[ParlTrack]

Proposal for a directive
Article 79 a (new)

Article 79a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products or services originating in third countries with which the European Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for European Union undertakings to the markets of those third countries. It shall also apply to tenders containing products or services originating in third countries that are subject to a reservation concerning access to the European market under the terms of international agreements on public procurement concluded by the European Union (bilateral free-trade agreements or a multilateral agreement on public procurement). It shall be without prejudice to the obligations of the European Union or its Member States in respect of third countries. 2. Contracting entities shall ask tenderers to provide information on the origin of the goods and services in their tender, and their value. Statements on the tenderer’s honour shall be accepted as a means of preliminary proof. A contracting body can ask, at any time in the procedure, for part or all of the documentation required. Any tender submitted for the award of a supply contract may be rejected where the value of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, exceeds 50 % of the total value of the products or services constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 76, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the products and services originating in third countries that are referred to in paragraph 2. 5. The Commission shall submit an annual report to the European Parliament and the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for European Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may in the light of these developments, amend the provisions of this article.

2012/09/03
Committee: IMCO

Bernadette VERGNAUD

Proposal for a directive
Article 79 b (new)

Article 79b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of works, supplies and service contracts in third countries. 2. The Commission shall periodically report to the European Parliament and the Council on the opening up of works, supplies and service contracts in third countries and on progress in negotiations with these countries in this connection, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of works, supplies and service contracts, a third country: (a) does not grant European Union undertakings effective access comparable to that granted by the European Union to undertakings from that country; or (b) does not grant European Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than European Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international social and environmental provisions listed in Annex XIV when these undertakings have tried to secure the award of works, supplies and service contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of works, supplies and service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the European Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter works, supplies and services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the European Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.

2012/09/03
Committee: IMCO

Bernadette VERGNAUD

Proposal for a directive
Article 82 – paragraph 4

4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 5% of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications. When the value of the modification does not exceed half of the thresholds laid down in Article 12 and is equal to or exceeds 5 % of the price of the initial contract, assessment of whether the modification is substantial or not shall be carried out in accordance with the provisions of paragraph 2.

2012/09/03
Committee: IMCO

3 Amendments of Bernadette VERGNAUD related to 2011/0439(COD)

ParlTrack - 2011-2024