Activities of Dita CHARANZOVÁ related to 2012/0060(COD)
Shadow opinions (1)
OPINION 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
Amendments (66)
Amendment 15 #
Proposal for a regulation
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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 40 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States 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 58 #
Proposal for a regulation
Recital 27
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 61 #
Proposal for a regulation
Recital 29
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 . In the same purpose, all the European Institutions should take into account the changes effected by this Regulation and adjust their own procurement rules accordingly 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 69 #
Proposal for a regulation
Article 9 – paragraph 1
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 74 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the country concerned do not lead to sufficient corrective action(s) that result in 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 measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country.under this Regulation, IPI measures in the form of a score adjustment or of the exclusion of tenders
Amendment 78 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) IPI measures are uniformly applied in the EU by contracting authorities and contracting entities. To take into account the diversity of administrative capacity of contracting authorities and contracting entities, Member States may request the exemption from IPI measures for a limited list of subcentral contracting authorities and contracting entities under certain strict requirements. Such exemption may also refer to procurement procedures that those contracting authorities and contracting entities may carry out under framework agreements or dynamic purchasing systems
Amendment 80 #
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustment measuresIPI measures under this Regulation 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.
Amendment 85 #
Proposal for a regulation
Recital 27
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 to safeguard the public interest. In exceptional situations, contracting authorities and contracting entities should be able not to apply price adjustmentIPI 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 essentialensure public needssafety, for example in the fields of health and public safetya public health emergency or natural disaster, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract. The application of these exceptions should require the approval of the Commission.
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents; in cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer;
Amendment 122 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 129 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entiternational market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions require, inter alia, the equal treatment of economic operators from those countries. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from countries that are not parties to the plurilateral WTO Agreement on Government Procurement or to bilateral or multilateral trade agreements with the Union that include commitments on access to procurement and concessions markets, or from countries that are parties, the international market access commitments undertaken by the Union towardso such agreements but only regarding procurement procedures for goods, services or concessions that are not covered by those agreements. Irrespective of the application of measures adopted under this Regulation, and in accordance with the Communication from the Commission of 24 July 2019 on ‘Guidance on the participation of third- countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thy bidders and goods in the EU procurement market’ and with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, economic operators from third countries which do not have any agreement providing for the opening of the Union’s procurement market or whose goods, services and works are not covered by ensuring effective application thereof. such an agreement, do not have secured access to procurement procedures in the Union and could be excluded.
Amendment 141 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 1 – point 1 (new)
Article 9 – paragraph 1 – point 1 (new)
(1) Upon a duly justified request by a Member State the Commission may adopt, with a view to a fair distribution of the award procedures subject to IPI measures among Member States, a list of sub- central contracting authorities or contracting entities in that Member State that are exempted from the application of this Regulation.
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2 (new)
Article 9 – paragraph 1 – point 2 (new)
(2) In its request, the Member State shall provide detailed information on the justification for the request for exemption and the value of the contracts above thresholds set in Article 5.3 of this Regulation, awarded by all listed contracting authorities or contracting entities over the past 3 years from the 31st December preceding the request for exemption. An exemption may only be granted if the value of contracts above thresholds set in Article 5.3 of this Regulation, awarded by the contracting authorities or contracting entities not to be exempted exceeds 75% of the total value of above thresholds contracts falling under the scope of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU awarded in the requesting Member State in the same 3-year period.
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3 (new)
Article 9 – paragraph 1 – point 3 (new)
(3) The exemption shall be limited to what is strictly necessary and proportionate.
Amendment 146 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1 – point 4 (new)
Article 9 – paragraph 1 – point 4 (new)
(4) The Commission informs Members States before adopting an exemption list. The exemption list, published in the Official Journal of the European Union, is adopted for a period of three years and can be revised or renewed every three years upon duly justified request by the Member State concerned
Amendment 159 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country that 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 on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
Amendment 161 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may on an exceptional basis decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
Amendment 162 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 164 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) this is justified for overriding reasons in the interest of public safety;
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) without prejudice to Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, based on predetermined objective criteria the application of the measure would lead to a disproportionate increase in the price or costs of the contract. that would demonstrably render its execution economically unviable.
Amendment 174 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to apply a price adjustmentn IPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than tenhirty calendar days after the publicationbefore the award of thea contract notice.
