Activities of Maria GRAPINI related to 2012/0060(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Amendments (34)
Amendment 19 #
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, but respecting environmental, social and product standards in the internal market.
Amendment 23 #
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit, based on fair trade.
Amendment 24 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to avoid confusion about the concession of goods, it is necessary to introduce a definition of the term “concession”.
Amendment 28 #
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 and concessions in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities and therefore a procedure to prevent imbalances in third-country public procurement markets should exist.
Amendment 31 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators and consumers, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof.
Amendment 32 #
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 and concessions measures or practices and of preserving 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 37 #
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 and confidentiality in line with international standards in the field of public procurement and concessions 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 41 #
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, if the goods or services comply with the quality and environmental standards imposed on products and services in the internal market.
Amendment 47 #
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement and concessions’ measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations, in a short time, with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country, in order to increase the potential for internationalization of EU businesses.
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity, collaboration and cooperation and mutual benefit.
Amendment 51 #
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. A report on the main findings and conclusions of the investigation should therefore be publicly available.
Amendment 52 #
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 and protectionist policies in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 54 #
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, 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 during the negotiations. It is necessary to define the “price adjustment” for a uniform interpretation of the provisions of this Regulation.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective and rigorous application thereof.
Amendment 57 #
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 State. Where necessary, the Commission may establish a list on its own initiative and based on the discussion with the Member State concerned.
Amendment 59 #
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 and services meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 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 60 #
Proposal for a regulation
Recital 15
Recital 15
(15) In the light of the overall policy objective of the Union to support the economic growth of developing countries and their integration into the global value chain, which is the basis for the establishment by the Union of a generalised system of preferences as outlined in Regulation (EU) No 978/2012 of the European Parliament and of the Council19 , this Regulation should not apply to tenders where more than 570% of the total value of the tender is made up of goods and services originating, in accordance with the Union’s non- preferential rules of origin, in least- developed countries benefitting from the "Everything But Arms" arrangement or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined respectively in Annexes IV and VII to Regulation (EU) No 978/2012. _________________ 19Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
Amendment 62 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) It is necessary to introduce transitional provisions on negotiation without publication of a notice where contracts awarded under Directive 2004/17/EC and/or Directive 2004/18/EC are amended.
Amendment 62 #
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 or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators and notify the authorities that do not comply with the common commercial policies.
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘economic operator’ means any natural or legal person, any works contractor, service provider, product supplier or public entity or group of such persons and/or entities, including any temporary association of undertakings, which submits a tender for the execution of works and/or a work, the supply of goods or the provision of services on the market;
Amendment 66 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
Amendment 72 #
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 a reasonable time. A report on the main findings of the investigation should therefore be publicly available.
Amendment 88 #
Proposal for a regulation
Recital 33
Recital 33
(33) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement to lay down common rules on the fair treatment of tenders which include goods and services not covered by the international commitments of the Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the fourth paragraph of Article 5 of the Treaty on European Union,
Amendment 93 #
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 to certain tenders or to exclude 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 100 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators 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 and of the Paris Agreement.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Tenders shall be exempted from this Regulation where more than 570% of the total value of the tender is made up of goods and/or services originating in least- developed countries listed in Annex IV to Regulation (EU) No 978/201227 , and in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined in Annex VII to Regulation (EU) No 978/2012. _________________ 27Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
Amendment 110 #
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 concluded within a period of eightsix months after the initiation of the investigation. In duly justified cases, this period may be extended by four months.
Amendment 114 #
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 within six months from the conclusion of the investigation.
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where the Commission finds that there have been restrictive practices of access by Union economic operators or Union goods and services to public procurement or concession contracts in the third country, similar measures shall be established for the third country in relation to the Union;.
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 159 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 131 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Tenders more than 570 % 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 measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) to any tenders offering goods and services originating in the country concerned, where the value of these goods and services accounts for more than 570 % of the total value of the tender.
Amendment 158 #
Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 1
Article 11 – paragraph 1 – point b – paragraph 1
tenders offering goods and services originating in the third country concerned, where the value of those goods and services accounts for more than 570 % of the total value of the tender.
Amendment 184 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1