37 Amendments of Olle LUDVIGSSON related to 2011/0438(COD)
Amendment 83 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 45(2), Article 53(1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 87 #
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy 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 sectors 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 contracts have to be revised and modernised in order to increase the efficiency of public spending,enable procurers to make better use of public procurement in support of sustainable development compliance with social and labour rights and other common societal goals and in order thereby to increase the efficiency of public spending, guaranteeing the best possible results in terms of cost effectiveness and 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. There is also a need to simplify Union rules on public procurement, in particular as regards the method used to achieve the sustainability objectives which should be part and parcel of public procurement policy and 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 120 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how, and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Contracts for social and other specific services listed in Annex XVI are exclusively regulated by articles 74-76 in this Directive.
Amendment 130 #
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) employment contracts or collective agreements which contributes to the improvement of conditions of work and employment;
Amendment 132 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 133 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point a
Article 11 – paragraph 1 – subparagraph 1 – point a
Amendment 134 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
Amendment 138 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
Amendment 141 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 144 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 148 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Amendment 152 #
Proposal for a directive
Article 11 – paragraph 3 - subparagraph 1 – point a
Article 11 – paragraph 3 - subparagraph 1 – point a
Amendment 154 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 157 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
Amendment 162 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Amendment 165 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
Amendment 169 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point b
Article 11 – paragraph 3 – subparagraph 2 – point b
Amendment 172 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 176 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 178 #
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
Amendment 180 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
Amendment 183 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 184 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
Amendment 187 #
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 188 #
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
Amendment 191 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 193 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 201 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Public procurement is to be used to achieve a smart, sustainable and inclusive growth and to support common societal goals and to provide goods and services of high quality. It is the right of public authorities at all levels to decide how they want to provide commissioning and organise their services.
Amendment 204 #
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Economic operators shall apply obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by national legislation and/or collective agreements or international labour law provisions listed in Annex XI and in particular ILO Convention 94.
Amendment 217 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Member States that have whistle- blower protection for public employees to combat corruption and other breaches of civil law and/or crimes (within the public sector) may request that an equivalent protection is given to an employee employed by the economic operator, if the economic operator performs publically funded services
Amendment 254 #
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 only concern characteristics which are linked to the subject-matter of the contract or the production of 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 298 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most socially, environmentally and economically advantageous tender;
Amendment 303 #
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 or the production of the subject-matter of the public contract in question, such as:
Amendment 307 #
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, the organisation, qualification and experience of the staff assigned to performing the contract in question as well as the capacities, abilities and professional conduct of any subcontractor may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced and further subcontracting will only be permitted with the consent of the contracting authority, which must verify that replacements or further subcontracting ensure equivalent organisation and quality;
Amendment 309 #
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
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 339 #
Proposal for a directive
Article 70 a (new)
Article 70 a (new)