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EXPLANATORY STATEMENT
Public procurement represents a key strategic tool to support the EU’s economic competitiveness and reinforce its role in global trade. In an increasingly challenging geopolitical and economic environment, ensuring fair and reciprocal access to procurement markets is vital to strengthen the EU’s resilience and reduce vulnerabilities.
Despite the EU’s efforts, notably through the adoption of the International Procurement Instrument, European companies still face substantial barriers in third-country markets. This opinion underscores the importance of enforcing existing tools and calls for a more ambitious approach to international negotiations. In particular, bilateral trade agreements must include comprehensive public procurement chapters, and efforts should be intensified at the WTO level to extend the reach of the Government Procurement Agreement (GPA), especially to major global players.
The EU’s internal procurement rules must also evolve. The opinion calls for maintaining technology neutrality, especially in green procurement, and preserve environmental, social and labour requirements, in accordance with EU law, to avoid distorting competition and undermining innovation. Simplifying procurement procedures, updating thresholds, and reducing red tape are essential to make EU procurement more accessible, particularly for SMEs. The creation of digital databases for pre-qualified SMEs and the division of large contracts into smaller lots are practical steps to ensure more inclusive and fair access.
Lastly, the opinion recognises the need to strike a balance between openness and strategic autonomy. The EU must remain open to fair and rule-abiding foreign bidders, while also protecting its interests against unfair practices. By strengthening our procurement framework both internally and externally, the EU can support innovation, competitiveness, and the effective use of public funds, while shaping global standards in line with its values.
AMENDMENTS
The Committee on Employment and SocialInternational AffairsTrade submits the following to the Committee on the Internal Market and Consumer Protection, as the committee responsible:
Amendment 1
Motion for a resolution
Citation 85 a (new)
Motion for a resolution
Amendment
– having regard to the Commission notice of 18 June 2021 entitled ‘Buying Social – A guide to taking account of social considerations in public procurement – Second edition1a,
– having regard to Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/28591a,
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1a OJ C 237, 18.6.2021, p. 1.
1a OJ L, 2024/1760, 5.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1760/oj.
Or. en
Amendment 2
Motion for a resolution
Citation 85 b (new)
Motion for a resolution
Amendment
– having regard to Directive (EU) 2022/2041 of the European PillarParliament and of Socialthe RightsCouncil Actionof Plan,19 publishedOctober by2022 theon Commissionadequate minimum wages in Marchthe 2021,European Union1a,
Or. en
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1a OJ L 275, 25.10.2022, p. 33–47, ELI: http://data.europa.eu/eli/dir/2022/2041/oj.
Amendment 3
Motion for a resolution
Citation 105 ac (new)
Motion for a resolution
Amendment
– having regard to the opinion of European Economic and Social Committee of 17 September 2020 entitled ‘Public procurement as a tool to create value and dignity in work in cleaning and facility services’1a, its opinion of 9 June 2021 entitled ‘Towards circular public procurement’1b and its opinion of 23 October 2024 entitled ‘The potential of Public Procurement for Social Economy enterprises’1c,
– having regard to the revision of 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 services1a,
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1a OJ CL 429,18, 11.12.2020,21.1.1997, p. 30.1, ELI: http://data.europa.eu/eli/dir/1996/71/oj.
1b OJ C 341, 24.8.2021, p. 16.
1c OJ C, C/2025/100, 10.1.2025, ELI: http://data.europa.eu/eli/C/2025/100/oj.
Or. en
Amendment 4
Motion for a resolution
Citation 1114 a (new)
Motion for a resolution
Amendment
– having regard to the European Parliament study of 24 October 2023 entitled ‘The social impact of public procurement – Can the EU do more?1a
– having regard to Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI)1a,
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1a Caimi, V., Sansonetti, S., ‘The Social Impact of Public Procurement – Can the EU do more?’ Publication for the Committee on Employment and Social Affairs, October 2023.
1a OJ L 173, 30.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/1031/oj.
Or. en
Amendment 5
Motion for a resolution
Citation 1118 ba (new)
Motion for a resolution
Amendment
– having regard to the report by the European Labour Authority of May 2024 entitled ‘Evaluating policy responses to prevent undeclared work in public procurement contracts’,
– having regard to Directive (EU) 2021/2101 of the European Parliament and of the Council of 24 November 2021 amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches,
Or. en
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OJ L 429, 1.12.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/2101/oj.
Amendment 6
Motion for a resolution
Citation 1118 cb (new)
Motion for a resolution
Amendment
– having regard to the La Hulpe Declaration on the Future of the European PillarWorld ofTrade SocialOrganization’s RightsAgreement ofon 16Government AprilProcurement 2024,2012,
Or. en
Amendment 7
Motion for a resolution
Citation 14 a (new)
Recital A
Motion for a resolution
Amendment
– having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions1a,
A. whereas public procurement represents approximately 14 % of the EU’s gross domestic product and serves as an important instrument for economic growth, innovation and social cohesion;
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A. whereas public procurement represents approximately 14 % of the EU’s gross domestic product, serves as an important instrument for economic growth, innovation, social cohesion and international trade and should support the transition towards resilient and sustainable supply chains and business models;
1a OJ C 445, 29.10.2021, p. 75.
Or. en
Amendment 8
Motion for a resolution
Citation 14 b (new)
Recital A a (new)
Motion for a resolution
Amendment
– having regard to its resolution of 13 March 2025 on the social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights1a,
Aa. whereas the Clean Industrial Deal identifies public procurement as a powerful instrument to help overcome barriers to market entry and to support sustainable and resilient industrial ecosystems, jobs and value creation in the EU;
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1a Texts adopted, P10_TA(2025)0039.
