BETA

Activities of Daniel CASPARY related to 2012/0060(COD)

Plenary speeches (2)

International procurement instrument (debate)
2022/06/08
Dossiers: 2012/0060(COD)
International procurement instrument (debate)
2022/06/08
Dossiers: 2012/0060(COD)

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
2021/12/06
Committee: INTA
Dossiers: 2012/0060(COD)
Documents: PDF(404 KB) DOC(194 KB)
Authors: [{'name': 'Daniel CASPARY', 'mepid': 28219}]

Amendments (32)

Amendment 47 #
Proposal for a regulation
Title 1
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 concessions and procedures supporting negotiations on access of Union goods and services to the public procurement markets and to the concessions of third countries (Text with EEA relevance)
2013/10/03
Committee: INTA
Amendment 53 #
Proposal for a regulation
Recital 5
(5) Within the context of the World Trade Organisation and through its bilateral relations the Union advocates an ambitious opening of international public procurement and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.
2013/10/03
Committee: INTA
Amendment 56 #
Proposal for a regulation
Recital 6
(6) 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. 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.
2013/10/03
Committee: INTA
Amendment 58 #
Proposal for a regulation
Recital 8
(8) In accordance with Article 207 TFEU the common commercial policy in the field of public procurement and concessions is to be based on uniform principles.
2013/10/03
Committee: INTA
Amendment 60 #
Proposal for a regulation
Recital 9
(9) In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.
2013/10/03
Committee: INTA
Amendment 64 #
Proposal for a regulation
Recital 10
(10) The objectives of improving the access of EU economic operators to the public procurement and concessions markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union.
2013/10/03
Committee: INTA
Amendment 65 #
Proposal for a regulation
Recital 12
(12) The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts13 ] exclude, for contractprocedures for the award of contracts or concessions with an estimated value equal or above EUR 5.000.000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union. __________________ 13 OJ L…. OJ L….
2013/10/03
Committee: INTA
Amendment 66 #
Proposal for a regulation
Recital 13
(13) For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts or concessions should inform economic operators thereof in the contract notice published in the Official Journal of the European Union.
2013/10/03
Committee: INTA
Amendment 69 #
Proposal for a regulation
Recital 15
(15) For contracts and concessions with an estimated value equal or above EUR 5.000.000 the Commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement and concessions 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. Where such an agreement does not exist, the Commission should approve the exclusion where the third country maintains restrictive procurement measures in the field of procurement or the award of leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity should be presumed where restrictive procurement measures in the field of procurement or the award of result in serious and recurring discriminations of EU economic operators, goods and services.
2013/10/03
Committee: INTA
Amendment 72 #
Proposal for a regulation
Recital 16
(16) When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree the laws on public procurement lawand concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and concessions preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.
2013/10/03
Committee: INTA
Amendment 73 #
Proposal for a regulation
Recital 13
(13) The origin of a good should be determined in accordance with Article 22 to 26 of Council Regulation (EEC) No 2913/199218 In order to allow the contracting authorities and entities to know whether certain goods and services are covered by the international commitments of the Union, it is necessary to establish the rules of origin that apply. The origin of a good should be determined in accordance with Articles 59 to 63 of Regulation (EU) No 952/2013 of the European Parliament and of the Council18a including the additional provisions to be adopted under Article 65 thereof. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of ‘letterbox’ companies. _________________ 18Council aRegulation (EECU) No 2913/1992952/2013 of the European Parliament and of the Council of 129 October 1992 establishing the Community2013 laying down the Union Customs Code (OJ L 302, 9.10.1992269, 10.10.2013, p. 31)
2018/03/22
Committee: INTA
Amendment 79 #
Proposal for a regulation
Recital 17
(17) The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and/or concessions the Commission considers that there is a reasonable prospect of removing the restrictive procurement and/or concessions practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.
2013/10/03
Committee: INTA
Amendment 84 #
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 and to its concessions falls within the scope of the common commercial policy, Member States or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation.
2013/10/03
Committee: INTA
Amendment 87 #
Proposal for a regulation
Recital 20
(20) 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 external procurement investigation into restrictive procurement and concessions practices allegedly maintained by a third country. In particular it shall take into account the fact that the Commission has approved a number of intended exclusions concerning a third country pursuant to Article 6(2) of this Regulation. Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization14 . __________________ 14 OJ L 349, 31.12.1994 OJ L 349, 31.12.1994
2013/10/03
Committee: INTA
Amendment 89 #
Proposal for a regulation
Recital 21
(21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement and concession practice, it should be able to start an investigation. If the existence of a restrictive procurement 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 economic operators, goods and services in public procurement in that country.
2013/10/03
Committee: INTA
Amendment 93 #
Proposal for a regulation
Recital 23
(23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures or procedures for the award of concessions in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
2013/10/03
Committee: INTA
Amendment 94 #
Proposal for a regulation
Recital 24
