Sittings · Document

OPINION (2024/2103(INI)) 2025-05-13

On public procurement

Committee on Employment and Social Affairs · Rapporteur: Kim Van Sparrentak

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AMENDMENTS

The Committee on Employment and Social Affairs submits the following to the Committee on the Internal Market and Consumer Protection, as the committee responsible:

Amendment 1

Motion for a resolution

Citation 1

Motion for a resolution

Amendment

– having regard to the Treaty on the Functioning of the European Union, in particular Article 114 thereof,

– having regard to the Treaty on the Functioning of the European Union, in particular Article 3, Article 114, Article 151 and Article 156 thereof,

Amendment 2

Motion for a resolution

Citation 1 a (new)

Motion for a resolution

Amendment

– having regard to the European Pillar of Social Rights,

Amendment 3

Motion for a resolution

Citation 1 b (new)

Motion for a resolution

Amendment

– having regard to UN Resolution 70/1 entitled ‘Transforming our World – the 2030 Agenda for Sustainable Development’ (Agenda 2030), adopted at the UN Sustainable Development Summit on 25 September 2015 in New York and establishing the Sustainable Development Goals,

Amendment 4

Motion for a resolution

Citation 1 c (new)

Motion for a resolution

Amendment

– having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol,

Amendment 5

Motion for a resolution

Citation 4 a (new)

Motion for a resolution

Amendment

– having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services1a (the European Accessibility Act) and Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies1b (the Web Accessibility Directive),

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1a OJ L 151, 7.6.2019, p. 70, ELI:http://data.europa.eu/eli/dir/2019/882/oj.

1b OJ L 327, 2.12.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/2102/oj.

Amendment 6

Motion for a resolution

Citation 4 b (new)

Motion for a resolution

Amendment

– having regard to Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union1a,

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1a OJ L 275, 25.10.2022, p. 33, ELI: http://data.europa.eu/eli/dir/2022/2041/oj.

Amendment 7

Motion for a resolution

Citation 4 c (new)

Motion for a resolution

Amendment

– having regard to 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 and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)1b,

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1a OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj.

1b OJ L 159, 28.5.2014, p. 11, ELI: http://data.europa.eu/eli/dir/2014/67/oj.

Amendment 8

Motion for a resolution

Citation 5 a (new)

Motion for a resolution

Amendment

– having regard to the Commission President’s political guidelines of 18 July 2024 entitled ‘Europe’s Choice – Political Guidelines for the Next European Commission 2024-2029’,

Amendment 9

Motion for a resolution

Citation 9 a (new)

Motion for a resolution

Amendment

– having regard to the European Pillar of Social Rights Action Plan, announced by the Commission in March 2021,

Amendment 10

Motion for a resolution

Citation 9 b (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 (2nd edition)1a,

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1a OJ C 237, 18.6.2021, p. 1.

Amendment 11

Motion for a resolution

Citation 9 c (new)

Motion for a resolution

Amendment

– having regard to the Commission report on the application and implementation of Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (COM(2024)0320),

Amendment 12

Motion for a resolution

Citation 9 d (new)

Motion for a resolution

Amendment

– having regard to the Commission communication of 9 December 2021 entitled ‘Building an economy that works for people: an action plan for the social economy’ (COM(2021)0778),

Amendment 13

Motion for a resolution

Citation 9 e (new)

Motion for a resolution

Amendment

– having regard to the Commission report of 20 May 2021 entitled ‘Implementation and best practices of national procurement policies in the Internal Market’ (COM(2021)0245),

Amendment 14

Motion for a resolution

Citation 10 a (new)

Motion for a resolution

Amendment

– having regard to the own-initiative opinion of the European Economic and Social Committee (EESC) of 18 September 2020 entitled ‘Public procurement as a tool to create value and dignity in work in cleaning and facility services’1a, the EESC’s own-initiative opinion of 9 June 2021 entitled ‘Towards circular public procurement’1b and the EESC’s own-initiative opinion of 23 October 2024 entitled ‘Potential of public procurement for social economy enterprises’1c,

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1a OJ C 429, 11.12.2020, p. 30.

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.

Amendment 15

Motion for a resolution

Citation 11 a (new)

Motion for a resolution

Amendment

– having regard to its study of 24 October 2023 entitled ‘The social impact of public procurement – Can the EU do more?’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.

Amendment 16

Motion for a resolution

Citation 11 b (new)

Motion for a resolution

Amendment

– having regard to the European Labour Authority (ELA) report of May 2024 entitled ‘Evaluating policy responses to prevent undeclared work in public procurement contracts’,

Amendment 17

Motion for a resolution

Citation 12 a (new)

Motion for a resolution

Amendment

– having regard to the judgment of the Court of Justice of 30 January 2020 in Case C-395/181a,

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1a Judgment of 30 January 2020, Tim SpA v Consip SpA, C-395/18, ECLI:EU:C:2020:58.

Amendment 18

Motion for a resolution

Citation 14 a (new)

Motion for a resolution

Amendment

– having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis1a,

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1a OJ C 362, 8.9.2021, p. 82.

Amendment 19

Motion for a resolution

Citation 14 b (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,

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1a Texts adopted, P10_TA(2025)0039.

Amendment 20

Motion for a resolution

Citation 14 c (new)

Motion for a resolution

Amendment

– having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions1a,

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1a OJ C 445, 29.10.2021, p. 75.

Amendment 21

Motion for a resolution

Citation 14 d (new)

Motion for a resolution

Amendment

– having regard to its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit1a,

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1a OJ C, C/2023/1072, 15.12.2023, ELI: http://data.europa.eu/eli/C.2023/1072/oj.

