Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-01-16-Speech-3-170"
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"en.20020116.11.3-170"2
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". – In reply to Mr Zappalà, I should like to say that the current definition of works contracts explicitly provides that such contracts may be for the sole construction or cover of both design and construction. To change that approach would in particular prevent or, at the very least, greatly hamper use of turnkey projects, public/private partnerships, works concessions and competitive dialogues. The Commission is, therefore, opposed to imposing a separation between the design and the execution of works.
In reply to Mrs Schörling, the Commission has proposed including as possible award criterion the environmental characteristics of a product or service, provided that they present an advantage to the contracting authority. That criterion allows a public purchaser to evaluate the intrinsic qualities of the product or service and to award contracts to the most economically advantageous tender. The proposed amendments go further, in allowing more general environmental considerations such as the long-term effects on the environment of the products or services purchased to be taken into account at the award stage. Such considerations are not measurable; they cannot assist in an evaluation of the intrinsic qualities of the product or services and are therefore inappropriate at the award stage.
In reply to Mr Rapkay and Mr Hughes, the purpose of the public procurement directives is to coordinate the procedures for the award of contracts and not to state which obligations – social or otherwise – private contractors must comply with once a contract is awarded. Contractors are in any event required to comply with all applicable laws and obligations, whether social in nature or not.
However, the Commission is willing to state in the recitals of the directives that tenderers must comply with applicable social rules, including collective agreements of general application in performing public procurement contracts. The Commission also agrees that contracting authorities should be required to state in the contract documents the body from which information on applicable social obligations can be obtained.
In reply to Mrs Hautala, I should like to say that regarding the preliminary reference currently before the Court of Justice, the Commission has taken note of the conclusions of the Advocate-General. However, those conclusions cannot prejudge the judgment itself. In addition, having regard to the content of the communication on the environment and public contracts, the Commission – as it explained at the time of the Court hearing – does not see an obstacle to the emissions criterion being taken into account where this involves – as the case of the city of Helsinki has shown – an external cost to the purchaser itself. The Commission will, therefore, wait for the Court's ruling and reconsider interpretation in the light of the judgment and, if necessary, will consider revising its position on the amendments from the European Parliament.
I should like to reply to Mr Lehne but, as he has left the Chamber, I shall skip that part of my reply."@en1
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