Activities of Zigmantas BALČYTIS related to 2011/0438(COD)
Plenary speeches (1)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
Amendments (14)
Amendment 31 #
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, 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 neesustainable development and other common societal goals, thus ensuring the best possible outcome in cost-benefit ratio terms. There is also a need to simplify EU rules on public procurement, particularly with regard to the method used to achieve the sustainability objectives which should be included in public procurement policy, and 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 34 #
Proposal for a directive
Recital 5
Recital 5
(5) Under ArticleIn accordance with the requirements of Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and the concept of a socially sustainable production process must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development and guaranteeing public health and safety and compliance with the social standards and labour law of the Member States and the Union. This Directive clarifies how the contracting authorities may contribute 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. , and how they can use the discretionary powers assigned to them to lay down technical specifications and award criteria in the interests of socially sustainable public procurement.
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) 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, can result in violations of the basic principles of Union law and in serious distortions of competitionas well as all actions which violate labour, environmental and public health standards, can result in serious distortions of competition and violations of the basic principles of Union law. 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 39 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In view of the need to promote participation in cross-border public procurement procedures by economic operators in the Union, it is necessary for Member States to transpose and apply the provisions of the Services Directive properly and punctually.
Amendment 40 #
Proposal for a directive
Recital 8
Recital 8
(8) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) approved in particular the World Trade Organisation Agreement on Government Procurement, hereinafter referred to as the ‘Agreement’. The aim of the Agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts affording equal access to the markets on both sides and equal competitive conditions for economic operators based within the EU and those based in third countries, with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the Agreement, as well as by other relevant international agreements by which the Union is bound, contracting authorities fulfil the obligations under these agreements by applying this Directive to economic operators of third countries that are signatories to the agreements.
Amendment 42 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The Union needs an effective instrument to, on the one hand, encourage compliance with the principle of reciprocity in relation to third countries which do not provide equivalent access to European economic operators, particularly through an assessment of substantial reciprocity to be carried out by the Commission, and, on the other hand, ensure fair competition and a level playing field.
Amendment 91 #
Proposal for a directive
Article 6 – paragraph 1a (new)
Article 6 – paragraph 1a (new)
1a. The practical implementation of the Government Procurement Agreement (GPA), which forms part of the legal framework of public procurement in the European Union, is based on a previous assessment of the proper application of the principle of substantial reciprocity with regard to the opening of markets between the European Union and third signatory States. Such an assessment of substantial reciprocity is also extended to third countries which are not contracting parties to the GPA and have access to the European public procurement market.
Amendment 128 #
Proposal for a directive
Article 40 – paragraph 1a (new)
Article 40 – paragraph 1a (new)
1a. Technical specifications may also include, as appropriate, requirements relating to:
Amendment 129 #
Proposal for a directive
Article 40 – paragraph 1a – point a (new)
Article 40 – paragraph 1a – point a (new)
(a) performance, including levels of environmental and climate performance and performance in terms of socially sustainable production process;
Amendment 130 #
Proposal for a directive
Article 40 – paragraph 1a – point b (new)
Article 40 – paragraph 1a – point b (new)
(b) life-cycle characteristics;
Amendment 131 #
Proposal for a directive
Article 40 – paragraph 1a – point c (new)
Article 40 – paragraph 1a – point c (new)
(c) socially sustainable production process;
Amendment 132 #
Proposal for a directive
Article 40 – paragraph 1a – point d (new)
Article 40 – paragraph 1a – point d (new)
(d) the organisation, qualification and experience of the staff assigned to performing the contract in question;
Amendment 133 #
Proposal for a directive
Article 40 – paragraph 1a – point e (new)
Article 40 – paragraph 1a – point e (new)
(e) safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and assessment methods, packaging, marking and labelling, user instructions;
Amendment 134 #
Proposal for a directive
Article 40 – paragraph 1a – point f (new)
Article 40 – paragraph 1a – point f (new)
(f) 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.