(24) Price adjustment measures should not have a negative impactThe Commission should be able to prevent the possible negative impact of an intended exclusion 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 or concessions, and the Commission considers that there is a reasonable prospect of removing the restrictive procurement or concessions practices in the near future, the Commission should be able to adopt an implementing act to withdraw the restrictive measure adopted or suspend its application for a period of time.
2018/03/22
Committee: INTA
Amendment 97 #
Proposal for a regulation
Recital 27
(27) In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement and concessions after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
2013/10/03
Committee: INTA
Amendment 98 #
Proposal for a regulation
Recital 31
(31) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement and concessions to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union,
2013/10/03
Committee: INTA
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts forand concessions for, depending on the kind of contract in question, the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement and concessions markets of third countries.
2013/10/03
Committee: INTA
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 2
This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and to the award of concessions for services provided for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.
2013/10/03
Committee: INTA
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) ‘supplier’'economic operator' means any natural or legal person which offers on the market goodsor public entity or group of such persons and/or entities which offers the execution of works or a work, the supply of products or the provision of services on the market;
2013/10/03
Committee: INTA
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement and concessions including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements;
2013/10/03
Committee: INTA
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures. or concession award procedures. (This amendment applies to the whole of the legislative text (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text.)
2013/10/03
Committee: INTA
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 1
When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services, or when awarding concessions for the execution of work or the provision of services, contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the European Union.
2013/10/03
Committee: INTA
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point b
(b) a description of the object of the contract; or concession; (This amendment applies to the whole of the legislative text (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text.)
2013/10/03
Committee: INTA
Amendment 148 #
Proposal for a regulation
Article 8 – paragraph 3
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.deleted
2018/03/22
Committee: INTA
Amendment 150 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
(b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement or concession award measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. (This amendment applies to the whole of the legislative text (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text.)
2013/10/03
Committee: INTA
Amendment 157 #
Proposal for a regulation
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country that could 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 preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
2021/10/18
Committee: INTA
Amendment 174 #
Proposal for a regulation
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users and consumers. The Commission should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation, on EU’s broader interests. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be given special consideration. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
2021/10/18
Committee: INTA
Amendment 431 #
Article 8a IPI Measures 1. Where the Commission finds, following an investigation and consultations pursuant to Article 6, that a third country measure or practice exists, it may, if it considers it to be in the interest of the Union, impose an IPI measure by means of an implementing act. An IPI measure shall only apply if the main object of the procurement procedure falls within the scope of the implementing act, as specified in accordance with paragraph 6 point (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 IPI measure shall be determined on the basis of the following criteria, in light of available information and the Union’s interest: (a) proportionality of the IPI measure with regard to the third country measure or practice; (b) availability of alternative sources of supply for the goods and services concerned, in order to avoid or minimise a significant negative impact on contracting authorities or contracting entities; (c) the engagement of undertakings from the targeted third country in procurement activities in the internal market, benefiting from the lack of reciprocity. 3. 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. 4. 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. 5. 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 exclude tenders submitted by economic operators originating in those third countries. 6. 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 2195/2002 as well as any applicable exceptions therein; (b) specific categories of contracting authorities or contracting entities; (c) specific categories of economic operators. 7. The Commission shall impose an IPI measure, according to paragraph 5, only when the third country measure or practice is sufficiently severe and the potential negative impact due to the limited availability of alternative sources, as provided for in paragraph 2 point (b), is comparatively small. 8. The Commission may withdraw the IPI measure or suspend its application if the third country takes satisfactory corrective actions or undertakes commitments to end the measure or practice in question. If the Commission considers that the corrective actions or commitments undertaken have been rescinded, suspended or improperly implemented, it shall make publicly available its findings and may 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. 9. 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. 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
Amendment 438 #
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) 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 supplied and/or services 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 point (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 points (a) or (b) of paragraph 1 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 ensure 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