40 Amendments of Yannick JADOT related to 2012/0060(COD)
Amendment 44 #
Proposal for a regulation
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The European Parliament rejects [the Commission proposal].
Amendment 59 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Without prejudice to EU's international obligations in the area of public procurement, the basic underlying principle underpinning the regulation of access to EU's public procurement should be closure by default, whereas openness to third countries goods and services should be the exception in order for procurement to be used as an appropriate tool for industrial policy;
Amendment 67 #
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 reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services., except when any local content requirements as provided in third countries' public procurement legislation pursue public policy and development goals. A lack of substantial reciprocity should also be presumed where the third country concerned violates applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of EU procurement directives, included ILO 94, and of Multilateral Environmental Agreements (MEAs) the EU is a party to. Moreover, the Commission should approve the exclusion if this is consistent with the strategic industrial interests and priorities of the EU - including defensive interests - as outlined in EU's cyclical industrial policy plans;
Amendment 69 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In the perspective of a more integrated European industrial policy, the EU should consider the proposal of a "Buy European Act" setting up the requirement that companies locate at least 50% of their production in the Union, with a view to establishing a level-playing field in international public procurement.
Amendment 70 #
Proposal for a regulation
Recital 16
Recital 16
(16) When assessing whether a lack of substantial reciprocity 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, without however taking account of any local content requirements that may be included in the third county's public procurement legislation in order to pursue public policy and development goals. In addition, the Commission should examine whether the third country concerned violates applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of EU procurement directives, included ILO 94, and of Multilateral Environmental Agreements (MEAs) the EU is a party to.
Amendment 73 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) When assessing the presence of discriminatory practices in a third country against European operators, the Commission will refrain from tackling local content provisions in the third country's national legislation, when these are used to pursue legitimate public policy and development purposes;
Amendment 74 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 75 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission should examine to what degree laws on public procurement and concessions 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 individual contracting authorities or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators, including in cases where the non- observance by a third country of obligations stemming from international social and environmental conventions listed in Annex X to Directive 2014/23/EUhas led to Union economic operators encountering difficulties where they have tried to secure the award of contracts or concessions in that third country, where those difficulties have been reported to the Commission.
Amendment 78 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) With a view to appropriately integrating environmental, social and labour requirements into public procurement and concession award procedures, it is of particular importance that Member States and contracting authorities take relevant measures to ensure compliance with the obligations in the field of environmental, social and labour law that apply at the place where the works are executed or the services are provided and that result from laws, regulations or administrative provisions at both Union and national level, as well as from collective agreements, provided that such rules, and their application, comply with Union law. In addition, obligations stemming from the international social and environmental conventions listed in Annex X to Directive 2014/23/EUshould apply during contract performance. This is of importance since a number of third countries have not ratified or are not implementing some of the international conventions referred to in that Annex, while Union economic operators are bound by those conventions.
Amendment 79 #
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17 b) Climate change is a core policy of the Union and the implementation of the Paris Agreement has also become a prominent objective in the framework of Union trade policy. It is therefore necessary, for the sake of policy coherence, to consider limiting the access to the Union public procurement market for goods and services originating from third countries that do not abide by the commitments undertaken under the Paris Agreement. In addition, the extent to which the implementation by the Union of its commitments under the Paris Agreement has led to Union economic operators encountering difficulties when they have tried to secure the award of contracts or concessions in a given third country should be examined, where such difficulties have been reported to the Commission.
Amendment 80 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 87 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient 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 measuremeasures limiting the access to the Union public procurement market applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 92 #
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures should be applied only for the purpose of the evaluation of tenders comprisingentail the mandatory exclusion of certain third- country goods orand services originating in the country concerned from public procurement procedures in the Union. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link with the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
Amendment 95 #
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustment measuresMeasures limiting the access to the Union public procurement market 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 or its commitments under the social and environmental conventions listed in Annex X to Directive 2014/23/EU or under the Paris Agreement, the Commission may suspend the measures during the negotiations.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
This Regulation also provides for the possibility of applying measures limiting the access to the Union public procurement market to certain tenders of contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, where the economic operators, the goods or the services concerned originate from a third country that does not abide by the commitments undertaken under the Paris Agreement.
