Marché public

Texte tel que publié par le PE, en anglais.

1. Amendement 1Adopté

   Recital N a (new)

   Déposé par Marina Mesure, Leila Chaibi · The Left

   Ajouté: Na. whereas considering the challenges related to European industrial sovereignty and the need to preserve and strengthen European jobs and know-how, public procurement should be used as a major strategic lever to promote the creation of added value within the EU, thereby enhancing industrial resilience and the sustainability of European supply chains;

2. Amendement 2Adopté

   Recital N b (new)

   Déposé par Leila Chaibi, Marina Mesure · The Left

   Ajouté: Nb. whereas contracting authorities in the EU should be allowed to give preference to bids that include a significant proportion of added value produced within the EU;

3. Amendement 3Adopté

   Paragraph 4

   Déposé par Leila Chaibi, Marina Mesure · The Left

   … development, promoting access for SMEs and boosting the EU’s competitiveness and security, Supprimé: including by addressing Ajouté: preventing social dumping and preserving our economic and industrial sovereignty, in order to address harmful dependencies in respect of certain vital products and services; advises against …

4. Amendement 4Adopté

   Paragraph 6 a (new)

   Déposé par Leila Chaibi, Marina Mesure · The Left

   Ajouté: 6a. Notes that international competition is putting pressure on numerous industrial sectors in Europe through overcapacity and price dumping, and therefore expects that, in addition to promoting green and social initiatives, lead markets should also be anchored in public tenders in order to strengthen Europe’s strategic independence in key sectors, giving priority to European bidders within these sectors;

5. Amendement 5Rejeté

   Paragraph 11

   Déposé par Leila Chaibi, Marina Mesure · The Left

   11. Urges the Supprimé: Commission, in the 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 could ultimately undermine citizens’ access to high-quality public services and infrastructure; underlines that due consideration must Ajouté: Commission to withdraw the EU from the WTO Agreement on Government Procurement to ensure that future EU legislation and financial programmes allow exclusive preference to be given to Supprimé: the need for clear rules regarding the treatment of products and economic operators from non-EU countries; cautions, however, against the use of procurement for protectionist purposes; underlines, in this context, that European preference should be compliant with the EU’s WTO commitments; Ajouté: EU-based undertakings;

6. Amendement 7Rejeté

   Paragraph 36

   Déposé par Anthony Smith, Marina Mesure · The Left

   … training of contracting authorities to effectively implement the EU public procurement framework; Ajouté: calls for training programmes for contracting authorities to include modules on verifying compliance with occupational health and safety obligations, and on the procedures for checking employers’ mandatory training certificates, to be required of tenderers and subcontractors at the selection and contract performance stages;

7. Amendement 8Rejeté

   Paragraph 39

   Déposé par Anthony Smith, Marina Mesure · The Left

   … 2014/24/EU should effectively be excluded from the public procurement process in question; Ajouté: calls for the mandatory exclusion of economic operators that have been convicted of non-compliance with rules regarding working conditions and occupational health and safety, including where the infringement is committed by a subcontractor within the execution chain, in line with the principle of proportionality;

8. Amendement 9Rejeté

   Paragraph 39 a (new)

   Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

   Ajouté: 39a. Considers that contracting authorities must be allowed the autonomy to exclude bids based on security risks or out of respect for fundamental human rights and international law;

9. Amendement 12Rejeté

   Paragraph 63 a (new)

   Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

   Ajouté: 63a. Calls on the Commission to clarify, in line with the CJEU judgment in Case C-395/18, that the requirements in Article 18(2) of Directive 2014/24/EU, relating to environmental, social and labour law, constitute a binding principle, like the other principles referred to in Article 18(1) of the Directive, namely the principles of equal treatment, non-discrimination, transparency and proportionality; calls on the Commission to ensure that the horizontal social clause is applied across articles in the revision of the public procurement directives; stresses that a lack of legal clarity for contracting authorities has resulted in a widespread fear of litigation and a chilling effect regarding the application of social considerations in the different stages of the procurement process;