Or. en
Amendment 9
Motion for a resolution
Recital B a (new)
Motion for a resolution
Amendment
Ba. whereas, when it comes to accessing public procurement, issues faced by small and medium-sized enterprises (SMEs) are similar to those faced by social economy enterprises and micro enterprises, and therefore relevant responses to SMEs’ issues would also benefit the latter; whereas this is important to take into account as social economy enterprises are a key driver of the social economy; whereas the Commission has reiterated its aim to create a level playing field in which social economy enterprises can compete effectively and fairly, without regulatory discrimination and taking into account their particular needs, and has presented the Social Economy Action Plan;
B. whereas the 2014 reform aimed to simplify procedures, enhance the participation of small and medium-sized enterprises (SMEs) and integrate strategic procurement objectives, yet challenges remain in efficiency, access to data and streamlining enforcement;
Or. en
B. whereas the 2014 reform aimed to simplify procedures, enhance transparency and the fight against corruption, promote the participation of small and medium-sized enterprises (SMEs) and integrate strategic procurement objectives, yet challenges remain in transparency, efficiency, broader use and alignment of non-price criteria, access to data and streamlining enforcement;
Amendment 10
Motion for a resolution
Recital KB a (new)
Motion for a resolution
Amendment
Ka. whereas the La Hulpe Declaration calls for sustainable public procurement, including the promotion of collective bargaining and therefore for evaluating the directives on public procurement and, if needed, for taking further steps;
Ba. whereas the 2014 reform introduced the Most Economically Advantageous Tender (MEAT) criteria to incentivise the use of qualitative criteria such as environmental and social considerations in awarding public contracts; whereas the ECA report demonstrated that 80 % of contracts are still awarded on the basis of the lowest-price criterion only;
Or. en
Amendment 11
Motion for a resolution
Recital K b (new)
Recital F
Motion for a resolution
Amendment
Kb. whereas the European Parliament has urged the Commission, in the context of the forthcoming revision of Directive 2014/24/EU on public procurement (the Directive) to further promote collective bargaining, the use of the social clause, and preferential treatment for companies whose workers are covered by collective agreements; whereas it underlined that contracting authorities must exclude from public tenders economic operators that have engaged in criminal activities; whereas it maintained that public procurement should strategically strengthen corporate social responsibility;
F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;
Or. en
F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries; whereas, in addition to protectionist policies, fair competition is often distorted by product subsidisation on the part of governments of third countries;
Amendment 12
Motion for a resolution
Recital KF ca (new)
Motion for a resolution
Amendment
Kc. whereas the Court of Justice of the European Union (CJEU) in its judgment in Case C-395/181a, establishes that the requirements in Article 18(2) of the Directive that economic operators must comply, in the performance of public contracts, with obligations relating to environmental, social and labour law, constitute a binding principle, such as the other principles referred to in paragraph 1 of that article, namely equal treatment, non-discrimination, transparency and proportionality;
Fa. whereas the EU has opened its public procurement markets for many goods and services to competition from third countries, making the EU public procurement market one of the most open in the world; whereas, at the same time, the EU has recently added the International Procurement Instrument to its trade defence toolbox to promote reciprocity in access to international public procurement markets and to ensure a level playing field for EU companies and products; whereas environmental, social, labour and due diligence requirements would apply to economic operators of third countries in accordance with Directives 2014/23/EU1a, 2014/24/EU and 2014/25/EU, Directive (EU) 2024/17601b and other EU legislation;
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1a Judgment of 30 January 2020, Tim SpA — Direzione e coordinamento Vivendi SA v Consip SpA, C-395/18, ECLI:EU:C:2020:58.
1a Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts, OJ L 94, 28.3.2014, p. 1, ELI: http://data.europa.eu/eli/dir/2014/23/oj.
Or. en
1b Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859, OJ L, 2024/1760, 5.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1760/oj.
Amendment 13
Motion for a resolution
Recital KF db (new)
Motion for a resolution
Amendment
Kd. whereas for end users of social health and care services, continuity of care based on personal relationships with workers is key; whereas the inclusion of social and health services under the light regime of the Public Procurement Directive has had detrimental effects on the continuity and quality of care provided;
Fb. whereas the WTO Agreement on Government Procurement has not yet been signed by all WTO members and its latest version does not include, among other things, the global labour and environmental standards adopted since its conclusion, as well as an updated inflation adjustment mechanism;
Or. en
Amendment 14
Motion for a resolution
Recital KF ec (new)
Motion for a resolution
Amendment
Ke. whereas the most underdeveloped area in socially responsible public procurement (‘SRPP’) is the use of public procurement to address gender inequalities and promote gender mainstreaming; whereas some contracting authorities at regional or local level have systems in place to monitor contracts and collect statistics that are relevant for SRPP and gender-responsive public procurement, but these are not available or harmonised at national level;
Fc. whereas EU companies are still facing substantial challenges in accessing public procurement markets in third countries, including discriminatory measures and a lack of reciprocity and of legal certainty;
Or. en
Amendment 15
Motion for a resolution
Recital KF fd (new)
Motion for a resolution
Amendment
Kf. whereas a recent study commissioned by Parliament concludes that the four main difficulties with SRPP implementation are lack of clear guidance about incorrect implementation, difficulties in calculating social effects and life-cycle costing, difficulties in linking social considerations to the subject matter of a contract, and the absence of a generally accepted definition of SRPP;
Fd. whereas public procurement provisions in bilateral trade agreements help create a level playing field by opening new procurement markets for EU companies and facilitating foreign companies’ access to the EU procurement market, and strive to ensure fair production conditions by integrating the new approach to trade and sustainable development;
Or. en
Amendment 16
Motion for a resolution
Recital K g (new)G
Motion for a resolution
Amendment
Kg. whereas recently adopted legislative instruments in the area of social policy, such as Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union1a and Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms1b, include provisions on cross-referencing public procurement legislation aiming, respectively, at strengthening the enforcement of the social clause or adding new exclusion grounds; whereas, as regards the posting of workers, the CJEU judgment in the RegioPost case1c has confirmed that contracting authorities may set a higher level of wages than the general standard as a performance condition for a contract, in order to allow posted workers to receive a living wage;
G. whereas an increase in geopolitical tensions leads to a reshuffle in international trade and new economic dynamics and poses risks to the stability of supply chains;
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G. whereas an increase in geopolitical tensions leads to a reshuffle in international trade and new economic dynamics and poses risks to the stability of supply chains; whereas undue reliance on foreign direct investments from non-democratic countries such as China poses a direct threat to the EU’s economic security;
1a OJ L 275, 25.10.2022, p. 33, ELI: http://data.europa.eu/eli/dir/2022/2041/oj.
