EPSU policy and objectives for public
procurement
EPSU workshop 21 May
Penny Clarke, European Federation of Public Services
Unions (EPSU)
Key documents: http://www.epsu.org/a/725
A bit of history…
 EPSU lobbying 2004 Directives to include social and
green criteria in public contract
 Trade union / civil society joint guide “Making the
most of public money – a practical guide to
contracting under the revised EU public procurement
directives”, 2004 http://www.epsu.org/a/744
 Input(s) into EC SRPP Guide from 2004 – 2010(!!)
 EU social partner guides to ‘best value’ (private
security, cleaning, clothing-textiles, contract catering)
 EPSU/CEMR joint declaration for LRG sector 2010
http://www.epsu.org/IMG/pdf/SRPP_Joint_Statement_Final_Ann
ex.pdf
 Joint work in the NSDPP (Network for Sustainable
Development in Public Procurement) on new
Directives
Key EPSU objectives
 Promote quality of work / quality services and goods
and tackle social/wage dumping – also in supply
chain. Quality and lowest price not compatible!
 Protect ‘in-house’ public services as valid option: EU
and Member States have a shared responsibility for
quality public services (SGI Protocol 26 etc)
 Improve legal certainty for ‘social’ procurement
case and to move away from focus on what is not
allowed to more proactive approach
 Improve and develop link between green and social
objectives
 Monitoring and evaluation of real outcomes of public
procurement is necessary (not just costs of
procurement process).
EPSU – part of the NSDPP Network on public
procurement
https://sites.google.com/site/sdppnetwork/home
The Network for Sustainable
Development in Public
Procurement is a group of
social, environmental NGOs
and trade union organisations
(individual, confederal and
EU federal) united by their
joint aim to achieve progress
in sustainable development
through enabling EU public
procurement legislation and
policies.
NSDPP Green paper contribution
1. Encourage integration of ‘horizontal’
objectives in a transparent way
2. Recognise that production characteristics
can be included in technical specifications
3. Drive standards and quality upwards
4. Allow the quality of the supplier to be taken
into account at the selection stage
5. Make compliance and enforcement easier
Demands for new Directives
 Clearer framework to integrate sustainability/social
concerns ‘at each stage of the procurement process’
 Remove option for ‘lowest cost’
 Recognise right to ‘in-house and public-public
cooperation (see also EPSU remunicipalisation report
http://www.epsu.org/a/8688 evidence on outsourcing
of public services http://www.epsu.org/a/8011
 Strengthen provisions on workers’ information and
consultation (and protection in case of transfer of
employer)
 Ensure respect for collective agreements – including
by adding reference to ILO C94 on Labour clauses in
Public Contracts in Directive
 Improve transparency, monitoring and evaluation of
outcomes (especially of PPPs)
Key articles for social considerations
 Public services (A. 74-77 social services etc,
A. 1.4 – 1.6 scope, A. 12 + 20 reserved
contracts)
 Mandatory social clause (A. 18.2 and cross
references - A. 56 award of contracts, A. 57
exclusion grounds, A. 69 abnormally low
tenders, A. 71 sub-contracting)
 Social criteria (A. 43 labels, a. 68 life-cycle
costs, A. 70 performance conditions etc)
 MEAT (A. 67)
 Sub-contracting (A. 71)
Positive outcomes
 The right for public authorities to provide services
directly is confirmed (in-house, public-public
cooperation)
 Member States must allow respect for fundamental
values / principles of social services (A. 76.2)
 MEAT is the main basis for contract criteria
 Obligation to respect employment and labour laws
and collective agreements (A. 18.2 + recital 39)
 Easier to include social criteria, especially as award
criteria
 Key reference to ‘organisation, qualification, and
experience of staff’’ and characteristics of process
and production methods
 More transparency in supply-chain – obligation to
provide details of sub-contractors
And issues for further consideration
 Joint liability for subcontractors (only optional for Member
States)
 Reference only to ‘core’ ILO Conventions, e.g. what about
ILO C94 (and upcoming Regio Post ECJ case), C81
labour inspection, C102 on social security, etc..)?
 How apply obligations to early stages of production
outside of the EU?
 Social criteria not explicitly mentioned in the section on
technical specifications (i.e., minimum requirements for all
tenderers)
 Impact on social (and other) services, e.g. no clear
definition of ‘social enterprise’ (A. 77.2 a)
 Questioning of ECJ case law on compulsory social
security (A 1.5)
 More needed on transparency (for citizens), monitoring
and evaluation
EPSU study on pay clauses in public
procurement
http://www.epsu.org/a/9152
First pay clauses dates back to the
second half of the 19th century
National regulation:
 UK: Fair Wage Resolution
(1891/1909/1946)
 France: National Decree (1899)
 USA: National Acts (1931/1936)
Local and regional regulations:
 Germany, Netherlands, Belgium etc.
ILO Convention 94 on
Labour Clauses in Public Contracts (1949)
“Contracts … shall include clauses ensuring to the workers
concerned wages …, hours of work and other conditions of
labour which are not less favourable than those established for
work of the same character in the trade or industry concerned
in the district where the work is carried on …
(a) by collective agreement …; or
(b) by arbitration award; or
(c) by national laws or regulations” (Article 2)
‘To do’ list
 Follow-up transposition / implementation to ensure
best take up of social considerations and to limit any
negative consequences of ‘light’ Chapter (A. 74-77) –
and role of national confederations
 EU and national support for sustainable public
procurement (green, social, ethical, fair trade etc)
through targets, action plans, training, social partner
initiatives…
 Better monitoring and evaluation of real outcomes
(e.g., make use of research on outsourcing /
insourcing..)
 What about the concessions Directive?
 What about consultation on remedies Directive?