Sittings · Document
3.9.2025 A10-0147/11
Amendment 11
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63
Motion for a resolution
Amendment
63. Underlines, in the light of CJEU case-law (including Case C-395/18), that contracting authorities are entitled to include requirements based on national labour law in procurement documentation, such as binding collective agreements, minimum employment standards, equal pay provisions, and other relevant social criteria; welcomes the clarification by the CJEU that the social and environmental obligations in the Horizontal Social Clause are ‘a cardinal value with which the Member States must ensure compliance’; calls on the Commission to develop guidance and a legal framework, including clarification of the subject matter and its practical application, that ensures legal certainty and empowers contracting authorities – within their own discretion – to apply such criteria without facing disproportionate legal risks;
63. Underlines, in the light of CJEU case-law (including Case C-395/18), that contracting authorities are entitled to include requirements based on national labour law in procurement documentation, such as collective agreements, minimum employment standards, equal pay provisions, and other relevant social criteria; welcomes the clarification by the CJEU that the social and environmental obligations in the Horizontal Social Clause are ‘a cardinal value with which the Member States must ensure compliance’; calls on the Commission to develop guidance and a legal framework, including clarification of the subject matter and its practical application, that ensures legal certainty and empowers contracting authorities – within their own discretion – to apply such criteria without facing disproportionate legal risks;
Or. en
3.9.2025 A10-0147/12
Amendment 12
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63 a (new)
Motion for a resolution
Amendment
63a. 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 Directive 2014/24/EU, relating to environmental, social and labour law, constitute a binding principle, like the other principles referred to in Article 18(1) of the Directive, namely the principles of equal treatment, non-discrimination, transparency and proportionality; calls on the Commission to ensure that the horizontal social clause is applied across articles in the revision of the public procurement directives; stresses that a lack of legal clarity for contracting authorities has 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;
Or. en
3.9.2025 A10-0147/13
Amendment 13
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63 b (new)
Motion for a resolution
Amendment
63b. Stresses that current public procurement rules and the lack of strong and effective social conditions have created a downward pressure on labour costs and collective bargaining, and subsequently on working conditions and workers’ wages under public contracts; calls for the introduction of mandatory social and sustainability criteria, for example related to collective bargaining, in order to ensure a level playing field and to promote fair competition and fair working conditions;
Or. en
3.9.2025 A10-0147/14
Amendment 14
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63 c (new)
Motion for a resolution
Amendment
63c. Calls for it to be ensured that economic operators that provide good working conditions and apply collective agreements concluded with trade unions are not undercut; considers that significant mandatory award criteria connected to collective bargaining, including the provision of an advantage to tenderers whose workers, and whose subcontractors’ workers, are covered by collective agreements, and full respect for the conditions defined in the International Labour Organization convention 94 on Labour Clauses (Public Contracts) would contribute significantly to the achievement of this objective;
Or. en
3.9.2025 A10-0147/15
Amendment 15
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63 d (new)
Motion for a resolution
Amendment
63d. Regrets that the strong requirement for a ‘link to the subject matter’ and the ban on references to ‘general corporate policies’ in procurement criteria has led to widespread legal uncertainty for, and litigation against, public authorities wishing to include strong social criteria, such as collective bargaining clauses, in tenders; considers this requirement to hamper the ability of contracting authorities to procure on the basis of their best interests;
Or. en
3.9.2025 A10-0147/16
Amendment 16
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 63 e (new)
Motion for a resolution
Amendment
63e. Calls on the Commission to clarify the notion of the ‘link to the subject matter’ with regard to the use of sustainability and social criteria, and to establish a maximum weighting for considerations that contracting authorities are allowed to introduce that are not linked to the subject matter, such as activities that support 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 linked to the subject matter, in order to provide greater legal certainty to contracting authorities and to ensure fair competition;
Or. en
3.9.2025 A10-0147/17
Amendment 17
Anthony Smith, Marina Mesure
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 64
Motion for a resolution
Amendment
64. Recognises the significant potential of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while ensuring economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities; recognises that including social clauses, such as requirements related to working conditions, collective bargaining and respect for labour rights, can significantly enhance the quality and reliability of public procurement outcomes; calls on the Commission to clarify in the revision that the requirements set out in Article 18(2) of Directive 2014/24/EU, relating to environmental, social and labour law, are binding;
