[ParlTrack]

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 9

(9) Directive 2014/25/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. _________________ 16Directive 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).deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 11

(11) In ~~the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting enti~~ternational market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions require, inter alia, the equal treatment of economic operators from those countries. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from countries that are not parties to the plurilateral WTO Agreement on Government Procurement or to bilateral or multilateral trade agreements with the Union that include commitments on access to procurement and concessions markets, or from countries that are parties, t~~he international market access commitments undertaken by the Union towards~~o such agreements but only regarding procurement procedures for goods, services or concessions that are not covered by those agreements. Irrespective of the application of measures adopted under this Regulation, and in accordance with the Communication from the Commission of 24 July 2019 on ‘Guidance on the participation of third- countr~~ies in the field of public procurement and concessions should be reflected in the legal order of the EU, th~~y bidders and goods in the EU procurement market’ and with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, economic operators from third countries which do not have any agreement providing for the opening of the Union’s procurement market or whose goods, services and works are not covered by ~~ensuring effective application thereof.~~ such an agreement, do not have secured access to procurement procedures in the Union and could be excluded.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
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 50% 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).deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 16

(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 17

(17) When assessing whether ~~restrictive and/or discriminatory procurement~~ measures or practices exist in a third country that 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

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
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.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

Proposal for a regulation
Recital 19

(19) The Commission should ~~be abl~~at any time, on its own initiative or, at the application of EU interested parties or a Member State, ~~to initiate at any tim~~or at the request of the European Parliament, initiate 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~~The Committee on International Trade can initiate and approve such a request on behalf of the European Parliament ~~and of the Council~~ .

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

Proposal for a regulation
Recital 19 a (new)

(19a) When determining whether the adoption of an IPI measure is in the EU interest, the objective of achieving reciprocity by opening third country procurement markets and improving market access opportunities for Union economic operators should be prioritized.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA

Proposal for a regulation
Recital 19 b (new)

(19b) If the Commission concludes that there is a considerable market presence of economic operators from the third country concerned on the European Single Market, it should consider exclusion instead of a score adjustment measure when adopting an IPI measure.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 19 c (new)

(19c) Given the overall policy objective of the Union to support the economic growth of least developed countries (LDCs) and their integration into global value chains, it would not be in the Union’s interest to start an investigation against such countries under this Regulation, unless there are reasonable indications of circumvention of any adopted IPI measures. Consequently, this Regulation is not intended to apply to LDCs benefitting from the "Everything But Arms" arrangement as defined in Regulation (EU) No 978/2012.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

(20) ~~If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed~~When conducting the investigation, the Commission should invite the third country concerned to enter into consultations with a view to eliminating and remedying any restrictive measures or practices and effectively improving the tendering opportunities for Union economic operators, goods and services in respect of ~~public~~ procurement and concession markets in that country.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA, Dita CHARANZOVÁ

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 sufficient satisfactory corrective action(s) that effectively result in improvements to the tendering opportunities for Union economic operators, goods and services within a ~~reasonable~~short timeframe, or the ~~Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/~~third country concerned declines to enter into consultations, the Commission should adopt, under this Regulation, IPI measures in the form of a score adjustment or inexclu~~ding goods and services originating in that country~~sion of tenders.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 23

(23) ~~Such~~A score adjustment measures should be applied only for the purpose of the evaluation of tenders ~~comprising goods or service~~submitted by economic operators 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 withIt should not affect the price actually due to be paid under the econ~~omy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond~~tract to be concluded with the successful tenderer.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 23 a (new)

(23a) In light of the overall policy objective of the Union to support small and medium-sized enterprises (SMEs), the Commission and contracting authorities and contracting entities should duly consider the effects under this Regulation, with a view to limiting the administrative burden for SMEs. The Commission in cooperation with the Member States should make available guidelines for best practices for SMEs, in order to ensure the efficiency of this Regulation and the consistency of its implementation.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 23 b (new)

(23b) To avoid possible circumvention of an IPI measure, additional contractual obligations should be imposed and its implementation monitored after the award of the contract. Those obligations should only apply in case of procurement procedures to which an IPI measure is applicable, as well as to contracts awarded based on a framework agreement where such contracts are equal to or above a certain threshold and when that framework agreement was subject to an IPI measure.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

Proposal for a regulation
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.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 25

