12 Amendments of Patricia LALONDE related to 2012/0060(COD)
Amendment 72 #
Proposal for a regulation
Recital 9
Recital 9
(9) Directive 20104/25/EU of the European Parliament and of the Council16 contains only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 85 and 86 . These provisions have a limited scope and should be replaced by a more effective instrument. _________________ 16 Directive 2014/25/EU of the European Parliament and of the Council, of February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L 94, 28.3.2014, p. 243).
Amendment 81 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be able, on its own initiative or at the applicationrequest of interested parties, a contracting authority or a contracting entity of the EU 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 93 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 120 #
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 applicationat the request of interested parties, a contracting or awarding authority of the EU or a Member State, initiate an investigation into alleged restrictive and/or discriminatory procurement measures or practices.
Amendment 126 #
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 shall 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 leswhich are as favourable thanas those accorded to national economic operators, goods and services of that country and also with a view to ensuring the application of the principles of transparency and equal treatment.
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where, after the initiation of a consultations, it appears that the most appropriate means to end a restrictive and/or discriminatory procurement measure or practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with Articles 207 and 218 of the Treaty on the Functioning of the European Union.. While such negotiations are ongoing, the investigation may be suspended.
Amendment 130 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) Accession to the WTO Agreement on Government Procurement without substantial reservations;
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 144 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
Article 8 – paragraph 1 – subparagraph 2 a (new)
The restrictive measures adopted pursuant to the first subparagraph may consist of: (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 concerned;or (b) a mandatory price penalty of no less than 30% on that part of the tender consisting of non-covered goods or services which originate in the country concerned.
Amendment 171 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 176 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1