50 Amendments of Morten LØKKEGAARD related to 2012/0060(COD)
Amendment 21 #
Proposal for a regulation
Recital 5
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.
Amendment 33 #
Proposal for a regulation
Recital 15
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.
Amendment 35 #
Proposal for a regulation
Recital 16
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.
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 73 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 74 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 74 #
Proposal for a regulation
Recital 22
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
Amendment 76 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 77 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
Article 6 – paragraph 2 – subparagraph 4
Amendment 78 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point a
Article 6 – paragraph 2 – subparagraph 4 – point a
Amendment 78 #
Proposal for a regulation
Recital 23 a (new)
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
Amendment 79 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point b
Article 6 – paragraph 2 – subparagraph 4 – point b
Amendment 80 #
Proposal for a regulation
Recital 24
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.
Amendment 81 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point c
Article 6 – paragraph 2 – subparagraph 4 – point c
Amendment 82 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point d
Article 6 – paragraph 2 – subparagraph 4 – point d
Amendment 83 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 5
Article 6 – paragraph 2 – subparagraph 5
Amendment 84 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6
Article 6 – paragraph 2 – subparagraph 6
Amendment 85 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 85 #
Proposal for a regulation
Recital 27
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.
Amendment 86 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 87 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a
Article 6 – paragraph 4 – subparagraph 1 – point a
Amendment 89 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
Article 6 – paragraph 4 – subparagraph 1 – point b
Amendment 92 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 94 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3
Article 6 – paragraph 4 – subparagraph 3
Amendment 95 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 96 #
Proposal for a regulation
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. When assessing whether a lack of substantial reciprocitylevel playing field exists, the Commission shall examine the following:
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
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;
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 104 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 105 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
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.
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
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
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
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.
Amendment 120 #
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 123 #
Proposal for a regulation
Article 10 – paragraph 1
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).
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 1 – point 1 (new)
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.
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2 (new)
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.
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3 (new)
Article 9 – paragraph 1 – point 3 (new)
(3) The exemption shall be limited to what is strictly necessary and proportionate.
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1 – point 4 (new)
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
Amendment 161 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
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:
Amendment 164 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) this is justified for overriding reasons in the interest of public safety;
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
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.
Amendment 174 #
Proposal for a regulation
Article 12 – paragraph 2
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.
Amendment 177 #
Proposal for a regulation
Article 12 – paragraph 3 – point d
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;
Amendment 179 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 14 – paragraph 3
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.
Amendment 183 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1