8 Amendments of Vicente Miguel GARCÉS RAMÓN related to 2011/0439(COD)
Amendment 151 #
Proposal for a directive
Recital 13
Recital 13
(13) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure, as well as any activity that fails to comply with labour, environmental, social (particularly regarding the integration of persons with disabilities) and public health standards, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 204 #
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities 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 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, such as, inter alia, those which may 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 disability. 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 services32 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.
Amendment 215 #
Proposal for a directive
Recital 51
Recital 51
(51) The laws, regulations and collective agreements, at both national and Union level, that are in force in the areas of employment conditions, integration of persons with disabilities into the labour market and safety at work apply during the performance of a contract, provided that such rules, and their application, comply with Union law. In cross-border situations where workers from one Member State provide services in another Member State for the purpose of performing a contract, 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 services33 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, non- compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned, liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract.
Amendment 454 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States may reserve the right to participate in procurement procedures to: (a) sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmemainly promoted by and involving not-for-profit organisations, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the workers concerned are disabled persons who, owing to the nature or seriousness of their disabilities, cannot carry out a professional activity under normal conditions or find employment easily in the ordinary market; (b) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers, provided that more than 30 % of the employees of those workshops, economic operators or programmes are disabled or disadvantaged workers. The call for competition shall make reference to this provision. In Member States in which circumstances justify it, in that there are a significant number of disabled persons who can work but who are not working, the reservation of contracts described in point (a) above shall be equal to at least the number or percentage of contracts indicated by the contracting bodies or other competent bodies.
Amendment 595 #
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 4
Article 54 – paragraph 1 – subparagraph 4
For all procurement, the subject of which is intended for use by persons, whether general public or staff of the contracting entity, those technical specifications shall, except in exceptional, duly justified cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 618 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors, and environmental and social organisations may participate;
Amendment 623 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting entities. For products that do not bear the label, contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. Precedence shall be given to labels, technical dossiers or other means of proof which have been developed, certified or verified with the involvement of governmental bodies, or environmental or social organisations.
Amendment 742 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
(da) characteristics relating to working conditions that aim to protect the health of the workers or favour the social integration of disadvantaged or disabled persons amongst the persons assigned to performing the contract.