Amendment 22

Motion for a resolution

Citation 15 a (new)

Motion for a resolution

Amendment

– having regard to the La Hulpe Declaration of 16 April 2024 on the Future of the European Pillar of Social Rights,

Amendment 23

Motion for a resolution

Recital A

Motion for a resolution

Amendment

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;

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; whereas public procurement must promote socially and environmentally responsible business models, including in the subcontracting chains;

Amendment 24

Motion for a resolution

Recital B

Motion for a resolution

Amendment

B. whereas the 2014 reform aimed to simplify procedures, enhance the participation of small and medium-sized enterprises (SMEs) and integrate strategic procurement objectives, such as social and environmental aims, yet challenges remain in efficiency, access to data and streamlining enforcement, as well as in ensuring that public procurement fosters quality jobs and promotes collective bargaining;

Amendment 25

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

Ba. whereas the European Court of Auditors has found that strategic procurement, despite its potential to advance social, environmental or innovation goals, has had a limited impact; whereas the social dimension of public procurement, including the horizontal social clause, should be strengthened as it cannot be sufficiently implemented in practice1a; whereas the revision process should reflect the principles of the European Pillar of Social Rights;

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1a European Court of Auditors, Special report 28/2023: Public procurement in the EU – Less competition for contracts awarded for works, goods and services in the 10 years up to 2021.

Amendment 26

Motion for a resolution

Recital C a (new)

Motion for a resolution

Amendment

Ca. whereas the Clean Industrial Deal (CID) and the Letta report both emphasise that procurement should be leveraged as a key instrument in supporting the EU’s social and environmental objectives, including the creation of quality jobs and the promotion of collective bargaining; whereas taking into account social criteria in public procurement can bring benefits in the medium and long term, such as the availability of a skilled workforce, increased labour market participation and well-being, decent living wages and stimulation of demand, local and regional tax revenues, and regional cohesion, as well as trust in public institutions and democratic processes;

Amendment 27

Motion for a resolution

Recital C b (new)

Motion for a resolution

Amendment

Cb. whereas the Commission’s ‘Buying Social’ guidelines recognise that socially responsible public procurement (SRPP) allows public authorities to strategically achieve positive social outcomes, such as the promotion of quality employment opportunities, decent work, social inclusion, accessibility and respect for social and labour rights, while ensuring high-quality services and supporting social economy enterprises in public tenders;

Amendment 28

Motion for a resolution

Recital C c (new)

Motion for a resolution

Amendment

Cc. whereas the Commission highlights several legal uncertainties in promoting socially responsible and innovative public procurement1a; whereas these legal uncertainties include, among others, difficulties in connecting social considerations to the subject matter of a contract;

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1a Commission report entitled ‘Implementation and best practices of national procurement policies in the Internal Market’, May 2021 (COM(2021)0245).

Amendment 29

Motion for a resolution

Recital C d (new)

Motion for a resolution

Amendment

Cd. whereas the Commission has committed to a revision of the public procurement framework with a view to enabling ‘preference to be given to European products in public procurement for certain strategic sectors’1a;

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1a Commission President’s political guidelines of 18 July 2024 entitled ‘Europe’s Choice – Political Guidelines for the Next European Commission 2024-2029’, p. 11.

Amendment 30

Motion for a resolution

Recital C e (new)

Motion for a resolution

Amendment

Ce. whereas some of the most recent proposals presented by the Commission, such as the European Defence Industry Programme or the Critical Medicines Act1a, include public procurement provisions; whereas recent EU directives promoting green public procurement, such as the Clean Vehicles Directive1b, include progressive quantitative targets for public authorities to respect;

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1a Proposal for a regulation of the European Parliament and of the Council laying a framework for strengthening the availability and security of supply of critical medicinal products as well as the availability of, and accessibility of, medicinal products of common interest, and amending Regulation (EU) 2024/795 (COM(2025)0102).

1b Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (OJ L 188, 12.7.2019, p. 116, ELI: http://data.europa.eu/eli/dir/2019/1161/oj).

Amendment 31

Motion for a resolution

Recital C f (new)

Motion for a resolution

Amendment

Cf. 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 mechanisms (Pay Transparency Directive)1b, include provisions on cross-referencing public procurement legislation aiming, respectively, at strengthening the enforcement of the social clause or adding new exclusion grounds;

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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.

Amendment 32

Motion for a resolution

Recital C g (new)

Motion for a resolution

Amendment

Cg. whereas the La Hulpe Declaration calls for sustainable public procurement, including the promotion of collective bargaining;

Amendment 33

Motion for a resolution

Recital C h (new)

Motion for a resolution

Amendment

Ch. whereas, as regards the posting of workers, the Court of Justice judgment in the RegioPost case1a confirmed that contracting authorities may set a higher level of wages than the general standard as a performance condition for a contract;

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1a Judgment of 17 November 2015, RegioPost GmbH & Co. KG v Stadt Landau in der Pfalz, C-115/14, ECLI:EU:C:2015:760.

