12 Amendments of Francisco GUERREIRO related to 2023/0081(COD)
Amendment 4 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoidreduce dependencies for the supply of net-zero technologies that wcould delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energyjeopardise the achievement of Union’s climate and energy objectives, this Regulation shallould set out provisions to encourage demand for sustainable and resilient net-zero technologies in the Union.
Amendment 9 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additionalqualitative criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental andor innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental and social sustainability, innovation, system integration and to resilience.
Amendment 13 #
Proposal for a regulation
Recital 27
Recital 27
(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44 and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 , and unless otherwise indicated therein, when evaluating the environmental sustainability of the net-zero solutions procured on the basisfalling under the scope of this Regulation, contracting authorities and contracting entities mayshould take into account various elements with an impact on the climate and the environment. These may include, for instance, the durability and reliability of the solution; the ease of repair and maintenance; the ease of upgrading and refurbishment; the ease and quality of recycling; the use of certain substances; the consumption of energy, water and other resources in one or more life cycle stages of the product; the weight and volume of the product and its packaging; the incorporation of used components; the quantity, characteristics and availability of consumables needed for proper use and maintenance; the environmental footprint of the product and its life cycle environmental impacts; the carbon footprint of the product; the microplastic release; emissions to air, water or soil released in one or more life cycle stages of the product; the amounts of waste generated; the conditions for use. __________________ 44 Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, COM/2022/142 final, 30.03.2022. 45 Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020, COM/2020/798 final, 10.12.2020.
Amendment 16 #
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 65% of the demand for a specific net-zero technology within the Unionat global level.
Amendment 24 #
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 of this Regulation should be without prejudice to the application of Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. __________________ 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 28 #
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 contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental sustainability andor 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).
Amendment 80 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;
Amendment 86 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience and diversification of the corresponding supply chains, taking into account the proportion of the products and of its key components originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 65% of the supply for that specific net-zero technology within the Unionglobally originates in the last year for which data is available for when the tender takes place, and the level of concentration of the supply chain at global level. . __________________ 72 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 93 #
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% andrespectively a weight of at least 30% 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).
Amendment 98 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to applybase the contract on the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would 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 1025% 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 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.
Amendment 113 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 115 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall make available and regularly update a list of each of the net-zero technology final products listed in the Annex and corresponding supply chains, broken down by the share of Union supply along the supply chains originating in different third countries in the last year for which data is available.