BETA


2013/0086(NLE) Agreement on government procurement. Protocol

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA ŠŤASTNÝ Peter (icon: PPE PPE), ANDRÉS BAREA Josefa (icon: S&D S&D), KAZAK Metin (icon: ALDE ALDE), JADOT Yannick (icon: Verts/ALE Verts/ALE), MCCLARKIN Emma (icon: ECR ECR)
Committee Opinion DEVE KACZMAREK Filip (icon: PPE PPE) Judith SARGENTINI (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
TFEU 207-p3, TFEU 207-p4, TFEU 218-p6a, TFEU 218-p7

Events

2014/03/07
   Final act published in Official Journal
Details

PURPOSE: to conclude the Protocol Amending the Agreement on Government Procurement.

NON-LEGISLATIVE ACT: Council Decision 2014/115/EU on the conclusion of the Protocol Amending the Agreement on Government Procurement.

CONTENT: the Council adopted a Decision approving, on behalf of the EU, the Protocol amending the WTO Agreement on Government Procurement. The text of the Protocol is attached to this Decision.

The negotiations on the revision of the WTO Agreement on Government Procurement were launched in January 1999.

On 15 December 2011, the Parties to the 1994 GPA reached a political agreement at Ministerial level on the outcomes of the negotiations.

2013/12/03
   EP/CSL - Act adopted by Council after consultation of Parliament
2013/12/03
   EP - End of procedure in Parliament
2013/12/03
   CSL - Council Meeting
2013/11/19
   EP - Results of vote in Parliament
2013/11/19
   EP - Decision by Parliament
Details

The European Parliament adopted by 595 votes to 78, with 16 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Protocol Amending the Agreement on Government Procurement.

Parliament gave its consent to the conclusion of the Protocol.

Documents
2013/11/18
   EP - Debate in Parliament
2013/10/21
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the draft Council decision on the conclusion of the Protocol Amending the Agreement on Government Procurement in which it recommended the European Parliament to give its consent to the conclusion of the Protocol.

Documents
2013/10/14
   EP - Vote in committee
2013/09/18
   EP - Committee opinion
Documents
2013/08/22
   EP - Committee draft report
Documents
2013/07/08
   EP - KACZMAREK Filip (PPE) appointed as rapporteur in DEVE
2013/07/03
   PT_PARLIAMENT - Contribution
Documents
2013/07/01
   EP - Committee referral announced in Parliament
2013/06/18
   CSL - Legislative proposal
Details

PURPOSE: conclusion of the Protocol amending the Agreement on Government Procurement.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement on Government Procurement (GPA) is the only legally binding agreement in the WTO on the subject of government procurement. Its present version was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, and the United States.

The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.. These negotiations have been conducted by the Commission in consultation with the Special Committee of the European Union.

On 15 December 2011, GPA Parties reached a political agreement at Ministerial level on the outcomes of the negotiation. That political agreement was confirmed through the adoption by the GPA Committee on 30 March 2012 of a Decision on the outcomes of the negotiations. By means of that Decision, which includes a Protocol Amending the Agreement on Government Procurement, the Parties to the 1994 GPA authenticated the text of the Protocol and opened it for their acceptance.

The purpose of the revision was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods; (ii) to extend the coverage of the 1994 GPA; and (iii) to eliminate remaining discriminatory measures.

The Protocol should be approved on behalf of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 207(4), in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: it is proposed to conclude the Protocol amending the Agreement on Government Procurement on behalf of the European Union.

1) The revised GPA : the revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures for suppliers, supplies and services originating in GPA Parties. To that end, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives.

Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails new provisions that constitute a significant improvement of the conditions of participation of the EU suppliers abroad.

These new elements include the following:

the GPA Parties will be required to set up a centralised electronic database which is free of charge and which will include procurement notices published by Ministries and other central procurement entities; the revised GPA contains clearer rules on the selection of suppliers, allowing for more competition; the revision of the GPA also leads to the introduction of electronic procurement; the revised text includes new provisions for developing countries wishing to join the Agreement.

