Next event: Final act published in Official Journal 2022/06/30 more...
- Draft final act 2022/06/23
- Final act signed 2022/06/23
- Act adopted by Council after Parliament's 1st reading 2022/06/17
- Decision by Parliament, 1st reading 2022/06/09
- Debate in Parliament 2022/06/08
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2022/04/25
- Text agreed during interinstitutional negotiations 2022/03/30
- Decision by Parliament, 1st reading 2021/12/14
- Committee report tabled for plenary, 1st reading/single reading 2021/12/06
- Committee report tabled for plenary, 1st reading 2021/12/06
- Vote in committee, 1st reading 2021/11/29
- Committee opinion 2021/10/29
- Amendments tabled in committee 2021/10/18
- Amendments tabled in committee 2021/10/18
- Specific opinion 2021/10/15
- AUBRY Manon (GUE/NGL) appointed as rapporteur in JURI 2021/09/09
- Committee draft report 2021/07/27
- Committee referral announced in Parliament, 1st reading 2019/10/21
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | INTA | CASPARY Daniel ( EPP) | RODRÍGUEZ-PIÑERO Inma ( S&D), SCHREINEMACHER Liesje ( Renew), BÜTIKOFER Reinhard ( Verts/ALE), BOURGEOIS Geert ( ECR), MAUREL Emmanuel ( GUE/NGL) |
Former Responsible Committee | INTA | ||
Former Responsible Committee | INTA | ||
Committee Opinion | DEVE | ||
Committee Opinion | EMPL | ||
Committee Opinion | ITRE | ||
Committee Opinion | IMCO | ŠTEFANEC Ivan ( EPP) | |
Committee Opinion | JURI | AUBRY Manon ( GUE/NGL) | |
Former Committee Opinion | IMCO | ||
Former Committee Opinion | IMCO | Dita CHARANZOVÁ ( RE), Carlo FIDANZA ( ECR), Maria GRAPINI ( S&D), Emma McCLARKIN ( ECR), Emma McCLARKIN ( ECR), Jiří MAŠTÁLKA ( GUE/NGL), Matteo SALVINI ( ENF), Anna CAVAZZINI ( Verts/ALE), Anne-Sophie PELLETIER ( GUE/NGL), Virginie JORON ( ID) | |
Former Committee Opinion | DEVE | ||
Former Committee Opinion | DEVE | ||
Former Committee Opinion | EMPL | ||
Former Committee Opinion | EMPL | Thomas HÄNDEL ( GUE/NGL), Jean LAMBERT ( Verts/ALE) | |
Former Committee Opinion | ITRE | ||
Former Committee Opinion | ITRE | ||
Former Committee Opinion | JURI | ||
Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 207
Legal Basis:
TFEU 207Subjects
- 2.10.02 Public procurement
- 5.03 Global economy and globalisation
- 6.20.01 Agreements and relations in the context of the World Trade Organization (WTO)
- 6.20.02 Export/import control, trade defence, trade barriers
- 6.20.03 Bilateral economic and trade agreements and relations
- 6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin
- 6.30.01 Generalised scheme of tariff preferences (GSP), rules of origin
Events
The European Parliament adopted by 554 votes to 7, with 14 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Subject matter and scope
The Regulation:
- establishes measures to improve access for EU economic operators, goods and services to third country procurement markets and concessions , as regards ‘non-covered procurement’, i.e. procurement procedures for goods, services or concessions for which the EU has not made market access commitments under an international agreement;
- lays down procedures for the Commission to undertake investigations into alleged third-country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
This Regulation provides for the possibility for the Commission to impose IPI measures in relation to such third-country measures or practices to restrict the access of economic operators, goods or services from third countries to Union public procurement procedures.
The International Procurement Instrument (IPI) encourages greater openness of public procurement markets in countries that protect this sector, by introducing measures that limit access to open EU tenders for non-EU companies from countries that do not offer similar access conditions to EU companies.
Environmental, social and labour requirements should apply to economic operators.
Determination of origin
The origin of a service should be determined on the basis of the origin of the legal or natural person providing it. The origin of a legal person should be considered to be the country under whose law a legal person is incorporated or organised and in whose territory it engages in substantial business operations.
Investigations and consultations
On its own initiative or upon a duly substantiated complaint by an interested party from the Union or a Member State, the Commission may initiate an investigation into an alleged measure or practice of a third country. The Commission should invite the third country concerned to submit its observations, to provide relevant information and to enter into consultation with the Commission with a view to eliminating or remedying the alleged third country measure or practice.
In view of the Union's objective of encouraging sustainable economic growth in low-income countries, the Commission should not be able to launch an investigation into the practices of least developed countries benefiting from the Everything But Arms regime.
IPI measures
If the investigation confirms the existence of the restrictive measures or practices, and concertation with the country concerned does not lead to satisfactory corrective action, or if the third country concerned refuses to participate in the concertation process, the Commission should adopt an IPI measure in the form of an adjustment of the outcome or exclusion of tenders , if it deems this to be in the Union's interest.
In this context, particular attention should be paid to the general objective of achieving reciprocity by opening up third country markets and improving market access opportunities for EU economic operators.
An adjustment of the result should only apply for the purpose of evaluating tenders submitted by economic operators originating from the third country concerned. Such a measure should not affect the price to be paid under the contract to be concluded with the successful tenderer.
The IPI measure should only apply to procurement procedures with an estimated value of at least EUR 15 million excluding value added tax for works and concessions, and at least EUR 5 million excluding value added tax for goods and services.
The Commission may withdraw, suspend or reinstate an IPI measure by means of an implementing act and, in such cases, will publish a notice in the Official Journal of the European Union. An IPI measure will expire five years after its entry into force and may be extended for a further five years.
List of contracting authorities exempted from the Regulation
Member States should be able to apply for exemption from IPI measures for a limited list of local contracting authorities, under certain strict conditions.
Anti-circumvention measures
In order to avoid circumvention, additional obligations should be imposed on successful tenderers in procurement procedures to which an IPI measure is applicable, such as an obligation not to subcontract more than 50% of the total value of the contract to economic originating in third country subject to the IPI measure.
Guidelines and review
The Commission should publish guidelines to guide Member States' contracting authorities in the use of this Regulation, and in particular to facilitate its application by SMEs.
No later than four years after the adoption of an implementing act or five years after the date of entry into force of the Regulation, and every five years thereafter, the Commission should review the scope, functioning and effectiveness of the Regulation and report its findings to the European Parliament and the Council.
The European Parliament adopted by 590 votes to 8, with 99 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
The matter was referred back to the committee responsible for inter-institutional negotiations.
The main amendments adopted in plenary concern the following points:
Subject matter and scope
The Regulation:
- establishes measures intended to improve the access of Union economic operators, goods and services to the procurement and concessions markets of third countries , regarding non-covered procurement (meaning procurement procedures for goods, services or concessions regarding which the Union has not undertaken market access commitments in an international agreement in the field of procurement or concessions);
- lays down procedures for the Commission to undertake investigations into alleged third-country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
The International Procurement Instrument (IPI) encourages greater openness of public procurement markets in countries that protect this sector, by introducing measures that limit access to open EU tenders for non-EU companies from countries that do not offer similar access conditions to EU companies.
Members suggested that the Commission should be able to impose IPI measures, by means of implementing acts, in relation to such measures or practices of third countries, in order to limit the access of economic operators, products or services from third countries to EU procurement procedures.
Environmental and social requirements
Contracting authorities should adopt the necessary measures to ensure that applicable environmental, social and labour requirements are taken into account in public procurement procedures. Member States should inform the Commission of any difficulties, in law or in fact, encountered and reported by their economic operators and which are due to the non-observance of the international environmental, social and labour law, when those undertakings have tried to secure the award of contracts within the EU or in third countries.
Determination of origin
The origin of a service would be determined on the basis of the origin of the legal or natural person providing it. The origin of a legal person should be considered to be the country under the laws of which the legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations.
Investigation and consultation
When assessing whether specific measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards, and do not result in serious and recurring restrictions against Union goods, services or economic operators.
The Commission should be able to initiate at any time a transparent investigation into restrictive or discriminatory procurement measures or practices allegedly adopted or maintained by a third country, if it considers that such an investigation is in the interest of the Union. In this context, particular attention should be paid to the general objective of achieving reciprocity by opening third-country markets and improving market access opportunities for EU economic operators.
The Commission should keep interested parties, the European Parliament and the Member States regularly informed within the Committee established by the Trade Barriers Regulation.
IPI measures
If the investigation confirms the existence of restrictive measures or practices, and the consultations with the country concerned do not lead to satisfactory corrective actions that result in effectively remedying the serious and recurrent impairment of access for Union economic operators, goods and services within a reasonable timeframe or the third country concerned declines to enter into consultations, the Commission should adopt, under this Regulation, IPI measures in the form of a score adjustment or exclusion of tenders .
A score adjustment measure should be applied only for the purpose of the evaluation of tenders submitted by economic operators originating in the country concerned. It should not affect the price actually due to be paid under the contract to be concluded with the successful tenderer.
Invitations to tender concerned
The IPI measure should only apply to procurement procedures with an estimated value of at least EUR 10 000 net of value-added tax for works and concessions, and of at least EUR 5 000 000 net of value-added tax for goods and services.
Additional obligations
In the case of procurement procedures to which an IPI measure applies, contracting authorities should include, as one of the conditions of the contract with the successful tenderer, an obligation not to subcontract, including through the delivery of goods and parts, more than 25% of the total value of the contract to economic operators originating in a third country which is subject to an IPI measure.
Contracting authorities should include a reference to the additional conditions in the documents for procurement procedures to which an IPI measure applies. The Commission and Member States should make available best practice guidelines to take into account the information needs of SMEs submitting stand-alone tenders.
Review
No later than three years after the date of entry into force of the Regulation and every three years thereafter, the Commission should review the scope, functioning and efficiency of the Regulation and report to the European Parliament and the Council.
PURPOSE: to establish measures aiming to improve the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: while the EU public procurement market is open to foreign bidders, the procurement markets for foreign goods and services in third countries remain to a large extent closed de iure or de facto . The IPI aims at encouraging partners to engage in negotiations and opening participation for EU bidders and goods in third countries' tenders.
Many third countries are reluctant to open their procurement markets to international competition or to open those markets further than what they have already done. The value of US procurement offered to foreign bidders is currently just EUR 178 billion and EUR 27 billion for Japan, whereas only a fraction of the Chinese public procurement market is open to foreign business. The Commission stated that, all in all, more than half of the world's procurement market is currently closed due to protectionist measures and this share is only growing. As a result, only EUR 10 billion of EU exports (0.08% of EU GDP) currently find their way in global procurement markets , whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions.
Some EUR 352 billion of EU public procurement is open to bidders from member countries of the GPA. However, some important economic players like China, Brazil or India are not yet parties to the agreement and some of the existing parties have limited coverage of procurement in their schedules.
The Commission adopted in March 2012 its initial proposal for an international procurement instrument which sought to encourage partners to engage in negotiations and opening participation for EU bidders and goods in third countries' tenders. This initial proposal was discussed in the European Parliament and in the Council, without, however, concluding the first reading .
Since the launch of the IPI proposal in 2012, important trade negotiations have started, with the US (TTIP), Japan (FTA) or continued, such as for China (to join the GPA). The Commission considered that the adoption of the IPI would send a strong signal to these and other partners and would encourage negotiators to accelerate and pursue a substantial opening of their procurement markets.
In view of the fact that there appears to be broad agreement that an imbalance currently exists between the openness of the EU procurement market and third country procurement markets and that European companies should enjoy better access to procurement opportunities abroad, the Commission decided to review its initial proposal in order to respond to some of the concerns both legislative organs of the EU have expressed while ensuring that the revised proposal still provides the EU with better leverage in its negotiations to open foreign procurement markets.
IMPACT ASSESSMENT: the Commission's Impact Assessment Board (IAB) has issued two opinions on the impact assessment report. The amendments now put forward aim at making the instrument more targeted and more easily applicable in practice while further limiting the potential negative effects that were identified in the impact assessment report.
As regards effectiveness ,
the amended proposal will still meet the initial objective to clarify the applicable rules, and the Commission will continue having the final say on the use of restrictive measures; with the deletion of the decentralised pillar, the application of the rules will be simpler and further harmonised, and the margin of error caused by contracting authorities/entities applying the restrictive measures will be reduced; the reduction of time limits for the Commission's investigation will ensure that there is earlier clarity on whether or not restrictive measures will be taken.
As regards efficiency : the proposed amendments reduce the administrative burden:
the impact assessment estimated the costs in relation to the notification process of the decentralised procedure to amount to EUR3.5 million. The deletion of the decentralised pillar, including its time limits, abolishes all potential risks linked to the notification process identified in the impact assessment; the proposed amendments will allow to target those territories of a third country which are actually responsible for the discriminatory measures without the need to target the third country as a whole. This possibility for more targeted and justifiable measures will further reduce the risk for retaliation.
CONTENT: the revised proposal from the Commission seeks to put in place an International Procurement Instrument (IPI). This is the EU response to the lack of level playing field in world procurement markets.
The amendments presented in this proposal aim at increasing the effects of the instrument upon third countries while eliminating the potentially negative consequences of the instrument in its original form, such as the possibility to close the EU procurement market completely to a trading partner, the administrative burden related to the application of the instrument and the risk of fragmentation of the internal market.
At the same time, the proposal focuses on the role of the Commission to investigate procurement barriers in third countries and provides the tools to engage with third countries towards their removal.
More specifically, the proposal:
deletes the possibility to close the market and to limit possible restrictive measures to price penalties – now called “price adjustment measures”. Following a Commission investigation, when it is determined that a country applies barriers to EU participation in procurement, a price adjustment would be applied to bidders or products or services from that country. Contrary to the initial proposal, foreign bidders and products and services subject to a price adjustment measure for evaluation purposes could still be awarded the contract, if despite the price adjustment the offer remains competitive in terms of price and quality; eliminates the possibility for contracting authorities to decide autonomously a prohibition on foreign bidders' participation in their tenders by deleting the decentralised pillar; establishes a presumption that tenders submitted by companies originating in the targeted third country will be targeted by the price penalty , unless they can demonstrate that less than 50% of the total value of their tender is made up of non-covered goods and services originating in this third country. While in the original proposal contracting authorities bore the burden of proof, it is now borne by the bidder; reduces the administrative burden further by allowing Member States to indicate which of their procuring entities will be required to implement the price adjustment measure; provide that the price adjustment measure would not be applicable in relation to European small and medium-sized enterprises ( SMEs ) and bidders and products originating from developing countries subject to GSP+ treatment ; introduce a new provision allowing targeting territories at regional or local level , like states, regions or even municipalities; shortens the time for the Commission's investigation in the centralised procedure; makes public the findings of the Commission investigations identifying barriers to tenders in third countries; clarifies that the instrument will apply to all procurement and concessions which are covered by the EU procurement and concession directives adopted in February 2014 (which excludes for example concessions regarding water supply services).
The European Parliament adopted amendments to the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
The matter was referred back to the committee responsible for further consideration. The vote was put back to a later session.
A sustainable industry policy strategy in the Union : Parliament stressed the need to exclude unfair tenders comprising goods and/or services originating outside the Union. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured.
Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights.
Keep the principle of uniformity of the Common Commercial Policy (CCP): Parliament stated that that Member States or their contracting authorities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in the Regulation or by relevant Union law, and only after an investigation by the Commission has revealed the absence of substantial reciprocity by the third country concerned.
‘Lack of substantial reciprocity’ is defined as the existence of any legislative, regulatory or administrative measure, procedure or practice, adopted or performed by public authorities or individual procuring entities in a third country, restricting access to public procurement or concession markets, in particular by a lack of transparency compared to international standards and discriminatory legislative provisions and administrative practices, which results in serious and recurrent discriminatory treatment against Union economic operators, goods or services.
