Finally, there is a new legal opinion, which takes into account and takes due account of changes in the law at EU and federal level. The report draws attention to the reform of the German Public Procurement Act, which entered into force on 18 April 2016. This has been implemented by the EU directive on the award of 2014.
Key findings of the report:
It is very gratifying that, with Dr. Krönke’s report, a new reading of the legal room to manoeuvre for public procurement is finally to be found!
Please refer: Rechtsgutachten von Dr. Christoph Krönke
The Federal Government compares the seals of different product groups on its Internet portals. At the end of 2016, the Natural Stone product group was also launched. If a seal fulfills the minimum requirements, the comprehensive assessment will examine a catalog of several hundred criteria. From the examination of these criteria, a score is obtained.
For XertifiX, it says: “Good choice, this seal fulfills our credibility and social requirements.” We are delighted that XertifiX has done so well with its two seals and is recommended by the federal government. Strong>
It is the great merit of the Federal Government to invest a great deal of work, money and resources in informing consumers and purchasers about the numerous seals and to bring clarity into the diversity of the seals.
On the occasion of the November holidays, the Jugend Eine Welt draws attention to the fact that the working conditions in Indian tombstone quarries are still catastrophic: “UNICEF has repeatedly pointed out that child labor in Indian quarries occurs alarmingly Don Bosco is currently working in a remote quarry in the Krishna district of Andhra Pradesh, where 64 children, including 37 boys and 19 girls, are from poor migrant families. ”
Bavarian municipalities use amendment
An increasing number of municipalities in Bavaria are using the new authorization law in Bavaria and are forbidding grave stones from child labor in their cemeteries. Finally, the municipalities in Munich, Freising, Regensburg, Zwiesing or Gilching have changed their cemetery records or are preparing such changes in the municipal council.
It was not until December 2015 that the Süddeutsche Zeitung had shown in research on the ground in South India that there were child labor in grave quarries, which also supply Germany. At the time, the import sector had responded succinctly to the fact that it was a single black sheep – without even mentioning the well-known structural problem of child labor in India. The latest efforts by India to combat child labor are also being criticized throughout the world and considered as unsuitable.
“In the future, Bavarian cities and municipalities will be able to pronounce a ban on the use of grave stones from exploitative child labor for their cemeteries. The state parliament unanimously passed a bill of the state government.” [weiter…]
On 1 July 2016, the Federal Government awarded the Federal Law on Procurement to the new federal law of the federal government which came into effect in April. A draft law of the Ministry of Economic Affairs was passed on 7 June by the Lower Saxony Landtag.
The decisive passages are:
“(1) When awarding supply, works or services is to work out that the scope of paragraph no goods are the subject of performance, obtained or produced the set in disregard of the core labor standards of the International Labour Organisation (ILO) minimum requirements are. […]
(2) The governing body shall determine by regulation the product groups or manufacturing procedures to be applied to paragraph 1 and the minimum content of the contractual provisions referred to in the first sentence of paragraph 1. The Regulation shall apply to certifications and verifications, as well as the contractual arrangements for checks and contractual penalties. ”
Please refer: Niedersächsisches Tariftreue- und Vergabegesetz – NTVergG
Please refer: Niedersächsische Kernarbeitsnormenverordnung – NKernVO
Please refer: Erklärung über die Vorlage von Nachweisen
Please refer: Servicestelle zum Niedersächsischen Tariftreue- und Vergabegesetz
Exclude exploitative working conditions for gravestones
Hannover / Frankfurt am Main – On the occasion of the Day Against Child Labor on June 12, 2016, XertifiX and the industrial union Bauen-Agrar-Umwelt (IG BAU) draw attention to the ongoing grievances in the Indian gravestone industry. An investigative search of the Süddeutsche Zeitung in December 2015 has shown that still Children in Indian (grave) quarries (SZ Magazin 09/2016). They are not only used there without any protective equipment in health-endangering jobs, but also do not visit a school. “Children need education, so they only have a chance to take their lives into their own hands and free themselves from the poverty trap, so we can not support structures where children are abused as low-cost volunteers,” says Deputy IG BAU Chairman of the Board of Dietmar Schäfers. Without good education, the next generation remains in poverty. “Anyone who makes a profit through imports of such natural stones is guilty of the fate and the endangering of these children,” said the chairman of XertifiX, Ingrid Sehrbrock. In this case, child labor does not mean a “necessary extra” for families in poverty – as it is sometimes heard – but the health impairment of children and the perpetuation of poverty in every generation![Full announcement in German]
For the upcoming renovation of the Saarbrücken pedestrian zone, the city has even verpflichet to accept only natural stones with a certificate. It is still open, for which material one decides. But if they buy natural stone from overseas, they will pay attention to the certification already in the tender: “The criteria to be fulfilled will be laid down in the tender documents and the tenderers must prove the certification of the materials used.” Please refer: Saarbrücker Zeitung
This approach is exemplary, as far as the tendering process is concerned, that the material offered must be certified and that all bidders can adapt accordingly.
Die Thomson Reuters Foundation reports on the working conditions in Indian quarries and the negative health consequences for the workers.
According to this, Thomson Reuters also confirms the massive health burden for the workers, caused by the unprotected work in the fine dust: about half of the total 2 million workers would suffer from silicosis or other lung diseases. Not a few lead to death. Since the disease was often diagnosed incorrectly as tuberculosis, the affected persons also received no state compensation. XertifiX has been pointing out this fact for years and is working with its standard and controls to protect the workers.
In addition, Thomson Reuters notes the widespread child labor in the sector. This applies not only to the production of stone tiles, but also to stone quarry work: “In Budhpura village, children as young as six or seven years work in the industry, starting with chiselling cobblestones. Boys start working in the quarries from age 12 or 13, while girls may continue making cobblestones and tiles.”