Public procurement

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1The LeftMotion for a resolution · Recital N a (new)
   Amendment

   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;

   official amendment document ↗
2. Amendment 2The LeftMotion for a resolution · Recital N b (new)
   Amendment

   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;

   official amendment document ↗
3. Amendment 3The LeftMotion for a resolution · Paragraph 4
   Current text

   4. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy and regulatory burdens, simplification, maintaining high social and environmental standards, guaranteeing ambitious local economic development, promoting access for SMEs and boosting the EU’s competitiveness and security, including by addressing harmful dependencies in respect of certain vital products and services; advises against measures that could compromise any of these principles;

   Amendment

   4. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy and regulatory burdens, simplification, maintaining high social and environmental standards, guaranteeing ambitious local economic development, promoting access for SMEs and boosting the EU’s competitiveness and security, 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 measures that could compromise any of these principles;

   official amendment document ↗
4. Amendment 4The LeftMotion for a resolution · Paragraph 6 a (new)
   Amendment

   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;

   official amendment document ↗
5. Amendment 5The LeftMotion for a resolution · Paragraph 11
   Current text

   11. Urges the 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 be given to 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;

   Amendment

   11. Urges the 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 EU-based undertakings;

   official amendment document ↗
6. Amendment 6The LeftMotion for a resolution · Paragraph 14
   Current text

   14. Notes that, in the context of procuring goods and services 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 fulfil their procurement needs; recalls that they may choose to supply goods in house, cooperate with other public entities, or engage with the market through procurement procedures; believes that the freedom and autonomy of public authorities should be safeguarded and respected;

   Amendment

   14. Notes that, in the context of procuring goods and services 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 fulfil their procurement needs; recalls that they may choose to supply goods in house, cooperate with other public entities, or engage with the market through procurement procedures; believes that the freedom and autonomy of public authorities must be safeguarded and respected;

   official amendment document ↗
7. Amendment 7The LeftMotion for a resolution · Paragraph 36
   Current text

   36. Highlights the need to train contracting authorities, including giving an explanation of the rules and adequate clarification of the use of non-price criteria, including the legal basis for the MEAT criteria and the need to ensure the application of Article 18(2) of Directive 2014/24/EU to offer legal certainty to contracting authorities so that they feel more confident using them, while maintaining adequate oversight and data access options; encourages the Commission to further strengthen the professionalisation and training of procurement officials and suggests that the Commission increase funding for further training of contracting authorities to effectively implement the EU public pr…

   Amendment

   36. Highlights the need to train contracting authorities, including giving an explanation of the rules and adequate clarification of the use of non-price criteria, including the legal basis for the MEAT criteria and the need to ensure the application of Article 18(2) of Directive 2014/24/EU to offer legal certainty to contracting authorities so that they feel more confident using them, while maintaining adequate oversight and data access options; encourages the Commission to further strengthen the professionalisation and training of procurement officials and suggests that the Commission increase funding for further training of contracting authorities to effectively implement the EU public pr…

   Excerpt — full text in the official PDF.
   official amendment document ↗
8. Amendment 8The LeftMotion for a resolution · Paragraph 39
   Current text

   39. Calls for a revision of the exclusion criteria in procurement processes, enabling them to better address specific sectoral risks related to fraud, corruption and criminal infiltration; stresses that different sectors require separate tailored exclusion criteria, reflecting their specific vulnerabilities; firmly believes that contracting authorities should be empowered to adapt procurement procedures to combat and address criminal activities; highlights that in order to promote greater efficiency and simplification, the provisions relating to grounds for exclusion should be streamlined through an exhaustive list and a clear distinction between mandatory grounds for exclusion, intended to…

   Amendment

   39. Calls for a revision of the exclusion criteria in procurement processes, enabling them to better address specific sectoral risks related to fraud, corruption and criminal infiltration; stresses that different sectors require separate tailored exclusion criteria, reflecting their specific vulnerabilities; firmly believes that contracting authorities should be empowered to adapt procurement procedures to combat and address criminal activities; highlights that in order to promote greater efficiency and simplification, the provisions relating to grounds for exclusion should be streamlined through an exhaustive list and a clear distinction between mandatory grounds for exclusion, intended to…

   Excerpt — full text in the official PDF.
   official amendment document ↗
9. Amendment 9The LeftMotion for a resolution · Paragraph 39 a (new)
   Amendment

   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;

   official amendment document ↗
10. Amendment 10The LeftMotion for a resolution · Paragraph 54
    Current text

