Activities of Jens ROHDE related to 2011/0438(COD)

Proposal for a directive
Recital 11

(11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 5400 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee. Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non-discrimination.

2012/06/13
Committee: ITRE

Proposal for a directive
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.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 16

(16) ~~For the same reasons, contracting authorities should be free to use the competitive dialogue~~There is a need for additional flexibility and contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a procedure for competitive dialogue as provided for in this Directive, in certain and specific situations. The use of this procedure has significantly increased in terms of contract values over the last years. It has shown itself to be of use in cases where contracting authorities are unable to define the means of satisfying their needs or of assessing what the market can offer in terms of technical, financial or legal solutions. This situation may arise in particular with innovative projects, the implementation of major integrated transport infrastructure projects, large computer networks or projects involving complex and structured financing. 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.

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 27

(27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, the purpose of the technical specifications ~~should~~is to define the function that the subject-matter of a contract is to deliver and should in all cases be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements must be considered by contracting authorities. To demonstrate equivalence, tenderers can be required to provide third-party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits.

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 28

(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental~~, social or other~~ characteristics should be able to refer to particular labels, such as the European Eco-label, (multi- )national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 41

(41) ~~Furthermore, in~~In view of the continued development of life-cycle cost calculation methods, the need for technical specifications and in award criteria~~, contracting authorities should be allowed to~~ referring 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, ~~provided that they are~~is increasingly less needed and should therefore be limited to areas where it is still not possible to calculate life-cycle costs. The technical requirements shall in all cases be directly 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 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 forsocial integration of 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 services 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.

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 43

(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are directly linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements — applicable during performance of the contract — to recruit long-term job- seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 2 – point 14

(14) ‘candidate’ means an economic operator that has sought an invitation or has been invited to take part in a ~~restricted procedure, in a competitive procedure with negotiation or in a~~ negotiated procedure without prior publication, in a competitive dialogue or in an innovation partnership;

2012/06/13
Committee: ITRE

Proposal for a directive
Article 2 – 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.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 4 – point c

(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 4 – point d

(d) EUR 5400 000 for public contracts for social and other specific services listed in Annex XVI.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 4 – paragraph 1 a (new)

For works, goods and service contracts falling below these thresholds, Member States shall implement national procedures for open competitions that ensure compliance with the treaty principles of equal access, non- discrimination and transparency.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2 a (new)

When the contract concerns waste incineration the percentages in points (1)(b), (3)(b) and (4)(c) of this Article is 50%.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2

However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part

They may also provide that contracting authorities may use a competitive procedure ~~with negotiation~~in the form orf a competitive dialogue in any of the following cases:

2012/06/13
Committee: ITRE

Proposal for a directive
Article 26

Article deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 27

Article deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2

The minimum time limit for receipt of requests to participate shall be 340 days from the date on which the contract notice is sent.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 28 – paragraph 2 a (new)

2a. The following shall not be changed in the course of the negotiations: (a) the description of the procurement; (b) the part of the technical specifications which define the minimum requirements; (c) the award criteria.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 29 – paragraph 3 – subparagraph 1

The contract shall be awarded in accordance with the rules for a competitive ~~procedure with negotiation~~dialogue as set out in Article 278.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c

(c) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons: (i) the absence of competition for technical reasons; (ii) the protection of patents, copyrights or other intellectual property rights; (iii) the protection of other exclusive rights. This exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 30 – paragraph 3 – point b

(b) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance; the duration of such contracts as well as that of recurrent contracts shall not~~, as a general rule, exceed three years~~ exceed three years from the original contract;

2012/06/13
Committee: ITRE

Proposal for a directive
Article 32 – paragraph 2

2. In order to award contracts under a dynamic purchasing system, contracting authorities shall follow the rules of the ~~restricted~~open procedure. All the candidates satisfying the selection criteria shall be admitted to the system; the number of candidates to be admitted to the system shall not be limited in accordance with Article 64. All communications in the context of a dynamic purchasing system shall only be made with electronic means in accordance with Article 19(2) to (6).

2012/06/13
Committee: ITRE

Proposal for a directive
Article 33 – paragraph 5 – subparagraph 3

All tenderers that have submitted admissible tenders shall be invited simultaneously by electronic means to participate in the electronic auction using, as of the specified date and time, the connections in accordance with the instructions set out in the invitation. The electronic auction may take place in a number of successive phases. The electronic auction shall not start sooner than ~~two~~five working days after the date on which invitations are sent out.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 34 – paragraph 5 – subparagraph 2

Contracting authorities shall allow for an adequate period of a minimum of five working days between the notification and the actual collection of information.

