93 Amendments of Tiziana BEGHIN related to 2012/0060(COD)
Amendment 68 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the directive 2014/24/EU of the European Parliament and the Council of 26 February 2014 on public procurement and in particular its Article 18
Amendment 76 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission should examine to what degree laws on public procurement and concessions 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. In addition, it should examine to what degree individual contracting authorities and/or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators. and/or to what degree public contracts economic operators of third countries comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of the Directive 2014/24/EU
Amendment 80 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulation or by relevant Union law, national law or collective agreements.
Amendment 82 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be able, on its own initiative or at the application of interested parrequests made by interested parties, relevant stakeholders, contracting authorities, entities or a Member State, to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. . Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council .
Amendment 83 #
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third countryWhere the Commission has, on the basis of available information or after having consulted with relevant stakeholders, reasons to believe that a third county has adopted or maintains a restrictive procurement or concession practices, it should initiate an investigation. If the existence of such measure or practice is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country.
Amendment 85 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is of the utmost importance that the investigation is carried out in a transparent manner and within reasonable timeframe. A report on the main findings of the investigation should therefore be publicly available.
Amendment 88 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficientconcrete 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 restrictive measures applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country.
Amendment 91 #
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures should be applied only for the purpose of the evaluation ofto exclude those tenders comprising goods or services originating in the country concerned. 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 and should apply until sufficient improvements are registered.
Amendment 96 #
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustment measures should not have a negative impact on on-going trade negotiations with the country concerned. Therefore, wWhere a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures during the negotiations.
Amendment 97 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to simplify the application of a price adjustmentthe restrictive measure by contracting authorities or contracting entities, there should be a presumption that all economic operators originating in a targeted third country with which there is no agreement on procurement will be subject to the measure, unless they can demonstrate that less than 50% of the total value of their tender is made up of goods or services originating in the third country concerned.
Amendment 98 #
Proposal for a regulation
Recital 26
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member Stat which should apply the restrictive measure. Where necessary, the Commission may establish a list on its own initiative.
Amendment 101 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustmentto set aside measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of water supply, health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 104 #
Proposal for a regulation
Recital 32
Recital 32
(32) Regular reporting by the Commission should make it possible to monitor the application and, to underline sectors where reciprocity is achieved, to assess the efficiency of the procedures established by this Regulation and, where appropriate, to revise it.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustmentrestrictive measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States and their contracting authorities and contracting entities shall not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation or by relevant Union law, national law or collective agreements.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurement measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment oflack of reciprocity in the access of Union goods, services and/or economic operators to the public procurement or concession market of that country.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) "Interested parties" means relevant stakeholders, individual contracting authorities and entities excluding municipalities with less than 100.000 inhabitants
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
If an investigation is initiated, the Commission shall publish a notice in the Official Journal of the European Union, inviting interested parties, relevant stakeholders, individual contracting authorities, contracting entities and Member States to provide all relevant information to the Commission within a specified period of time.
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessment shall be carried out in a transparent manner and concluded within a period of eightfive months after the initiation of the investigation. In duly justified cases, this period may be extended by four months.
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. The Commission may terminate consultations if the country concerned undertakes international commitments or specific obligations in the fields of environmental, social and labour law agreed with the Union in any of the following frameworks:
Amendment 137 #
Proposal for a regulation
Recital 12
Recital 12
(12) The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal treatment of operators and equal conditions of competition within the internal market require to refer to the non-preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustmentrestrictive measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 139 #
Proposal for a regulation
Recital 13
Recital 13
(13) The origin of a good should be determined in accordance with Article 22s 59 to 262 of Council Regulation (EECU) No 2913/199218 952/20135of the European Parliament and of the Council. _________________ 18Council 5Regulation (EECU) No 2913/1992 of 12 October 1992 establishing the Community952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 302, 9.10.1992269, 10.10.2013, p. 1)
Amendment 142 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 145 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of the tenders concerned. It shall also specify any restrictions to the scope of application of the measure, such as those relarestrictive measure adopted pursuant to paragraph 1 may be limited to:
Amendment 149 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the price adjustmentrestrictive measures to the following:
Amendment 150 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEsautonomous SMEs, as defined by Commission Recommendation 2003/361/EC, established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State.
Amendment 153 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Withdrawal or suspension of price adjustmentrestrictive measures
Amendment 154 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission may decide, by implementing act, to withdraw the price adjustmentrestrictive measure or suspend its application for a period of time if the country concerned takes satisfactoryufficient remedial or corrective actions.
