Activities of Charlotte CEDERSCHIÖLD related to 2007/0280(COD)
Plenary speeches (1)
Public contracts in the fields of defence and security (debate)
Amendments (21)
Amendment 47 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 52 #
Proposal for a directive
Recital 10
Recital 10
(10) Public defence and security contracts often contain sensitive information which, for security reasons, needs to be protected from unauthorised access. In the military field, the Member States have systems for classifying this information. The picture is more varied, however, when it comes to non-military security matters. The recommendation is, therefore, to make use of a concept which takes into account the diversity of practices in the Member States and can encompass both the military and non-military fields. At any rate, public procurement in these fields should not, where appropriate, affect the obligations arising from Commission Decision 2001/844/EC of 29 November 2001 amending its internal Rules of Procedure or Council Decision 2001/264/EC adopting the Council’s security regulations. In addition, Article 296(1)(a) of the Treaty allows any Member State, in substantiated and justified exceptional cases, to exclude public defence and security procurement from the scope of this Directive.
Amendment 54 #
Proposal for a directive
Recital 23
Recital 23
Amendment 56 #
Proposal for a directive
Article 1 - paragraph 1
Article 1 - paragraph 1
This Directive shall apply to public contracts awarded in the fields of defence and security forrelating to the supply of goods and services which are used for the purpose of guaranteeing the security and defence of the Union or its Member States and public works and services contracts related to such supplies. These comprise:
Amendment 60 #
Proposal for a directive
Article 1 - paragraph 1 - point a
Article 1 - paragraph 1 - point a
a) the supply of arms, munitions and/or war material, referred to in the Council Decision of 15 April 1958 and, where necessary, public works and services contracts strictly related to these supplies;
Amendment 77 #
Proposal for a directive
Article 7 - paragraph 3
Article 7 - paragraph 3
3. No works project or proposed purchase of a certain quantity of supplies and/or services may be extended or partitioned so as to create essentially identical separate contracts, or otherwise be subdivided to prevent its coming within the scope of this Directive.
Amendment 84 #
Proposal for a directive
Article 10 - paragraph 1 - subparagraphs 2 to 5
Article 10 - paragraph 1 - subparagraphs 2 to 5
When a public contract contains sensitive technical specifications that may only be communicated to the successful tenderer, these must not be set out in the contract notice, contract documents or additional documents provided that knowledge of the details of such specifications isare not required in order to prepare tenders. In this case, these technical specifications ar contract notice shall inform the candidates of the situation, giving general information on the nature or the type of the missing sensitive technical specifications. Subsequently, these technical specifications shall be entered in the reports referred to in Article 28 before the contract documents are sent to the candidates. Such technical specifications may only deal with explanations of clarifications of the tender and have no significant technical or financial impact on the subject-matter of the public contract. After awarding the contract by applying the award criteria, the contracting authority shall send the successful tenderer the sensitive technical specifications that were not set out in the contract documents or additional documents so that the successful tenderer can adapt his bid accordinglytake those specifications into account in the performance of the contract.
Amendment 85 #
Proposal for a directive
Article 10 - paragraph 2
Article 10 - paragraph 2
2 Technical specifications shall afford equal access for tenderers and not have the effect of creating unjustified obstacles to the opening up of public procurement to competition. However, before launching a procedure for the award of a contract, contracting authorities may in the pre- competition phase, either through a technical dialogue, studies or R&D, seek advice from a contractor, the results of which may be used in the preparation of the specification, as long as such advice does not have the effect of appreciably restricting competition.
Amendment 87 #
Proposal for a directive
Article 14 - paragraph 2 - point a
Article 14 - paragraph 2 - point a
a) proof that the subcontractors already identifiedsufficient information about proposed subcontractors to enable the contracting authority to determine whether each subcontractor possesses the capabilities required to protect the confidentiality of, and to safeguard the sensitive information to which they will have access or which they are required to produce when carrying out their subcontracting activities,
Amendment 88 #
Proposal for a directive
Article 14 - paragraph 2 - point b
Article 14 - paragraph 2 - point b
b) a commitment to provide the same proof forinformation about any new subcontractors that may be involved during performance of the contract,
Amendment 89 #
Proposal for a directive
Article 14 - paragraph 2 - point c
Article 14 - paragraph 2 - point c
c) a commitment to keepsafeguard and protect the confidentiality of all sensitive information confidentialin its possession for the entire duration of the contract and after termination or conclusion of the contract.
Amendment 92 #
Proposal for a directive
Article 15 - paragraph 2 - point a
Article 15 - paragraph 2 - point a
a) evidence that it will be able to honour its obligationscertification or documentation to support the basis of the tender regarding the export, transfer and transit of goods associated with the contract, including by means of a commitmentsupporting documentation received from the Member State(s) concerned,
Amendment 95 #
Proposal for a directive
Article 15 - paragraph 2 - point b
Article 15 - paragraph 2 - point b
b) evidence thatcertification or documentation to support the extent to which the organisation and location of its supply chain will allow it to comply with the contracting authority's requirements concerning the security of supply set out in the specifications,
Amendment 96 #
Proposal for a directive
Article 15 - paragraph 2 - point c
Article 15 - paragraph 2 - point c
c) a commitment on terms and conditions to be agreed to meet additional needs required by the contracting authority as a result of an emergency, crisis or armed conflict,
Amendment 98 #
Proposal for a directive
Article 15 - paragraph 2 - point e a (new)
Article 15 - paragraph 2 - point e a (new)
(ea) a commitment on terms and conditions to be agreed to establish, and/or maintain, capacity, for the purpose of meeting additional needs of the contracting authority as a result of an emergency, crisis or armed conflict,
Amendment 100 #
Proposal for a directive
Article 15 - paragraph 3
Article 15 - paragraph 3
The requirements shall be explained in the specifications ofr contract documents. The contract shall provide for compensation to the contractor where any requirements which, when fulfilled, give rise to direct losses or damages incurred by the contractor as a result of precedence being given by the contractor in order to meet an urgent requirement of the contracting authority.
Amendment 108 #
Proposal for a directive
Article 20 - paragraph 2 - point b a (new)
Article 20 - paragraph 2 - point b a (new)
(ba) when the protection of the essential interests of the Member State so requires and when it is deemed necessary and proportionate to the legitimate public security objective pursued.
Amendment 109 #
Proposal for a directive
Article 20 - paragraph 3
Article 20 - paragraph 3
3. For public service contracts and public supply contracts, the negotiated procedure without prior publication of a contract notice may be applied: a) for research and development services and for products manufactured purely for the purpose of research, experiment, study or development, with the exception of quantity production to establish commercial viability or to recover research and development costs; or b) for the combined development and production of equipment where either: (i) the production phase immediately follows the development phase; or (ii) the contracted development and production phases overlap on one or more occasions in the process of finalising the design of the equipment, when in the opinion of the contracting authority the development and production must be combined for demonstrable reasons, provided that those contracts are intended to fulfil national defence requirements, either directly or through cooperative projects.
Amendment 113 #
Proposal for a directive
Article 21 - paragraph 2 - subparagraph 4
Article 21 - paragraph 2 - subparagraph 4
The term of a framework agreement may not exceed fiseven years, save in exceptional cases duly justified, in particular, by the subject of the framework agreement.
Amendment 131 #
Proposal for a directive
ANNEX I - Row 4 a (new)
ANNEX I - Row 4 a (new)
Category Descrip- CPV tion of Reference Nos services (4a) Rail 60200000-0, transport 60220000-6 services
Amendment 132 #
Proposal for a directive
ANNEX I - Row 4 b (new)
ANNEX I - Row 4 b (new)