83 Amendments of Sirpa PIETIKÄINEN related to 2011/0438(COD)
Amendment 175 #
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy12 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors13 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts14 have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals such as improvements in the area of animal welfare. There is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.
Amendment 183 #
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and key social principles must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. Article 9 of the Treaty on the Functioning of the European Union guarantees social protection and fight against social exclusion. Article 13 of the Treaty on the Functioning of the European Union recognises animals as sentient beings and requires full regard to be given to the welfare requirements of animals while formulating and enforcing some Union policies. Article 14 thereof emphasizes the role of services of general economic interest and their importance for the welfare of people. This Directive clarifies how the contracting authorities mayshall contribute to the implementation of these principles and articles, to the protection of the environment and the promotion of sustainable development, whilst ensuring that they can obtain the best value for money for their contracts.
Amendment 187 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The technical specifications, award criteria and contract performance conditions play separate, distinct roles in the public procurement process, and the substance of the specifications and criteria is not restricted by this categorisation. Through the technical specifications, the contracting authority defines absolute requirements for the procurement; ability to meet the technical specifications is a prerequisite for the tender to be considered and only works supplies or services which comply with the specifications should therefore be considered. In contrast, award criteria enable the contracting authority to compare the advantages of various combinations of criteria. Each tender should be assessed against each of the criteria, but the ability to meet all the criteria is not necessarily a prerequisite for the award of a contract. Finally, the contract performance conditions should be included in the contract so that it is clear how the contract is to be performed.
Amendment 219 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 228 #
Proposal for a directive
Recital 17
Recital 17
(17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to spur innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental, animal welfare and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. This directive should contribute to facilitating public procurement of innovation and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long- term innovation partnership for the development and subsequent purchase of a new, innovative product, service or works provided it can be delivered to agreed performance levels and costs. The partnership should be structured in such a way that it can provide the necessary ‘market-pull’, incentivising the development of an innovative solution without foreclosing the market.
Amendment 243 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 254 #
Proposal for a directive
Recital 32
Recital 32
(32) Many economic operators, and not least SMEs, find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria. Limiting such requirements, for example through self-declarations, including declarations concerning compliance with rules and standards in the areas of animal welfare, health and public safety, social protection and labour standards, can result in considerable simplification for the benefit of both contracting authorities and economic operators. The tenderer to which it has been decided to award the contract should, however, be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so. Further simplification can be achieved through standardised documents such as the European Procurement Passport, which should be recognized by all contracting authorities and widely promoted among economic operators, in particular SMEs, for whom they can substantially lessen the administrative burden.
Amendment 257 #
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations, animal welfare, including rules on accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 260 #
Proposal for a directive
Recital 36
Recital 36
(36) Contracting authorities may require that environmental management measures or schemes are to be applied during the performance of a public contract. Environmental management schemes, whether or not they are registered under Union instruments such as Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco- management and audit scheme (EMAS)19 , can demonstrate that the economic operator has the technical capability to perform the contract. A description of the measures implemented by the economic operator to ensure the same level of environmental and animal welfare protection should be accepted as an alternative to environmental management registration schemes as a form of evidence, where the economic operator concerned has no access to such environmental management registration schemes or no possibility of obtaining them within the relevant time limits.
Amendment 272 #
Proposal for a directive
Recital 39
Recital 39
(39) It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of the important differences between individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental, social and innovation procurement. The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles (Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles20 ) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment21 ). In addition, the definition of common methodologies for life cycle costing and the costing of socially sustainable production processes including levels of animal welfare has significantly advanced. It therefore appears appropriate to continue on that path, leaving it to sector-specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of European approaches to life-cycle costing as a further underpinning for the use of public procurement in support of sustainable growth.
Amendment 276 #
Proposal for a directive
Recital 40
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 and economically viable animal welfare solutions, 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; whenever such a methodology is developed its use should be made compulsory.