Amendment 107 #
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 as well as with regard to a third country not abiding by the commitments undertaken under the Paris Agreement. The application of this Regulation shall be without prejudice to any international obligations of the Union.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurement measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country. Restrictive and/or discriminatory procurement measures or practices shall also be presumed to exist where the non- observance of international social and environmental conventions listed in Annex X to Directive 2014/23/EU by public authorities of third countries, or the implementation by the Union of its commitments under the Paris Agreement has led to Union economic operators encountering difficulties when they have tried to secure the award of contracts or concessions in the third countries concerned, and where such difficulties have been reported to the Commission. Restrictive and/or discriminatory procurement measures or practices shall not be presumed to exist where a third country applies local content requirements in its public procurement legislation that are compatible with its international commitments, when those requirements are aimed at pursuing legitimate public policy objectives and development goals.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) 'interested party' means: - a company or firm, formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the Union, which is directly concerned by the production of goods or the provision of services which are the subject of the restrictive procurement measures of third countries, - a trade union representing the business and the sectors concerned by the restrictive procurement measures of third countries, or - a civil society organization;
Amendment 117 #
Proposal for a regulation
Article 5
Article 5
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of cContracting 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 exclusionmay exclude 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.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The procedure outlined in paragraphs 1 to 4 of this Article applies, mutatis mutandis, to cases where a third country does not abide by the commitments undertaken under the Paris Agreement.
Amendment 125 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Where it is found as a result of an investigation that restrictive and/or discriminatory procurement measures or practices have been adopted or maintained by a third country and the Commission considers it to be in the Union interest, the Commission shall invite the country in question to enter into consultations. Those consultations shall aim atensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement or concession contracts in that country on conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view to ensuring the application of the principles of transparency and equal treatment.
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
(1a) For contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the Commission shall assess whether to approve 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.
Amendment 131 #
Proposal for a regulation
Article 7 – paragraph 5 – point b a (new)
Article 7 – paragraph 5 – point b a (new)
(b a) Ratification or the effective implementation of the international social and environmental conventions listed in Annex X to Directive 2014/23/EU; or
Amendment 133 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. The procedure outlined in paragraphs 1 to 6 of this Article applies, mutatis mutandis, to cases where a third country does not abide by the commitments undertaken under the Paris Agreement.
Amendment 135 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 138 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustment measuremeasure limiting access to the Union public procurement market where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices or where it does not abide by the commitments undertaken under the Paris Agreement. Such a measure shall provide for the exclusion of the tenders in question.
Amendment 146 #
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 thosmeasures limiting the access to the Union procurement market may be related to:
Amendment 147 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
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. However, special consideration shall be given to local content requirements in third countries' public procurement legislation, when these pursue legitimate public policy and development goals and should not constitute a reason for approving exclusions;
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) The Commission will also consider the strategic industrial interests and priorities of the EU - including defensive interests - as outlined in EU's cyclical industrial policy plans.
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
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; however, local content requirements in third countries' public procurement legislation shall not be considered as a reason for lack of substantial reciprocity when these requirements pursue public policy and development goals.
Amendment 154 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2 a (new)
Article 6 – paragraph 4 – subparagraph 2 a (new)
(2a) A lack of substantial reciprocity is also presumed where the third country concerned violates applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives, included ILO 94, and of Multilateral Environmental Agreements (MEAs) the EU is a party to.
Amendment 160 #
Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 3
Article 11 – paragraph 1 – point b – paragraph 3
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
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. However, local content requirements in third countries' public procurement legislation shall not be considered as a reason for lack of substantial reciprocity when these requirements pursue public policy and development goals;
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 5 – point a a (new)
Article 6 – paragraph 5 – point a a (new)
(aa) where it can demonstrate by any appropriate means violations of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives, included ILO 94, and of MEAs the EU is party to;
Amendment 170 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Reporting and review
Amendment 174 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
On the occasion of the second review of the present Regulation, the Commission shall consider making a proposal on a "Buy European Act" setting up the requirement that companies locate at least 50% of their production in the Union, with a view to levelling the playing field on the international public procurement market.
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
(4a) For the purpose of investigations referred to in paragraph 1, the Commission shall not consider local content requirements in third countries' public procurement legislation as an element leading to restrictive procurement measures, when these requirements pursue public policy and development goals.
Amendment 212 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
When it is found as a result of an investigation that restrictive procurement measures are maintained by a third country and the Commission considers it to be justified by the EU interest, the Commission shall invite it to enter into consultations with a view to ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment. The Commission, when carrying out consultations, shall refrain from pursuing the elimination of local content requirements in third countries' public procurement legislation, when these requirements pursue public policy and development goals.