9 Amendments of Viviane REDING related to 2012/0060(COD)
Amendment 70 #
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. With the view to leveling the playing field and to ensuring reciprocal market access, this reform seeks to allow the European Commission as well as Member States' contracting authorities to exclude non-Union companies from public procurement contracts in the Union, unless their home country opens up its public procurement markets to Union companies.
Amendment 86 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countrytake appropriate restrictive measures.
Amendment 90 #
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures should be applied only for the purpose of the evaluatmay entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, of tenders comprisingr may subject tenders made up of goods or services originating in theat country concernedto a mandatory price. To avoid circumvention of those measures, it may also be necessary to target certain foreign- controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link with the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
Amendment 103 #
Proposal for a regulation
Recital 30
Recital 30
(30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a themarket restriction or a price adjustment measure.
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means goods or services originating in a country with which the Union has concluded an international agreement in the field of public procurement and/or concessions including market access commitments ensuring comparable and effective access for Union undertakings to the markets of those third countries and in respect of which the relevant agreement applies;
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 3 – point ii a (new)
Article 7 – paragraph 3 – point ii a (new)
(ii a) decide, by implementing act, to limit the access of goods and services originating in the third country concerned.
Amendment 132 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 134 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 1. Where it is found in an investigation pursuant to Article 6 that restrictive procurement measures adopted or maintained by that third country leads to a lack of substantial reciprocity in market opening between the Union and the third country, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to temporarily limit the access of non-covered goods and services originating in a third country or to impose a price adjustment measure, pursuant to Article 8. Those implementing acts shall e adopted in accordance with the examination procedure referred to in Article14(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of tenders of which more than 50% 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 (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice.
Amendment 175 #
Proposal for a regulation
Article 17
Article 17
Amendment of Directive 2014/25/EU Articles 85 and 86 of Directive 2014/25/EU shall be deleted with effect from the entry into force of this Regulation.rticle 17 deleted