Amendment 34

Motion for a resolution

Recital D

Motion for a resolution

Amendment

D. whereas public procurement regulations must take into account the specific nature of different sectors and industries, recognising that a uniform approach to regulatory measures, such as payment terms, may not be suitable for all sectors, and that tailored provisions in sector-specific regulations are necessary to ensure that the overall procurement frameworks align with industry-specific operational and financial realities;

D. whereas public procurement regulations must take into account the specific nature of different sectors and industries and recognise that while some uniformity in the general approach to regulatory measures, such as payment terms, is beneficial overall, tailored provisions in sector-specific regulations are necessary; highlights the advantage of a single EU framework for public procurement that takes industry-specific operational and financial realities into account;

Amendment 35

Motion for a resolution

Recital E

Motion for a resolution

Amendment

E. whereas a lack of transparency and fairness in procurement procedures, including concerns over favouritism, unclear selection criteria and insufficient oversight mechanisms, undermines trust in public contracting and creates opportunities for corruption;

E. whereas it is necessary to support trust in public procurement; whereas a lack of transparency and fairness in procurement procedures, including concerns over favouritism, ineffective selection criteria, insufficient oversight mechanisms and ineffective exclusion mechanisms, undermines trust in public procurement and increases the risk of corruption, abuses, violation of workers’ rights, bad working conditions and violation of health and safety requirements, and does not guarantee that public money promotes quality jobs and collective bargaining;

Amendment 36

Motion for a resolution

Recital E a (new)

Motion for a resolution

Amendment

Ea. whereas adequate protection for employers’ organisations and trade unions against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration should be ensured in full respect of International Labour Organization (ILO) Conventions No 87 (1948)1a and No 98 (1949)1b;

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1a ILO Convention No 87 of 1948 on the Freedom of Association and the Protection of the Right to Organise. .

1b ILO Convention No 98 of 1949 on the Right to Organise and Collective Bargaining.

Amendment 37

Motion for a resolution

Recital H

Motion for a resolution

Amendment

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;

H. whereas public procurement policies should be based on economic feasibility as well as other objectives, such as social and environmental aims, ensuring that products and services offered in tenders are competitive, as well as socially and environmentally sustainable, thereby preventing undue long-term costs and the inefficient spending of taxpayers’ resources;

Amendment 38

Motion for a resolution

Recital H a (new)

Motion for a resolution

Amendment

Ha. whereas the lowest price is the sole criterion in most tenders in the EU – in some Member States even in up to 95 %1a of cases; whereas the ELA notes that the awarding of public contracts based solely on the lowest price encourages unfair competition and is at the expense of product or service quality, sustainability and social standards, which is especially problematic in labour-intensive sectors where staff costs make up a big share of the total operational costs; whereas this practice increases the risk of undeclared work and violations of workers’ rights1b; whereas many SMEs complain of contracting authorities’ failure to respect the social clause, noting that they award contracts only on the basis of the cheapest price, thus undermining fair competition with bidders that do comply with social and labour law1c;

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1a ECA Special report 28/2023, figure 11.

1b ELA report of May 2024 entitled ‘Evaluating policy responses to prevent undeclared work in public procurement contracts’.

1c European Parliament study of 24 October 2023 entitled ‘The social impact of public procurement – can the EU do more?’

Amendment 39

Motion for a resolution

Recital H b (new)

Motion for a resolution

Amendment

Hb. whereas strengthening the social criteria of public procurement is key to ensuring that public funds promote fair competition and quality jobs and contribute to social welfare; whereas promoting access to public contracts beyond the lowest bidders improves service quality, strengthens workers’ rights and drives social and environmental progress across the EU;

Amendment 40

Motion for a resolution

Recital H c (new)

Motion for a resolution

Amendment

Hc. whereas a recent study commissioned by Parliament1a concludes that the four main difficulties with SRPP implementation are a lack of clear guidance about correct 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;

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1a European Parliament study of 24 October 2023 entitled ‘The social impact of public procurement – can the EU do more?’

Amendment 41

Motion for a resolution

Recital H d (new)

Motion for a resolution

Amendment

Hd. whereas the most underdeveloped area in SRPP1a is the use of public procurement to address gender inequalities; 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;

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1a Ibid.

Amendment 42

Motion for a resolution

Recital H e (new)

Motion for a resolution

Amendment

He. whereas the Court of Justice judgment in Case C-395/181a establishes that the requirements in Article 18(2) of Directive 2014/24/EU that economic operators must comply, in the performance of public contracts, with obligations relating to environmental, social and labour law, constitute a binding principle, in the same way as the other principles referred to in paragraph 1 of that article, namely equal treatment, non-discrimination, transparency and proportionality;

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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.

Amendment 43

Motion for a resolution

Recital H f (new)

Motion for a resolution

Amendment

Hf. whereas it has called for the horizontal social clause to be stronger, and to strengthen social clauses in public contracts, requiring economic operators and subcontractors to fully respect workers’ rights, including the right to collective bargaining, and to set conditions for the full implementation of the applicable sectorial collective agreements and the working conditions described therein;

Amendment 44

Motion for a resolution

Recital H g (new)

Motion for a resolution

Amendment

Hg. whereas in its resolution of 13 March 2025 the European Parliament urged the Commission, in the context of the forthcoming revision of Directive 2014/24/EU, 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;

Amendment 45

Motion for a resolution

Recital H h (new)

Motion for a resolution

Amendment

Hh. whereas subcontracting is crucial for fair competition for SMEs and the ability to rely on specialised expertise; whereas long subcontracting chains can undermine the performance of public contracts, distort fair competition and obscure accountability; whereas long subcontracting chains can also create fertile ground for criminal infiltration, labour exploitation and fraudulent practices, particularly in high-risk sectors and cross-border work; whereas the lack of transparency and oversight in extended subcontracting arrangements makes it more difficult for contracting authorities to ensure compliance with applicable EU and national law;

Amendment 46

Motion for a resolution

Recital H i (new)

Motion for a resolution

Amendment

Hi. whereas the ELA1a and the Commission1b warn that long and complex subcontracting chains are often misused to undermine accountability and workers’ rights;

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1a ELA, Strategic Analysis, ‘Construction sector: Issues in information provision, enforcement of labour mobility law, social security coordination regulations, and cooperation between Member States’, 2023.

1b Commission report of 30 April 2024 on the application and implementation of the revised Posting of Workers Directive (COM(2024)0320).