(25) In order to simplify the application of a price adjustment measure by contracting authorities or contracting entities, there should be a presumption that all economic operators originating in a targeted third country with which there is no agreement on procurement will be subject to the measure, unless they can demonstrate that less than 50% of the total value of their tender is made up of goods or services originating in the third country concerned.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
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.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 27

(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore, contracting authorities and contracting entities should be able ~~not to apply price adjustment~~, on an exceptional basis, to not apply IPI measures limiting access of non- covered goods and services i~~n case~~f there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity or where such action relates to safeguarding essential public ~~needs, for example~~policy needs in the fields of ~~health and~~ public s~~afe~~ecurity, or ~~where t~~public health. The application of the ~~measure would lead to a disproportionate increase in the price or costs of the contract~~se exceptions should require the prior approval of the Commission before awarding any contract. The contracting authorities and contracting entities should consult with the Commission in a timely and comprehensive manner when they intend to submit a request for an exception, as well as to allow for appropriate monitoring of the implementation of this Regulation.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 28

(28) In case of misapplication by contracting authorities or contracting entities of ~~exceptions to price adjustment measures limiting ac~~IPI measures, which negatively affects the chancess of ~~non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of~~economic operators having a right to participate in the procurement procedure, Council Directives 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustment measures limiting access of non-covered goods and services should be ineffective. _________________ 20Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 21Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14) and 92/13/EEC should be applicable. The affected economic operator may therefore initiate a review procedure according to the national law implementing these Directives, if, for example, a competing economic operator should have been excluded or a bid should have been ranked lower due to the application of an IPI measure. The Commission should also be able to apply the corrective mechanism according to Article 3 of Council Directive 89/665/EEC7 or Article 8 of Council Directive 92/13/EEC8.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Recital 32

(32) ~~Regular reporting by the Commission should make it possible to monitor the application and efficiency of the procedures established by this Regulation~~In line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and with the view, among others, to ease administrative burdens, in particular on Member States, the Commission should review the scope, functioning and efficiency of this Regulation. Such review will address, inter alia, the effectiveness of the IPI measures, the thresholds, the additional contractual obligations, as well as the use of exceptions. The Commission should report on its assessment to the European Parliament and the Council. The review may be followed up by appropriate legislative proposals.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 1 – paragraph 5

5. Member States and their contracting authorities and contracting entities shall not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)

(aa) ‘score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents. In cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer;

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 4

~~originating in least-developed and certain Tenders shall be exempted from this Regulation where more than 50% of the total value of the tender is made up of~~Article 4 deleted Exemption for 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).developing countries

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 5

Exemption for tenders submitted by SMEs Tenders submitted by SMEs28 established in the Union and engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State, shall be exempted from this Regulation. _________________ 28As defined in the Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).Article 5 deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Chapter 3 – title

Investigations, consultations and ~~price adjustment measure~~additional contractual obligations

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – title

Investigations and consultations

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1

~~Where t~~The Commission ~~considers it to be in the interest of the Union, it may~~shall at any time, on its own initiative or, upon a~~pplication of~~ substantiated complaint of an EU interested part~~ies~~y or a Member State, or at the request of the European Parliament, initiate an investigation into an alleged ~~restrictive and/or discriminatory procurement measur~~third-country measure or practice by publishing a notice in the Official Journal of the European Union. The notice of the initiation shall include the Commission’s preliminary assessment of the third country measure or practice and may invite EU interested parties and Member States tor pr~~actices~~ovide information to the Commission within a specified period of time.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)

Upon publication of the notice, the Commission shall invite the third country concerned to submit its views, provide information and enter into consultations with the Commission in order to remove the alleged third-country measure or practice. The Commission shall regularly inform Member States within the Committee established by Article 7 of Regulation (EU) 2015/1843 of the European Parliament and of the Council1a (“Trade Barriers Regulation”) and the European Parliament. _________________ 1aRegulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 272, 16.10.2015, p. 1).