Scope: the Regulation shall apply to the award of contracts and to the award of concessions for services provided for governmental purposes. It is recalled that the Regulation will apply to contracts with an estimated value equal or above EUR 5 000 000 exclusive of value-added tax (VAT). Tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services are normally excluded.
Parliament proposed to exclude from the scope of the Regulation developing countries considered vulnerable due to a lack of diversification and insufficient integration within the international trading system as well as countries and potential GSP+ beneficiary countries.
Rules of origin : the determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of "letterbox" companies.
Procedure: Members wanted to ensure that the term 'calendar days' is consistently used throughout the proposal instead of 'days', 'calendar days' and 'working days'. They also shortened the length of the procedures throughout the proposal to provide faster protection, and made amendments intended to avoid an endless consultation procedure with third countries.
Observance of social and environmental standards : in the performance of public contracts economic operators must comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions.
A ‘lack of substantial reciprocity’ shall be presumed, where there is non-observance of international labour law provisions listed in the Directive on public procurement .
Assess impact and review the instrument: Parliament proposes incorporating a review clause, which obliges the Commission to look into the impact of the regulation, after it has come into force and being applied for a few years. Accordingly, when the Commission submits its second report, it shall also submit a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary.
For the same reason, Parliament suggests limiting the application of any restrictive measures taken through an implementing act to up to 5 years (which may be extended for 5 years) so as to avoid these measures turning into a permanent closure of the market.
The Committee on International Trade adopted the report by Daniel CASPARY (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
The Committee on the Internal Market and Consumer Protection, exercising its prerogatives as an association committee in accordance with Rule 50 of the Parliament’s Rules of Procedure , was also consulted for an opinion on the report.
The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
A sustainable industry policy strategy in the Union : the committee stressed the need to exclude unfair tenders comprising goods and/or services originating outside the Union. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured.
Keep the principle of uniformity of the Common Commercial Policy (CCP): to prevent distortion of the internal market, and ensure efficient leverage through the CCP, Members stated that that Member States or their contracting authorities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in the Regulation or by relevant Union law , and only after an investigation by the Commission has revealed the absence of substantial reciprocity by the third country concerned.
Scope: the Regulation shall apply to the award of contracts and to the award of concessions for services provided for governmental purposes.
It is proposed to exclude from the scope of the Regulation developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as well as countries and potential GSP+ beneficiary countries.
Rules of origin : the determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of "letterbox" companies.
Procedure : Members wanted to ensure that the term 'calendar days' is consistently used throughout the proposal instead of 'days', 'calendar days' and 'working days'. They also shortened the length of the procedures throughout the proposal to provide faster protection, and made amendments intended to avoid an endless consultation procedure with third countries.
Public contracts : in the performance of public contracts economic operators must comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions.
A ‘lack of substantial reciprocity’ shall be presumed, where the non-observance of international labour law provisions listed in the Directive on public procurement .
Assess impact and review the instrument : the report proposes incorporating a review clause, which obliges the Commission to look into the impact of the regulation, after it has come into force and being applied for a few years. Accordingly, when the Commission submits its second report, it shall also submit a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary.
For the same reason, the report suggests limiting the application of any restrictive measures taken through an implementing act to up to 5 years so as to avoid these measures turning into a permanent closure of the market.
PURPOSE: to improve the conditions under which EU businesses gain access to the public procurement markets of third countries.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: in the negotiations on a revised Government Procurement Agreement (GPA) in the context of the World Trade Organisation (WTO) and in bilateral negotiations with third countries, the EU has advocated an ambitious opening of international public procurement markets. Some EUR 352 billion of EU public procurement is open to bidders from member countries of the WTO agreement on government procurement.
However, many third countries are reluctant to open their procurement markets to international competition. Currently, EU suppliers face manifold restrictive procurement practices in many of the countries that are the EU’s main trading partners.
The value of US procurement offered to foreign bidders is currently just EUR 178 billion and EUR 27 billion for Japan, whereas only a fraction of the Chinese public procurement market is open to foreign business.
All in all, more than half of the world’s procurement market is currently closed due to protectionist measures and this share is only growing. As a result, only EUR 10 billion of EU exports (0.08% of EU GDP) currently find their way in global procurement markets, whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions.
In contrast, the EU has kept its public procurement market largely open to international competition, despite growing pressure on its domestic market, in particular from emerging economies on certain key sectors (railways, construction, IT services). With the exception of some provisions limited in scope to supply and service contracts in the utilities sector, the EU has not exercised its power to regulate the access of foreign goods, services and companies to the EU’s public procurement market.
Given the rising importance of emerging economies, the absence of a level playing field causes many problems. This initiative aims at solving these problems (i) by strengthening the position of the European Union when negotiating access for EU companies to the public procurement markets of third countries, in order to open up our trading partners’ markets; (ii) clarifying, for this purpose, the rules governing access by third-country companies, goods and services to the EU’s public procurement market.
This initiative implements the Europe 2020 strategy and the Flagship Initiative on Integrated Industrial Policy for the Globalisation Era . It also implements the Single Market Act and the Communication on Trade, Growth and World Affairs .
IMPACT ASSESSMENT: several options have been considered by the Commission:
Option 1: not to take any additional action, and continue with business as usual with the international market access negotiations (possibly in a reinforced manner) with the European Union’s trading partners. Option 2: upgrading the implementation of existing tools under Directive 2004/17/EC (Articles 58 and 59), based on better guidance or an extension of the scope of these tools to cover the entire scope of Directives 2004/17/EC and 2004/18/EC. Option 3 : close generally or by sector the EU public procurement market to goods, services and suppliers from third countries, subject to the EU’s international obligations in this field. Option 4: create an autonomous instrument that would strike the right balance between, on the one hand, the need to enhance the Union position in negotiations on market access, and on the other hand, the preservation of a competitive procurement regime in the EU.
The Commission favours the fourth option.
LEGAL BASIS: Article 207 TFEU.
CONTENT: the proposal establishes a comprehensive EU external public procurement policy that governs the access of foreign goods and services to the EU public procurement market and includes mechanisms to encourage the EU’s trading partners to start market access discussions.
The main points of the proposal are as follows:
Goods and services benefiting from EU commitments : the proposal reflects in EU legislation the principle that, on the EU's internal market in procurement, goods and services benefiting from market access commitments are treated equally to EU goods and services and it extends this treatment to goods and services originating in least-developed countries.
Goods and services not benefiting from market access commitments : for contracts with an estimated value equal or above EUR 5 million , the Commission may approve Contracting authorities/entities excluding tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender.
After informing potential tenderers, in the contract notice, of its intention to exclude such tenders, a contracting authority/entity has to notify the Commission when it receives tenders that fall into this category. The Commission would give its approval to the exclusion if there is a lack of substantial reciprocity in market opening between the EU and the country from which the goods and/or services originate. The Commission will approve the exclusion where the goods and services concerned fall within the scope of a market reservation by the EU in an international agreement.
EU mechanism to increase leverage on market access : the Commission may (i) conduct investigations to verify the existence of restrictive procurement practices; (ii) invite the country concerned to enter into consultation in order to address such restrictive practices and thereby create a better market access situation for EU companies; (iii) temporarily restrict the access of goods and/or services from that country to the EU public procurement market.
Such measures may in principle consist of (i) the disqualification of certain tenders made up for more than 50% of goods or services originating in the country concerned; and/or (ii) a mandatory price penalty on those goods or services tendered which originate in the country concerned.
Abnormally low tenders : as a complement to the provisions on abnormally low tenders in the proposed reform of the public procurement directives, contracting authorities/entities will be required to inform the other tenderers when they intend to accept abnormally low tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender.
BUDGETARY IMPLICATIONS: the proposal does not have budgetary implications. The additional tasks for the Commission can be met with existing resources.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Final act published in Official Journal: Regulation 2022/1031
- Final act published in Official Journal: OJ L 173 30.06.2022, p. 0001
- Draft final act: 00015/2022/LEX
- Decision by Parliament, 1st reading: T9-0241/2022
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE732.730
- Text agreed during interinstitutional negotiations: PE732.730
- Decision by Parliament, 1st reading: T9-0497/2021
- Committee report tabled for plenary, 1st reading/single reading: A9-0337/2021
- Committee report tabled for plenary, 1st reading: A9-0337/2021
- Committee opinion: PE695.252
- Amendments tabled in committee: PE699.064
- Amendments tabled in committee: PE699.065
- Specific opinion: PE697.640
- Committee draft report: PE695.192
- Contribution: COM(2016)0034
- Legislative proposal: COM(2016)0034
- Legislative proposal: EUR-Lex
- Debate in Council: 3348
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0027/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0454/2013
- Contribution: COM(2012)0124
- Contribution: COM(2012)0124
- Initial legislative proposal: COM(2012)0124
- Initial legislative proposal: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0057
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0058
- Initial legislative proposal: COM(2012)0124 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2012)0057
- Document attached to the procedure: EUR-Lex SWD(2012)0058
- Legislative proposal: COM(2016)0034 EUR-Lex
- Committee draft report: PE695.192
- Specific opinion: PE697.640
- Amendments tabled in committee: PE699.064
- Amendments tabled in committee: PE699.065
- Committee opinion: PE695.252
- Committee report tabled for plenary, 1st reading/single reading: A9-0337/2021
- Text agreed during interinstitutional negotiations: PE732.730
- Draft final act: 00015/2022/LEX
- Contribution: COM(2016)0034
- Contribution: COM(2012)0124
- Contribution: COM(2012)0124
Activities
- Roberta ANGELILLI
Plenary Speeches (1)
- Laima Liucija ANDRIKIENĖ
Plenary Speeches (1)
- Raffaele BALDASSARRE
Plenary Speeches (1)
- Erik BÁNKI
Plenary Speeches (1)
- Nora BERRA
Plenary Speeches (1)
- Andrew Henry William BRONS
Plenary Speeches (1)
- George Sabin CUTAȘ
Plenary Speeches (1)
- Isabelle DURANT
Plenary Speeches (1)
- Frank ENGEL
Plenary Speeches (1)
- Christofer FJELLNER
Plenary Speeches (1)
- Metin KAZAK
Plenary Speeches (1)
- Emma McCLARKIN
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Vital MOREIRA
Plenary Speeches (1)
- Claudio MORGANTI
Plenary Speeches (1)
- Ria OOMEN-RUIJTEN
Plenary Speeches (1)
- Tokia SAÏFI
Plenary Speeches (1)
- Judith SARGENTINI
Plenary Speeches (1)
- Marietje SCHAAKE
Plenary Speeches (1)
- Joanna Katarzyna SKRZYDLEWSKA
Plenary Speeches (1)
- Barbara WEILER
Plenary Speeches (1)
- Paweł ZALEWSKI
Plenary Speeches (1)
- Daniel CASPARY
Plenary Speeches (0)
- Enikő GYŐRI
Plenary Speeches (0)
- Christophe HANSEN
Plenary Speeches (0)
- Seán KELLY
Plenary Speeches (0)
- Bernd LANGE
Plenary Speeches (0)
- Emmanuel MAUREL
Plenary Speeches (0)
- Pina PICIERNO
Plenary Speeches (0)
- Inma RODRÍGUEZ-PIÑERO
Plenary Speeches (0)
- Ivan ŠTEFANEC
Plenary Speeches (0)
- Anna CAVAZZINI
Plenary Speeches (0)
- Marie-Pierre VEDRENNE
Plenary Speeches (0)
- Virginie JORON
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Catharina RINZEMA
Plenary Speeches (0)
Votes
A7-0454/2013 - Daniel Caspary - Am 94 #
A7-0454/2013 - Daniel Caspary - Proposition modifiée #
Amendments | Dossier |
591 |
2012/0060(COD)
2013/04/22
EMPL
34 amendments...
Amendment 10 #
Proposal for a regulation Recital 6 a (new) (6 a) The EU should not put pressure on third countries in order to push them to privatize public services. Public authorities at all levels should have the right to decide whether, how and to what extend they want to provide public services themselves.
Amendment 11 #
Proposal for a regulation Recital 9 a (new) (9 a) Public contracts should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour, and that do not respect obligations established by Union legislation in the field of social, labour and environmental law or by international social, labour and environmental law provisions, in accordance with Directive [2004/18/EC].
Amendment 12 #
Proposal for a regulation Recital 12 a (new) (12 a) Such an exclusion should not be made on the basis of the introduction by third countries of sustainable development objectives in their public procurement. Such objectives should be encouraged.
Amendment 13 #
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 reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services, or paramount EU economic interests are at stake, for instance in the field of industry. In the case of massive violations in the field of trade unions rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, the Commission shall equally consider a restriction of market access for the concerned goods and/or services;.
Amendment 14 #
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 reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services. In the case of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law in the country concerned, the Commission shall equally consider a restriction of market access for the concerned goods and/or services.
Amendment 15 #
Proposal for a regulation 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, or jeopardizes the EU economic interests for instance in the field of industry.
Amendment 16 #
Proposal for a regulation Recital 16 a (new) (16 a) The respect of social, labour and environmental law applicable in the place of work in a third country, including the respect of fundamental international agreements such as ILO Convention 94 on labour clauses in public procurement, should not be seen as discriminatory practice.
Amendment 17 #
Proposal for a regulation Recital 16 b (new) (16 b) Measures limiting the market access of third countries should not have disproportionate negative impacts on the social and labour situation in the country concerned, in particular in case of developing countries.
Amendment 18 #
Proposal for a regulation Recital 19 (19) In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of the Directive on public procurement and Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged. Special attention should be paid to the respect of international labour, social and environmental law, including fundamental international conventions, such as ILO 94. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will
Amendment 19 #
Proposal for a regulation Recital 21 (21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement practice or continues to violate fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law, it should be able to start an investigation. If the existence of a restrictive procurement practice or of the above mentioned violations in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Amendment 20 #
Proposal for a regulation Recital 23 (23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond. They should in particular take into account possible negative impacts on the social, labour and environmental situation in the country concerned, in particular in case of developing countries.
Amendment 21 #
Proposal for a regulation 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
Amendment 22 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation is without prejudice to the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest, as set in Protocol 26. This shall also apply to European Union's policies towards third countries.
Amendment 23 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 a (new) Sustainable development criteria, environment policy and social criteria that support working conditions, health and safety at work and equal treatment shall also be taken into account in relation to the award of public contracts. Such criteria shall be favoured and shall on no account be considered a reason for exclusion.
Amendment 24 #
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. Criteria relating to fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law shall also be taken into account. 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).
Amendment 25 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point d a (new) (d a) main reasons for the exclusion of goods and/or services.
Amendment 26 #
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, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.
Amendment 27 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – point b a (new) (b a) where there is evidence of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law for certain goods and/or services.
Amendment 28 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 a (new) Environment and social policy aspects shall be taken into account in relation to the award of public contracts. Selection criteria such as, in particular, minimum provisions relating to health and safety at work, working conditions, Good Work and compliance with collective agreements shall be encouraged. The selection criterion shall not be the lowest price but the most sustainable tender, and the quality of services shall be ensured.
Amendment 29 #
Proposal for a regulation Article 6 – paragraph 5 a (new) 5 a. The respect of social, labour and environmental law applicable in the place of work in the country concerned, including the respect of fundamental international agreements such as ILO Convention 94 on labour clauses in public procurement, should not be seen as a restrictive procurement measure resulting in serious and recurring discriminations of Union economic operators, goods and services.
Amendment 30 #
Proposal for a regulation Article 6 – paragraph 5 b (new) 5 b. When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, the Commission shall examine the following: a) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law; b) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
Amendment 31 #
Proposal for a regulation Article 7 – paragraph 1 Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged, referring in particular to the respect of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, notably to avoid any social or environmental or taxation dumping.
