BETA

Activities of Metin KAZAK related to 2012/0060(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2012/0060(COD)

Shadow reports (1)

2016/11/22
Committee: INTA
Dossiers: 2012/0060(COD)
Documents: PDF(802 KB) DOC(907 KB)

Amendments (24)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

(1a) Member States or their contracting authorities/entities shall not restrict the access of non-covered goods or services to their tendering procedures by any measure other than those provided for in this Regulation. 2. Non-covered goods and services may be subject to restrictive measures taken by the Commission:

2013/10/03
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 1 – point a

~~(a) upon request of individual contracting entities according to the rules set out in Article 6;~~deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 1

1. ~~Upon request of contracting authorities/entities the Commission shall assess whether to approv~~Where the Commission takes a decision in accordance with Article 10, contracting authorities/entities shall exclude, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value- added tax (VAT) the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 750 % of the total value of the goods or services constituting the tender, under the following conditions.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Where contracting authorities/entities ~~intend to request the exclusion~~are obliged to exclude tenders in accordance with paragraph 1 from procedures for the award of contracts on the basis of paragraph 1 they shall indicate this in the contract notice they publish pursuant to Article 35 of Directive 2004/18/EC or pursuant to Article 42 of Directive 2004/17/EC or Article 26 of the Directive on the award of concession contracts.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3

Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they ~~intend to request the~~ exclu~~sion~~de for that reason, they shall notify the Commission. During the notification procedure the contracting authority/entity may continue its analysis of the tenders.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point c

(c) the name and contact details of the economic operator whose tender ~~would be~~is excluded;

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6

That information shall be provided within eight working days, commencing on the first working day following the date on which it receives the request for additional information. ~~If the Commission receives no information within this period the period established in paragraph 3 shall be suspended, until the Commission receives the requested information.~~

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 3

3. For contracts referred to in paragraph 1, the Commission shall adopt an implementing act concerning the approval of the intended exclusion within a period of two months commencing on the first working day following the date on which it receives the notification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2). This period may be extended once by a maximum of two months in duly justified cases, in particular if the information contained in the notification or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. If, at the end of this two-month period, or the extended period the Commission has not adopted a decision approving or disapproving the exclusion, the exclusion shall be deemed to have been disapproved by the Commission.deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 4

4. When adopting implementing acts pursuant to paragraph 3, the Commission shall approve the intended exclusion in the following cases: (a) if the international agreement concerning market access in the field of public procurement between the Union and the country where the goods and/or services originate contains, for the goods and/or services for which the exclusion is proposed, explicit market access reservations taken by the Union; (b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. For the purposes of point (b), a lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services. When adopting implementing acts pursuant to paragraph 3, the Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 5

5. When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following: (a) to what degree public procurement laws 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; (b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 5 – point a

(a) to what degree public procurement laws 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;deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 5 – point b

~~(b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.~~deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 6

~~6. Before the Commission takes a decision pursuant to paragraph 3 it shall hear the tenderer or tenderers concerned.~~deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 8

8. Paragraph 1 shall not apply where the Commission has adopted the implementing act on temporary access of the goods and services from a country engaged in substantive negotiations with the Union as set out in Article 9(4).deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2

~~In particular, the Commission shall take into account whether a number of intended exclusions have been approved pursuant to Article 6(3) of this Regulation.~~deleted

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 2

2. TWhen pursuing an investigation ~~referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6.~~under paragraph 1, the Commission shall examine the following:

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 2 a (new)

(2a) if the third country has concluded an agreement listed in Annex I, whether the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned where there are explicit market access reservations taken by the Union.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 2 b (new)

(2b) if an agreement referred to in Annex I does not exist, whether the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 3

3. The assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of ~~nine~~six months after the initiation of the investigation. In duly justified cases this period may be extended by t~~hree~~wo months.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 3 a (new)

(3a) When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following: (a) to what degree public procurement laws 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; (b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.

2013/10/03
Committee: INTA

Proposal for a regulation
Article 9 – paragraph 6

6. In the event that a consultation with a third country does not lead to satisfactory results within 152 months from the day the consultation with the third country started, the Commission shall terminate the consultation and consider acting under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country .

2013/10/03
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 1

1. Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the Union and the third country as referred to in Article 68, the Commission may adopt implementing acts to temporarily limit the access of non- covered goods and services originating in a third country for up to five years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

2013/10/03
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 2 – point a

(a) in accordance with article 6, the exclusion of tenders of which more than 750 % of the total value is made up of non- covered goods or services originating in the country adopting or maintaining a restrictive procurement practice; and/or

2013/10/03
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 3 a (new)

(3 a) The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.

2013/10/03
Committee: INTA