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2

If an investigation is initiated, the Commission shall publish a notice in the Official Journal of the European Union, inviting interested parties and Member States to provide all relevant information to the Commission within a specified period of time.deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 2

2. The ~~assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adop~~investigation and consultations shall be concluded within a period of six months after the dated 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 eight months after the initiation of the investigation. In duly justified cases, this period may be extended by four monthsf the publication in the Official Journal of the initiation notice. In duly justified cases, the Commission may, before the end of the initial six months, extend that period by three months, by publishing a notice in the Official Journal of the European Union and informing the third country, EU interested parties, Member States and the European Parliament.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Upon conclusion of the investigation and consultations, the Commission shall make publicly available a report recording the main findings of the investigation and a proposed course of action. If the Commission decides to apply an IPI measure, it will specify whether it proposes to impose a score adjustment measure or exclusion.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 3

3. ~~Where~~If the Commission concludes ~~as a result of~~, following its investigation, that the alleged ~~restrictive and/or discriminatory procurement~~third-country measures or practice~~s are~~ is not maintained or that it~~hey~~ does not result in ~~restrictions to~~a serious and recurrent impairment of access byof Union economic operators or Union goods ~~and~~or services to the ~~public~~ procurement or concession markets of the third country ~~concerned~~, the Commission shall terminate the investigation. , and publish a notice of termination in the Official Journal of the European Union.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. The Commission may suspend the investigation and consultations at any time if the third country: (a) takes corrective measures that effectively improve the access of Union economic operators or Union goods or services, or (b) undertakes commitments towards the Union to eliminate or phase out the third country measure or practice within a reasonable period of time and no later than three months. The Commission shall resume the investigation and consultations if it concludes that the reasons for the suspension are no longer valid in accordance with this Article. The Commission shall publish a notice in the Official Journal of the European Union in case of suspension or resumption of the investigation and consultations.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 7

~~[...]~~deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 8

1. Tenders more than 50 % 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. Price adjustment measures shall only apply to contracts with an estimated value equal to or above EUR 5.000.000 exclusive of value-added tax. 2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of the tenders concerned. It shall also specify any restrictions to the scope of application of the measure, such as those related to: (a) public procurement of specific categories of contracting authorities or contracting entities; (b) public procurement of specific categories of goods or services or tenders submitted by specific categories of economic operators; (c) public procurement above or within certain thresholds; (d) tenders submitted for specific categories of concessions; (e) the territories of certain subcentral levels of government. 3. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the price adjustment measure to the following: (a) to tenders submitted by economic operators originating in the third country concerned, unless these economic operators can demonstrate that less than 50 % of the total value of their tender is made up of goods or services originating in the third country concerned; and (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 50 % of the total value of the tender.Article 8 deleted Price adjustment measures

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Samira RAFAELA

Proposal for a regulation
Article 8 a (new)

Article 8a IPI Measures 1. If the Commission concludes, following an investigation and consultations pursuant to Article 6, that a third country measure or practice exists, it shall, if it considers it to be in the interest of the Union, with a view to opening third country procurement markets, impose an IPI measure by means of an implementing act as provided in paragraph 5 of this Article. An IPI measure shall only apply if the main object of the procurement procedure falls within the scope of the implementing act as defined in accordance with paragraph 7(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 Commission should give special consideration to the main objective of achieving reciprocity by opening third country procurement markets and improving market access opportunities for Union economic operators when determining whether an IPI measure should be adopted. 3. If the Commission concludes that there is a considerable market presence of economic operators from the third country concerned on the European Single Market, it shall consider imposing exclusion instead of a score adjustment measure when adopting an IPI measure. 4. The IPI measure shall be determined on the basis of the following criteria, in light of available information and the Union’s interest: (a) the proportionality of the IPI measure regarding the third-country measure or practice which leads to the restriction of access of Union goods, services or economic operators to the concerned country´s procurement or concession markets; (b) the availability of alternative sources of supply for the goods and services concerned. 5. 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. 6. 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. 7. 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: (a) impose a score adjustment measure on tenders submitted by economic operators originating in the that third country; or (b) exclude tenders submitted by economic operators originating in that third country; or (c) impose a combination of (a) and (b), if different sectors or categories of goods and services are subject to IPI measures. 8. The score adjustment measure referred to in paragraph 5(a) shall apply only for the purpose of the evaluation and ranking of the tenders. It shall not affect the price due to be paid under the contract to be concluded with the successful tenderer. 9. 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 2195/200226 as well as any applicable exceptions therein; (b) specific categories of contracting authorities or contracting entities; (c) specific categories of economic operators. (d) as regards the score adjustment measure referred to in paragraph 5(a), the percentage value of the adjustment shall be set up to 50% of the evaluation score of the tender depending on the third country and sector of goods, services, works or concessions envisaged. 10. The Commission may withdraw the IPI measure or suspend its application if the third country takes satisfactory corrective actions or undertakes commitments to eliminate the measure or practice in question. If the Commission concludes that the corrective actions or commitments undertaken have been rescinded, suspended or improperly implemented, it shall make publicly available its findings and shall 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. 11. 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. If a review shows that the IPI measure has not been sufficiently effective, the Commission can decide to impose a higher score adjustment measure or exclusion following the review. 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