1b OJ L 132, 17.5.2023, p. 21, ELI: http://data.europa.eu/eli/dir/2023/970/oj.
1c Judgment of 17 November 2015, RegioPost GmbH & Co. KG v Stadt Landau in der Pfalz, C-115/14,ECLI:EU:C:2015:760.
Or. en
Amendment 17
Motion for a resolution
Paragraph 1
Recital H
Motion for a resolution
Amendment
1. Stresses that European public procurement should remain an essential pillar of the properly functioning internal market and broader economy, and that targeted reform is needed to unlock its true potential; cautions, however, that the increasing tendency to use public procurement as a vehicle for multiple, often conflicting policy objectives risks adding complexity, bureaucracy and procedural burdens, rather than delivering tangible market impact;
H. whereas public procurement policies should prioritise economic feasibility over other objectives, ensuring that green products and services offered in tenders are competitive without undue reliance on government subsidies and preventing undue costs and the inefficient spending of taxpayers’ resources;
1. Stresses that European public procurement remains an essential pillar of the properly functioning internal market and broader economy, and is an essential lever to achieve environmental, climate and social objectives; underlines that an ambitious reform is needed to unlock its true potential; regrets that the use of strategic public procurement has remained limited due to the lack of legal certainty provided for contracting authorities and their consequent fear of litigation and tendency to continue awarding contracts based on the lowest bid, as pointed out in the ECA Special Report;
H. whereas public procurement policies should promote European competitiveness and innovation, contributing to the creation of lead markets for clean European technologies, and foster international trade;
Or. en
Amendment 18
Motion for a resolution
Paragraph 2
Recital I a (new)
Motion for a resolution
Amendment
2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy, simplification and boosting European competitiveness; advises against measures that could compromise any of these principles;
Ia. whereas rather than adopting a ‘European only’ stance, the EU should focus on the best possible quality supply, while taking into account a wide range of conditions, including price, safety, quality, sustainability, resilience and labour conditions, and on the promotion of partnerships with its democratic allies;
2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives in order to ensure an economic shift towards innovation and sustainability, in particular regarding high social standards as enshrined in the European Social Charter and the European Pillar of Social Rights, with the overall objective of boosting competitiveness, supporting EU industry and securing strategic autonomy, while aiming at simplification of the overall legislative framework by reducing the complexity of the rules and bureaucracy for both contracting authorities and tenderers, in particular SMEs;
Or. en
Amendment 19
Motion for a resolution
Paragraph 3
Recital J
Motion for a resolution
Amendment
3. Recognises that, in order to make public procurement more accessible, particularly for SMEs, updated versions of directives must aim at substantially reducing the current 476 articles or 907 pages of law and must continue to be strictly procedural in character, specifying how rather than what to buy;
J. whereas despite efforts to promote the participation of SMEs in public procurement, their involvement remains limited because of large contract sizes, excessive administrative requirements and a lack of tailored support mechanisms that would enable them to compete effectively with larger entities;
3. Recognises that public procurement should be more accessible for SMEs and in particular for social economy enterprises; highlights that along with specific rules to achieve this, the revision of the public procurement rules should address the complexity of the current rules and ensure legal certainty for contracting authorities and bidders; stresses that clear and binding rules on social criteria can help contracting authorities in this regard;
J. whereas despite efforts to promote the participation of SMEs in public procurement, their involvement remains limited because of large contract sizes, a lack of transparency, disproportionate administrative requirements and a lack of tailored support mechanisms that would enable them to compete effectively with larger entities;
Or. en
Amendment 20
Motion for a resolution
Paragraph 51
Motion for a resolution
Amendment
5. Recognises, in this context, that while public procurement can support strategic industries essential to the security of industrial output and economic stability, it must not be misused to artificially sustain failed policies, such as the Green Deal, or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;
1. Stresses that European public procurement should remain an essential pillar of the properly functioning internal market and broader economy, and that targeted reform is needed to unlock its true potential; cautions, however, that the increasing tendency to use public procurement as a vehicle for multiple, often conflicting policy objectives risks adding complexity, bureaucracy and procedural burdens, rather than delivering tangible market impact;
5. Firmly believes that public procurement can support strategic industries in Europe essential to the resilience and competitiveness of the EU, while fostering job creation and a just transition towards a circular and climate-neutral economy;
1. Stresses that European public procurement should remain an essential pillar of the properly functioning internal market and broader economy, and that targeted reform is needed to unlock its true potential; highlights the fact that public procurement is instrumental in total EU gross domestic product and in enhancing the productivity, resilience and sustainability of the EU economy and ensuring the security of supply; cautions, however, that the increasing tendency to use public procurement as a vehicle for multiple, often conflicting policy objectives risks adding complexity, bureaucracy and procedural burdens, rather than delivering tangible market impact; notes that its strategic use has remained limited so far, owing to the general trend of only using the lowest-price criterion in the award of contracts, and to the lack of legal certainty and risk of litigation;
Or. en
Amendment 21
Motion for a resolution
Paragraph 6
Paragraph 1 a (new)
Motion for a resolution
Amendment
6. Opposes the preferential treatment given to green technologies in public procurement; stresses that if a technology cannot sustain itself in the market without subsidies, it is a clear indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;
1a. Welcomes recent legislative developments and communications, including the Net Zero Industry Act1a and the Commission communication on the Clean Industrial Deal, which seek to promote sustainability and competitiveness and enhance the EU’s economic resilience; stresses that the revision of the EU’s legal framework for public procurement should present an opportunity to adopt a unified and coherent approach;
6. Calls on the Commission to set clear and simple rules to support the preferential treatment given to socially responsible and otherwise sustainable public procurement; highlights that such rules are essential to support the innovation efforts of the industry and the private sector by boosting demand while safeguarding fair competition; believes that this support should also be used to promote European industrial competitiveness and the creation of quality jobs in the EU and to promote collective bargaining and compliance with EU and national labour rights and laws, including decent working conditions;
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Or. en
1a Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724, OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj.
