Sittings · Document

Draft report (2024/2103(INI)) 2025-04-11

Public procurement

Committee on the Internal Market and Consumer Protection

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Amendment 1

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation -1 (new)

Motion for a resolution

Amendment

– having regard to the Treaty of the European Union, in particular Article 3(3),

Or. en

Amendment 2

Hanna Gedin, Leila Chaibi

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 114, Article 151 and Article 156 thereof,

Or. en

Amendment 3

Kateřina Konečná

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 Articles 114, 151 and 156 thereof,

Or. en

Amendment 4

Gaetano Pedulla'

Motion for a resolution

Citation 1 a (new)

Motion for a resolution

Amendment

– having regard to the Treaty on the European Union at article 3 and to the Treaty on the Functioning of the European Union at article 151,

Or. en

Amendment 5

Laura Ballarín Cereza

Motion for a resolution

Citation 1 a (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,

Or. en

Amendment 6

Gaetano Pedulla'

Motion for a resolution

Citation 2 a (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 7

Christel Schaldemose

Motion for a resolution

Citation 3 a (new)

Motion for a resolution

Amendment

– having regard to the Court of Justice of the European Union (CJEU), in its judgement of January 30, 2020 (Tim, C-395/18),

Or. en

Amendment 8

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 4 a (new)

Motion for a resolution

Amendment

– having regard to Directive 2019/1937/EU of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law,

Or. en

Amendment 9

Christel Schaldemose

Motion for a resolution

Citation 4 a (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 10

Laura Ballarín Cereza

Motion for a resolution

Citation 4 a (new)

Motion for a resolution

Amendment

– having regard to the European Accessibility Act (Directive (EU) 2019/882) and the Web Accessibility Directive (Directive (EU) 2016/2102),

Or. en

Amendment 11

Kateřina Konečná

Motion for a resolution

Citation 4 a (new)

Motion for a resolution

Amendment

– having regard to the Pact for European Social Dialogue of 5 March 2025,

Or. en

Amendment 12

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 4 b (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 13

Klara Dostalova, Jorge Martín Frías, Jaroslav Bžoch, Filip Turek

Motion for a resolution

Citation 6

Motion for a resolution

Amendment

– having regard to the Commission communication of 26 February 2025 entitled ‘The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation’ (COM(2025)0085),

deleted

Or. en

Amendment 14

Kim Van Sparrentak

Motion for a resolution

Citation 8 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 (2nd edition)3a

_________________

3a OJ C 237, 18.6.2021, p. 1–69

Or. en

Amendment 15

Kim Van Sparrentak

Motion for a resolution

Citation 8 b (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 16

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 9 a (new)

Motion for a resolution

Amendment

– having regard to the European Economic and Social Committee (EESC) own-initiative opinion ‘Public procurement as a tool to create value and dignity in work in cleaning and facility services' from 17 September 2020, the EESC own-initiative opinion ‘Towards circular public procurement’ from 9 June 2021, and the EESC own-initiative opinion ‘The potential of Public Procurement for Social Economy,

Or. en

Amendment 17

Kateřina Konečná

Motion for a resolution

Citation 9 a (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)245),

Or. en

Amendment 18

Laura Ballarín Cereza

Motion for a resolution

Citation 9 a (new)

Motion for a resolution

Amendment

– having regard to the Commission communication of 9 December 2021 'Building an economy that works for people: an action plan for the social economy' (COM(2021) 778),

Or. en

Amendment 19

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 9 b (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 crisis,

Or. en

Amendment 20

Kim Van Sparrentak

Motion for a resolution

Citation 10 a (new)

Motion for a resolution

Amendment

– having regard to the opinion of European Economic and Social Committee ‘Public procurement as a tool to create value and dignity in work in cleaning and facility services' from 17 September 2020 its opinion ‘Towards circular public procurement’ from 9 June 2021 and its opinion ‘The potential of Public Procurement for Social Economy enterprises’ from 23 October 20244a’,

_________________

4a OJ C, C/2025/100, 10.1.2025, ELI: http://data.europa.eu/eli/C/2025/100/oj

Or. en

Amendment 21

Kim Van Sparrentak

Motion for a resolution

Citation 11 a (new)

Motion for a resolution

Amendment

– having regard to the study by the European Parliament of 24 October 2023 entitled ‘The social impact of public procurement - Can the EU do more?4b’,

_________________

4b V. Caimi, S. Sansonetti (October 2023) : The Social Impact of Public Procurement – Can the EU do more? Publication for the Committee on Employment and Social Affairs

Or. en

Amendment 22

Kim Van Sparrentak

Motion for a resolution

Citation 11 b (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 23

Kim Van Sparrentak

Motion for a resolution

Citation 11 c (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 24

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 12 a (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 25

Christel Schaldemose

Motion for a resolution

Citation 12 a (new)

Motion for a resolution

Amendment

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

Or. en

Amendment 26

Kateřina Konečná

Motion for a resolution

Citation 12 a (new)

Motion for a resolution

Amendment

– having regard to the Council Recommendation 2023/1389 of 12 June 2023 on Strengthening Social Dialogue in the European Union,

Or. en

Amendment 27

Kim Van Sparrentak

Motion for a resolution

Citation 14 a (new)

Motion for a resolution

Amendment

– having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI))6a’,

_________________

6a OJ C 445, 29.10.2021, p. 75–93

Or. en

Amendment 28

Kim Van Sparrentak

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’ rights’ (2024/2829(RSP))6b’,

_________________

6b Texts adopted, P10_TA(2025)0039

Or. en

Amendment 29

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 15

Motion for a resolution

Amendment

– having regard to the reports by Mario Draghi and Enrico Letta,

– having regard to the reports on “The future of European competitiveness “by Mario Draghi and “Much more than a market”, by Enrico Letta,

Or. en

Amendment 30

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 15 a (new)

Motion for a resolution

Amendment

– having regard to the European Parliament study of 24 October, 2023 ‘The social impact of public procurement – Can the EU do more?’,

Or. en

Amendment 31

Christel Schaldemose

Motion for a resolution

Citation 15 a (new)

Motion for a resolution

Amendment

– having regard to the European Parliament study of 24 October, 2023 ‘The social impact of public procurement – Can the EU do more?’,

Or. en

Amendment 32

Christel Schaldemose

Motion for a resolution

Citation 15 b (new)

Motion for a resolution

Amendment

– having regard to its resolution of 13 March 2025 on ‘Social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights’,

Or. en

Amendment 33

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 15 b (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,

Or. en

Amendment 34

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 15 c (new)

Motion for a resolution

Amendment

– having regard to European Parliament’s resolution of 13 March 2025 on ‘Social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights’,

Or. en

Amendment 35

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 18 a (new)

Motion for a resolution

Amendment

– having regard to the recent judgments from the Court of Justice of the European Union on the participation of foreign bidders in EU public procurement procedures (Case C-652/22 and C-266/22),

Or. en

Amendment 36

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 a (new)

Motion for a resolution

Amendment

– having regard to the Court of Justice of the European Union (CJEU), in its judgement of 30 January 2020 (Case C-395/18),

Or. en

Amendment 37

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard, Svenja Hahn

Motion for a resolution

Citation 18 a (new)

Motion for a resolution

Amendment

– having regard to the report of the European Commission entitled ‘SME needs analysis in Public Procurement’ (2021),

Or. en

Amendment 38

Kateřina Konečná

Motion for a resolution

Citation 18 a (new)

Motion for a resolution

Amendment

– having regard to the ILO Declaration on Fundamental Principles and Rights at Work of 1998,

Or. en

Amendment 39

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Citation 18 a (new)

Motion for a resolution

Amendment

– having regard to ECJ judgment in Case C-652/22 | Kolin Inşaat Turizm Sanayi ve Ticaret

Or. en

Amendment 40

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Citation 18 b (new)

Motion for a resolution

Amendment

– 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 ands 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)

Or. en

Amendment 41

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 b (new)

Motion for a resolution

Amendment

– having regard to the Net-Zero Industry Act,

Or. en

Amendment 42

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 c (new)

Motion for a resolution

Amendment

– having regard to ILO convention C94 on Labour Clauses (Public Contracts),

Or. en

Amendment 43

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 d (new)

Motion for a resolution

Amendment

– having regard to the European Parliament study of 24 October, 2023 ‘The social impact of public procurement – Can the EU do more?’,

Or. en

Amendment 44

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 e (new)

Motion for a resolution

Amendment

– having regard to the European Parliament resolution of 13 March 2025 on social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights (2024/2829(RSP)),

Or. en

Amendment 45

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 f (new)

Motion for a resolution

Amendment

– having regard to the La Hulpe Declaration on the Future of Social Europe,

Or. en

Amendment 46

Hanna Gedin, Leila Chaibi

Motion for a resolution

Citation 18 g (new)

Motion for a resolution

Amendment

– 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) 2023/2859,

Or. en

Amendment 47

Petr Bystron

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, promoting local industry jobs, and safeguarding national interests of the Member States;

Or. en

Amendment 48

Regina Doherty, Christian Doleschal

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, particularly for small and medium enterprises, as well as for innovation and social cohesion;

Or. en

Amendment 49

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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 to support resilience, sustainability, innovation, social cohesion and good jobs in the European Union;

Or. en

Amendment 50

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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, amounting to 2 trillion euros, and serves as an important instrument for economic growth, innovation, decarbonization and social cohesion;

Or. en

Amendment 51

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital A a (new)

Motion for a resolution

Amendment

A a. whereas Article 3(3) in the Treaty of the European Union states that the internal market shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment; whereas Article 3 further states that the internal market shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as promoting economic, social and territorial cohesion, and solidarity among Member States;

Or. en

Amendment 52

Piotr Müller

Motion for a resolution

Recital A a (new)

Motion for a resolution

Amendment

A a. whereas local and regional governments, the largest investors and contracting authorities in the EU, are increasingly burdened by strict EU rules, complex legal requirements, and excessive administrative constraints, while also facing a shortage of financial and human resources, particularly in municipalities and smaller regions;

Or. en

Amendment 53

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital A a (new)

Motion for a resolution

Amendment

A a. Whereas public procurement can drive spill-over effects that increase the demand for sustainable goods and services across the whole market, as the result of the creation of lead markets for sustainable goods, innovation and example-setting;

Or. en

Amendment 54

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital A b (new)

Motion for a resolution

Amendment

A b. whereas the Clean Industrial Deal identifies public procurement as a powerful instrument to help overcome barriers to market entry and support sustainable and resilient industrial ecosystems, jobs and value creation in the EU;

Or. en

Amendment 55

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital A c (new)

Motion for a resolution

Amendment

A c. whereas public procurement is critically important to address vulnerabilities of the European economy, improve resilience and develop solutions to defend our strategic economy, including in the digital sector;

Or. en

Amendment 56

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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 fostering environmental protection and pursuing social objectives, objectives, yet challenges remain in efficiency, access to data and, streamlining enforcement and the prevention of fraud and corruption; as well as in ensuring that public procurement processes promote collective bargaining and quality jobs or that green procurement is more generally used;

Or. en

Amendment 57

Hanna Gedin, Leila Chaibi

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, yet challenges remain in efficiency, access to data and streamlining enforcement; whereas the ECA special report 28/2023 concluded that the level of competition for public contracts decreased since 2014, and that in the majority of Member States the incidence of award criterion based on lowest price even increased over the period under review;

Or. en

Amendment 58

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital B

Motion for a resolution

Amendment

B. whereas the 2014 reform aimed to simplify procedures, enhance transparency, promote good governance, increase the participation of small and medium-sized enterprises (SMEs) and integrate strategic procurement objectives through a voluntary approach, yet challenges remain in efficiency, access to data, fostering environmental considerations and pursuing social objectives, and streamlining enforcement;

Or. en

Amendment 59

Kateřina Konečná

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 and social objectives, yet challenges remain in efficiency, access to data, streamlining enforcement, as well as in ensuring that public procurement processes promote collective bargaining and quality jobs;

Or. en

Amendment 60

Petr Bystron

Motion for a resolution

Recital B

Motion for a resolution

Amendment

Or. en

Amendment 61

Dóra Dávid

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), innovative start-ups and integrate strategic procurement objectives, yet challenges remain in efficiency, access to data and streamlining enforcement;

Or. en

Amendment 62

Kim Van Sparrentak

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

B a. whereas when it comes to access to public procurement, issues faced by SMEs are similar to those faced by social economy enterprises and micro enterprises, and therefore relevant solutions would benefit also 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 at 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 a Social Economy Action Plan;

