17 Amendments of Monica MACOVEI related to 2011/0438(COD)
Amendment 626 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
1. Member States shall provide for ruleut in place mechanisms to effectively prevent, identify and immediately remedy actual, potential or perceived conflicts of interests arising in the conduct of procurement procedures that are subject to this Directive, including the design and preparation of the procedure, the drawing- up of the procurement documents, the selection of candidates and tenderers and, the award of the contract and the implementation phase, so as to avoid any distortion of competition and ensure equal treatment of all tenderers.
Amendment 641 #
Proposal for a directive
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Member States shall ensure that appropriate mechanisms are in place to prevent, detect and remedy conflict of interests situations. Such mechanisms may involve the use of technological solutions.
Amendment 643 #
Proposal for a directive
Article 21 – paragraph 4 b (new)
Article 21 – paragraph 4 b (new)
4b. Member States shall take the necessary measures to ensure effective and timely redress, as well as the application of effective, dissuasive and proportionate sanctions in case the rules on conflict of interests are breached. The redress and sanctions shall include annulment of public contracts concluded in breach of conflict of interests rules and liability for damages.
Amendment 1067 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d a (new)
Article 55 – paragraph 3 – subparagraph 1 – point d a (new)
(da) where a conflict of interests could not have been effectively remedied as stipulated by Article 21(3);
Amendment 1068 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d b (new)
Article 55 – paragraph 3 – subparagraph 1 – point d b (new)
(db) where the economic operator does not provide appropriate ownership information, including on its subcontractors.
Amendment 1119 #
Proposal for a directive
Article 63 – paragraph 1 – subparagraph 2 a (new)
Article 63 – paragraph 1 – subparagraph 2 a (new)
Member States shall publish online and regularly update the list of economic operators excluded for participation in a public contract on the grounds stipulated in Article 55(1), (2) and (3).
Amendment 1471 #
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point c a (new)
Article 84 – paragraph 2 – subparagraph 2 – point c a (new)
(ca) statistics and overview on the use of negotiated procedure without prior publication stipulated in Article 30, including list of economic operators who were granted public contracts following this procedure and the grounds on which the procedure was used;
Amendment 1472 #
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point d
Article 84 – paragraph 2 – subparagraph 2 – point d
(d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union, as well as, when possible, on outcome of referral to competent administrative, law enforcement or judicial authorities.
Amendment 1477 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d
Article 84 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying, in cooperation with law enforcement bodies, comprehensive, actionable ‘red flag’ indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities. This shall also include a mapping of risks that identifies vulnerable positions in contracting authorities, as well as internal and external control bodies, activities in the public procurement procedures where risks where identified and vulnerable sectors and/or projects. The red flag indicators and the mapping of risks shall be updated on regular basis;
Amendment 1478 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
(da) establishing procedures for reporting serious irregularities that also ensure protection of anonymity of the informant;
Amendment 1480 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d b (new)
Article 84 – paragraph 3 – subparagraph 1 – point d b (new)
(db) centralizing data on reported cases of fraud, corruption, conflict of interests and other serious irregularities, as well as, when possible, on their follow-up by the competent administrative, law enforcement or judicial authorities;
Amendment 1481 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d c (new)
Article 84 – paragraph 3 – subparagraph 1 – point d c (new)
(dc) ensuring, in cooperation with law enforcement bodies, specialized training of contracting authorities and officials of the internal control bodies on detection of fraud, corruption, conflict of interests and other serious irregularities,
Amendment 1482 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d d (new)
Article 84 – paragraph 3 – subparagraph 1 – point d d (new)
(dd) ensuring publication of regularly updated lists of economic operators excluded from participation in a public contract on the grounds stipulated in Article 55 (1), (2) and (3);
Amendment 1496 #
Proposal for a directive
Article 84 – paragraph 6 – point a
Article 84 – paragraph 6 – point a
(a) 1 0800 000 EUR in the case of public supply contracts or public service contracts;
Amendment 1498 #
Proposal for a directive
Article 84 – paragraph 6 – point b
Article 84 – paragraph 6 – point b
(b) 105 000 000 EUR in the case of public works contracts.
Amendment 1501 #
Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1
Article 84 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused only wheren their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Decisions to deny access to certain parts of the public contracts on these grounds should be duly motivated and published.
Amendment 1543 #
Proposal for a directive
Article 86 a (new)
Article 86 a (new)
Article 86 a Redress and sanctions Member States shall put in place mechanisms for effective and timely redress, and effective, dissuasive and proportionate sanctions in case of fraud, corruption, conflict of interests or other serious irregularities. Redress and sanctions applied in these cases shall include annulment of the respective public contracts and liability for damages.