BETA

Activities of Mikael GUSTAFSSON related to 2011/0438(COD)

Plenary speeches (1)

Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
2016/11/22
Dossiers: 2011/0438(COD)

Amendments (53)

Amendment 184 #
Proposal for a directive
Recital 5
(5) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must 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 in defining and implementing its policies and activities. 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 mayshould contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that they can obtain the best value for money for their contracts. , social protection and public health and safety and can use their discretionary powers to lay down technical specifications and award criteria conducive to the conclusion of socially and environmentally sustainable public contracts, whilst guaranteeing a link with the subject- matter of the contract and ensuring that they can obtain the best value for money for their contracts. This Directive recognises in particular the right of any Member State to ratify and comply with ILO Convention No. 94.
2012/07/12
Committee: IMCO
Amendment 206 #
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 51 000 000. 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 Committee17 . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non-discrimination.
2012/07/12
Committee: IMCO
Amendment 210 #
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 sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules. However, the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled. This directive should aim to ensure that any exempted public-public cooperation does not cause a distortionIn particular, 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. Contracts awarded to controlled entities or social business, as defined in the Commission communication of 25 October 2011 entitled 'Social Business Initiative', ofr comopetiration in relation to private economic operators. Neither shouldfor the joint execution of the public service tasks of the participation of ang contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionies should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled.
2012/07/12
Committee: IMCO
Amendment 223 #
Proposal for a directive
Recital 15 a (new)
(15 a) This Directive ensures the application of Directive 2001/23/EC on the approximation of laws of the Member States relating to the safeguarding or workers' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses in order to ensure the respect of the rules of equal competition and the protection of workers in the context of the transfer of the undertaking.
2012/07/12
Committee: IMCO
Amendment 240 #
Proposal for a directive
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two yearscouraged.
2012/07/12
Committee: IMCO
Amendment 244 #
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 authorities across the Single Market. In addition, contracting authorities from different Member States may set up joint legal bodies established under national or Union law. Specific rules should be established for such form of joint procurement.deleted
2012/07/12
Committee: IMCO
Amendment 248 #
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 description of the product and its presentation, including packaging requirements and the production process. 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, trade unions and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
2012/07/12
Committee: IMCO
Amendment 259 #
Proposal for a directive
Recital 35
(35) Allowance should, however, be made for the possibility that economic operators may adopt compliance measures aimed at remedying the consequences of any criminal offences or misconduct and at effectively preventing further occurrences of the misbehaviour. These measures may consist in particular in personnel and organisation measures such as the severance of all links with persons or organisations involved in the misbehaviour, appropriate staff reorganisation measures, the implementation of reporting and control systems, the creation of an internal audit structure to monitor compliance and the adoption of internal liability and compensation rules. Where such measures offer sufficient guarantees, the economic operator in question should no longer be excluded on these grounds. Economic operators should have the possibility to request that contracting authorities examine the compliance measures taken with a view to possible admission to the procurement procedure. The maximum period for exclusion of an economic operator should be 10 years.
2012/07/12
Committee: IMCO
Amendment 305 #
Proposal for a directive
Recital 49
(49) The evaluation has shown that Member States do not consistently and systematically monitor the implementation and functioning of public procurement rules. This has a negative impact on the correct implementation of provisions stemming from these directives, which is a major source of cost and uncertainty. Several Member States have appointed a national central body dealing with public procurement issues, but the tasks entrusted to such bodies vary considerably across Member States. Clearer, more consistent and authoritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules, improve legal certainty for businesses and contracting authorities, and contribute to establishing a level playing field. Such mechanisms could serve as tools for the detection and early resolution of problems, especially with regard to projects cofunded by the Union, and for the identification of structural deficiencies. There is in particular a strong need to coordinate these mechanisms to ensure consistent application, controlshould therefore step up their monitoring efforts and in the case of uncertainties they should not hesitate to ask the Commission for clarification. Moreover, the European Commission should report annually on the need for clarifications, on new jurisprudence of the European Court of Justice, and monitoring of public procurement policy, as well as systematic assessment of the outcomes of procurement policy across the Union frequently heard complaints concerning the implementation of this Directive.
2012/07/12
Committee: IMCO
Amendment 315 #
Proposal for a directive
Recital 53
(53) Effective cooperation is necessary to ensure consistent advice and practice within each Member State and across the Union. Bodies designated for monitoring, implementation, control and technical assistance should be able to share information and cooperate; in the same context, the national authority designated by each Member State should act as the preferred contact point with the Commission services for the purpose of collecting data, exchanging information and monitoring the implementation of Union public procurement law.