Or. en

Amendment 63

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

B a. whereas the 2014 reform introduced the Most Economically Advantageous Tender (MEAT) criteria for the award of contract to incentivise the use of qualitative criteria such as environmental, social and ethical considerations in award of public contracts; whereas the ECA report demonstrated that 80 percent of contracts are still awarded based on lowest-price criteria only;

Or. en

Amendment 64

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Dirk Gotink, Zala Tomašič

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

B a. whereas the EU procurement thresholds for supplies, services, and construction works have remained virtually unchanged since 1994. Adjusted for market prices, these thresholds are continuously decreasing in real terms. As a result, an increasing number of smaller contracts must now be tendered at the European level through often lengthy and complex procedures;

Or. en

Amendment 65

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

B a. Whereas the European Court of Auditors found in its Special Report 28/2023 that “the promotion of strategic procurement with the goal to encourage greater consideration of environmental, social or innovative aspects has had a limited impact overall, the share of procedures using award criteria other than price is very limited despite the 2014 reform”;

Or. en

Amendment 66

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital B a (new)

Motion for a resolution

Amendment

B a. whereas, from analysis of the Single Market Scoreboard, the share of contracts awarded in favour of lowest bid still accounts for the bulk of all awards in all Member States; whereas in 2021, there were eight Member States in which the level of award in favour of the lowest bid even exceeded 80 %;

Or. en

Amendment 67

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital B b (new)

Motion for a resolution

Amendment

B b. whereas the European Labour Authority (ELA) in their 2024 report analysing public procurement found that “when the lowest price is used as the only selection criteria, the risk of undeclared work increases due to the pressure on labour costs”; Whereas ELA also notes that “It 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”1a;

_________________

1a https://www.ela.europa.eu/sites/default/files/2024-06/20240604_UDW_Study_Policy_responses_public_procurement_final_clean.pdf

Or. en

Amendment 68

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital B b (new)

Motion for a resolution

Amendment

B b. Whereas 20 Member States awarded more than 50 percent of their public tenders based on price alone in 2023, of which 10 Member States awarded more than 80 percent of their public tenders based on price alone 1a;

_________________

1a The Single Market and Competitiveness Scoreboard

Or. en

Amendment 69

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital B b (new)

Motion for a resolution

Amendment

B b. whereas Article 18(2) of Directive (EU) 2014/24/EU requires Member States to ensure compliance with applicable environmental, social and labour laws in the performance of public contracts;

Or. en

Amendment 70

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital B c (new)

Motion for a resolution

Amendment

B c. Whereas the European Parliament study ‘The social impact of public procurement – Can the EU do more?’ found that “procurement procedures based on the most economically advantageous tender (MEAT) rather than the lowest price or cost do not necessarily produce a social value” and “that it is not possible to determine any direct correlation between the use of MEAT and compliance with social and employment legislation, nor between MEAT and the presence of social aspects in a tender”;

Or. en

Amendment 71

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital B d (new)

Motion for a resolution

Amendment

B d. Whereas the European Labour Authority (ELA) found that “when the lowest price is used as the only selection criteria, the risk of undeclared work increases due to the pressure on labour costs”; Whereas ELA also notes that “It 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”;

Or. en

Amendment 72

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital B e (new)

Motion for a resolution

Amendment

B e. Whereas the EP resolution of 13 March 2025 on ‘Social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights’ urged the Commission “ in the context of the forthcoming revision of the European Public Procurement Directive to further promote collective bargaining and the use of the social clause, and preferential treatment for companies whose workers are covered by collective agreements; underlines that contracting authorities must exclude from public tenders economic operators that have engaged in criminal activities; maintains that public procurement should strategically strengthen corporate social responsibility”;

Or. en

Amendment 73

Petr Bystron

Motion for a resolution

Recital C

Motion for a resolution

Amendment

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be simplified and standardised;

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be simplified and standardised, while taking into account specificities and differing administrative systems of the Member States;

_________________

7 European Commission: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs et al., SME needs analysis in public procurement – Final report, Publications Office, 2021.

Or. en

Amendment 74

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital C

Motion for a resolution

Amendment

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be simplified and standardised;

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be clarified, simplified and standardised;

_________________

7 European Commission: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs et al., SME needs analysis in public procurement – Final report, Publications Office, 2021.

Or. en

Amendment 75

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital C

Motion for a resolution

Amendment

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be simplified and standardised;

C. whereas the Commission’s final report entitled ‘SME needs analysis in public procurement’7 points out that public procurement practices still need to be simplified;

_________________

7 European Commission: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs et al., SME needs analysis in public procurement – Final report, Publications Office, 2021.

Or. en

Amendment 76

Christel Schaldemose

Motion for a resolution

Recital C a (new)

Motion for a resolution

Amendment

C a. Whereas the European Court of Auditors found in its Special Report 28/2023 that “the promotion of strategic procurement with the goal to encourage greater consideration of environmental, social or innovative aspects has had a limited impact overall, the share of procedures using award criteria other than price is very limited despite the 2014 reform”;

Or. en

Amendment 77

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital C a (new)

Motion for a resolution

Amendment

C a. whereas direct cross-border procurements remain limited to just 5%1a of all procurement contracts, indicating persistent barriers to cross-border competition, market access and complex procedures;

_________________

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. European Court of Auditors, 2023

Or. en

Amendment 78

Christel Schaldemose

Motion for a resolution

Recital C b (new)

Motion for a resolution

Amendment

C b. Whereas 20 Member States awarded more than 50 percent of their public tenders based on price alone in 2023, of which 10 Member States awarded more than 80 percent of their public tenders based on price alone[1]; [1] The Single Market and Competitiveness Scoreboard;

Or. en

Amendment 79

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital C b (new)

Motion for a resolution

Amendment

C b. whereas the European Court of Auditors, in its Special Report 28/2023, identified a further decline in competition in public procurement over the past ten years. 2b;

_________________

2b 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. European Court of Auditors, 2023.

Or. en

Amendment 80

Christel Schaldemose

Motion for a resolution

Recital C c (new)

Motion for a resolution

Amendment

C c. Whereas the European Labour Authority (ELA) found that “when the lowest price is used as the only selection criteria, the risk of undeclared work increases due to the pressure on labour costs”;

Or. en

Amendment 81

Christel Schaldemose

Motion for a resolution

Recital C d (new)

Motion for a resolution

Amendment

C d. Whereas the Commission President has committed to a revision of the Public Procurement Framework with a view to “enable preference to be given to European products in public procurement for certain strategic sectors”;

Or. en

Amendment 82

Gaetano Pedulla'

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;

deleted

Or. en

Amendment 83

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Recital D

Motion for a resolution

Amendment

D. whereas the revision of public procurement directives should focus on streamlining procurement procedures and ensuring best value for tax-payers money; whereas, nevertheless, 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; whereas some of the most recent proposals presented by the Commission, such as the European Defence Industry Program or the Critical Medicines Act, include public procurement provisions;

Or. en

Amendment 84

Hanna Gedin, Leila Chaibi

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 and the specific goals of contracting authorities, 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; whereas winning tenders should be chosen in accordance with what the individual contracting authority considers to be the economically best solution among those offered in order to encourage a greater quality orientation and local independence and flexibility of public procurement;

Or. en

Amendment 85

Kateřina Konečná

Motion for a resolution

Recital D

Motion for a resolution

Amendment

D. whereas some sector and industry specific measures to complement the horizontal framework may be appropriate;

Or. en

Amendment 86

Regina Doherty

Motion for a resolution

Recital D

Motion for a resolution

Amendment

D. whereas public procurement regulations must take into account that different sectors and industries require one body of public procurement rules that is simple, flexible, and predictable; but recognising that a uniform approach to regulatory measures, such as payment terms, is not suitable for all sectors, and that any mandatory provisions should not hinder contractual freedom in specific industries; highlights the advantage of a single EU framework for public procurement that takes industry specific operational and financial realities into account;

Or. en

Amendment 87

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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, 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;

Or. en

Amendment 88

Petr Bystron

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 and administrative systems of the Member States, 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;

Or. en

Amendment 89

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital D

Motion for a resolution

Amendment

D. whereas public procurement rules 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;

Or. en

Amendment 90

Henrik Dahl

Motion for a resolution

Recital D a (new)

Motion for a resolution

Amendment

D a. Whereas public procurement should remain a neutral and procedural tool, regulating how public authorities buy goods and services, not what they buy; whereas embedding political or thematic objectives directly into procurement directives may undermine market neutrality, legal certainty, and efficiency;

Or. en

Amendment 91

Gaetano Pedulla'

Motion for a resolution

Recital D a (new)

Motion for a resolution

Amendment

D a. whereas the importane to create jobs that have the characteristics of quality, healthy and safe, regulated by collective bargaining, as well as environmental and social sustainability;

Or. en

Amendment 92

Hanna Gedin, Leila Chaibi

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, over-reliance on the lowest price-criterion as a result of ineffective selection criteria and exclusion mechanisms and insufficient oversight and compliance mechanisms, undermines trust in public contracting and creates opportunities for corruption and abuse; whereas the over-reliance on lowest price criteria furthermore exerts downward pressure on quality services, promoting instead the use of cheap labour, unsafe work and workplace criminalization, which greatly impacts competition in public procurement and may have detrimental long-term economic impacts on procuring authorities;

Or. en

Amendment 93

Pablo Arias Echeverría

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; whereas in some Member States there have been relevant cases of contracts being awarded in the absence of actual competition and with a lack of effective external control and opacity in the selection criteria, which highlights the urgent need to strengthen the principles of transparency, equality and legality at all stages of public procurement procedures;

Or. es

Amendment 94

Kateřina Konečná

Motion for a resolution

Recital E

Motion for a resolution

Amendment

E. whereas a lack of transparency and fairness, as well as abuses, violations of workers' rights and poor working conditions in procurement procedures, including concerns over favouritism, low-price tendering, innefective selection criteria and insufficient oversight mechanisms, undermines trust in public contracting, creates opportunities for corruption and a downward pressure on quality services, working conditions and collective bargaining;

Or. en

Amendment 95

Gaetano Pedulla'

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, insufficient oversight and ineffective exclusion mechamisms undermine trust in public contracting, create opportunities for corruption, as well as abuses, violation of workers’ rights and do not guarantee that public money promotes quality jobs and fair competiton;

Or. en

Amendment 96

Dóra Dávid

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, the lack of stringent monitoring of awarded contracts and the lack of sanctioning infringements undermines trust in public contracting and creates opportunities for corruption;

Or. en

Amendment 97

Petr Bystron

Motion for a resolution

Recital E

Motion for a resolution

Amendment

Or. en

Amendment 98

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital E

Motion for a resolution

Amendment

E. whereas a lack of transparency and integrity in procurement procedures, including concerns over favouritism, unclear and ineffective selection criteria and insufficient oversight mechanisms and insufficient exclusion and sanctioning, undermines trust in public contracting and creates opportunities for misuse of funds, fraud and corruption;

Or. en

Amendment 99

Salvatore De Meo

Motion for a resolution

Recital E a (new)

Motion for a resolution

Amendment

Ea. whereas there is currently no requirement for the award of a contract or concession to an undertaking over which the contracting authority exercises control equivalent to that over its own services – 'in-house' companies – to be supported by the demonstration of a price-quality benefit in the supply of goods and services, nor is it preceded by an analysis of market conditions;

Or. it

Amendment 100

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital E a (new)

Motion for a resolution

Amendment

E a. whereas the over-reliance on lowest bid has led to the promotion of criminal actors applying for and winning public contracts; whereas Member States are witnessing health care facilities and construction sites being run by actors formed from organized crime, leading to further erosion of public services; whereas these criminal actors, under current legislation, can easily apply for new public contracts;

Or. en

Amendment 101

Pablo Arias Echeverría

Motion for a resolution

Recital E a (new)

Motion for a resolution

Amendment

Ea. Stresses the need to ensure the effective protection of whistleblowers within public administrations, in particular public employees, with the aim of strengthening integrity in public procurement;

Or. es

Amendment 102

Peter Agius

Motion for a resolution

Recital E a (new)

Motion for a resolution

Amendment

E a. Whereas open and fair competition requires more attention to effective remedies available to economic operators contesting procurement decisions, where appeals from award decisions are not deterred by excessive administrative fees;

Or. en

Amendment 103

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

deleted

Or. en

Amendment 104

Petr Bystron

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries, highlighting the need for the EU and the Member States to prioritise the protection of its own strategic sectors and ensure reciprocity in market access;

Or. en

Amendment 105

Piotr Müller

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries, while the EU maintains one of the most open procurement markets globally, leading to unfair competitive disadvantages for European companies;

