Activities of Emmanuel MAUREL related to 2012/0060(COD)
Plenary speeches (1)
International procurement instrument (debate)
Shadow reports (1)
SECOND REPORT 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 (35)
Amendment 103 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL))
Amendment 105 #
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 206 of the Treaty on the Functioning of the European Union, (TFEU) the Union, by establishing a customs union, is to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
Amendment 106 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the Charter of Fundamental Rights, the European Union promotes trade in goods and services that respects human dignity by prohibiting forced labour, ensuring equality between men and women in the area of employment, work and pay, promoting working conditions which respect workers’ health, safety and dignity, and protecting intellectual property.
Amendment 107 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) In line with its international commitments, the European Union seeks to protect biodiversity and combat climate change in its approach to managing trade in goods and services.
Amendment 110 #
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitiousThe Union should only advocate the opening of international public procurement markets of the Union and its trading partners, in a spi on the strict of reciprocity and mutual benefitcondition that doing so is legally and materially confirmed to be reciprocal.
Amendment 112 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Access of third-country goods and services to the Union’s internal market in public procurement should be subject to economic and environmental objectives, in particular the implementation of the Paris Agreement on climate change, and social objectives, in particular the application of the conventions of the International Labour Organization, in keeping with the EU Trade Policy Review communicated by the Commission on 18 February 2021.
Amendment 115 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
Amendment 118 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In accordance with the EU Trade Policy Review, the Commission should also verify that third countries that are Party to the Agreement on Public Procurement or that have concluded a trade agreement containing provisions on public procurement have taken effective measures and have adopted the corresponding practices intended to improve the application of environmental standards, in particular the Paris Agreement on climate change, and social standards, in particular the conventions of the International Labour Organization.
Amendment 120 #
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctantOutside the European Union, most third countries are reluctant, for economic, social and sovereign reasons, to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. 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 126 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) On 10 March 2021, the European Parliament adopted a legislative own- initiative report on due diligence and corporate responsibility, calling for mandatory rules to be introduced on due diligence to protect human rights, the environment and good governance in value chains, which would enable Member States to deny public support, particularly through public procurement, to companies that fail to meet the due diligence objectives;
Amendment 127 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 144 #
Proposal for a regulation
Recital 15
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. However, no country listed in these annexes and identified in a Union act, including a Parliament resolution, as being in serious and repeated violation of human rights, civil liberties or the basic principles of the rule of law shall benefit from the aforementioned exemption. _________________ 19Regulation (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).
Amendment 151 #
Proposal for a regulation
Recital 16
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 uniformly apply to tenders submitted by SMEs established in the Union and inlong engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State.
Amendment 203 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 214 #
Proposal for a regulation
Recital 25
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 530% of the total value of their tender is made up of goods or services originating in the third country concerned.
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall apply only with regard to restrictive and/or discriminatory procurement measures or practices implemented by a third country in respect of purchases of non-covered goods and services. The application of this Regulation shall be without prejudice to any international obligations of the Union.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation shall also apply in relation to measures taken or the practices of countries that are Party to the Agreement on Public Procurement or third countries in breach of the Charter of Fundamental Rights, in particular the rights referred to in recital 2a.
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States and their contracting authorities and contracting entities shallmay not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation, other than in the event of force majeure, exceptional circumstances or a threat to the integrity of a European or national economic sector directly or indirectly linked to the subject matter of the public contract in question.
Amendment 338 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
This Regulation shall, however, apply to countries listed in the annexes of the aforementioned texts if they are identified in a European Union act, including a Parliament resolution, as being in serious and repeated violation of human rights, civil liberties or the basic principles of the rule of law.
Amendment 396 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Tenders more than 530 % of the total value of which is made of goods and/or services originating in a third country, mayshall be subject to a price adjustment measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 400 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Price adjustment measures shall only apply to contracts with an estimated value equal to or above EUR 51.000.000 exclusive of value-added tax.
Amendment 404 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
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:
Amendment 406 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 408 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 409 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 410 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 411 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) to tenders submitted by economic operators originating in the third country concerned, unless these economic operators can demonstrate that less than 530 % of the total value of their tender is made up of goods or services originating in the third country concerned;
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) to any tenders offering goods and services originating in the third country concerned, where the value of these goods and services accounts for more than 530 % of the total value of the tender.
Amendment 419 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where the acceptance of a tender submitted by an economic operator originating in a country that is Party to the Agreement on Government Procurement or a third country would lead to the rights of the Charter of Fundamental Rights, in particular those mentioned in recital 2a, being disregarded, the contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the price adjustment measure.
Amendment 454 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 - point a a (new)
Article 11 – paragraph 1 – subparagraph 1 - point a a (new)
(aa) tenders offering unmanufactured finished products, where the value of the components extracted, produced or made in the European Union accounts for less than 55% of the total cost of all components;
Amendment 455 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 - point a b (new)
Article 11 – paragraph 1 – subparagraph 1 - point a b (new)
(ab) tenders from economic operators originating in countries that are party to the Agreement on Government Procurement or third countries that have imposed extraterritorial sanctions on all companies or Member States of the European Union;
Amendment 456 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) tenders offering goods and services originating in the third country concerned, where the value of those goods and services accounts for more than 530 % of the total value of the tender.
Amendment 457 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Contracting authorities and contracting entities shall not apply price adjustment measures to tenders referred to in point (a) where the tenderers can demonstrate that less than 530 % of the total value of their tender is made of goods and services originating in the third country concerned.
Amendment 484 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b