WRITTEN QUESTION E-4221/97 by Karin Jöns (PSE) to the Commission (21 January 1998)

Subject: Making the award of public tenders conditional on implementing equal opportunities measures

1. Can the Commission specify any European legislative acts which provide for the award of public tenders to be made conditional on firms implementing equal opportunities, if they are given the freedom to choose from a list a minimum number of measures in favour of members of the under-represented sex (e.g. further and continuing training, preferential promotion for equal qualifications, increase in the number of jobs, preferential recruitment after completion of a traineeship, in-house child care facilities, the possibility of part-time working, even in managerial posts etc.)?

2. If the Commission believes that there are European legislative acts preventing such conditionality under existing law, does the Commission acknowledge that following the entry into forced of the new Amsterdam Treaty, and in particular the new Article 141 (formerly Article 119), there is a need to revise such acts?

3. Will the Commission take appropriate action once the new Treaty enters into force?

Answer given by Mr Flynn on behalf of the Commission (9 March 1998)

The directives on public procurement ((Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, OJ L 199, 9.8.1993. Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, OJ L 199, 9.8.1993. Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 199, 9.8.1993. Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, OJ L 209, 24.7.1992. Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, OJ L 395, 30.12.1989. Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 297, 29.10.1990. Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy transport and telecommunications sectors, OJ L 199, 9.8.1993. Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 76, 23.3.1992. )) do not contain any specific provisions with regard to the equality of women and men.

In 1996 the Commission published a green paper on public procurement ((COM(96) 583 final. )) which describes European legislation and jurisdiction relating to this question in more detail. This shows that the directives neither prevent positive actions in favour of women, nor do they encourage them. In the light of responses to the green paper, the Commission is presently examining whether such measures should be taken into consideration to a greater extent in public procurement.