Amendment 32 #
Proposal for a regulation Article 7 – paragraph 2 a (new) Rules on health and safety at work, working conditions and collective agreements in particular shall also be complied with in the case of abnormally low tenders.
Amendment 33 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. The Commission shall not penalise third countries which introduce sustainable development objectives in their award criteria; on the contrary, these measures shall be encouraged.
Amendment 34 #
Proposal for a regulation Article 9 – paragraph 1 – subparagraph 1 When it is found as a result of an investigation that restrictive procurement measures or violations regarding the respect of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law, 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
Amendment 35 #
Proposal for a regulation Article 9 – paragraph 5 a (new) 5 a. The Commission may also terminate the consultation if the country concerned respects fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law.
Amendment 36 #
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
Amendment 37 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) the exclusion of 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 concerned by the non-respect of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law; and/or
Amendment 38 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice and/or concerned by the non-respect of fundamental workers' rights and international law, including fundamental international conventions, including ILO 94, in the field of labour, social and environmental law.
Amendment 39 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. Measures limiting the market access of third countries shall be proportionate and shall not have disproportionate negative impacts on the country concerned, in particular in case of developing countries, but shall be rather designed to foster the local social and labour situation.
Amendment 40 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) there are no Union and/or covered goods or services available which meet the requirements of the contracting entity, including environmental and social sustainability criteria; or
Amendment 7 #
Proposal for a regulation Recital 1 (1) Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade
Amendment 8 #
Proposal for a regulation Recital 5 a (new) (5 a) European Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights.
Amendment 9 #
Proposal for a regulation Recital 5 b (new) (5 b) Protection of the rights of workers from third countries covered by this Regulation should be guaranteed in the European Union. The same applies to EU workers providing services in third countries. Among others, the following rules should be complied with: ILO conventions, collective agreements, equal treatment, health and safety at work and trade union rights.
source: PE-510.504
2013/06/12
JURI
33 amendments...
Amendment 46 #
Proposal for a regulation Article 4 – paragraph 2 Goods or services originating in
Amendment 47 #
Proposal for a regulation Article 4 – paragraph 2 – point a (new) (a) least-developed countries listed in Annex I to Regulation (EC) No 732/2008;
Amendment 48 #
Proposal for a regulation Article 4 – paragraph 2 – point b (new) (b) countries that have been classified by the World Bank as a low-income country during three consecutive years.
Amendment 49 #
Proposal for a regulation Article 5 Amendment 50 #
Proposal for a regulation Article 5 a (new) Article 5a Rules of access for non-covered goods and services 1. Member States or their contracting authorities/entities shall not restrict the access of non-covered goods or services to their tendering procedures by any measure other than those provided for in this Regulation. 2. Non-covered goods and services may be subject to restrictive measures taken by the Commission according to the rules set out in Articles 10 and 11.
Amendment 51 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 52 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Where contracting authorities/entities
Amendment 53 #
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
Amendment 54 #
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.
Amendment 55 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 56 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 Amendment 57 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Amendment 58 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 3 Amendment 59 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 60 #
Proposal for a regulation Article 6 – paragraph 6 Amendment 61 #
Proposal for a regulation Article 6 – paragraph 8 Amendment 62 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 63 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 64 #
Proposal for a regulation Article 8 – paragraph 2 – point a (new) (a) if a third country has concluded an agreement listed in Annex I, whether 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 where there are explicit market access reservations taken by the Union;
Amendment 65 #
Proposal for a regulation Article 8 – paragraph 2 – point b (new) (b) if an agreement referred to in Annex I does not exist, whether 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.
Amendment 66 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 (new) A lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services.
Amendment 67 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 68 #
Proposal for a regulation Article 8 – paragraph 3 – point a (new) (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;
Amendment 69 #
Proposal for a regulation Article 8 – paragraph 3 – point b (new) (b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.
Amendment 70 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 71 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 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 six months after the initiation of the investigation. In duly justified cases this period may be extended by two months.
Amendment 72 #
Proposal for a regulation Article 8 – paragraph 4 b (new) When the Commission concludes as a result of the external 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).
Amendment 73 #
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 reciprocity in market opening between the Union and the third country as referred to in Article
Amendment 74 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) in accordance with Article 6, the exclusion of tenders of which more than 75
Amendment 75 #
Proposal for a regulation Article 10 – paragraph 3 a (new) The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.
Amendment 76 #
Proposal for a regulation Article 11 – title Amendment 77 #
Proposal for a regulation Article 11 – paragraph 1 a (new) Pursuant to its decision in Article 10(1), the Commission shall regularly monitor the situation in the third country concerned and report annually to the European Parliament and the Council on whether remedial/corrective measures have been taken.
Amendment 78 #
Proposal for a regulation Article 11 – paragraph 1 b (new) Where the Commission considers that the reasons justifying the measures adopted pursuant to Article 9(4) and 10 still apply upon the end of the temporary period under Article 10(1), the Commission may adopt an implementing act to renew the measures for a further period of up to five years and renewed every five years thereafter.
source: PE-513.156
2013/07/11
IMCO
113 amendments...
Amendment 100 #
Proposal for a regulation 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 101 #
Proposal for a regulation Article 6 – paragraph 5 – point b Amendment 102 #
Proposal for a regulation Article 6 – paragraph 5 – point b a (new) (ba) When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights, in the fields 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 directive included ILO 94, the Commission shall examine the following: (i) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights in the fields 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 directive included ILO 94; (ii) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
Amendment 103 #
Proposal for a regulation Article 6 – paragraph 6 Amendment 104 #
Proposal for a regulation Article 6 – paragraph 7 Amendment 105 #
Proposal for a regulation Article 6 – paragraph 8 Amendment 106 #
Proposal for a regulation Article 7 Amendment 107 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 108 #
Proposal for a regulation Article 7 – paragraph 1 Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement (COM(2011)0896) or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors
Amendment 109 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 110 #
Proposal for a regulation Article 7 – paragraph 1 a (new) Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Amendment 111 #
Proposal for a regulation Article 7 – paragraph 1 b (new) The explanations referred to in paragraph 1 a (new) may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XI of the Directive on public procurement (COM(2011)0896) or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) compliance of subcontractors with the obligations referred to in paragraph 1 a (new) - letter (d). With the aim of avoiding breaches of these obligations Member States and contracting authorities may take appropriate measures. (f) the possibility of the tenderer obtaining State aid.
Amendment 112 #
Proposal for a regulation Article 7 – paragraph 1 c (new) The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph 1 b (new). Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in paragraph 1 b (new) - letter (d) and (e). Observance of the obligations referred to in paragraph 1 b (new) - letter (d) and (e) by subcontractors is ensured through appropriate action by the competent national authorities acting within the scope of their responsibility and remit.
Amendment 113 #
Proposal for a regulation Article 7 – paragraph 1 d (new) Amendment 114 #
Proposal for a regulation Article 7 – paragraph 1 e (new) Upon request, Member States shall make available to other Member States by way of administrative cooperation any information at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards, relating to the evidence and documents produced in relation to details listed in paragraph 1 b (new).
Amendment 115 #
Proposal for a regulation Article 7 – paragraph 2 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.
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
Amendment 118 #
Proposal for a regulation Article 8 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
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
Amendment 122 #
Proposal for a regulation Article 10 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
Amendment 124 #
Proposal for a regulation Article 20 – title Re
Amendment 125 #
Proposal for a regulation Article 20 – paragraph 1 Amendment 126 #
Proposal for a regulation Article 20 – paragraph 1 Amendment 127 #
Proposal for a regulation Article 20 – paragraph 1 Amendment 15 #
Proposal for a regulation – The Committee on Internal Market and Consumer Protection calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 16 #
Proposal for a regulation – The Committee on Internal Market and Consumer Protection calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 17 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the access of third-country goods and services to the Union’s internal market in public procurement and concessions and procedures supporting negotiations on access of Union goods and services to the public procurement markets and to the concessions of third countries (Text with EEA relevance)
Amendment 18 #
Proposal for a regulation Recital 1 (1) Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade. It is stated in the same Article 21 that the Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
Amendment 19 #
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, in a spirit of
Amendment 20 #
Proposal for a regulation Recital 5 (5) Within the
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
Amendment 22 #
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, in a spirit of reciprocity and mutual benefit, by broadening the outlook of the common market, which is becoming more competitive, and thus achieving the aims of the EU economic policy.
Amendment 23 #
Proposal for a regulation Recital 6 (6) Many third countries are reluctant to open their public procurement markets and their concessions to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement and concessions practices in many of the trading partners of the Union. Those restrictive
Amendment 24 #
Proposal for a regulation 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 25 #
Proposal for a regulation Recital 8 (8) In accordance with Article 207 TFEU the common commercial policy in the field of public procurement and concessions is to be based on uniform principles.
Amendment 26 #
Proposal for a regulation Recital 9 (9) In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.
Amendment 27 #
Proposal for a regulation Recital 9 a (new) Amendment 28 #
Proposal for a regulation Recital 10 (10) The objectives of improving the access of
Amendment 29 #
Proposal for a regulation 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
Amendment 30 #
Proposal for a regulation Recital 12 (12) The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts] exclude, for
Amendment 31 #
Proposal for a regulation Recital 12 (12)
Amendment 32 #
Proposal for a regulation Recital 13 (13) For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts or concessions should inform economic operators thereof in the contract notice published in the Official Journal of the European Union.
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
Amendment 34 #
Proposal for a regulation Recital 15 (15) For contracts and concessions 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 or concessions between the Union and the country where the goods and/or
Amendment 35 #
Proposal for a regulation Recital 16 (16) When assessing whether a lack of substantial
Amendment 36 #
Proposal for a regulation Recital 16 (16) When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree the laws on public procurement
Amendment 37 #
Proposal for a regulation Recital 16 a (new) (16a) The respect of social, labour and environmental law provisions which apply at the place of work in the third country, as set out in international conventions such as ILO Convention 94 and in law as well as in collective agreements, should not be see as well as in collective agreements, should not be seen as discriminatory practice.
Amendment 38 #
Proposal for a regulation Recital 17 (17) The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement or concessions and the Commission considers that there is a reasonable prospect of removing the restrictive procurement or concessions practices in the near future, it should be able to adopt an implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.
Amendment 39 #
Proposal for a regulation 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 and to its concessions 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 Regulation.
Amendment 40 #
Proposal for a regulation Recital 19 (19) In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders.
Amendment 41 #
Proposal for a regulation Recital 20 (20) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external
Amendment 42 #
Proposal for a regulation Recital 21 (21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement or concessions practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Amendment 43 #
Proposal for a regulation Recital 23 (23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures or procedures for the award of concessions in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
Amendment 44 #
Proposal for a regulation Recital 27 (27) In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement and concessions after the
Amendment 45 #
Proposal for a regulation Recital 31 (31) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement and concessions to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic
Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts and concessions for the execution of works or a work, the supply of goods and the provision of services, depending on the kind of contract in question, by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets and the concessions of third countries.
Amendment 47 #
Proposal for a regulation 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 48 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. This Regulation does not affect the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how this services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to. Equally, this Regulation does not affect the decision of public authorities whether, how and to what extent they want to perform public functions themselves pursuant to Protocol N. 26 on Services of General Interest and Article 14 TFEU. This shall also apply to European Union's policies towards third countries.
Amendment 49 #
Proposal for a regulation Article 1 – paragraph 2 – subparagraph 2 This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and to the award of concessions for services provided for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.
Amendment 50 #
Proposal for a regulation Article 2 – paragraph 1 – point -a (new) (-a) 'economic operator' means any natural or legal person or public entity or group of such persons and/or entities, including temporary associations of undertakings, which offers the execution of works and/or a work, the supply of products or the provision of services on the market;
Amendment 51 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘contracting authority/entity’ means
Amendment 52 #
Proposal for a regulation 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 and concessions including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements; (This amendment applies to the whole of the legislative text (addition of the reference to concessions whenever public procurement is mentioned); adoption of the regulation will entail technical changes throughout the text).
Amendment 53 #
Proposal for a regulation 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 54 #
Proposal for a regulation Article 2 – paragraph 1 – point g a (new) (ga) ‘reservation concerning access to the market’ means any exception or derogation decided on by a state with which the EU has concluded an international agreement in the field of public procurement or concessions, including commitments concerning market access.
Amendment 55 #
Proposal for a regulation 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 56 #
Proposal for a regulation Article 2 – paragraph 1 – point g b (new) (gb) ‘lack of substantial reciprocity’ means any measure restricting access to public procurement markets or the award of concessions which results in repeated, serious discrimination against the EU’s operators, goods and services, in particular by means of discriminatory legislative or administrative provisions or the formal or practical lack of guarantees of equal, transparent treatment.
Amendment 57 #
Proposal for a regulation Article 2 – paragraph 1 – point g c (new) (gc) ‘corrective measures’ means the elimination of restrictive measures targeted by the Commission investigation.
Amendment 58 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d)
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 2 – point d – point 1 (new) (1) 'public supply contracts' means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations;
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 2 – point d – point 2 (new) (2) 'public service contracts' means public contracts having as their object the provision of services other than those referred to paragraph 2 point (d);
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures or concession award procedures. (This amendment applies to the whole of the legislative text (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text).
Amendment 62 #
Proposal for a regulation 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 1. The origin of a good shall be determined in accordance with Article
Amendment 64 #
Proposal for a regulation Article 4 – paragraph 1 When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services, or when awarding concessions for the execution of work or the provision of services, contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the European Union.
Amendment 65 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 67 #
Proposal for a regulation Article 6 – title E
Amendment 68 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 69 #
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
Amendment 70 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 71 #
Proposal for a regulation Article 6 – paragraph 1 – point a (new) (a) 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 72 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. Member States shall ensure that economic operators performing a public contract comply with 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 directive, included ILO 94.
Amendment 73 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 74 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Amendment 75 #
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. Criteria relating to complying with the environmental, social and labour law provisions which apply at the place of work in the third country, as set out in international conventions listed such as ILO convention 94 and in law as well as in collective agreements shall also be taken into account. 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).
Amendment 76 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 Amendment 77 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 78 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point a Amendment 79 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point b Amendment 80 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point b (b) a description of the object of the contract
Amendment 81 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point c Amendment 82 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point d Amendment 83 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 5 Amendment 84 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 6 Amendment 85 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 86 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 87 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – point a Amendment 88 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – 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.
Amendment 89 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – point b Amendment 90 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – point b (b) where an agreement referred to in point
Amendment 91 #
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, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.
Amendment 92 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Amendment 93 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Amendment 94 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 3 Amendment 95 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 96 #
Proposal for a regulation Article 6 – paragraph 5 – introductory part 5. When assessing whether a lack of substantial
Amendment 97 #
Proposal for a regulation 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 98 #
Proposal for a regulation Article 6 – paragraph 5 – point a Amendment 99 #
Proposal for a regulation Article 6 – paragraph 5 – point a (a) to what degree
source: PE-516.621
2013/10/03
INTA
231 amendments...
Amendment 100 #
Proposal for a regulation 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
Amendment 101 #
Proposal for a regulation 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 102 #
Proposal for a regulation 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 103 #
Proposal for a regulation 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.
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 a (new) Amendment 106 #
Proposal for a regulation Article 1 – paragraph 2 – subparagraph 2 This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and to the award of concessions for services provided for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a)
Amendment 108 #
Proposal for a regulation 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 109 #
Proposal for a regulation 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 and concessions including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements;
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point e (e) ‘non-covered goods or services’ means a good or service originating in a country with which the Union has not concluded an international agreement in the field of public procurement including market access commitments or a goods or service originating in a country with which the Union has concluded such an agreement, but in respect of which the relevant agreement does not apply;
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 1 – point e (e) ‘non-covered goods or services’ means a good or service originating in a country with which the Union has not concluded an international agreement in the field of public procurement including market access commitments or a goods or service originating in a country with which the Union has concluded such an agreement, but in respect of which the relevant agreement does not apply
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 1 – point g a (new) (ga) ‘lack of substantial reciprocity’ means any measure restricting access to public procurement markets or the award of concessions which consists of repeated, serious discrimination against EU goods and services, in particular by means of discriminatory legislative, financial or administrative provisions or the formal or practical lack of guarantees of equal and transparent treatment.