Amendment 22
Motion for a resolution
Paragraph 112
Motion for a resolution
Amendment
11. Highlights that public contracts continue to be awarded primarily based on the lowest price criterion, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, which leads to suboptimal long-term outcomes misaligned with citizens’ interests;
2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy, simplification and boosting European competitiveness; advises against measures that could compromise any of these principles;
11. Highlights that public contracts continue to be awarded primarily based on the lowest price criterion, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, or environmental and social considerations, which leads to suboptimal long-term outcomes misaligned with citizens’ interests, downward pressure on labour costs, collective bargaining, and subsequently also on working conditions and wages for workers under public contracts; is worried that this situation is detrimental overall to the development of the internal market and to underpinning a competitive and fair social market economy;
2. Calls, therefore, on the Commission to fully align the public procurement reform with its objectives aimed at supporting the EU’s strategic autonomy and creating competitive and sustainable lead markets for clean technologies and products in Europe, as well as at reducing bureaucracy, ensuring simplification, strengthening strategic public procurement and boosting European competitiveness and international trade; advises against measures that could compromise any of these principles;
Or. en
Amendment 23
Motion for a resolution
Paragraph 133
Motion for a resolution
Amendment
13. Advocates a clearer distinction between contracting authorities and public undertakings, recognising that the latter often engage in business-driven projects;
3. Recognises that, in order to make public procurement more accessible, particularly for SMEs, updated versions of directives must aim at substantially reducing the current 476 articles or 907 pages of law and must continue to be strictly procedural in character, specifying how rather than what to buy;
13. Recognises the need for a clear distinction between contracting authorities and public undertakings; underlines that the freedom and autonomy of public authorities must always be safeguarded and respected; stresses that direct provision of services by public or local authorities, in-house provision of services and public-public partnerships are and must remain available options and not be put under pressure;
3. Recognises that, in order to make public procurement more accessible, particularly for SMEs, updated versions of directives must aim at substantially reducing the current 476 articles or 907 pages of law;
Or. en
Amendment 24
Motion for a resolution
Paragraph 154
Motion for a resolution
Amendment
15. Recommends a particular focus on automating certain processes, such as through moving to a transaction-based from an outdated notification-based system, reducing the amount of e-forms and integrating the European single procurement document and eCertis into broader administrative and business systems, especially considering the potential offered by disruptive technologies such as artificial intelligence;
4. Reiterates that taxpayers’ money should be spent with utmost prudence and transparency; believes, therefore, that three guiding principles – value for money, competition and anti-corruption measures – remain valid in the context of the upcoming reform;
15. Recommends a particular focus on automating certain processes, such as through moving to a transaction-based from an outdated notification-based system, reducing the amount of e-forms and integrating the European single procurement document and eCertis into broader administrative and business systems, especially considering the potential offered by disruptive technologies such as artificial intelligence; calls on the Commission to turn Tenders Electronic Daily into a tool that can be used to monitor and report on strategic procurement with common indicators across Member States;
4. Reiterates that taxpayers’ money should be spent with utmost prudence and transparency; believes, therefore, that the guiding principles, such as value for money, competition and anti-corruption measures and the respect for international labour and environmental standards, remain valid in the context of the upcoming reform; recalls, in this regard, that bidders need to comply with EU commitments on country-by-country reporting, as required by Directive (EU) 2021/21011a;
Or. en
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1aDirective (EU) 2021/2101 of the European Parliament and of the Council of 24 November 2021 amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches, OJ L 429, 1.12.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/2101/oj.