Amendment 177 #
Proposal for a regulation
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
(d) the ground on which the decision not to apply the price adjustmentIPI measure is based, and a detailed justification for the use of the exception;
Amendment 178 #
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) Given the overall policy objective of the Union to support the economic growth of least developed countries (LDCs) and their integration into global value chains, it would not be in the Union’s interest to start an investigation against such countries under this Regulation, unless there are reasonable indications of circumvention of any adopted IPI measures. Consequently, this Regulation is not intended to apply to LDCs benefitting from the "Everything But Arms" arrangement as defined in Regulation (EU) No 978/2012.
Amendment 179 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where reference is made to this the competent committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph, of Article 45(4) of Regulation (EU) No 182/2011 shall apply and the competent committee shall be the Committee established by Council Decision 71/306/EEC.
Amendment 181 #
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmedWhen conducting the investigation, the Commission should invite the third country concerned to enter into consultations with a view to eliminating and remedying any restrictive measures or practices and effectively improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement and concession markets in that country.
Amendment 183 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 187 #
Proposal for a regulation
Recital 22
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the third country concerned do not lead to sufficient satisfactory corrective action(s) that effectively result in improvements to the tendering opportunities for Union economic operators, goods and services within a reasonableshort timeframe, or the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/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 inexcluding goods and services originating in that countrysion of tenders.
Amendment 195 #
Proposal for a regulation
Recital 23
Recital 23
(23) SuchA score adjustment measures should be applied only for the purpose of the evaluation of tenders comprising goods or servicesubmitted by economic operators originating in the country concerned. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link withIt should not affect the price actually due to be paid under the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respondtract to be concluded with the successful tenderer.
Amendment 198 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In light of the overall policy objective of the Union to support small and medium-sized enterprises (SMEs), the Commission and contracting authorities and contracting entities should duly consider the effects under this Regulation, with a view to limiting the administrative burden for SMEs. The Commission in cooperation with the Member States should make available guidelines for best practices for SMEs, in order to ensure the efficiency of this Regulation and the consistency of its implementation.
Amendment 201 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) To avoid possible circumvention of an IPI measure, additional contractual obligations should be imposed and its implementation monitored after the award of the contract. Those obligations should only apply in case of procurement procedures to which an IPI measure is applicable, as well as to contracts awarded based on a framework agreement where such contracts are equal to or above a certain threshold and when that framework agreement was subject to an IPI measure.
Amendment 211 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 216 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 222 #
Proposal for a regulation
Recital 27
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, on an exceptional basis, to not apply IPI measures limiting access of non- covered goods and services in casef there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity or where such action relates to safeguarding essential public needs, for examplepolicy needs in the fields of health and public safeecurity, or where tpublic health. The application of the measure would lead to a disproportionate increase in the price or costs of the contractse exceptions should require the prior approval of the Commission before awarding any contract. The contracting authorities and contracting entities should consult with the Commission in a timely and comprehensive manner when they intend to submit a request for an exception, as well as to allow for appropriate monitoring of the implementation of this Regulation.
Amendment 227 #
Proposal for a regulation
Recital 28
Recital 28
(28) In case of misapplication by contracting authorities or contracting entities of exceptions to price adjustment measures limiting acIPI measures, which negatively affects the chancess of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 ofeconomic operators having a right to participate in the procurement procedure, Council Directives 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustment measures limiting access of non-covered goods and services should be ineffective. _________________ 20Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 21Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14) and 92/13/EEC should be applicable. The affected economic operator may therefore initiate a review procedure according to the national law implementing these Directives, if, for example, a competing economic operator should have been excluded or a bid should have been ranked lower due to the application of an IPI measure. The Commission should also be able to apply the corrective mechanism according to Article 3 of Council Directive 89/665/EEC7 or Article 8 of Council Directive 92/13/EEC8.
Amendment 237 #
Proposal for a regulation
Recital 32
Recital 32
(32) Regular reporting by the Commission should make it possible to monitor the application and efficiency of the procedures established by this RegulationIn line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and with the view, among others, to ease administrative burdens, in particular on Member States, the Commission should review the scope, functioning and efficiency of this Regulation. Such review will address, inter alia, the effectiveness of the IPI measures, the thresholds, the additional contractual obligations, as well as the use of exceptions. The Commission should report on its assessment to the European Parliament and the Council. The review may be followed up by appropriate legislative proposals.