2012/07/12
Committee: IMCO
Amendment 318 #
Proposal for a directive
Recital 54
(54) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annexes V and XI; the lists of central government authorities are subject to variations due to administrative changes at national level. These are notified to the Commission, which should be empowered to adapt the Annex I; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; and the content of the European Procurement Passport to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.
2012/07/12
Committee: IMCO
Amendment 320 #
Proposal for a directive
Recital 55
(55) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert levelwith all stakeholders, including SME-, environmental-, and consumer organisations and trade unions. 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.
2012/07/12
Committee: IMCO
Amendment 338 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive shall 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 procedures ipso facto holds no value.
2012/07/12
Committee: IMCO
Amendment 383 #
Proposal for a directive
Article 4 – paragraph 1 – point a
(a) EUR 58 000 000 for public works contracts;
2012/07/12
Committee: IMCO
Amendment 385 #
Proposal for a directive
Article 4 – paragraph 1 – point b
(b) EUR 1300 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;
2012/07/12
Committee: IMCO
Amendment 389 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
2012/07/12
Committee: IMCO
Amendment 397 #
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 407 #
Proposal for a directive
Article 5 – paragraph 9
9. Contracting authorities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8160 000 for supplies or services or EUR 12 million for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 20 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.
2012/07/12
Committee: IMCO
Amendment 420 #
Proposal for a directive
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services; and any of the following legal services: (i) legal representation of a client in judicial proceedings before courts, tribunals or public authorities by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected with the exercise of official authority.
2012/07/12
Committee: IMCO
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
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 on the Functioning of the European Union.
2012/07/12
Committee: IMCO
Amendment 583 #
Proposal for a directive
Article 12 – paragraph 1 – point a – introductory part
(a) works contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 58 000 000, where those contracts involve one of the following activities:
2012/07/12
Committee: IMCO
Amendment 584 #
Proposal for a directive
Article 12 – paragraph 1 – point b
(b) service contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 2400 000 and which are connected to a works contract within the meaning of point (a).
2012/07/12
Committee: IMCO
Amendment 612 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
2a. This Article shall not prevent public disclosure of concluded contracts, including any subsequent changes.
2012/07/12
Committee: IMCO
Amendment 623 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed usingtake all necessary steps to facilitate the use of electronic means of communication, in particular e- submission, for all procurement procedures under this Directive, in accordance with the requirements of this Article.
2012/07/12
Committee: IMCO
Amendment 644 #
Proposal for a directive
Article 21 a (new)
Article 21a Protection of whistleblowers Procurement agencies and authorities shall have in place internal whistleblowing procedures for staff to ensure that: (a) any staff member (including temporary and contract workers, interns and consultants) who makes a good-faith disclosure regarding any type of material wrongdoing is protected from any and all forms of retaliation, harassment or deleterious actions; (b) the confidentiality of whistleblowers is maintained unless explicitly waived by them; (c) adequate mechanisms are made available for disclosures to be made, such as helplines and online forms; (d) a whistleblower who has been retaliated against has the right to a fair hearing before an impartial forum and shall be fully compensated; those who commit retaliation shall be duly sanctioned; (e) disclosures are properly investigated and corrective action taken (if appropriate), and that whistleblowers have the option to participate in these procedures; (f) managers must prove that any actions taken against a whistleblower were motivated by reasons other than the whistleblowing; (g) inaccurate disclosures, if made in good faith, are protected; disclosures shown to be made in bad faith are not protected; (h) management and staff should be adequately trained in whistleblower rights, policies and procedures; (i) whistleblower policies should be monitored and evaluated at regular intervals by independent bodies; (j) external whistleblowing to elected officials, NGOs, the media and other appropriate parties is protected if internal channels do not function or do not exist.
2012/07/12
Committee: IMCO
Amendment 776 #
Proposal for a directive
Article 29
Article 29 Innovation partnership 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. 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 after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rights. 3. The contract shall be awarded in accordance with the rules for a competitive procedure with negotiation set out in Article 27. In selecting candidates, contracting authorities shall pay particular attention to criteria concerning the tenderers’ capacity and experience in the field of research and development and of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64. 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). 4. The structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supply, service or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profit. Contracting authorities shall not use innovation partnerships in such a way as to prevent, restrict or distort competition.deleted
2012/07/12
Committee: IMCO
Amendment 796 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request.
