12 Amendments of Constance LE GRIP related to 2012/0060(COD)
Amendment 24 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Promoting mutual openness of international procurement markets is the key objective of this regulation. Ensuring mutually advantageous competition among the EU and its trading partners will allow to enhance the competitiveness of the European internal market and support the growth of our economy.
Amendment 29 #
Proposal for a regulation
Recital 11
Recital 11
(11) For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article 252 to 2655 of Regulation (EC) No 2913/1992 of the EuropeanNo XXXX/2013 of Parliament and of the Council of 12 October 1992 establishing the CommunityUnion Customs Code2, including the additional provisions to be adopted under Article 55. According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The guidance referred to in recital 9 should cover the application in practice of the rules of origin.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries, in view of promoting mutual openness of procurement markets between the Union and its trading partners.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘lack of substantial reciprocity’ means the existence of restrictive measures in the field of procurement or the award of concessions resulting in serious and recurring discrimination against EU economic operators, goods and services. This lack of substantial reciprocity may result, for example, in: (a) a lack of international commitment on the part of the third country regarding procurement and concessions to ensure transparency and prohibit any kind of discrimination against EU economic operators, goods or services; (b) laws or regulations – whether or not concerning public procurement or concessions – adopted by the third country which lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods or services; (c) the adoption or implementation of discriminatory practices by public authorities or individual procuring entities in the third country aimed at EU economic operators, goods or services.
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 1 – point g b (new)
Article 2 – paragraph 1 – point g b (new)
(gb) "Satisfactory remedial or corrective measures" means removal of the restrictive measures targeted by European Commission's investigation.
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) "Market access reservations" means any exception and derogation to an international agreement in the field of public procurement including market access commitments.
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The origin of a good shall be determined in accordance with Article 22 to 26 of Regulation (EC) No 2913/1992 of the European52 to 55, including the delegated acts to be adopted under Article 55, of Regulation No XXXX/2013 of Parliament and of the Council of 12 October 1992 establishing the CommunityUnion Customs Code18 .
Amendment 93 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. When assessing whether a lack of substantial reciprocity as defined in Article 2(1)(ga) exists, the Commission shall examine the following:
Amendment 99 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) to what degree public procurement laws of the country concernedlaws or regulatory measures of the country concerned on public procurement or concessions ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators;
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 5 – point a a (new)
Article 6 – paragraph 5 – point a a (new)
(aa) to what degree the laws or regulatory measures of the country concerned, other than those referred to in point (a) of this paragraph, lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods and services;
Amendment 126 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1