13 Amendments of Richard SULÍK related to 2012/0060(COD)
Amendment 34 #
Proposal for a regulation
Recital 12 a (new)
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)
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
Recital 13
(13) The origin of a good should be determined in accordance with Article 22s 59 to 263 of Council Regulation (EECU) No 2913/1992952/2013 of the European Parliament and of the Council18, __________________ 18 Council Regulation (EECU) No 2913/1992 of 12 October 1992 establishing the Community952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 302269, 190.10.19922013, p. 1).
Amendment 39 #
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, the Commission shouldall 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.
Amendment 49 #
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission shouldall 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 50 #
Proposal for a regulation
Recital 21
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, whilst maintaining the confidentiality of trade secrets and other sensitive information, should therefore be publicly available.
Amendment 52 #
Proposal for a regulation
Recital 22
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 submitted by economic operators originating in that country and/or including goods and services originating in thatfor goods or services originating in that country, or submitted by economic operators from the third country concerned or economic actors from any other country.
Amendment 53 #
Proposal for a regulation
Recital 22 a (new)
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 56 #
Proposal for a regulation
Recital 26
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. To ensure that an, they shall send ap propriate level of action is taken and that a fair distribution of the burden among Member States is achieved, tosed list of those entities to the Commission. The Commission shall draw up a final list of contracting authorities or contracting entities, or categories of contracting authorities or contracting entities in each Member State, whose contracts the measure applies to. The Commission shouldall take the final decision, based on a list submitted by each Member Stat on the content of the list of contracting authorities or contracting entities which should apply the price adjustment measure. Where necessary, the Commission may establish a list on its own initiative.
Amendment 60 #
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 access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of Council Directive 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.(Does not affect the English version.) __________________ 20 Council 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). 21 Council 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).
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
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 70 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 71 #
Proposal for a regulation
Article 11 – paragraph 2
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.