GPA)1 ;
Amendment 9 #
Draft opinion Paragraph 2 2. Points out that public procurement markets in third countries are often de jure and/or de facto closed to EU bidders; recalls that the Commission estimates that more than half of the global procurement market is currently closed to free international competition owing to protectionist measures, which are globally on a rise, while approximately EUR 352 billion in value of EU public procurement is open to bidders from member countries of the WTO Agreement on Government Procurement (GPA)1 ;
source: 620.819
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History
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