Activities of Bernd LANGE related to 2012/0060(COD)
Plenary speeches (1)
International procurement instrument (debate)
Amendments (19)
Amendment 54 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Public Procurement forms an important part of the EU's GDP and must therefore be used to strengthen the EU's potential for innovation and industrial production. In view of a sustainable industry policy strategy in the European Union, unfair tenders comprising goods and/or services originating outside the European Union must therefore be excluded. At the same time, reciprocity and fair conditions for the market access of EU industries have to be ensured.
Amendment 74 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) When assessing tenders comprising goods and/or services originating outside the European Union, contracting authorities and the European Commission must ensure the compliance with the criteria for fair trade, as well as for the compliance with labour rights and environmental standards as laid down in recital 41a as well as paragraph 2 of Article 15 and Annex 11 of the Directive on public procurement [...] (2013) XXX.
Amendment 76 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 81 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 92 #
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond, and should apply for a period of five years, which can be extended for another five years.
Amendment 95 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) 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 99 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of UnionMember States or their contracting authorities/entities may restrict the access of third country goods and services to the publicir tendering procedurement markets of third countriess only by measures provided and authorized by EU law.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of contracting authorities/entities the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditions. Where a contracting authority/entity intends to request the exclusion from procedures for the award of contracts, it shall notify its intention to the European Commission. Whenever the Commission receives such a notification, it should automatically launch an external procurement investigation as set out in article 8.
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For contracts referred to in paragraph 1, the Commission shall adopt an implementing act concerning the approval of the intended exclusion within a period ofWhere the European Commission assesses a lack of substantial reciprocity, following the procedure set in Article 8, the Commission shall adopt an implementing act allowing contracting entities two months commencing on the first working day following the date on which it receives the notification. Those implementing acts shall be adopted in accordance with the examination procedure referred to inreject, according to article 6 (1), the tender(s) concerned by the investigation. Contracting authorities/entities shall indicate this in the contract notice they publish pursuant to Article 147 (2). This period may be extended once by a maximum of two months in duly justified cases, in particular if thof the Directive on public procurement [...] (2013) XXX. Contracting authorities/entities shall require tenderers to provide information contained in the notification or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. If, at the end of this two-mon the origin of the goods and/or services contained in the tender, and their value. They shall accept self-declarations as preliminary evidence that tenders cannot be excluded. A contracting authority may ask a tenderer at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the period,roper conduct orf the extended period the Commission has not adopted a decision approving or disapproving the exclusion, the exclusion shall be deemed to have been disapprocedure. The Commission may adopt implementing acts establishing standard forms for declarations concerning the origin of goods and services. Those implementing acts shall be adopted in accordance with the advisory provced by the Commissionure referred to in Article 17 (3).
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
Article 6 – paragraph 4 – subparagraph 1 – point b
(b) where an agreement referred to in point (a) does not exist and 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, notably where those restrictive measures are detrimental to the EU's industrial policy.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
Article 6 – paragraph 5 – point b a (new)
(ba) to what degree the non-observance of international labour law provisions listed in Annex XI of the Directive on public procurement [...] (2013) XXX and in Annex XIV of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2013) XXX by public authorities have led to difficulties encountered and reported by European undertakings when these undertakings have tried to secure the award of contracts in third countries.
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 172 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 178 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
(1b) The explanations referred to in paragraph 1 a (new) may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance 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 XI of the Directive on public procurement [...] (2013) XXX or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) compliance of subcontractors with the obligations referred to in paragraph 1 a (new) - letter (d). With the aim of avoiding breaches of these obligations Member States and contracting authorities may take appropriate measures; (f) the possibility of the tenderer obtaining State aid.
Amendment 184 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 192 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 246 #
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 6, the Commission may adopt implementing acts to temporarily limit the access of non- covered goods and services originating in a third country for five years, which can be extended for another five years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).