Amendment 25
Motion for a resolution
Subheading 4 a (new) (after paragraph 17)
Paragraph 5
Motion for a resolution
Amendment
Strengthening the social dimension of European public procurement
5. Recognises, in this context, that while public procurement can support strategic industries essential to the security of industrial output and economic stability, it must not be misused to artificially sustain failed policies, such as the Green Deal, or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;
Or. en
5. Recognises, in this context, that while public procurement can support strategic industries essential to the security of industrial output and economic stability, it must not be misused for protectionism or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives, but rather create competitive and sustainable lead markets for clean technologies and foster international trade;
Amendment 26
Motion for a resolution
Paragraph 17 a (new)
Paragraph 6
Motion for a resolution
Amendment
17a. Welcomes the acknowledgment of the Commission in its communication on the Clean Industrial Deal that the use of social conditionalities in public funding ensures that workers benefit from the support provided to industry, including in promoting collective bargaining; welcomes the Commission’s intention to support labour and social standards to ensure that the transition is fair and equitable for all in the context of the revision of the legislative framework on public procurement;
6. Opposes the preferential treatment given to green technologies in public procurement; stresses that if a technology cannot sustain itself in the market without subsidies, it is a clear indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;
Or. en
6. Opposes the obligatory preferential treatment given to green technologies in public procurement; insists that public procurement must remain technology neutral and competition-driven and preserve environmental, social and labour requirements in accordance with EU law; stresses that if a technology cannot sustain itself in the market without subsidies it is a clear indication that it may not be commercially viable; recognises, however, the problem of unfair practices and market-distorting government subsidies, resulting in overcapacity and dumping prices from third countries; notes that some emerging technologies may need support in the early stages of their adoption;
Amendment 27
Motion for a resolution
Paragraph 176 ba (new)
Motion for a resolution
Amendment
17b. Highlights that the Letta report called for public procurement legislation to ensure that contracts foster the creation of high-quality jobs, characterised by fair wages and conditions underpinned by collective agreements;
6a. Notes that international competition is putting pressure on numerous industrial sectors in the EU through overcapacity and dumping prices;
Or. en
Amendment 28
Motion for a resolution
Paragraph 176 cb (new)
Motion for a resolution
Amendment
17c. Recalls that the mandatory social clause introduced in the previous revision of the public procurement framework was an important step forward; stresses, nevertheless, that it has not been successful enough in achieving an impact; stresses that a lack of legal clarity for contracting authorities resulted in a widespread fear of litigation and a chilling effect regarding the application of social considerations in the different stages of the procurement process; calls on the Commission to clarify, in line with the CJEU judgment in Case C-395/18, that the requirements in Article 18(2) of the Directive relating to environmental, social and labour law constitute a binding principle, as the other principles referred to in Article 18(1) do, namely equal treatment, non-discrimination, transparency and proportionality; calls on the Commission to ensure that the horizontal social clause is applied across all articles in the Public Procurement Directive; calls, therefore, on the Commission to make it a clear obligation for contracting authorities – including in the contract notice – to ensure the full respect of workers and trade union rights, including the right to collective bargaining, as well as to guarantee quality jobs and good working conditions;
6b. Notes the EU’s international commitments limiting its ability to discriminate between EU and non-EU bidders; recalls, however, that multilateral, plurilateral and bilateral frameworks all provide for the possibility of derogating from the non-discrimination principle, under specific conditions, when pursuing a legitimate interest such as the protection of the environment or a fundamental interest of society;
Or. en
Amendment 29
Motion for a resolution
Paragraph 17 d (new)
Paragraph 7
Motion for a resolution
Amendment
17d. Believes that the revision of the directives on Public Procurement should clarify the notion of the ‘link-to-subject matter’ with regard to the use of sustainability and social criteria, and should prescribe a maximum limit on the weight that contracting authorities are allowed to give to criteria that are not linked to the subject matter, such as supporting social objectives or corporate social responsibility policies; calls on the Commission to make clear that the promotion of collective bargaining and fair working conditions should always be considered a relevant requirement that is linked to the subject matter in order to give more legal certainty to contracting authorities and ensure fair competition;
7. Recognises that significant discrepancies remain between Member States in their implementation and enforcement of public procurement rules, discouraging cross-border bids and the participation of smaller business and creating an uneven playing field;
Or. en
7. Recognises that significant discrepancies remain between Member States in their implementation and enforcement of public procurement rules, discouraging cross-border and third-country bids and the participation of smaller business, including social economy enterprises, and creating an uneven playing field;
Amendment 30
Motion for a resolution
Paragraph 17 e (new)
Paragraph 8
Motion for a resolution
Amendment
17e. Believes that the revision of the directives on public procurement should ensure that the mandatory application by economic operators of the terms and conditions of the applicable collective agreements, at national or regional levels, including universally or generally applicable and sectoral collective agreements, is guaranteed, including through the inclusion of these terms and conditions in the contract notice and as obligatory performance conditions and selection criteria for all economic operators, and throughout the subcontracting chain; believes that mandatory rules on applying existing collective agreements would contribute positively to reducing the complexity of the procurement process;
8. Regrets that competition in public procurement has significantly declined over the past decade, as pointed out in the ECA Special Report, resulting in an increased number of tenders with a single bid or no bids;
Or. en
8. Takes note that competition in public procurement has significantly declined over the past decade, as pointed out in the ECA Special Report, resulting in an increased number of tenders with a single bid or no bids;
Amendment 31
Motion for a resolution
Paragraph 17 f (new)
Paragraph 9
Motion for a resolution
Amendment
17f. Considers that the revision should ensure that contracting authorities include award criteria to promote collective bargaining, including giving a significant advantage to employers whose workers and subcontractors’ workers are covered by collective agreements;
9. Notes that procurement procedures have become increasingly complex and burdensome, creating unnecessary administrative hurdles that deter a diverse range of suppliers, including cross-border suppliers, from participating, as well as restricting competition and leading to delays in the delivery of essential public projects; cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;
Or. en
9. Notes that procurement procedures have become increasingly complex, lengthy and burdensome, creating unnecessary administrative hurdles that deter a diverse range of suppliers, including cross-border and third-country suppliers, from participating, as well as restricting competition and leading to delays in the delivery of essential public projects; cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;