Or. en

Amendment 106

Virginie Joron, Filip Turek, Ernő Schaller-Baross, Jorge Martín Frías, Elisabeth Dieringer, Klara Dostalova

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

F. whereas European businesses, particularly small and medium-sized enterprises, encounter significant difficulties in accessing international public procurement markets due to disproportionate protectionist policies in non-EU countries;

Or. fr

Amendment 107

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

F. whereas European businesses, particularly , small and medium-sized enterprises, encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

Or. en

Amendment 108

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

Or. en

Amendment 109

Regina Doherty, Christian Doleschal

Motion for a resolution

Recital F

Motion for a resolution

Amendment

F. whereas European businesses encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

F. whereas European businesses, particularly small and medium enterprises encounter significant difficulties in accessing international public procurement markets due to protectionist policies in non-EU countries;

Or. en

Amendment 110

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

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 this requires enhanced and strategic use of public procurement in supporting European economy, reducing dependancies and strenghtening Europe's strategic autonomy;

Or. en

Amendment 111

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

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 as well as to Europe’s resilience capacity; justifying strong measures to support and preserve the European economy, particularly through public procurement;

Or. en

Amendment 112

Petr Bystron

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

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 and underlining the importance of national governments retaining control over strategic sectors and procurement decisions;

Or. en

Amendment 113

Virginie Joron, Filip Turek, Ernő Schaller-Baross, Elisabeth Dieringer, Klara Dostalova

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

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, justifying strong measures to support and preserve the European economy, particularly through public procurement;

Or. fr

Amendment 114

Salvatore De Meo

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

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, particularly in critical sectors such as the energy sector and the agri-food sector;

Or. it

Amendment 115

Ernő Schaller-Baross, Virginie Joron, Klara Dostalova

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

Or. en

Amendment 116

Stefano Cavedagna, Denis Nesci

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

Or. it

Amendment 117

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital G

Motion for a resolution

Amendment

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;

G. whereas an increase in geopolitical tensions leads to a reshuffle in international trade, resulting in new strategic dependencies emerging, driven by import concentration, demand reliance, and limited import substituability;

Or. en

Amendment 118

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital G a (new)

Motion for a resolution

Amendment

G a. whereas, in line with the report by Enrico Letta (April 2024) and the 2023 ECA Special Report on public procurement, public procurement should be leveraged as a key instrument for promotion social value and advancing the EU’s commitment to green and social policy, making contracts attractive to a wide range of entities, rather than narrowed to those who can provide the lowest costs; whereas ensuring a level playing field to quality services and products diversifies competition and ensures social and environmental progress;

Or. en

Amendment 119

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G a (new)

Motion for a resolution

Amendment

G a. Whereas the Clean Industrial Deal foresees a revision of the Public Procurement Directives to mainstream the use of non-price criteria in order to ensure that public-sector spendings support the EU’s strategic goals and points out that “The use of social conditionalities in public funding ensures that workers benefit from the support provided to industry, including to promote collective bargaining”;

Or. en

Amendment 120

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G b (new)

Motion for a resolution

Amendment

G b. Whereas the Commission President has committed to a revision of the Public Procurement Framework with a view to “enable preference to be given to European products in public procurement for certain strategic sectors” and its Clean Industrial Deal Communication has reiterated the call for the inclusion of sustainability, resilience and European preference criteria in EU public procurement for strategic sectors,

Or. en

Amendment 121

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G c (new)

Motion for a resolution

Amendment

G c. Whereas the European Directives on Due Diligence set clear obligations to prevent and address actual and potential human rights and environmental impacts across companies’ operations and supply chains;

Or. en

Amendment 122

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G d (new)

Motion for a resolution

Amendment

G d. Whereas the judgments from the Court of Justice of the European Union on the participation of foreign bidders in EU public procurement procedures (Case C-652/22 and C-266/22) clarify that foreign bidders from countries which have not concluded in a multilateral, plurilateral or bilateral agreement do not have secured access to the EU procurement market, confirm the EU exclusive competence in this matter but provide contracting authorities with the possibility to discriminate or exclude these bidders, thereby creating legal uncertainty and potential fragmentation;

Or. en

Amendment 123

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital G e (new)

Motion for a resolution

Amendment

G e. Whereas the EU recently adopted the International Procurement Instrument to better promote reciprocity to access to international public procurement markets and to ensure a level playing field for European companies and products;

Or. en

Amendment 124

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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;

deleted

Or. en

Amendment 125

Kateřina Konečná

Motion for a resolution

Recital H

Motion for a resolution

Amendment

deleted

Or. en

Amendment 126

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies have the potential to support strategic objectives of general interest that ultimately benefit all citizens; and contribute to fostering long term value ensuring that clean technologies, materials and products can compete effectively, particularly where they offer strategic or societal benefits that justify support mechanisms; or be an investment lever for the economic development of territories, taking into account the specificities of local businesses, including their decarbonisation efforts. but also for strengthening the strategic autonomy of the European Union;

Or. en

Amendment 127

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies shall be based on the principle of most economically advantageous tender (MEAT), to encourage greater consideration of environmental, social and innovative aspects in the procurement of works, goods and services, as stated in the ECA Special Report 28/2023 and Directive 2014/24/EU; whereas, in accordance with Directive 2014/24/EU the contract award decision should be accompanied by a cost criterion that could, at the choice of the contracting authority, be either the price or a cost-effectiveness approach such as life-cycle costing;

Or. en

Amendment 128

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies should move away from awarding contracts based uniquely on price and should efficiently combine and align economic feasibility with other objectives, such as sustainability, innovation and digitalisation; whereas green products and services offered in tenders can be competitive without undue reliance on government subsidies and preventing undue costs and the inefficient spending of taxpayers’ resources;

Or. en

Amendment 129

Regina Doherty

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 clean technologies, materials, and products can compete effectively, particularly where they offer strategic or societal benefits, without undue reliance on government subsidies and preventing undue costs and the inefficient spending of taxpayers’ resources;

Or. en

Amendment 130

Petr Bystron

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies should prioritise economic feasibility and national interests of the Member States over other objectives, ensuring that 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;

Or. en

Amendment 131

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Veronika Cifrová Ostrihoňová, Morten Løkkegaard

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies should be considered an appropriate tool to create demand for sustainable products and enhance sustainable industries within the EU, while preventing inefficient spending of taxpayers’ resources;

Or. en

Amendment 132

Gaetano Pedulla'

Motion for a resolution

Recital H

Motion for a resolution

Amendment

H. whereas public procurement policies should cconsider economic feasibility, social and environmental objectives, taking into account that green products and services offered in tenders are competitive, preventing undue costs and the inefficient spending of taxpayers’ resources;

Or. en

Amendment 133

Kateřina Konečná

Motion for a resolution

Recital H a (new)

Motion for a resolution

Amendment

H a. whereas, in line with the Enrico Letta's Report and the ECA Special Report 28/2023 public procurement should be leveraged as a key instrument for promotion social value and advancing the EU’s commitment to social policy. Making contracts attractive to a wide range of entities, rather than narrowed to those who can provide the lowest costs, is key to providing quality services and products, diversifying competition and ensuring social progress;

Or. en

Amendment 134

Virginie Joron, Filip Turek, Ernő Schaller-Baross, Elisabeth Dieringer, Klara Dostalova

Motion for a resolution

Recital H a (new)

Motion for a resolution

Amendment

Ha. whereas public procurement has a role to play in the emergence and development of strategic sectors and technologies, in the protection of strategic and sensitive data, in particular with regard to third countries, and in the economic development of Member States and their regions;

Or. fr

Amendment 135

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital I

Motion for a resolution

Amendment

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions;

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised, simplified and lightened digital platforms for procurement submissions; believing that digitalization can contribute to simplifying access for businesses, regrets that the introduction of the European Single Procurement Document did not meet this objective of simplifying and facilitating business participation in public procurement and needs to be fully revised;

Or. en

Amendment 136

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Recital I

Motion for a resolution

Amendment

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions;

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions; whereas digitalization can, furthermore, contribute to simplifying access for businesses, particularly micro, small, and medium-sized enterprises (SMEs), to public procurement;

Or. en

Amendment 137

Petr Bystron

Motion for a resolution

Recital I

Motion for a resolution

Amendment

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions;

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures with full respect for national competences, avoiding mandatory harmonisation of digital platforms that could undermine Member States’ sovereignty in managing their procurement systems;

Or. en

Amendment 138

Dóra Dávid

Motion for a resolution

Recital I

Motion for a resolution

Amendment

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions;

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions, and ensure transparency and machine readability for analytical purposes;

Or. en

Amendment 139

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital I

Motion for a resolution

Amendment

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures and harmonised digital platforms for procurement submissions;

I. whereas the increasing digitalisation of procurement processes must be accompanied by robust cybersecurity measures, interoperability prerequisites and easy-to-use digital platforms for procurement submissions;

Or. en

Amendment 140

Hanna Gedin, Leila Chaibi

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 participation of smaller actors, including social economy organisations, in public procurement, their involvement remains limited because of the over-reliance on lowest price, which larger entities are often able to accommodate due to economies of scale, reliance on cheap labour and social dumping and due to a lack of tailored support mechanisms that would enable smaller actors to compete effectively with larger entities; whereas social dumping and conditions for labour therefore have a significant impact on public procurement; whereas smaller actors often offer better standards for workers and consumers and do not outsource their supply chains, both within the EU and to third countries, to the same degree as larger entities;

Or. en

Amendment 141

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital J

Motion for a resolution

Amendment

J. whereas despite efforts to promote the participation of SMEs in public procurement, including social economy entities, 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;as well as a lack of clarity in national and European tender notices, a lack of understanding and mastery of existing national and European mechanisms by public buyers, and recurring payment delays;

Or. en

Amendment 142

Sandro Gozi, Stéphanie Yon-Courtin

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, a lack of tailored support mechanisms that would enable them to compete effectively with larger entities, a lack of clarity in tender notices, and recurring payment delays;

Or. en

Amendment 143

Petr Bystron

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, centralised procedures at EU level and a lack of tailored national support mechanisms that would enable them to compete effectively with larger entities;

Or. en

Amendment 144

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital J

Motion for a resolution

Amendment

J. whereas despite efforts to promote the participation of SMEs and social economy enterprises in public procurement, their involvement remains limited because of large contract sizes, costly and repetitive administrative requirements and a lack of tailored support mechanisms that would enable them to compete effectively with larger entities;

Or. en

Amendment 145

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital J

Motion for a resolution

Amendment

J. whereas, despite the objective of the 2014 reform, 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;

Or. en

Amendment 146

Regina Doherty, Christian Doleschal

Motion for a resolution

Recital J

Motion for a resolution

Amendment

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;

Or. en

Amendment 147

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital J a (new)

Motion for a resolution

Amendment

J a. whereas European competitiveness is built upon high social and environmental standards in the internal market; whereas promoting high social and environmental standards through public procurement would come to the benefit of European bidders;

Or. en

Amendment 148

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital J a (new)

Motion for a resolution

Amendment

J a. whereas multiple layers of subcontracting dilute accountability, increase risks of labour violations, puts downward pressure on working conditions of workers down the subcontracting chain and hinders effective enforcement;

Or. en

Amendment 149

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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 can promote an economic environment conducive to local growth, supporting wealth creation within communities, ensuring quality job creation, promoting collective bargaining and guaranteeing the respect of the right to collective bargaining, environmental considerations, and promoting long-term economic stability ; provided they allow for sufficient and proportionate integration of SMEs and social economy organisations in public tenders is crucial and could also be strengthened by requiring contracting authorities to analyse the local economic network and awarding contracts to micro, small and medium-sized enterprises (SMEs);

Or. en

Amendment 150

Hanna Gedin, Per Clausen, Leila Chaibi

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 and resilience, quality job creation, and promote collective bargaining and long-term financial stability, thereby strengthening the role of smaller actors, including social economy organisations, in public tenders;

Or. en

Amendment 151

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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, sustainable and circular economy, job creation and long-term financial stability, thereby strengthening the role of SMEs in public tenders;

Or. en

Amendment 152

Kateřina Konečná

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, promoting collective bargaining, long-term financial stability and strengthening the role of SMEs in public tenders;

Or. en

Amendment 153

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital K

Motion for a resolution

Amendment

Or. en

Amendment 154

Klara Dostalova, Jaroslav Bžoch, Filip Turek, Virginie Joron

Motion for a resolution

Recital K

Motion for a resolution

Amendment

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

Or. en

Amendment 155

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard

Motion for a resolution

Recital K

Motion for a resolution

Amendment

Or. en

Amendment 156

Regina Doherty, Christian Doleschal

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, by strengthening the role and participation of SMEs in public tenders;