The EU has ensured :

that the current obligations regarding statistical reporting are more simple and flexible. This includes a limitation on the amount of data to be provided, the option of providing estimates, and the introduction of a waiver of the obligations for the Parties (like the EU) who maintain a centralised database; that the Agreement explicitly provides for a simplified procedure for the notification by a Party of rectifications and modifications of its Annexes to Appendix I (coverage).

2) The Coverage: the negotiations resulted in a significant extension of the coverage of the GPA. According WTO estimates, the additions to the coverage amount to EUR 80 billion. The EU secured roughly EUR 30 billion of additional market access opportunities for European companies. Market access has been expanded through:

the addition of more than 200 contracting entities, both on central and sub-central levels; greater coverage of goods through deletion or reduction in scope of existing derogations and through additions of goods on the non-sensitive defence procurement list; expanded coverage of services to varying degrees by almost all Parties. All Parties now offer the entire category of construction services (works); downward revision of thresholds from which the GPA discipline will be applicable (by some Parties); new coverage for contractual arrangements such as works concessions/build-operate-transfer contracts/private finance initiative; the removal of certain discriminatory provisions, such as offsets and Buy National rules that some Parties maintained under the 1994 GPA.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

Documents
2013/06/18
   CSL - Document attached to the procedure
Documents
2013/06/17
   EC - Legislative proposal published
Details

PURPOSE: conclusion of the Protocol amending the Agreement on Government Procurement.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement on Government Procurement (GPA) is the only legally binding agreement in the WTO on the subject of government procurement. Its present version was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, and the United States.

The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.. These negotiations have been conducted by the Commission in consultation with the Special Committee of the European Union.

On 15 December 2011, GPA Parties reached a political agreement at Ministerial level on the outcomes of the negotiation. That political agreement was confirmed through the adoption by the GPA Committee on 30 March 2012 of a Decision on the outcomes of the negotiations. By means of that Decision, which includes a Protocol Amending the Agreement on Government Procurement, the Parties to the 1994 GPA authenticated the text of the Protocol and opened it for their acceptance.

The purpose of the revision was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods; (ii) to extend the coverage of the 1994 GPA; and (iii) to eliminate remaining discriminatory measures.

The Protocol should be approved on behalf of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 207(4), in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: it is proposed to conclude the Protocol amending the Agreement on Government Procurement on behalf of the European Union.

1) The revised GPA : the revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures for suppliers, supplies and services originating in GPA Parties. To that end, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives.

Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails new provisions that constitute a significant improvement of the conditions of participation of the EU suppliers abroad.

These new elements include the following:

the GPA Parties will be required to set up a centralised electronic database which is free of charge and which will include procurement notices published by Ministries and other central procurement entities; the revised GPA contains clearer rules on the selection of suppliers, allowing for more competition; the revision of the GPA also leads to the introduction of electronic procurement; the revised text includes new provisions for developing countries wishing to join the Agreement.

The EU has ensured :

that the current obligations regarding statistical reporting are more simple and flexible. This includes a limitation on the amount of data to be provided, the option of providing estimates, and the introduction of a waiver of the obligations for the Parties (like the EU) who maintain a centralised database; that the Agreement explicitly provides for a simplified procedure for the notification by a Party of rectifications and modifications of its Annexes to Appendix I (coverage).

2) The Coverage: the negotiations resulted in a significant extension of the coverage of the GPA. According WTO estimates, the additions to the coverage amount to EUR 80 billion. The EU secured roughly EUR 30 billion of additional market access opportunities for European companies. Market access has been expanded through:

the addition of more than 200 contracting entities, both on central and sub-central levels; greater coverage of goods through deletion or reduction in scope of existing derogations and through additions of goods on the non-sensitive defence procurement list; expanded coverage of services to varying degrees by almost all Parties. All Parties now offer the entire category of construction services (works); downward revision of thresholds from which the GPA discipline will be applicable (by some Parties); new coverage for contractual arrangements such as works concessions/build-operate-transfer contracts/private finance initiative; the removal of certain discriminatory provisions, such as offsets and Buy National rules that some Parties maintained under the 1994 GPA.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

Documents
2013/03/22
   EP - Preparatory document
Details

PURPOSE: conclusion of the Protocol amending the Agreement on Government Procurement.

