Activities of Nora BERRA related to 2012/0060(COD)
Plenary speeches (1)
Access of goods and services to public procurement markets (debate)
Amendments (33)
Amendment 24 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Promoting mutual openness of international procurement markets is the key objective of this regulation. Ensuring mutually advantageous competition among the EU and its trading partners will allow to enhance the competitiveness of the European internal market and support the growth of our economy.
Amendment 29 #
Proposal for a regulation
Recital 11
Recital 11
(11) For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article 252 to 2655 of Regulation (EC) No 2913/1992 of the EuropeanNo XXXX/2013 of Parliament and of the Council of 12 October 1992 establishing the CommunityUnion Customs Code2, including the additional provisions to be adopted under Article 55. According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The guidance referred to in recital 9 should cover the application in practice of the rules of origin.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for 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 markets of third countries, in view of promoting mutual openness of procurement markets between the Union and its trading partners.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘lack of substantial reciprocity’ means the existence of restrictive measures in the field of procurement or the award of concessions resulting in serious and recurring discrimination against EU economic operators, goods and services. This lack of substantial reciprocity may result, for example, in: (a) a lack of international commitment on the part of the third country regarding procurement and concessions to ensure transparency and prohibit any kind of discrimination against EU economic operators, goods or services; (b) laws or regulations – whether or not concerning public procurement or concessions – adopted by the third country which lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods or services; (c) the adoption or implementation of discriminatory practices by public authorities or individual procuring entities in the third country aimed at EU economic operators, goods or services.
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 1 – point g b (new)
Article 2 – paragraph 1 – point g b (new)
(gb) "Satisfactory remedial or corrective measures" means removal of the restrictive measures targeted by European Commission's investigation.
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) "Market access reservations" means any exception and derogation to an international agreement in the field of public procurement including market access commitments.
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The origin of a good shall be determined in accordance with Article 22 to 26 of Regulation (EC) No 2913/1992 of the European52 to 55, including the delegated acts to be adopted under Article 55, of Regulation No XXXX/2013 of Parliament and of the Council of 12 October 1992 establishing the CommunityUnion Customs Code18 .
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 82 #
Proposal for a regulation
Recital 18
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 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 Regulationunder EU law.
Amendment 93 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 94 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is imperative that contracting authorities/entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities/entities should be able to set aside 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/entity to safeguard essential public needs for example health and public safety, or application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. When assessing whether a lack of substantial reciprocity as defined in Article 2(1)(ga) exists, the Commission shall examine the following:
Amendment 99 #
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 concernedlaws or regulatory measures of the country concerned on public procurement or concessions ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators;
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 5 – point a a (new)
Article 6 – paragraph 5 – point a a (new)
(aa) to what degree the laws or regulatory measures of the country concerned, other than those referred to in point (a) of this paragraph, lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods and services;
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for 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 markets of third countries. Member States or their contracting authorities/entities may restrict the access of third-country goods and services to their tendering procedures only by means of measures provided for under Union law.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘lack of substantial reciprocity’ means the existence of restrictive measures in the field of procurement or the award of concessions resulting in serious and recurring discrimination against EU economic operators, goods and services. This lack of substantial reciprocity may result, for example, in: (a) a lack of international commitment by the third country, with regard to procurement and concessions, to ensuring transparency and prohibiting any kind of discrimination against EU economic operators, goods or services; (b) laws or regulations – whether or not concerning public procurement or concessions – adopted by the third country which lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods or services; (c) the adoption or implementation of discriminatory practices by public authorities or individual contracting entities in the third country aimed at EU economic operators, goods or services.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) ‘specific market access reservation’ means any exception to or derogation from an international agreement in the field of public procurement, including market access commitments.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of contracting authorities/entities the Commission shall assess, on the basis of the procedure provided for in Article 8, 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.
Amendment 126 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Contracting authorities/entities which have excluded tenders pursuant to paragraph 1Article 8 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).
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 203 #
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 or its regular reports on existing trade barriers in third countries, 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 threone months.
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When the Commission concludes as a result of the externalits procurement investigation that the alleged restrictive procurement measures are not maintained by the third country concerned, the Commission shall adopt a decision terminating the investigation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). Regarding the contracts referred to in Article 6(1), where the Commission notes that 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 formulated by the Union, or finds a lack of substantial reciprocity as defined in Article 2(1), it shall adopt an implementing act approving the exclusion of the tenders concerned by the investigation in accordance with the examination procedure referred to in Article 17(2). This exclusion shall be a temporary measure pending the conclusions of the consultation procedure provided for under Article 9 and, where applicable, the adoption of any measures limiting access of non-covered goods and services to the EU public procurement market under Article 10.
Amendment 221 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Where the remedial/corrective measures taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may: shall proceed to adopt under Article 10 implementing acts to limit the access of goods and services originating in a third country.
Amendment 230 #
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.
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – introductory part
Article 9 – paragraph 5 – subparagraph 1 – introductory part
The Commission may terminate the consultation if : - corrective measures have been adopted by the country concerned - the country concerned undertakes international commitments agreed with the Union with no exclusion or derogation in respect of the areas being investigated under Article 8(1) in any of the following frameworks:
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Following adoption of this Regulation, the Commission shall establish whether Articles 58 and 59 of Directive 2004/17/EC shallmust be repealed with effect from the entry into force of this Regulationor amended accordingly and shall, if necessary submit a legislative proposal repealing or amending the provisions of the Directive.