Activities of Werner LANGEN 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)
Amendments (16)
Amendment 47 #
Proposal for a directive
Recital 13
Recital 13
(13) Being addressed to Member States, this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to what extent this directive should be applied to procurement governed by specific international rulesAlthough the EU has a largely open public procurement market, several third countries are reluctant to open their procurement markets to international competition. In order to apply the reciprocity principle and improve the access of EU economic operators to third country public procurement markets protected by restrictive procurement measures, special rules shall be introduced pursuant to COM(2012)124 / 2012/0060(COD).
Amendment 68 #
Proposal for a directive
Recital 39
Recital 39
(39) It is of utmost importancEfforts should be made to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth, without encroaching on the powers of contracting entities. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment). In addition, the definition of common methodologies for life cycle costing has significantly advanced. It therefore appears appropriate to continue on that path, leaving it to sector-specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of European approaches to life-cycle costing as a further underpinning for the use of public procurement in support of sustainable growth.
Amendment 90 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
When awarding contracts which, by virtue of their value, are not covered by this Directive, national contracting entities shall be required to observe the principles of equal treatment, non-discrimination and transparency.
Amendment 106 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 205 days from the date on which the contract notice was sent. A state of urgency may only lead to a shortening of the time limit if it is not brought about by the contracting entities themselves.
Amendment 107 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The contracting authority may reduce by fivthree days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with Article 19(3), (4) and (5).
Amendment 126 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Amendment 145 #
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities mayshall authorise tenderers to submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication.
Amendment 147 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 148 #
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
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.
Amendment 175 #
Proposal for a directive
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
With regard to criteria relating to economic and financial standing as set out pursuant to Article 56(3), and to criteria relating to technical and professional ability as set out pursuant to Article 56(4), an economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It shall in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect. In the case of economic and financial standing, contracting authorities may require that the economic operator and those entities are jointly liable for the execution of the contract.
Amendment 177 #
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 221 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
2. Member States may provide that at the request ofpayments to the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set for services, supplies or works provided shall become due immediately if: (a) the main contractor has provided all or part of the services, works or supplies to the contracting authority; (b) the contracting authority has accepted the services, supplies or works as having been provided in full; or (c) the subcontractor has without success set the main contractor a reasonable deadline for the provision of information about in the procurement documentscircumstances outlined in (a) and (b).
Amendment 230 #
Proposal for a directive
Article 84
Article 84
Article deleted
Amendment 232 #
Proposal for a directive
Article 84 a (new)
Article 84 a (new)
Article 84a By the end of 2013 the Commission shall submit a report on the differing procedures used to award contracts with a value below the thresholds laid down in Article 12, in particular as regards services currently regarded as non- priority.
Amendment 237 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
The Commission shall review the economic effects on the internal market resulting from the application of the thresholds set in Article 4 and report thereon to the European Parliament and the Council by 30 June 20175.
Amendment 238 #
Proposal for a directive
Annex VIII – paragraph 1 – point b
Annex VIII – paragraph 1 – point b
(b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;