18 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2012/0060(COD)
Amendment 49 #
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, collaboration and cooperation and mutual benefit.
Amendment 52 #
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 and protectionist policies in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 56 #
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 and rigorous application thereof.
Amendment 60 #
Proposal for a regulation
Recital 15
Recital 15
(15) In the light of the overall policy objective of the Union to support the economic growth of developing countries and their integration into the global value chain, which is the basis for the establishment by the Union of a generalised system of preferences as outlined in Regulation (EU) No 978/2012 of the European Parliament and of the Council19 , this Regulation should not apply to tenders where more than 570% of the total value of the tender is made up of goods and services originating, in accordance with the Union’s non- preferential rules of origin, in least- developed countries benefitting from the "Everything But Arms" arrangement or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined respectively in Annexes IV and VII to Regulation (EU) No 978/2012. _________________ 19Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
Amendment 62 #
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 should 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 and notify the authorities that do not comply with the common commercial policies.
Amendment 66 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
Amendment 72 #
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 and within a reasonable time. A report on the main findings of the investigation should therefore be publicly available.
Amendment 88 #
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 procurement to lay down common rules on the fair treatment of tenders which include goods and services not covered by the international commitments of the 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 93 #
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 or to exclude 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, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Tenders shall be exempted from this Regulation where more than 570% of the total value of the tender is made up of goods and/or services originating in least- developed countries listed in Annex IV to Regulation (EU) No 978/201227 , and in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined in Annex VII to Regulation (EU) No 978/2012. _________________ 27Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
Amendment 110 #
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 four months.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When the Commission has concluded its investigation, it shall make publicly available a report recording its main findings within six months from the conclusion of the investigation.
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where the Commission finds that there have been restrictive practices of access by Union economic operators or Union goods and services to public procurement or concession contracts in the third country, similar measures shall be established for the third country in relation to the Union;.
Amendment 127 #
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 159 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 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 131 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Tenders more than 570 % 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 141 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) to any tenders offering goods and services originating in the country concerned, where the value of these goods and services accounts for more than 570 % of the total value of the tender.
Amendment 158 #
Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 1
Article 11 – paragraph 1 – point b – paragraph 1
tenders offering goods and services originating in the third country concerned, where the value of those goods and services accounts for more than 570 % of the total value of the tender.
Amendment 184 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1