Or. en

Amendment 157

Petr Bystron

Motion for a resolution

Recital K

Motion for a resolution

Amendment

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

Or. en

Amendment 158

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas the Clean Industrial Deal and the report by Enrico Letta both emphasize procurement should be leveraged as a key instrument to support the EU’s social and environmental objectives, including he creation of quality jobs through collective bargaining; whereas social conditionalities in public procurement bring wide-ranging benefits, such as the availability of a skilled workforce, greater labour market participation and wellbeing, decent living wages and stimulation of demand, tax incomes, regional cohesion and overall societal peace and trust in public institutions and democratic processes; whereas public procurement should support socially and environmentally responsible business models;

Or. en

Amendment 159

Laura Ballarín Cereza

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas Article 27 of the Convention on the Rights of Persons with Disabilities (UNCRPD) recognises the right of persons with disabilities to work on an equal basis with others, incluiding the opportunity to pursue a freely chosen career in an accessible and inclusive labour market; whereas General Comment No. 8 (2022) on the right to work highlights the role of public procurement - particularly favouring businesses owned by or employing persons with disabilities - in enhacing employment opportunities for individuals with disabilities;

Or. en

Amendment 160

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas the Court of Justice of the European Union (CJEU) in its judgement in Case C-395/18 establishes that the requirements in Article 18(2) of the Directive that economic operators must comply, in the performance of the contract, with obligations relating to environmental, social and labour law constitute a binding principle, like the other principles referred to in paragraph 1 of that article, namely the principles of equal treatment, non-discrimination, transparency and proportionality;

Or. en

Amendment 161

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Dirk Gotink, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas local and regional governments, the largest investors and contracting authorities in the EU, are increasingly constrained by strict EU regulations, complex legal requirements, and administrative burdens, they also face a shortage of financial and human resources, especially in municipalities and smaller regions. This often leads to the outsourcing of tasks to external parties, creating additional financial pressures and delays;

Or. en

Amendment 162

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. Whereas a number of EU Member States are front runners in the development of sustainable and innovative public procurement, with significant positive spillover effects on the development of competitive and innovative companies which drive forward the long-term economic resilience of the Union; Whereas strategic procurement has been particularly successful in countries where national action plans on procurement are in place;

Or. en

Amendment 163

Stefano Cavedagna, Denis Nesci

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

Ka. whereas there is currently no requirement for the award of a contract or concession to a company over which the contracting authority exercises control similar to that over its own services – 'in-house' companies – to be justified by the demonstration of a price-quality analysis in the supply of goods and services, nor is it preceded by a check on market conditions;

Or. it

Amendment 164

Salvatore De Meo

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

Ka. whereas public undertakings, which often play the dual role of suppliers of goods and services and contracting authorities, have to launch tenders for the acquisition of goods and services necessary for the performance of the original contract or concession, which significantly increases the time and costs of implementation;

Or. it

Amendment 165

Kateřina Konečná

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas collective bargaining is an essential part of the ‘European Social Model’ and its importance for achieving quality jobs and fair wages and working conditions has been reiterated by the Commission, as well in the Enrico Letta's Report yet it still remains under intense pressure;

Or. en

Amendment 166

Kim Van Sparrentak

Motion for a resolution

Recital K a (new)

Motion for a resolution

Amendment

K a. whereas the La Hulpe declaration calls for sustainable public procurement, including to promote collective bargaining and therefore to evaluate the directives on public procurement and, if needed, to take further steps;

Or. en

Amendment 167

Kim Van Sparrentak

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas the European Parliament in its Resolution on social and employment aspects of restructuring process has urged the Commission in the context of the forthcoming revision of the European Public Procurement Directive to further promote collective bargaining and 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;

Or. en

Amendment 168

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas the European Court of Auditors (Special Report 28/2023) found that strategic procurement, despite its potential to advance social, environmental, or innovation goals, has had limited impact; whereas the social dimension of public procurement, including the horizontal social clause, should be strengthened as it is not sufficiently implemented in practice; whereas the revision process should reflect the principles of the European Pillar of Social Rights;

Or. en

Amendment 169

Laura Ballarín Cereza

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas the EU Strategy for the Rights of Persons with Disabilities 2021-2030 recognizes the value of Reserved Contracts in the 2014 Public Procurement Directive as a measure to support the social inclusion of disadvantaged groups and promote accessibility requirements for persons with disabilities;

Or. en

Amendment 170

Salvatore De Meo

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

Kb. whereas, as matters stand, adjustments to the duration of a concession to reflect new investment needs that have arisen since the start of the concession are not allowed, hindering the establishment of modern, high-performance and resilient infrastructure and services;

Or. it

Amendment 171

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas the transposition of European public procurement rules into national law is sometimes ineffective, leading to inconsistencies in implementation, legal uncertainty, and barriers to access for economic operators;

Or. en

Amendment 172

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas that the Court of Justice of the European Union (CJEU) judgement in Case C-395/18 establishes that Member States may also consider the subcontractors when determining the ground for exclusion;

Or. en

Amendment 173

Kateřina Konečná

Motion for a resolution

Recital K b (new)

Motion for a resolution

Amendment

K b. whereas the Court of Justice of the European Union (CJEU) judgement in Case C-395/18 establishes that Member States may also consider the subcontractors when determining the ground for exclusion;

Or. en

Amendment 174

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K c (new)

Motion for a resolution

Amendment

K c. whereas the awarding of public contracts based solely on the lowest price encourages unfair competition and is at the expense of quality, sustainability and social standards, which is especially dangerous 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’ rights 1b; whereas the lowest price is used in most of the tenders in the EU as sole criterion, in some Member States in even up to 95% of cases; whereas many SME’s complain about the non-respect of the mandatory social clause by contracting authorities, which award contracts only on the basis of the cheapest offer, thus undermining fair competition with bidders that comply with social and labour law 1c; prevent undeclared work in public procurement contracts’;

_________________

1b European Labour Authority report of May 2024 ‘Evaluating policy responses to prevent undeclared work in public procurement contracts’

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

Or. en

Amendment 175

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K c (new)

Motion for a resolution

Amendment

K c. whereas Enrico Letta in his report states that public procurement must be harnessed to advocate for a "high road" to development, that such an approach aligns public spending with a broader agenda of social advancement and economic inclusivity; whereas it is stated in the report that ever relying on the cheapest bid can lead to sacrifices in quality, sustainability, innovation, and social value, and that this can result in suboptimal services, long-term inefficiencies, and a failure to address broader societal and environmental goals, such as the maintenance of local ecosystems and critical supply chains in Europe;

Or. en

Amendment 176

Kim Van Sparrentak

Motion for a resolution

Recital K c (new)

Motion for a resolution

Amendment

K c. whereas the Court of Justice of the European Union (CJEU) in its judgement in Case C-395/18 establishes that the requirements in Article 18(2) of the Directive that economic operators must comply, in the performance of the contract, with obligations relating to environmental, social and labour law constitute a binding principle, like the other principles referred to in paragraph 1 of that article, namely the principles of equal treatment, non-discrimination, transparency and proportionality;

Or. en

Amendment 177

Laura Ballarín Cereza

Motion for a resolution

Recital K c (new)

Motion for a resolution

Amendment

K c. whereas persons with disabilities still face significant employment barriers, with an employment gap of 24.2 percentage points compared to persons without disabilities in the EU; whereas Directive 2014/24/EU on public procurement allows the inclusion of social conditionalities, incluiding the promotion of inclusive employment opportunities for persons at risk of social exclusion and persons with disabilities, in the award of public contracts;

Or. en

Amendment 178

Kateřina Konečná

Motion for a resolution

Recital K c (new)

Motion for a resolution

Amendment

K c. whereas the Commission report entitled ‘Implementation and best practices of national procurement policies in the Internal Market’ highlights several legal uncertainties, such as difficulties in connecting social considerations to the subject matter of a contract, to promote socially responsible public procurement;

Or. en

Amendment 179

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K d (new)

Motion for a resolution

Amendment

K d. whereas long subcontracting chains can undermine the performance of public contracts, distort fair competition, and obscure accountability; whereas long subcontracting chains create fertile ground for criminal infiltration, labour exploitation, and fraudulent practices, particularly in high-risk sectors and in cross-border work; whereas the lack of transparency and oversight in extended subcontracting arrangements increases difficulties for contracting authorities to ensure compliance with applicable Union and national law;

Or. en

Amendment 180

Laura Ballarín Cereza

Motion for a resolution

Recital K d (new)

Motion for a resolution

Amendment

K d. whereas the Social Economy Action Plan encourages Member States to promote socially responsible public procurement and use available tools within EU public procurement rules to support social economy organizations; whereas the social economy is key to drive inclusive growth by integrating people at risk of social exclusion;

Or. en

Amendment 181

Kim Van Sparrentak

Motion for a resolution

Recital K d (new)

Motion for a resolution

Amendment

K d. whereas for end users of social health and care services continuity of care based on personal relationships with the workers is key; whereas the inclusion of social and health services under the light regime of the procurement directive has had detrimental effects on the continuity and quality of care provided;

Or. en

Amendment 182

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K d (new)

Motion for a resolution

Amendment

K d. whereas the report by Mario Draghi highlights the need to level the playing field for EU industries, leveraging among other means public procurement, through rewarding innovative and sustainable solutions;

Or. en

Amendment 183

Kim Van Sparrentak

Motion for a resolution

Recital K e (new)

Motion for a resolution

Amendment

K e. 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 harmonized at national level;.

Or. en

Amendment 184

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K e (new)

Motion for a resolution

Amendment

K e. whereas the Net-Zero Industry Act introduced non-price criteria in public procurement, on : i) environmental sustainability; ii) criteria concerning social and employment considerations, cybersecurity, or time to deliver; iii) resilience criteria in case of significant dependency;

Or. en

Amendment 185

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K e (new)

Motion for a resolution

Amendment

K e. whereas the ELA1g and the European Commission 1h are warning that long and complex subcontracting chains are often misused to undermine workers rights and accountability

_________________

1g European Labour Authority, Strategic Analysis Report of 2023, 'Construction sector: Issues in information provision, enforcement of labour mobility law, social security coordination regulations, and cooperation between Member States'

1h Commission report on the application and implementation of the revised Posting of Workers Directive (2024)

Or. en

Amendment 186

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Recital K f (new)

Motion for a resolution

Amendment

K f. whereas the Clean Industrial Deal foresees a revision of the Public Procurement Directives to mainstream the use of non-price criteria in order to ensure that public-sector spendings support the EU’s strategic goals and points out that “The use of social conditionalities in public funding ensures that workers benefit from the support provided to industry, including to promote collective bargaining”;

Or. en

Amendment 187

Kim Van Sparrentak

Motion for a resolution

Recital K f (new)

Motion for a resolution

Amendment

K f. whereas a recent study commissioned by the Parliament concludes that the four main difficulties with Socially Responsible Public Procurement (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;

Or. en

Amendment 188

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K f (new)

Motion for a resolution

Amendment

K f. whereas the report by Enrico Letta underlines the imperative to regulate subcontracting practices to prevent exploitation and abuse; whereas contract performace clauses should specify that companies have to disclose the names of subcontractors and conduct thorough due diligence on them them;

Or. en

Amendment 189

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K g (new)

Motion for a resolution

Amendment

K g. whereas systematic registers of contract performance would significantly enhance the ability of contracting authorities to swiftly exclude unsuitable actors from procurement processes, including actors linked to criminal networks and foreign interference, prevent labour exploitation and enhance reliable contract performance; whereas the effective interoperability and cross-border accessibility of these registers across Member States is essential to strengthen transparency, safeguard public funds, support the internal market and reinforce the security and integrity of critical public infrastructure and services; whereas women and other groups that face discrimination would benefit from a strengthened social dimension of public procurement; whereas public procurement should enhance gender equality and social inclusion;

Or. en

Amendment 190

Kim Van Sparrentak

Motion for a resolution

Recital K g (new)

Motion for a resolution

Amendment

K g. whereas, recently adopted legislative instruments in the area of social policy, such as the Directive on adequate minimum wages and the Directive on pay transparency, include provisions cross-referencing public procurement acquis aiming, respectively, at strengthening the enforcement of the social clause or adding new exclusion grounds; whereas, in the area of posting of workers, the Court of Justice of the European Union (CJEU) judgment on the RegioPost case has confirmed that contracting authorities may set a higher level of wages than the general standard as a performance condition for a contract, in view of allowing posted workers to receive a living wage;