Amendment 154 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) On the contrary, this Regulation should also apply to tenders where SMEs established in the Union are committed to subcontract more than 10% of the total value of the contract to economic operators originating in a third country.
Amendment 155 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustmentrestrictive measure, at any time, by means of an implementing act.
Amendment 156 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Application of price adjustmentrestrictive measures
Amendment 157 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply price adjustmentrestrictive measures to the following:
Amendment 158 #
Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 2
Article 11 – paragraph 1 – point b – paragraph 2
Contracting authorities and contracting entities shall not apply price adjustmentrestrictive measures to tenders referred to in point (a) where the tenderers can demonstrate that less than 50 % of the total value of their tender is made of goods and services originating in the third country concerned.
Amendment 159 #
Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 3
Article 11 – paragraph 1 – point b – paragraph 3
Amendment 160 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission should examine to what degree laws, rules and measures on public procurement and concessions of the country concerned ensure transparency and access in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators.
Amendment 161 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustmentrestrictive measure is applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers.
Amendment 163 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those, whether the related country is not respecting social and environmental standards and conventions, to their tendering procedures in full respect of measures provided for in this Regulation.
Amendment 165 #
Proposal for a regulation
Article 12
Article 12
Amendment 169 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be able, on its own initiative or at the application of the European Parliament or of other interested parties or a Member State, to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. . Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council .
Amendment 172 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 180 #
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to eliminating any restrictive, discriminating measures or practices and improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country.
Amendment 184 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is of the utmost importance that the investigation is carried out in a transparent, coherent and non- discriminatory manner. A report on the main findings of the investigation should therefore be publicly available.
Amendment 186 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficientthe removal of restrictive measures, along with the effective implementation of international social and environmental standards, having as effect a sufficient and a fair improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adoptdecide, where appropriate, price adjustment measure applying to tendersthe exclusion of tenders (IPI measures) submitted by the economic operators originating in that country and/or including goods and services originating in that country.
Amendment 207 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 209 #
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustmentIPI measures should not have a negativedirect impact on on-going trade negotiations with the country concerned. Therefore, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures duringafter the conclusion of the negotiations.
Amendment 212 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 220 #
Proposal for a regulation
Recital 26
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustmentIPI measures. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiative.
Amendment 226 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustmentthe measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of public health and public safenational security, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 230 #
Proposal for a regulation
Recital 28
Recital 28
(28) In case of misapplication of the IPI measures by contracting authorities or contracting entities of exceptions to price adjustment measures limiting access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of Council Directive 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustmentIPI measures limiting access of non-covered goods and services should be ineffective. _________________ 20Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 21Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
Amendment 234 #
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 the price adjustmentIPI measure.
Amendment 239 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustment measures tofor the Commission to exclude, by means of implementing acts, certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 254 #
3. This Regulation shall apply to the award of contracts for the supply of goods and/or services and to the award of works and services concessions. It shall only apply where the goods or services are procured for governmental purposes. It shall not apply where the goods are purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale. It shall not apply where the services are purchased with a view to commercial resale or with a view to use in the supply of services for commercial sale or in case of pre-commercial procurements.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall apply only with regard to restrictive and/or discriminatory procurement measures, rules or practices implemented by a third country in respect of purchases of non- covered goods and services. The application of this Regulation shall be without prejudice to any international obligations of the Union.
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. Member States and their contracting authorities and contracting entities may apply restrictive measures in respect of third country economic operators, goods and services if the country is not respecting international social and environmental standards and conventions. The Commission shall create and update a list of third countries having restrictive measures in their public procurements and concessions listing their adoption and implementation of International social and environmental standards and Conventions for the disposal of Members States and their contracting authorities and contracting entities.
Amendment 289 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurement measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious andbreach of international social and environmental standards and conventions and leading to recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country.
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) 'sub-contracting' means delegating the part execution of a contract by a third party;
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. 'IPI measure' means a measure adopted by the Commission under the terms of this Regulation, by means of implementing acts, excluding the access of third country economic operators and/or goods and services into the Union procurement market; IPI measure may apply to economic operators and/or goods and services originating in countries not implementing international social and environmental standards and conventions as indicated by the Commission;
Amendment 317 #
Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
Article 3 – paragraph 3 – point b – point i
(i) if the service is not provided through a commercial presence within the Union, the country under the laws of which the legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations;
Amendment 342 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Tenders submitted by SMEs28 established in the Union and engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State, shall be exempted from this Regulation. unless they are committed to subcontract more than 10% of the total value of the contract to economic operators originating in a third country adopting or maintaining restrictive and/or discriminatory procurement measures or practices; _________________ 28As defined in the Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 346 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Investigations, consultations and price adjustmentIPI measures
Amendment 353 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of the European Parliament or of relative interested parties or a Member State, initiate an investigation into alleged restrictive and/or discriminatory procurement measures or practices.
