WRITTEN QUESTION E-0816/00 by Juan Naranjo Escobar (PPE-DE), Carlos Carnero González (PSE) and Salvador Jové Peres (GUE/NGL) to the Commission. Compatibility of Member States' social policies with Community law, particularly with the directives on the award of public works contracts.
Date: 2000-03-21
Institutions: European Parliament, Provisional data
Subjects: European social policy, application of EU law, size of business, worker with disabilities, works contract

C 374 E/164

Official Journal of the European Communities

EN

28.12.2000

Reply

(25 May 2000)

The Council has not taken a view on this subject, and cannot therefore comment on the issues raised in
the Honourable Member(cid:146)s question.

(2000/C 374 E/194)

WRITTEN QUESTION E-0816/00

by Juan Naranjo Escobar (PPE-DE), Carlos Carnero GonzÆlez (PSE)
and Salvador JovØ Peres (GUE/NGL) to the Commission

(21 March 2000)

Subject: Compatibility of Member States(cid:146) social policies with Community law, particularly with the

directives on the award of public works contracts

On the basis of the Beentjes case law findings, the Commission appears to be taking the view that
requirements of a social nature can be included in the conditions for implementation of the contract,
provided that certain publicity requirements are fulfilled and non-discrimination is guaranteed. Does the
Commission not consider that including these requirements in the contract(cid:146)s implementing conditions,
instead of in the criteria for awarding contracts, reduces the chances of success for some EU businesses
competing in the tender, and thus implies a major obstacle to the internal market? (A business that does
not have a certain number of fixed posts cannot compete in a tender whose implementing conditions
demand this minimum, whereas it could take part in a tender in which the creation of stable employment
was one of the criteria for awarding the contract, for instance with a value of 20 % of the total points, and
might gain the contract if it did well on the other award criteria.)

Paragraph 9 of the 1999 employment guidelines says that each Member State must give special attention
to the needs of disabled people and develop preventive and active policies to promote their integration
into the labour market. In paragraph 7 of the Council(cid:146)s Resolution on equal employment opportunities for
people with disabilities of June 1999, the Council says such opportunities (cid:145)will be enhanced if specific
attention is given to recruitment and retention of employees(cid:146). Are these not sufficient reasons to justify a
public administration in including disabled access to employment as a tie-breaking criterion in the award
of contracts, especially when the same Resolution encourages the Community(cid:146)s own institutions to
(cid:145)promote equal employment opportunities for disabled people within their own services, by enacting
rules while taking full advantage of existing legal instruments and practices(cid:146) (paragraph 5)?

Is there not a need to amend Directive 93/37/EC (1) concerning the coordination of procedures for the
award of public works contracts, with the aim of clarifying the above concepts, taking account of the
European Union(cid:146)s current priorities, to ensure that in this way the Member States can adapt their social
measures to meet their citizens(cid:146) needs?

(1) OJ L 199, 9.8.1993, p. 54.

(2000/C 374 E/195)

WRITTEN QUESTION E-0817/00

by Juan Naranjo Escobar (PPE-DE), Carlos Carnero GonzÆlez (PSE)
and Salvador JovØ Peres (GUE/NGL) to the Commission

(21 March 2000)

Subject: Compatibility of Member States(cid:146) social policies with Community law, particularly with the

directives on the award of public works contracts

Article 136 of the Treaty on European Union says that the Community and Member States must have as
their objectives the promotion of employment with a view to lasting stable employment and the
combating of exclusion. And the conclusions of the Vienna European Council of 11-12 December 1998