BETA

12 Amendments of Sergio Gaetano COFFERATI related to 2012/0060(COD)

Amendment 27 #
Proposal for a regulation
Recital 9 a (new)
(9a) Public contract should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour, and that do not respect obligations established by Union legislation in the field of social, labour and environmental law or by international social, labour and environmental law provisions, in accordance with public procurements directives.
2013/07/11
Committee: IMCO
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. This Regulation does not affect the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how this services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to. Equally, this Regulation does not affect the decision of public authorities whether, how and to what extent they want to perform public functions themselves pursuant to Protocol N. 26 on Services of General Interest and Article 14 TFEU. This shall also apply to European Union's policies towards third countries.
2013/07/11
Committee: IMCO
Amendment 67 #
Proposal for a regulation
Article 6 – title
Empowerment of contracting authorities/entities to excludexclusion of tenders comprising non- covered goods and services
2013/07/11
Committee: IMCO
Amendment 70 #
Proposal for a regulation
Article 6 – paragraph 1
1. Upon request of cContracting authorities/entities the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusionmay exclude from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditions.
2013/07/11
Committee: IMCO
Amendment 71 #
Proposal for a regulation
Article 6 – paragraph 1 – point a (new)
(a) For contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the Commission shall assess whether to approve the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non-covered goods or services exceeds 50% of the total value of the goods or services constituting the tender, under the following conditions.
2013/07/11
Committee: IMCO
Amendment 72 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that economic operators performing a public contract comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive, included ILO 94.
2013/07/11
Committee: IMCO
Amendment 88 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) where it can demonstrate by any appropriate means violations of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives included ILO 94.
2013/07/11
Committee: IMCO
Amendment 91 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
(b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.
2013/07/11
Committee: IMCO
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
(ba) When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights, in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94, the Commission shall examine the following: (i) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94; (ii) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
2013/07/11
Committee: IMCO
Amendment 109 #
Proposal for a regulation
Article 7 – paragraph 1
Where the contracting authority/entity intends, under Article 69 of the1. Contracting authority/entity, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services. 2. The explanations referred to in paragraph 1 may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with obligations referred to in Article 6. 1 (a) new. (da) compliance with obligations referred to in Article 71 of Directive on public procurement or under Article 7981 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, a. (e) the possibility of the tenderer obtaining State aid. After verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. 3. The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 2. Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in Article 6. 1 (a) new. 4. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender may be rejected on that ground alone only after consultation with the tenderer where the latter 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. 5. Upon request, Member States shall make available to other Member States by way of administrative cooperation any information at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards, relating to the evidence and documents produced in relation to details listed in paragraph 2.
2013/07/11
Committee: IMCO
Amendment 124 #
Proposal for a regulation
Article 20 – title
Repealslationships with Directive 2004/17/EC
2013/07/11
Committee: IMCO
Amendment 127 #
Proposal for a regulation
Article 20 – paragraph 1
Articles 58 and 59 of Directive 2004/17/EC shall be repealed with effect from the entry into force of this RegulaIf any provision of this Regulation overlaps [Articles 58 and 59 of Directive 2004/17/EC] as regards the award of a given contract, the provision of this Regulation shall prevail and shall apply to the contract in question.
2013/07/11
Committee: IMCO