Amendment 371 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When the Commission has concluded its investigation, it shall make publicly available a report recording its main findings and advise possible actions.
Amendment 378 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Where it is found as a result of an investigation that restrictive and/or discriminatory procurement measures or practices have been adopted or maintained by a third country and the Commission considers it to be in the Union interest, the Commission s hall invite the country in question to enter into consultations. Those consultations shall aim at ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement or concession contracts in that country on conditions no less favourable than those accorded to national economic operators, goods and services, in conformity with the international social and environmental standards and conventions, of that country and also with a view to ensuring the application of the principles of transparency, fair and equal treatment.
Amendment 379 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 - point ii
Article 7 – paragraph 3 – subparagraph 1 - point ii
ii) decide, by implementing act, to impose a price adjustment measureexclude tenders from the related countries pursuant to Article 8.
Amendment 381 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 - point a a (new)
Article 7 – paragraph 5 – subparagraph 1 - point a a (new)
(aa) adoption and implementation of satisfactory remedial and/or corrective measures;
Amendment 382 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 - point c
Article 7 – paragraph 5 – subparagraph 1 - point c
Amendment 383 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The consultations may also be terminated in cases where the restrictive and/or discriminatory procurement measures or practices are still in place at the time these commitments are undertaken, as long as they include detailed provisions relating to the phasing-out of such measures or practices within a reasonable period of timethree months.
Amendment 391 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 395 #
Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustment measureshall be excluded where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 397 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Tenders made of goods and/or services originating in a third country, may be excluded where the third country concerned does not adopt and implement international social and environmental standards and conventions.
Amendment 399 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 405 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of theIPI measure shall be applied to tenders concerned. It shall also specify any restrictions to the scope of application of the measure, such as those related to:
Amendment 415 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the price adjustmentIPI measure to the following:
Amendment 445 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Withdrawal or suspension of price adjustmentIPI measures
Amendment 446 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission may decide, by implementing act, to withdraw the price adjustmentIPI measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions or undertakes serious commitments to end the measure or practice in question.
Amendment 447 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustmentIPI measure, at any time, by means of an implementing act.
Amendment 452 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Application of price adjustmentIPI measures
Amendment 453 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply price adjustmentIPI measures to the following:
Amendment 458 #
Proposal for a regulation
Article 11 – paragraph 1 –subparagraph 3
Article 11 – paragraph 1 –subparagraph 3
Amendment 459 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. When cContracting authorities and contracting entities shall not conduct a procurement or a concession procedure that is subject to a price adjustment measure they shall include that information in the contract notice they publish pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice they publish pursuant to Article 31 of Directive 2014/23/EU. The Commission may adopt implementing acts in accordance with the advisory procedure referred to in Article 14(3) adapting the standard forms for contract or concession notices adopted under Directives 2014/23/EU, 2014/24/EU, and 2014/25/EUIPI measure.
Amendment 460 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 462 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustment measure isIPI measures are applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers.
Amendment 469 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
Amendment 472 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) there are no alternative Union and/or covered goods or services supplier available which meet the requirements of the contracting authority or contracting entity; or
Amendment 490 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to apply a price adjustmentIPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract notice.
Amendment 500 #
Proposal for a regulation
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
(d) the ground on which the decision not to apply the price adjustmentIPI measure is based, and a detailed justification for the use of the exception;
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
In the event that a contracting authority or contracting entity conducts a negotiated procedure without prior publication, under Article 2 of Directive 2014/24/EU or under Article 50 of Directive 2014/25/EU and decides not to apply a price adjustmentIPI measure , it shall indicate this in the contract award notice it publishes pursuant to Article 50 of Directive 2014/24/EU or Article 70 of Directive 2014/25/EU or in the concession award notice it publishes pursuant to Article 32 of Directive 2014/23/EU and notify the Commission no later than ten calendar days after the publication of the contract award notice.
Amendment 516 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Contracts concluded with an economic operator in violation of price adjustmentthe IPI measures adopted or reinstated by the Commission pursuant to this Regulation shall be ineffective.