2012/06/13
Committee: ITRE

Proposal for a directive
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~~functionality that a works, service or supply is to deliver.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2

~~These~~More detailed characteristics ~~may also refer to~~concerning the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2 may be listed as guidelines but may not exclude any economic operator from participating in the procurement procedure.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 3 – introductory part

3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical specifications shall be formulated in ~~one of~~ the following ways:

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 3 – point b

(b) byin addition, as a means of presuming conformity with such performance or functional requirements, there may be made reference to technical specifications and, in order of preference, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or –— when those do not exist –— national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘'or equivalent’';

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 3 – point c

(c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications referred to in point (b) as a means of presuming conformity with such performance or functional requirements;deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 3 – point d

(d) by reference to the technical specifications referred to in point (b) for certain characteristics, and by reference to the performance or functional requirements referred to in point (a) for other characteristics.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 4

4. ~~Unless justified by the subject-matter of the contract,~~The technical specifications shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘or equivalent’.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 40 – paragraph 6 – subparagraph 1

Where a contracting authority uses the option laid down in point (ab) of paragraph 3 to formulate technical specifications ~~in terms of performance or functional requirements~~, it shall not reject a tender for works, supplies or services which comply with a national standard transposing a European standard, a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, where those specifications address the performance or functional requirements which it has laid down.

2012/06/13
Committee: ITRE

Proposal for a directive
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, provided that all of the following conditions are fulfilled:

2012/06/13
Committee: ITRE

Proposal for a directive
Article 41 – paragraph 2

2. Where a label 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, 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.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 42 – paragraph 2

2. Contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 43 – paragraph 1

1. Contracting authorities may authorise tenderers to submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. ~~Variants shall not be authorised without such indication~~Contracting authorities may not reject alternative tenders which can prove to fulfil the functionality requirements of the contract.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 44 – paragraph 4

4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 46 – paragraph 2 – subparagraph 1 – introductory part

For ~~restricted and competitive procedures with negotiation~~competitive dialogue, sub-central contracting authorities may use a prior information notice as a call for competition pursuant to Article 24(2), provided that the notice fulfils all of the following conditions:

2012/06/13
Committee: ITRE

Proposal for a directive
Article 46 – paragraph 2 – subparagraph 1 – point b

(b) it indicates that the contract will be awarded by ~~restricted or competitive procedure with negotiation~~competitive dialogue without further publication of a call for competition and invites interested economic operators to express their interest in writing;

2012/06/13
Committee: ITRE

Proposal for a directive
Article 52 – paragraph 1 – subparagraph 1

In ~~restricted procedures,~~ competitive dialogue procedures, and innovation partnerships ~~and competitive procedures with negotiation,~~ contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders or, in the case of a competitive dialogue, to take part in the dialogue.

2012/06/13
Committee: ITRE

Proposal for a directive
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 when the information can only be gathered from the economic operator itself. In those cases the economic operator shall deliver that information to the authority to obtain a Public Procurement Passport

2012/06/13
Committee: ITRE

Morten LØKKEGAARD, Jens ROHDE, Jürgen CREUTZMANN

Proposal for a directive
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~~twelve months earlier.

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 1 a (new)

(1a) Contracting authorities should always consider carefully the economic impact of a given requirement on the economic operators before it chooses to use such a requirement in the contract notice. Overly demanding requirements will raise transaction costs and can furthermore be an obstacle to the involvement of especially small and medium sized companies in public procurement.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 63

Article deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1

In ~~restricted procedures, competitive procedures with negotiation,~~ competitive dialogue procedures and innovation partnerships, contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue, provided a sufficient number of qualified candidates is available.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 64 – paragraph 2 – subparagraph 1

In the ~~restricted~~competitive dialogue procedure the minimum number of candidates shall be ~~five. In the competitive procedure with negotiation, in the competitive dialogue procedure~~six and in the innovation partnership the minimum shall be three. In any event the number of candidates invited shall be sufficient to ensure genuine competition.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

(b) the lowest ~~cost~~price.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2

Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 66 – paragraph 2 – introductory part

2. The most economically 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:

2012/06/13
Committee: ITRE

Proposal for a directive
Article 66 – paragraph 2 – point a

(a) life-cycle cost and quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character;

2012/06/13
Committee: ITRE

Proposal for a directive
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 may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 67 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Article 69 – paragraph 5

5. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender ~~may~~shall be rejected ~~on that ground alone only after consultation with the tenderer where the latt~~unless the tenderer is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was compatible with the internal market within the meaning of Article 107 of the Treaty. Where the contracting authority rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 70 – paragraph 1

Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications and are of a direct relevance to the contract's works, goods or services. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.

