Activities of Anne-Sophie PELLETIER 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 (14)
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improvelink the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries to compliance on the part of the third countries concerned with the conventions of the International Labour Organization and European environmental standards. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countries against Union economic operators, goods and services, such as social or environmental dumping practices, and to enter into consultations with the third countries concerned in order to determine what remedial action might be taken.
Amendment 94 #
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 measuremeasures restricting access 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 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 assessmentinvestigation shall be concluded within a period of eight months after the initiation of the inveseight months after its initigation. In duly justified cases, this period may be extended by four months. In its investigation the Commission shall pay due regard to compliance with the conventions of the International Labour Organization and to European environmental standards, as well as to any other kind of dumping practised by the third country concerned.
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the Commission concludes as a result of its investigation that the alleged restrictive and/or discriminatory procurement measures or practices are not maintained by the third country concerned or that they do not result in restrictions to access by Union economic operators or Union goods and services to the public procurement or concession markets of the thirdat country concerned, the Commission shall, it shall terminate the investigation. The terminateion of the investigation. must be duly justified.
Amendment 116 #
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 as soon as possible. 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 of that country and also with a view to ensuring the application of the principles of transparency and equal treatment.
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 3 – point ii – paragraph 1
Article 7 – paragraph 3 – point ii – paragraph 1
decide, by implementing act, to impose a price adjustment measure pursuant to Article 8. withdraw access to European public procurement markets for the third country concerned; this measure shall not apply to tenders where more than 50% of the total value of the tender is made up of goods and/or services originating in the least-developed countries listed in Annex IV to Regulation (EU) 978/2012 or to developing countries which are considered to be vulnerable.
Amendment 122 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 124 #
Proposal for a regulation
Article 7 – paragraph 5 – point c – paragraph 1
Article 7 – paragraph 5 – point c – paragraph 1
Amendment 125 #
Proposal for a regulation
Article 7 – paragraph 5 – point c – paragraph 2
Article 7 – paragraph 5 – point c – paragraph 2
Amendment 128 #
Proposal for a regulation
Article 8
Article 8
Amendment 132 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 150 #
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 adjustment measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions. The withdrawal of this measure shall be duly justified and the information made available to the public.