Amendment 47

Motion for a resolution

Recital H j (new)

Motion for a resolution

Amendment

Hj. whereas the Letta report underlines the need to regulate subcontracting practices to prevent exploitation and abuse;

Amendment 48

Motion for a resolution

Recital J

Motion for a resolution

Amendment

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;

J. whereas despite efforts to promote the essential 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;

Amendment 49

Motion for a resolution

Recital J a (new)

Motion for a resolution

Amendment

Ja. whereas issues faced by SMEs in accessing public procurement are similar to those faced by social economy enterprises and microenterprises; whereas the social economy is essential for driving inclusive growth by integrating people at risk of social exclusion; 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; whereas the Social Economy Action Plan encourages the Member States to promote socially responsible public procurement and use tools available within EU public procurement rules to support social economy organisations;

Amendment 50

Motion for a resolution

Recital K

Motion for a resolution

Amendment

K. whereas procurement strategies must prioritise economic retention within local economies, enhancing community wealth, job creation and long-term financial stability, thereby strengthening the role of SMEs in public tenders;

K. whereas procurement strategies must prioritise economic retention within local economies in order to enhance community wealth, create sustainable and quality jobs, promote collective bargaining, enhance environmental considerations and strengthen long-term financial stability; whereas the focus on SMEs, including social economy enterprises, in public tenders is crucial in this context;

Amendment 51

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

Ka. whereas Article 27 of the UN CRPD recognises the right of persons with disabilities to work on an equal basis with others, including to have the opportunity to pursue a freely chosen career in an accessible and inclusive labour market; whereas General Comment No. 8 on the right to work and employment published by the UN Committee on the Rights of Persons with Disabilities in 2022 highlights the role of public procurement, particularly underlining businesses owned by or employing persons with disabilities, in enhancing employment opportunities for individuals with disabilities; whereas Directive 2014/24/EU on public procurement allows the inclusion of social criteria, including the promotion of inclusive employment opportunities for persons at risk of social exclusion and persons with disabilities, in the award of public contracts; whereas the EU strategy for the rights of persons with disabilities 2021-2030 recognises the value of reserved contracts under Directive 2014/24/EU on public procurement as a measure to support the social inclusion of disadvantaged groups and promote accessibility requirements for persons with disabilities;

Amendment 52

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

Kb. whereas for end users of social health and care services, continuity of care based on personal relationships with workers is crucial; whereas the inclusion of social and health services under the light regime of Directive 2014/24/EU on public procurement has had detrimental effects in certain Member States on the continuity and quality of care provided;

Amendment 53

Motion for a resolution

Paragraph 1

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;

1. Stresses that European public procurement remains an essential pillar of the properly functioning internal market and broader economy, and is an essential tool to achieve economic, social, climate and environmental objectives such as strengthening European economic security, ensuring quality jobs, promoting collective bargaining, reducing harmful dependencies, encouraging production in the EU, and diversifying and securing strategic supply chains; underlines that targeted reform is needed to unlock its true potential without adding unnecessary complexity, bureaucracy and procedural burdens; 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 ECA Special Report 28/2023;

Amendment 54

Motion for a resolution

Paragraph 2

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;

2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives of promoting high social standards, creating quality jobs, including through promoting collective bargaining, enhancing environmental sustainability, boosting competitiveness to support the EU industry and European products, and securing strategic autonomy, while aiming at simplifying the overall legislative framework by reducing complexity of the rules and bureaucracy for both contracting authorities and tenderers, in particular as regards disproportionate documentation burdens that discourage SMEs or strict deadlines that reduce competition; believes that this should 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;

Amendment 55

Motion for a resolution

Paragraph 3

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;

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 enforcement of current procurement laws and explore ways to simplify and reduce the unnecessary administrative burdens and complexity of the current rules, and ensure coherence, efficiency, and legal certainty for contracting authorities and bidders; stresses that clear and binding rules on social criteria can help contracting authorities in this regard;

Amendment 56

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

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; stresses that public money should contribute to safety, sustainability, equal treatment, transparency, resilience, the creation of quality jobs and the promotion of collective bargaining, and should not finance the exploitation of workers, unfair competition and social dumping;

Amendment 57

Motion for a resolution

Paragraph 5

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;

5. Recognises, in this context, that while public procurement can support strategic industries in Europe essential to the security of industrial output and economic stability, it must also contribute to the promotion of decent working conditions, social inclusion, the creation of quality jobs and a just transition towards a circular and climate-neutral economy;

Amendment 58

Motion for a resolution

Paragraph 6

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;

6. Calls on the Commission to set clear and simple rules to support the preferential treatment given to sustainable public procurement; highlights that such rules are essential to support the innovation efforts of the industry and private sector by boosting demand while safeguarding fair competition and a level playing field; stresses the importance of investing in green and sustainable public procurement as a key driver for the resilience and future-proofing of EU labour markets; 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 ensure compliance with EU and national labour rights and laws, including decent working conditions;

Amendment 59

Motion for a resolution

Paragraph 7

Motion for a resolution

Amendment

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;

7. Recognises that significant discrepancies remain between Member States in their implementation and enforcement of public procurement rules, and that contracting authorities, when pursuing socially responsible public procurement, are faced with legal uncertainty, discouraging the participation of smaller business and creating an uneven playing field which hinders the deployment of public procurement promoting social progress and the creation of quality jobs;

Amendment 60

Motion for a resolution

Paragraph 8

Motion for a resolution

Amendment

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; emphasises that the complexity and increasing bureaucratic burden of procurement processes disproportionately affect SMEs, discouraging them from participating and reducing the diversity of bids;

Amendment 61

Motion for a resolution

Paragraph 9

Motion for a resolution

Amendment

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;