    54. Recalls that the conditions set out in ILO Convention No 94 on Labour Clauses should be respected, and considers that countries that do not comply with them should not be able to access EU public procurement processes;

    Amendment

    54. Emphasises that the conditions set out in ILO Convention No 94 on Labour Clauses should be respected, and considers that countries that do not comply with them should not be able to access EU public procurement processes;

    official amendment document ↗
11. Amendment 11The LeftMotion for a resolution · Paragraph 63
    Current text

    63. Underlines, in the light of CJEU case-law (including Case C-395/18), that contracting authorities are entitled to include requirements based on national labour law in procurement documentation, such as binding collective agreements, minimum employment standards, equal pay provisions, and other relevant social criteria; welcomes the clarification by the CJEU that the social and environmental obligations in the Horizontal Social Clause are ‘a cardinal value with which the Member States must ensure compliance’; calls on the Commission to develop guidance and a legal framework, including clarification of the subject matter and its practical application, that ensures legal certainty and empow…

    Amendment

    63. Underlines, in the light of CJEU case-law (including Case C-395/18), that contracting authorities are entitled to include requirements based on national labour law in procurement documentation, such as collective agreements, minimum employment standards, equal pay provisions, and other relevant social criteria; welcomes the clarification by the CJEU that the social and environmental obligations in the Horizontal Social Clause are ‘a cardinal value with which the Member States must ensure compliance’; calls on the Commission to develop guidance and a legal framework, including clarification of the subject matter and its practical application, that ensures legal certainty and empowers cont…

    Excerpt — full text in the official PDF.
    official amendment document ↗
12. Amendment 12The LeftMotion for a resolution · Paragraph 63 a (new)
    Amendment

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

    Excerpt — full text in the official PDF.
    official amendment document ↗
13. Amendment 13The LeftMotion for a resolution · Paragraph 63 b (new)
    Amendment

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

    official amendment document ↗
14. Amendment 14The LeftMotion for a resolution · Paragraph 63 c (new)
    Amendment

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

    official amendment document ↗
15. Amendment 15The LeftMotion for a resolution · Paragraph 63 d (new)
    Amendment

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

    official amendment document ↗
16. Amendment 16The LeftMotion for a resolution · Paragraph 63 e (new)
    Amendment

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

    official amendment document ↗
17. Amendment 17The LeftMotion for a resolution · Paragraph 64
    Current text

    64. Recognises the significant potential of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while ensuring economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities; recognises that including social clauses, su…

    Amendment

    64. Recognises the significant potential of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while ensuring economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities; recognises that including social clauses, su…

    Excerpt — full text in the official PDF.
    official amendment document ↗
18. Amendment 18The LeftMotion for a resolution · Paragraph 67
    Current text

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal com…

    Amendment

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways of prioritising the ‘European preference’ principle, for instance by allowing contracting authorities to give preference to bids including at least 65 % of added value generated within the territory of the EU, in procurement related to strategic sectors and key technologies for the future, such as steel, the automotive industry, the transport industry, healthcare and pharmaceuticals, energy, artificial intelligence, quantum technologies, semiconductors, 5G and 6G, biotechnologies, net zero technologies, mobility, chemicals and adv…

    Excerpt — full text in the official PDF.
    official amendment document ↗
19. Amendment 19The LeftMotion for a resolution · Paragraph 67 a (new)
    Amendment

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

    official amendment document ↗
20. Amendment 20The LeftMotion for a resolution · Paragraph 75
    Current text

    75. Calls for the urgent simplification of selection criteria, and in that context, also calls on the Commission to explore whether the creation of an EU-level digital database of pre-qualified SMEs and smaller actors could help streamline procedures and enhance access to public tenders; notes the potential for accreditation systems to be used to determine companies’ technical and financial capacity and verify their professional integrity prior to the tender process and that professional integrity criteria should encompass their track record of compliance with applicable labour, human rights and environmental laws; underlines that effective interoperability and cross-border accessibility of…

    Amendment

    75. Calls for the urgent simplification of selection criteria, and in that context, also calls on the Commission to explore whether the creation of an EU-level digital database of pre-qualified SMEs and smaller actors could help streamline procedures and enhance access to public tenders; notes the potential for accreditation systems to be used to determine companies’ technical and financial capacity and verify their professional integrity prior to the tender process and that professional integrity criteria should encompass their track record of compliance with applicable labour, human rights and international law, as well as environmental laws; underlines that effective interoperability and…

    Excerpt — full text in the official PDF.
    official amendment document ↗
21. Amendment 21EMPLMotion for a resolution · Recital AE a (new)
    Amendment

