11 Amendments of Andreas SCHWAB related to 2011/2048(INI)
Amendment 28 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that public procurement rules have become overly complex and too detailed, leading to costly and burdensome administrative procedures; recommends simplification as far as possible, with clarifications where necessaryalthough the revision of the EU procurement directives in 2004 basically led to a useful further development of the Single Market for Public Procurement, some years after the transposition of Directives 2004/17 and 2004/18 into national law there is a need to assess as to whether optimizations and clarifications of the directives will be necessary with a view to overcome shortcomings that have turned out in practice; points out that thean increased use of information technology will also play a major role in reducing administration and costs, and thatwhereby still existing obstacles to a sound use of electronic procedures, and especially the still existing lack of interoperability will have to be addressed; European initiatives on e-procurement should therefore be aligned with the reform of the procurement rules;
Amendment 51 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the exclusion of service concessions from the scope of European procurement rules; notes the Commission’s intention to propose separate legislation on service concessions; takes the view that this should be dealt with in the review of the dDirectives 2004/17/EC and 2004/18/EC only in order to avoid any further fragmentation of the legislation;
Amendment 58 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Observes in this context that the application of procurement law to the provision of personal social services is often not the best way of ensuring optimum results for the users of the services in question; calls for recognition under European law of tried and tested Member State procedures based on the principle that all providers which are able to comply with the conditions previously laid down by law should be permitted to provide services, irrespective of their legal form, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination;
Amendment 60 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 154 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Advocates thatassessing whether the negotiated procedures with prior announcement be allowed as a standardEU wide publication might be allowed beyond what current directives foresee; underlines that the negotiated procedure in its current form is the least transparent of all procurement procedures; accordingly takes the view that further safeguards against abuse should be introduced in the form of requirements for written documentation; urges the Commission to include more flexible provisions for framework agreements in the directives; if any extension of the scope of the negotiated procedure should be envisaged further safeguards against abuse should be introduced, e. g. an obligation of a contracting authority to establish at least some minimum conditions regarding the performance of the procedure to any bidder at the outset, as is the case also in sound private procurement, and to set up requirements for written documentation;
Amendment 157 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its insistence on the systematic admission of alternative bids (or variants), as they are crucial to promoting and disseminating innovative solutions; stresses that specifications referring to performance and functional requirements and the express admission of variants give tenderers the opportunity to propose innovative solutions, particularly in highly innovative sectors such as ICT;
Amendment 163 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the contracting authorities should have the possibility to benefit from previous experience with a tenderer on the basis of an official evaluation report; recommends setting a time limit for exclusions, which should guarantee transparency and objectivity; points out the necessity to insert a legislative clarification in directives 2004/17/EC and 2004/18/EC stating that a bidder who was found guilty of a misconduct in a previous procurement procedure can regain reliability after having substantially proven that he has undergone an effective self-cleaning procedure; such a clarification would foster anti-corruption mechanisms by underpinning incentives to speed up the overcoming of corruptive practices and would eliminate serious legal uncertainties;
Amendment 165 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. CriticiseRegrets the Green Paper's failure to mention the shortcomings, the lack of expertise and knowledge about procurement; stresses the importance of promoting professionalism on the part of both contracting authorities and market operators; recommends setting up a network of centres of excellence within the existing national frameworks to promote exchange of information and good practices between Member States; encourages also umbrella organisations, both at national and EU-level, to take shared responsibility in making relevant information available and to facilitate exchange of information between their members throughout Europe;
Amendment 179 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks that very careful consideration be given to the legally binding requirements of the WTO Agreement on Government Procurement, should the issue of thresholds crop up when the directives are reviewed; emphasises that given the difficulties that already exist in negotiations on the issue of access to public procurement, it should also be borne in mind that raising thresholds in Europe could quite easily lead to further complications for EU trade policy;
Amendment 181 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages SMEs to make use of joint procurement and pooling of contracts, in respect of competition rules, which would allow them to make economies of scale in areas such as logistics and transport; encourages public authorities to be flexible when considering these modern and voluntary forms of arrangements;
Amendment 190 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Proposes that self-declarations be allowed where feasible, and that original documents be requested only from the shortlisted candidates or the successful tenderer, whilst avoiding any delays or market distortions caused by incorrect declarations; asks the Commission to promote the option of a ‘procurement passport’, preferably in the form of a standardised electronic registration system at national level, since a passport of this kind would demonstrate that an operator has the declarations and documentation that are requested; believes that this would save considerable time and costs;