10. Amendement 13Rejeté

    Paragraph 63 b (new)

    Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

    Ajouté: 63b. Stresses that current public procurement rules and the lack of strong and effective social conditions have created a downward pressure on labour costs and collective bargaining, and subsequently on working conditions and workers’ wages under public contracts; calls for the introduction of mandatory social and sustainability criteria, for example related to collective bargaining, in order to ensure a level playing field and to promote fair competition and fair working conditions;

11. Amendement 14Rejeté

    Paragraph 63 c (new)

    Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

    Ajouté: 63c. Calls for it to be ensured that economic operators that provide good working conditions and apply collective agreements concluded with trade unions are not undercut; considers that significant mandatory award criteria connected to collective bargaining, including the provision of an advantage to tenderers whose workers, and whose subcontractors’ workers, are covered by collective agreements, and full respect for the conditions defined in the International Labour Organization convention 94 on Labour Clauses (Public Contracts) would contribute significantly to the achievement of this objective;

12. Amendement 15Rejeté

    Paragraph 63 d (new)

    Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

    Ajouté: 63d. Regrets that the strong requirement for a ‘link to the subject matter’ and the ban on references to ‘general corporate policies’ in procurement criteria has led to widespread legal uncertainty for, and litigation against, public authorities wishing to include strong social criteria, such as collective bargaining clauses, in tenders; considers this requirement to hamper the ability of contracting authorities to procure on the basis of their best interests;

13. Amendement 16Rejeté

    Paragraph 63 e (new)

    Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

    Ajouté: 63e. Calls on the Commission to clarify the notion of the ‘link to the subject matter’ with regard to the use of sustainability and social criteria, and to establish a maximum weighting for considerations that contracting authorities are allowed to introduce that are not linked to the subject matter, such as activities that support social objectives, or corporate social responsibility policies; calls on the Commission to make clear that the promotion of collective bargaining and fair working conditions should always be considered a relevant requirement linked to the subject matter, in order to provide greater legal certainty to contracting authorities and to ensure fair competition;

14. Amendement 17Rejeté

    Paragraph 64

    Déposé par Anthony Smith, Marina Mesure · The Left

    … of Directive 2014/24/EU, relating to environmental, social and labour law, are binding; Ajouté: calls on the Commission to introduce social conditionality requiring tenderers to submit, at the selection stage, a certificate confirming that employers have completed mandatory training in occupational health and safety, and to carry out periodic checks during the execution stage, with failure to comply with these obligations constituting grounds for exclusion, termination and/or effective contractual penalties;

15. Amendement 18Rejeté

    Paragraph 67

    Déposé par Leila Chaibi, Marina Mesure · The Left

    … of the upcoming review of the public procurement framework, on possible ways Supprimé: and implications of prioritising the ‘European preference’ Supprimé: principle Ajouté: principle, for instance by allowing contracting authorities to give preference to bids including at least 65 % of added value generated within the territory of the EU, in procurement related to strategic Supprimé: industries Ajouté: sectors and key technologies for the future, such as steel, the automotive industry, the transport industry, healthcare and pharmaceuticals, energy, artificial intelligence, quantum technologies, semiconductors, 5G and 6G, biotechnologies, net zero technologies, mobility, chemicals and advanced materials so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; Supprimé: emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal commitments and not excluding like-minded partners; underlines that any measures to promote the participation of European companies should not amount to protectionism or distort competition; recognises, in that context, the importance of businesses that invest and reinvest … and benefiting local communities; invites the Commission, furthermore, to examine opportunities to Supprimé: boost the participation of Ajouté: favour EU-based companies in procurement processes launched for projects financed by EU institutions …

16. Amendement 19Adopté

    Paragraph 67 a (new)