    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;

    official amendment document ↗
22. Amendment 22EMPLMotion for a resolution · Recital AF a (new)
    Amendment

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

    official amendment document ↗
23. Amendment 23EMPLMotion for a resolution · Recital AG a (new)
    Amendment

    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?’.

    official amendment document ↗
24. Amendment 24EMPLMotion for a resolution · Paragraph 63 a (new)
    Amendment

    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…

    Excerpt — full text in the official PDF.
    official amendment document ↗
25. Amendment 25EMPLMotion for a resolution · Paragraph 64 a (new)
    Amendment

    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;

    official amendment document ↗
26. Amendment 26EMPLMotion for a resolution · Paragraph 64 b (new)
    Amendment

    64b. Stresses that it should be ensured that public contracts are awarded to employers who safeguard health and safety at work; calls, therefore, for the addition in Annex X of ILO Conventions No 155 and No 187;

    official amendment document ↗
27. Amendment 27EMPLMotion for a resolution · Paragraph 82 a (new)
    Amendment

    82a. Underlines that the inclusion of social and health services under the ‘light regime’ in the application of the EU’s public procurement rules has had a detrimental effect in certain Member States on the quality and continuity of care and that there have been virtually no cross-border bids, since the provision of these services is very specific to the organisation of the welfare state; calls, therefore, on the Commission to assess the impact of the inclusion of social and health services and to consider revising this inclusion within the scope of Directive 2014/24/EU;

    official amendment document ↗
28. Amendment 28EMPLMotion for a resolution · Paragraph 82 b (new)
    Amendment

    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…

    Excerpt — full text in the official PDF.
    official amendment document ↗
29. Amendment 29ESNMotion for a resolution · Recital L a (new)
    Amendment

    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;

    official amendment document ↗
30. Amendment 30ESNMotion for a resolution · Paragraph 66 a (new)
    Amendment

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

    official amendment document ↗
31. Amendment 31Motion for a resolution · Paragraph 37
    Current text

    37. Notes that awarding public contracts based solely on the lowest price might encourage unfair competition and that this is at the expense of quality, sustainability and social standards; insists that more contracts should be awarded based on the best price-quality ratio, through use of MEAT criteria, meaning that tenders should be evaluated not only on price but also on factors such as quality, regional impact or continuity of supply of complex and essential services; adds that non-price considerations should be given a substantial weight in the overall rating and final decision on the award of contracts;

    Amendment

    37. Notes that awarding public contracts based solely on the lowest price might encourage unfair competition and that this is at the expense of quality, sustainability and social standards; insists that more contracts should be awarded based on the best price-quality ratio, through use of MEAT criteria, meaning that tenders should be evaluated not only on price but also on factors such as quality, regional impact or continuity of supply of complex and essential services; adds that non-price considerations should be given a substantial weight in the overall rating and final decision on the award of contracts, especially for engineering services, which are essential to ensure high-quality, pro…

    Excerpt — full text in the official PDF.
    official amendment document ↗
32. Amendment 32Motion for a resolution · Paragraph 37
    Current text

    37. Notes that awarding public contracts based solely on the lowest price might encourage unfair competition and that this is at the expense of quality, sustainability and social standards; insists that more contracts should be awarded based on the best price-quality ratio, through use of MEAT criteria, meaning that tenders should be evaluated not only on price but also on factors such as quality, regional impact or continuity of supply of complex and essential services; adds that non-price considerations should be given a substantial weight in the overall rating and final decision on the award of contracts;

    Amendment

    37. Notes that awarding public contracts based solely on the lowest price might encourage unfair competition and that this is at the expense of quality, sustainability and social standards; insists that more contracts, especially for intellectual services, should be awarded based on the best price-quality ratio, through use of MEAT criteria, meaning that tenders should be evaluated not only on price but also on factors such as quality, regional impact or continuity of supply of complex and essential services; adds that non-price considerations should be given a substantial weight in the overall rating and final decision on the award of contracts;

    official amendment document ↗
33. Amendment 33Motion for a resolution · Paragraph 76
    Current text

    76. Stresses that the EU public procurement framework must ensure equitable access for SMEs, social economy entities and local businesses by promoting simplified procedures, including by ensuring that companies are not required to re-submit publicly available information in their tender application and by applying proportional requirements based on the local context; calls on the Commission to consider mainstreaming the division of contracts into smaller lots to foster competition and to prevent dominance by large entities, while recognising that contracts should not be divided where there is a genuine technological or efficiency rationale for not doing so; emphasises the need for clear guid…