Or. en

Amendment 191

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K g (new)

Motion for a resolution

Amendment

K g. whereas the European Commission report on the implementation and best practices of national procurement policies in the internal market from May 2021 highlights several legal uncertainties to promote socially responsible and innovation public procurement; whereas these legal uncertainties include among other difficulties in connecting social considerations to the subject matter of a contract;

Or. en

Amendment 192

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Recital K h (new)

Motion for a resolution

Amendment

K h. whereas the European Parliament on 13 March 2025 adopted its resolution on social and employment aspects of restructuring processes: the need to protect jobs and workers’ rights (2024/2829(RSP)), calling on the Commission to further promote collective bargaining and the use of the social clause;

Or. en

Amendment 193

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Recital K h (new)

Motion for a resolution

Amendment

K h. Whereas public procurement must promote socially and environmentally responsible business models, including in the subcontracting chains through stricter regulation;

Or. en

Amendment 194

Hanna Gedin, Leila Chaibi

Motion for a resolution

Recital K i (new)

Motion for a resolution

Amendment

K i. whereas Article 3(3) in the Treaty of the European Union states that the internal market shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment;

Or. en

Amendment 195

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph -1 (new)

Motion for a resolution

Amendment

-1. Reiterates its position, as agreed upon in resolution (2024/2829(RSP)), to call on the Commission to further promote collective bargaining and the use of the social clause, and preferential treatment for companies whose workers are covered by collective agreements; underlines that contracting authorities must exclude from public tenders economic operators that have engaged in criminal activities; maintains that public procurement should strategically strengthen corporate social responsibility; highlights the importance of ensuring that European and national funds are used to facilitate the transition to a climate-neutral economy, including by promoting social dialogue and collective bargaining; considers, furthermore, that no EU financial support should go to undertakings that do not comply with the applicable working and employment conditions and/or employer obligations resulting from EU or national labour law or the relevant collective agreements; believes that this support should also be used to promote European industrial competitiveness and the creation of quality jobs in the EU and promote collective bargaining and compliance with EU and national labour rights and laws, including decent working conditions; calls for EU funding and State aid by Member States to be aligned with a European industrial policy, in order to offer high-quality jobs, promote collective bargaining, respect of EU labour rights and standards, improve the competitiveness of European businesses and ensure improved working conditions;

Or. en

Amendment 196

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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 should remain an essential pillar of the properly functioning internal market and broader economy, stresses the need of a harmonized implementation of the legislative framework by the Member States; adds that public procurement must contribute both to the strategic autonomy of the European Union and to the balanced economic development of territories through enhanced access for micro, small, and medium-sized enterprises (SMEs) to public procurement; considers that the lowest price criterion, complexity, procedural burdens and legal uncertainty are significant stumbling blocks; Stresses however that when aligned with well-defined and consistent European policy objectives – such as sustainability, human rights, innovation, resilience, or decarbonisation and circularity – strategic procurement can deliver significant market impact and public value; believes that European public procurement should also be leveraged to strengthen European economic security, reduce dependencies, encourage the production in the EU and secure strategic supply chains;

Or. en

Amendment 197

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard

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 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; emphasises the need to prevent the emergence of possible barriers, identify and overcome the main obstacles to sustainable and resilient procurement, guarantee security of supply and ensure fair and effective competition; calls on the Commission to examine the possibility for streamlining and alignment of existing and new public procurement legislation with the aim of finding a balance among the different objectives of public procurement, improving legal certainty and coherence, contributing to more clarity and reduction of regulatory burdens and costs as much as possible;

Or. en

Amendment 198

Andreas Schwab, Christian Doleschal

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;

Or. en

Amendment 199

Virginie Joron, Filip Turek, Ernő Schaller-Baross, Elisabeth Dieringer, Klara Dostalova

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 should remain an essential pillar of the properly functioning internal market and broader economy, and that targeted reform, by means of directives is needed to unlock its true potential;

Or. fr

Amendment 200

Regina Doherty

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;

Or. en

Amendment 201

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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 should remain an essential pillar of the properly functioning internal market, and that an ambitious reform supports unlocking its true potential; highlights that public procurement is key to foster sustainability and resilience of the EU economy; regrets however that referring only to the lowest price as award criterion limits its strategic use; suggests therefore to consider public procurement as a long-term investment rather than an expense per se; consequently strongly believes that these long-term investments made by contracting authorities should promote the highest environmental and social standards;

Or. en

Amendment 202

Kim Van Sparrentak

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 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 28/2023;

Or. en

Amendment 203

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

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;

Or. en

Amendment 204

Hanna Gedin, Per Clausen, Leila Chaibi

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 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, contribute to ensuring quality jobs and promoting collective bargaining; cautions that the previous revision of the directive, which had the aim of simplifying the directive, led to lower competition in public procurement, and that in the majority of Member States the incidence of the award criterion based on lowest price even increased;

Or. en

Amendment 205

Petr Bystron

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 should primarily serve the interests of national economies within the internal market and broader economy, and that targeted reform is needed to unlock its true potential without undermining Member States' sovereignty; cautions, however, that the increasing tendency to use public procurement as a vehicle for multiple, often conflicting EU-driven policy objectives risks adding complexity, bureaucracy and procedural burdens, rather than delivering tangible and efficient results for national markets;

Or. en

Amendment 206

Kateřina Konečná

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 should remain an essential pillar of the properly functioning internal market, broader economy and social cohesion, and that targeted reform is needed to unlock its true potential; stresses that public procurement should contribute to ensuring quality jobs and promoting collective bargaining;

Or. en

Amendment 207

Leila Chaibi, Per Clausen

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, as an essential pillar of the properly functioning internal market and broader economy, must be leveraged to strengthen the European economic security, reduce harmful dependencies, encourage production in the EU, promote EU social and environmental norms, and diversify and secure strategic supply chains, and that a reform is needed to unlock its true potential;

Or. en

Amendment 208

Sandro Gozi, Stéphanie Yon-Courtin

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 is an essential pillar of the properly functioning internal market and broader economy; calls, therefore, for a reform that will enhance the use of public procurement and unlock its true potential to strengthen the European economic security and autonomy, reduce harmful dependencies, encourage production in the EU, and diversify and secure strategic supply chains;

Or. en

Amendment 209

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolution

Amendment

1 a. Considers that the revision of the Directives should aim at completing the objectives targeted in 2014 and adjust to new challenges Europe has to face today in order to prepare to ongoing changes especially the geopolitical paradigm; in particular support the Union’s producers and the development of nascent industries in strategic sectors, encourage Union companies to decarbonise their production, thereby fostering the Union’s strategic autonomy and contributing to the ecological transition, and promote sound social policies; strongly believes that public procurement is a key lever to achieve economic, social, green, innovative objectives and that public procurement procedures should not be guided solely by cost considerations but should also integrate EU values such as freedom of choice, transparency, data protection and qualitative criteria quality jobs, sustainability, cybersecurity while encouraging the adoption of interoperable and open-source solutions and innovation; supports the Commission’s intention to mainstream non-price criteria with a view to boost strategic procurement in the Union;

Or. en

Amendment 210

Leila Chaibi, Per Clausen

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolution

Amendment

1 a. Recalls that public procurements are used by public authorities to purchase goods or services with public funds; is worried that 50% of European public procurements are awarded according to the lowest price criteria meaning that public funds are used to enrich the social lowest bidder; strongly asks to add socially binding criterias ensuring that companies winning public procurements contracts respect the social acquis commun, labour law and offer the highest quality working conditions and competitive wages to their workers; supports strongly the addition of environmental criterias ensuring that the companies winning public procurements respect the EU legislation regarding the protection of nature and the environment; calls strongly as well for public procurement procedures to include “Buy European criterias”, with minimum threshold of European materials, devices or services;

Or. en

Amendment 211

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard, Svenja Hahn

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolution

Amendment

1 a. Acknowledges the Commission’s in-depth analysis and consultation with regards to the revision of EU public procurement legal frameworks; highlights that such consultation should include a regulatory impact assessment showcasing the effect of potential new rules aimed at promoting sustainable procurement and fair and effective competition while at the same time achieving as much as possible the removal of excessive and unnecessary administrative barriers and streamlining regulatory provisions; calls on the Commission to streamline and clarify the focus of public procurement goals by establishing a smaller, more precise set of objectives that are both clear and measurable; points at the importance for flexibility in determining the nature and inclusion of strategic considerations in public procurement procedures;

Or. en

Amendment 212

Virginie Joron, Jorge Martín Frías, Elisabeth Dieringer

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Underlines the role that EU public procurement rules can play in supporting the competitiveness and technological sovereignty of Member States by stimulating demand for certain products and services; calls for the introduction of new public procurement criteria with a view to introducing European preference without creating an administrative burden for companies participating in public procurement; stresses the importance of non-price criteria, in particular to encourage the participation of local, national or European companies in public procurement stresses the need to ensure that these criteria do not create additional administrative and financial burdens;

Or. fr

Amendment 213

Klara Dostalova, Filip Turek, Jaroslav Bžoch, Jorge Martín Frías

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolution

Amendment

1 a. European public procurement stands as a cornerstone of free market principles. Targeted reform shall be implemented immediately to unleash its full potential and drive economic growth. The liberal tendency to overload procurement with multiple competing policy agendas has created bloated bureaucracy and excessive regulation that stifles business and innovation. The bureaucratic overreach shall end to restore procurement to its proper function—delivering a value through market-based solutions rather than serving as a tool for social engineering;

Or. en

Amendment 214

Leila Chaibi, Per Clausen

Motion for a resolution

Paragraph 1 b (new)

Motion for a resolution

Amendment

1 b. Recalls that the European Parliament itself uses public procurement for essential services such as its catering and crèche; notes with concerns the difficult situation of the crèche and catering workers of the European Parliament; recalls that the public procurement of the European Parliament's crèche has been won by the Mona Lisa company, a subsidiary of the Esedra company; recalls that the Esedra company was the service providers of the Parliament crèche between 2020 and 2022; recalls that the European Parliament, in the European Parliament discharge (2019/2056(DEC)) voted in 2020, noted that Esedra took over as new service provider of the Parliament's crèches and nursery sections and recalled the need to ensure that the subcontractor is aligned with Parliament's policy of respect and dignity at work; notes with concerns that the European Parliament also decided to launch a new public procurement call for its catering service that does not safeguard the jobs of the current staff; is worried because this call divides the catering contract into three separate lots which creates even more uncertainty about the future of staff's employment; considers, in both cases, that employments and salaries have to be safeguarded and working rights respected and that the budget of the European Parliament shall not finance the profits of a private company through public procurement; calls strongly the European Parliament to ensure the proper functioning of the crèche and the catering by protecting the staff, ensuring decent working conditions, fair remuneration, and the quality of these services which are essential for the work of the MEPs, by taking the necessary steps as soon as possible to allow for the crèche, cleaning and the catering staff to be directly employed by the European Parliament;

Or. en

Amendment 215

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 1 b (new)

Motion for a resolution

Amendment

1 b. Welcomes recent legislative developments and communications, including the Communication on the Clean Industrial Deal 1b, which promote sustainability and enhance the Union’s resilience; Stresses that the revision of the Union’s legal framework for public procurement should present an opportunity to adopt a unified and coherent approach, ensuring that public procurement effectively supports the Union’s sustainability goals and long-term resilience;

_________________

1b Commission Communication COM(2025) 85 on The Clean Industrial Deal: A Joint Roadmap for competitiveness and Decarbonisation, published in the Official Journal C 85

Or. en

Amendment 216

Dirk Gotink

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 sustainably and in the long term, and strengthening European security and safety for European citizens and businesses; advises against measures that could compromise any of these principles; stresses that for security reasons, Member States should restrict high-risk vendors from operating in their critical infrastructure and border security systems, including for the procurement of security screening and cargo scanning equipment used at airports and ports;

Or. en

Amendment 217

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 2

Motion for a resolution

Amendment

2. Calls, therefore, on the Commission to create a more robust and clear legal language to move towards the MEAT criteria to be fully utilized by procuring authorities, including the ability for social and sustainability clauses, always in combination with mandatory social and labour clauses, in order to promote fair competition, collective bargaining and quality jobs; calls on the alignment of public procurement reform with its strategic objectives aimed at increasing resilience, fostering cohesion and quality jobs in the internal market, enhancing simplification for contracting authorities and procurers alike, and boosting European competitiveness;

