New EU directive on procurement considers social factors
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Recently, the European Parliament adopted a new directive on public procurement, which is meant to simplify the legislative rules for the provision of services, including in the social and health care sectors.
Cooperation with SOLIDAR
SOLIDAR issued a statement that they welcome the newly established inclusion of qualitative aspects, such as social, innovative and environmental considerations. This also includes accessibility of services, the qualification of staff and delivery conditions. Public authorities in the EU member states therefore now can choose service providers with better working conditions, better integration of disadvantaged workers and sustainable offerings.
This is because the primary evaluation criterion, the most economically advantageous tender (MEAT), has been newly defined to not only include the quantitative costs but also qualitative, environmental and social criteria. However, member states still have the option to put more weight on the cheapest offer, unless the states themselves undertake to compulsorily include qualitative and social aspects in their implementation of the new directive.
Rescue services exempt from procurement directive, patient transport only affected by “light regime”
Concerning some services provided by the European Samaritan organisations, SAM.I. welcomes the fact that civil protection, including rescue services, is completely exempt from the directive, as long as these services are being provided by non-profits or registered associations. While it would have been desirable to have the same exception for qualified patient transport services, to stress social and sustainable aspects there as well. Nonetheless we welcome that patient transport is only subject to a “lighter regime” of the procurement rules, and therefore prioritised consideration of factors besides the mere question of costs are possible. It is up to member states to seize this option to sustainably ensure the provision of high-quality services, including patient transport, in their respective national implementations.
Statute for European associations
To ensure legal certainty in Europe-wide recognition of non-profit providers of civil protection services, so that they can fully benefit from the exceptional rules for their sector, SAM.I. demands the decisive resumption of the creation of a statute for European associations, as an important step toward a European charity law.
A draft statute was initiated in 1992, but has shown little progress since then. In 2005 the European Commission withdrew from advancing the European Association Statute. In 2009 the European parliament passed a resolution on social economy, which also criticised the disappearance of the Statute of the European Association from the Commission’s Agenda.
In 2011, the European Parliamend adopted another resolution, which demanded the Esablishment of a European Statute for Associations, Foundations and mutual societies. A proposal for a statue on European Foundations (not associations) was proposed to the Council in 2012 and is currently in the EU legislative process. SOLIDAR intends to drive the Statue for European Associations forward and is a supporter of the European Alliance for the Statute of the European Association (EASEA)