    Amendment

    76. Stresses that the EU public procurement framework must ensure equitable access for SMEs, social economy entities and local businesses by promoting simplified procedures, including by ensuring that companies are not required to re-submit publicly available information in their tender application and by applying proportional requirements based on the local context; calls on the Commission to consider mainstreaming the division of contracts into smaller lots to foster competition and to prevent dominance by large entities, while recognising that contracts should not be divided where there is a genuine technological or efficiency rationale for not doing so; underlines that this division into…

    Excerpt — full text in the official PDF.
    official amendment document ↗
34. Amendment 34Verts/ALEMotion for a resolution · Paragraph 65
    Current text

    65. Believes that public procurement procedures should encourage and reward innovative and sustainable solutions that can stimulate economic development; highlights the importance of introducing and implementing sustainability criteria across Member States in a way that reflects current EU legislation; calls on the Commission in the context of the forthcoming fitness check on EU public procurement legislation to assess the establishment of a sector-specific sustainability criteria toolbox comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption of more sustainable procurement practices, offering…

    Amendment

    65. Believes that public procurement procedures should encourage and reward innovative and sustainable solutions that can stimulate economic development; highlights the importance of introducing and implementing sustainability criteria across Member States in a way that reflects current EU legislation; calls on the Commission in the context of the forthcoming fitness check on EU public procurement legislation to establish sector-specific sustainability criteria comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption of more sustainable public procurement practices, offering clarity for contract…

    Excerpt — full text in the official PDF.
    official amendment document ↗
35. Amendment 35Verts/ALEMotion for a resolution · Paragraph 66
    Current text

    66. Recommends the implementation of strategic procurement models that prioritise the interests of the EU and the Member States, as well as long-term value and resilience over short-term cost reductions, and offer lead market opportunities for products respecting the EU’s objectives, particularly in strategic sectors;

    Amendment

    66. Recommends the implementation of strategic procurement models that prioritise the interests of the EU and the Member States, as well as long-term value and resilience over short-term cost reductions, and offer lead market opportunities for products respecting the EU’s objectives, particularly in strategic sectors; 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;

    official amendment document ↗
36. Amendment 36S&DMotion for a resolution · Paragraph 65
    Current text

    65. Believes that public procurement procedures should encourage and reward innovative and sustainable solutions that can stimulate economic development; highlights the importance of introducing and implementing sustainability criteria across Member States in a way that reflects current EU legislation; calls on the Commission in the context of the forthcoming fitness check on EU public procurement legislation to assess the establishment of a sector-specific sustainability criteria toolbox comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption of more sustainable procurement practices, offering…

    Amendment

    65. Believes that public procurement procedures should encourage and reward innovative and sustainable solutions that can stimulate economic development; highlights the importance of introducing and implementing sustainability criteria across Member States in a way that reflects current EU legislation; calls on the Commission in the context of the forthcoming fitness check on EU public procurement legislation to establish sector-specific sustainability criteria comprising model award and technical criteria, verification methodologies and contractual provisions, with a view to facilitating the progressive adoption and, ultimately, the systematic use of sustainable public procurement, offering…

    Excerpt — full text in the official PDF.
    official amendment document ↗
37. Amendment 37S&DMotion for a resolution · Paragraph 67
    Current text

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal com…

    Amendment

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, 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 and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the qual…

    Excerpt — full text in the official PDF.
    official amendment document ↗
38. Amendment 38PfEMotion for a resolution · Recital M
    Current text

    M. whereas the revision of public procurement directives should focus on encouraging qualitative criteria, streamlining procurement procedures and ensuring best value for taxpayers’ money; whereas, nevertheless, public procurement rules 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…

    Amendment

    M. whereas the revision of public procurement directives should focus on encouraging qualitative criteria, streamlining procurement procedures and ensuring best value for taxpayers’ money; whereas, nevertheless, public procurement rules must give priority to 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…

    Excerpt — full text in the official PDF.
    official amendment document ↗
39. Amendment 39PfEMotion for a resolution · Recital R a (new)
    Amendment

    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;

    official amendment document ↗
40. Amendment 40PfEMotion for a resolution · Recital Z
    Current text

    Z. whereas public procurement represents a key tool to actively support the transition to a sustainable, inclusive and fair economy and can be used to promote social justice and decent working conditions; whereas contracting authorities should be encouraged to pursue public interest objectives through procurement, including social inclusion, quality jobs, equal opportunities, territorial cohesion and support for social economy actors;