2012/07/12
Committee: IMCO
Amendment 802 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
(i) the absence of competition for technical or legal reasons;
2012/07/12
Committee: IMCO
Amendment 814 #
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, as a general rule, exceed threefour years;
2012/07/12
Committee: IMCO
Amendment 839 #
Proposal for a directive
Article 31 – paragraph 5 a (new)
5 a. Contracting authorities have the possibility to add new economic operators to the framework agreement during the term of the contract, provided that these economic operators meet all the criteria set in this article, and did not exist yet at the time of the conclusion of the agreement. Contracting authorities have the possibility to remove economic operators from the framework agreement during the term of the contract, where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under the agreement.
2012/07/12
Committee: IMCO
Amendment 847 #
Proposal for a directive
Article 32 – paragraph 6 – introductory part
6. Contracting authorities shall indicate the duration of the dynamic purchasing system in the call for competition. They shall notify the Commission of any change in duration, using the following standard forms:
2012/07/12
Committee: IMCO
Amendment 856 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented. Electronic auctions can only be used for commonly used purchases of goods that are generally available on the market at a more or less standardised quality. They cannot be used for the purchase of services or complex or non standardised products.
2012/07/12
Committee: IMCO
Amendment 861 #
Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1
Where the contract is to be awarded on the basis of the most economically advantageous tender, tThe invitation shall be accompanied by the outcome of a full evaluation of the relevant tenderer, carried out in accordance with the weighting provided for in the first subparagraph of Article 66(5).
2012/07/12
Committee: IMCO
Amendment 874 #
Proposal for a directive
Article 38
Article 38 Joint procurement between contracting authorities from different Member States 1. Without prejudice to Article 11, contracting authorities from different Member States may jointly award public contracts by using one of the means described in this Article. 2. Several contracting authorities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located. 3. Several contracting authorities from different Member States may jointly award a public contract. In that case, the participating contracting authorities shall conclude an agreement that determines (a) which national provisions shall apply to the procurement procedure. (b) the internal organisation of the procurement procedure, including the management of the procedure, the sharing of responsibilities, the distribution of the works, supplies or services to be procured, and the conclusion of contracts. (c) When determining the applicable national law in accordance with point (a), contracting authorities may choose the national provisions of any Member State in which at least one of the participating authorities is located. 4. Where several contracting authorities from different Member States have set up a joint legal entity, including European Groupings of territorial cooperation under Regulation (EC) N° 1082/2006 of the European Parliament and of the Council1 or other entities established under Union law, the participating contracting authorities shall, by a decision of the competent body of the joint legal entity, agree on the applicable national procurement rules of one of the following Member States: 1 OJ L 210 of 31.7.2006, p. 19 (c) the national provisions of the Member State where the joint legal entity has its registered office; (d) the national provisions of the Member State where the joint legal entity is carrying out its activities. (e) This agreement may either apply for an undetermined period, when fixed in the constitutive act of the joint legal entity, or may be limited to a certain period of time, certain types of contracts or to one or more individual contract awards. 5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting authority on behalf of the others, the national provisions of the Member State of that contracting authority shall apply; (b) where the procedure is not conducted or managed by one participating contracting authority on behalf of the others, and (i) concerns a works contract, contracting authorities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting authorities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting authorities shall apply the national provisions of the Member State of the contracting authority which bears the biggest share of the costs. 6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation procurement procedures conducted by joint legal entities set up by several contracting authorities from different Member States shall be determined following the following rules: (f) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply. (g) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b) of paragraph 5 shall apply. where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting authorities shall apply the national provisions of the Member State where the legal entity has its registered office. 7. One or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts. 8. Decisions on the award of public contracts in cross-border procurement shall be subject to the ordinary review mechanisms available under the national law applicable. 9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 89/665/EEC1 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting authorities established on their territory participating in the relevant cross-border public procurement procedure.deleted governing public
2012/07/12
Committee: IMCO
Amendment 910 #
Proposal for a directive
Article 40 – paragraph 1 a (new)
1. Technical specifications may also include requirements relating to: a) Employment conditions, organisation, qualification and experience of staff assigned to performing the contract in question;
2012/07/12
Committee: IMCO
Amendment 924 #
Proposal for a directive
Article 40 – paragraph 4
4. UnlessOn an exceptional basis, and only when justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words 'or equivalent'.
