CONSTRUCTIO N FORUM
______________________________________________________________________
POSITION OF THE UEAPME CONSTRUCTION FORUM
regarding the
Article 52
of the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the co-ordination of procedures for the award of public supply contracts, public service contracts and public works contracts (COM(2000)275final)
The UEAPME Construction Forum is a specialised discussion platform representing the interests about 1,000,000 construction enterprises across the European Union and beyond. The overwhelming majority of these enterprises are small or medium-sized. It is formed by the following associations: CEETB EBC EMU ESCHFÖ FECB FIDEN IFD UNIEP Comité européen des équipements techniques du bâtiment (Génie Climatique International - Union internationale de la Couverture et de la Plomberie) European Builders Confederation European Metal Union European Federation of Chimney Sweeps European Federation of Timber Construction International Association of Building Service Contractors International Association of Roofing Contractors Union Internationale des Entrepreneurs de Peinture
The public procurement directive, article 52, allows public authorities to introduce lists of qualified enterprises or certification systems in order to facilitate verification of the exclusion and selection criteria (defined by articles 46, 47, 48, 49, 50 and 50 bis). This could become a real entrance barrier. Enterprises should be able to prove their competence through other means, too. And the drafting of article 52 is not clear enough about this possibility.
Consequently, the UEAPME Forum Construction - the members of which are representative organisations of craft and SME’s in the building sector in Europe invites the European Parliament, Member States and the European Commission to amend article 52 as follows:
"The Member states contracting authorities accept from economic operators all other means to prove they meet selection criteria (defined by articles 46, 47, 48, 49, 50 and 50 bis). Member State Contracting Authorities shall not impose exclusion or selection criteria in a manner that discriminates against small firms or consortia of small firms.”
The UEAPME Construction Forum also maintains its comments submitted in May 2002 a copy of which is appended to this letter.