BETA

50 Amendments of Morten LØKKEGAARD related to 2012/0060(COD)

Amendment 21 #
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 markets of the Union and its trading partners, aiming a spirit of reciprocityt creating a level playing field and mutual benefits.
2013/07/11
Committee: IMCO
Amendment 33 #
Proposal for a regulation
Recital 15
(15) For contracts 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 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 leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocitylevel playing field vis-à-vis market opening should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services.
2013/07/11
Committee: IMCO
Amendment 35 #
Proposal for a regulation
Recital 16
(16) When assessing whether a lack of substantial reciprocitylevel playing field exists, the Commission should examine 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. 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.
2013/07/11
Committee: IMCO
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) upon request of individual contracting entities according to the rules set out in Article 6;deleted
2013/07/11
Committee: IMCO
Amendment 68 #
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
2013/07/11
Committee: IMCO
Amendment 73 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Where contracting authorities/entities intend to request the exclusion from procedures for the award of contracts on the basis of paragraph 1 they shall indicate this in the contract notice they publish pursuant to Article 35 of Directive 2004/18/EC or pursuant to Article 42 of Directive 2004/17/EC or Article 26 of the Directive on the award of concession contracts.deleted
2013/07/11
Committee: IMCO
Amendment 74 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Contracting authorities/entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and their value. They shall accept self-declarations as preliminary evidence that tenders cannot be excluded pursuant to paragraph 1. A contracting authority may ask a tenderer at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the proper conduct of the procedure. The Commission may adopt implementing acts establishing standard forms for declarations concerning the origin of goods and services. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).deleted
2013/07/11
Committee: IMCO
Amendment 74 #
Proposal for a regulation
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the country concerned do not lead to sufficient corrective action(s) that result in improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country.under this Regulation, IPI measures in the form of a score adjustment or of the exclusion of tenders
2021/09/10
Committee: IMCO
Amendment 76 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason, they shall notify the Commission. During the notification procedure the contracting authority/entity may continue its analysis of the tenders.deleted
2013/07/11
Committee: IMCO
Amendment 77 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
The notification shall be sent by electronic means using a standard form. The Commission shall adopt implementing acts establishing the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3). That standard form shall contain the following information: (a) the name and contact details of the contracting authority/entity; (b) a description of the object of the contract; (c) the name and contact details of the economic operator whose tender would be excluded; (d) information on the origin of the economic operator, the goods and/or services and their value.deleted
2013/07/11
Committee: IMCO
Amendment 78 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point a
(a) the name and contact details of the contracting authority/entity;deleted
2013/07/11
Committee: IMCO
Amendment 78 #
Proposal for a regulation
Recital 23 a (new)
(23a) IPI measures are uniformly applied in the EU by contracting authorities and contracting entities. To take into account the diversity of administrative capacity of contracting authorities and contracting entities, Member States may request the exemption from IPI measures for a limited list of subcentral contracting authorities and contracting entities under certain strict requirements. Such exemption may also refer to procurement procedures that those contracting authorities and contracting entities may carry out under framework agreements or dynamic purchasing systems
2021/09/10
Committee: IMCO
Amendment 79 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point b
(b) a description of the object of the contract;deleted
2013/07/11
Committee: IMCO
Amendment 80 #
Proposal for a regulation
Recital 24
(24) Price adjustment measuresIPI measures under this Regulation 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.
2021/09/10
Committee: IMCO
Amendment 81 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point c
(c) the name and contact details of the economic operator whose tender would be excluded;deleted
2013/07/11
Committee: IMCO
Amendment 82 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point d
(d) information on the origin of the economic operator, the goods and/or services and their value.deleted
2013/07/11
Committee: IMCO
Amendment 83 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 5
The Commission may ask the contracting authority/entity for additional information.deleted
2013/07/11
Committee: IMCO
Amendment 84 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6
That information shall be provided within eight working days, commencing on the first working day following the date on which it receives the request for additional information. If the Commission receives no information within this period the period established in paragraph 3 shall be suspended, until the Commission receives the requested information.deleted
2013/07/11
Committee: IMCO
Amendment 85 #
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
2013/07/11
Committee: IMCO
Amendment 85 #
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 to safeguard the public interest. In exceptional situations, contracting authorities and contracting entities should be able not to apply price adjustmentIPI measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essentialensure public needssafety, for example in the fields of health and public safetya public health emergency or natural disaster, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract. The application of these exceptions should require the approval of the Commission.