Amendment 113 #
Proposal for a regulation 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 114 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures
Amendment 115 #
Proposal for a regulation 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 116 #
Proposal for a regulation Article 4 – paragraph 1 W
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 1 When awarding contracts for the execution of works and/or a work, the supply of
Amendment 118 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part (1a) Member States or their contracting authorities/entities shall not restrict the access of non-covered goods or services to their tendering procedures by any measure other than those provided for in this Regulation. 2. Non-covered goods and services may be subject to restrictive measures taken by the Commission:
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 121 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 122 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 123 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 124 #
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. Where a contracting authority/entity intends to request the exclusion from procedures for the award of contracts, it shall notify its intention to the European Commission. Whenever the Commission receives such a notification, it should automatically launch an external procurement investigation as set out in article 8.
Amendment 125 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 126 #
Proposal for a regulation Article 6 – paragraph 1 1. Upon request of contracting
Amendment 127 #
Proposal for a regulation 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 130 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 131 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 132 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Where contracting authorities/entities
Amendment 133 #
Proposal for a regulation 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
Amendment 134 #
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
Amendment 135 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point b (b) a description of the object of the contract
Amendment 136 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 – point c (c) the name and contact details of the economic operator whose tender
Amendment 137 #
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.
Amendment 138 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 139 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 140 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 141 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 142 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 143 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 144 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 145 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 146 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 – point a a (new) (aa) where it can demonstrate by any appropriate means that violations of applicable obligations have occurred in the areas of environmental, social and labour law laid down in Union legislation, national legislation, collective agreements and in the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including Convention No 94 of the International Labour Organisation;
Amendment 147 #
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. 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 148 #
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, notably where those restrictive measures are detrimental to the EU's industrial policy.
Amendment 149 #
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 illegitimate restrictive procurement measures
Amendment 150 #
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 or concession award measures
Amendment 151 #
Proposal for a regulation 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 152 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Amendment 153 #
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; 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) (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 155 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 3 Amendment 156 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 157 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 158 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 159 #
Proposal for a regulation Article 6 – paragraph 5 – introductory part 5. When assessing
Amendment 160 #
Proposal for a regulation Article 6 – paragraph 5 – point a Amendment 161 #
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. 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 162 #
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 particularly Union goods, services and economic operators;
Amendment 163 #
Proposal for a regulation 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 164 #
Proposal for a regulation Article 6 – paragraph 5 – point b Amendment 165 #
Proposal for a regulation Article 6 – paragraph 5 – point b (b) to what degree public authorities and/or individual procuring entities maintain or adopt
Amendment 166 #
Proposal for a regulation Article 6 – paragraph 5 – point b a (new) (ba) When assessing whether there is evidence of serious and repeated violations of the fundamental rights of workers or the social or labour law laid down in Union legislation, national legislation, collective agreements and the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including Convention No 94 of the International Labour Organisation (ILO), the Commission shall examine the following: (i) to what degree laws and practices in the country concerned uphold workers’ fundamental rights and social and labour law laid down in Union legislation, national legislation, collective agreements and the international environmental, social and labour law provisions listed in Annex XI to the public procurement directive, including the ILO Convention No 94; (ii) to what degree public authorities and/or individual contracting entities employ social dumping practices in respect of the goods and services concerned.
Amendment 167 #
Proposal for a regulation Article 6 – paragraph 5 – point b a (new) (ba) to what degree the non-observance of international labour law provisions listed in Annex XI of the Directive on public procurement [...] (2013) XXX and in Annex XIV of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2013) XXX by public authorities have led to difficulties encountered and reported by European undertakings when these undertakings have tried to secure the award of contracts in third countries.
Amendment 168 #
Proposal for a regulation Article 6 – paragraph 6 Amendment 169 #
Proposal for a regulation Article 6 – paragraph 6 Amendment 170 #
Proposal for a regulation Article 6 – paragraph 7 Amendment 171 #
Proposal for a regulation Article 6 – paragraph 7 7. Contracting authorities/entities which have excluded tenders pursuant to
Amendment 172 #
Proposal for a regulation Article 6 – paragraph 8 Amendment 173 #
Proposal for a regulation Article 6 – paragraph 8 Amendment 174 #
Proposal for a regulation Article 7 Amendment 175 #
Proposal for a regulation Article 7 Amendment 176 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 177 #
Proposal for a regulation Article 7 – paragraph 1 Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged, including information regarding environmental, labour and wage conditions involved, in order to prevent social or environmental dumping.
Amendment 178 #
Proposal for a regulation Article 7 – paragraph 1 a (new) (1a) Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
Amendment 179 #
Proposal for a regulation Article 7 – paragraph 1 b (new) (1b) The explanations referred to in paragraph 1 a (new) may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XI of the Directive on public procurement [...] (2013) XXX or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) compliance of subcontractors with the obligations referred to in paragraph 1 a (new) - letter (d). With the aim of avoiding breaches of these obligations Member States and contracting authorities may take appropriate measures; (f) the possibility of the tenderer obtaining State aid.
Amendment 180 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 181 #
Proposal for a regulation Article 7 – paragraph 2 A contracting authority/entity may withhold any information release of it would impede law enforcement, or would otherwise be contrary to the public interest
Amendment 182 #
Proposal for a regulation Article 8 Amendment 183 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Where
Amendment 184 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 185 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 186 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 1. Where an intended exclusion has been approved in accordance with Article 6(3) of this Regulation, the Commission shall initiate an external investigation into alleged restrictive procurement measures. 2. Furthermore, where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties, a contracting authority/entity or a Member State,
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Where the Commission
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties or a Member State, may initiate an external procurement investigation into allegedly illegitimate restrictive procurement measures.
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 190 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 191 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 192 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 193 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 194 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 195 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 In particular, the Commission shall, in that case, take into account whether it has been notified of a number of intended exclusions
Amendment 196 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 197 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 3 a (new) (3a) The Commission shall justify any decision not to initiate an investigation to the Member State, contracting power or authority or interested party requesting the exclusion.
Amendment 198 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 199 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 200 #
Proposal for a regulation Article 8 – paragraph 2 a (new) (2a) if the third country has concluded an agreement listed in Annex I, whether 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 where there are explicit market access reservations taken by the Union.
Amendment 201 #
Proposal for a regulation Article 8 – paragraph 2 b (new) (2b) if an agreement referred to in Annex I does not exist, whether 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 is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services.
Amendment 202 #
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 its regular monitoring of trade barriers, and shall be concluded within a period of
Amendment 203 #
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 or its regular reports on existing trade barriers in third countries, and shall be concluded within a period of
Amendment 204 #
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
Amendment 205 #
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
Amendment 206 #
Proposal for a regulation Article 8 – paragraph 3 3. The assessment by the Commission of whether illegitimate 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
Amendment 207 #
Proposal for a regulation Article 8 – paragraph 3 a (new) (3a) 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.
Amendment 208 #
Proposal for a regulation Article 8 – paragraph 4 4. When the Commission concludes as a
Amendment 209 #
Proposal for a regulation Article 8 – paragraph 4 4. When the Commission concludes as a
Amendment 210 #
Proposal for a regulation 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 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.
Amendment 213 #
Proposal for a regulation Article 9 – paragraph 1 – subparagraph 1 When it is found as a result of an investigation that illegitimate 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
Amendment 214 #
Proposal for a regulation Article 9 – paragraph 1 – subparagraph 2 Amendment 215 #
Proposal for a regulation Article 9 – paragraph 1 – subparagraph 2 In the event that the country concerned declines the invitation to enter into consultation, the Commission shall
Amendment 216 #
Proposal for a regulation Article 9 – paragraph 2 2. If the country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission shall follow the consultation mechanisms and/or dispute settlement procedures set out in that agreement when the restrictive practices considered illegitimate relate to procurement covered by market access commitments undertaken by the country concerned towards the Union.
Amendment 217 #
Proposal for a regulation Article 9 – paragraph 2 a (new) (2a) However, where the country concerned is a party to the World Trade Organisation Agreement on Government Procurement, and/ or has concluded a bilateral trade agreement with the EU containing a 'public procurement' chapter and if the European Union has formulated express reservations concerning market access for that country, the Commission shall without delay adopt implementing measures under Article 10 limiting access for the goods and services concerned.
Amendment 218 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 1 When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures,
Amendment 219 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 1 When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures, but without undertaking new market access commitments, the Commission may suspend or terminate the consultation or invite the country concerned to enter into negotiations under Article 9(5).
Amendment 220 #
Proposal for a regulation 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
Amendment 221 #
Proposal for a regulation 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
Amendment 222 #
Proposal for a regulation 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
Amendment 223 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point i Amendment 224 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point i Amendment 225 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point ii Amendment 226 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point ii Amendment 227 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point ii Amendment 228 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 3 – point ii (ii) act under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country, or in established cases of social or environmental dumping are offered by a certain company;
Amendment 229 #
Proposal for a regulation 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.
Amendment 230 #
Proposal for a regulation 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.
Amendment 231 #
Proposal for a regulation Article 9 – paragraph 4 4. Where, after the initiation of a consultation, it appears that the most
Amendment 232 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – introductory part The Commission may terminate the consultation if the country concerned has undertake
Amendment 233 #
Proposal for a regulation 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 234 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 – point c (c) Expansion of its market access commitments undertaken under the WTO Agreement on Government Procurement or under a bilateral agreement concluded with the Union in that framework,
Amendment 235 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 Amendment 236 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 Amendment 237 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 The consultation may also be terminated in cases where the illegitimate restrictive procurement measures are still in place at the time these commitments are undertaken, as long as they include detailed provisions relating to the phasing-out of those practices.
Amendment 238 #
Proposal for a regulation Article 9 – paragraph 6 Amendment 239 #
Proposal for a regulation Article 9 – paragraph 6 6. In the event that a consultation with a third country does not lead to satisfactory results within
Amendment 240 #
Proposal for a regulation Article 9 – paragraph 6 6. In the event that a consultation with a third country does not lead to satisfactory results within 1
Amendment 241 #
Proposal for a regulation Article 9 – paragraph 6 6. In the event that a consultation with a third country does not lead to satisfactory results within 1
Amendment 242 #
Proposal for a regulation Article 10 Amendment 243 #
Proposal for a regulation Article 10 Amendment 244 #
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
Amendment 245 #
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
Amendment 246 #
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 reciprocity 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
Amendment 247 #
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 reciprocity in market opening between the Union and the third country as referred to in Article
Amendment 248 #
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
Amendment 249 #
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 reciprocity in market opening between the Union and the third country as referred to in Article
Amendment 250 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) the
Amendment 251 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) in accordance with article 6, the exclusion of tenders of which more than 75
Amendment 252 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) in established cases of environmental or social dumping, a mandatory price penalty on that part of the tender consisting of non-covered goods or services
Amendment 253 #
Proposal for a regulation Article 10 – paragraph 3 a (new) (3 a) Measures adopted pursuant to paragraph 1 should be indicated in a publicly available source.
Amendment 254 #
Proposal for a regulation Article 10 – paragraph 3 a (new) (3 a) The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.
Amendment 255 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) application of the measure would lead to a disproportionate increase in the
Amendment 256 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 3 – point d a (new) (d a) information regarding environmental, labour and wage conditions involved in the offer, in order to prevent social or environmental dumping,
Amendment 257 #
Proposal for a regulation 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 258 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 – point d a (new) (da) information regarding environmental, labour and wage conditions involved, in order to prevent social or environmental dumping,
Amendment 259 #
Proposal for a regulation Article 13 a (new) Article 13a This Regulation shall be without prejudice to the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how these services should be organised and financed in compliance with the State aid rules and what specific obligations they should be subject to. Equally, this Regulation shall be without prejudice to the right of public authorities to decide whether, how and to what extent they wish to perform public functions themselves pursuant to Protocol (No 26) on Services of General Interest and Article 14 TFEU.
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 14 concerning amendments to the Annexes to reflect the conclusion of new international agreements by the Union in the field of public procurement.
Amendment 261 #
Proposal for a regulation Article 14 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 14 concerning amendments to the Annexes to reflect the conclusion of new international agreements by the Union in the field of public procurement.
Amendment 262 #
Proposal for a regulation 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
Amendment 263 #
Proposal for a regulation Article 16 a (new) Article 16a Procurement conditions in connection with Union-funded programmes in third countries. In connection with public procurements funded by the European Union and its Member States, the Commission shall ensure the introduction of a binding regulatory framework intended to govern the award and performance of public contracts. In this connection, the European Union shall adopt uniform rules to ensure fair conditions of competition between European Union and third country economic operators.
Amendment 264 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 265 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 266 #
Proposal for a regulation Article 19 – paragraph 1 By 1 January 2017
Amendment 267 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 268 #
Proposal for a regulation Article 20 – paragraph 1 On entry into force of this Regulation, the Commission shall, under Article 15 thereof establish whether Articles 58 and 59 of Directive 2004/17/EC
Amendment 269 #
Proposal for a regulation Article 20 – paragraph 1 Following adoption of this Regulation, the Commission shall establish whether Articles 58 and 59 of Directive 2004/17/EC
Amendment 270 #
Proposal for a regulation 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.
Amendment 271 #
Proposal for a regulation Article 20 – paragraph 1 a (new) (1a) If any provision of this Regulation overlaps with Articles 58 and 59 of Directive 2004/17/EC as regards the award of a given contract, the provision of this Regulation shall prevail and shall apply to the contract in question.
Amendment 272 #
Proposal for a regulation Annex 1 a (new) Amendment 273 #
Proposal for a regulation Annex 1 a (new) ANNEX II Explicit market access reservations formulated by the EU in the WTO Agreement on Government Procurement
Amendment 44 #
Proposal for a regulation – The European Parliament rejects [the Commission proposal].
Amendment 45 #
Proposal for a regulation – The European Parliament rejects [the Commission proposal].
Amendment 46 #
Draft legislative resolution Paragraph 2 2.
Amendment 47 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the access of third-country goods and services to the Union's internal market in public procurement and concessions and procedures supporting negotiations on access of Union goods and services to the public procurement markets and to the concessions of third countries (Text with EEA relevance)
Amendment 48 #
Proposal for a regulation Citation 3 a (new) - Having regard to the revised public procurement directive
Amendment 49 #
Proposal for a regulation Citation 3 b (new) - Having regard to the revised Plurilateral Agreement on Government Procurement (GPA);
Amendment 50 #
Proposal for a regulation Recital 1 (1) Article 21 of the Treaty on European Union provides that the Union
Amendment 51 #
Proposal for a regulation Recital 2 (2) Pursuant to Article 206 of the Treaty on the Functioning of the European Union (TFEU) the Union, by establishing a customs union, is to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers; it should therefore promote global trade that is underpinned by the principles of reciprocity and fair competition.
Amendment 52 #
Proposal for a regulation Recital 2 a (new) (2a) The purpose of EU trade policy should be to defend the interests of the Union and the European public and thus to promote a regulated and balanced vision of trade relations;
Amendment 53 #
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 and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.
Amendment 54 #
Proposal for a regulation Recital 5 a (new) (5a) Public Procurement forms an important part of the EU's GDP and must therefore be used to strengthen the EU's potential for innovation and industrial production. In view of a sustainable industry policy strategy in the European Union, unfair tenders comprising goods and/or services originating outside the European Union must therefore be excluded. At the same time, reciprocity and fair conditions for the market access of EU industries have to be ensured.