Amendment 285 #
Proposal for a directive
Recital 41
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 and levels of animal welfare improvements, 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 and 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.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This directive shall not apply to services of general economic interest (SGEI), when a) the services have been defined according to the principles of EU legislation; b) the public authorities have met the requirements of transparency and equal treatment in notification procedure; c) the amount of service providers is inadequate with regard to the aims of this directive.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive sets out how Union institutions, Member States and central and local government authorities working together with partners from the public, private and voluntary sectors intend to set about improving public procurement. It sets out Union principles for procurement in the public sector, linked to the Union's principles for high quality public services. In order to fully meet the aims of this Directive contracting authorities shall ensure that comprehensive procurement strategies are carried out at the level of each procurement entity. As part of this process public hearings and consultations with the end users of products and services shall be arranged.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, 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.
Amendment 361 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 368 #
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'Life cycle characteristics' relate to any part of the life cycle of a product or works or the provision of a service, including socially sustainable and animal welfare sensitive production processes, as defined in point (22) of this article, including all aspects relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights, impacts on adjacent communities, and ethical trade. Life cycle characteristics are embedded in a product as a result of choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service.
Amendment 373 #
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) The "Procurement Strategy" means the strategy of public procurement. It sets out Union principles for procurement in the public sector and the guiding principles and activities to implement the vision at the national, regional and local level.
Amendment 396 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 413 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Exclusion for goods falling under a fixed price regime This Directive shall not apply to contracts for the supply of goods or the provision of services which are subject by law to a fixed price.
Amendment 441 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) the SGEI contracts that ensure compliance with the EU law and that are granted following an open, transparent and non-discriminatory procedure.
Amendment 444 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
Amendment 478 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
Amendment 533 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromin conflict with that of the public authorities affiliated to it;
Amendment 537 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
(d) the controlled legal person does not draw any gains other than the reimbursement of actual costsgains only the reimbursement of actual costs, and what is necessary for investing in development of further quality services, from the public contracts with the contracting authorities.
Amendment 592 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Economic operators shall comply with the social and labour legislation and rules on working conditions that apply in the country in which the work, service or product that is the subject of the tender is provided, as is laid down in national legislation and/or in the international labour law conventions on working conditions listed in Annex XI.
Amendment 595 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
The E-procurement strategy and timeline for mandatory e-procurement by mid- 2016 shall be implemented as proposed by the Commission. An easy access Europe- wide single platform with single operating system will be created with services provided in all official EU languages.
Amendment 722 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2 a (new)
Article 27 – paragraph 1 – subparagraph 2 a (new)
In order to promote innovations contracting authorities can call for innovative solutions for problems, instead of defining specific products or services.
Amendment 734 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point a
Article 27 – paragraph 3 – subparagraph 2 – point a
(a) the general description of the procurement;
Amendment 787 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29 a A service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 827 #
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3 a (new)
Article 31 – paragraph 1 – subparagraph 3 a (new)
In framework agreements on services the term of the framework agreement may exceed four years when the best interest of the end user, the nature of investment or the other aspects of the nature of the service so requires.
Amendment 855 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Contracting authorities may use electronic auctions for standardised goods, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
Amendment 866 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities may purchase works, supplies and/or services from or through a central purchasing body. , provided that the aggregation of tenders to a bigger lots do not prevent genuine competition and do not enable the emergence of oligo- and monopolies or de facto prevent end users´ right to have a choice. Central purchasing body has to ensure that in all of its activities it will; 1) detect and prevent contracts with a risk of advancing monopolistic and oligopolistic structures and markets; 2) prevent factually and effectively procurement contracts and processes that undermine SMEs´ and local businesses´ possibilities to participate and win the contracts 3) not prevent the end users´ right to have a choice and to be heard
Amendment 867 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 875 #
Proposal for a directive
Article 38
Article 38
Amendment 886 #
Proposal for a directive
Article 39 – paragraph -1 (new)
Article 39 – paragraph -1 (new)
Amendment 892 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either be required (i) to clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) to set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
Amendment 896 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required of a works, service or supply in order to achieve the use, sustainability and animal welfare objectives of the contracting authority.