    Déposé par Leila Chaibi, Marina Mesure · The Left

    Ajouté: 67a. Calls for the inclusion, in public procurement procedures concerning projects of strategic interest for the EU – particularly in the fields of critical infrastructure, advanced technologies and critical raw materials – of provisions allowing contracting authorities to require economic operators to establish industrial partnerships with legal entities based in the EU; is of the view that such partnerships should include clauses ensuring the transfer of technologies, know-how or key technical skills to EU-based partners, in full compliance with Union law and international commitments;

17. Amendement 20Rejeté

    Paragraph 75

    Déposé par Hanna Gedin, Per Clausen, Leila Chaibi +2 · The Left

    … encompass their track record of compliance with applicable labour, human rights and Ajouté: international law, as well as environmental laws; underlines that effective interoperability and cross-border accessibility of these registers …

18. Amendement 21Rejeté

    Recital AE a (new)

    Déposé par Li Andersson · EMPL

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

19. Amendement 23Rejeté

    Recital AG a (new)

    Déposé par Li Andersson · EMPL

    Ajouté: AGa. whereas the most underdeveloped area in socially responsible public procurement (SRPP)1a is the use of public procurement to address gender inequalities; whereas some contracting authorities at regional or local level have systems in place to monitor contracts and collect statistics that are relevant for SRPP and gender-responsive public procurement, but these are not available or harmonised at national level; 1a European Parliament study of 24 October 2023 entitled ‘The social impact of public procurement – can the EU do more?’.

20. Amendement 24Rejeté

    Paragraph 63 a (new)

    Déposé par Li Andersson · EMPL

    Ajouté: 63a. Welcomes the acknowledgment of the Commission in its Clean Industrial Deal communication that ‘the use of social conditionalities in public funding ensures that workers benefit from the support provided to industry, including to promote collective bargaining’1a; welcomes the Commission’s intention to support labour and social standards in order to ensure that the transition is fair and equitable for all in the context of the revision of the legislative framework on public procurement; highlights the fact that the Letta report called for public procurement legislation to ensure that contracts foster the creation of high-quality jobs, characterised by fair wages and conditions underpinned by collective agreements; 1a Clean Industrial Deal communication, page 21.

21. Amendement 25Rejeté

    Paragraph 64 a (new)

    Déposé par Li Andersson · EMPL

    Ajouté: 64a. Calls on the Commission, in order to promote collective bargaining and fair competition across the EU, to introduce award criteria related to ensuring decent working conditions, including giving adequate weighting to companies whose workers and whose subcontractors’ workers are covered by collective agreements;

22. Amendement 28Rejeté

    Paragraph 82 b (new)

    Déposé par Li Andersson · EMPL

    Ajouté: 82b. Stresses that the gender perspective of public procurement needs to be strengthened to foster gender equality; calls on the Commission to use the upcoming revision to expand Annex X in order to ensure that ILO Conventions No 100 and No 111 are included therein, along with the Pay Transparency Directive1a, the Work Life Balance Directive1b and the Women on Boards Directive1c; 1a Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132, 17.5.2023, pp. 21, ELI: http://data.europa.eu/eli/dir/2023/970/oj). 1b Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79, ELI: http://data.europa.eu/eli/dir/2019/1158/oj). 1c Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures (OJ L 315, 7.12.2022, p. 44, ELI: http://data.europa.eu/eli/dir/2022/2381/oj).

23. Amendement 29Rejeté

    Recital L a (new)

    Déposé par Sarah Knafo · ESN

    Ajouté: La. whereas to support European businesses, it is more effective and more economical to reserve a share of public procurement for European companies, rather than provide them with aid and subsidies;

24. Amendement 30Rejeté

    Paragraph 66 a (new)

    Déposé par Sarah Knafo · ESN

    Ajouté: 66a. Considers that contracting authorities in the EU should be able to apply regional and/or national preference criteria when awarding their public contracts;