Amendment 32
Motion for a resolution
Paragraph 179 ga (new)
Motion for a resolution
Amendment
17g. Highlights that currently, economic operators that promote social inclusion, quality jobs and good working conditions and want to offer high-quality, innovative and creative goods and services by investing in their workforce, are penalised by contracting authorities’ overreliance on the lowest price criterion for awarding contracts given the lack of legal clarity of the current framework and resulting fear of litigation;
9a. Calls for the necessary simplification and acceleration of EU-wide procurement procedures, facilitating the access of third countries’ operators thereto, while preserving regulatory space to react to unforeseen circumstances if needed;
Or. en
Amendment 33
Motion for a resolution
Paragraph 17 h (new)
Paragraph 11
Motion for a resolution
Amendment
17h. Urges the Commission to make the use of the most economically advantageous tender (MEAT) criterion mandatory for the award of contracts and to exclude awards based on price only; emphasises that environmental and social criteria should always be included in this approach to promote sustainability and quality jobs and to encompass societal benefits of public spending;
11. Highlights that public contracts continue to be awarded primarily based on the lowest price criterion, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, which leads to suboptimal long-term outcomes misaligned with citizens’ interests;
Or. en
11. Highlights that public contracts continue to be awarded primarily based on the lowest price criterion, which leads to suboptimal long-term outcomes misaligned with citizens’ interests; supports making the Most Economically Advantageous Tender (MEAT) the standard, as well as promoting additional criteria such as fair trade, collective bargaining and the environmental impact, rather than price alone; emphasises, however, that procurement authorities should not be forced to consider such additional criteria;
Amendment 34
Motion for a resolution
Paragraph 17 i (new)
Paragraph 12
Motion for a resolution
Amendment
17i. Acknowledges that multiple layers of subcontracting dilute accountability, increase risks of labour law violations, put downward pressure on the working conditions of workers down the subcontracting chain and hinders effective enforcement; believes that public procurement rules should promote direct jobs and that companies should have sufficient own staffing to carry out the project to be awarded through public procurement; calls on the Commission, in order to increase transparency and responsibility across the supply chain, to limit subcontracting to a maximum of two levels, to make the disclosure of the details of subcontractors and the share of the contract that the contractor intends to subcontract mandatory, as well as to introduce joint and several liability of the economic operators and subcontractors in cases of breeches of labour law and collective agreements;
12. Notes the ongoing debate on updating public procurement thresholds; stresses, however, that the revision should instead focus on reducing administrative burdens and simplifying procedures, as these remain the root cause of many challenges; stresses that addressing these issues effectively would eliminate the need for a discussion on threshold adjustments;
Or. en
12. Notes the ongoing debate on updating public procurement thresholds; stresses, however, that the revision should primarily focus on reducing administrative burdens and on simplifying, harmonising and accelerating transparent procedures and the professionalisation of public authorities, as these remain the root cause of many challenges; stresses that addressing these issues effectively would eliminate the need for a discussion on threshold adjustments;
Amendment 35
Motion for a resolution
Paragraph 1713 ja (new)
Motion for a resolution
Amendment
17j. Believes that primary contractors and subcontractors, including their subsidiaries, that engage in unfair competition, commit tax fraud or are in breach of their obligations with regard to applicable environmental, labour and social standards should be excluded from public contracts; calls, therefore, on the Commission to abolish the distinction in Article 57 of the Directive between mandatory and facultative exclusion grounds and to clarify what those exclusion grounds for contracting authorities are; calls for the establishment of a black list of economic operators excluded from procurement markets in order to facilitate enforcement and contribute to safeguarding a level playing field in the internal market;
13a. Underlines the fact that the Commission should ensure a coherent approach with regard to the treatment of economic operators from third countries that have not concluded an international agreement with the EU guaranteeing access to public procurement on a reciprocal and equal basis;
Or. en
Amendment 36
Motion for a resolution
Paragraph 17 k (new)
Paragraph 14
Motion for a resolution
Amendment
17k. Calls on the Commission to put forward a clear methodology for assessing the notion of ‘abnormally low price’ in order to provide contracting authorities with more legal certainty when identifying tenders that are likely to fail to respect minimum social and labour standards;
14. Strongly believes that digitalisation should remain a key element in lowering costs and streamlining public procurement for contracting and bidding entities; points out, however, that to fully harness the potential of digital tools, the Commission and the Member States must completely rethink how future procurement legislation should facilitate digitalisation, rather than merely digitalising currently analogue processes;
Or. en
14. Strongly believes that digitalisation should remain a key element in lowering costs and streamlining public procurement for contracting and bidding entities, and in facilitating the participation of third-country entities; notes, in this context, the public procurement tools for suppliers and buyers in the Access2Markets portal; points out, however, that to fully harness the potential of digital tools, the Commission and the Member States must completely rethink how future procurement legislation should facilitate digitalisation, rather than merely digitalising currently analogue processes;
Amendment 37
Motion for a resolution
Paragraph 17 l (new)
Paragraph 18
Motion for a resolution
Amendment
17l. Recognises that thousands of people are employed under contracts reserved for workers with disabilities; insists that this practice should continue; recalls that the objective of such reserved contracts is to give the opportunity for people with disabilities to transition towards employment in the open labour market and calls for the improved implementation of reserved contracts that benefit the integration into the labour market of groups in a disadvantaged situation;
18. Calls for a revision of the EU public procurement framework focused on reducing and simplifying the rules; stresses that the Commission should propose a harmonisation limited to essential aspects where it can deliver the greatest added value, such as digital procurement tools and the standardisation of tender procedures and structures for joint procurement at both national and cross-border level; emphasises that the objective should not be harmonisation for its own sake, but rather the improvement of efficiency and predictability, as well as the reduction of excessive administrative burdens on contracting authorities and bidders, while maintaining sufficient flexibility to ensure the prudent use of taxpayers’ money;
Or. en
18. Calls for a revision of the EU public procurement framework focused on reducing and simplifying the rules, on aligning the framework with the EU’s strategic goals and values and on supporting innovation and competitiveness, also through international trade; stresses that the Commission should propose a harmonisation of processes, and requirements with regard to verification, transparency and reporting – by using, for example, digital procurement tools – and promote the standardisation of tender procedures and structures for joint procurement at both national and cross-border level; emphasises that the objective should not be harmonisation for its own sake, but rather the improvement of efficiency and predictability, as well as the reduction of excessive administrative burdens on contracting authorities and bidders, while maintaining sufficient flexibility to ensure the prudent use of taxpayers’ money;
