4 Amendments of Ivan ŠTEFANEC related to 2023/0081(COD)
Amendment 273 #
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for ca minimum threshold. Within this minimum threshold, the contracting authorities and contracting entities may freely differentiate the weighting of the individual criteria, without ignoring one completely. Contracting authorities and contracting entities tomay always set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)one or several relevant criteria on the sustainability and resilience contribution. Given the importance of increasing the resilience of the Union’s energy system, the contracting authorities and contracting entities should pay significant attention to the resilience contribution.
Amendment 1213 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The tender’s resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory: (a) where applicable, the tender’s contribution to the energy security of the Union; (b) the tender’s contribution to the resilience of the Union, taking into account the diversification of supplies by considering the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council1a. The supply shall be deemed insufficiently diversified where a single source supplied outside the European Economic Area, in the last year for which data is available, more than 65% of the total demand within the European Union for a specific net-zero technology or the components primarily used for the production of these technologies. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1222 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30of at least 15% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b)taking into account cumulatively all relevant sustainability and resilience criteria.
Amendment 1236 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. TBy derogation from paragraph 3, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to themay decide to lower the weight of the tender’s sustainability and resilience contribution of net-zero technologies where their application would clearly oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10%, compared to a tender without the sustainability and resilience contribution, may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award and exclusion criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.