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 suppliers, from participating, as well as restricting competition and leading to delays in the delivery of essential public projects; cautions that according to the ECA Special Report the level of competition has decreased and the average duration of procedures has increased in recent years; highlights the importance of continuing efforts towards a renewed, clear and efficient framework that contributes to the creation of quality jobs, especially at the local level, in line with the EU’s economic, social and environmental ambitions; notes, additionally, that the lack of a unified digital infrastructure for procurement platforms remains a barrier for businesses, particularly SMEs, contributing to inefficiencies and increasing costs;

Amendment 62

Motion for a resolution

Paragraph 10

Motion for a resolution

Amendment

10. Is concerned that transparency in procurement remains inadequate, as evidenced by persistently low publication rates for contract awards, limited accessibility to procurement data and ongoing risks of fraud and corruption; recalls that favouritism, unclear or biased selection criteria and insufficient oversight mechanisms undermine trust in public contracting;

10. Is concerned that transparency and enforcement in procurement remain inadequate, as evidenced by persistently low publication rates for contract awards, limited accessibility to procurement data, ongoing risks of fraud and corruption, bad working conditions, violations of health and safety requirements and violations of workers and trade union rights; recognises the destructive capacity of criminal actors1a in public procurement; recalls that favouritism, unclear or biased selection criteria and insufficient oversight, enforcement and sanction mechanisms undermine trust in public contracting;

__________________

1a According to the ELA study entitled ‘Evaluating policy responses to prevent undeclared work in public procurement contracts’ of May 2024, ‘[i]t is widely acknowledged that prioritising the lowest price criterion in public procurement may create an environment where labour law violations are more likely to occur due to cost-cutting pressures and inadequate oversight. The lowest price criterion may incentivise contractors to operate in the undeclared economy to reduce costs, and bypassing labour regulations’, p. 40.

Amendment 63

Motion for a resolution

Paragraph 11

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 European preference, resilience, sustainability, skills development, innovation, quality-to-price ratio, quality jobs and collective bargaining, or other social and environmental considerations, which leads to downward pressure on labour costs, collective bargaining and subsequently also on working conditions and wages for workers under public contracts, in particular in labour-intensive sectors where staff costs make up a big share of the total operational costs; warns that an overemphasis on short-term price-based criteria in procurement undermines long-term sustainability and innovation and may even pose security risks, particularly in sectors involving critical infrastructure; is worried that this situation is detrimental overall for the development of the internal market so that it underpins a competitive and fair social market economy;

Amendment 64

Motion for a resolution

Paragraph 12

Motion for a resolution

Amendment

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;

12. Notes the ongoing debate on updating public procurement thresholds; stresses, however, that the revision should focus on reducing unnecessary administrative burdens, boosting competitiveness and simplifying procedures, as well as promoting quality jobs, collective bargaining and environmental sustainability; notes that public procurement must, at the same time, continue to ensure fair competition and equal opportunities for all suppliers;

Amendment 65

Motion for a resolution

Paragraph 13

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;

13. Recognises the need for a clear distinction between contracting authorities and public undertakings; stresses that the autonomy of public authorities must be respected and that direct provision of services by public or local authorities, in-house provision of services and collaboration between public entities must remain available options while public undertakings are subject to the same procurement principles when participating in a tender, in order to ensure a level playing field;

Amendment 66

Motion for a resolution

Paragraph 14

Motion for a resolution

Amendment

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;

14. Strongly believes that digitalisation should remain a key element in lowering costs, reducing unnecessary administrative burdens 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 incorporates a digital-first perspective, focusing on facilitating digital transformation rather than just digitalising current analogue processes;

Amendment 67

Motion for a resolution

Paragraph 14 a (new)

Motion for a resolution

Amendment

14a. Emphasises the need to consider common standards for procurement data and platforms at EU level, where applicable, to reduce fragmentation and support a more integrated digital procurement market, including in order to facilitate enforcement; stresses the need to harness digital tools to enhance data collection, transparency and monitoring throughout the entire public procurement lifecycle – from the initial call for tenders to contract execution and delivery; underlines that a more comprehensive use of digital technologies can support a better analysis of market dynamics, identify inefficiencies and promote smarter, evidence-based policymaking; calls for greater investment in compatible and user-friendly digital systems to facilitate oversight, improve accessibility for SMEs and social economy enterprises, and ensure a more competitive and resilient internal market; encourages the Commission and the Member States to explore how procurement systems can cooperate with other well-functioning administrative systems and databases at national and EU level; highlights the need for increased support and training for contracting authorities on the use of digital tools, market engagement and risk-based procurement approaches, in order to ensure the successful implementation of public procurement reforms;

Amendment 68

Motion for a resolution

Paragraph 15

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;

15. Recommends a particular focus on automating certain processes, such as 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; considers that this transition to automated, transaction-based systems would enhance real-time data capture, streamline procurement processes and allow for better data utilisation, particularly beneficial for SMEs; 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 the Member States;

Amendment 69

Motion for a resolution

Paragraph 16

Motion for a resolution

Amendment

16. Is convinced that the Commission, in dialogue with stakeholders, should assess which procedures provide little added value relative to their costs and then either automate them or eliminate them entirely;

16. Is convinced that the Commission, in dialogue with stakeholders and social partners, should assess which procedures provide little added value relative to their costs; considers that, where appropriate, these procedures should be automated or eliminated, aligning with the broader digital transformation of public procurement; considers that this would free up resources for more strategic procurement activities, while significantly reducing inefficiencies in the system;

Amendment 70

Motion for a resolution

Subheading 4 a (new) (after paragraph 17)

Motion for a resolution

Amendment

Strengthening the social dimension of public procurement

Amendment 71

Motion for a resolution

Paragraph 17 a (new)

Motion for a resolution

Amendment

17a. Welcomes the acknowledgment of the Commission in its Clean Industrial Deal communication that ‘the use of social conditionalities in public funding ensures that workers benefit from the support provided to industry, including to promote collective bargaining’1a; welcomes the Commission’s intention to support labour and social standards in order to ensure that the transition is fair and equitable for all in the context of the revision of the legislative framework on public procurement; 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;

__________________

1a CID communication, page 21.