Or. en

Amendment 218

Kim Van Sparrentak

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 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 the EU industry and securing strategic autonomy, while aiming at simplification of the overall legislative framework by reducing complexity of the rules and bureaucracy for both contracting authorities and tenderers, in particular SMEs;

Or. en

Amendment 219

Arba Kokalari

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, such as mandatory social and environmental criterias that limit market access, disproportionate documentation burdens that discourages SMEs, requirements such as mandatory collective bargaining agreements that could unduly restrict market access, or strict deadlines that reduce competition;

Or. en

Amendment 220

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Morten Løkkegaard

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; recalls the ECA Special Report statement that a key objective of the 2014 reform entails encouraging greater consideration of environmental and innovative aspects in the procurement of works, goods and services, commonly referred to as strategic procurement; advises against measures that could compromise any of these principles;

Or. en

Amendment 221

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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 such as maintaining very high social and environmental standards and strengthening the Single Market, guaranteeing ambitious local economic development, promoting access for small and medium-sized businesses; as well as supporting the Union’s strategic autonomy and advancing ecological transition by supporting for instance industrial decarbonization along with boosting European competitiveness;

Or. en

Amendment 222

Johan Danielsson, Adnan Dibrani, Pierfrancesco Maran

Motion for a resolution

Paragraph 2

Motion for a resolution

Amendment

2. Calls on the Commission to introduce crime and fraud prevention as an additional core principle of the Directive, in addition to the existing principles of equal treatment, non-discrimination, transparency, proportionality and compliance with applicable obligations in the fields of environmental, social and labour law, in order to strengthen the fight against criminal infiltration, corruption, economic crime, and labour exploitation;

Or. en

Amendment 223

Sandro Gozi, Stéphanie Yon-Courtin

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 of boosting European competitiveness in the context of increased global economic competition, by enabling preference for European products, ensuring security of supply for certain vital technologies, products and services, while simplifying the rules and reducing administrative burden;

Or. en

Amendment 224

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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 of sustainability and resilience, while at the same time simplifying procedures and reporting requirements both for contracting authorities and tenderers, in particular for SMEs; insists in this regard on avoiding replicating or duplicating existing sectoral legislation;

Or. en

Amendment 225

Andreas Schwab, Christian Doleschal

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, boosting European competitiveness and ensuring resilience and reducing harmful dependencies for some vital technologies, products and services; advises against measures that could compromise any of these principles;

Or. en

Amendment 226

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

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; stresses the importance of accelerating procurement procedures to avoid unnecessary delays in investment; advises against measures that could compromise any of these principles;

Or. en

Amendment 227

Petr Bystron

Motion for a resolution

Paragraph 2

Motion for a resolution

Amendment

2. Calls for the public procurement reform to be driven by the priorities and needs of Member States, ensuring that national sovereignty is respected and that Member States retain full control over their own procurement policies; advises against measures that could compromise these principles or undermine national decision-making autonomy;

Or. en

Amendment 228

Gaetano Pedulla'

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;

Or. en

Amendment 229

Kateřina Konečná

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, progressing its social commitments and boosting European competitiveness; advises against measures that could compromise any of these principles;

Or. en

Amendment 230

Regina Doherty, Christian Doleschal

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 simplification, reducing bureaucracy, and boosting European competitiveness; advises against measures that could compromise any of these principles;

Or. en

Amendment 231

Virginie Joron, Elisabeth Dieringer

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, simplifying procedures, promoting European preference and thus boosting European competitiveness;

Or. fr

Amendment 232

Gaetano Pedulla'

Motion for a resolution

Paragraph 2 a (new)

Motion for a resolution

Amendment

2 a. stresses that simplification cannot mean deregulation or lack of controls that must take place throughout all phases of the contract, from the award to the execution of the work;

Or. en

Amendment 233

Kateřina Konečná

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

deleted

Or. en

Amendment 234

Pierre Jouvet, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Pierfrancesco Maran

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 simplification by avoiding too burdensome bureaucracy but also understand a political vision of defending European competitiveness and developing the local economic base. Division into lots for example but also emphasis on the simplicity, clarity and stability that comes with a collective agreement, which is a flexible model that focuses on collaboration and on finding joint solutions. Believes that Sstronger and clearer social criteria would furthermore establish a legal certainty which would create a level playing field for businesses, preventing responsible bidders from being undercut by those that compromise on labour, environmental and climate standards; Stresses that , including sustainability criteria in public procurement can often be an opportunity for innovation and for inclusion of SMEs;

Or. en

Amendment 235

Pablo Arias Echeverría

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; stresses that Member States should avoid gold-plating at national level, which multiplies administrative formalities, creates legal uncertainty and reduces attractiveness for potential tenderers; a situation which discourages small and medium-sized enterprises in particular.

Or. es

Amendment 236

Henrik Dahl

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; emphasises that procurement rules must remain neutral and refrain from prescribing outcomes related to product characteristics or social preferences not directly linked to the subject matter of the contract, in line with principles of legal certainty and WTO GPA obligations;

Or. en

Amendment 237

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

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 and start-ups, 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; stresses, however, that sufficient flexibility should be left to contracting authorities to adapt procurement processes to their specific needs, ensuring efficiency and the best value for money;

Or. en

Amendment 238

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

3. Recognises that, in order to make public procurement more accessible for smaller actors, including social economy organisations, involved in public procurement, updated versions of directives must aim at clarifying the option for procurers to choose strategically the types of services or products which fit their needs, to allow for procuring authorities to set social clauses, such as collective bargaining agreements, and sustainability clauses as mandatory criteria in procurement;

Or. en

Amendment 239

Regina Doherty, Christian Doleschal

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, and that any revision should focus exclusively on strengthening the enforcement of existing procurement laws and explore ways to simplify and reduce administrative burdens;

Or. en

Amendment 240

Kim Van Sparrentak

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

3. Recognises that public procurement should be more accessible for SMEs and in particular for social economy enterprises; highlights that along 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;

Or. en

Amendment 241

Virginie Joron, Elisabeth Dieringer

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

Or. fr

Amendment 242

Klara Dostalova, Virginie Joron, Jaroslav Bžoch, Filip Turek

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

3. Recognises that, directive is the only suiatable legislative form of EU legislative act on public procurement and 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;

Or. en

Amendment 243

Andreas Schwab, Christian Doleschal

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

3. Recognises that, in order to make public procurement more consistent and accessible, particularly for SMEs, the updated versions of directives should continue to be strictly procedural in character, specifying how rather than what to buy; calls for ensuring that sectoral legislation remains harmonised with the overall procurement frameworks and remains restricted to technical specifications;

Or. en

Amendment 244

Maria Grapini

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

Or. ro

Amendment 245

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

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 and social enterprises, updated versions of the directives must address the complexity of the current rules and ensure legal certainty for contracting authorities; stresses that clear and binding rules on non-price criteria can help contracting authorities in this regard;

Or. en

Amendment 246

Petr Bystron

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 focus on maintaining national sovereignty in procurement decisions, specifying how to conduct procurement rather than imposing what should be bought;

Or. en

Amendment 247

Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

3. Recognises that, in order to make public procurement more consistent and accessible, particularly for SMEs, the updated versions of directives should continue to be procedural in character, specifying how rather than what to buy, and leave to the sectorial legislation the definition of technical specifications;

Or. en

Amendment 248

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Nikola Minchev, Veronika Cifrová Ostrihoňová, Morten Løkkegaard

Motion for a resolution

Paragraph 3

Motion for a resolution

Amendment

Or. en

Amendment 249

Sandro Gozi, Stéphanie Yon-Courtin, Jeannette Baljeu

Motion for a resolution

Paragraph 3 a (new)

Motion for a resolution

Amendment

3 a. Recognises that the increasing tendency to use public procurement as a vehicle for multiple, sometimes conflicting policy objectives, risks adding complexity, bureaucracy and procedural burdens, rather than delivering tangible market impact; calls, therefore, for a consolidation and a clarification of the interactions between public procurement provisions across different pieces of legislation, to simplify their application by contracting authorities;

Or. en

Amendment 250

Kateřina Konečná

Motion for a resolution

Paragraph 3 a (new)

Motion for a resolution

Amendment

3 a. Regrets that in the existing public procurement framework, it is optional for authorities to include criteria related to quality or social standards, severely limiting the strategic scope of public procurement and thereby promoting lowest price tendering;

Or. en

Amendment 251

Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

deleted

Or. en

Amendment 252

Hanna Gedin, Per Clausen, Leila Chaibi

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 – the promotion of most economically advantageous tender criteria, competition, and anti-criminal and anti-corruption measures – remain valid in the context of the upcoming reform; urges, therefore, for better legal clarity in the upcoming revision so that the MEAT criteria can be fully implemented by procuring authorities; reiterates that the ability to introduce social clauses, such as promotion of collective bargaining, would be a cost-effective way of increasing competitiveness for serious actors, enhance local wealth and resilience, and to reduce the rate of criminality and corruption;

Or. en

Amendment 253

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

4. Reiterates that public procurement while using public funds must be transparent, ethical and benefit citizens; believes, therefore, that principles of equal treatment, transparency, – competition and anti-corruption measures – remain valid and should not be compromised in the context of the upcoming reform; stresses that public money, including tax contributions by workers, should contribute to guaranteeing high environtemntal standards as well as the creation of quality jobs and promote collective bargaining and should not finance the exploitation of workers and unfair dumping;

Or. en

Amendment 254

Maria Grapini

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

considers it important for there to be a combination of criteria, alongside value for money, including impact on quality jobs, local and regional development, and gender balance;

Or. ro

Amendment 255

Petr Bystron

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, ensuring that Member States have the autonomy to prioritize their national interests and security in procurement processes;

Or. en

Amendment 256

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

4. Reiterates that taxpayers’ money should be spent with utmost prudence and transparency to the benefit of long-term societal objectives; believes, therefore, that three guiding principles – value for money over the entire life-cycle of the procured goods or services, competition and good governance– should guide the upcoming reform;

Or. en

Amendment 257

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard, Svenja Hahn

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

4. Reiterates that taxpayers’ money should be spent with utmost prudence and transparency and directed where possible at sustainable economic growth; believes, therefore, that three guiding principles – value for money, competition and anti-corruption measures – remain valid in the context of the upcoming reform;

Or. en

Amendment 258

Johan Danielsson, Adnan Dibrani, Pierfrancesco Maran

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 crime and fraud prevention among service providers should be be given increased importance in the context of the upcoming reform;

Or. en

Amendment 259

Klara Dostalova, Jaroslav Bžoch, Filip Turek

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 – efficiency, competition and anti-corruption measures – remain valid in the context of the upcoming reform;

Or. en

Amendment 260

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Paragraph 4

Motion for a resolution

Amendment

Or. en

Amendment 261

Kateřina Konečná

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, fair competition and anti-corruption measures – remain valid in the context of the upcoming reform;

Or. en

Amendment 262

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 4 a (new)

Motion for a resolution

Amendment

4 a. Stresses that the revision should focus on reducing unnecessary administrative burdens and simplifying procedures, combatting criminal practises in business, and enhancing cross border oversight mechanisms as well as promoting quality jobs, collective bargaining and environmental sustainability, as these remain the root cause of many challenges;

Or. en

Amendment 263

Leila Chaibi

Motion for a resolution

Paragraph 4 a (new)

Motion for a resolution

Amendment

4 a. Recalls that services that are essential and inherent to the smooth running of the missions of a public authority -such as canteen or cleaning services- shall be directly managed by this authority and the workers have to be employed by it, and should not be awarded by public procurement;

Or. en

Amendment 264

Gaetano Pedulla'

Motion for a resolution

Paragraph 4 a (new)

Motion for a resolution

Amendment

4 a. recommends to follow the good practices of the Member States to try to prevent the possible awarding of contracts to companies that may be influenced by organised crime, including mafia-type crime;

Or. en

Amendment 265

Christel Schaldemose

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;

deleted

Or. en

Amendment 266

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

deleted

Or. en

Amendment 267

Stefano Cavedagna, Denis Nesci

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

5. Recognises, in this context, that while public procurement can be a useful tool for supporting strategic industrial sectors essential to the security of output and to the EU's economic stability, it must not be used as an instrument to sustain failed and economically unsustained industrial policies; in particular, attention is drawn to the risks arising from the use of public procurement as a tool to support initiatives linked to the ecological transition, in the context of the Green Deal, or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;

Or. it

Amendment 268

Gaetano Pedulla'

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;

Or. en

Amendment 269

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

5. Recognises, in this context, that public procurement can support strategic industries essential to the security of industrial output and economic stability; highlights the role of public procurement as an economic tool to foster a healthy internal market with quality jobs, quality products and services and which has a spill-over effect to the EU economy at large; stresses therefore that public procurement, as a powerful level for the internal market, must align with article 3(3), of the Treaty of the European Union;

Or. en

Amendment 270

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

5. Firmly believes that public procurement must support strategic industries essential to the resilience and competitiveness of the EU, while fostering the transition towards a circular and climate neutral economy;

Or. en

Amendment 271

Petr Bystron

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

Or. en

Amendment 272

Kim Van Sparrentak

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

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;

Or. en

Amendment 273

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Andreas Schwab, Zala Tomašič

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

5. Recognises, in this context, that the awarding of public contracts is a tool for fulfilling tasks whose primary function is to achieve the best value for public tax funds and thus ensure efficient and transparent procurement of goods and services.

