BETA

25 Amendments of Christel SCHALDEMOSE related to 2011/0438(COD)

Christel SCHALDEMOSE

Proposal for a directive
Recital 43

(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements — applicable during performance of the contract — to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation. Contract performance conditions may be determined in accordance with the Commission guidelines of October 2010: Buying social: a guide to taking account of social considerations in public procurement (SEC(2010) 1258 final).

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Recital 44 a (new)

(44a) Member States may use contract clauses that contain provisions on compliance with collective agreements, insofar as this is referred to in the contracting authority’s contract notice or in the tender specifications, so as to comply with the principle of transparency.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Recital 44 b (new)

(44b) The provisions of the Directive must respect Member States’ different labour market models, including those where collective agreements apply.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 4 – paragraph 1 – point c a (new)

(ca) As regards the provisions of point (c) of Article 4, Member States may opt not to make use of competitive tendering at EU level where the procurement value is between EUR 200 000 and EUR 1 000 000.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 4 – paragraph 1 – point d

~~(d) EUR 500 000 for public contracts for social and other specific services listed in Annex XVI.~~deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

b) at least 90 % 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;. For waste incineration plants this minimum limit shall be set at 50%.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part

They may also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue ~~in any of the following cases:~~(Articles 27 and 28) provided this does not lead to distortion of competition or discrimination.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point a

a) with regard to works, where the works contract has as its object both the design and the execution of works within the meaning of Article 2(8) or where negotiations are needed to establish the legal or financial makeup of the project;deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point b

b) in respect of public works contracts, for works which are performed solely for purposes of research or innovation, testing or development and not with the aim of ensuring profitability or recovering research and development costs;deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point c

c) with regard to services or supplies, where the technical specifications cannot be established with sufficient precision with reference to any of the standards, European technical approvals, Common technical specifications or technical references within the meaning of points 2 to 5 of Annex VIII;deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point d

d~~) in the event of irregular or unacceptable tenders within the meaning of Article 30(2)(a) in response to an open or a restricted procedure;~~eleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point e

~~e) due to specific circumstances related to the nature or the complexity of the works, supplies or services or the risks attaching thereto, the contract cannot be awarded without prior negotiations.~~deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 a (new)

In the period between the expiry of the time limit for receipt of tenders and the signature of the contract, the contracting authorities may enter into dialogue with the tenderers, either in order to clear up or remedy errors, omissions or misunderstandings in the tenders or to clarify or supplement the content of the tenders, and to the extent that this does not give rise to discrimination.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5

~~Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.~~deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point a

~~a) the description of the procurement;~~deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2

~~Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities~~For products that do not bear the label, contracting authorities may also accept a technical dossier of the manufacturer or other appropriate means of proof. For products that do not bear the label, contracting authorities ~~shall~~may also accept a technical dossier of the manufacturer or other appropriate means of proof, but only from economic operators that do not have access to such certificate, or no possibility of obtaining them within the relevant time limit.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2

Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof of equivalence.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 44

Article 44 Division of contracts into lots 1. 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. Contracting authorities shall indicate, in the contract notice or in the invitation to confirm interest, whether tenders are limited to one or more lots only. 2. Contracting authorities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer, provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number. 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. 4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 61 – paragraph 2

2. Where contracting authorities require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain environmental management schemes or standards, they shall refer to the European Union Eco-Management and Audit Scheme (EMAS) or to other environmental management schemes as recognized in accordance with Article 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council41 or other environmental management standards based on the relevant European or international standards by accredited bodies. They shall recognise equivalent certificates from bodies established in other Member States. For services this may be Ecolabel certificates which also include environmental management criteria. They shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

(b) the lowest ~~cost~~price.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

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:

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 66 – paragraph 2 – point d a (new)

(da) social criteria.

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 74

Article 74 Award of contracts for social and other specific services Contracts for social and other specific services listed in Annex XVI shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d).deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 75

Article 75 Publication of notices 1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice. 2. Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice. 3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.deleted

2012/07/12
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a directive
Article 76

Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted

2012/07/12
Committee: IMCO