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Activities of Małgorzata HANDZLIK related to 2011/0438(COD)

Shadow opinions (1)

OPINION on the proposal for a European Parliament and Council on Public Procurement
2016/11/22
Committee: INTA
Dossiers: 2011/0438(COD)
Documents: PDF(283 KB) DOC(439 KB)

Amendments (87)

Amendment 28 #
Małgorzata HANDZLIK
Proposal for a directive
Recital 2 a (new)
(2a) Internal Market and international markets are increasingly interlinked, therefore EU values, such as transparency, a principled stance against corruption, principle of reciprocity and the advancement of social and human rights should be appropriately promoted in procurement policies.
2012/08/29
Committee: INTA
Amendment 38 #
Małgorzata HANDZLIK
Proposal for a directive
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include optionaly, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
2012/08/29
Committee: INTA
Amendment 42 #
Małgorzata HANDZLIK
Proposal for a directive
Article 9 – paragraph 1 – point c
(c) a particular procedure of an international organisation, which has its affiliation in the Member State;
2012/08/29
Committee: INTA
Amendment 43 #
Małgorzata HANDZLIK
Proposal for a directive
Article 9 – paragraph 2 a (new)
(2a) In any case, access to parts of the EU's procurement markets for third countries should be based on principle of reciprocity and proportionality.
2012/08/29
Committee: INTA
Amendment 48 #
Małgorzata HANDZLIK
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2
For this purpose, contracting authorities may seek or accept advice from administrative support structures or from independent third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non- discrimination and transparency.
2012/08/29
Committee: INTA
Amendment 51 #
Małgorzata HANDZLIK
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
PWith a view to maximizing competition and access of SMEs to public procurement, public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
2012/08/29
Committee: INTA
Amendment 52 #
Małgorzata HANDZLIK
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2
CWhere the contracting authoritiesy limits the possibility to tender to one or more lots it shall indicate it, in the contract notice or, in the invitation to confirm interest, whether tenders are limited to one or more lots only or in the procurement documents.
2012/08/29
Committee: INTA
Amendment 53 #
Małgorzata HANDZLIK
Proposal for a directive
Article 44 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/08/29
Committee: INTA
Amendment 69 #
Małgorzata HANDZLIK
Proposal for a directive
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
2012/08/29
Committee: INTA
Amendment 70 #
Małgorzata HANDZLIK
Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders
2012/08/29
Committee: INTA
Amendment 71 #
Małgorzata HANDZLIK
Proposal for a directive
Article 69 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
2012/08/29
Committee: INTA
Amendment 72 #
Małgorzata HANDZLIK
Proposal for a directive
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 20indicated in a tender is at least 15 % lower than the price or costs of the second lowest tender;
2012/08/29
Committee: INTA
Amendment 73 #
Małgorzata HANDZLIK
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least five tenders have been submitdeleted.
2012/08/29
Committee: INTA
Amendment 275 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
2012/07/12
Committee: IMCO
Amendment 283 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
2012/07/12
Committee: IMCO
Amendment 309 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Recital 50
(50) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first-hand and timely information, particularly in relation to different problems affecting the implementation of public procurement law. It should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corruption and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High-value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized.deleted
2012/07/12
Committee: IMCO
Amendment 329 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities.
2012/07/12
Committee: IMCO
Amendment 334 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted
2012/07/12
Committee: IMCO
Amendment 337 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves pursuant to Protocol No 26 of the Treaty. Public authorities may perform public interest tasks using their own resources, without being obliged to call on external economic operators. They may do so in cooperation with other public authorities without this relationship necessarily taking the form of a public procurement contract.
2012/07/12
Committee: IMCO
Amendment 365 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 2 – paragraph 1 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including productionresearch, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation a meaningful manner.
2012/07/12
Committee: IMCO
Amendment 400 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 425 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 10 – paragraph 1 – point c
c) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;
2012/07/12
Committee: IMCO
Amendment 467 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %the essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
2012/07/12
Committee: IMCO
Amendment 515 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %the essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/07/12
Committee: IMCO
Amendment 630 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
2012/07/12
Committee: IMCO
Amendment 636 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.deleted
2012/07/12
Committee: IMCO
Amendment 794 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84competent national body where they so request.
2012/07/12
Committee: IMCO
Amendment 799 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point b
(b) where the aim of the procurement is the creation or obtention of a work of artn for artistic reasons the contract may be awarded only to a particular economic operator;
2012/07/12
Committee: IMCO
Amendment 809 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeure, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;
2012/07/12
Committee: IMCO
Amendment 864 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 35 – paragraph 1
1. CMember States may stipulate that contracting authorities may purchase works, supplies and/or services from or through a central purchasing body.
2012/07/12
Committee: IMCO
Amendment 868 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 35 – paragraph 2
2. Member States shallmay also provide for the possibility for contracting authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.