Or. en

Amendment 274

Kateřina Konečná

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

Or. en

Amendment 275

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Morten Løkkegaard, Svenja Hahn

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

5. Recognises, in this context, that public procurement can support strategic industries essential to the security of industrial output and economic stability; stresses that European public procurement is essential for achieving strategic objectives, such as innovation and sustainability, in line with the transformation envisaged in the Clean Industrial Deal and in order to contribute to a more resilient and self-supporting Europe;

Or. en

Amendment 276

Regina Doherty, Christian Doleschal

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, compliance with existing EU and Member State regulations and directives should constitute a sufficient qualification for a companies' participation, and the inclusion of any additional criteria should be a matter of contractual agreement between the parties;

Or. en

Amendment 277

Klara Dostalova, Jorge Martín Frías, Jaroslav Bžoch, Filip Turek, Elisabeth Dieringer

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, Net Zero Industry Act, and Clean mobility Act, or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;

Or. en

Amendment 278

Dirk Gotink

Motion for a resolution

Paragraph 5

Motion for a resolution

Amendment

Or. en

Amendment 279

Sandro Gozi, Stéphanie Yon-Courtin

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, 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;

Or. en

Amendment 280

Dóra Dávid

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 policies, or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;

Or. en

Amendment 281

Arba Kokalari

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 or to subsidise non-viable products and services that cannot otherwise compete with traditional market alternatives;

Or. en

Amendment 282

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 5 a (new)

Motion for a resolution

Amendment

5 a. highlights that Europe's foremost competitive advantage stems from high sustainability and social standards; notes in this context that strengthening sustainability and social aspects of the public procurement framework would be a cost-effective way enhance the competitiveness of European actors, as well as ensuring resilience and reinforcing security, both from reliance on non-EU countries and from criminal actors;

Or. en

Amendment 283

Piotr Müller

Motion for a resolution

Paragraph 5 a (new)

Motion for a resolution

Amendment

5 a. Urges the Commission, in light of the economic slowdown and rising public debt, to carefully assess any legal changes that could further constrain the purchasing power of contracting authorities and limit available vendors, as such constraints would ultimately undermine citizens' access to high-quality public services and infrastructure;

Or. en

Amendment 284

Svenja Hahn

Motion for a resolution

Paragraph 5 a (new)

Motion for a resolution

Amendment

5 a. Cautions against the use of public procurement for protectionist purposes; underlines, in this context, that a clearly stated European preference might not be compliant with the Union’s WTO commitments;

Or. en

Amendment 285

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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;

deleted

Or. en

Amendment 286

Christel Schaldemose

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

deleted

Or. en

Amendment 287

Gaetano Pedulla'

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

deleted

Or. en

Amendment 288

Kim Van Sparrentak

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

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 innovation efforts of the industry and 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 promote collective bargaining and compliance with EU and national labour rights and laws, including decent working conditions;

Or. en

Amendment 289

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Opposes the preferential treatment given bidders solely on the basis of lowest price; recognizes that over-reliance of lowest price in the majority of contracts account to indirect discrimination against actors with collective agreements; is concerned about the effect this preferential treatment, which promotes criminal behaviour and worse quality products and services; insists that public procurement must remain competition-driven and thus open to all actors, including serious actors who pay their workers fairly and promote collective bargaining;

Or. en

Amendment 290

Jeannette Baljeu, Ivars Ijabs, Yvan Verougstraete, Sandro Gozi, Stéphanie Yon-Courtin, Nikola Minchev, Anna-Maja Henriksson, Veronika Cifrová Ostrihoňová, Cynthia Ní Mhurchú, Morten Løkkegaard

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Calls for special attention to the use of strategic public procurement for resilience, security of supply, sustainability and fair competition; underlines the need to reduce the Union’s dependencies in the most sensitive industrial ecosystems; underlines that due consideration shall be given to the need for clear rules regarding the treatment of products and economic operators from third countries; insists that public procurement must remain technology neutral and competition-driven;

Or. en

Amendment 291

Kateřina Konečná

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Opposes the preferential treatment given to green technologies in public procurement; insists that public procurement must remain technology neutral;

Or. en

Amendment 292

Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Recognises that, in order to unlock the full potential of sustainable public procurement, mandatory sustainability criteria should be incorporated in the directives;

Or. en

Amendment 293

Salvatore De Meo

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Stresses that if a technology cannot sustain itself in the market without subsidies, it may be an indication that it is not commercially viable; insists that public procurement must remain technology neutral and competition-driven;

Or. it

Amendment 294

Petr Bystron

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

Or. en

Amendment 295

Dóra Dávid

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Stresses that if a technology cannot sustain itself in the market without subsidies, it may be an indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;

Or. en

Amendment 296

Dirk Gotink

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Stresses that if a technology cannot sustain itself in the market without subsidies, it can be an indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;

Or. en

Amendment 297

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Supports building on successful sustainable and innovative procurement approaches developed by EU Member States; stresses that overreliance on lowest price as the sole award criterion directly undermines clean and innovative solutions developed by European companies, in particular SMEs, which are the engine of the EU’s long term competitiveness;

Or. en

Amendment 298

Regina Doherty

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Recognises the importance that clean technology plays in the economy, stresses that support measures should not distort the level playing field; highlights that long-term commercial viability should be a guiding principle when assessing technologies for public investment;

Or. en

Amendment 299

Stefano Cavedagna, Denis Nesci

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 may be an indication that it is not commercially viable; insists that public procurement must remain technology neutral and competition-driven;

Or. it

Amendment 300

Andreas Schwab

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Insists that public procurement must remain technology neutral and competition-driven; reiterates the importance for European tenders to remain as open as possible; recognises however that strategic criteria linked to the subject matter of the contract might be relevant during this tense geopolitical era;

Or. en

Amendment 301

Stefano Cavedagna, Denis Nesci

Motion for a resolution

Paragraph 6 – subparagraph 1 (new)

Motion for a resolution

Amendment

Stresses the importance of maintaining the framework for social services, which makes it possible for Member States to adopt a light regime, and the framework for reserved contracts for the integration of persons with a disability and disadvantaged people into the labour market;

Or. it

Amendment 302

Regina Doherty

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. Notes the emergence of calls for a 'Buy European' approach in public procurement; warns, however, that protectionist measures risk undermining the competitiveness of European industry and limiting access to global markets at a time of growing economic uncertainty; believes that Europe must remain open, outward-looking and committed to free global trade; nevertheless, recognises the merit in exploring targeted approaches to support key strategic sectors, particularly defence manufacturing and energy production, where security and resilience are paramount;

Or. en

Amendment 303

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. calls on clarification of the possibility for procuring authorities to reject abnormally low bids in order to promote competition; calls furthermore on the possibility for public authorities to reject bids which undercut competition from companies with collective bargaining agreements in order to avoid indirect discrimination;

Or. en

Amendment 304

Aura Salla

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. Stresses the need for public procurement frameworks designed to enhance the participation of innovative start-ups and scale-ups through innovation-friendly procurement criteria and reduced administrative barriers, to help foster innovation and the market entry of emerging companies;

Or. en

Amendment 305

Andreas Schwab

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. Calls for exploring with caution the possibility of introducing, in addition to the value for money criteria, some targeted criteria related to the resilience for some vital technologies, products and services;

Or. en

Amendment 306

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. Calls on Member States to establish of national action plans on strategic procurement;

Or. en

Amendment 307

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 b (new)

Motion for a resolution

Amendment

6 b. recollects Court of Justice of the European Union (CJEU) judgement in Case C-395/18 which establishes that the horizontal mandatory social clause is a principle, like the other principles referred to in paragraph 1 of that article, namely the principles of non-discrimination, equal treatment, transparency and proportionality; reminds that the mandatory horizontal social clause transcends through the directive and stands above the lowest price option; calls on the European Commission to emphasise that Article 18(2) is ensured across all articles in the public procurement;

Or. en

Amendment 308

Regina Doherty

Motion for a resolution

Paragraph 6 b (new)

Motion for a resolution

Amendment

6 b. Stresses that public procurement must remain technology-neutral and competition-driven, while ensuring that evaluation criteria allow for cost-effective and market-ready innovations that deliver long-term value;

Or. en

Amendment 309

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 c (new)

Motion for a resolution

Amendment

6 c. considers that the prevailing practice of awarding public contracts based on the lowest price criterion alone gives way to abnormally low bids and contributes to social dumping and unfair competition that puts companies that respect good working conditions and collective agreements, as well as smaller actors, at a disadvantage; firmly believes that the EU public procurement framework should promote fair competition and a level playing field;

Or. en

Amendment 310

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 d (new)

Motion for a resolution

Amendment

6 d. reinforces that companies violating core labour rights should not benefit from public contracts; is convinced that linking the fundamental ILO Conventions to mandatory exclusion criterion ensures consistency with existing EU and international commitments; calls on the revised public procurement directive to include the fundamental ILO Conventions as mandatory exclusion criterion for public authorities;

Or. en

Amendment 311

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 e (new)

Motion for a resolution

Amendment

6 e. regrets that the current EU Public Procurement directives do not mandatorily exclude public contractors for reasons such as competition distortion and conflict of interest;

Or. en

Amendment 312

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 f (new)

Motion for a resolution

Amendment

6 f. calls for flexibility, in the context of the planned revision, for contracting authorities to design, adapt and apply exclusion criteria in procurement procedures according to the specific sectoral risks of fraud, corruption and organised crime; stresses that different sectors require distinct tailored exclusion criteria that reflecting their distinct vulnerabilities; Firmly believes that contracting authorities should be empowered to adapt procurement procedure to combat and address criminal activities; 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, public-public partnerships are and must remain available options and not be put under pressure;

Or. en

Amendment 313

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 g (new)

Motion for a resolution

Amendment

6 g. considers furthermore that contracting authorities must be able to have the autonomy to exclude bids based on security risks or out of respect for fundamental human rights and international law;

Or. en

Amendment 314

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 h (new)

Motion for a resolution

Amendment

6 h. considers that socially responsible public procurement (SRPP) and the social market economy offer a great unexploited growth potential for European companies; welcomes the Clean Industrial Deal’s emphasis on the use of social conditionalities in public funding;

Or. en

Amendment 315

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 i (new)

Motion for a resolution

Amendment

6 i. strongly believes that public procurement is a key lever to achieve social, green, innovative and other public policy objectives and supports the Commission’s intention to mainstream non-price criteria with a view to boost strategic procurement in the Union;

Or. en

Amendment 316

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 6 j (new)

Motion for a resolution

Amendment

6 j. Reiterates that the main challenge in public procurement is the over-reliance on lowest price as a criterion; calls for the rejection of the practice of awarding public contracts based solely on the lowest price; considers that procurement procedures based on the most economically advantageous tender (MEAT) as a significant step in the right direction;

Or. en

Amendment 317

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolution

Amendment

6 a. Stresses the findings of the European Court of Auditors that most Member States’ contracting authorities implement strategic procurement to a very limited extent and the share of procedures using award criteria other than price is very limited despite the 2014 reform that allowed to take other criteria into account on a voluntary basis;

Or. en

Amendment 318

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 k (new)

Motion for a resolution

Amendment

6 k. reminds in that context that the application of the Horizontal Social Clause is mandatory and welcomes the clarification by the Court of Justice of the European Union (CJEU) that the social and environmental obligations in the Horizontal Social Clause are “a cardinal value with which the Member States must ensure compliance”; expresses concern over the European Parliament study which found that the transposition of the Horizontal Social Clause of Directive 2014/24/EU has been the most problematic, and that it has not been transposed in line with the Directive in some Member States;

Or. en

Amendment 319

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 6 b (new)

Motion for a resolution

Amendment

6 b. Notes with concern that most of the Member States award more than half of their public tenders based on lowest price alone; is especially alarmed that 10 Member States in 2023 awarded more than 80 percent of their public tenders based on lowest price alone; takes note of that the European Court of Auditors’ conclusion that “the level of competition for public contracts to deliver works, goods and services, decreased over the past 10 years in the EU single market”;

