EPSU policy and objectives for public procurement
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?
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