Amendment 901 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle including socially sustainable and animal welfare sensitive production processes as referred to in point (22) of Article 2.
Amendment 906 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4 a (new)
Article 40 – paragraph 1 – subparagraph 4 a (new)
Technical specifications may also include, as appropriate, requirements relating to: (a) performance, including levels of environmental and climate performance and performance in terms of social impact; (b) life cycle characteristics; (c) the organisation, qualification and experience of the staff assigned to performing the contract in question; (d) safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions; (e) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve. f) promotion of innovative goods and services by tendering for solutions for problems, instead of specifically defined goods and services;
Amendment 911 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Technical specifications shall guarantee equal access of economic operators to the procurement procedure and not have the effect of creating unjustified obstacles to the opening -up of public procurement to competition. Technical specifications shall be drawn up in such a way as to ensure that success in the tender procedure or any other procurement procedure will not rest solely or mainly on competition in terms of employees’ job security or working conditions.
Amendment 915 #
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social, environmental and animal welfare characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract;
Amendment 931 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label, certificate or other assurance scheme, provided that all of the following conditions are fulfilled:
Amendment 936 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label, certificate or other assurance scheme, only concern characteristics which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 940 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point b
Article 41 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label, certificate or other assurance scheme, are drawn up on the basis of scientific information or based on other objectively verifiable and non-discriminatory criteria;
Amendment 945 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels, certificate or other assurance scheme, are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and environmental organisations, may participate,
Amendment 950 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point d
Article 41 – paragraph 1 – subparagraph 1 – point d
(d) the labels, certificate or other assurance scheme, are accessible to all interested parties;
Amendment 953 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the labelverification and attribution of the compliance with the label, certificate or other assurance scheme are set by a third party which is independent from the economic operator applying for the label, certificate or other assurance scheme in question.
Amendment 956 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e a (new)
Article 41 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) the label, certificate or other assurance scheme should provide and ensure the highest level of accountability and quality linked to the subject-matter of contract to avoid any misuse of labelling system.
Amendment 962 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label, certificate or other assurance scheme shall accept all equivalent labels that fulfil the requirements of the label, certificate or other assurance scheme indicated by the contracting authorities. For products that do not bear the label, certificate or other assurance scheme, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
Amendment 966 #
Proposal for a directive
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where a label, certificate or other assurance scheme fulfils the conditions provided in points (b), (c), (d) and (e) of paragraph 1 but also sets out requirements not linked to the subject-matter of the contract, contracting authorities may define the technical specification by reference to those of the detailed specifications of that label, certificate or other assurance scheme, or, where necessary, parts thereof, that are linked to the subject-matter of the contract and are appropriate to define characteristics of this subject-matter.
Amendment 998 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Amendment 1011 #
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2
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. If one contract is awarded it may not restrict competition or lead to monopolisation of the market.
Amendment 1019 #
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Not later than 148 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In case of an incomplete or incoherent contract award notice, the Commission will contact the Contracting Authority with the aim to receive completion or clarification of the contract award notice.
Amendment 1101 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
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 and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
Amendment 1104 #
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
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 monthsone year earlier.
Amendment 1106 #
Proposal for a directive
Article 59 – paragraph 5 a (new)
Article 59 – paragraph 5 a (new)
5a. Tenderers may be excluded from the European Procurement Passport due to failures in paying social contributions, or where the economic operator has been convicted by a final judgement of any offence affecting his professional conduct or has been guilty of grave professional misconduct.
Amendment 1107 #
Proposal for a directive
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
2. Proof of the economic operator's economic and financial standing as well as compliance with rules and standards in the field of animal welfare, may, as a general rule, be provided by one or more of the references listed in Annex XIV, part 1.
