35 Amendments of Kyriacos TRIANTAPHYLLIDES related to 2009/2175(INI)
Amendment 5 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
Amendment 6 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
Amendment 16 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas ILO Convention 94 stipulates that general public contracts shall contain clauses ensuring equitable remuneration, and labour conditions which are not less favourable than those agreed upon in inter alia collective agreements,
Amendment 18 #
Motion for a resolution
Paragraph 1 – title
Paragraph 1 – title
General remarks and recommendations
Amendment 22 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as aexisting resgult of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regionalations in combination with implementation measures and soft law, hasve given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 25 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 26 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);
Amendment 28 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
Amendment 33 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
Amendment 36 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls upon the Commission to examine the implications of Protocol 26 on the existing guidelines, in particular taking into account that article 2 of Protocol 26 stipulates that 'the provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non- economic services of general interest';
Amendment 37 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
Amendment 38 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 46 #
Motion for a resolution
Paragraph 6 – title
Paragraph 6 – title
Amendment 48 #
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
Amendment 66 #
Motion for a resolution
Paragraph 8 – title (new)
Paragraph 8 – title (new)
Service Concessions
Amendment 71 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from the failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 77 #
Motion for a resolution
Paragraph 10 – title (new)
Paragraph 10 – title (new)
Public-Private Partnership
Amendment 78 #
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
Amendment 82 #
Motion for a resolution
Paragraph 11 – title (new)
Paragraph 11 – title (new)
Town Planning/Urban Development
Amendment 83 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
Amendment 85 #
Motion for a resolution
Paragraph 12 – title (new)
Paragraph 12 – title (new)
Procurement below the threshold
Amendment 86 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
Amendment 87 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
Amendment 88 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls upon the Commission to be more flexible when dealing with the requirement laid down in Directive 2004/18/EC, Art. 9 Section 3, which states that "no works project or proposed purchase of a certain quantity of supplies and / or services may be subdivided to prevent its coming within the scope of the Directive", in order to make it possible for SMEs to participate in all public procurement;
Amendment 89 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls upon the Commission to simplify the procedures for public procurement in order to relieve both local governments as well as companies, from spending a large amount of time and money only on bureaucratic matters. Emphasises that by making the procedures easier, SMEs will have better access and will be able to participate in a more equal and fair way;
Amendment 90 #
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Considers that sub-contracting is a form of organization of labour suited to the specialized aspects of the execution of works; emphasises that sub-contracting contracts must respect all the obligations imposed on the main contractors, especially as regards labour law and safety. With this end in view it would be advisable to establish a linked responsibility between contractor and sub- contractor;
Amendment 93 #
Motion for a resolution
Paragraph 13 – title (new)
Paragraph 13 – title (new)
Green Procurement
Amendment 94 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 100 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Social Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 103 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, taking as a starting point the ILO Convention criteria, particularly Conventions 87 and 98 on the right to join trade unions and the right to conclude collective agreements, 29 and 105 for condemning the forced labour, 100 and 111 on equal pay for equal work and condemnation of discrimination, 138 on child labour and 94 on social criteria in procurement;
Amendment 104 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, and that key social considerations for public procurement include: - Gender equality, as called for in Communication from the Commission (COM (2007) 424) on tackling the pay gap between men and women, - Social cohesion, in particular the integration of respect for fundamental rights as recognised in the core ILO conventions, - Equitable wages, in accordance with the Commission’s Opinion on equitable wages (COM (93) 388) and ILO’s decent work agenda, - Respect for collective agreements, as stated in ILO Convention 94, article 2, section 1(a);
Amendment 105 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CEmphasises that it would greatly facilitate the transparency of public procurement procedures if governments used the same sustainable criteria as are used for various labels; and therefore calls for the development of a database so that the criteria on which the various sustainability assurance schemes or labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States to be fully involved in this process; draws attention, at the same time, to the negative impact which a and so that public authorities can verify the compliance with the criteria demanded. Urges the Commission and the Member States to organise training courses and awareness raising campaigns for local authorities and political decision-market fragmented by the existence of so many regional, national, European and international labels has on innovation and researchrs and to include other stakeholders, particular social NGOs providing social services;
Amendment 109 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
Amendment 116 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;
Amendment 121 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;