Amendment 72

Motion for a resolution

Paragraph 17 b (new)

Motion for a resolution

Amendment

17b. Stresses the need to integrate the social dimension into public procurement; recognises the social clause introduced in the previous revision of the public procurement framework as an important step forward towards promoting quality employment, support social inclusion and strengthen the EU’s competitiveness; stresses, nevertheless, that it has not been successful enough in achieving an impact1a; stresses that the 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; 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), namely equal treatment, non-discrimination, transparency and proportionality; calls on the Commission to ensure that the horizontal social clause is applied across all articles by contracting authorities – including in the contract notice – to ensure the full respect of workers’ and trade union rights, including the right to collective bargaining, and to guarantee quality jobs and good working conditions;

__________________

1a European Parliament’s Directorate-General for Parliamentary Research Services, ‘The social impact of public procurement’, October 2023, p. 46.

Amendment 73

Motion for a resolution

Paragraph 17 c (new)

Motion for a resolution

Amendment

17c. Is convinced 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 weight of considerations that contracting authorities are allowed to introduce that are not linked to the subject matter, such as supporting social objectives; 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; stresses that taking social criteria into account should not be considered a discriminatory measure; recalls, in this context, that no product or service exists without the involvement of workers;

Amendment 74

Motion for a resolution

Paragraph 17 d (new)

Motion for a resolution

Amendment

17d. Advocates for a public procurement framework that enables fair competition by ensuring that public funds are directed towards companies that respect EU regulations and directives, the Member States’ legislation and the right to collective bargaining and that apply the terms and conditions of applicable collective agreements, including through the inclusion thereof in the contract notice and throughout the procurement process; calls on the Commission, in order to promote collective bargaining and fair competition across the EU, to introduce award criteria related to ensuring decent working conditions, including giving adequate weighting to companies whose workers, and subcontractors’ workers, are covered by collective agreements; stresses the need for safeguards against bogus collective agreements and measures against so-called yellow unions to ensure genuine collective bargaining in accordance with the respective ILO conventions;

Amendment 75

Motion for a resolution

Paragraph 17 e (new)

Motion for a resolution

Amendment

17e. Stresses that public procurement should be focused on ensuring value for money, competition and transparency; is worried about the fact that 50 %1a of European public contracts are awarded according to the lowest price criterion; 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’ over-reliance on the lowest price criterion for awarding contracts due to the lack of legal clarity of the current framework and resulting fear of litigation;

__________________

1a European Parliament’s Directorate-General for Parliamentary Research Services, ‘The social impact of public procurement’, October 2023, p. 17.

Amendment 76

Motion for a resolution

Paragraph 17 f (new)

Motion for a resolution

Amendment

17f. Underlines the importance of increasing the use of qualitative criteria in tendering procedures, namely the most economically advantageous tender (MEAT), in order to avoid undermining wages and working conditions and to provide legal certainty for contracting authorities; underlines, however, the need to further evolve from MEAT to MAT (most advantageous tender); urges the Commission to exclude awards based on price only; calls for contracting authorities to be allowed to give preference to bids within the territory of the EU; emphasises that environmental and social criteria should be included in this approach to promote sustainability and quality jobs within the EU, encompass the societal benefits of public spending and contribute to boosting competitiveness;

Amendment 77

Motion for a resolution

Paragraph 17 g (new)

Motion for a resolution

Amendment

17g. Considers that the practice of awarding public contracts based on the lowest price criterion alone gives way to abnormally low bids and contributes to unfair competition that puts companies that respect decent working conditions and collective agreements at a disadvantage; calls, in this context, 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;

Amendment 78

Motion for a resolution

Paragraph 17 h (new)

Motion for a resolution

Amendment

17h. Recognises that well-regulated subcontracting is crucial to ensure fair competition for SMEs and the ability to rely on specialised expertise; acknowledges, however, that multiple layers of subcontracting can dilute accountability, increase risks of labour violations, put downward pressure on the working conditions of workers through the subcontracting chain and hinder effective enforcement; stresses that public procurement rules should promote direct jobs; calls on the Commission, in order to end abusive subcontracting and protect workers’ rights, and to increase transparency and responsibility across the supply chain, to limit the layers of subcontracting and to consider introducing a well-defined regime for joint and several liability of economic operators and subcontractors and for ensuring transparency regarding the subcontractors involved and the share of the contract that the contractor intends to subcontract;

Amendment 79

Motion for a resolution

Paragraph 17 i (new)

Motion for a resolution

Amendment

17i. Recommends the introduction of strengthened mechanisms for transparency and oversight in public procurement by integrating advanced data analytics and artificial intelligence technologies into the procurement process to detect irregularities, fraud, national security risks and corruption; believes that primary contractors and subcontractors, including their subsidiaries, that engage in unfair competition, for instance by committing tax fraud, participating in criminal activity or not respecting workers’ and trade union rights and the right to collective bargaining, should be excluded from public contracts; calls, therefore, on the Commission to provide more legal clarity on the different exclusion grounds and to reassess the distinction in Article 57 of Directive 2014/24/EU between mandatory and facultative exclusion grounds; considers that the introduction of a European mechanism that ensures cross-border information sharing for contracting authorities on the economic operators that have been excluded from procurement markets and the duration of their exclusion, in line with Article 57 of Directive 2014/24/EU, would facilitate enforcement, simplify procedures, safeguard public funds, safeguard a level playing field in the internal market and reinforce the security and integrity of critical public infrastructure and services;