Amendment 1109 #
Proposal for a directive
Article 61 – title
Article 61 – title
Quality assurance standards and social, environmental and animal welfare management standards
Amendment 1116 #
Proposal for a directive
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality and, social, environmental and animal welfare standards referred to in paragraphs 1 and 2 of this Article.
Amendment 1132 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically, socially and environmentally advantageous tender;
Amendment 1158 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically, socially and environmentally 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:
Amendment 1167 #
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) qualityperformance, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative charlevels of environmental and climate performance and performance in terms of social impacter;
Amendment 1181 #
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works,life cycle characteristics; (ba) the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the conseque; (bb) safety or dimensions, including the procedures concerning quality assurance, that, following the award of the conerminology, symbols, testing and test methods, packaging, marking and labelling, user instrauct, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality; ions; (bc) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve.
Amendment 1198 #
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
3. Member States may provide that the award of certain types of contracts shall be based on the most economically, socially and environmentally advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.
Amendment 1205 #
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
5. In the case referred to in point (a) of paragraph 1 the contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically, socially and environmentally advantageous tender.
Amendment 1231 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 2
Article 67 – paragraph 2 – subparagraph 2
Amendment 1237 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
3. The Commission shall establish, either by means of delegated acts or in sector specific legislation, common methodologies for the calculation of life- cycle costs for products where the economic saving or the environmental improvement potential is high. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life- cycle costing is included in the award criteria referred to in Article 66(1).
Amendment 1282 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of animal welfare, social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 1291 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2 a (new)
Article 69 – paragraph 4 – subparagraph 2 a (new)
Contracting authorities shall also reject the tender, where they have established that the price or costs charged is abnormally low in proportion to the costs that the tenderer has to cover, and the acceptance of the tender would strengthen the market position of the tenderer in a manner that would lead to distortion of competition in internal markets.
Amendment 1316 #
Proposal for a directive
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
A contracting authority may also require a contract to incorporate labour clauses within the meaning of International Labour Organisation (ILO) Convention No 94.
Amendment 1341 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. The contracting authority may be required to ask that the subcontractor complies 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.
Amendment 1349 #
Proposal for a directive
Article 72 – paragraph 1 a (new)
Article 72 – paragraph 1 a (new)
1a. A modification of a contract during its term shall not be considered substantial when the development of goods and services and promotion of innovations requires flexible cooperation between the contracting parties.
Amendment 1385 #
Proposal for a directive
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1a. In the absence of fault of the contractual partner, Member States shall ensure a right to compensation, when a contracting authority decides or is required to terminate a public contract during its term.
Amendment 1387 #
Proposal for a directive
Article 73 a (new)
Article 73 a (new)
Article 73a In the case of violation of the content of the contract, and economic operator having not been able to fulfil the obligations as defined in the contract, public authorities are obliged to define and set sanctions in relation to the market value of the contract to disincentive effectively the contract impeachments.
Amendment 1433 #
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure high 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 alsoshall 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, but take into account quality and sustainability criteria for social services as set out above. Contracting authorities may also refer to the criteria set out in the voluntary European Quality Framework for Social Services. Member States may also provide that contracting authorities can choose to limit the participation in a tender procedure for the provision of social and health services to non profit organisations if the specific need of each category of users so requires.
Amendment 1479 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
Amendment 1483 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point e a (new)
Article 84 – paragraph 3 – subparagraph 1 – point e a (new)
(ea) granting a right for civil society organisations to supervise and report on behalf of people with limited legal or other capacity, that the quality of the services and the goods provided to the people with limited legal or other capacity is in accordance with the EU fundamental rights and the technical specifications and award criteria as defined in the contract and according to requirements relating to meeting the specific need of each category of user.
Amendment 1574 #
Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
Amendment 1575 #
Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
Amendment 1576 #
Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1577 #
Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1582 #
Proposal for a directive
Annex 14 – part 2 – paragraph 1 – point f
Annex 14 – part 2 – paragraph 1 – point f
(f) an indication of the environmental and social management measures that the economic operator will be able to apply when performing the contract;