[ParlTrack]

Christofer FJELLNER, María Auxiliadora CORREA ZAMORA, Pablo ZALBA BIDEGAIN, Elisabeth KÖSTINGER

Proposal for a regulation
–

The European Parliament rejects [the Commission proposal].

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2018/03/22
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 6 – paragraph 1

1. Upon request of contracting authorities/entities the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditions.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 6 – paragraph 2

~~2. [...]~~deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 6 – paragraph 3

3. For contracts referred to in paragraph 1, the Commission shall adopt an implementing act concerning the approval of the intended exclusion within a period of two months commencing on the first working day following the date on which it receives the notification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2). This period may be extended once by a maximum of two months in duly justified cases, in particular if the information contained in the notification or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. If, at the end of this two-month period, or the extended period the Commission has not adopted a decision approving or disapproving the exclusion, the exclusion shall be deemed to have been disapproved by the Commission.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 6 – paragraph 4

4. When adopting implementing acts pursuant to paragraph 3, the Commission shall approve the intended exclusion in the following cases: (a) if the international agreement concerning market access in the field of public procurement between the Union and the country where the goods and/or services originate contains, for the goods and/or services for which the exclusion is proposed, explicit market access reservations taken by the Union; (b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. For the purposes of point (b), a lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services. When adopting implementing acts pursuant to paragraph 3, the Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 6 – paragraph 5

5. When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following: (a) to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators; (b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 7

Article 7 Abnormally low tenders Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. A contracting authority/entity may withhold any information release of it would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of economic operators, whether public or private, or might prejudice fair competition between them.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2

~~In particular, the Commission shall take into account whether a number of intended exclusions have been approved pursuant to Article 6(3) of this Regulation.~~deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 8 – paragraph 2

~~2. The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6.~~deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2

In the event that the country concerned declines the invitation to enter into consultation, the Commission shall, when adopting implementing acts under Article 10 to limit the access of goods and services originating in that third country, decide on the basis of the facts available.deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – point ii

~~(ii) act under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country~~deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 9 – paragraph 6

6. In the event that a consultation with a third country does not lead to satisfactory results within 15 months from the day the consultation with the third country started, the Commission shall terminate the consultation and consider acting under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country .deleted

2013/10/03
Committee: INTA

Christofer FJELLNER

Proposal for a regulation
Article 10

Article 10 Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 1. Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the Union and the third country as referred to in Article 6, the Commission may adopt implementing acts to temporarily limit the access of non-covered goods and services originating in a third country. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of tenders of which more than 50 % of the total value is made up of non-covered goods or services originating in the country adopting or maintaining a restrictive procurement practice; and/or (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice. 3. Measures adopted pursuant to paragraph 1 may in particular be limited to: (a) public procurement by certain defined categories of contracting authorities/entities; (b) public procurement of certain defined categories of goods or services; (c) public procurement above or within certain defined thresholds.deleted

2013/10/03
Committee: INTA

Activities of Christofer FJELLNER related to 2012/0060(COD)

Plenary speeches (1)

Amendments (14)

ParlTrack - 2011-2024