2012/07/12
Committee: IMCO
Amendment 929 #
Proposal for a directive
Article 40 – paragraph 6 – subparagraph 2 a (new)
Contracting authorities must be able to control and follow up that the requirements are fulfilled, during the tendering process as well as during the performance of the contract.
2012/07/12
Committee: IMCO
Amendment 946 #
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, trade unions, manufacturers, distributors and environmental organisations, may participate,
2012/07/12
Committee: IMCO
Amendment 963 #
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 shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
2012/07/12
Committee: IMCO
Amendment 970 #
Proposal for a directive
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate 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.deleted
2012/07/12
Committee: IMCO
Amendment 986 #
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
In procedures for awarding public supply or service contracts, contracting authorities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.deleted
2012/07/12
Committee: IMCO
Amendment 1008 #
Proposal for a directive
Article 44 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/07/12
Committee: IMCO
Amendment 1040 #
Proposal for a directive
Article 54 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to amend the list in Annex XI, where necessary due to the conclusion of new international agreements or modification of existing international agreements.
2012/07/12
Committee: IMCO
Amendment 1083 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 1
1. With regard to sufficient economic and financial standing, cContracting authorities mayshall not require that economic operators to have adequate financial and economic capacity. For that purpose, they may require that economic operators have a certain minimum yearly turnover, including a certaina certain minimum yearly turnover, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents. In this case, the minimum yearly turnover in the area covered by the contract and an adequate professional risk indemnity insuranceshall not exceed two times the estimated contract.
2012/07/12
Committee: IMCO
Amendment 1086 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 2
The minimum yearly turnover shall not exceed three times the estimated contract value, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents.deleted
2012/07/12
Committee: IMCO
Amendment 1090 #
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 3
Where a contract is divided into lots this Article shall apply in relation to each individual lot. However, the contracting authority may set the minimum yearly turnover by reference to groups of lots for the event that the successful tenderer is awarded several lots to be executed at the same time.
2012/07/12
Committee: IMCO
Amendment 1118 #
Proposal for a directive
Article 63 – paragraph 1 – subparagraph 2
TUpon their request, they shall inform the Commission and the other Member States of the address of the certification body or the body responsible for the official lists, to which applications shall be sent.
2012/07/12
Committee: IMCO
Amendment 1242 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
2012/07/12
Committee: IMCO
Amendment 1309 #
Proposal for a directive
Article 70
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 considclude social and environmental considerations, and may also include social and employment protection and working conditions applying in the place where the work, service or supply is to be performed as set out by national legislation and/or collective agreements or internationsal labour law provisions listed in Annex XI. 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.
2012/07/12
Committee: IMCO
Amendment 1444 #
Proposal for a directive
Article 79 – paragraph 2 – subparagraph 2
Where the release ofThe information on the outcome of the contest would impede law enforcement, be contrary to the public interest, or prejudice the legitimate commercial interests of a particular enterpriill be released, unless the release, whether public or private, or might prejudice fair competition between service providers, such information may be withheld from publicationould impede law enforcement or be contrary to the public interest.
2012/07/12
Committee: IMCO
Amendment 1458 #
Proposal for a directive
Article 83 a (new)
Article 83a Register of non-compliance 1. If an economic operator violates the conditions set out in the contract, in particular regarding social and employment protection and working conditions and subcontracting, it shall be inscribed in a register of non-compliance of public procurement rules. 2. The register of non-compliance shall be processed and updated regularly by the supervisory and administrative authorities mentioned in Article 84 and 88. Contracting authorities shall have the right and the obligation to consult the register before awarding a public contract.
2012/07/12
Committee: IMCO
Amendment 1467 #
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinaftensure the correct implementation and democratic, accounting and legal oversight over the implementation of this Directive. Member States are free to decide whether they want to appoint a single independent body for the oversight and coordination activities, or whether they want to leave the oversight to existing oversight bodies that already exercise democratic, accounting and legal control over the contracting authorities. If a Member State decides not to appoint a single independent oversight body’)., Member States shall inform the Commission of their designationensure that: (a) city councils, regional parliaments and national parliaments, are fully equipped to supervise and exercise democratic control over the contracting authorities. (b) auditors, responsible for auditing local, regional and national authorities are fully equipped to supervise and audit the contracting authorities. (c) the judiciary is fully equipped to exercise legal control over the contracting authorities.
2012/07/12
Committee: IMCO
Amendment 1527 #
Proposal for a directive
Article 86
[...]deleted
2012/07/12
Committee: IMCO