Amendment 80

Motion for a resolution

Paragraph 17 j (new)

Motion for a resolution

Amendment

17j. 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 microenterprises in all initiatives that facilitate access to public contracts for SMEs; insists that the new rules should encourage the division of contracts into lots, and limitations to avoid excessive ‘proof -of- past’ requirements as part of the selection criteria;

Amendment 81

Motion for a resolution

Paragraph 17 k (new)

Motion for a resolution

Amendment

17k. Stresses that the current regulatory framework leaves little space for creativity, innovation and flexibility; calls on the Commission to clarify price revision clauses, in order to allow for innovation and investments, especially from SMEs and social economy enterprises;

Amendment 82

Motion for a resolution

Paragraph 17 l (new)

Motion for a resolution

Amendment

17l. Supports the establishment of regular dialogue between contracting authorities and social partners to ensure that sectoral needs are properly taken into account, in particular, for cross-border cooperation in public procurement; supports interoperable digital infrastructure that allows procurement data and procedures to be shared seamlessly across Member States, which would reduce barriers and enhance market cohesion, benefitting suppliers of all sizes across the EU, especially in large-scale projects;

Amendment 83

Motion for a resolution

Paragraph 17 m (new)

Motion for a resolution

Amendment

17m. 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; calls for accessibility requirements to be integrated at all stages of public procurement, including communication from contracting authorities, technical specifications, award criteria and service quality assurance;

Amendment 84

Motion for a resolution

Paragraph 17 n (new)

Motion for a resolution

Amendment

17n. 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 not to have provided these services within the previous three years under Article 77 of Directive 2014/24/EU;

Amendment 85

Motion for a resolution

Paragraph 17 o (new)

Motion for a resolution

Amendment

17o. 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 virtually no 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 assess the impact of the inclusion of social and health services and to consider revising its inclusion within the scope of Directive 2014/24/EU;

Amendment 86

Motion for a resolution

Paragraph 17 p (new)

Motion for a resolution

Amendment

17p. Stresses that the gender perspective of public procurement needs to be strengthened to foster gender equality; calls on the Commission to use the upcoming revision to expand Annex X in order to ensure that ILO Conventions No 100 and No 111 are included therein, along with the Pay Transparency Directive, the Work Life Balance Directive1a and the Women on Boards Directive1b;

_________________

1a 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).

1b 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).

Amendment 87

Motion for a resolution

Paragraph 17 q (new)

Motion for a resolution

Amendment

17q. Stresses that it should be ensured that public contracts are awarded to employers who safeguard health and safety at work; calls, therefore, for the addition in Annex X of ILO Conventions No 155 and No 187;

Amendment 88

Motion for a resolution

Paragraph 18 a (new)

Motion for a resolution

Amendment

18a. Stresses that the revision should clearly identify social goals (such as the promotion of quality jobs, equality, including gender equality and sustainable development) as essential aims of public procurement in line with Articles 3, 8, 9, 10, 11, 151 and 156 of the Treaty on the Functioning of the European Union;

Amendment 89

Motion for a resolution

Paragraph 19

Motion for a resolution

Amendment

19. Requests the establishment of uniform guidelines, standardised monitoring mechanisms and effective enforcement tools to promote legal certainty and consistency across public procurement in the EU;

19. Requests the establishment of uniform guidelines, standardised monitoring mechanisms and effective enforcement tools to promote legal certainty, fair competition and consistency across public procurement in the EU; proposes that sustainability, industrial resilience and compliance with social standards, as established in the Net Zero Industry Act1a, be integrated into public procurement procedures;

_________________

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 90

Motion for a resolution

Paragraph 20

Motion for a resolution

Amendment

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;

20. Supports the introduction of standard contract section templates, which would also facilitate the integration of contract data into digital platforms, enabling easier tracking and comparison across the Member States in order to create greater uniformity in tendering procedures and ensure legal clarity for contracting authorities and economic operators, in particular those that respect collective bargaining; insists that introducing such templates would help reduce unnecessary administrative burdens and maintain flexibility for market-driven solutions;

Amendment 91

Motion for a resolution

Paragraph 21

Motion for a resolution

Amendment

21. Recommends that the Commission fully utilise current tools to prevent unfair competition from non-EU countries;

21. Recommends that the Commission fully utilise current tools to prevent unfair competition from non-EU countries; stresses that a simplified and more competitive EU public procurement process could strengthen the global competitiveness of European industries, better positioning them to access economic opportunities in non-EU countries; recalls that the conditions set out in ILO Convention No 94 on Labour Clauses should be respected, and considers that countries that do not comply with them should not be able to access EU public procurement processes;

Amendment 92

Motion for a resolution

Paragraph 22

Motion for a resolution

Amendment

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;

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 and that do not respect labour law and contractual obligations applicable to economic operators; recommends the introduction of stronger measures, and their thorough enforcement, against abnormally low bids, including those put forward by non-EU entities, such as mandating independent cost assessments, reinforcing exclusion criteria and ensuring that price undercutting does not undermine fair market competition, in particular in the context of critical infrastructure;

Amendment 93

Motion for a resolution

Paragraph 23

Motion for a resolution

Amendment

23. Seeks to ensure that public procurement incorporates mechanisms that support regional economic resilience, the equitable distribution of opportunities and the sustainability of local economies, which will balance out the disproportionate centralisation of economic activity in urban hubs; underlines, in this context, the role of agriculture producers and their supply chains;

