29 Amendments of Marc TARABELLA related to 2012/0060(COD)

Proposal for a regulation
Recital 12

(12) ~~The Commission should assess whether to approve that c~~Contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts] may exclude~~, for contracts with an estimated value equal or above EUR 5.000.000~~ from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation does not affect the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how this services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to. Equally, this Regulation does not affect the decision of public authorities whether, how and to what extent they want to perform public functions themselves pursuant to Protocol N. 26 on Services of General Interest and Article 14 TFEU. This shall also apply to European Union's policies towards third countries.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘contracting authority/entity’ means ~~‘contracting authority’~~the State, regional or local authorities, bodies governed by public law, associations formed by one or more such bodies governed by public law as defined in [Article 1 (9) of Directive 2004/18/EC, and ‘contracting entity’ as defined in Article 2 of Directive 2004/17/EC and Articles 3 and 4 of Directive 20.. on the award of concession contracts];

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point d

(d) ~~the execution of works and/or a work within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive 201./.. on the award of concession contracts] shall for the purposes of this Regul~~' a work' means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function. 'Public works contracts' means public contracts having as their object one of the following: (a) the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II; (b) the execution, or both the design and execution, of a work; (c) the realisation, b~~e considered as the provi~~y whatever means, of a work corresponding to the requirements specified by the contracting authority exercising a decisive influence on the type or desiogn of ~~a service~~the work;

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point d – point 1 (new)

(1) 'public supply contracts' means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations;

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point d – point 2 (new)

(2) 'public service contracts' means public contracts having as their object the provision of services other than those referred to paragraph 2 point (d);

2013/07/11
Committee: IMCO

Proposal for a regulation
Recital 9 a (new)

(9a) Public contracts cannot be awarded to economic operators that: -do not meet the requirements laid down by Union legislation or international provisions in the areas of social, labour and environmental law, in accordance with the public procurement directives; -are involved or have been involved in a criminal organisation or in human trafficking or child labour.

2013/10/03
Committee: INTA

Proposal for a regulation
Recital 9 b (new)

(9b) The Commission should ensure that it does not fund programmes for which international public contracts are awarded or implemented in a manner inconsistent with the principles laid down in the public procurement directive.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – title

E~~mpowerment of contracting authorities/entities to exclude~~xclusion of tenders comprising non- covered goods and services

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 1

1. ~~Upon request of c~~Contracting authorities/entities ~~the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusion~~may exclude from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender~~, under the following conditions~~.

2013/07/11
Committee: IMCO

Marc TARABELLA, Sergio Gaetano COFFERATI, Barbara WEILER

Proposal for a regulation
Article 6 – paragraph 1 – point a (new)

(a) For contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the Commission shall assess whether to approve the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non-covered goods or services exceeds 50% of the total value of the goods or services constituting the tender, under the following conditions.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Member States shall ensure that economic operators performing a public contract comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive, included ILO 94.

2013/07/11
Committee: IMCO

Marc TARABELLA, Sergio Gaetano COFFERATI, Barbara WEILER

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)

(aa) where it can demonstrate by any appropriate means violations of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives included ILO 94.

2013/07/11
Committee: IMCO

Marc TARABELLA, Sergio Gaetano COFFERATI, Barbara WEILER

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b

(b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)

(ba) When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights, in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94, the Commission shall examine the following: (i) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94; (ii) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1 a (new)

(1a) Member States shall ensure that economic operators performing a public contract comply with applicable obligations in the areas of environmental, social and labour law laid down in Union legislation, national legislation, collective agreements and in the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including Convention No 94 of the International Labour Organisation.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 7 – paragraph 1

~~Where the contracting authority/entity intends, under Article 69 of the~~1. Contracting authority/entity, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services. 2. The explanations referred to in paragraph 1 may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with obligations referred to in Article 6. 1 (a) new. (da) compliance with obligations referred to in Article 71 of Directive on public procurement or under Article 7981 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors~~, a~~. (e) the possibility of the tenderer obtaining State aid. After verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. 3. The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 2. Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in Article 6. 1 (a) new. 4. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was compatible with the internal market within the meaning of Article 107 of the Treaty. 5. Upon request, Member States shall make available to other Member States by way of administrative cooperation any information at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards, relating to the evidence and documents produced in relation to details listed in paragraph 2.

