Activities of Heide RÜHLE related to 2009/2175(INI)
Plenary speeches (1)
New developments in public procurement (short presentation)
Reports (1)
REPORT Report on new developments in public procurement PDF (287 KB) DOC (186 KB)
Shadow opinions (1)
OPINION Opinion on New developments in public procurement
Amendments (42)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that although local and regional authorities are amongst Europe’s largest purchasers and therefore play an essential role in implementing public procurement rules, there is a general lack of legal expertise complexity of the rules on competition law and procurement law means that there is often a lack of expertise in the legal framework and its implementation, appropriate training and guidelines on procurement within sub- national authorities;
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 6 #
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, not land the threast because theof legal action in the form of lengthy appeal procedures arethat are often obstructed by various actors, and hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to supportmake use of the procedure and assist local authorities in using these new procedures, in each case in compliance with the standard public procurement rules and regulations;
Amendment 10 #
Draft opinion
Paragraph 3a (new)
Paragraph 3a (new)
3a. Calls on the Commission to examine the possibility of using, even beyond 2010, accelerated versions of procedures in connection with structural funds and an extension of the temporary increase in thresholds, with the specific aim of increasing investment;
Amendment 11 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clearoherent framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;
Amendment 13 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clear framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;
Amendment 14 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 15 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises the right of local and regional authorities to decide democratically on the best means of delivering public services, including decisions to use companies they own or control without any private partner being involved; believes that even without compulsory tendering inter-communal or other forms of public-public cooperation for service delivery should be accepted as a legitimate way of delivering in-house services and that sub-national actors should be able to assign tasks relating to public service provision to companies they own or control, provided that those companies do not compete on external markets; proposes that the Commission should assess whether there is any remaining legal uncertainty regarding the concepts of ‘public authority’ and ‘in- house services’ in the light of various judgments1 of the Court of Justice and, if necessary, take steps to clarify them so that the principle of subsidiarity is observed;.
Amendment 18 #
Motion for a resolution
Paragraph 1 – title
Paragraph 1 – title
General remarks and recommendations
Amendment 18 #
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Points out that the Commission’s initiatives concerning public procurement need to be better coordinated in order to avoid jeopardising coherence with European directives on public procurement and causing legal problems for operators; calls in this regard for better coordination within the European Commission, including a single website with clear structures to promote legislative transparency in this field;
Amendment 19 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved particularly with regard to the simplification of the procurement rules as well as the creation of more legal certainty; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall;
Amendment 21 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to clarify the corresponding public procurement rules and revise the legal framework in order not to jeopardise the powers and right of local authorities to decide how they want to develop theirdraw up, in close cooperation with the European Parliament, the Council and regional and local government, the corresponding public procurement rules with sufficient clarity to enable contracting authorities clearly to identify which public works contracts and concessions are subject to award and thus distinguish between these and urban development projects for which therritorye is no obligation to award contracts.
Amendment 22 #
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the difficulty in distinguishing public works contracts from public authorities’ town planning activities and endorses the concerns voiced by many local authorities in response to the interpretation of the rulings1 of the Court of Justice in the field of urban development; firmly believes that the operationally and legally strict application of public procurement rules might hinder urban development; calls on the Commission to clarify the corresponding public procurement rules and revise the legal framework in order not toso that land agreements can be facilitated between the public and private sector without the unnecessary requirement of having to award a tender and without jeopardiseing the powers and right of local authorities to decide how they want to develop their territory; awaits with great interest the decision of the Court of Justice in Case C-451/08; endorses the view of the Advocate-General of the Court of Justice delivered on 17 November 2009 in Case C-451/08: 'These broad and ambitious aims 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.' (paragraph 35); otherwise there is the risk 'that all town planning activities are subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question'.
Amendment 23 #
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,public bodies, private undertakings and providers of services of general interest 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 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 29 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that European initiatives in the area of public procurement must be coordinated more effectively in order not to jeopardise consistency with the public procurement directives and create legal problems for those applying the rules; calls, therefore, for compulsory coordination measures within the Commission, includingunder the lead of the Directorate-General Internal Market and Services which is in charge of public procurement, and under participation of the further relevant Directorates- Generals; asks for a uniform Internet presence, with a view to making the relevant legal provisions more transparent and more user friendly;
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 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 57 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that the Commission has clarified that not every action taken by public authorities is subject to procurement law. As long as European law provisions do not require the creation of market in a certain area, it remains up to the Member States to decide whether and to what extent they want to perform public functions themselves;
Amendment 58 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that the conclusions of the CJEU in that judgment not only apply directly to cooperation between local authorities but are generally valid, with the result that they can be applied to cooperation between other public contracting authorities;
Amendment 66 #
Motion for a resolution
Paragraph 8 – title (new)
Paragraph 8 – title (new)
Service Concessions
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 81 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Emphasizes however that the recent financial crises has shed new light on the ways public-private partnerships are often financed and the financial risks are shared; asks the Commission to properly evaluate the financial risks involved with the creation of PPPs;
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 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 106 #
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; to facilitate their use in public procurement; expects the Member States to be fully involved in this process; This bottom-up process should take into account the valuable experience and knowledge that often exists at local, regional and national level; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;
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 111 #
Motion for a resolution
Paragraph 15 - title (new)
Paragraph 15 - title (new)
Social responsible Procurement
Amendment 112 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the great importance of public procurement for the achievement of EU social objectives and the advancement of sustainable development; Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide constructive 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; emphasises the underlying problem that when 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 demanded and calls on the Commission to offer suitable assistance and to promoteto sustainability assurance schemes and to support 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;
Amendment 126 #
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Calls on the Commission to encourage public authorities to use Fair Trade criteria in their public tenders and purchasing policies on the basis of the Fair Trade definition as recognized by the European Parliament resolution on Fair Trade and Development of 6 June 2006 and the recent European Commission communication of 5 May 2009; reiterates its earlier call to the Commission to promote this by, e.g., producing constructive guidelines for Fair Trade procurement; welcomes the unanimous adoption of the opinion of the Committee of the Regions on 11 February 2010 calling for a common European Fair Trade strategy for local and regional authorities;