Amendment 55 #
Proposal for a regulation Recital 6 (6) Many third countries are reluctant to open their public procurement markets to international competition, or to open those markets further than what they have already done, because they consider public procurement as an important instrument to address development needs of their population, in particular in rural areas. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union.
Amendment 56 #
Proposal for a regulation Recital 6 (6) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 57 #
Proposal for a regulation Recital 7 (7) Directives 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors10 and 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts11 contain only a few provisions concerning the external dimension of the public procurement policy of the Union, in
Amendment 58 #
Proposal for a regulation Recital 8 (8) In accordance with Article 207 TFEU the common commercial policy in the field of public procurement and concessions is to be based on uniform principles.
Amendment 59 #
Proposal for a regulation 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 60 #
Proposal for a regulation Recital 9 (9) In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.
Amendment 61 #
Proposal for a regulation Recital 9 a (new) (9a) Public contracts cannot be awarded to economic operators that: -do not meet the requirements laid down by Union legislation or international provisions in the areas of social, labour and environmental law, in accordance with the public procurement directives; -are involved or have been involved in a criminal organisation or in human trafficking or child labour.
Amendment 62 #
Proposal for a regulation Recital 9 b (new) (9b) The Commission should ensure that it does not fund programmes for which international public contracts are awarded or implemented in a manner inconsistent with the principles laid down in the public procurement directive.
Amendment 63 #
Proposal for a regulation Recital 10 Amendment 64 #
Proposal for a regulation Recital 10 (10) The objectives of improving the access of EU economic operators to the public procurement and concessions markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union.
Amendment 65 #
Proposal for a regulation Recital 12 (12) The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts13
Amendment 66 #
Proposal for a regulation Recital 13 (13) For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with
Amendment 67 #
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
Amendment 68 #
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
Amendment 69 #
Proposal for a regulation Recital 15 (15) For contracts and concessions 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 and concessions 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 in the field of procurement or the award of 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 in the field of procurement or the award of result in serious and recurring
Amendment 70 #
Proposal for a regulation 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. I
Amendment 71 #
Proposal for a regulation Recital 16 (16) When assessing
Amendment 72 #
Proposal for a regulation Recital 16 (16) When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree the laws on public procurement
Amendment 73 #
Proposal for a regulation 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 a (new) (16a) When assessing tenders comprising goods and/or services originating outside the European Union, contracting authorities and the European Commission must ensure the compliance with the criteria for fair trade, as well as for the compliance with labour rights and environmental standards as laid down in recital 41a as well as paragraph 2 of Article 15 and Annex 11 of the Directive on public procurement [...] (2013) XXX.
Amendment 75 #
Proposal for a regulation Recital 17 Amendment 76 #
Proposal for a regulation Recital 17 Amendment 77 #
Proposal for a regulation Recital 17 Amendment 78 #
Proposal for a regulation Recital 17 (17)
Amendment 79 #
Proposal for a regulation Recital 17 (17) The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and/or concessions the Commission considers that there is a reasonable prospect of removing the restrictive procurement and/or concessions practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.
Amendment 80 #
Proposal for a regulation Recital 18 Amendment 81 #
Proposal for a regulation Recital 18 Amendment 82 #
Proposal for a regulation 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
Amendment 83 #
Proposal for a regulation Recital 18 (18) In view of the fact that the access of third country goods and services to the
Amendment 84 #
Proposal for a regulation 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 and to its concessions 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 Regulation.
Amendment 85 #
Proposal for a regulation Recital 19 (19) In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of the Directive on public procurement and Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged, including information regarding environmental, labour and wage conditions involved, in order to prevent social or environmental dumping. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market.
Amendment 86 #
Proposal for a regulation Recital 20 (20) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external procurement investigation into illegitimate restrictive procurement practices allegedly maintained by a third country.
Amendment 87 #
Proposal for a regulation Recital 20 (20) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external
Amendment 88 #
Proposal for a regulation Recital 21 (21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains an illegitimate restrictive procurement practice, it should be able to start an investigation. If the existence of an illegitimate restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to
Amendment 89 #
Proposal for a regulation Recital 21 (21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement and concession practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Amendment 90 #
Proposal for a regulation Recital 22 (22) If the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for EU economic operators, goods and services, the Commission should suggest to take appropriate
Amendment 91 #
Proposal for a regulation Recital 23 (23)
Amendment 92 #
Proposal for a regulation Recital 23 (23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond, and should apply for a period of five years, which can be extended for another five years.
Amendment 93 #
Proposal for a regulation Recital 23 (23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures or procedures for the award of concessions in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain
Amendment 94 #
Proposal for a regulation 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
Amendment 95 #
Proposal for a regulation Recital 24 a (new) (24a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
Amendment 96 #
Proposal for a regulation Recital 25 Amendment 97 #
Proposal for a regulation Recital 27 (27) In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement and concessions after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
Amendment 98 #
Proposal for a regulation Recital 31 (31) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement and concessions to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union,
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 1.
source: PE-519.588
2013/10/16
DEVE
7 amendments...
Amendment 1 #
Proposal for a regulation Recital 12 (12) The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts13 ] exclude, for contracts with an estimated value equal or above EUR 5.000.000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union. This should not concern procedures for contracting goods and services with countries benefiting from the "Everything But Arms" arrangement listed in Annex IV of the European Parliament and Council Regulation (EU) No 97/2012 applying a scheme of generalised tariff preferences, and contracting goods and services originating in developing countries as defined in Annex VII to the European Parliament and Council Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences. __________________ 13 OJ L….
Amendment 2 #
Proposal for a regulation Recital 26 (26) In the light of the overall policy of the Union
Amendment 3 #
Proposal for a regulation Recital 26 (26) In the light of the overall policy of the Union with regard to least-developed countries
Amendment 4 #
Proposal for a regulation Article 4 – paragraph 2 Goods or services originating in least- developed countries listed in Annex IV to
Amendment 5 #
Proposal for a regulation Article 4 – paragraph 2 Goods or services originating in least- developed countries listed in Annex IV to
Amendment 6 #
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
Amendment 7 #
Proposal for a regulation Article 19 – paragraph 1 source: PE-521.635
2017/06/29
IMCO
61 amendments...
Amendment 15 #
Proposal for a regulation – The Committee on Internal Market and Consumer Protection calls on the Committee on International Trade, as the committee responsible, to propose rejection of the amended proposal for a Regulation of the European Parliament and of the Council on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
Amendment 16 #
Proposal for a regulation – The Committee on Internal Market calls on the Committee on International Trade, as the committee responsible, to propose rejection of the amended proposal for a Regulation of the European Parliament and of the Council on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
Amendment 17 #
Proposal for a regulation Recital 1 (1) In accordance with Article 21 of the Treaty on European Union, the Union
Amendment 18 #
Proposal for a regulation Recital 1 (1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations
Amendment 19 #
Proposal for a regulation Recital 1 (1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, but respecting environmental, social and product standards in the internal market.
Amendment 20 #
Proposal for a regulation Recital 1 a (new) (1a) A ‘Buy European Act’ urgently needs to be introduced to give European businesses priority access to European public procurement.
Amendment 21 #
Proposal for a regulation Recital 2 Amendment 22 #
Proposal for a regulation Recital 3 Amendment 23 #
Proposal for a regulation Recital 6 (6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit, based on fair trade.
Amendment 24 #
Proposal for a regulation Recital 6 a (new) (6a) In order to avoid confusion about the concession of goods, it is necessary to introduce a definition of the term “concession”.
Amendment 25 #
Proposal for a regulation Recital 7 (7) If the country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission should follow the consultation mechanisms
Amendment 26 #
Proposal for a regulation Recital 8 (8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partners of the Union.
Amendment 27 #
Proposal for a regulation Recital 8 (8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done, because they consider public procurement as an important instrument to address development needs of their population, in particular in rural areas. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 28 #
Proposal for a regulation Recital 8 (8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices and concessions in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities and therefore a procedure to prevent imbalances in third-country public procurement markets should exist.
Amendment 29 #
Proposal for a regulation Recital 8 (8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices are
Amendment 30 #
Proposal for a regulation Recital 9 (9) Directive 2004/25/EU of the European Parliament and of the Council16 contains only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 85 and 86.
Amendment 31 #
Proposal for a regulation Recital 11 (11) In the interest of legal certainty for Union and third-country economic operators and consumers, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof.
Amendment 32 #
Proposal for a regulation Recital 12 (12) The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement and concessions measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non- preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union.
Amendment 33 #
Proposal for a regulation Recital 12 (12) The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by
Amendment 34 #
Proposal for a regulation Recital 12 a (new) (12a) The Commission may take measures on the basis of this regulation only in exceptional circumstances and with regard to countries the EU has not recognised as a market economy.
Amendment 35 #
Proposal for a regulation Recital 12 b (new) (12b) The Commission can take the action provided for in this regulation only in cases involving restrictive and discriminatory measures, or in proceedings relating to procurement or a market in which a third country is applying concessions which seriously harm, or have the potential to seriously harm, the economic sector of a Member State, while that third country is demonstrably subsidising its own export capacity.
Amendment 36 #
Proposal for a regulation Recital 13 (13) The origin of a good should be determined in accordance with Article
Amendment 37 #
Proposal for a regulation 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 and confidentiality in line with international standards in the field of public procurement and concessions 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.
Amendment 38 #
Proposal for a regulation Recital 17 (17) When assessing
Amendment 39 #
Proposal for a regulation Recital 17 (17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission sh
Amendment 40 #
Proposal for a regulation 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 and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulation. Notwithstanding, the Member States should be able to provide for the use of the competitive procedure with negotiation or the competitive dialogue in various situations where the classic open or restricted procedures without negotiations are unlikely to deliver satisfactory outcomes.
Amendment 41 #
Proposal for a regulation 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 and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulation, if the goods or services comply with the quality and environmental standards imposed on products and services in the internal market.
Amendment 42 #
Proposal for a regulation 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 and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided
Amendment 43 #
Proposal for a regulation Recital 18 (18) In view of the fact that the access of third country goods and services to the
Amendment 44 #
Proposal for a regulation Recital 19 Amendment 45 #
Proposal for a regulation Recital 19 (19) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to
Amendment 46 #
Proposal for a regulation Recital 20 Amendment 47 #
Proposal for a regulation Recital 20 (20) If the existence of a restrictive and/or discriminatory procurement and concessions’ measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into
Amendment 48 #
Proposal for a regulation Recital 20 (20) If the existence of an illegitimate restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country.
Amendment 49 #
Proposal for a regulation Recital 20 (20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission sh
Amendment 50 #
Proposal for a regulation Recital 21 (21) It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the
Amendment 51 #
Proposal for a regulation Recital 21 (21) It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the main findings and conclusions of the investigation should therefore be publicly available.
Amendment 52 #
Proposal for a regulation 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 measures applying to tenders
Amendment 53 #
Proposal for a regulation Recital 22 a (new) (22a) Price adjustment is a sanction measure applied by Member States, on the basis of a Commission decision, to the provision of goods and services from a third country in Member State procurement processes, in response to a restrictive and discriminatory measure adopted or applied by that third country against economic actors, goods or services from the EU in public procurement, and consists of a set rise in the cost of the provision of those goods and services.
Amendment 54 #
Proposal for a regulation Recital 24 (24) Price adjustment measures 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. It is necessary to define the “price adjustment” for a uniform interpretation of the provisions of this Regulation.
Amendment 55 #
Proposal for a regulation Recital 24 (
Amendment 56 #
Proposal for a regulation Recital 26 (26) Given that the Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure
Amendment 57 #
Proposal for a regulation Recital 26 (26) Member States are best placed to
Amendment 58 #
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 and offering the best value for money. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 59 #
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 and services meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 60 #
Proposal for a regulation Recital 28 (28)
Amendment 61 #
Proposal for a regulation Recital 29 (29) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the
Amendment 62 #
Proposal for a regulation Recital 30 a (new) (30a) It is necessary to introduce transitional provisions on negotiation without publication of a notice where contracts awarded under Directive 2004/17/EC and/or Directive 2004/18/EC are amended.
Amendment 63 #
Proposal for a regulation Recital 33 (33) In accordance with the principle of proportionality, it
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘economic operator’ means any natural or legal person, any works contractor, service provider, product supplier or public entity or group of such persons and/or entities, including any temporary association of undertakings, which submits a tender for the execution of works and/or a work, the supply of goods or the provision of services on the market;
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘restrictive and/or discriminatory procurement measure or practice’ means
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point g (g) ‘country’ means any State or separate customs territory
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point h a (new) (ha) ‘price restriction’ means a sanction imposed by the Commission in response to a restrictive and/or discriminatory measure taken by a third country, and consists of an increase in the cost of the provision of goods and services from the third country concerned, to the extent and under the conditions set out under this Regulation;
Amendment 69 #
Proposal for a regulation Article 9 – paragraph 1 The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. This list can be updated by the Member States in case of necessity. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.
Amendment 70 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 71 #
Proposal for a regulation Article 11 – paragraph 2 2. When contracting authorities and contracting entities conduct a procurement or a concession procedure that is subject to a price adjustment measure, they shall, no later than one month after the start of the procedure, include that information in the contract notice they publish pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice they publish pursuant to Article 31 of Directive 2014/23/EU. The Commission may adopt implementing acts in accordance with the advisory procedure referred to in Article 14(3) adapting the standard forms for contract or concession notices adopted under Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU.
Amendment 72 #
Proposal for a regulation Article 12 – paragraph 1 – point a a (new) (aa) they conclude that not applying the price adjustment measure would be in their best interest;
Amendment 73 #
Proposal for a regulation Article 12 – paragraph 3 – point c a (new) (ca) information regarding environmental, labour and wage conditions involved in the offer, in order to prevent social or environmental dumping;
Amendment 74 #
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 can be, at the request of both contracting parties, examined by an international commercial arbitration court, permanent or ad hoc, which then shall have exclusive competencies to declare a contract effective or ineffective. If the contracting parties, however, decide not to bring the case to an international commercial arbitration court, a contract concluded in violation of this Regulation shall be ineffective.
Amendment 75 #
Proposal for a regulation Article 16 – paragraph 1 a (new) Member States shall ensure that the application of this Regulation is monitored with a view to detecting threats to the financial interests of the Union and its Member States, to the unity of the single market and/or to the rights of the consumers. This monitoring shall be used to prevent, detect and adequately report possible instances of procurement fraud, corruption, conflict of interest and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.
source: 607.826
2018/03/22
INTA
112 amendments...
Amendment 100 #
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 and offering best value for money. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 101 #
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 contracting authorities and contracting entities should be able
Amendment 102 #
Proposal for a regulation Recital 29 (29) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council22 . The Commission shall also ensure that all the Union institutions and agencies take into account the provisions of this Regulation and do the internal adjustments to reflect these changes. _________________ 22 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for the control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 103 #
Proposal for a regulation Recital 30 (30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a
Amendment 104 #
Proposal for a regulation Recital 32 (32) Regular reporting by the Commission should make it possible to monitor the application
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 It provides for the possibility of applying
Amendment 106 #
Proposal for a regulation 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 4. This Regulation shall apply
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 5 5. Member States and their contracting authorities and contracting entities shall not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation except those provided in Directives 2014/23/EU, 2014/24/EU or 2014/25/EU.
Amendment 109 #
Proposal for a regulation Article 1 – paragraph 5 5. Member States and their contracting authorities and contracting entities shall not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation or by relevant Union law, national law or collective agreements.
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘covered goods or services’ means goods or services originating in a country with which the Union has concluded an international agreement in the field of public procurement and/or concessions including market access commitments ensuring comparable and effective access for Union undertakings to the markets of those third countries and in respect of which the relevant agreement applies;
Amendment 111 #
Proposal for a regulation 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 112 #
Proposal for a regulation 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 include the non observance of international environmental, social and labour law provisions listed in Annex X to the Directive 2014/24/EU.
