Activities of Barbara WEILER related to 2012/0060(COD)
Plenary speeches (1)
Access of goods and services to public procurement markets (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Amendments (13)
Amendment 27 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 40 #
Proposal for a regulation
Recital 19
Recital 19
(19) In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of the Directive on public procurement andTenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices. In addition to the rules provided by Article 769 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors20XX/XXX/EU of the European Parliament and of the Council1 and Article 79 of Directive 20XX/XXX/EU of the European Parliament and of the Council2 the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged. Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market. _________________ 1 Directive 20XX/XXX/EU of the European Parliament and of the Council on public procurement (OJ XXX) (2011/0438(COD)). 2 Directive 20XX/XXX/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors (OJ XXX) (2011/0439(COD)).
Amendment 72 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that economic operators performing a public contract comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive, included ILO 94.
Amendment 88 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) where it can demonstrate by any appropriate means violations of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives included ILO 94.
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
Article 6 – paragraph 5 – point b a (new)
(ba) When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights, in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94, the Commission shall examine the following: (i) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94; (ii) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
Amendment 108 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement (COM(2011)0896) or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer (COM(2011)0895), to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged.
Amendment 110 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Amendment 111 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
The explanations referred to in paragraph 1 a (new) may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance 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 listed in Annex XI of the Directive on public procurement (COM(2011)0896) or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) compliance of subcontractors with the obligations referred to in paragraph 1 a (new) - letter (d). With the aim of avoiding breaches of these obligations Member States and contracting authorities may take appropriate measures. (f) the possibility of the tenderer obtaining State aid.
Amendment 112 #
Proposal for a regulation
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 1 b (new). Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in paragraph 1 b (new) - letter (d) and (e). Observance of the obligations referred to in paragraph 1 b (new) - letter (d) and (e) by subcontractors is ensured through appropriate action by the competent national authorities acting within the scope of their responsibility and remit.
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 1 e (new)
Article 7 – paragraph 1 e (new)
Upon request, Member States shall make available to other Member States by way of administrative cooperation any information at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards, relating to the evidence and documents produced in relation to details listed in paragraph 1 b (new).
Amendment 178 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
(1b) The explanations referred to in paragraph 1 a (new) may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance 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 listed in Annex XI of the Directive on public procurement [...] (2013) XXX or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) compliance of subcontractors with the obligations referred to in paragraph 1 a (new) - letter (d). With the aim of avoiding breaches of these obligations Member States and contracting authorities may take appropriate measures; (f) the possibility of the tenderer obtaining State aid.