Amsterdam parties want to bar Spanish company from new tram tender over activities in occupied Palestinian territory

Under pressure from a looming referendum on a boycott of Israel, the Amsterdam City Council recently declared that its procurement process cannot involve direct or indirect complicity in human rights violations. The factions of PRO Amsterdam, Denk, D66, and Bij1 are already testing that principle.

GVB, the city’s public transport operator, has started a tender process for the purchase and maintenance of 75 new trams, the parties wrote in written questions to the Transport Region (Vervoerregio) Amsterdam. The City of Amsterdam and the Transport Region together own the GVB. The Transport Region – chaired by mobility alderman Elise Moeskops and influenced by Amsterdam council members through the regional council – has set aside 391 million euros for the purchase of the new trams.

The parties want to ensure that GVB does not choose the Spanish train and mobility company CAF. They point out that CAF worked on the expansion of the Jerusalem Light Rail. “This light rail connects West Jerusalem with settlements in occupied East Jerusalem, thereby helping to facilitate human rights violations,” the politicians write. “UN human rights office OHCHR states that CAF is indeed involved in certain activities surrounding the settlements in occupied Palestinian territory.” Room to make choices

Whether CAF has applied for the current tender is unknown, but the company has won multiple GVB tenders in the past. In 2018, for example, 30 trams were ordered from the company. While the application deadline for the tender has already closed, PRO council member Mohamed Belkasmi said that the rules dictate that negotiations with parties take place afterward. This gives GVB room to make choices.

The Transport Region Amsterdam is an administrative partnership of 14 municipalities in the Amsterdam region. The authors of the questions point out that the executive board of the Transport Region ‘previously promised to investigate how wishes of the regional council, for instance regarding involvement in violations of international law, can be included in future tenders’.

The new 30-meter-long trams will run in the city center and are scheduled to enter service around 2032. The trams are expected to last for 30 years. It should become clear in the first half of 2027 which supplier will be allowed to deliver the vehicles and what the exact costs will be. Difficult to exclude parties

In a written response, a GVB spokesperson said they understand ‘the concerns that exist about this’. However, the company also noted: “In tenders, we must adhere to the applicable (European) procurement rules. At this moment, these do not provide a legal basis to exclude parties based on the aforementioned criteria.”

“We closely monitor developments regarding sanctions and regulations. If those change, they will of course be included in the tender. GVB carries out the tender carefully and lawfully. For broader policy frameworks and potential additional criteria, the Transport Region is the appropriate authority.”

This leaves the ball in the court of Transport Region chair Moeskops, who will have to answer the written questions from the parties. A spokesperson for the Transport Region has already stated they are ‘taking the matter seriously’, but also wrote: “In general, we can indicate that it is quite difficult to exclude a party from a European tender.”

These reactions also reflect views from the right side of the political spectrum. VVD and JA21 are calling the questions ‘symbolic politics’ and a ‘typical marketing stunt’, respectively. According to Wout Deterink (VVD), the questions are ‘premature’ since it is unknown whether CAF has applied, and GVB should primarily ‘follow applicable rules’. JA21 council member Naomi Italiaander believes that ‘activism should be subordinate to the interests of our city’.