Amendment 113 #
Proposal for a regulation 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
Amendment 114 #
Proposal for a regulation 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 115 #
Proposal for a regulation Article 2 – paragraph 1 – point h a (new) (h a) "Interested parties" means relevant stakeholders, individual contracting authorities and entities excluding municipalities with less than 100.000 inhabitants
Amendment 116 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1 a. "Price adjustment" is a price penalty applied by the Member States, on the basis of a Commission decision, to the provision of goods and services from a third country in a Member State's procurement procedures, in response to a restrictive and/or discriminatory measure applied by that third country against the EU in the field of public procurement, which raises the cost of provision of those goods and services.
Amendment 117 #
Proposal for a regulation Article 5 Amendment 118 #
Proposal for a regulation Chapter 3 – title Investigations, consultations
Amendment 119 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Amendment 120 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or
Amendment 121 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Amendment 122 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 If an investigation is initiated, the Commission shall publish a notice in the Official Journal of the European Union, inviting interested parties, relevant stakeholders, individual contracting authorities, contracting entities and Member States to provide all relevant information to the Commission within a specified period of time.
Amendment 123 #
Proposal for a regulation Article 6 – paragraph 2 2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessment shall be carried out in a transparent manner and concluded within a period of
Amendment 124 #
Proposal for a regulation 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 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
Amendment 126 #
Proposal for a regulation 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 at ensuring 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
Amendment 127 #
Proposal for a regulation Article 7 – paragraph 3 – point ii a (new) (ii a) decide, by implementing act, to limit the access of goods and services originating in the third country concerned.
Amendment 128 #
Proposal for a regulation Article 7 – paragraph 4 4. Where, after the initiation of a consultations, it appears that the most appropriate means to end a restrictive and/or discriminatory procurement measure or practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with Articles 207 and 218 of the Treaty on the Functioning of the European Union.
Amendment 129 #
Proposal for a regulation Article 7 – paragraph 5 – introductory part 5. The Commission may terminate consultations if the country concerned undertakes international commitments or specific obligations in the fields of environmental, social and labour law agreed with the Union in any of the following frameworks:
Amendment 130 #
Proposal for a regulation Article 7 – paragraph 5 – point a (a) Accession to the WTO Agreement on Government Procurement without substantial reservations;
Amendment 131 #
Proposal for a regulation 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 132 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 133 #
Proposal for a regulation 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 134 #
Proposal for a regulation Article 7 a (new) Article 7 a Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 1. Where it is found in an investigation pursuant to Article 6 that restrictive procurement measures adopted or maintained by that third country leads to a lack of substantial reciprocity in market opening between the Union and the third country, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to temporarily limit the access of non-covered goods and services originating in a third country or to impose a price adjustment measure, pursuant to Article 8. Those implementing acts shall e adopted in accordance with the examination procedure referred to in Article14(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of 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 (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice.
Amendment 135 #
Proposal for a regulation Article 8 – title Amendment 136 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 137 #
Proposal for a regulation 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 measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices. A price adjustment measure may also be applied when the third country concerned does not comply with obligations in the fields of environmental, social and labour law established by the international environmental, social and labour law provisions listed in Annex X to the Directive 2014/24/EU.
Amendment 138 #
Proposal for a regulation 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
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Price adjustment measures shall only apply to contracts
Amendment 141 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Price adjustment measures shall only apply to contracts with an estimated value equal to or above EUR 5.000.000 exclusive of value-added tax, except to works or concession contracts with an estimated value under EUR 15.000.000 exclusive of value-added tax.
Amendment 142 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 143 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 144 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 a (new) The restrictive measures adopted pursuant to the first subparagraph may consist of: (a) the exclusion of tenders of which more than 50% of the total value is made up of non-covered goods or services originating in the country concerned;or (b) a mandatory price penalty of no less than 30% on that part of the tender consisting of non-covered goods or services which originate in the country concerned.
Amendment 145 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. The
Amendment 146 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. The
Amendment 147 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. The price adjustment measure shall specify the penalty of up to
Amendment 148 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 149 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the
Amendment 150 #
Proposal for a regulation Article 8 a (new) Article 8 a Measures limiting access of economic operators owned or controlled directly or indirectly by the government of the third country concerned to the Union public procurement market The Contracting authority may also exclude the access of economic operators owned or controlled directly or indirectly by the government of the third country concerned, including through significant funding and subsidies. The exclusion may apply to tenders submitted by economic operators owned or controlled directly or indirectly by the government of the third country concerned, unless these economic operators can demonstrate that less than 50% of the total value of their tender is made up of goods or services originating in that third country.
Amendment 151 #
Proposal for a regulation Article 9 – paragraph 1 The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure, with the exception of those from municipalities with less than 200.000 inhabitants. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.
Amendment 152 #
Proposal for a regulation Article 9 – paragraph 1 The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. This list can be updated by Member States if needed. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.
Amendment 153 #
Proposal for a regulation Article 10 – title Withdrawal or suspension of
Amendment 154 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The Commission may decide, by implementing act, to withdraw the
Amendment 155 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of
Amendment 156 #
Proposal for a regulation Article 11 – title Application of
Amendment 157 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply
Amendment 158 #
Proposal for a regulation Article 11 – paragraph 1 – point b – paragraph 2 Contracting authorities and contracting entities shall not apply
Amendment 159 #
Proposal for a regulation Article 11 – paragraph 1 – point b – paragraph 3 Amendment 160 #
Proposal for a regulation Article 11 – paragraph 1 – point b – paragraph 3 Amendment 161 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 162 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 163 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 Where a
Amendment 164 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 a (new) In the case of reasonable doubts regarding circumvention of the application of this Regulation, the contracting authority shall request the tenderer to provide explanation and relevant evidence within a reasonable period of time. The contracting authority shall assess the information provided by the tenderer and shall reject the tender when this information does not allay the reasonable doubts of circumvention.
Amendment 166 #
Proposal for a regulation Article 12 – paragraph 1 – point b a (new) (b a) The application of the measure would have negative effects due to the lack of effective competition for the execution of works, the supply of goods or the provision of services in a specific market.
Amendment 167 #
Proposal for a regulation Article 12 – paragraph 1 – point b a (new) (b a) they conclude that not applying the price adjustment measure would be in their best interest;
Amendment 168 #
Proposal for a regulation Article 12 – paragraph 1 – point b b (new) (b b) The tender submitted by an economic operator originating in the third country concerned is the best tender in terms of qualitative criteria, as referred to in point (a) of the first paragraph of article 67(2) of Directive 2014/24/EU.
Amendment 169 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. These exceptions shall not apply when the economic operator is owned or controlled directly or indirectly by the government of a third country, including through significant funding and subsidies.
Amendment 171 #
Proposal for a regulation Article 16 – paragraph 1 Amendment 172 #
Proposal for a regulation Article 16 – paragraph 1 Amendment 173 #
Proposal for a regulation Article 16 – paragraph 1 a (new) Member States shall ensure that the application of this Regulation is monitored with a view to detecting threats to the financial interests of the Union and its Member States, to the unity of the single market and/or to the rights of the consumers. This monitoring shall be used to prevent, detect, and adequately report possible instances of procurement fraud, corruption, conflict of interests and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.
Amendment 174 #
Proposal for a regulation 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 175 #
Proposal for a regulation Article 17 A
Amendment 176 #
Proposal for a regulation Article 17 – paragraph 1 Amendment 177 #
Proposal for a regulation Article 17 – paragraph 1 Amendment 68 #
Proposal for a regulation Citation 2 a (new) Having regard to the directive 2014/24/EU of the European Parliament and the Council of 26 February 2014 on public procurement and in particular its Article 18
Amendment 69 #
Proposal for a regulation 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 8 (8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. With the view to leveling the playing field and to ensuring reciprocal market access, this reform seeks to allow the European Commission as well as Member States' contracting authorities to exclude non-Union companies from public procurement contracts in the Union, unless their home country opens up its public procurement markets to Union companies.
Amendment 71 #
Proposal for a regulation Recital 9 (9) Directive 20
Amendment 72 #
Proposal for a regulation Recital 9 (9) Directive 20
Amendment 73 #
Proposal for a regulation Recital 13 (13)
Amendment 74 #
Proposal for a regulation Recital 16 Amendment 75 #
Proposal for a regulation 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 76 #
Proposal for a regulation 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 and/or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators
Amendment 77 #
Proposal for a regulation 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. The Commission should also examine to what degree public authorities of a third country concerned take relevant measures to ensure compliance with obligations in the fields of international environmental, social and labour law provisions listed in Annex X to the Directive 2014/24/EU.
Amendment 78 #
Proposal for a regulation 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) (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 (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
Amendment 81 #
Proposal for a regulation Recital 19 (19) The Commission should be able, on its own initiative or at the
Amendment 82 #
Proposal for a regulation Recital 19 (19) The Commission should be able, on its own initiative or at
Amendment 83 #
Proposal for a regulation Recital 20 (20)
Amendment 84 #
Proposal for a regulation Recital 21 (21) It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the main findings of the investigation should therefore be publicly available
Amendment 85 #
Proposal for a regulation Recital 21 (21) It is of the utmost importance that the investigation is carried out in a transparent manner and within reasonable timeframe. A report on the main findings of the investigation should therefore be publicly available.
Amendment 86 #
Proposal for a regulation 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
Amendment 87 #
Proposal for a regulation 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,
Amendment 88 #
Proposal for a regulation Recital 22 (22) If the consultations with the country concerned do not lead to
Amendment 89 #
Proposal for a regulation Recital 22 a (new) (22 a) 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, contracting authorities should be able to exclude tenders submitted by economic operators owned or controlled directly or indirectly by the government of the third country concerned, including through significant funding and subsidies.
Amendment 90 #
Proposal for a regulation Recital 23 (23) Such measures
Amendment 91 #
Proposal for a regulation Recital 23 (23) Such measures should be applied
Amendment 92 #
Proposal for a regulation Recital 23 (23) Such measures should
Amendment 93 #
Proposal for a regulation Recital 24 Amendment 94 #
Proposal for a regulation Recital 24 (24)
Amendment 95 #
Proposal for a regulation Recital 24 (24)
Amendment 96 #
Proposal for a regulation Recital 24 (24)
Amendment 97 #
Proposal for a regulation Recital 25 (25) In order to simplify the application of
Amendment 98 #
Proposal for a regulation Recital 26 (26) Member States are best placed to identify the contracting authorities or contracting entities
Amendment 99 #
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 contracting authorities and contracting entities should be able not to apply price adjustment 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 essential public needs, for example in the fields of health and public safety,
source: 619.337
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Old
New
True |
committees/3/committee |
Old
DEVENew
IMCO |
committees/3/committee_full |
Old
DevelopmentNew
Internal Market and Consumer Protection |
committees/3/opinion |
False
|
committees/3/rapporteur |
|
committees/5/committee |
Old
ITRENew
DEVE |
committees/5/committee_full |
Old
Industry, Research and EnergyNew
Development |
committees/6/associated |
Old
TrueNew
|
committees/6/committee |
Old
IMCONew
JURI |
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Old
Internal Market and Consumer ProtectionNew
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|
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|
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Old
JURINew
ITRE |
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Old
Legal AffairsNew
Industry, Research and Energy |
committees/7/opinion |
False
|
committees/7/rapporteur |
|
committees/10/committee |
Old
DEVENew
JURI |
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Old
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Old
DEVENew
JURI |
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Old
DevelopmentNew
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Old
EMPLNew
ITRE |
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Old
Employment and Social AffairsNew
Industry, Research and Energy |
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Old
EMPLNew
ITRE |
committees/13/committee_full |
Old
Employment and Social AffairsNew
Industry, Research and Energy |
committees/14/committee |
Old
ITRENew
EMPL |
committees/14/committee_full |
Old
Industry, Research and EnergyNew
Employment and Social Affairs |
committees/15/committee |
Old
ITRENew
EMPL |
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Old
Industry, Research and EnergyNew
Employment and Social Affairs |
committees/16/committee |
Old
JURINew
DEVE |
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Old
Legal AffairsNew
Development |
committees/17/committee |
Old
JURINew
DEVE |
committees/17/committee_full |
Old
Legal AffairsNew
Development |
docs/0/docs/0/url |
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdfNew
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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|
docs/11 |
|
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Old
2016-12-21T00:00:00New
2016-12-20T00:00:00 |
docs/12 |
|
docs/12 |
|
docs/12/date |
Old
2012-08-08T00:00:00New
2012-08-07T00:00:00 |
docs/13 |
|
docs/13 |
|
docs/13/date |
Old
2012-06-25T00:00:00New
2012-06-24T00:00:00 |
docs/14 |
|
events/0 |
|
events/10 |
|
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|
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|
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Old
2022-04-25T00:00:00New
2022-04-24T00:00:00 |
committees/3/associated |
Old
TrueNew
|
committees/3/committee |
Old
IMCONew
DEVE |
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Old
Internal Market and Consumer ProtectionNew
Development |
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False
|
committees/3/rapporteur |
|
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Old
New
True |
committees/6/committee |
Old
DEVENew
IMCO |
committees/6/committee_full |
Old
DevelopmentNew
Internal Market and Consumer Protection |
committees/6/opinion |
False
|
committees/6/rapporteur |
|
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Old
JURINew
DEVE |
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Old
Legal AffairsNew
Development |
committees/11/committee |
Old
ITRENew
DEVE |
committees/11/committee_full |
Old
Industry, Research and EnergyNew
Development |
committees/14/committee |
Old
DEVENew
ITRE |
committees/14/committee_full |
Old
DevelopmentNew
Industry, Research and Energy |
committees/15/committee |
Old
DEVENew
ITRE |
committees/15/committee_full |
Old
DevelopmentNew
Industry, Research and Energy |
committees/17/committee |
Old
ITRENew
JURI |
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Old
Industry, Research and EnergyNew
Legal Affairs |
docs/0/docs/1/url |
Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124New
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|
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Old
2016-12-20T00:00:00New
2016-12-21T00:00:00 |
docs/13/date |
Old
2012-08-07T00:00:00New
2012-08-08T00:00:00 |
docs/14/date |
Old
2012-06-24T00:00:00New
2012-06-25T00:00:00 |
events/0 |
|
events/10 |
|
events/13 |
|
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Old
2022-04-24T00:00:00New
2022-04-25T00:00:00 |
events/15 |
|
committees/3/associated |
Old
New
True |
committees/3/committee |
Old
DEVENew
IMCO |
committees/3/committee_full |
Old
DevelopmentNew
Internal Market and Consumer Protection |
committees/3/opinion |
False
|
committees/3/rapporteur |
|
committees/6/associated |
Old
TrueNew
|
committees/6/committee |
Old
IMCONew
DEVE |
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Old
Internal Market and Consumer ProtectionNew
Development |
committees/6/opinion |
False
|
committees/6/rapporteur |
|
committees/10/committee |
Old
DEVENew
JURI |
committees/10/committee_full |
Old
DevelopmentNew
Legal Affairs |
committees/11/committee |
Old
DEVENew
ITRE |
committees/11/committee_full |
Old
DevelopmentNew
Industry, Research and Energy |
committees/14/committee |
Old
ITRENew
DEVE |
committees/14/committee_full |
Old
Industry, Research and EnergyNew
Development |
committees/15/committee |
Old
ITRENew
DEVE |
committees/15/committee_full |
Old
Industry, Research and EnergyNew
Development |
committees/17/committee |
Old
JURINew
ITRE |
committees/17/committee_full |
Old
Legal AffairsNew
Industry, Research and Energy |
docs/0/docs/1/url |
Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=124New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124 |
docs/12/date |
Old
2016-12-21T00:00:00New
2016-12-20T00:00:00 |
docs/13/date |
Old
2012-08-08T00:00:00New
2012-08-07T00:00:00 |
docs/14/date |
Old
2012-06-25T00:00:00New
2012-06-24T00:00:00 |
events/0 |
|
events/10 |
|
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|
events/15 |
|
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Old
2022-04-25T00:00:00New
2022-04-24T00:00:00 |
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Old
TrueNew
|
committees/3/committee |
Old
IMCONew
DEVE |
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Old
Internal Market and Consumer ProtectionNew
Development |
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False
|
committees/3/rapporteur |
|
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Old
New
True |
committees/6/committee |
Old
DEVENew
IMCO |
committees/6/committee_full |
Old
DevelopmentNew
Internal Market and Consumer Protection |
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False
|
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|
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Old
JURINew
DEVE |
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Old
Legal AffairsNew
Development |
committees/11/committee |
Old
JURINew
DEVE |
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Old
Legal AffairsNew
Development |
committees/12/committee |
Old
ITRENew
EMPL |
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Old
Industry, Research and EnergyNew
Employment and Social Affairs |
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Old
ITRENew
EMPL |
committees/13/committee_full |
Old
Industry, Research and EnergyNew
Employment and Social Affairs |
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Old
EMPLNew
ITRE |
committees/14/committee_full |
Old
Employment and Social AffairsNew
Industry, Research and Energy |
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Old
EMPLNew
ITRE |
committees/15/committee_full |
Old
Employment and Social AffairsNew
Industry, Research and Energy |
committees/16/committee |
Old
DEVENew
JURI |
committees/16/committee_full |
Old
DevelopmentNew
Legal Affairs |
committees/17/committee |
Old
DEVENew
JURI |
committees/17/committee_full |
Old
DevelopmentNew
Legal Affairs |
docs/0/docs/0/url |
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdfNew
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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docs/10 |
|
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|
