Activities of Jiří MAŠTÁLKA related to 2012/0060(COD)
Shadow opinions (1)
OPINION on the amended 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 (7)
Amendment 17 #
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter aliashould seek to develop relations and build partnerships with third countries, and international, regional or global organizations which share the principles referred to in the first subparagraph of that article, and the Union should define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, and to promote an international system based on stronger multilateral cooperation and good global governance.
Amendment 27 #
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done, because they consider public procurement as an important instrument to address development needs of their population, in particular in rural areas. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 38 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third countrythe legitimacy of applied public procurement restrictions, the Commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination particularly against Union goods, services and economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices considered illegitimate against Union goods, services and economic operators.
Amendment 42 #
Proposal for a regulation
Recital 18
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 Regulationin Directive 2014/24/EU of the European Parliament and of the Council1a and related directives, or other respective provisions established in accordance with the treaties. ____________________ 1a Directive2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
Amendment 45 #
Proposal for a regulation
Recital 19
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 investigation into illegitimate 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 48 #
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of an illegitimate restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country.
Amendment 73 #
Proposal for a regulation
Article 12 – paragraph 3 – point c a (new)
Article 12 – paragraph 3 – point c a (new)
(ca) information regarding environmental, labour and wage conditions involved in the offer, in order to prevent social or environmental dumping;