Activities of Paweł ZALEWSKI related to 2012/0060(COD)
Plenary speeches (1)
Access of goods and services to public procurement markets (debate)
Amendments (14)
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
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 including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements and information on effective scope of procurement covered by them;
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
When awarding contracts for the execution of works and/or a work,ithout prejudice to Articles 10 and 11, when awarding contracts for the supply of covered goods or the provision of covered services, contracting authorities/entities shall treat ecovered goods and services equally to goods and services originating in the European Unionnomic operators from third countries equally to economic operators originating in the EU to the extend, in which offered by them services and goods are covered according to Annex I.
Amendment 122 #
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 exclusion fromare empowered to exclude economic operators originating in third countries from participation in a public procurement procedure, in any case, when particular 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 conditionsment is not covered by market access commitments, listed in Annex I. The Commission shall adopt implementing acts establishing standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Contracting authorities/entities intending to apply paragraph 1 shall require tenderers in a contract notice 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 tendeeconomic operators cannot be excluded pursuant to paragraph 1. A contracting authority may ask a tenderen economic operator 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).
Amendment 141 #
Proposal for a regulation
Article 6 – paragraph 3
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 CommissParagraph 1 shall not apply where the Commission has adopted the implementing act on temporary access of goods and services from a country engaged in substantive negotiations with the Union has not adopted a decision approving or disapproving the exclusion, the exclusion shall be deemed to have been disapproved by the Commissionset out in Article 9(4).
Amendment 204 #
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 ninthree months after the initiation of the investigation. In duly justified cases this period may be extended by three months.
Amendment 231 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in substantive negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6. The examination procedure shall apply.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. In the event that a consultation with a third country does not lead to satisfactory results within 152 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 .
Amendment 250 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the exclusrejection of a 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
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) Measures adopted pursuant to paragraph 1 should be indicated in a publicly available source.
Amendment 257 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
In the event that a contracting authority/entity conducts a procurement procedure, under Article 31 of Directive 2004/18/EC or under Article 40 (3) 2 of Directive 2004/17/EC and decides not to apply a measure adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate this use in the contract award notice it publishes pursuant to Article 35 of Directive 2044/18/EC or Article 43 of Directive 2004/17/EC and notify the Commission no later than ten calendar days after the publication of the contract award notice.
Amendment 262 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Contracts concluded with an economic operator in violation of Commission implementing acts adopted pursuant to Article 6 upon intended exclusion notified by contracting authorities/ entities or measures adopted pursuant to Article 10 or reinstated pursuant to Article 11 shall be declared ineffective within the meaning of Directive 2007/66/EC provided this violation impaired the result of the public procurement proceeding.
Amendment 270 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Articles 58 and 59 of Directive 2004/17/EC shall be repealed with effect from the entry into force of this Regulation. The transitional period for the Member States to repeal national provisions related to implementing Articles 58 and 59 of Directive 2004/17/EC shall not exceed 6 months.