Or. en

Amendment 320

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 6 c (new)

Motion for a resolution

Amendment

6 c. Recalls that the Strategic Analysis Report on the construction sector of the European Labour Authority (2023) and the Commission report on the application and implementation of the revised Posting of Workers Directive (2024) have determined that long and complex subcontracting chains have often been misused and lead to unclear accountability and difficulty to ensure compliance with public procurement contracts and labour obligations, to increased risks of undeclared work, reduced labour protections, accidents at work, exploitation of workers, wage dumping, etc;

Or. en

Amendment 321

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 6 l (new)

Motion for a resolution

Amendment

6 l. calls on the Commission to simplify the procedure under which contracting authorities can establish that a tender is abnormally low because it does not comply with applicable obligations referred to in the Horizontal Social Clause;

Or. en

Amendment 322

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 6 d (new)

Motion for a resolution

Amendment

6 d. Stresses that procurement rules and the lack of strong and effective social conditions have created a downward pressure on labour costs and collective bargaining, and subsequently working conditions and wages for workers under public contracts; calls for the introduction of simple social criteria, for example related to collective bargaining;

Or. en

Amendment 323

Virginie Joron, Elisabeth Dieringer

Motion for a resolution

Paragraph 7

Motion for a resolution

Amendment

deleted

Or. fr

Amendment 324

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

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 especially considering the lack of transparency and accountability resulting from below threshold procurement processes, discouraging cross-border bids and the participation of smaller business, creating an uneven playing field and hampering more positive social effects of public procurement; recognises also that the current EU legal framework does not provide sufficient legal certainty for contracting authorities wishing to effectively apply environmental criteria, protect and promote collective bargaining and quality jobs;;stresses that clear, mandatory and harmonized criteria are necessary to ensure fair competition and a level playing field facilitating market access throughout the EU;

Or. en

Amendment 325

Hanna Gedin, Per Clausen, Leila Chaibi

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, and that legal uncertainty persists for contracting authorities willing to promote collective bargaining and quality jobs, discouraging references to collective bargaining agreements in public procurement tenders, cross-border bids and the participation of smaller actors, including actors which pay their workers fairly and actors which offer collective bargaining agreements, and creating an uneven playing field and hampering more positive social effects of public procurement; stresses that the current EU legal framework does not provide sufficient legal certainty for procuring authorities wishing to effectively protect and promote collective bargaining and quality jobs;

Or. en

Amendment 326

Kateřina Konečná

Motion for a resolution

Paragraph 7

Motion for a resolution

Amendment

7. Recognises that significant discrepancies remain between Member States in the implementation and enforcement of public procurement rules, and that legal uncertainty persists for contracting authorities willing to more strongly promote collective bargaining and quality jobs,, discouraging cross-border bids, references to collective agreements, participation of smaller business and creating an uneven playing field and hampering more positive social effects of public procurement; the current EU public procurement framework does not provide sufficient legal certainty for procuring authorities wishing to effectively protect and promote collective bargaining and quality jobs;

Or. en

Amendment 327

Klara Dostalova, Jaroslav Bžoch, Filip Turek

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; emphasizes that these disparities are particularly problematic for countries dealing with exchange rate fluctuations, which introduces additional financial uncertainty and risk for businesses operating across borders and must be addressed to ensure fair competition throughout the single market;

Or. en

Amendment 328

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 7

Motion for a resolution

Amendment

Or. en

Amendment 329

Christian Doleschal, Marion Walsmann, Daniel Caspary, Regina Doherty, Gheorghe Falcă, Zala Tomašič

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolution

Amendment

7 a. Note that, in the context of procuring goods and in accordance with the constitutional structures of the Member States — particularly the protection of regional and local self-government under Article 4(2) of the Treaty on European Union — local authorities have the discretion to determine how to fulfill their procurement needs. They may choose to supply goods internally, cooperate with other public entities, or engage the market through procurement procedures;

Or. en

Amendment 330

Hanna Gedin, Leila Chaibi

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolution

Amendment

7 a. 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, public/public partnerships are and must remain possibilities and must not be jeopardized through any future revisions of the public procurement frameworks;

Or. en

Amendment 331

Virginie Joron, Filip Turek, Elisabeth Dieringer

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolution

Amendment

7a. Underlines that using the lowest price criterion in the award of public contracts, when not accompanied with consideration of qualitative or strategic criteria, is likely to have counterproductive and harmful effects in the long term, in particular by holding back innovation in businesses;

Or. fr

Amendment 332

Aura Salla

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolution

Amendment

7 a. Notes with concern the insufficient use of innovation-friendly procurement methods, urges Member States and the Commission to actively promote these methods to support innovative solutions, particularly from start-ups and SMEs, thus boosting economic growth and technological progress in the EU;

Or. en

Amendment 333

Kateřina Konečná

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolution

Amendment

7 a. Regrets that the voluntary approach to strategic public procurement in relation to the EU’s social commitments, has resulted in greater legal uncertainty and maintainedas such promotes the lowest-cost model of EU public procurement;

Or. en

Amendment 334

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 7 b (new)

Motion for a resolution

Amendment

7 b. regrets that the strong requirement for a ‘link to the subject matter’ and the ban on references to ‘general corporate policies’ for procurement criteria 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 based on their best interests;

Or. en

Amendment 335

Kateřina Konečná

Motion for a resolution

Paragraph 7 b (new)

Motion for a resolution

Amendment

7 b. Regrets that the strong requirement for a ‘link to the subject matter’ and the ban on references to ‘general corporate policies’ for procurement criteria led to widespread legal uncertainty for, and litigation against, public authorities wishing to include strong social criteria related to collective bargaining in tenders;

Or. en

Amendment 336

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 7 c (new)

Motion for a resolution

Amendment

7 c. believes that the revision of the public procurement Directives should clarify the notion of the ‘link-to-subject matter’ with regard to use of sustainability and social criteria and 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 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 to ensure fair competition;

Or. en

Amendment 337

Kateřina Konečná

Motion for a resolution

Paragraph 7 c (new)

Motion for a resolution

Amendment

7 c. Regrets that public authorities making contracts conditional on respecting applicable collective agreements have been faced with procedures stating these conditions were discriminatory and unproportional;

Or. en

Amendment 338

Salvatore De Meo

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; acknowledges, consequently, the need to step up competition in excessively concentrated markets, in particular with regard to the supply of critical components;

Or. it

Amendment 339

Arba Kokalari

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

Or. en

Amendment 340

Petr Bystron

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; highlights that excessive EU regulation and bureaucracy have contributed to this decline by discouraging local businesses and national contractors from participating;

Or. en

Amendment 341

Stefano Cavedagna, Denis Nesci

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; acknowledges, therefore, the need to step up competition in excessively concentrated markets, in particular with regard to the supply of critical components;

Or. it

Amendment 342

Dóra Dávid

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, and that even when there is more than one bid, they bear the signs of being only supporting bids, intended to help a pre-arranged winner;

Or. en

Amendment 343

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 8

Motion for a resolution

Amendment

8. Takes note that competition in public procurement has 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, which is a barrier to sustainable and innovative procurement;

Or. en

Amendment 344

Kateřina Konečná

Motion for a resolution

Paragraph 8

Motion for a resolution

Amendment

8. Notes that competition in public procurement has 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

Amendment 345

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 8

Motion for a resolution

Amendment

8. Notes that competition in public procurement has 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

Amendment 346

Hanna Gedin, Leila Chaibi

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 for contracting authorities, limiting the ability for contracting authorities to procure services and products based on their specific needs, thus limiting the ability for contracting authorities to independently make decisions in public procurement and get best value for their money; stresses that overly complex administrative burdens for contracting authorities has resulted in a culture of contracting authorities avoiding implementation of social clauses, favouring instead reliance on the lowest bid; highlights that contracting authorities also face the risk of appeal to courts when factors other than lowest price are included in the tender, both with regard to contract award criteria and to contract performance criteria1a; notes that this is also 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;

_________________

1a https://www.europarl.europa.eu/RegData/etudes/STUD/2023/740095/IPOL_STU(2023)740095_EN.pdf

Or. en

Amendment 347

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; stresses that excessive administrative burdens and a lack of flexibility also place a significant strain on economic operators as well as public contracting authorities, particularly smaller local and regional governments, hindering their ability to efficiently deliver essential public services; cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;

Or. en

Amendment 348

Piotr Müller

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; stresses that excessive administrative burdens and a lack of flexibility also place a significant strain on public contracting authorities, particularly local and smaller regional governments, hindering their ability to efficiently deliver essential public services; cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;

Or. en

Amendment 349

Christian Doleschal, Marion Walsmann, Daniel Caspary, Sebastião Bugalho, Regina Doherty, Gheorghe Falcă, Dirk Gotink, Andreas Schwab, Zala Tomašič

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; Emphasizes that excessive administrative burdens and limited flexibility also put considerable pressure on public contracting authorities, especially local and smaller regional governments, obstructing their capacity to efficiently provide essential public services; Cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;

Or. en

Amendment 350

Arba Kokalari

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, additionally, the lack of a unified digital infrastructure for procurement platforms remains a barrier for businesses, particularly SMEs, contributing to inefficiencies and increasing costs;

Or. en

Amendment 351

Christel Schaldemose

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; stresses that administrative burdens also place a strain on public contracting authorities; cautions that the ECA Special Report indicates that the length of administrative procedures has increased since 2021;

Or. en

Amendment 352

Klara Dostalova, Jaroslav Bžoch, Filip Turek, Virginie Joron

Motion for a resolution

Paragraph 9

Motion for a resolution

Amendment

9. While it is not always due to a regulatory framwork it should be noted 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

Amendment 353

Anna Cavazzini, Reinier Van Lanschot, Katrin Langensiepen, Alexandra Geese

Motion for a resolution

Paragraph 9

Motion for a resolution

Amendment

9. Notes that procurement procedures are complex and burdensome, creating unnecessary administrative hurdles that deter a diverse range of suppliers, including cross-border suppliers, from participating 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

Amendment 354

Petr Bystron

Motion for a resolution

Paragraph 9

Motion for a resolution

Amendment

Or. en

Amendment 355

Virginie Joron, Elisabeth Dieringer

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 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. fr

Amendment 356

Pierre Jouvet, Laura Ballarín Cereza, Elisabeth Grossmann, Idoia Mendia, François Kalfon, Estelle Ceulemans, Raphaël Glucksmann, Maria Guzenina, Brando Benifei, Pierfrancesco Maran

Motion for a resolution

Paragraph 9

Motion for a resolution

Amendment

9. Notes that procurement procedures have become increasingly complex and burdensome, creating 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

Amendment 357

Tomáš Zdechovský

Motion for a resolution

Paragraph 9 a (new)

Motion for a resolution

Amendment

9 a. Stresses that, in order to effectively achieve net zero carbon objectives, sectors playing a decisive role in decarbonisation should be entirely excluded from the scope of the sectoral directive; highlights that this exclusion should specifically cover activities related to the production of electricity and heat from renewable and low-carbon sources, the strengthening and modernisation of transmission and distribution infrastructure, and the deployment of systems for low-carbon gases and RFNBOs, including their wholesale and retail supply; emphasises that the significant delays in implementing critical energy infrastructure projects are not solely attributable to lengthy permitting processes; underlines that the principal cause of such delays lies in the obligation for contracting entities operating in these sectors to comply with the provisions of the Utilities Directive (2014/25/EU);

Or. en

Amendment 358

Kateřina Konečná

Motion for a resolution

Paragraph 9 a (new)

Motion for a resolution

Amendment

9 a. Stresses that procurement rules and the lack of strong and effective social conditions have created a downward pressure on labour costs and collective bargaining, and subsequently working conditions and wages for workers under public contracts; calls for the introduction of simple social criteria, for example related to collective bargaining;

Or. en

Amendment 359

Hanna Gedin, Per Clausen, Leila Chaibi

Motion for a resolution

Paragraph 9 a (new)

Motion for a resolution

Amendment

9 a. stresses that procurement rules and the lack of strong and effective social conditions have created a downward pressure on labour costs and collective bargaining, and subsequently working conditions and wages for workers under public contracts; calls for the introduction of simple social criteria, for example related to collective bargaining;

Or. en

Amendment 360

Pablo Arias Echeverría

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; underlines the need to establish enhanced publication and justification obligations for all contracts awarded by means of a negotiated procedure without prior call for competition, in order to ensure a minimum level of competition, traceability and control, avoiding abusive uses of legislative exceptions;

Or. es