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|
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|
docs/12 |
|
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Old
2016-12-20T00:00:00New
2016-12-21T00:00:00 |
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|
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Old
2012-08-07T00:00:00New
2012-08-08T00:00:00 |
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|
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Old
2012-06-24T00:00:00New
2012-06-25T00:00:00 |
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|
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|
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|
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|
events/14 |
|
events/15 |
|
events/15 |
|
forecasts |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
docs/0/docs/0/url |
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdfNew
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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Old
New
True |
committees/3/committee |
Old
EMPLNew
IMCO |
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Old
Employment and Social AffairsNew
Internal Market and Consumer Protection |
committees/3/opinion |
False
|
committees/3/rapporteur |
|
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Old
ITRENew
EMPL |
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Old
Industry, Research and EnergyNew
Employment and Social Affairs |
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Old
DEVENew
ITRE |
committees/5/committee_full |
Old
DevelopmentNew
Industry, Research and Energy |
committees/6/committee |
Old
JURINew
DEVE |
committees/6/committee_full |
Old
Legal AffairsNew
Development |
committees/6/opinion |
False
|
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|
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Old
TrueNew
|
committees/7/committee |
Old
IMCONew
JURI |
committees/7/committee_full |
Old
Internal Market and Consumer ProtectionNew
Legal Affairs |
committees/7/rapporteur/0 |
|
committees/7/rapporteur/0 |
|
committees/11/committee |
Old
ITRENew
JURI |
committees/11/committee_full |
Old
Industry, Research and EnergyNew
Legal Affairs |
committees/13/committee |
Old
EMPLNew
ITRE |
committees/13/committee_full |
Old
Employment and Social AffairsNew
Industry, Research and Energy |
committees/15/committee |
Old
JURINew
EMPL |
committees/15/committee_full |
Old
Legal AffairsNew
Employment and Social Affairs |
docs/0 |
|
events/0 |
|
events/0 |
|
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Old
DEVENew
EMPL |
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Old
DevelopmentNew
Employment and Social Affairs |
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Old
EMPLNew
ITRE |
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Old
Employment and Social AffairsNew
Industry, Research and Energy |
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Old
ITRENew
DEVE |
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Old
Industry, Research and EnergyNew
Development |
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Old
TrueNew
|
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Old
IMCONew
JURI |
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Old
Internal Market and Consumer ProtectionNew
Legal Affairs |
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|
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|
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Old
New
True |
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Old
JURINew
IMCO |
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Old
Legal AffairsNew
Internal Market and Consumer Protection |
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|
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|
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Old
DEVENew
JURI |
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Old
DevelopmentNew
Legal Affairs |
committees/11/committee |
Old
DEVENew
ITRE |
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Old
DevelopmentNew
Industry, Research and Energy |
committees/12/committee |
Old
EMPLNew
ITRE |
committees/12/committee_full |
Old
Employment and Social AffairsNew
Industry, Research and Energy |
committees/14/committee |
Old
ITRENew
EMPL |
committees/14/committee_full |
Old
Industry, Research and EnergyNew
Employment and Social Affairs |
committees/15/committee |
Old
ITRENew
JURI |
committees/15/committee_full |
Old
Industry, Research and EnergyNew
Legal Affairs |
committees/16/committee |
Old
JURINew
DEVE |
committees/16/committee_full |
Old
Legal AffairsNew
Development |
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Old
JURINew
DEVE |
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Old
Legal AffairsNew
Development |
docs/0 |
|
docs/9 |
|
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Old
2016-12-21T00:00:00New
2016-12-20T00:00:00 |
docs/10 |
|
docs/10 |
|
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Old
2012-08-08T00:00:00New
2012-08-07T00:00:00 |
docs/11 |
|
docs/11 |
|
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Old
2012-06-25T00:00:00New
2012-06-24T00:00:00 |
docs/12 |
|
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|
events/10 |
|
docs/0/docs/0/url |
Old
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|
forecasts |
|
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Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdfNew
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124New
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Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdfNew
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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Old
TrueNew
|
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Old
TrueNew
|
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Old
TrueNew
|
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Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=124New
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Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124New
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Old
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124 |
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Old
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=0124New
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|
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|
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|
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|
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|
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|
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Old
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|
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|
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|
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|
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|
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
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|
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|
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|
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|
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|
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Old
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Awaiting Parliament's position in 1st reading |
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|
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|
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|
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|
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|
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2012-04-25T00:00:00 |
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Old
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2014-07-22T00:00:00 |
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EP
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EP
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EP
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EP
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EP
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committees/8/rapporteur/0 |
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events/9 |
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procedure/title |
Old
Public procurement: access of third-country goods and services to the Union’s internal market and procedures supporting negotiations on access of Union goods and services to the markets of third countriesNew
International public procurement instrument |
committees/1/rapporteur/0/date |
Old
2012-04-25T00:00:00New
2014-07-22T00:00:00 |
committees/2/rapporteur/0/date |
Old
2014-07-22T00:00:00New
2012-04-25T00:00:00 |
committees/10/rapporteur |
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docs/0 |
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events/0 |
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events/6 |
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events/6 |
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events/8 |
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events/9 |
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events/10 |
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procedure/instrument/1 |
See also Directive 2004/18/EC 2000/0115(COD) See also Directive 2004/17/EC 2000/0117(COD) See also Directive ... 2011/0437(COD)
|
procedure/instrument/1 |
Repealing Articles 58 and 59 of Directive 2004/17/EC See also Directive 2004/18/EC 2000/0115(COD) See also Directive 2004/17/EC 2000/0117(COD) See also Directive ... 2011/0437(COD)
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committees/12/rapporteur/0 |
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committees/12/rapporteur/1 |
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committees/2/rapporteur/0/date |
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committees/16/rapporteur |
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events/0/docs/1/url |
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committees/0/shadows/3 |
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committees/6/rapporteur/0 |
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committees/0/rapporteur/0 |
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events/0/docs/0/url |
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committees/0/rapporteur/0 |
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committees/0/rapporteur/0 |
|
committees/0/shadows/0 |
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committees/0/shadows/0 |
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committees/0/shadows/1/mepref |
197869
|
committees/0/shadows/2 |
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committees/0/shadows/2 |
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committees/0/shadows/3 |
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committees/0/shadows/3 |
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procedure/Legislative priorities |
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committees/0/rapporteur/0/mepref |
28219
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committees/0/shadows/0/mepref |
125043
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committees/0/shadows/1/mepref |
197869
|
committees/0/shadows/2/mepref |
96739
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committees/0/shadows/3/mepref |
197467
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committees/1/rapporteur/0 |
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committees/1/rapporteur/0 |
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committees/2/rapporteur/0 |
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committees/2/rapporteur/0 |
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committees/6/rapporteur/0/mepref |
124929
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committees/8/rapporteur/0 |
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committees/8/rapporteur/0 |
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committees/9/rapporteur/0 |
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committees/9/rapporteur/0 |
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committees/12/rapporteur/0 |
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committees/12/rapporteur/0 |
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committees/12/rapporteur/0/mepref |
96826
|
committees/12/rapporteur/1 |
|
committees/12/rapporteur/1 |
|
committees/12/rapporteur/1/mepref |
96826
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committees/17/rapporteur |
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events/0/docs/0/url |
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events/0 |
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events/0 |
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events/0 |
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events/0 |
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committees/8/rapporteur/0 |
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events/0/docs/1/url |
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2014-07-22T00:00:00 |
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2012-04-25T00:00:00 |
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2014-07-22T00:00:00 |
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committees/9/rapporteur/0 |
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committees/17/rapporteur |
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2012-04-25T00:00:00 |
committees/10/rapporteur |
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events/6 |
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events/9 |
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procedure/other_consulted_institutions |
European Economic and Social Committee European Committee of the Regions
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docs/3 |
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events/3 |
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events/6 |
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events/8 |
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events/9 |
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procedure/other_consulted_institutions |
European Economic and Social Committee European Committee of the Regions
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events/0/docs/0/url |
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committees/1/rapporteur/0/date |
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committees/8/rapporteur/0 |
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events/0 |
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events/0 |
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2014-07-22T00:00:00 |
committees/2/rapporteur/0/date |
Old
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2012-04-25T00:00:00 |
committees/8/rapporteur/0 |
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committees/8/rapporteur/0 |
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|
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|
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|
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|
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False
|
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Old
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|
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|
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|
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|
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|
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The Committee on International Trade adopted the report by Daniel CASPARY (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Unions internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries. The Committee on the Internal Market and Consumer Protection, exercising its prerogatives as an association committee in accordance with Rule 50 of the Parliaments Rules of Procedure, was also consulted for an opinion on the report. The committee recommended that Parliaments position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: A sustainable industry policy strategy in the Union: the committee stressed the need to exclude unfair tenders comprising goods and/or services originating outside the Union. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured. Keep the principle of uniformity of the Common Commercial Policy (CCP): to prevent distortion of the internal market, and ensure efficient leverage through the CCP, Members stated that that Member States or their contracting authorities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in the Regulation or by relevant Union law, and only after an investigation by the Commission has revealed the absence of substantial reciprocity by the third country concerned. Scope: the Regulation shall apply to the award of contracts and to the award of concessions for services provided for governmental purposes. It is proposed to exclude from the scope of the Regulation developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as well as countries and potential GSP+ beneficiary countries. Rules of origin: the determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of "letterbox" companies. Procedure: Members wanted to ensure that the term 'calendar days' is consistently used throughout the proposal instead of 'days', 'calendar days' and 'working days'. They also shortened the length of the procedures throughout the proposal to provide faster protection, and made amendments intended to avoid an endless consultation procedure with third countries. Public contracts: in the performance of public contracts economic operators must comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions. A lack of substantial reciprocity shall be presumed, where the non-observance of international labour law provisions listed in the Directive on public procurement. Assess impact and review the instrument: the report proposes incorporating a review clause, which obliges the Commission to look into the impact of the regulation, after it has come into force and being applied for a few years. Accordingly, when the Commission submits its second report, it shall also submit a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary. For the same reason, the report suggests limiting the application of any restrictive measures taken through an implementing act to up to 5 years so as to avoid these measures turning into a permanent closure of the market. New
PURPOSE: to improve the conditions under which EU businesses gain access to the public procurement markets of third countries. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in the negotiations on a revised Government Procurement Agreement (GPA) in the context of the World Trade Organisation (WTO) and in bilateral negotiations with third countries, the EU has advocated an ambitious opening of international public procurement markets. Some EUR 352 billion of EU public procurement is open to bidders from member countries of the WTO agreement on government procurement. However, many third countries are reluctant to open their procurement markets to international competition. Currently, EU suppliers face manifold restrictive procurement practices in many of the countries that are the EUs main trading partners. The value of US procurement offered to foreign bidders is currently just EUR 178 billion and EUR 27 billion for Japan, whereas only a fraction of the Chinese public procurement market is open to foreign business. All in all, more than half of the worlds procurement market is currently closed due to protectionist measures and this share is only growing. As a result, only EUR 10 billion of EU exports (0.08% of EU GDP) currently find their way in global procurement markets, whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions. In contrast, the EU has kept its public procurement market largely open to international competition, despite growing pressure on its domestic market, in particular from emerging economies on certain key sectors (railways, construction, IT services). With the exception of some provisions limited in scope to supply and service contracts in the utilities sector, the EU has not exercised its power to regulate the access of foreign goods, services and companies to the EUs public procurement market. Given the rising importance of emerging economies, the absence of a level playing field causes many problems. This initiative aims at solving these problems (i) by strengthening the position of the European Union when negotiating access for EU companies to the public procurement markets of third countries, in order to open up our trading partners markets; (ii) clarifying, for this purpose, the rules governing access by third-country companies, goods and services to the EUs public procurement market. This initiative implements the Europe 2020 strategy and the Flagship Initiative on Integrated Industrial Policy for the Globalisation Era. It also implements the Single Market Act and the Communication on Trade, Growth and World Affairs. IMPACT ASSESSMENT: several options have been considered by the Commission:
The Commission favours the fourth option. LEGAL BASIS: Article 207 TFEU. CONTENT: the proposal establishes a comprehensive EU external public procurement policy that governs the access of foreign goods and services to the EU public procurement market and includes mechanisms to encourage the EUs trading partners to start market access discussions. The main points of the proposal are as follows: Goods and services benefiting from EU commitments: the proposal reflects in EU legislation the principle that, on the EU's internal market in procurement, goods and services benefiting from market access commitments are treated equally to EU goods and services and it extends this treatment to goods and services originating in least-developed countries. Goods and services not benefiting from market access commitments: for contracts with an estimated value equal or above EUR 5 million, the Commission may approve Contracting authorities/entities excluding tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. After informing potential tenderers, in the contract notice, of its intention to exclude such tenders, a contracting authority/entity has to notify the Commission when it receives tenders that fall into this category. The Commission would give its approval to the exclusion if there is a lack of substantial reciprocity in market opening between the EU and the country from which the goods and/or services originate. The Commission will approve the exclusion where the goods and services concerned fall within the scope of a market reservation by the EU in an international agreement. EU mechanism to increase leverage on market access: the Commission may (i) conduct investigations to verify the existence of restrictive procurement practices; (ii) invite the country concerned to enter into consultation in order to address such restrictive practices and thereby create a better market access situation for EU companies; (iii) temporarily restrict the access of goods and/or services from that country to the EU public procurement market. Such measures may in principle consist of (i) the disqualification of certain tenders made up for more than 50% of goods or services originating in the country concerned; and/or (ii) a mandatory price penalty on those goods or services tendered which originate in the country concerned. Abnormally low tenders: as a complement to the provisions on abnormally low tenders in the proposed reform of the public procurement directives, contracting authorities/entities will be required to inform the other tenderers when they intend to accept abnormally low tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. BUDGETARY IMPLICATIONS: the proposal does not have budgetary implications. The additional tasks for the Commission can be met with existing resources. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. |
