Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ECON | LANGEN Werner ( PPE) | |
Former Responsible Committee | ECON | LANGEN Werner ( PPE) | |
Former Committee Opinion | JURI | ||
Former Committee Opinion | RELA | MIRANDA DE LAGE Ana ( PES) | |
Former Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 057-p2, EC before Amsterdam E 066, EC before Amsterdam E 100A
Legal Basis:
EC before Amsterdam E 057-p2, EC before Amsterdam E 066, EC before Amsterdam E 100ASubjects
Events
Commissioner Monti explained why he could not agree with Parliament’s position in all the cases where the amendments tabled diverged from the common position. This was because these amendments would either call into question the structure and logical basis of the Community arrangements or would be too mutually contradictory. However, he was prepared to accept Amendment No 3 relating to the inclusion of the German Ministry of Transport in the list of central procurement agencies. In principle he was also favourable to Amendment No 2 which, in the form of a recital, aimed to promote access by SMEs to public contracts by providing them with appropriate training and information materials. As regards the ‘technical dialogue’, the Commissioner rejected the two amendments (Nos 1 and 4) as these tackled this issue in an inconsistent manner. He considered that the common position adopted an intermediate solution in between the irreconcilable texts of the two proposed amendments and specifically allowed a certain amount of consistency to be maintained between the texts of the four directives on the sectors in question.
The rapporteur, Mr Langen (EPP, A), said that the 11 amendments tabled by the Committee on Economic and Monetary Affairs were aimed at preventing distortion of competition. Commissioner Monti declared that the Commission could accept Amendments Nos 2, 7, 10 and 11 to 13. However, the Commission would reject Amendments Nos 1, 3, 5 and 8, mainly because these concerned the field of application of the GATT in respect of public tendering procedures, while the amended Community directives only involved intra-Community relationships. Mr Monti also declared that he was opposed to Amendments Nos 4, 6, 9, 16, 17 and 18, which related to technical dialogue, since the latter could only be admitted under the strictest of conditions, in order to avoid any restriction to competition. Finally, as regards Amendments Nos 14 and 15 relating to deadlines for payment, these went beyond the intended purpose of the Directives in that they concerned the terms and conditions for implementing the public tendering procedures.
The Opinion took account of the experience of local and regional authorities, proposing examination of the effects of the directive. It suggested simplifying rules, reducing the number of regulations where possible, and providing information and advice on the implementation of these provisions for the authorities and service providers. The Committee of the Regions should be involved in assessing the directive’s impact in the individual Member States in order to ensure that the consequences at local and regional level were also taken into account. It was important to investigate specifically both the conditions under which and the manner in which public/private sector cooperation could take place under the directive and the increase in threshold values with a view to balancing out costs and benefits for both firms and public authorities. The Opinion concluded that the extent to which the unrestricted application of the directive might conflict with investment designed to generate employment should be examined. The scope for introducing back-up, supportive and stimulative measures to promote employment should be carefully considered.
The ESC commented only on the proposed changes to the existing Directives, deliberately avoiding any analysis of the Directives themselves. It was aware that the Directives were shortly to be the subject of a four-year review and it would give its Opinion then in the light of lessons learned from the application of the Directives and on the basis of prior consultation. The reviews should take into due consideration the social aspects involved in the application of these Directives. The ESC wanted to take this opportunity to stress the importance to the functioning of the single market of the urgent transposition into national law in all Member States of the Public Procurement Directives.
Documents
- Final act published in Official Journal: Directive 1997/52
- Final act published in Official Journal: OJ L 328 28.11.1997, p. 0001
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1997)0289
- Text adopted by Parliament, 2nd reading: OJ C 167 02.06.1997, p. 0044-0052
- Text adopted by Parliament, 2nd reading: T4-0226/1997
- Decision by Parliament, 2nd reading: T4-0226/1997
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0158/1997
- Committee recommendation tabled for plenary, 2nd reading: OJ C 167 02.06.1997, p. 0003
- Committee recommendation tabled for plenary, 2nd reading: A4-0158/1997
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1997)0037
- Council position: 11542/2/1996
- Council position: OJ C 111 09.04.1997, p. 0001
- Council position published: 11542/2/1996
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: COM(1996)0623
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1996)0623
- Text adopted by Parliament, 1st reading/single reading: OJ C 078 18.03.1996, p. 0011-0018
- Text adopted by Parliament, 1st reading/single reading: T4-0100/1996
- Decision by Parliament, 1st reading: T4-0100/1996
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A4-0014/1996
- Committee report tabled for plenary, 1st reading/single reading: OJ C 047 19.02.1996, p. 0005
- Committee report tabled for plenary, 1st reading: A4-0014/1996
- Debate in Council: 1886
- Committee of the Regions: opinion: CDR0370/1995
- Committee of the Regions: opinion: OJ C 126 29.04.1996, p. 0008
- Economic and Social Committee: opinion, report: CES0796/1995
- Economic and Social Committee: opinion, report: OJ C 256 02.10.1995, p. 0004
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(1995)0107
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1995)0107
- Legislative proposal: EUR-Lex COM(1995)0107
- Economic and Social Committee: opinion, report: CES0796/1995 OJ C 256 02.10.1995, p. 0004
- Committee of the Regions: opinion: CDR0370/1995 OJ C 126 29.04.1996, p. 0008
- Committee report tabled for plenary, 1st reading/single reading: A4-0014/1996 OJ C 047 19.02.1996, p. 0005
- Text adopted by Parliament, 1st reading/single reading: OJ C 078 18.03.1996, p. 0011-0018 T4-0100/1996
- Modified legislative proposal: EUR-Lex COM(1996)0623
- Council position: 11542/2/1996 OJ C 111 09.04.1997, p. 0001
- Commission communication on Council's position: EUR-Lex SEC(1997)0037
- Committee recommendation tabled for plenary, 2nd reading: A4-0158/1997 OJ C 167 02.06.1997, p. 0003
- Text adopted by Parliament, 2nd reading: OJ C 167 02.06.1997, p. 0044-0052 T4-0226/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1997)0289
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