PROPOSED ACT: Council Decision (non-legislative act).

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement on Government Procurement (GPA) is the only legally binding agreement in the WTO on the subject of government procurement. Its present version was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, and the United States.

The negotiations on the revision of the WTO Agreement on Government Procurement were launched in January 1999. The purpose of the negotiations was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods; (ii) to extend the coverage of the 1994 GPA; and (iii) to eliminate remaining discriminatory measures.

On 15 December 2011, GPA Parties reached a political agreement at Ministerial level on the outcomes of the negotiation. The political agreement was confirmed through the adoption of the Decision on the outcomes of the negotiations by the GPA Committee on 30 March 2012. By means of the Decision on the outcome of the Negotiations, which includes the Protocol Amending the Agreement on Government Procurement, GPA Parties authenticated the text of the Protocol and opened it for acceptance by the Parties to the 1994 GPA.

The Protocol should be concluded on behalf of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union.

CONTENT: the Commission proposes that the Council conclude the Protocol amending the Agreement on Government Procurement on behalf of the European Union.

1) The revised GPA : the revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures for suppliers, supplies and services originating in GPA Parties. To that end, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives.

Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails new provisions that constitute a significant improvement of the conditions of participation of the EU suppliers abroad.

These new elements include the following:

the GPA Parties will be required to set up a centralised electronic database which is free of charge and which will include procurement notices published by Ministries and other central procurement entities; the revised GPA contains clearer rules on the selection of suppliers, allowing for more competition; the revision of the GPA also leads to the introduction of electronic procurement ; the revised text includes new provisions for developing countries wishing to join the Agreement.

The EU has ensured :

that the current obligations regarding statistical reporting are more simple and flexible. This includes a limitation on the amount of data to be provided, the option of providing estimates, and the introduction of a waiver of the obligations for the Parties (like the EU) who maintain a centralised database; that the Agreement explicitly provides for a simplified procedure for the notification by a Party of rectifications and modifications of its Annexes to Appendix I (coverage).

2) The Coverage: the negotiations resulted in a significant extension of the coverage of the GPA. According WTO estimates, the additions to the coverage amount to EUR 80 billion. The EU secured roughly EUR 30 billion of additional market access opportunities for European companies. Market access has been expanded through:

the addition of more than 200 contracting entities, both on central and sub-central levels; greater coverage of goods through deletion or reduction in scope of existing derogations and through additions of goods on the non-sensitive defence procurement list; expanded coverage of services to varying degrees by almost all Parties. All Parties now offer the entire category of construction services (works); downwards revision of thresholds from which the GPA discipline will be applicable (by some Parties); new coverage for contractual arrangements such as works concessions/build-operate-transfer contracts/private finance initiative; the removal of certain discriminatory provisions, such as offsets and Buy National rules that some Parties maintained under the 1994 GPA.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

Documents

Votes

A7-0339/2013 - Helmut Scholz - Vote unique #

2013/11/19 Outcome: +: 595, -: 78, 0: 16
DE IT PL ES GB RO FR CZ BG HU PT SK BE EL HR LT IE DK NL SE FI SI EE MT LU AT LV CY
Total
92
64
49
52
67
29
68
18
17
19
20
12
18
19
12
11
12
9
20
18
12
7
6
5
6
16
6
4
icon: PPE PPE
248

Czechia PPE

2

Belgium PPE

3

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Malta PPE

2

Luxembourg PPE

3

Cyprus PPE

1
icon: S&D S&D
174

Ireland S&D

2

Netherlands S&D

2

Finland S&D

For (1)

1

Slovenia S&D

2

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1

Cyprus S&D

1
icon: ALDE ALDE
76

Slovakia ALDE

For (1)

1

Greece ALDE

1

Lithuania ALDE

1

Ireland ALDE

Abstain (1)

