14 Amendments of Mylène TROSZCZYNSKI related to 2012/0060(COD)
Amendment 18 #
Proposal for a regulation
Recital 1
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.
Amendment 20 #
Proposal for a regulation
Recital 1 a (new)
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
Recital 2
Amendment 22 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 25 #
Proposal for a regulation
Recital 7
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 and/or dispute settlement procedures set out in that agreement when the restrictive practices relate to procurement covered by market access commitments undertaken by the country concerned towards the Union.
Amendment 29 #
Proposal for a regulation
Recital 8
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 aresult in the loss of substantial trading opportunities lawful and are strategic, sovereign choices made by the countries concerned.
Amendment 30 #
Proposal for a regulation
Recital 9
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. These provisions have a limited scope and should be replaced. __________________ 16 Directive 2014/25/EU of the European Parliament and of the Council, of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L 94, 28.3.2014, p. 243).
Amendment 33 #
Proposal for a regulation
Recital 12
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 discriminatoryspecific procurement 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 43 #
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 or their contracting authorities and contracting entities should not be ablehave the capacity 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 Regulations considered strategic and in the best interests of the Member State.
Amendment 44 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 46 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 63 #
Proposal for a regulation
Recital 33
Recital 33
(33) 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 procurementwould be appropriate to lay down common rules on the treatment of tenders which include goods and services not covered by the international commitments of the European Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the fourth paragraph of Article 5 of the Treaty on European Union,
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restriprotective and/or discriminatoryrestrictive 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 recurrentvoluntary (temporary or lengthy) impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country. , with the aim of promoting its own undertakings in specific economic sectors or with the sovereign aim of ensuring its independence; (This amendment to the definition applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘country’ means any State or separate customs territory, without such term having implications for sovereignty;