Activities of Claude TURMES related to 2011/0439(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
Amendments (14)
Amendment 26 #
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting entities require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the mobest economically advantageousvalue for money tender’ or ‘the lowest life- cycle cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 27 #
Proposal for a directive
Recital 44
Recital 44
(44) Where contracting entities choose to award a contract to the mobest economically advantageousvalue for money tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of those criteria depends on the subject-matter of the contract, since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting entity and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 29 #
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the mobest economically advantageousvalue for money tender and the lowest cost using a life-cycle costing approach, 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 a 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 30 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘"life cycle’' means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation, energy mix used and energy and resource efficiency gains at all stages of the cycle, to disposal, clearance and finalisation in specific relation to social and working conditions and environmental protection under sustainability principles;
Amendment 61 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a
Article 76 – paragraph 1 – subparagraph 1 – point a
(a) the mobest economically advantageousvalue for money tender;
Amendment 62 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
(b) the lowest life-cycle cost.
Amendment 63 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 65 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The mobest economically advantageousvalue for money tender referred to in point (a) of paragraph 1) from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject-matter of the contract in question.
Amendment 66 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include in addition to the price orlife-cycle costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the contract in question, such as:
Amendment 67 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, energy efficiency performance, design for all users, environmental characteristics and innovative character;
Amendment 70 #
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) impact of the contract on sustainable development, including at any stage of the life-cycle. Such impact need not to be monetised provided that the criteria used comply with paragraph 4. Among issues to be considered should be: a) corporate social responsibility (CSR) practice of the contractor; b) CO2 abatement over the full life-cycle of the product.
Amendment 71 #
Proposal for a directive
Article 76 – paragraph 3
Article 76 – paragraph 3
3. Member States may provide that the award of certain types of contracts shall be based on the mobest economically advantageousvalue for money tender referred to in point (a) of paragraph 1 and in paragraph 2.
Amendment 72 #
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting entity. They shall following award criteria shall be used to identify the tender representing the best value for money : a) linked to the subject matter; b) ensure the possibility of effective competition; and shall bec) accompanied by requirements whichthat allow the information provided by the tenderers to be effectively verified. Contracting entities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 81 #
Proposal for a directive
Article 86 a (new)
Article 86 a (new)
Article 86a Green Public Procurement 1. In order to encourage the most energy- efficient office equipment products, the entities, without prejudice to Union and national law, shall use energy-efficient requirements which are no less stringent than the Energy Star Common Specifications, as defined in Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008, when purchasing office equipment products. 2. Contracting entities which conclude procurement contracts covered by this Directive should only procure products which are classified in the highest performance levels under specific implementing measures of the Energy Labelling Directive (Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010). 3. In the event that contracting entities choose products of lower performance level than set out in paragraphs 1 and 2 , that choice shall be separately justified with regard to the full lifecycle cost of the contract. 4. When entities purchase products, systems, services and buildings, Member States shall ensure that they purchase products, systems, services and buildings with high energy efficiency performance, based on a whole lifecycle analysis as referred to Article 77. Without prejudice to Article 5 of the Energy Efficiency Directive, when purchasing or renting a collection or group of products, systems, services or buildings, the aggregate energy efficiency shall take priority over the energy efficiency of an individual purchase, taking into account technical suitability and intended use.