[ParlTrack]

Daniel CASPARY, Christophe HANSEN, Sven SIMON, Iuliu WINKLER, Arnaud DANJEAN, Anna-Michelle ASIMAKOPOULOU, Massimiliano SALINI, Jörgen WARBORN

Proposal for a regulation
Recital 17

(17) When assessing whether restrictive and/or discriminatory ~~procurement~~ measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws ~~on public~~, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards ~~in the field of public procurement~~, and do not result in serious and prec~~lude any discrimina~~urring restrictions against Union goods, services ~~and~~or economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt ~~discriminatory~~restrictive practices against Union goods, services ~~and~~or economic operators.

2021/10/18
Committee: INTA

Jörgen WARBORN

Proposal for a regulation
Recital 19

(19) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external and transparent procurement investigation into restrictive or discriminatory 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 .

2021/10/18
Committee: INTA

Daniel CASPARY, Christophe HANSEN, Sven SIMON, Iuliu WINKLER, Arnaud DANJEAN, Anna-Michelle ASIMAKOPOULOU, Massimiliano SALINI, Jörgen WARBORN, Danuta Maria HÜBNER, Gabriel MATO

Proposal for a regulation
Recital 19 a (new)

(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users and consumers. The Commission should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation, on EU’s broader interests. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be given special consideration. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.

2021/10/18
Committee: INTA

Jörgen WARBORN

Proposal for a regulation
Recital 22

(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the third country concerned do not lead to s~~ufficient~~atisfactory corrective action(s) that result in 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 country~~under this Regulation, measures in the form of exclusion of tenders (‘IPI measures’).

2021/10/18
Committee: INTA

Jörgen WARBORN

Proposal for a regulation
Recital 23

(23) Such measures should be applied only for the purpose of the evaluation of 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. Measures should not aim to completely restrict foreign competition in the European procurement market, there should be efficiency and flexibility for the EU to continue to procure high quality goods and services at reasonable prices of taxes for the Member State.

2021/10/18
Committee: INTA

Daniel CASPARY, Christophe HANSEN, Sven SIMON, Iuliu WINKLER, Arnaud DANJEAN, Anna-Michelle ASIMAKOPOULOU, Massimiliano SALINI, Jörgen WARBORN, Danuta Maria HÜBNER, Gabriel MATO

Article 8a IPI Measures 1. Where the Commission finds, following an investigation and consultations pursuant to Article 6, that a third country measure or practice exists, it may, if it considers it to be in the interest of the Union, impose an IPI measure by means of an implementing act. An IPI measure shall only apply if the main object of the procurement procedure falls within the scope of the implementing act, as specified in accordance with paragraph 6 point (a). The design of the procurement procedure shall not be made with the intention of excluding it from the scope of this Regulation. 2. The IPI measure shall be determined on the basis of the following criteria, in light of available information and the Union’s interest: (a) proportionality of the IPI measure with regard to the third country measure or practice; (b) availability of alternative sources of supply for the goods and services concerned, in order to avoid or minimise a significant negative impact on contracting authorities or contracting entities; (c) the engagement of undertakings from the targeted third country in procurement activities in the internal market, benefiting from the lack of reciprocity. 3. The IPI measure shall only apply to procurement procedures with an estimated value of at least EUR 10 000 000 net of value-added tax for works and concessions, and of at least EUR 5 000 000 net of value-added tax for goods and services. 4. The IPI measure shall also apply in the case of specific contracts awarded under a dynamic purchasing system, when those dynamic purchasing systems were subject to the IPI measure, with the exception of specific contracts the estimated value of which is below the respective values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU. The IPI measure shall not apply to procedures for the award of contracts based on a framework agreement. The IPI measure shall also not apply to individual lots to be awarded according to Article 5 (10) of Directive 2014/24/EU or Article 16 (10) of Directive 2014/25/EU. 5. In its implementing act, the Commission may decide, within the scope defined in paragraph 6 of this Article, to restrict the access of operators, goods or services from third countries to procurement procedures by requiring contracting authorities or contracting entities to exclude tenders submitted by economic operators originating in those third countries. 6. The implementing act, adopted in accordance with Article 14(2), shall specify the scope of application of the IPI measure, including: (a) the sectors or the categories of goods, services and concessions based on the Common Procurement Vocabulary set out in Regulation (EC) No 2195/2002 as well as any applicable exceptions therein; (b) specific categories of contracting authorities or contracting entities; (c) specific categories of economic operators. 7. The Commission shall impose an IPI measure, according to paragraph 5, only when the third country measure or practice is sufficiently severe and the potential negative impact due to the limited availability of alternative sources, as provided for in paragraph 2 point (b), is comparatively small. 8. The Commission may withdraw the IPI measure or suspend its application if the third country takes satisfactory corrective actions or undertakes commitments to end the measure or practice in question. If the Commission considers that the corrective actions or commitments undertaken have been rescinded, suspended or improperly implemented, it shall make publicly available its findings and may reinstate the application of the IPI measure at any time. The Commission may withdraw, suspend or reinstate an IPI measure in accordance with the examination procedure referred to in Article 14(2) and followed by the publication of a notice in the Official Journal of the European Union. 9. An IPI measure shall expire five years from its entry into force or its extension, unless a review shows a need for continued application of an IPI measure. Such a review shall be initiated, by a publication of a notice in the Official Journal of the European Union, on the initiative of the Commission nine months before the date of the expiry, and shall be concluded within six months. Following the review, the Commission may extend the duration of an IPI measure for a period of another five years in accordance with the examination procedure referred to in Article 14(2).