2012/07/12
Committee: IMCO
Amendment 876 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 1
1. Without prejudice to Article 11, contracting authorities from differentMember States may stipulate that contracting authorities may award public contracts jointly with contracting authorities from other Member States mayif: (a) jointly award of public contracts by using one of the means described in this Article. is justified due to cross-border nature of the contract or; (b) public contract is co-financed by contracting authorities from different Member States or; (c) public contract is of innovative nature
2012/07/12
Committee: IMCO
Amendment 877 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 2
2. Several contracting authorities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located.deleted
2012/07/12
Committee: IMCO
Amendment 878 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Several contracting authorities from different Member States may jointly award a public contract. In that caseIn the case referred to in the paragraph 1, the participating contracting authorities shall conclude an agreement that determines:
2012/07/12
Committee: IMCO
Amendment 880 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 5
5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting authority on behalf of the others, the national provisions of the Member State of that contracting authority shall apply; (b) where the procedure is not conducted or managed by one participating contracting authority on behalf of the others, and (i) concerns a works contract, contracting authorities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting authorities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting authorities shall apply the national provisions of the Member State of the contracting authority which bears the biggest share of the costs.deleted
2012/07/12
Committee: IMCO
Amendment 882 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 5 a (new)
5 a. Several contracting authorities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 35 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.
2012/07/12
Committee: IMCO
Amendment 883 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 6
6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation governing procurement procedures conducted by joint legal entities set up by several contracting authorities from different Member States shall be determined following the following rules: (a) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply. (b) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b) of paragraph 5 shall apply. (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting authorities shall apply the national provisions of the Member State where the legal entity has its registered office.deleted
2012/07/12
Committee: IMCO
Amendment 884 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 7
7. OMember States may stipulate that one or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts.
2012/07/12
Committee: IMCO
Amendment 885 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 38 – paragraph 9
9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 89/665/EEC33 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting authorities established on their territory participating in the relevant cross-border public procurement procedure.deleted
2012/07/12
Committee: IMCO
Amendment 994 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. Forlots. For supply and services contracts with a value equal to or greater than the thresholds provided for in Article 4 but not lessEUR 500 000 and for works contracts with a value equal to or greater than EUR 510 000 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall providestate that in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
2012/07/12
Committee: IMCO
Amendment 1004 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2
CWhere the contracting authoritiesy limits the possibility to tender to one or more lots it shall indicate, it in the contract notice or, in the invitation to confirm interest, whether tenders are limited to one or more lots only or in the procurement documents.
2012/07/12
Committee: IMCO
Amendment 1009 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 1
Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots.deleted
2012/07/12
Committee: IMCO
Amendment 1010 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2
Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract.deleted
2012/07/12
Committee: IMCO
Amendment 1013 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3
Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/07/12
Committee: IMCO
Amendment 1030 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1057 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct;deleted
2012/07/12
Committee: IMCO
Amendment 1059 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) where the contracting authority can demonstrate by any means that the economic operator is guilty of grave professional misconduct other than indicated in point (a), for instance where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.
2012/07/12
Committee: IMCO
Amendment 1060 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.deleted
2012/07/12
Committee: IMCO
Amendment 1073 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
1. Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.deleted
2012/07/12
Committee: IMCO
Amendment 1077 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
For this purpose, the candidate or tenderer shall prove that it has compensated any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personal measures that are appropriate to prevent further criminal offences or misconduct. Contracting authorities shall evaluate the measures taken by the candidates and tenderers taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the contracting authority considers the measures to be insufficient, it shall state the reasons for its decision.deleted
2012/07/12
Committee: IMCO
Amendment 1096 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2
Candidates and tenderers shall not be required to re-submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past four years in an earlier procedure and is still valid.deleted
2012/07/12
Committee: IMCO
Amendment 1099 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 59
Article 59 European Procurement Passport 1. National authorities shall issue, at the request of an economic operator established in the relevant Member State and fulfilling the necessary conditions, a European Procurement Passport. The European Procurement Passport shall contain the particulars set out in Annex XIII and shall be drawn up on the basis of a standard form. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 in order to modify Annex XIII due to technical progress or for administrative reasons. It shall also establish the standard form for the European Procurement Passport. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 2. At the latest 2 years after the date provided for in Article 92(1), the passport shall be provided exclusively in electronic form. 3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data. 4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six months earlier. 5. Member States shall make available to other Member States, upon request, any information relating to the authenticity and content of the European Procurement Passport. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 88.