25. Amendement 34Rejeté

    Paragraph 65

    Déposé par Anna Cavazzini · Verts/ALE

    … context of the forthcoming fitness check on EU public procurement legislation to Supprimé: assess the establishment of a Ajouté: establish sector-specific sustainability criteria Supprimé: toolbox comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption of more sustainable Ajouté: public procurement practices, offering clarity for contracting authorities while allowing them to tailor requirements to specific sectors and local economic capacities; requests that the Commission Supprimé: examine Ajouté: address, as part of the upcoming revision of EU public procurement rules, how sustainability-related aspects can be Supprimé: better Ajouté: systematically integrated when applying the principle of the most economically advantageous tender, in order to Ajouté: place value on high-quality products and services and foster innovation and efficient resource use; calls on the Commission to develop …

26. Amendement 35Rejeté

    Paragraph 66

    Déposé par Anna Cavazzini · Verts/ALE

    … market opportunities for products respecting the EU’s objectives, particularly in strategic sectors; Ajouté: calls on the Commission to establish a Buy European and Sustainable Act to support EU strategic autonomy and resilience by introducing European preference and sustainability criteria for goods and services in strategic sectors, such as medicines, pharmaceuticals, clean technologies, and cloud and digital infrastructures;

27. Amendement 36Rejeté

    Paragraph 65

    Déposé par Pierre Jouvet, Laura Ballarín Cereza, Gabriele Bischoff · S&D

    … context of the forthcoming fitness check on EU public procurement legislation to Supprimé: assess the establishment of a Ajouté: establish sector-specific sustainability criteria Supprimé: toolbox comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption Supprimé: of more sustainable procurement practices, Ajouté: and, ultimately, the systematic use of sustainable public procurement, offering clarity for contracting authorities while allowing them to tailor requirements to …

28. Amendement 37Rejeté

    Paragraph 67

    Déposé par Pierre Jouvet, Laura Ballarín Cereza, Gabriele Bischoff · S&D

    … in the context of the upcoming review of the public procurement framework, Supprimé: on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries Ajouté: in order to propose criteria to prioritise European goods and services for strategic sectors, such as heavy industry, medicines, pharmaceuticals, 5G/6G, net zero technologies, cloud infrastructure, AI, food, energy and chemicals, so as to ensure the continuity of critical capabilities in Member States …

29. Amendement 39Rejeté

    Recital R a (new)

    Déposé par Virginie Joron, Klara Dostalova, Ernő Schaller-Baross +3 · PfE

    Ajouté: Ra. whereas non-EU countries that are not part of the WTO Agreement on Government Procurement (GPA) or that have not concluded international agreements with the EU guaranteeing equal and reciprocal access to public procurement cannot participate in EU public procurement processes; whereas in certain sectors, access to European public procurement should be made conditional on the manufacturing of goods within the EU and/or the transfer of non-European technologies, for instance through the establishment of joint ventures;

30. Amendement 42Rejeté

    Paragraph 2 a (new)

    Déposé par Klara Dostalova, Virginie Joron, Ernő Schaller-Baross +3 · PfE

    Ajouté: 2a. Urges the Commission, in the upcoming revision of the public procurement framework in 2026, to propose measures aimed at facilitating and encouraging local, national or European preference in public procurement procedures, to the benefit of a resilient European industrial base; considers this to be essential for enhancing supply chain security, ensuring the protection of the strategic interests of the Member States and strengthening European businesses and products made in Europe;

31. Amendement 46Adopté

    Paragraph 56 a (new)

    Déposé par François-Xavier Bellamy, Christophe Gomart, Isabelle Le Callennec +34 · Members

    Ajouté: 56a. Calls on the Commission to set out clearly that bidders from non-EU countries are not eligible to participate in public procurement procedures conducted within the EU if their country of origin does not give, on the basis of a plurilateral or bilateral agreement on public procurement signed with the EU, reciprocal market access for EU bidders;

32. Amendement 47Adopté

    Paragraph 67

    Déposé par François-Xavier Bellamy, Christophe Gomart, Isabelle Le Callennec +34 · Members

    … out in Article 85 of Directive 2014/25/EU to contracts awarded by contracting Supprimé: authorities; Ajouté: authorities and in Article 15 of Directive 2014/24/EU for targeted strategic sectors;