2021/09/10
Committee: IMCO
Amendment 86 #
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
2013/07/11
Committee: IMCO
Amendment 87 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a
(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;deleted
2013/07/11
Committee: IMCO
Amendment 89 #
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 measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned.deleted
2013/07/11
Committee: IMCO
Amendment 92 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
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.deleted
2013/07/11
Committee: IMCO
Amendment 94 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3
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
2013/07/11
Committee: IMCO
Amendment 95 #
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
2013/07/11
Committee: IMCO
Amendment 96 #
Proposal for a regulation
Article 6 – paragraph 5 – introductory part
5. When assessing whether a lack of substantial reciprocitylevel playing field exists, the Commission shall examine the following:
2013/07/11
Committee: IMCO
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
(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;deleted
2013/07/11
Committee: IMCO
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 5 – point b
(b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.deleted
2013/07/11
Committee: IMCO
Amendment 102 #
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;
2021/09/10
Committee: IMCO
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 6
6. Before the Commission takes a decision pursuant to paragraph 3 it shall hear the tenderer or tenderers concerned.deleted
2013/07/11
Committee: IMCO
Amendment 104 #
Proposal for a regulation
Article 6 – paragraph 7
7. Contracting authorities/entities which have excluded tenders pursuant to paragraph 1 shall indicate this in the contract award notice they publish pursuant to Article 35 of Directive 2004/18/EC, Article 42 of Directive 2004/17/EC, or Article 27 of the Directive on the award of concession contracts. The Commission shall adopt implementing acts establishing the standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).deleted
2013/07/11
Committee: IMCO
Amendment 105 #
Proposal for a regulation
Article 6 – paragraph 8
8. Paragraph 1 shall not apply where the Commission has adopted the implementing act on temporary access of the goods and services from a country engaged in substantive negotiations with the Union as set out in Article 9(4).deleted
2013/07/11
Committee: IMCO
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Contracting authorities shall, in case an averaging test determines that a bid is abnormally low, investigate the bid by requiring the economic operator to provide additional information in order to explain the price or costs of the bid.
2013/07/11
Committee: IMCO
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
The contracting authority shall verify the information provided by the tenderer and is obliged to reject the tender if the investigation of the abnormally low bid does not justify the low level of price or costs charged
2013/07/11
Committee: IMCO
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
Should an investigation be initiated, the Commission shall publish a notice in the Official Journal of the Union, inviting interested parties and Member States to provide all relevant information to the Commission within a specified period of timethree months.
2013/07/11
Committee: IMCO
Amendment 120 #
Proposal for a regulation
Article 8 – paragraph 3
3. The assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of ninesix months after the initiation of the investigation. In duly justified cases this period may be extended by three months.
2013/07/11
Committee: IMCO
Amendment 123 #
Proposal for a regulation
Article 10 – paragraph 1
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 reciprocitylevel playing field 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).
2013/07/11
Committee: IMCO
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 1 – point 1 (new)
(1) Upon a duly justified request by a Member State the Commission may adopt, with a view to a fair distribution of the award procedures subject to IPI measures among Member States, a list of sub- central contracting authorities or contracting entities in that Member State that are exempted from the application of this Regulation.
2021/09/10
Committee: IMCO
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2 (new)
(2) In its request, the Member State shall provide detailed information on the justification for the request for exemption and the value of the contracts above thresholds set in Article 5.3 of this Regulation, awarded by all listed contracting authorities or contracting entities over the past 3 years from the 31st December preceding the request for exemption. An exemption may only be granted if the value of contracts above thresholds set in Article 5.3 of this Regulation, awarded by the contracting authorities or contracting entities not to be exempted exceeds 75% of the total value of above thresholds contracts falling under the scope of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU awarded in the requesting Member State in the same 3-year period.
2021/09/10
Committee: IMCO
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3 (new)
(3) The exemption shall be limited to what is strictly necessary and proportionate.
2021/09/10
Committee: IMCO
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1 – point 4 (new)
(4) The Commission informs Members States before adopting an exemption list. The exemption list, published in the Official Journal of the European Union, is adopted for a period of three years and can be revised or renewed every three years upon duly justified request by the Member State concerned
2021/09/10
Committee: IMCO
Amendment 161 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may on an exceptional basis decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
2021/09/10
Committee: IMCO
Amendment 164 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(aa) this is justified for overriding reasons in the interest of public safety;
2021/09/10
Committee: IMCO
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) without prejudice to Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, based on predetermined objective criteria the application of the measure would lead to a disproportionate increase in the price or costs of the contract. that would demonstrably render its execution economically unviable.
2021/09/10
Committee: IMCO
Amendment 174 #
Proposal for a regulation
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to apply a price adjustmentn 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 tenhirty calendar days after the publicationbefore the award of thea contract notice.
2021/09/10
Committee: IMCO
Amendment 177 #
Proposal for a regulation
Article 12 – paragraph 3 – point d
(d) the ground on which the decision not to apply the price adjustmentIPI measure is based, and a detailed justification for the use of the exception;
2021/09/10
Committee: IMCO
Amendment 179 #
Proposal for a regulation
Article 13 – paragraph 2
2. Contracts concluded with an economic operator in violation of price adjustment measures adopted or reinstated by the Commission pursuant to this Regulation shall be ineffective.deleted
2021/09/10
Committee: IMCO
Amendment 181 #
Proposal for a regulation
Article 14 – paragraph 3
3. Where reference is made to this the competent committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph, of Article 45(4) of Regulation (EU) No 182/2011 shall apply and the competent committee shall be the Committee established by Council Decision 71/306/EEC.
2021/09/10
Committee: IMCO
Amendment 183 #
Proposal for a regulation
Article 16 – paragraph 1
By 31 December 2018Two years 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 public contract or concession award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information.
2021/09/10
Committee: IMCO