20 Amendments of Andreas SCHWAB related to 2023/0081(COD)
Amendment 7 #
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 additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for strategic 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 sustainability, innovation, energy security, system integration and to resilience.
Amendment 11 #
Proposal for a regulation
Recital 26
Recital 26
(26) SocialEnvironmental, social and labour sustainability criteria can already be applied under existing legislation and can include including working conditions and collective bargaining in line with the European Pillar of Social Rights in line with Articles, 30 (3) of Directive 2014/23/EU, 18 (2) of Directive 2014/24/EU and 36 (2) of Directive 2014/25/EU. Contracting authorities should contribute to social sustainability by taking the appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of Directive 2014/23/EU, Annex X of Directive 2014/24/EU and Annex XIV of Directive 2014/25/EU 43 . __________________ 43 Commission Notice "Buying Social - a guide to taking account of social considerations in public procurement (2nd edition)", C(2021) 3573 final.
Amendment 12 #
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 basis of this Regulation, contracting authorities and contracting entities may 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 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. When the abovementioned legislation with specific criteria for green public procurements are adopted, they have to be taken into account by the contracting authority when setting the public procurement criteria under this regulation. In case there are green public procurement criteria setting higher sustainability requirements, companies should not go beyond them in order to be compliant with Article 19 (2) (a); __________________ 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 15 #
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 within the Union for a specific net-zero technology within the Union, or the components primarily used for the production of these technologies.
Amendment 20 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 65% of the total demand within the Union for a specific net- zero technology within the Union, or the components primarily used for the production of these technologies. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products, and its components primarily used for the production of this final product, which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 23 #
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 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 and the Regulation of the European Parliament and of the Council concerning batteries and waste batteries . __________________ 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 26 #
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 ca minimum threshold. Within this minimum threshold, the contracting authorities and contracting entities may freely differentiate the weighting of the individual criteria, without ignoring one completely. Contracting authorities and contracting entities tomay always set a higher threshold for the criteria relating to environmental sustainability and 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)one or several relevant criteria on the sustainability and resilience contribution. Given the importance of increasing the resilience of the Union’s energy system, the contracting authorities and contracting entities should pay significant attention to the resilience contribution.
Amendment 30 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribuis important that both the contracting authorities or contracting entities and the producing companies have a clear understanding of each of the sustainability and resilience criteria. Therefore, the Commission should, in close collaboration with the Net-Zero Europe Platform adopt an implementing act specifying the criteria to assess the resilience and sustainability contribution, with a particular attention for small and medium-sized enterprises, who should have a fair chance to participate in the substantial market for public procurement. Coherence with all existing legislation will be key. Furthermore, this implementing act should clarify the derogations and use it, providing concrete and specific examples. s provided in Article 19 (4). Besides, the Commission should, in close collaboration with the Net-Zero Europe Platform, issue guidance on how to link the sustainability and resilience criteria with upcoming legislation. This guidance can further provide concrete and specific examples and best practices. In order to be coherent with all future legislation, the Commission should update this guidance at least every 6 months.
Amendment 32 #
Proposal for a regulation
Recital 41
Recital 41
(41) WOnly where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. However, Member States need to consider if State aid is really necessary and if the public support is addressing market failures. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefitswhich differ from the scope of this Regulation. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 75 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based on the following cumulindicative criteria which shall be objective, transparent and non- discriminatory:
Amendment 77 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory:
Amendment 78 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental sustainability going beyond thecompliant to the legislation in place at the time of application. Environmental sustainability refers to the following non exhaustive list of criteria: the durability and reliability of the solution; the ease and effort of repair, mainimum requirements in applicable legislationtenance, upgrading and refurbishment; the ease and quality of recycling; the use of substances; 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;
Amendment 79 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental sustainability going beyondfulfilling at least the minimum requirements in applicable legislation; national or Union legislation or going beyond;
Amendment 82 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) where an innovative solution needs to beis developed, the impact and the quality of the implementation plan, including risk management measures;
Amendment 84 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
Amendment 90 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
Amendment 91 #
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% and 30%of at least 15% between 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)taking into account cumulatively all relevant sustainability and resilience criteria.
Amendment 97 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. TBy derogation of paragraph 3, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to themay decide to lower the weight of the tender’s sustainability and resilience contribution of net-zero technologies where their application would clearly 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 10%, compared to a tender without the sustainability and resilience contribution, 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 and exclusion 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 111 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, the Commission shall provide guidance onBy [OP: Please insert the date = 12 months after the date of entry into force of this Regulation], the Commission shall adopt an implementing act specifying 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, in coherence with similar provisions in other existing legislation, and establishing the criteria for a derogation as provided for in article 19, paragraph 4. In this implementing act, the Commission shall take the specific context of small and medium-sized enterprises into consideration.
Amendment 114 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. In case of conflict between the different award and sustainability criteria set under other Union law, the Commission shall provide guidance on how those provisions coexist or if necessary which criteria prevails. The Commission shall update this guidance every 6 months.