4

Denmark ALDE

2

Slovenia ALDE

2

Luxembourg ALDE

For (1)

1

Austria ALDE

1
icon: ECR ECR
52

Hungary ECR

For (1)

1

Belgium ECR

For (1)

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Netherlands ECR

For (1)

1

Latvia ECR

For (1)

1
icon: EFD EFD
28

France EFD

Against (1)

1

Bulgaria EFD

For (1)

1

Slovakia EFD

For (1)

1

Belgium EFD

For (1)

1

Greece EFD

2

Lithuania EFD

2

Denmark EFD

1

Netherlands EFD

For (1)

1

Finland EFD

For (1)

1
icon: GUE/NGL GUE/NGL
30

Spain GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Portugal GUE/NGL

4

Greece GUE/NGL

Abstain (1)

3

Croatia GUE/NGL

1

Ireland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1

Latvia GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: NI NI
27

Italy NI

2

Spain NI

1
2

Bulgaria NI

1

Hungary NI

For (1)

Against (1)

2

Belgium NI

For (1)

1

Ireland NI

For (1)

1
icon: Verts/ALE Verts/ALE
53

United Kingdom Verts/ALE

5

Portugal Verts/ALE

Against (1)

1

Belgium Verts/ALE

4

Greece Verts/ALE

Against (1)

1

Denmark Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Finland Verts/ALE

Against (2)

2

Estonia Verts/ALE

Abstain (1)

1

Luxembourg Verts/ALE

Against (1)

1

Austria Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1
AmendmentsDossier
1 2013/0086(NLE)
2013/08/30 DEVE 1 amendments...
source: PE-516.882

History

(these mark the time of scraping, not the official date of the change)