64. Recognises the significant potential of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while ensuring economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities; recognises that including social clauses, such as requirements related to working conditions, collective bargaining and respect for labour rights, can significantly enhance the quality and reliability of public procurement outcomes; calls on the Commission to clarify in the revision that the requirements set out in Article 18(2) of Directive 2014/24/EU, relating to environmental, social and labour law, are binding; calls on the Commission to introduce social conditionality requiring tenderers to submit, at the selection stage, a certificate confirming that employers have completed mandatory training in occupational health and safety, and to carry out periodic checks during the execution stage, with failure to comply with these obligations constituting grounds for exclusion, termination and/or effective contractual penalties;
Or. en
3.9.2025 A10-0147/18
Amendment 18
Leila Chaibi, Marina Mesure
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 67
Motion for a resolution
Amendment
67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal commitments and not excluding like-minded partners; underlines that any measures to promote the participation of European companies should not amount to protectionism or distort competition; recognises, in that context, the importance of businesses that invest and reinvest in the EU, strengthening the EU’s economy, protecting workers’ welfare and benefiting local communities; invites the Commission, furthermore, to examine opportunities to boost the participation of EU-based companies in procurement processes launched for projects financed by EU institutions or by extension of the preference system set out in Article 85 of Directive 2014/25/EU to contracts awarded by contracting authorities;
67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways of prioritising the ‘European preference’ principle, for instance by allowing contracting authorities to give preference to bids including at least 65 % of added value generated within the territory of the EU, in procurement related to strategic sectors and key technologies for the future, such as steel, the automotive industry, the transport industry, healthcare and pharmaceuticals, energy, artificial intelligence, quantum technologies, semiconductors, 5G and 6G, biotechnologies, net zero technologies, mobility, chemicals and advanced materials so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; recognises, in that context, the importance of businesses that invest and reinvest in the EU, strengthening the EU’s economy, protecting workers’ welfare and benefiting local communities; invites the Commission, furthermore, to examine opportunities to favour EU-based companies in procurement processes launched for projects financed by EU institutions or by extension of the preference system set out in Article 85 of Directive 2014/25/EU to contracts awarded by contracting authorities;
Or. en
3.9.2025 A10-0147/19
Amendment 19
Leila Chaibi, Marina Mesure
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 67 a (new)
Motion for a resolution
Amendment
67a. Calls for the inclusion, in public procurement procedures concerning projects of strategic interest for the EU – particularly in the fields of critical infrastructure, advanced technologies and critical raw materials – of provisions allowing contracting authorities to require economic operators to establish industrial partnerships with legal entities based in the EU; is of the view that such partnerships should include clauses ensuring the transfer of technologies, know-how or key technical skills to EU-based partners, in full compliance with Union law and international commitments;
Or. en
3.9.2025 A10-0147/20
Amendment 20
Hanna Gedin, Per Clausen, Leila Chaibi, Marina Mesure, Jonas Sjöstedt
on behalf of The Left Group
Report A10-0147/2025
Piotr Müller
Public procurement
(2024/2103(INI))
Motion for a resolution
Paragraph 75
Motion for a resolution
Amendment
75. Calls for the urgent simplification of selection criteria, and in that context, also calls on the Commission to explore whether the creation of an EU-level digital database of pre-qualified SMEs and smaller actors could help streamline procedures and enhance access to public tenders; notes the potential for accreditation systems to be used to determine companies’ technical and financial capacity and verify their professional integrity prior to the tender process and that professional integrity criteria should encompass their track record of compliance with applicable labour, human rights and environmental laws; underlines that effective interoperability and cross-border accessibility of these registers across Member States could essentially strengthen transparency, safeguard public funds, support the internal market and reinforce the security and integrity of critical public infrastructure and services;
75. Calls for the urgent simplification of selection criteria, and in that context, also calls on the Commission to explore whether the creation of an EU-level digital database of pre-qualified SMEs and smaller actors could help streamline procedures and enhance access to public tenders; notes the potential for accreditation systems to be used to determine companies’ technical and financial capacity and verify their professional integrity prior to the tender process and that professional integrity criteria should encompass their track record of compliance with applicable labour, human rights and international law, as well as environmental laws; underlines that effective interoperability and cross-border accessibility of these registers across Member States could essentially strengthen transparency, safeguard public funds, support the internal market and reinforce the security and integrity of critical public infrastructure and services;
Or. en