Proposition 54K1708

Projet de loi relatif aux contrats de concession.

General information ¶

Submitted by

MR Swedish coalition

Submission date

March 9, 2016

Official page

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Status

Adopted

Requirement

Simple

Subjects

EC Directive service concession competition single market public works works contract public procurement

Voting ¶

Voted to adopt

CD&V LE ∉ Open Vld N-VA LDD MR

Voted to reject

Vooruit PS | SP DéFI PVDA | PTB

Abstained from voting

Groen Ecolo PP VB

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Discussion ¶

May 26, 2016 | Plenary session (Chamber of representatives)

Full source

The speakers are mr. Luk Van Biesen and Mr. by Frederic Daerden. This refers to the written report.

Mr. Speaker, Mr. Minister, dear colleagues, here about two weeks ago, we discussed the law transposing the "public procurement" directive and today comes into our Assembly, the related theme that is the law transposing the "concessions" directive. What is the position of our group? It is similar and consistent to that on public procurement.

First of all, I would like to highlight the positive aspects of this bill, namely the clear will of the legislator to clarify the legal framework for concessions as well as the expansion of access for SMEs to concessions, which is of particular importance for our economy.

These positive points should not, however, eclips the neglect and criticism of this bill. First the timing. I recall, as is the case for the Law on Public Procurement, the timetable for transposition has not been respected. The entry into force was scheduled to take place on 18 April 2016. You will be several months late.

Then, and more fundamentally, the fight against social dumping. In the face of this catastrophic phenomenon, we must take binding and ambitious measures. This is not the choice of the government, which has decided not to seize all the opportunities that the European Socialist Action offered it through the directives. Indeed, as soon as it comes to taking effective measures in the fight against social dumping, the government does not foresee anything or delays to later. For my group, this is a missed opportunity.

I will give you a few examples. To combat the many abuses we know, it is imperative to limit the subcontracting chain. As with public procurement, an explicit legal basis is needed to enable the government to take appropriate measures.

The draft law on public procurement has been amended by the majority in this regard. Certainly, this last stir did not go far enough to our taste, but I note a beginning of awareness. As for the present project, the government and the majority do nothing and prefer the status quo.

I come to my second example. Respect for social, environmental and labour law must be set as a fundamental principle. We cannot tolerate that companies that violate our laws are not necessarily excluded. That is what the government does.

Then, some scrupulous companies resort to displaced workers after putting their staff in economic unemployment. Instead of taking immediate action, the government is delaying the decision.

Regarding the award criteria, it is true that the wording differs from that used in the draft law on public procurement. It is not exactly the same thing. Nevertheless, it is still possible to limit ourselves only to the price, or to the financial aspect as the only criterion for awarding a concession. This has no sense. The dictatorship of the lowest price must end and social and environmental criteria must be integrated.

In a constructive way, we are submitting several amendments in order to improve the government’s project and thus better combat social dumping. Without improvement, and given these shortcomings, we will not be able to support this bill. Too many jobs are at stake and this Assembly must be coherent with the workers and with itself.

Mr. Speaker, I will speak briefly from my bank.

Contrary to what Mr. Daerden, this bill lies in the right line of the one that dealt with public procurement. It aims to develop uniform, simple and clear rules that take into account the specificities of concessions in terms of public procurement.

It is a draft law that creates legal certainty because it provides a clear legal framework for concession contracts based on European regulation. There was no specific legislation in this area.

In the committee, the Minister, as usual, explained to us, in a very precise and detailed manner, the technical rules of the project. And I would like to highlight some points that constitute for us important advances.

The bill simplifies procedures, makes them more flexible and will stimulate economic growth. Expanding access to SMEs, as in the Public Procurement Act, is a major step forward that will enable them to seize significant business opportunities.

Regarding the fight against social dumping mentioned by my colleague, the bill is in the same line as the law on public procurement. As mentioned above, the mechanisms envisaged are, in my view, a balance between the obligations incumbent on the contracting authority and their accountability. These concession contracts will allow public authorities to leverage the expertise of the private sector to increase the efficiency of the public sector.

In conclusion, Mr. Speaker, Mr. Minister, Ladies and Gentlemen, this is an appropriate, balanced and flexible new legal framework that will ensure effective and non-discriminatory access to the market for all economic operators. Therefore, this is an excellent work that the MR group will not fail to support with enthusiasm.

On behalf of my group, I would like to join what Mr. Piedboeuf has just said. With these concession agreements we respond to the European directives on the subject, as explained in detail by the Minister in the committee. It is a complement to the discussion we have also held about the public markets. In these agreements, we deal with social dumping, one of the elements that Mr Daerden cites, in the same way as in the case of public markets. This is not a social regression, on the contrary. SMEs also have access to these agreements. We are creating legal certainty. It is of very great importance in those markets, also economically, and in this way we prove a service to our economy with that stable legal framework.

Mr. Speaker, first of all, I would like to thank all the members of the committee and its chairman for the very constructive work we have done on this extremely technical file. I would also like to thank Mr. Piedboeuf and Van Rompuy for their positive assessment regarding the content of the text.

I would like to reassure Mr. In the words of Daerden, we judge the tree by its fruit. In terms of social dumping, sectors, workers, trade unions, employer organisations, which we have met several times, expect concrete in terms of results, of course, but also in terms of stopping job losses.

I can assure you that the entire government – and I welcome the work done by my colleagues – is mobilized in an extraordinary way in this struggle against social dumping. I would like to remind you, for example, that the Social Dumping Committee will submit to the Public Procurement Commission its comprehensive proposals on implementation decisions, the limitations of the subcontracting chain and a whole series of other provisions.

Mr Daerden, I agree with you on the extreme priority of this struggle. Together with my colleagues, we accepted it. Let me give you an appointment in a few months on the field, to measure the consequences.

I would like to conclude by saying that this text is important. After the Law on Public Procurement, it concerns a whole pan of economic activity. The concessions and a number of tools that public authorities generally want to use are also a lever to create business. I think this lever should be implemented as quickly as possible.

Mr Daerden, you talked about the socialist family at the European level. Do not hesitate to mobilize it to advance a number of texts at the European level, whether with the Commission or the Parliament, because this struggle takes place at all levels.

I have heard you well, Mr. Minister. Spring is slowly coming to an end and I still don’t see any fruit on the tree. I hope we don’t have to wait until next spring to see you.

As Minister of Agriculture, I can tell you that fruits rarely appear on trees in the spring.