2012/07/12
Committee: IMCO
Amendment 1123 #
Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
2012/07/12
Committee: IMCO
Amendment 1128 #
Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1135 #
Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost.deleted
2012/07/12
Committee: IMCO
Amendment 1145 #
Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1159 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
2012/07/12
Committee: IMCO
Amendment 1169 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative characteraspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);
2012/07/12
Committee: IMCO
Amendment 1182 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;
2012/07/12
Committee: IMCO
Amendment 1196 #
Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK
Proposal for a directive
Article 66 – paragraph 3
3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.deleted
2012/07/12
Committee: IMCO
Amendment 1209 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs,costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and
2012/07/12
Committee: IMCO
Amendment 1218 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
2012/07/12
Committee: IMCO
Amendment 1225 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basisin close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
2012/07/12
Committee: IMCO
Amendment 1230 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the data required can be provided with reasonable effort by normally diligent economic operators,
2012/07/12
Committee: IMCO
Amendment 1238 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, includingcovering among others environmental externalities has been made mandatory by dea legated acts pursuant to sector specific legislatislative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).
2012/07/12
Committee: IMCO
Amendment 1241 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
2012/07/12
Committee: IMCO
Amendment 1248 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
2012/07/12
Committee: IMCO
Amendment 1253 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders
2012/07/12
Committee: IMCO
Amendment 1259 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
2012/07/12
Committee: IMCO
Amendment 1262 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more thanindicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;
2012/07/12
Committee: IMCO
Amendment 1264 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least five tenders have been submitdeleted.
2012/07/12
Committee: IMCO
Amendment 1275 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such explanationsContracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.
2012/07/12
Committee: IMCO
Amendment 1286 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
4. The contracting authority shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.
2012/07/12
Committee: IMCO
Amendment 1287 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1337 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 71 – paragraph 2 a (new)
2a. Member States may decide that the contracting authority may exclude a subcontractor indicated by the tender if: (i) subcontractor does not fulfil criteria for selection envisaged for a tender (ii) subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of criteria for qualitative selection indicated in Articles 55 and 56
2012/07/12
Committee: IMCO
Amendment 1430 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 76 – paragraph 1
1. Member States shall put in place appropriate procedurrules for the award of contracts subject to this Chapter, ensuring full compliance with thetaking into account principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account. The rules shall take into consideration the specificities of the services in question.
2012/07/12
Committee: IMCO
Amendment 1463 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 84
Article 84 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted
2012/07/12
Committee: IMCO
Amendment 1512 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 85 – paragraph 1 – point h
(h) where applicable, conflicts of interests detected and subsequent measures taken.deleted
2012/07/12
Committee: IMCO
Amendment 1517 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
2012/07/12
Committee: IMCO
Amendment 1521 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversightcompetent national body where they so request.
2012/07/12
Committee: IMCO
Amendment 1530 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 86 – paragraph 1
1. The bodies established or appointed in accordance with Article 84competent bodies in Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
2012/07/12
Committee: IMCO
Amendment 1531 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 86 – paragraph 2 – point a
(a) a complete and up-to-date list of all central government authorities, sub- central contracting authorities and bodies governed by public law, including sub- central authorities and associations of contracting authorities awarding public contracts or framework agreements, indicating for each authority the unique identification number where such number is provided for in national legislation; this list shall be grouped by type of authority;deleted
2012/07/12
Committee: IMCO
Amendment 1533 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 86 – paragraph 2 – point b
(b) a complete and up-to-date list of all central purchasing bodies;deleted
2012/07/12
Committee: IMCO
Amendment 1540 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 86 – paragraph 4
4. Member States shall make available to the Commission information on their institutional organisation related to the implementation, monitoring and enforcement of this Directive, as well as on national initiatives taken to provide guidance on or assist in implementation of Union rules on public procurement, or to respond to challenges confronting the implementation of those rules.deleted
2012/07/12
Committee: IMCO
Amendment 1546 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 87
Article 87 Assistance to contracting authorities and businesses 1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions. 2. With a view to improving access to public procurement for economic operators, in particular SMEs, and in order to facilitate correct understanding of the provisions of this Directive, Member States shall ensure that appropriate assistance can be obtained, including by electronic means or using existing networks dedicated to business assistance. 3. Specific administrative assistance shall be available to economic operators intending to participate in a procurement procedure in another Member State. Such assistance shall at least cover administrative requirements in the Member State concerned, as well as possible obligations related to electronic procurement. Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which are in force in the Member State, in the region or locality where the works are to be carried out or the services are to be provided and which will be applicable to the works carried out on site or to the services provided during the performance of the contract. 4. For the purposes of paragraphs 1, 2 and 3, Member States may appoint a single body or several bodies or administrative structures. Member States shall ensure due coordination between those bodies and structures.deleted
2012/07/12
Committee: IMCO
Amendment 1553 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 88 – paragraph 3
3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.deleted
2012/07/12
Committee: IMCO
Amendment 1555 #
Małgorzata HANDZLIK, Rafał TRZASKOWSKI
Proposal for a directive
Article 88 – paragraph 4
4. The exchange of information shall take place via the Internal Market Information system established pursuant to Regulation (EU) N° XXX/XXXX of the European Parliament and Council44 [proposal for a Regulation of the European Parliament and Council on the administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) COM(2011) 522]. Member States shall supply information requested by other Member States within the shortest possible period of time.deleted
2012/07/12
Committee: IMCO
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