docs/0
date
2013-06-18T00:00:00
docs
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committees/0/rapporteur
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committees/0
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INTA
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procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
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activities
  • date: 2013-03-22T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=143 title: COM(2013)0143 type: Initial legislative proposal published celexid: CELEX:52013PC0143:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel type: Initial legislative proposal published
  • date: 2013-06-18T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=7917%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 07917/2013 body: EC commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel type: Legislative proposal published
  • date: 2013-07-01T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • date: 2013-10-14T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-339&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0339/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut date: 2013-10-21T00:00:00
  • date: 2013-11-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131118&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23590&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0466 type: Decision by Parliament, 1st reading/single reading title: T7-0466/2013 body: EP type: Results of vote in Parliament
  • date: 2013-12-03T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3276
  • date: 2013-12-03T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2013-12-03T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2014-03-07T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0115 title: Decision 2014/115 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:068:TOC title: OJ L 068 07.03.2014, p. 0001
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council
  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3276 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3276*&MEET_DATE=03/12/2013 date: 2013-12-03T00:00:00
docs
  • date: 2013-06-18T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=7918%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 07918/2013 type: Document attached to the procedure body: CSL
  • date: 2013-08-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE514.831 title: PE514.831 type: Committee draft report body: EP
  • date: 2013-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.716&secondRef=02 title: PE516.716 committee: DEVE type: Committee opinion body: EP
  • date: 2013-07-04T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0143 title: COM(2013)0143 type: Contribution body: PT_PARLIAMENT
events
  • date: 2013-03-22T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0143/COM_COM(2013)0143_EN.doc title: COM(2013)0143 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=143 title: EUR-Lex summary: PURPOSE: conclusion of the Protocol amending the Agreement on Government Procurement. PROPOSED ACT: Council Decision (non-legislative act). ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Agreement on Government Procurement (GPA) is the only legally binding agreement in the WTO on the subject of government procurement. Its present version was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, and the United States. The negotiations on the revision of the WTO Agreement on Government Procurement were launched in January 1999. The purpose of the negotiations was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods; (ii) to extend the coverage of the 1994 GPA; and (iii) to eliminate remaining discriminatory measures. On 15 December 2011, GPA Parties reached a political agreement at Ministerial level on the outcomes of the negotiation. The political agreement was confirmed through the adoption of the Decision on the outcomes of the negotiations by the GPA Committee on 30 March 2012. By means of the Decision on the outcome of the Negotiations, which includes the Protocol Amending the Agreement on Government Procurement, GPA Parties authenticated the text of the Protocol and opened it for acceptance by the Parties to the 1994 GPA. The Protocol should be concluded on behalf of the Union. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union. CONTENT: the Commission proposes that the Council conclude the Protocol amending the Agreement on Government Procurement on behalf of the European Union. 1) The revised GPA : the revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures for suppliers, supplies and services originating in GPA Parties. To that end, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives. Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails new provisions that constitute a significant improvement of the conditions of participation of the EU suppliers abroad. These new elements include the following: the GPA Parties will be required to set up a centralised electronic database which is free of charge and which will include procurement notices published by Ministries and other central procurement entities; the revised GPA contains clearer rules on the selection of suppliers, allowing for more competition; the revision of the GPA also leads to the introduction of electronic procurement ; the revised text includes new provisions for developing countries wishing to join the Agreement. The EU has ensured : that the current obligations regarding statistical reporting are more simple and flexible. This includes a limitation on the amount of data to be provided, the option of providing estimates, and the introduction of a waiver of the obligations for the Parties (like the EU) who maintain a centralised database; that the Agreement explicitly provides for a simplified procedure for the notification by a Party of rectifications and modifications of its Annexes to Appendix I (coverage). 2) The Coverage: the negotiations resulted in a significant extension of the coverage of the GPA. According WTO estimates, the additions to the coverage amount to EUR 80 billion. The EU secured roughly EUR 30 billion of additional market access opportunities for European companies. Market access has been expanded through: the addition of more than 200 contracting entities, both on central and sub-central levels; greater coverage of goods through deletion or reduction in scope of existing derogations and through additions of goods on the non-sensitive defence procurement list; expanded coverage of services to varying degrees by almost all Parties. All Parties now offer the entire category of construction services (works); downwards revision of thresholds from which the GPA discipline will be applicable (by some Parties); new coverage for contractual arrangements such as works concessions/build-operate-transfer contracts/private finance initiative; the removal of certain discriminatory provisions, such as offsets and Buy National rules that some Parties maintained under the 1994 GPA. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
  • date: 2013-06-18T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=7917%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 07917/2013 summary: PURPOSE: conclusion of the Protocol amending the Agreement on Government Procurement. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Agreement on Government Procurement (GPA) is the only legally binding agreement in the WTO on the subject of government procurement. Its present version was negotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, and the United States. The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.. These negotiations have been conducted by the Commission in consultation with the Special Committee of the European Union. On 15 December 2011, GPA Parties reached a political agreement at Ministerial level on the outcomes of the negotiation. That political agreement was confirmed through the adoption by the GPA Committee on 30 March 2012 of a Decision on the outcomes of the negotiations. By means of that Decision, which includes a Protocol Amending the Agreement on Government Procurement, the Parties to the 1994 GPA authenticated the text of the Protocol and opened it for their acceptance. The purpose of the revision was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods; (ii) to extend the coverage of the 1994 GPA; and (iii) to eliminate remaining discriminatory measures. The Protocol should be approved on behalf of the Union. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 207(4), in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: it is proposed to conclude the Protocol amending the Agreement on Government Procurement on behalf of the European Union. 1) The revised GPA : the revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures for suppliers, supplies and services originating in GPA Parties. To that end, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives. Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails new provisions that constitute a significant improvement of the conditions of participation of the EU suppliers abroad. These new elements include the following: the GPA Parties will be required to set up a centralised electronic database which is free of charge and which will include procurement notices published by Ministries and other central procurement entities; the revised GPA contains clearer rules on the selection of suppliers, allowing for more competition; the revision of the GPA also leads to the introduction of electronic procurement; the revised text includes new provisions for developing countries wishing to join the Agreement. The EU has ensured : that the current obligations regarding statistical reporting are more simple and flexible. This includes a limitation on the amount of data to be provided, the option of providing estimates, and the introduction of a waiver of the obligations for the Parties (like the EU) who maintain a centralised database; that the Agreement explicitly provides for a simplified procedure for the notification by a Party of rectifications and modifications of its Annexes to Appendix I (coverage). 2) The Coverage: the negotiations resulted in a significant extension of the coverage of the GPA. According WTO estimates, the additions to the coverage amount to EUR 80 billion. The EU secured roughly EUR 30 billion of additional market access opportunities for European companies. Market access has been expanded through: the addition of more than 200 contracting entities, both on central and sub-central levels; greater coverage of goods through deletion or reduction in scope of existing derogations and through additions of goods on the non-sensitive defence procurement list; expanded coverage of services to varying degrees by almost all Parties. All Parties now offer the entire category of construction services (works); downward revision of thresholds from which the GPA discipline will be applicable (by some Parties); new coverage for contractual arrangements such as works concessions/build-operate-transfer contracts/private finance initiative; the removal of certain discriminatory provisions, such as offsets and Buy National rules that some Parties maintained under the 1994 GPA. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
  • date: 2013-07-01T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-10-14T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-10-21T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-339&language=EN title: A7-0339/2013 summary: The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the draft Council decision on the conclusion of the Protocol Amending the Agreement on Government Procurement in which it recommended the European Parliament to give its consent to the conclusion of the Protocol.
  • date: 2013-11-18T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131118&type=CRE title: Debate in Parliament
  • date: 2013-11-19T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23590&l=en title: Results of vote in Parliament
  • date: 2013-11-19T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0466 title: T7-0466/2013 summary: The European Parliament adopted by 595 votes to 78, with 16 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Protocol Amending the Agreement on Government Procurement. Parliament gave its consent to the conclusion of the Protocol.
  • date: 2013-12-03T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2013-12-03T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-03-07T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude the Protocol Amending the Agreement on Government Procurement. NON-LEGISLATIVE ACT: Council Decision 2014/115/EU on the conclusion of the Protocol Amending the Agreement on Government Procurement. CONTENT: the Council adopted a Decision approving, on behalf of the EU, the Protocol amending the WTO Agreement on Government Procurement. The text of the Protocol is attached to this Decision. The negotiations on the revision of the WTO Agreement on Government Procurement were launched in January 1999. On 15 December 2011, the Parties to the 1994 GPA reached a political agreement at Ministerial level on the outcomes of the negotiations. docs: title: Decision 2014/115 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0115 title: OJ L 068 07.03.2014, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:068:TOC
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  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
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Multilateral and plurilateral economic and trade agreements and relations
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Agreement on Government Procurement. Protocol
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Agreement on government procurement. Protocol
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  • date: 2013-03-22T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=143 title: COM(2013)0143 type: Initial legislative proposal published celexid: CELEX:52013PC0143:EN body: EC type: Initial legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
  • date: 2013-06-18T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=7917%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 07917/2013 body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
  • date: 2013-07-01T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • date: 2013-10-14T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-339&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0339/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut date: 2013-10-21T00:00:00
  • date: 2013-11-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131118&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23590&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-0466 type: Decision by Parliament, 1st reading/single reading title: T7-0466/2013 body: EP type: Results of vote in Parliament
  • date: 2013-12-03T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3276
  • date: 2013-12-03T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2013-12-03T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2014-03-07T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0115 title: Decision 2014/115 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:068:TOC title: OJ L 068 07.03.2014, p. 0001
committees
  • body: EP responsible: False committee: DEVE date: 2013-07-08T00:00:00 committee_full: Development rapporteur: group: PPE name: KACZMAREK Filip
  • body: EP shadows: group: PPE name: ŠŤASTNÝ Peter group: S&D name: ANDRÉS BAREA Josefa group: ALDE name: KAZAK Metin group: Verts/ALE name: JADOT Yannick group: ECR name: MCCLARKIN Emma responsible: True committee: INTA date: 2013-04-24T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
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6.20.01 Agreements and relations in the context of the World Trade Organization (WTO)