2013/07/11
Committee: IMCO

Barbara WEILER, Marc TARABELLA

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)

(ga) ‘lack of substantial reciprocity’ means any measure restricting access to public procurement markets or the award of concessions which consists of repeated, serious discrimination against EU goods and services, in particular by means of discriminatory legislative, financial or administrative provisions or the formal or practical lack of guarantees of equal and transparent treatment.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 7 – paragraph 1 c (new)

The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 1 b (new). Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in paragraph 1 b (new) - letter (d) and (e). Observance of the obligations referred to in paragraph 1 b (new) - letter (d) and (e) by subcontractors is ensured through appropriate action by the competent national authorities acting within the scope of their responsibility and remit.

2013/07/11
Committee: IMCO

Barbara WEILER, Marc TARABELLA

Proposal for a regulation
Article 7 – paragraph 1 d (new)

Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was compatible with the internal market within the meaning of Article 107 of the Treaty.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 1

~~Articles 58 and 59 of Directive 2004/17/EC shall be repealed with effect from the entry into force of this Regulation~~From the entry into force of this Regulation and according to its article 15, the Commission reserves the right to repeal Article 58 and 59 of Directive 2004/17/EC by delegated acts.

2013/07/11
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)

(aa) where it can demonstrate by any appropriate means that violations of applicable obligations have occurred in the areas of environmental, social and labour law laid down in Union legislation, national legislation, collective agreements and in the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including Convention No 94 of the International Labour Organisation;

2013/10/03
Committee: INTA

Marc TARABELLA, Henri WEBER

Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)

(ba) When assessing whether there is evidence of serious and repeated violations of the fundamental rights of workers or the social or labour law laid down in Union legislation, national legislation, collective agreements and the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including Convention No 94 of the International Labour Organisation (ILO), the Commission shall examine the following: (i) to what degree laws and practices in the country concerned uphold workers’ fundamental rights and social and labour law laid down in Union legislation, national legislation, collective agreements and the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including the ILO Convention No 94; (ii) to what degree public authorities and/or individual contracting entities employ social dumping practices in respect of the goods and services concerned.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 7 – paragraph 1

~~Where the cont~~Contracting authority/entity, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operacting ~~authority/entity intends, under Article 69 of the~~in the water, energy, transport and postal services sectors, shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services. 2. The explanations referred to in paragraph 1 may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with obligations referred to in Article 6. 1 (a) new. (da) compliance with obligations referred to in Article 71 of Directive on public procurement or under Article 7981 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors~~, a~~. (e) the possibility of the tenderer obtaining State aid. After verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. 3.The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 2. Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in Article 6. 1 (a) new. 4. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was compatible with the internal market within the meaning of Article 107 of the Treaty. 5. Upon request, Member States shall make available to other Member States by way of administrative cooperation any information at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards, relating to the evidence and documents produced in relation to details listed in paragraph 2.

2013/10/03
Committee: INTA

Marc TARABELLA, Henri WEBER

Proposal for a regulation
Article 7 – paragraph 2

A contracting authority/entity may withhold any information release of it would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of economic operators, whether public or private, or might prejudice fair competition between them.deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 13 a (new)

Article 13a This Regulation shall be without prejudice to the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how these services should be organised and financed in compliance with the State aid rules and what specific obligations they should be subject to. Equally, this Regulation shall be without prejudice to the right of public authorities to decide whether, how and to what extent they wish to perform public functions themselves pursuant to Protocol (No 26) on Services of General Interest and Article 14 TFEU.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 16 a (new)

Article 16a Procurement conditions in connection with Union-funded programmes in third countries. In connection with public procurements funded by the European Union and its Member States, the Commission shall ensure the introduction of a binding regulatory framework intended to govern the award and performance of public contracts. In this connection, the European Union shall adopt uniform rules to ensure fair conditions of competition between European Union and third country economic operators.

2013/10/03
Committee: INTA