23. Seeks to ensure that public procurement incorporates mechanisms that support European quality jobs and collective bargaining and guarantee social cohesion, regional, economic, social and environmental resilience, the equitable distribution of opportunities, including between genders and for workers with disabilities, and the sustainability of local economies, contributing to a more balanced distribution of economic activity between urban and non-urban areas; underlines, in this context, the role of agriculture producers and their supply chains, as well as the paramount role of services of general economic interest;

Amendment 94

Motion for a resolution

Paragraph 24

Motion for a resolution

Amendment

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. Calls for the implementation of strategic procurement models that prioritise long-term value and resilience over short-term cost reductions, while creating lead market opportunities for products that support the EU’s objectives, particularly in strategic areas such as energy, security, defence, construction, education, water and public and social services – including healthcare – as well as in domains essential to the green and digital transitions and key future technologies;

Amendment 95

Motion for a resolution

Paragraph 25

Motion for a resolution

Amendment

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;

25. Supports the modernisation of procurement criteria to strengthen European actors in public procurement bids and reflect advancements in technology and security, ensuring that new procurement frameworks allow for agile responses to changing social, economic and geopolitical landscapes, which may threaten jobs, social cohesion and the resilience of local communities;

Amendment 96

Motion for a resolution

Paragraph 26

Motion for a resolution

Amendment

26. Calls for enhanced SME support mechanisms to enable smaller businesses to effectively compete in public tenders, including a mandatory SME test on new rules, tailored financial instruments, technical assistance programmes and a reduction in bureaucratic constraints that disproportionately affect SME participation;

26. Calls for enhanced SME support mechanisms to enable smaller businesses to effectively compete in public tenders, including a mandatory SME test and proper impact assessments by the Commission on new rules, tailored financial instruments, technical assistance programmes and a reduction in bureaucratic constraints that disproportionately affect SME participation; emphasises, therefore, the role of well-regulated subcontracting in enabling SMEs and social economy enterprises to participate in tenders and in facilitating their access to local procurement;

Amendment 97

Motion for a resolution

Paragraph 27

Motion for a resolution

Amendment

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;

27. Calls for the urgent simplification of selection criteria and the creation of a digital database for pre-qualified SMEs and social enterprises, with quality criteria to be determined in consultation with social partners, to streamline their participation in public procurement; stresses that the EU public procurement framework must ensure equitable access for SMEs, social economy enterprises and local businesses by promoting simplified procedures, proportional requirements and the mandatory division of contracts into smaller lots to prevent dominance by large entities; suggests that preference should be given to SMEs and social economy enterprises, and innovative economic operators in case of equivalent offers; notes that such preference could also be implemented through reserved contracts or reserving part of the contract performance;

Amendment 98

Motion for a resolution

Paragraph 28

Motion for a resolution

Amendment

28. Supports contract pricing flexibility through the introduction of provisions that allow price adjustments in response to inflation, material cost increases and changes in labour laws, ensuring contract viability without imposing financial strain on public authorities;

28. Supports, in the context of a rapidly changing, dynamic and responsive global economy, contract pricing flexibility through the introduction of provisions that allow price adjustments in response to inflation, material cost increases and changes in labour laws, ensuring contract viability without imposing financial strain on public authorities or compromising fair competition, social standards and transparency;

Amendment 99

Motion for a resolution

Paragraph 29

Motion for a resolution

Amendment

29. Calls for the establishment of special procurement rules for scientific research and innovation projects, recognising their critical role in driving economic and technological progress;

29. Calls for procurement procedures to be sufficiently flexible to reflect the unique characteristics of scientific research and innovation projects, in view of their strategic importance for Europe’s economic and technological leadership;

Amendment 100

Motion for a resolution

Paragraph 30

Motion for a resolution

Amendment

30. Supports a framework for robust emergency procurement measures that enables rapid response mechanisms for critical supply shortages, ensuring that procurement rules allow for accelerated processes without compromising competition and transparency;

30. Supports a framework for robust emergency procurement measures that enables rapid response mechanisms for critical supply shortages and other unforeseen challenges, ensuring that procurement rules allow for accelerated processes without compromising fair competition, social standards and transparency;

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 received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

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 she 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

13.5.2025

Result of final vote

–:

Members present for the final vote

Maravillas Abadía Jover, Li Andersson, Pascal Arimont, Gabriele Bischoff, Vilija Blinkevičiūtė, Rachel Blom, Andrzej Buła, David Casa, Estelle Ceulemans, Leila Chaibi, Per Clausen, Henrik Dahl, Johan Danielsson, Marie Dauchy, Mélanie Disdier, Gheorghe Falcă, Chiara Gemma, Niels Geuking, Juan Carlos Girauta Vidal, Alicia Homs Ginel, Sérgio Humberto, Irena Joveva, Marit Maij, Marlena Maląg, Jagna Marczułajtis-Walczak, Eleonora Meleti, Idoia Mendia, Maria Ohisalo, Branislav Ondruš, Aodhán Ó Ríordáin, Dennis Radtke, Liesbet Sommen, Villy Søvndal, Pál Szekeres, Georgiana Teodorescu, Romana Tomc, Raffaele Topo, Brigitte van den Berg, Marianne Vind, Mariateresa Vivaldini, Petar Volgin, Jan-Peter Warnke, Séverine Werbrouck

Substitutes present for the final vote

Vivien Costanzo, Estrella Galán, Isabelle Le Callennec, Giusi Princi, Eugen Tomac, Kim Van Sparrentak

Members under Rule 216(7) present for the final vote

Hanna Gedin, Kai Tegethoff

FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION

Key to symbols: