46 Amendments of Marie-Pierre VEDRENNE related to 2012/0060(COD)
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 146 #
Proposal for a regulation
Recital 16
Recital 16
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 162 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 170 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be ablat any time, on its own initiative or, at the application of EU interested parties or a Member State, to initiate at any timor at the request of the European Parliament, initiate 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 654/2014The Committee on International Trade can initiate and approve such a request on behalf of the European Parliament and of the Council .
Amendment 175 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) When determining whether the adoption of an IPI measure is in the EU interest, the objective of achieving reciprocity by opening third country procurement markets and improving market access opportunities for Union economic operators should be prioritized.
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 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 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 208 #
Proposal for a regulation
Recital 24
Recital 24
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 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 352 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
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 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 437 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
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 476 #
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 of public interest in the field of public security or public health;
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.