2012/06/13
Committee: ITRE

Proposal for a directive
Article 71

Article 71 Subcontracting 1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents. 3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.deleted

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point a

(a) Identification of the economic operator; company registration number, name, address and bank;

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point a a (new)

(aa) Description of the company: year of establishment, corporate form, owner(s), members of the board, industry code, short description of the main services and/or production of the company;

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point c a (new)

(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes, social security systems according to individual Member States laws etc,:

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point d a (new)

(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio. Start-up companies will be in compliance with this requirement when information from start-up till present date is adopted into their Public Procurement Passport;

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point d b (new)

(db) Key organizational indicators of the economic operator: average number of employees during last three years, and number of employees by the end of last year. Start-up companies will be in compliance with this requirement when information from start-up till present date is adopted into their Public Procurement Passport;

2012/06/13
Committee: ITRE

Proposal for a directive
Annex XIII – point f

(f) Indication of the period of validity of the Passport, which shall be not less than 6twelve months.

2012/06/13
Committee: ITRE

Morten LØKKEGAARD, Jens ROHDE, Jürgen CREUTZMANN

Proposal for a directive
Annex XVI – row 2 – column 1

79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2 and 85143000-3)

2012/06/13
Committee: ITRE

Proposal for a directive
Recital 43

(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked directly to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, or the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements applicable during performance of the contract to recruit long-term job- seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.

2012/07/12
Committee: IMCO

Proposal for a directive
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.

2012/07/12
Committee: IMCO

Jens ROHDE, Morten LØKKEGAARD

Proposal for a directive
Article 4 – paragraph a (new)

For works, goods and service contracts falling below these thresholds, Member States shall implement national procedures for open competitions that ensure compliance with the Treaty principles or equal access, non- discrimination and transparency

2012/07/12
Committee: IMCO

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2 a (new)

When the contract concerns waste incineration, the percentages in article 11, paragraph 1, point b, paragraph 3, point b and paragraph 4, point c, are 50 %.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 22

Article 22 Illicit conduct Candidates shall be required at the beginning of the procedure to provide a declaration on honour that they have not undertaken and will not undertake to: (a) unduly influence the decision-making process of the contracting authority or obtain confidential information that may confer upon them undue advantages in the procurement procedure; (b) enter into agreements with other candidates and tenderers aimed at distorting competition; (c) deliberately provide misleading information that may have a material influence on decisions concerning exclusion, selection or award.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
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~~functionality that a works, service or supply is to deliver.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 40 – paragraph 6 – subparagraph 1

Where a contracting authority uses the option laid down in point (a) of paragraph 3 to formulate technical specifications ~~in terms~~based ofn performance or functional requirements, it shall not reject a tender for works, supplies or services which comply with a national standard transposing a European standard, a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, where those specifications address the performance or functional requirements which it has laid down.

2012/07/12
Committee: IMCO

Proposal for a directive
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, provided that all of the following conditions are fulfilled:

2012/07/12
Committee: IMCO

Proposal for a directive
Article 42 – paragraph 2

2. Contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 43 – paragraph 1

1. Contracting authorities may authorise tenderers to submit variants. They shall ~~indic~~as a general rule authorise variants unless otherwise stated in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest ~~whether or not they authorise variants~~. Variants shall ~~not~~ be authorised without such indication to the contrary.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 59 – paragraph 3 a (new)

3a. The Procurement Passport shall include the information listed in Annex XIII and a declaration of honour that the economic has not undertaken and will not undertake to: (a) unduly influence the decision-making process of the contracting authority or obtain confidential information that may confer upon them undue advantages in the procurement process; (b) enter into agreements with other candidates and tenderers aimed at distorting competition; (c) deliberately provide misleading information that may have a material influence on decisions concerning exclusion, selection, or award. The Procurement Passport must be signed by the economic operator; hereby guaranteeing the validity of the information in the Procurement Passport.

2012/07/12
Committee: IMCO

Proposal for a directive
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 months~~one year earlier.

2012/07/12
Committee: IMCO

Morten LØKKEGAARD, Jens ROHDE, Jürgen CREUTZMANN

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

(b) the lowest ~~cost~~price.

2012/07/12
Committee: IMCO

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2

Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 66 – paragraph 2 – introductory part

2. The most economically 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:

2012/07/12
Committee: IMCO

Proposal for a directive
Article 66 – paragraph 2 – point a

(a) life-cycle cost and quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character;

2012/07/12
Committee: IMCO

Proposal for a directive
Article 67 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.deleted

2012/07/12
Committee: IMCO

Proposal for a directive
Article 70

Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications~~. Those conditions may, in particular, concern social and environmental considerations. They may also~~ and are of direct relevance to the contract's works, goods, or services. Those conditions may include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.

2012/07/12
Committee: IMCO