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents. In cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer;
Amendment 334 #
Proposal for a regulation
Article 4
Article 4
Amendment 340 #
Proposal for a regulation
Article 5
Article 5
Amendment 343 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Investigations, consultations and price adjustment measureadditional contractual obligations
Amendment 349 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Investigations and consultations
Amendment 354 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Upon publication of the notice, the Commission shall invite the third country concerned to submit its views, provide information and enter into consultations with the Commission in order to remove the alleged third-country measure or practice. The Commission shall regularly inform Member States within the Committee established by Article 7 of Regulation (EU) 2015/1843 of the European Parliament and of the Council1a (“Trade Barriers Regulation”) and the European Parliament. _________________ 1aRegulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 272, 16.10.2015, p. 1).
Amendment 356 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 361 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopinvestigation and consultations shall be concluded within a period of six months after the dated 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 concluded within a period of eight months after the initiation of the investigation. In duly justified cases, this period may be extended by four monthsf the publication in the Official Journal of the initiation notice. In duly justified cases, the Commission may, before the end of the initial six months, extend that period by three months, by publishing a notice in the Official Journal of the European Union and informing the third country, EU interested parties, Member States and the European Parliament.
Amendment 363 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Upon conclusion of the investigation and consultations, the Commission shall make publicly available a report recording the main findings of the investigation and a proposed course of action. If the Commission decides to apply an IPI measure, it will specify whether it proposes to impose a score adjustment measure or exclusion.
Amendment 366 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. WhereIf the Commission concludes as a result of, following its investigation, that the alleged restrictive and/or discriminatory procurementthird-country measures or practices are is not maintained or that ithey does not result in restrictions toa serious and recurrent impairment of access byof Union economic operators or Union goods andor services to the public procurement or concession markets of the third country concerned, the Commission shall terminate the investigation. , and publish a notice of termination in the Official Journal of the European Union.
Amendment 372 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission may suspend the investigation and consultations at any time if the third country: (a) takes corrective measures that effectively improve the access of Union economic operators or Union goods or services, or (b) undertakes commitments towards the Union to eliminate or phase out the third country measure or practice within a reasonable period of time and no later than three months. The Commission shall resume the investigation and consultations if it concludes that the reasons for the suspension are no longer valid in accordance with this Article. The Commission shall publish a notice in the Official Journal of the European Union in case of suspension or resumption of the investigation and consultations.
Amendment 377 #
Proposal for a regulation
Article 7
Article 7
Amendment 386 #
Proposal for a regulation
Article 8
Article 8
Amendment 432 #
Proposal for a regulation
Article 9
Article 9
Authorities or entities concerned 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. 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.rticle 9 deleted
Amendment 442 #
Proposal for a regulation
Article 10
Article 10
Amendment 451 #
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may decide no, on an exceptional basis, decide to submit a request to not apply the price adjustmentan IPI measure with respect to a procurement or a concession procedure if:
Amendment 473 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) there are no Union and/or covered goods or services available which meet the requirements ofonly tenders from economic operators originating in the countracting authorityy subject to an IPI measure, or contracting entityly such tenders meet the tender requirements; or
Amendment 481 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 487 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends nodecides to submit a request to not apply a price adjustmentn IPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract noticrequest the Commission, no later than thirty days before the award of the contract. The Commission may approve an exception if it fulfils the requirements in paragraph 1. The Commission shall ensure that exceptions are implemented in a uniform manner. The Commission shall reject a request for an exception to apply an IPI measure if the request does not fulfil the requirements in paragraph 1. If the Commission intends to reject a request for an exception to apply an IPI measure, it shall notify the contracting authority or contracting entity within the aforementioned time.
Amendment 491 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Any contracting authority or contracting entity seeking to invoke an exception set out in paragraph 1 shall require the approval by the Commission before the award of the contract.
Amendment 494 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The notificationrequest for an exception by a contracting authority or contracting authority shall contain the following information:
Amendment 522 #
Proposal for a regulation
Article 15
Article 15
Amendment 525 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 526 #
Proposal for a regulation
Article 17
Article 17
Amendment of Directive 2014/25/EU Articles 85 and 86 of Directive 2014/25/EU shall be deleted with effect from the entry into force of this Regulation.rticle 17 deleted
Amendment 532 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Review No later than three years after the date of entry into force of this Regulation and every three years thereafter, the Commission shall review the scope, functioning and efficiency of this Regulation, and shall report its findings to the European Parliament and the Council.