29 Amendments of Maximilian KRAH related to 2012/0060(COD)
Amendment 109 #
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO 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. It is important to strengthen the concept of consistent economic activity, which has already been identified and legitimised by the WTO as a criterion for selecting companies eligible for public tender. This concept may and should be supplemented by criteria relating to the date of establishment, place of recruitment, percentage of local turnover and contribution to local and national society, in particular through taxes and contributions paid; It is also crucial to develop an indicator based on the national, territorial and environmental responsibility of the company, or to outline a new and more relevant method of assessment than an indicator based on social and environmental responsibility;
Amendment 113 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) To achieve greater strategic autonomy, when third countries are neither Party to the WTO Agreement on Public Procurement nor part of a bilateral agreement with the European Union in this area of competence, the European Union may prevent companies from those countries from submitting tenders for any EU public procurement contract.
Amendment 116 #
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, and calls on the Commission to assist European companies in advising on legal issues in the target country so public projects led there can be flexibly adapted to local regulations.
Amendment 119 #
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 result in the loss of substantial trading opportunities; considers that, by introducing ever-tighter regulations, in particular in environmental legislation, the EU continuously hampers the competitiveness of European companies on the global market.
Amendment 131 #
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 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. In accordance with the principle of reciprocity in international matters, when third countries deny access to our companies, their companies should be denied access to our European public procurement market.
Amendment 132 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In cases where foreign operations are deemed to be aggressive, or at the request of a Member State where the case in question affects a national strategic sector, a review clause based on the legitimacy of EU citizens and the Member States should be provided by the European Parliament to enable it, when a two-thirds majority is in favour of such a move, to urgently introduce a clause.
Amendment 133 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Given that, under EU law, the EU’s international commitments place actors from third countries which are signatories on an equal footing, the European Parliament should be able to call on the Council to decide by a two- thirds majority to suspend or limit the award of public procurement contracts to countries that disregard the principle of reciprocity. The European Commission may call for coercive measures and, at the same time, offer an effective monitoring and surveillance tool.
Amendment 134 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is important to step up the EU’s objectives, stop being naive and be more realistic. It is also vital to steer away from free trade towards ‘proper’ trade, which will, by means of clear priorities and sustained reasoning, reduce unfair competition . Major economic powers waging a war on EU companies competing with their own, including through the application of their extraterritorial law, must be kept away from our single market. 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 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 135 #
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 discriminatory 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; calls, in cases where a company from a third country is awarded a public tender, for the cooperation model to be used, requiring 50% of the capital to go towards services, personnel and materials in the EU, thereby also supporting European companies.
Amendment 149 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State. National public authorities have the right to include criteria that give preference to independent businesses run by craftsmen or small traders, or family-run SMEs or ETIs in their calls for tender.
Amendment 152 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) It is important to encourage each Member State to take measures restricting access to its markets that are not covered. In this regard, they should be called upon to develop a legitimate criterion for public tenders to better defend the integrity of a local area and local commercial networks. The local supply should determine whether and to what extent access to a market may be opened or restricted. Companies from third countries that do not meet the same level of social and environmental standards should not be granted access to the internal market of the European Union or its Member States.
Amendment 155 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) National public authorities have the right, in their calls for tender, to include criteria that give preference to companies that prioritise quality over quantity by applying, for example, the highest health, gastronomic, local and social standards.
Amendment 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of theis fact that the access of th, theird country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member Statacting authorities and their contracting authorentities cand contracting entities should not be able to, in the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationto ensure that foreign economic operators comply with environmental, social and labour law or any applicable national law.
Amendment 166 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should ensure that a general monitoring tool is set up to look out for unusually low prices in responses to tenders and, where necessary, a one-off or general exclusion tool at the request of the contracting entities. These instruments could be seen as tools for EU economic diplomacy services. 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 investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council.
Amendment 179 #
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 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. To encourage the country concerned to engage promptly and actively in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce some measures set out in this Regulation on a temporary basis, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators originating in that country and/or which deal with goods and services originating in that country.
Amendment 192 #
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 measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country and prolong the measures introduced at the start of the consultation procedure and, where necessary, to adopt additional measures contained in this Regulation.
Amendment 204 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 219 #
Proposal for a regulation
Recital 26
Recital 26
(26) 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 appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiativcan and should offer a monitoring and surveillance tool based on the proposals submitted by each Member State.
Amendment 224 #
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, at the same time, remain aware of the need to protect the long-term economic and social interests of the Member States and European people and consumers. 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 245 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustment measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, and measures to exclude access to EU public procurement markets, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 362 #
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 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 concluded within a period of eightsix months after the initiation of the investigation. In duly justified cases, this period may be extended by fourthree months.
Amendment 384 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 15 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose or extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts or to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 389 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 394 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where it emerges, in the course of an investigation under Article 6 and after following the procedure set out in Article 7, that restrictive public procurement measures adopted or maintained by that third country lead to a substantial lack of reciprocity regarding market access between the Union and that third country, the Commission may adopt implementing acts in order to extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts and/or adopt price adjustment measures. 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.
Amendment 401 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 407 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price adjustment measure shall specify the penalty of up to 225-40% to be calculated on the price of the tenders concerned, taking into account any State aid or other subsidies granted to the economic operator. It shall also specify any restrictions to the scope of application of the measure, such as those related to: (a) public procurement of specific categories of contracting authorities or contracting entities; (b) public procurement of specific categories of goods or services or tenders submitted by specific categories of economic operators; (c) public procurement contracts above or withinbelow certain thresholds; (d) tenders submitted for specific categories of concessions; (e) the territories of certain subcentral levels of government.
Amendment 461 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustment measure is applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers. Should the European Union open 60% of its public procurement market to a third country, it may impose legal measures to close the remaining 40% of its market to companies from that country without interfering with international rules.
Amendment 463 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Blackmailing with the threat of technology transfer in strategic national sectors to enable third countries to gain access to the market should be banned outright.
Amendment 464 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 b (new)
Article 11 – paragraph 4 – subparagraph 1 b (new)
Access to public procurement shall be blocked when a sector is under strain, when necessary for the creation of local jobs in the EU or at the request of a Member State for itself.