Amendment 38
Motion for a resolution
Paragraph 17 m (new)
Paragraph 20
Motion for a resolution
Amendment
17m. Considers it essential to ensure that large contracts do not only go to large companies; calls on the Commission to include social economy enterprises and micro enterprises in all initiatives that facilitate access to public contracts for SMEs; believes that the new rules should include mandatory division into lots, and limitations to avoid excessive ‘proof -of- past’ requirements as part of the selection criteria;
20. Supports the introduction of standard contract section templates across the Member States in order to create greater uniformity in tendering procedures and ensure legal clarity for contracting authorities and economic operators;
Or. en
20. Supports the introduction of standard contract section templates across the Member States in order to create greater uniformity in tendering procedures and ensure legal clarity for contracting authorities and economic operators both inside and outside the EU;
Amendment 39
Motion for a resolution
Paragraph 17 n (new)
Paragraph 21
Motion for a resolution
Amendment
17n. Underlines that the inclusion of social and health services under the ‘light regime’ in the application of the EU’s public procurement rules has had a detrimental effect in certain Member States on the quality and continuity of care, and that there have been hardly any cross-border bids, since the provision of these services is very specific to the organisation of the welfare state; calls, therefore, on the Commission to exclude social and health services from the scope of the Directive;
21. Recommends that the Commission fully utilise current tools to prevent unfair competition from non-EU countries;
Or. en
21. Welcomes, in line with relevant EU legislation, such as Directive (EU) 2022/25551a, the Commission’s announcement of the introduction of a European preference in public procurement for critical sectors and technologies where strategic autonomy is essential and where awarding contracts to non-EU companies could undermine European security; recommends that, while recognising the importance of businesses investing in the EU to support the economy, workers’ welfare and local communities, the Commission fully utilise current tools to prevent unfair competition from non-EU countries, such as China, including trade defence tools such as the Foreign Subsidies Regulation1b and the International Procurement Instrument, while remaining open to foreign bidders that respect the rules; supports the development of new tools to adequately protect the EU market against non-market overcapacities;
______________
1a Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive), OJ L 333, 27.12.2022, p. 80, ELI: http://data.europa.eu/eli/dir/2022/2555/oj.
1b Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market, OJ L 330, 23.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2560/oj.
Amendment 40
Motion for a resolution
Paragraph 1721 oa (new)
Motion for a resolution
Amendment
17o. Stresses that the ‘error-free’ culture and the ‘chilling effect’ resulting from competition logic and dynamics inherent to the current regulatory framework do not allow for creativity, innovation or flexibility, which are principles that are key for labour-intensive sectors such as social service and essential service providers; calls on the Commission to clarify price revision clauses in order to allow for innovation and investment in the workforce, for instance through training or adapting pay if a new collective agreement comes into effect during the duration of a contract;
21a. Calls for an ambitious trade agenda, based on a broad network of free trade agreements and clean trade and investment partnerships, which would include, if appropriate, comprehensive procurement chapters, thus de facto aligning relevant standards worldwide;
Or. en
Amendment 41
Motion for a resolution
Paragraph 17 p (new)
Paragraph 22
Motion for a resolution
Amendment
17p. Is of the opinion that reserved contracts for certain services are a good practice that supports the social economy and that contracting authorities should be supported and encouraged to make more use of this available option; believes, however, that it is harmful for people in a vulnerable situation to interrupt a care relationship every three years; calls on the Commission to reconsider the three-year limit and the obligation to not have provided these services within the previous three years under Article 77 of the Directive;
22. Urges the Commission and the Member States to take decisive action against non-EU entities that exploit state subsidies to gain an unfair advantage in procurement processes; recommends the introduction of stronger measures against abnormally low bids put forward by non-EU entities such as mandating independent cost assessments and ensuring that price undercutting does not undermine fair market competition;
Or. en
22. Urges the Commission and the Member States to take decisive action against non-EU entities that exploit state subsidies to gain an unfair advantage in procurement processes; recommends the introduction and thorough enforcement of stronger measures against abnormally low bids put forward by non-EU entities, such as increasing transparency, mandating independent cost assessments and ensuring that price undercutting does not undermine fair market competition;
Amendment 42
Motion for a resolution
Paragraph 1722 qa (new)
Motion for a resolution
Amendment
17q. Considers it of high importance to ensure reinforced enforcement, monitoring and sanctions to guarantee that economic operators fully respect their obligations, including in the field of labour; stresses that procuring authorities should have the necessary resources to fulfil their responsibilities; stresses the importance of ensuring full respect for the conditions defined in International Labour Organization (ILO) Convention No 94 on Labour Clauses (Public Contracts) as part of the horizontal minimum requirements; believes it necessary to ensure that a failure to respect the relevant conditions should lead to dissuasive sanctions, including the termination of the contract and exclusion from the procurement process, as this will strongly contribute to achieving the objectives of promoting quality jobs and collective bargaining;
22a. Calls on the Commission and the Member States to launch the procedure for updating the Agreement on Government Procurement (GPA), in order to integrate other relevant global labour and environmental standards adopted since its conclusion, in particular the inflation adjustment mechanism; consequently, calls for renewed action at the WTO level to extend GPA membership to more countries, especially among the big global players; recognises that under the GPA the EU has opened its market the most for foreign contractors; acknowledges, too, that limitations on the participation in public procurement of countries in the Global South still exist, and that technical assistance is needed;
Or. en
Amendment 43
Motion for a resolution
Paragraph 17 r (new)
Paragraph 24
Motion for a resolution
Amendment
17r. Deplores the fact that the current Public Procurement Directive lacks a gender dimension; calls on the Commission to use the upcoming revision to expand Annex X in order to ensure that ILO Conventions No 100 on Equal Remuneration and No 111 on Discrimination (Employment and Occupation) are included therein, along with the Pay Transparency Directive1a, the Work Life Balance Directive2a and the Women on Boards Directive3a; considers that failing to comply with current legislation should be considered grounds for exclusion;
24. Recommends the implementation of strategic procurement models that prioritise long-term value and resilience over short-term cost reductions, particularly in sectors such as healthcare, energy and security;
______________
24. Recommends the implementation of strategic procurement models that prioritise long-term value and resilience over short-term cost reductions, particularly in sectors such as healthcare, energy, construction, and security and defence;
1a Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132, 17.5.2023, p. 21, ELI: http://data.europa.eu/eli/dir/2023/970/oj).
