33 Amendments of Rebecca TAYLOR related to 2012/0060(COD)
Amendment 46 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Goods or services originating in least- developed countries listed in Annex I to Regulation (EC) No 732/2008the following classifications of third countries shall be treated as covered goods and services.:
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 2 – point a (new)
Article 4 – paragraph 2 – point a (new)
(a) least-developed countries listed in Annex I to Regulation (EC) No 732/2008;
Amendment 48 #
Proposal for a regulation
Article 4 – paragraph 2 – point b (new)
Article 4 – paragraph 2 – point b (new)
(b) countries that have been classified by the World Bank as a low-income country during three consecutive years.
Amendment 49 #
Proposal for a regulation
Article 5
Article 5
Amendment 50 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Rules of access for non-covered goods and services 1. Member States or their contracting authorities/entities shall not restrict the access of non-covered goods or services to their tendering procedures by any measure other than those provided for in this Regulation. 2. Non-covered goods and services may be subject to restrictive measures taken by the Commission according to the rules set out in Articles 10 and 11.
Amendment 51 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 52 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Where contracting authorities/entities intend to request the exclusionare obliged to exclude tenders in accordance with paragraph 1 from procedures for the award of contracts on the basis of paragraph 1 they shall indicate this in the contract notice they publish pursuant to Article 35 of Directive 2004/18/EC or pursuant to Article 42 of Directive 2004/17/EC or Article 26 of the Directive on the award of concession contracts.
Amendment 53 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusionde for that reason, they shall notify the Commission. During the notification procedure the contracting authority/entity may continue its analysis of the tenders.
Amendment 54 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6
Article 6 – paragraph 2 – subparagraph 6
That information shall be provided within eight working days, commencing on the first working day following the date on which it receives the request for additional information. If the Commission receives no information within this period the period established in paragraph 3 shall be suspended, until the Commission receives the requested information.
Amendment 55 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 57 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3
Article 6 – paragraph 4 – subparagraph 3
Amendment 59 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 60 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 61 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 62 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 63 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. TWhen pursuing an investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6.under paragraph 1, the Commission shall examine the following:
Amendment 64 #
Proposal for a regulation
Article 8 – paragraph 2 – point a (new)
Article 8 – paragraph 2 – point a (new)
(a) if a third country has concluded an agreement listed in Annex I, whether the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned where there are explicit market access reservations taken by the Union;
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 2 – point b (new)
Article 8 – paragraph 2 – point b (new)
(b) if an agreement referred to in Annex I does not exist, whether the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned.
Amendment 66 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
A lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services.
Amendment 67 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. TWhen assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of nine months after the initiation of the investigation. In duly justified cases this period may be extended by three months.ing whether a lack of substantial reciprocity exists, the Commission shall examine the following:
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 3 – point a (new)
Article 8 – paragraph 3 – point a (new)
(a) to what degree public procurement laws of the country concerned 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 69 #
Proposal for a regulation
Article 8 – paragraph 3 – point b (new)
Article 8 – paragraph 3 – point b (new)
(b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.
Amendment 70 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 71 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
The assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of six months after the initiation of the investigation. In duly justified cases this period may be extended by two months.
Amendment 72 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
When the Commission concludes as a result of the external procurement investigation that the alleged restrictive procurement measures are not maintained by the third country concerned, the Commission shall adopt a decision terminating the investigation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2).
Amendment 73 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the Union and the third country as referred to in Article 68, the Commission may adopt implementing acts to temporarily limit the access of non- covered goods and services originating in a third country for up to five years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
Amendment 74 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) in accordance with Article 6, the exclusion of tenders of which more than 750 % of the total value is made up of non- covered goods or services originating in the country adopting or maintaining a restrictive procurement practice; and/or
Amendment 75 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.
Amendment 76 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 77 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Pursuant to its decision in Article 10(1), the Commission shall regularly monitor the situation in the third country concerned and report annually to the European Parliament and the Council on whether remedial/corrective measures have been taken.
Amendment 78 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Where the Commission considers that the reasons justifying the measures adopted pursuant to Article 9(4) and 10 still apply upon the end of the temporary period under Article 10(1), the Commission may adopt an implementing act to renew the measures for a further period of up to five years and renewed every five years thereafter.