2021/10/18
Committee: INTA

Jörgen WARBORN

Proposal for a regulation
Article 9 – paragraph 1

The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved. The Commission shall aim to reduce the administrative burden as much as possible for contracting authorities, entities and enterprises, especially for SMEs.

2021/10/18
Committee: INTA

Daniel CASPARY, Christophe HANSEN, Sven SIMON, Iuliu WINKLER, Arnaud DANJEAN, Anna-Michelle ASIMAKOPOULOU, Massimiliano SALINI, Jörgen WARBORN, Danuta Maria HÜBNER, Gabriel MATO

Proposal for a regulation
Article 9 a (new)

Article 9a Additional contractual obligations upon the successful tenderer 1. In the case of procurement procedures to which an IPI measure is applicable, as well as in the case of contracts awarded based on a framework agreement where the estimated value of those contracts is equal or above the values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, respectively, and where those framework agreements were subject to the IPI measure, contracting authorities and contracting entities shall also include, among the conditions of the contract with the successful tenderer: (a) a commitment not to subcontract more than 30% of the total value of the contract to economic operators originating in a third country which is subject to an IPI measure; (b) for contracts whose subject matter covers the supply of goods, a commitment that, for the duration of the contract, goods supplied and/or services provided in the execution of the contract and originating in the third country which is subject to the IPI measure represent no more than 30% of the total value of the contract, whether such goods and/or services are supplied or provided directly by the tenderer or by a subcontractor; (c) an obligation to provide, upon request, adequate evidence corresponding to points (a) and/or (b) to the contracting authority or the contracting entity at the latest upon completion of the execution of the contract; (d) a proportionate charge, in case of non-observance of the commitments referred in points (a) or (b) between 10% and 30% of the total value of the contract. 2. For the purposes of paragraph 1 point (c), it is sufficient to provide evidence that more than 70% of the total value of the contract originates in countries other than the third country subject to the IPI measure. The contracting authority or contracting entity shall request evidence in case of reasonable indications of incompliance with points (a) or (b) of paragraph 1 or if the contract is awarded to a group of economic operators comprising a legal person originating in the country subject to an IPI measure. 3. For tenders submitted by autonomous SMEs, as defined in the Commission Recommendation 2003/361/EC, originating in the Union or in a third country with which the Union has concluded an international agreement in the field of procurement, the Commission and the Member States shall make available guidelines for best practices to ensure the efficiency of this Regulation and the consistency of its implementation. Those guidelines shall take into account, in particular, the information needs of SMEs. 4. Contracting authorities and contracting entities shall include a reference to the additional conditions laid down in this Article in the documents for procurement procedures to which an IPI measure is applicable.

2021/10/18
Committee: INTA

8 Amendments of Jörgen WARBORN related to 2012/0060(COD)

ParlTrack - 2011-2024