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.
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 Memberís 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 Statesí 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 contractís 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 Councilís Resolution on equal employment opportunities for people with disabilities of June 1999, the Council says such opportunities áwill be enhanced if specific attention is given to recruitment and retention of employeesí. 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 Communityís own institutions to ápromote equal employment opportunities for disabled people within their own services, by enacting rules while taking full advantage of existing legal instruments and practicesí (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 Unionís current priorities, to ensure that in this way the Member States can adapt their social measures to meet their citizensí 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 Statesí 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