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 9

Authorities or entities concerned 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.rticle 9 deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

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) 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 and/or services supplied or 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(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 paragraph 1(a) and/or 1(b) 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 support SMEs with a view to ensuring 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

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 10

Withdrawal or suspension of price 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. Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustment measure, at any time, by means of an implementing act. 2. The Commission shall make publicly available its findings regarding the remedial or corrective actions taken by the third country concerned. 3. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 14(2).Article 10 deleted adjustment measures

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

~~[...]~~deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 1 – introductory part

1. Contracting authorities and contracting entities may ~~decide no~~, on an exceptional basis, decide to submit a request to not apply ~~the price adjustment~~an IPI measure with respect to a procurement or a concession procedure if:

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 1 – point a

(a) there are ~~no Union and/or covered goods or services available which meet the requirements of~~only tenders from economic operators originating in the countr~~acting authority~~y subject to an IPI measure, or con~~tracting entity~~ly such tenders meet the tender requirements; or

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)

(aa) this is justified for overriding reasons of public interest in the field of public security or public health;

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 1 – point b

~~(b) the application of the measure would lead to a disproportionate increase in the price or costs of the contract.~~deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 2

2. Where a contracting authority or contracting entity ~~intends no~~decides to submit a request to not apply a ~~price adjustment~~n IPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract noticrequest the Commission, no later than thirty days before the award of the contract. The Commission may approve an exception if it fulfils the requirements in paragraph 1. The Commission shall ensure that exceptions are implemented in a uniform manner. The Commission shall reject a request for an exception to apply an IPI measure if the request does not fulfil the requirements in paragraph 1. If the Commission intends to reject a request for an exception to apply an IPI measure, it shall notify the contracting authority or contracting entity within the aforementioned time.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Any contracting authority or contracting entity seeking to invoke an exception set out in paragraph 1 shall require the approval by the Commission before the award of the contract.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 12 – paragraph 3 – introductory part

3. The ~~notification~~request for an exception by a contracting authority or contracting authority shall contain the following information:

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 15

1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested. 2. Neither the Commission nor the Council, nor the European Parliament nor Member States, nor their officials shall reveal any information of a confidential nature received pursuant to this Regulation, without specific permission from the supplier of such information. 3. The supplier of information may request to treat information submitted as confidential. The request for confidentiality shall be accompanied by a non-confidential summary of the information or a statement of the reasons why the information cannot be summarised. 4. If a request for confidentiality is not justified and if the supplier is unwilling either to make the information public or to authorise its disclosure in generalised or summary form, the information in question may be disregarded. 5. Paragraphs 1 to 4 shall not preclude the disclosure of general information by the Union authorities. Such disclosure must take into account the legitimate interest of the parties concerned in not having their business secrets divulged.Article 15 deleted Confidentiality

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 16 – paragraph 1

~~By 31 December 2018~~One year after the date of entry into force of this Regulation and at least every ~~three~~ years thereafter , the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for Union economic operators to p~~ublic contract or concession award procedures in~~rocurement and concession markets of third countries undertaken under this Regulation. ~~To this effect,~~ Member States shall upon request provide the Commission with appropriate information. on the application of measures under this Regulation, including as regards the number of procurement procedures at central and sub-central level in which a given IPI measure was applied, the number of tenders received from third countries subject to that IPI measure, as well as cases in which a specific exception from the IPI measure was applied.

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 17

A~~mendment of Directive 2014/25/EU Articles 85 and 86 of Directive 2014/25/EU shall be deleted with effect from the entry into force of this Regulation.~~rticle 17 deleted

2021/10/18
Committee: INTA

Liesje SCHREINEMACHER, Marie-Pierre VEDRENNE, Samira RAFAELA, Dita CHARANZOVÁ

Proposal for a regulation
Article 17 a (new)

Article 17a Review No later than three years after the date of entry into force of this Regulation and every three years thereafter, the Commission shall review the scope, functioning and efficiency of this Regulation, and shall report its findings to the European Parliament and the Council.

2021/10/18
Committee: INTA

52 Amendments of Samira RAFAELA related to 2012/0060(COD)

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