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Committee referral announced in Parliament, 1st reading/single readingNew
Committee report tabled for plenary, 1st reading/single reading |
committees/0/date |
2012-09-25T00:00:00
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committees/0/rapporteur |
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committees/1/date |
2013-01-29T00:00:00
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committees/1/rapporteur |
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committees/2/date |
2012-06-21T00:00:00
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committees/2/rapporteur |
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committees/3/date |
2012-04-25T00:00:00
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committees/3/rapporteur |
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committees/3/shadows |
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committees/5/date |
2012-04-25T00:00:00
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committees/5/rapporteur |
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procedure/dossier_of_the_committee |
Old
INTA/7/09334New
INTA/8/00120 |
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting committee decision |
activities/6/docs/0 |
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activities/6/type |
Old
Decision by Parliament, 1st reading/single readingNew
Results of vote in Parliament |
activities/7 |
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activities/7 |
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activities/6/docs/0/text |
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activities/6/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0027
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activities/0/docs/1 |
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activities/0/docs/2 |
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activities/0/type |
Old
Legislative proposalNew
Legislative proposal published |
activities/5/date |
Old
2013-10-03T00:00:00New
2014-01-14T00:00:00 |
activities/5/docs/0/title |
Old
PE519.588New
Debate in Parliament |
activities/5/docs/0/type |
Old
Amendments tabled in committeeNew
Debate in Parliament |
activities/5/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.588New
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140114&type=CRE |
activities/5/type |
Old
Amendments tabled in committeeNew
Debate in Parliament |
activities/6/date |
Old
2013-08-21T00:00:00New
2014-01-15T00:00:00 |
activities/6/docs/0/title |
Old
PE516.711New
T7-0027/2014 |
activities/6/docs/0/type |
Old
Committee draft reportNew
Decision by Parliament, 1st reading/single reading |
activities/6/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.711
|
activities/6/type |
Old
Committee draft reportNew
Decision by Parliament, 1st reading/single reading |
activities/7 |
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activities/8 |
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activities/8/docs |
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activities/8/type |
Old
Vote in plenary scheduledNew
Text adopted by Parliament, partial vote at 1st reading/single reading |
activities/7/type |
Old
Debate in plenary scheduledNew
Debate in Parliament |
activities/6/docs/0/text |
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activities/6/docs |
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activities/7/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Debate in plenary scheduled |
activities/8 |
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activities/0/commission/0/Commissioner |
Old
BARNIER MichelNew
DE GUCHT Karel |
other/0/commissioner |
Old
BARNIER MichelNew
DE GUCHT Karel |
activities/6 |
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procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/0/docs/0/celexid |
CELEX:52012PC0124:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0124:EN
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activities/1/committees/1/date |
Old
2013-05-24T00:00:00New
2013-01-29T00:00:00 |
activities/5/committees/1/date |
Old
2013-05-24T00:00:00New
2013-01-29T00:00:00 |
committees/1/date |
Old
2013-05-24T00:00:00New
2013-01-29T00:00:00 |
activities/5/committees |
|
activities/5/type |
Old
Vote scheduled in committee, 1st reading/single readingNew
Vote in committee, 1st reading/single reading |
activities/6/date |
Old
2014-04-02T00:00:00New
2014-01-14T00:00:00 |
activities/5/date |
Old
2013-11-27T00:00:00New
2013-11-28T00:00:00 |
activities/5/date |
Old
2013-11-28T00:00:00New
2013-11-27T00:00:00 |
activities/6/date |
Old
2014-02-03T00:00:00New
2014-04-02T00:00:00 |
activities/5/date |
Old
2013-11-27T00:00:00New
2013-11-28T00:00:00 |
activities/4/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.588
|
procedure/subject/5 |
Old
6.20.04 Community Customs Code, tariffs, preferential arrangements, rules of originNew
6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin |
activities/4 |
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activities/4 |
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activities/4 |
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activities/3/date |
Old
2013-08-06T00:00:00New
2013-08-21T00:00:00 |
activities/3/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.711
|
activities/3 |
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procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting committee decision |
activities/1/committees/1/date |
Old
2013-01-29T00:00:00New
2013-05-24T00:00:00 |
committees/1/date |
Old
2013-01-29T00:00:00New
2013-05-24T00:00:00 |
activities/1/committees/3/shadows/0/mepref |
Old
4de188930fb8127435bdc378New
4de1862c0fb8127435bdc001 |
activities/1/committees/3/shadows/0/name |
Old
SUSTA GianlucaNew
LANGE Bernd |
committees/3/shadows/0/mepref |
Old
4de188930fb8127435bdc378New
4de1862c0fb8127435bdc001 |
committees/3/shadows/0/name |
Old
SUSTA GianlucaNew
LANGE Bernd |
activities/4/date |
Old
2013-12-10T00:00:00New
2014-02-03T00:00:00 |
activities/1/committees/3/shadows/4 |
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activities/1/committees/3/shadows/5 |
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committees/3/shadows/4 |
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committees/3/shadows/5 |
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activities/0/docs/0/text/0 |
Old
PURPOSE: to improve the conditions under which EU businesses gain access to the public procurement markets of third countries. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in the negotiations on a revised Government Procurement Agreement (GPA) in the context of the World Trade Organisation (WTO) and in bilateral negotiations with third countries, the EU has advocated an ambitious opening of international public procurement markets. Some EUR 352 billion of EU public procurement is open to bidders from member countries of the WTO agreement on government procurement. However, many third countries are reluctant to open their procurement markets to international competition. Currently, EU suppliers face manifold restrictive procurement practices in many of the countries that are the EUs main trading partners. The value of US procurement offered to foreign bidders is currently just EUR 178 billion and EUR 27 billion for Japan, whereas only a fraction of the Chinese public procurement market is open to foreign business. All in all, more than half of the worlds procurement market is currently closed due to protectionist measures and this share is only growing. As a result, only EUR 10 billion of EU exports (0.08% of EU GDP) currently find their way in global procurement markets, whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions. In contrast, the EU has kept its public procurement market largely open to international competition, despite growing pressure on its domestic market, in particular from emerging economies on certain key sectors (railways, construction, IT services). With the exception of some provisions limited in scope to supply and service contracts in the utilities sector, the EU has not exercised its power to regulate the access of foreign goods, services and companies to the EUs public procurement market. Given the rising importance of emerging economies, the absence of a level playing field causes many problems. This initiative aims at solving these problems (i) by strengthening the position of the European Union when negotiating access for EU companies to the public procurement markets of third countries, in order to open up our trading partners markets; (ii) clarifying, for this purpose, the rules governing access by third-country companies, goods and services to the EUs public procurement market. This initiative implements the Europe 2020 strategy and the Flagship Initiative on Integrated Industrial Policy for the Globalisation Era. It also implements the Single Market Act and the Communication on Trade, Growth and World Affairs. IMPACT ASSESSMENT: several options have been considered by the Commission:
The Commission favours the fourth option. LEGAL BASIS: Article 207 TFEU. CONTENT: the proposal establishes a comprehensive EU external public procurement policy that governs the access of foreign goods and services to the EU public procurement market and includes mechanisms to encourage the EUs trading partners to start market access discussions. The main points of the proposal are as follows: Goods and services benefiting from EU commitments: the proposal reflects in EU legislation the principle that, on the EU's internal market in procurement, goods and services benefiting from market access commitments are treated equally to EU goods and services and it extends this treatment to goods and services originating in least-developed countries. Goods and services not benefiting from market access commitments: for contracts with an estimated value equal or above EUR 5 million, the Commission may approve Contracting authorities/entities excluding tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. After informing potential tenderers, in the contract notice, of its intention to exclude such tenders, a contracting authority/entity has to notify the Commission when it receives tenders that fall into this category. The Commission would give its approval to the exclusion if there is a lack of substantial reciprocity in market opening between the EU and the country from which the goods and/or services originate. The Commission will approve the exclusion where the goods and services concerned fall within the scope of a market reservation by the EU in an international agreement. EU mechanism to increase leverage on market access: the Commission may (i) conduct investigations to verify the existence of restrictive procurement practices; (ii) invite the country concerned to enter into consultation in order to address such restrictive practices and thereby create a better market access situation for EU companies; (iii) temporarily restrict the access of goods and/or services from that country to the EU public procurement market. Such measures may in principle consist of (i) the disqualification of certain tenders made up for more than 50% of goods or services originating in the country concerned; and/or (ii) a mandatory price penalty on those goods or services tendered which originate in the country concerned. Abnormally low tenders: as a complement to the provisions on abnormally low tenders in the proposed reform of the public procurement directives, contracting authorities/entities will be required to inform the other tenderers when they intend to accept abnormally low tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. BUDGETARY IMPLICATIONS: the proposal does not have budgetary implications. The additional tasks for the Commission can be met with existing resources. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. New
PURPOSE: to improve the conditions under which EU businesses gain access to the public procurement markets of third countries. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in the negotiations on a revised Government Procurement Agreement (GPA) in the context of the World Trade Organisation (WTO) and in bilateral negotiations with third countries, the EU has advocated an ambitious opening of international public procurement markets. Some EUR 352 billion of EU public procurement is open to bidders from member countries of the WTO agreement on government procurement. However, many third countries are reluctant to open their procurement markets to international competition. Currently, EU suppliers face manifold restrictive procurement practices in many of the countries that are the EUs main trading partners. The value of US procurement offered to foreign bidders is currently just EUR 178 billion and EUR 27 billion for Japan, whereas only a fraction of the Chinese public procurement market is open to foreign business. All in all, more than half of the worlds procurement market is currently closed due to protectionist measures and this share is only growing. As a result, only EUR 10 billion of EU exports (0.08% of EU GDP) currently find their way in global procurement markets, whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions. In contrast, the EU has kept its public procurement market largely open to international competition, despite growing pressure on its domestic market, in particular from emerging economies on certain key sectors (railways, construction, IT services). With the exception of some provisions limited in scope to supply and service contracts in the utilities sector, the EU has not exercised its power to regulate the access of foreign goods, services and companies to the EUs public procurement market. Given the rising importance of emerging economies, the absence of a level playing field causes many problems. This initiative aims at solving these problems (i) by strengthening the position of the European Union when negotiating access for EU companies to the public procurement markets of third countries, in order to open up our trading partners markets; (ii) clarifying, for this purpose, the rules governing access by third-country companies, goods and services to the EUs public procurement market. This initiative implements the Europe 2020 strategy and the Flagship Initiative on Integrated Industrial Policy for the Globalisation Era. It also implements the Single Market Act and the Communication on Trade, Growth and World Affairs. IMPACT ASSESSMENT: several options have been considered by the Commission:
The Commission favours the fourth option. LEGAL BASIS: Article 207 TFEU. CONTENT: the proposal establishes a comprehensive EU external public procurement policy that governs the access of foreign goods and services to the EU public procurement market and includes mechanisms to encourage the EUs trading partners to start market access discussions. The main points of the proposal are as follows: Goods and services benefiting from EU commitments: the proposal reflects in EU legislation the principle that, on the EU's internal market in procurement, goods and services benefiting from market access commitments are treated equally to EU goods and services and it extends this treatment to goods and services originating in least-developed countries. Goods and services not benefiting from market access commitments: for contracts with an estimated value equal or above EUR 5 million, the Commission may approve Contracting authorities/entities excluding tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. After informing potential tenderers, in the contract notice, of its intention to exclude such tenders, a contracting authority/entity has to notify the Commission when it receives tenders that fall into this category. The Commission would give its approval to the exclusion if there is a lack of substantial reciprocity in market opening between the EU and the country from which the goods and/or services originate. The Commission will approve the exclusion where the goods and services concerned fall within the scope of a market reservation by the EU in an international agreement. EU mechanism to increase leverage on market access: the Commission may (i) conduct investigations to verify the existence of restrictive procurement practices; (ii) invite the country concerned to enter into consultation in order to address such restrictive practices and thereby create a better market access situation for EU companies; (iii) temporarily restrict the access of goods and/or services from that country to the EU public procurement market. Such measures may in principle consist of (i) the disqualification of certain tenders made up for more than 50% of goods or services originating in the country concerned; and/or (ii) a mandatory price penalty on those goods or services tendered which originate in the country concerned. Abnormally low tenders: as a complement to the provisions on abnormally low tenders in the proposed reform of the public procurement directives, contracting authorities/entities will be required to inform the other tenderers when they intend to accept abnormally low tenders where the value of non-covered goods and services exceeds 50% of the total value of goods and services included in the tender. BUDGETARY IMPLICATIONS: the proposal does not have budgetary implications. The additional tasks for the Commission can be met with existing resources. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. |
procedure/type |
Old
COD - Ordinary legislative procedure (ex-codecision)New
COD - Ordinary legislative procedure (ex-codecision procedure) |
activities/1/committees/3/shadows/3 |
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committees/3/shadows/3 |
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activities/1/committees/1/date |
2013-01-29T00:00:00
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activities/1/committees/1/rapporteur |
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committees/1/date |
2013-01-29T00:00:00
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committees/1/rapporteur |
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activities/1/committees |
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activities/1/date |
Old
2012-03-21T00:00:00New
2012-04-20T00:00:00 |
activities/1/type |
Old
EP officialisationNew
Committee referral announced in Parliament, 1st reading/single reading |
activities/2 |
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committees/3/shadows |
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activities/1/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=124New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0124/COM_COM(2012)0124_EN.pdf |
activities/5 |
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activities/1 |
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activities/1/body |
Old
EPNew
EC |
activities/1/commission |
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activities/1/date |
Old
2012-12-11T00:00:00New
2012-03-21T00:00:00 |
activities/1/docs |
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activities/1/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Legislative proposal |
activities/4 |
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activities/4 |
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activities/3 |
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activities/2/committees/2/committee_full |
Old
Internal Market and Consumer ProtectionNew
Internal Market and Consumer Protection (Associated committee) |
activities/2/committees/3/committee_full |
Old
International TradeNew
International Trade (Associated committee) |
committees/2/committee_full |
Old
Internal Market and Consumer ProtectionNew
Internal Market and Consumer Protection (Associated committee) |
committees/3/committee_full |
Old
International TradeNew
International Trade (Associated committee) |
procedure/subject/2 |
Old
6.20.01 Agreements and relations in the context of the World Trade Organisation (WTO)New
6.20.01 Agreements and relations in the context of the World Trade Organization (WTO) |
activities/2/committees/0/date |
2012-09-25T00:00:00
|
activities/2/committees/0/rapporteur |
|
committees/0/date |
2012-09-25T00:00:00
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committees/0/rapporteur |
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activities/2/committees/3/date |
2012-04-25T00:00:00
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activities/2/committees/3/rapporteur |
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committees/3/date |
2012-04-25T00:00:00
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committees/3/rapporteur |
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activities/2/committees/2/date |
2012-06-21T00:00:00
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activities/2/committees/2/rapporteur |
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committees/2/date |
2012-06-21T00:00:00
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committees/2/rapporteur |
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procedure/legal_basis |
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activities/1/docs/1/url |
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/swd/2012/0057/COM_SWD(2012)0057_EN.pdfNew
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0057:FIN:EN:PDF |
activities/1/docs/2/url |
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/swd/2012/0058/COM_SWD(2012)0058_EN.pdfNew
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0058:FIN:EN:PDF |
activities/1/docs/0/text |
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procedure/legal_basis |
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activities/2/committees/5/date |
2012-04-25T00:00:00
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activities/2/committees/5/rapporteur |
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committees/5/date |
2012-04-25T00:00:00
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committees/5/rapporteur |
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activities/1/docs/0/url |
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=124
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activities/1/docs/1 |
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activities/1/docs/2 |
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activities/2 |
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procedure/dossier_of_the_committee |
INTA/7/09334
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procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
links/European Commission |
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activities |
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committees |
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links |
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other |
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procedure |
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