    Amendment

    Z. whereas public procurement represents a key tool to actively support the transition to a sustainable, resilient and fair economy and can be used to promote job creation through fair and open competition;

    official amendment document ↗
41. Amendment 41PfEMotion for a resolution · Recital AA
    Current text

    AA. whereas unlocking the full potential of strategic public procurement requires shifting from a purely cost-based approach to one that also considers resilience and social and environmental value, including through respect for collective bargaining and fundamental labour rights;

    Amendment

    AA. whereas unlocking the full potential of strategic public procurement requires shifting from a purely cost-based approach to one that also considers resilience, sustainability and security;

    official amendment document ↗
42. Amendment 42PfEMotion for a resolution · Paragraph 2 a (new)
    Amendment

    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;

    official amendment document ↗
43. Amendment 43PfEMotion for a resolution · Paragraph 18
    Current text

    18. Notes that, at present, public contracting authorities already have the option to consider factors such as innovation, resilience, sustainability and social considerations via award, technical specification or contract performance clauses, on a voluntary basis and depending on their decision, as explicitly permitted by the 2014 directives; notes that in certain cases public contracts continue to be awarded primarily on the basis of a lowest price criterion, also owing to insufficient training and financial and human resources, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, which leads to suboptimal long-term outcomes…

    Amendment

    18. Notes that, at present, public contracting authorities already have the option to consider factors such as innovation, resilience, sustainability and social considerations via award, technical specification or contract performance clauses, merely on a voluntary basis and depending on their decision, as explicitly permitted by the 2014 directives; notes that in certain cases public contracts continue to be awarded primarily on the basis of a lowest price criterion, also owing to insufficient training and financial and human resources, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, which leads to suboptimal long-term o…

    Excerpt — full text in the official PDF.
    official amendment document ↗
44. Amendment 44PfEMotion for a resolution · Paragraph 60
    Current text

    60. Supports increased flexibility in public-public partnerships, enabling public authorities to work together more effectively to enhance service delivery and reduce costs; calls on the Member States to consider developing a public-private partnership and dialogue in public procurement in order to improve the efficiency of processes and the cooperation between public authorities and businesses; recommends revising the current directive’s definition of public-public cooperation to acknowledge such cooperation as any contracts or arrangements made between two or more contracting authorities; calls on the Commission to consider exempting cooperation between public authorities (public-public co…

    Amendment

    60. Supports increased flexibility in public-public partnerships, enabling public authorities to work together more effectively to enhance service delivery and reduce costs; calls on the Member States to consider developing a public-private partnership and dialogue in public procurement in order to improve the efficiency of processes and the cooperation between public authorities and businesses; recommends revising the current directive’s definition of public-public cooperation to acknowledge such cooperation as any contracts or arrangements made between two or more contracting authorities; calls on the Commission to study the effects of exempting cooperation between public authorities (publ…

    Excerpt — full text in the official PDF.
    official amendment document ↗
45. Amendment 45PfEMotion for a resolution · Paragraph 64
    Current text

    64. Recognises the significant potential of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while ensuring economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities; recognises that including social clauses, su…

    Amendment

    64. Recognises the importance of socially responsible public procurement (SRPP) in promoting decent work, social inclusion and sustainable development; encourages contracting authorities to systematically integrate social criteria in public procurement procedures, while prioritising economic feasibility, flexibility and subsidiarity; calls on the Commission to assess the inclusion of social criteria in the procurement procedures and provide a clear legal and policy framework and practical guidance, including legal clarity and examples of good practices, to enable effective and legally sound implementation of SRPP by contracting authorities under existing labour law; recognises that including…

    Excerpt — full text in the official PDF.
    official amendment document ↗
46. Amendment 46Motion for a resolution · Paragraph 56 a (new)
    Amendment

    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;

    official amendment document ↗
47. Amendment 47Motion for a resolution · Paragraph 67
    Current text

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal com…

    Amendment

    67. Requests that the Commission conduct an in-depth impact assessment, in the context of the upcoming review of the public procurement framework, on possible ways and implications of prioritising the ‘European preference’ principle in procurement related to strategic industries so as to ensure the continuity of critical capabilities in Member States and bolster resilience, security, competitiveness and strategic autonomy; emphasises that the Commission should carefully evaluate the potential cost implications, the risks of limiting access to cutting-edge technologies, and the effects on the quality of services and products, while maintaining consistency with the EU’s international legal com…

    Excerpt — full text in the official PDF.
    official amendment document ↗