1b Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79, ELI: http://data.europa.eu/eli/dir/2019/1158/oj).
1c Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures (OJ L 315, 7.12.2022, p. 44, ELI: http://data.europa.eu/eli/dir/2022/2381/oj).
Or. en
Amendment 44
Motion for a resolution
Paragraph 17 s (new)
Paragraph 25
Motion for a resolution
Amendment
17s. Stresses that ensuring that public contracts are awarded to those employers who ensure health and safety at work should be guaranteed and therefore calls for the addition in Annex X of ILO Convention No 155 on Occupational Safety and Health and No 187 on the Promotional Framework for Occupational Safety and Health;
25. Supports the modernisation of procurement criteria to reflect advancements in technology and security, ensuring that new procurement frameworks allow for agile responses to changing economic and geopolitical landscapes;
Or. en
25. Supports the modernisation of procurement criteria to reflect advancements in technology and security, ensuring that new procurement frameworks allow for agile responses to changing economic and geopolitical landscapes and sudden disruptions in supply chains;
Amendment 45
Motion for a resolution
Paragraph 18 a (new)
Paragraph 27
Motion for a resolution
Amendment
18a. Stresses that the revision should clearly identify social goals (e.g. the promotion of quality employment, equality, gender equality and sustainable development) as essential aims of public procurement in line with Articles 8, 9, 10 and 11 of the Treaty on the Functioning of the European Union;
27. Calls for the simplification of selection criteria and the creation of a digital database for pre-qualified SMEs to streamline their participation in public procurement; stresses that the EU public procurement framework must ensure equitable access for SMEs and local businesses by promoting simplified procedures, proportional requirements and the mandatory division of contracts into smaller lots to prevent dominance by large entities;
Or. en
27. Calls for the simplification of selection criteria and the creation of a digital database for pre-qualified SMEs to streamline their participation in public procurement; stresses that the EU public procurement framework must ensure equitable access for SMEs and local businesses by promoting simplified procedures, proportional requirements and the mandatory division of contracts into smaller lots to prevent dominance by large entities and promote competitiveness by facilitating the access of third-country companies that fulfil the economic, social and labour requirements applicable under current directives or other EU law to the EU market;
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that she received input from the following entities or persons in the preparation of the draft opinion:
Entity and/or person
Pracodawcy RP
Amazon Europe Core SARL
DIGITALEUROPE
Hewlett Packard Enterprise
SAP
The Danish Chamber of Commerce
Veolia Environnement
Confederation of European Security Services
European Federation of Building and Woodworkers
BusinessEurope
European Federation of Public Service Unions
European & International Booksellers Federation
SMEunited aisbl
European Chemical Industry Council
Danish Trade Union Confederation EU Office
European Trade Union Confederation
Deutscher Landkreistag
Conseil des Communes et Régions d’Europe
Petita i Mitjana Empresa de Catalunya
OpenForum Europe
Red Cross EU Office
Bentley Systems
FoodServiceEurope
Danish Industry
Water Europe
Związek Województw Rzeczypospolitej Polskiej
Medicines for Europe
Polski Komitet Energii Elektrycznej
ProVeg International
Fair Trade Movement
SustainablePublicAffairs
Social Services Europe
European Railway Industry Association
Architects’ Council of Europe
The Sustainable Energy Finance Association
The Open Cloud Coalition
NetApp Ireland Limited
The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that shehe has submitted to the concerned natural persons the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
INFORMATION ON ADOPTION BY THE COMMITTEE ASKED FOR OPINION
Date adopted
15.5.2025
Result of final vote
+:
–:
0:
24
7
5
Members present for the final vote
Christophe Bay, Brando Benifei, Lynn Boylan, Anna Bryłka, Udo Bullmann, Bart Groothuis, Karin Karlsbro, Bernd Lange, Ilia Lazarov, Thierry Mariani, Gabriel Mato, Javier Moreno Sánchez, Daniele Polato, Majdouline Sbai, Lukas Sieper, Dominik Tarczyński, Inese Vaidere, Marie-Pierre Vedrenne, Catarina Vieira, Jörgen Warborn, Bogdan Andrzej Zdrojewski, Juan Ignacio Zoido Álvarez
Substitutes present for the final vote
Petras Auštrevičius, Markus Buchheit, João Cotrim De Figueiredo, Fabio De Masi, Lina Gálvez, Jean-Marc Germain, Pierre Pimpie, Jessika Van Leeuwen
Members under Rule 216(7) present for the final vote
Tobias Cremer, Niels Geuking, Cristina Guarda, Michalis Hadjipantela, Niels Flemming Hansen, Andreas Schwab
FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION
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