10 Amendments of Emma McCLARKIN related to 2011/0438(COD)
Amendment 30 #
Proposal for a directive
Recital 11
Recital 11
(11) OtherCertain categories of services continue by their very nature to have a limited cross- border dimension, namelyfor example 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 51 000 000. 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.
Amendment 31 #
Proposal for a directive
Recital 13
Recital 13
(13) Being addressed to Member States, this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to what extent this directive should be applied to procurement governed by specific international rules. The European Institutions should, in particular, take into account the changes effected by this Directive and adjust their own procurement rules accordingly to reflect these changes.
Amendment 32 #
Proposal for a directive
Recital 15
Recital 15
(15) There is a widContracting authoritiesp read need forquire additional flexibility and in particular for wider access to ato choose procurement procedures which providinge for negotiations, as is explicitly foreseen in the Agreement, where. The Union rules on public procurement should align to the Government Procurement Agreement, which allows for 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 negotiA greater use of these procedures is also likely to increase cross- border trade, as the evaluation has provided for in this Directive, in various situations where open or restricshown that contracts awarded by negotiated 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 negotia prior publication have a particularly high success rate in attracting cross-border tenders. Member States should be able to provide for the use of the competetive procedure with negotiation or the competetive dialogue in various situations where the classic open or restricted procedures with prior publication have a particularly high success rate of cross- border tenderout negotiations are unlikely to deliver satisfactory outcomes.
Amendment 33 #
Proposal for a directive
Recital 28
Recital 28
Amendment 39 #
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision ofthe monetisation of the life cycle of the works, services, or a specific process for any other stage of the life cycle of a product or servicesupply and accordingly to social and environmental sustainability, provided that theyse characteristics are 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, characteThe technical specifications and award criteria should be interpreted broadly. Contracting authoristices 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 favourmay also use the technical specifications and award criteria to minimise damaging of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteor environmental effects or maximise positive social or environmental effects. As part of the award criteria, contracting authoristices should in any event remain limited to characteristics that have immediate conseqube able to consider the existences on staff members in their working environment. They should be applied f an embedded life-cycle approach aiming accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workerst minimising cost and maximising resource efficiency and which should be applied in the framework of the provision of works, services andor supplies in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries which are parties to the WTO's Government Procurement Agreement, or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, coperators from other third countries with whom the Union is party to a Free Trade Agreement. Contracting authorities should also be allowed to use as antechnical specifications and award criteriona the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality and social sustainability of contract performance and, as a result, the economic value of theidentification of the tender which offers the best value for money. Contracting authorities should include these considerations in the award criterion of the most economically advantageous tender.
Amendment 41 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 49 #
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, 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’;'
Amendment 57 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner. Only violations where the judgement has been administered by a judicial or public authority in the Union or as a signatory to the WTO GPA agreement can be used to exclude bids under this article
Amendment 82 #
Proposal for a directive
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Member States shall ensure that the application of public procurement rules is monitored including the implementation of projects co-financed by the Union with a view to detecting threats to the finacial interests of the Union. This monitoring shall be used to prevent, detect and adequately report possible instances of procurement fraud, corruption, conflict of interest and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.
Amendment 83 #
Proposal for a directive
Article 86 – paragraph 2 – point c – point ii
Article 86 – paragraph 2 – point c – point ii