Activities of Werner LANGEN related to 2011/0439(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
Amendments (16)
Amendment 28 #
Proposal for a directive
Recital 45
Recital 45
(45) It is of utmost importance to fullyAn effort should be made to exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth, without encroaching upon the powers of the 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 35 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a 12a. When awarding contracts which, on account of their value, are not covered by this Directive, national contracting entities shall be required to comply with the principles of equal treatment, non- discrimination and transparency.
Amendment 40 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate way.
Amendment 41 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting entities 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 result in a shorter time limit being set if it has not been brought about by the contracting entities themselves.
Amendment 42 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. The contracting entity 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 33(3), (4) and (5).
Amendment 50 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
Amendment 51 #
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Contracting entities mayust take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities.
Amendment 52 #
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Amendment 53 #
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In procedures for awarding supply or service contracts, contracting entities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.
Amendment 56 #
Proposal for a directive
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
Where the objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system include requirements relating to the economic and financial capacity of the economic operator, or to its technical and professional abilities, the economic operator may where necessary rely on the capacity of other entities, whatever the legal nature of the link between itself and those entities. In this case the economic operator shall prove to the contracting entity that those resources will be available to it throughout the period of the validity of the qualification system, for example by producing an undertaking by those entities to that effect. In the case of economic and financial standing, contracting entities may require that the economic operator and those entities are jointly liable for the execution of the contract.
Amendment 57 #
Proposal for a directive
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 78 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Member States may provide that, at the request of the subcontractor and where the nature of the contract so allows, payments to the subcontractor for services, supplies or works provided to the main contractor shall become due immediately if and insofar as (a) the contracting entauthority shall transfer due payments directly tos performed its obligations to the main contractor, or parts thereof, (b) the subcontractor for services, supplies or works provided to the main contractor. In such cing authority has accepted the services, supplies or works as having been fully completed, or (c) the contracting authority hase, 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 without success, set the main contractor an appropriate time limit within which to provide information about in the procurement documents. circumstances referred to at (a) and (b).
Amendment 82 #
Proposal for a directive
Article 93
Article 93
Amendment 84 #
Proposal for a directive
Article 93 a (new)
Article 93 a (new)
Article 93 a The Commission shall submit by the end of 2013 a report on the differing practices in awarding contracts below the threshold values laid down in Article 12, particularly in the case of services to which priority has not so far been assigned.
Amendment 85 #
Proposal for a directive
Article 103 – paragraph 1
Article 103 – paragraph 1
The Commission shall review the economic effects on the internal market resulting from the application of the thresholds set in Article 12 and report thereon to the European Parliament and the Council by 30 June 20175.
Amendment 86 #
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
Annex 8 – paragraph 1 – point 1 – point a
(a) in the case of service or supply 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;