Activities of Reinhard BÜTIKOFER related to 2012/0060(COD)
Shadow reports (1)
SECOND REPORT on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Amendments (87)
Amendment 123 #
Proposal for a regulation
Recital 9
Recital 9
(9) Article 86 of Directive 2014/25/EU of the European Parliament and of the Council16 contains only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 85 and 86 . These provisions have a limited scope and should be replaced. _________________ 16Directive 2014/25/EU of the European Parliament and of the Council, of February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L 94, 28.3.2014, p. 243)acknowledges that EU economic operators being bound by international labour standards may encounter difficulties when attempting to secure the award of contracts in third countries due to the non-observance of international labour conventions. This can lead the Commission to propose the suspension or the restriction of the award of service contracts to economic operators originating in third countries. The same should apply in relations to all the labour and environmental conventions annexed to EU procurement Directives, as well as to the Paris Agreement.
Amendment 124 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Regulation 2018/46/EU of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union provides that procurement rules and principles applicable to public contracts awarded by Union institutions on their own account should be based on the rules set out in Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. It is therefore appropriate to also apply this Regulation and IPI measures to procurement procedures covered by Regulation 2018/46/EU.
Amendment 128 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-countryternational market access commitments undertaken by the Union towards third countries in the field of procurement and concessions require, among other things, equal treatment of economic operators, from those countracting authorities and contracting entiies. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from countries that are not Parties, to the international market access commitments undertaken by the Union towards third countries in the field of public procurement and conceplurilateral 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 to such agreements but only with respect to 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 European Commission's should be reflected in the legal order of the EU, thereby ensuring effective application thereof. Communication “Guidance on the participation of third-country bidders and goods in the EU procurement market” of 24 July 20191a and 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 EU procurement market or whose goods, services and works are not covered by such an agreement do not have secured access to procurement procedures in the EU and could be excluded. _________________ 1a C(2019) 5494 final
Amendment 143 #
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 50% 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, and unless there are reasonable indications of circumvention of any adopted IPI measures, this Regulation should not apply to tenders that have been submitted by an economic operator origin,ating 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. This Regulation should also not be applied to tenders submitted by an economic operator originating in developing countries that are beneficiaries of the general arrangement referred to in point (a) of Article 1(2) of Regulation (EU) No 978/2012, when the subject matter of those tenders is related to the green and digital transformation, development and cooperation priorities or other priorities in the framework of the EU's Global Gateway initiative. _________________ 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 148 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 156 #
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practimeasures or practices exist in a third country, that may result in the impairment of access exist in a third countryof Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on publicrules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurementand do not result in serious and preclude any discriminaurrent 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 discriminatory practices againstrestrictive practices impairing access to Union goods, services and economic operators in a significant and recurrent manner, by taking into account the economic values concerned, the sectors where the practices occur or the kinds or discriminatory actions put in place by contracting authorities or entities, also based on relevant international guidance.
Amendment 161 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 171 #
Proposal for a regulation
Recital 19
Recital 19
(19) 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 invesThe European Parliament, at the initigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council of its International Trade Committee, may request that the Commission initiate an investigation.
Amendment 173 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In the determination of whether the adoption of an IPI measure is in the interest of the Union, the general objective of opening third-country markets and improving market access opportunities for Union economic operators should be given special consideration. When addressing serious and recurrent impairment to market access opportunities, the Commission should apply the principle of reciprocity by taking into account the presence of third country bidders on the EU procurement market at a given moment. IPI measures may not be applied where the Commission, on the basis of all information submitted, can clearly conclude that it is not in the Union interest to apply such measures. The Commission should pay particular attention to sectors that are considered strategic in respect of EU public procurement.
Amendment 182 #
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 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 improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement and concessions markets in that country.
Amendment 188 #
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 countryinvestigation confirms the existence of the restrictive measures or practices and the consultations with the country concerned do not lead to satisfactory corrective action(s) that result in remedying the serious and recurrent impairment of access for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate under this Regulation, measures (IPI measures) in the form of a score adjustment or of exclusion of tenders.
Amendment 199 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In the 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 support the application of the instrument to SMEs. The Commission in cooperation with the Member States should make available guidelines providing for best practices to support SMEs and in order to ensure the efficiency of this Regulation and the consistency of its implementation.
Amendment 206 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 218 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 223 #
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, not to apply IPI 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 tas necessary for the safeguard of essential public policy needs in relation to public security, public health emergencies, or such environmental considerations as environmental footprint. The application of any exception should require the consultation of the Commission. The contracting authority ories and contracting entity to safeguard essential public needs, for example in the fieldsies should notify the Commission and enter in consultation with it in due time before the award of thealth and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract contract. National review bodies and other procedures as foreseen by Council Directive 89/665/EEC and Council Directive 92/13/EEC should also apply to the application of exceptions from IPI measures.
Amendment 228 #
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 access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 ofof IPI measures, including of exclusion from IPI measures, by contracting authorities or contracting entities, which negatively affects the chances to participate in the procurement procedure of economic operators having such a right, 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 could therefore initiate a review procedure according to the national law implementing these Directives, if, for example, a competing economic operator should have been excluded. The Commission should also be able to apply the corrective mechanism according to Article 3 of Council Directive89/665/EEC19 or Article 8 of Council Directive 92/13/EEC20
Amendment 236 #
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 Regulation. In line with the inter-institutional agreement on better law making and with the view, among others, to ease administrative burdens, the Commission should review the scope, functioning and efficiency of this Regulation. Such review will address, inter alia, the possibility of making use of any means available for facilitating the exchange of information, including electronic procurement facilities such as the standard forms for the publication of notices in the field of public procurement10, the effectiveness of value thresholds above which this Regulation applies, the effectiveness of the score adjustment as an IPI measure, the use of exceptions from IPI measures. 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 243 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries, regarding non-covered procurement. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countrithird country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to contractprocurement procedures covered by the following acts:
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(ca) Regulation 2018/1046/EU1a _________________ 1aRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation shall be without prejudice to any international obligations of the Union or measures that Member States and their contracting authorities and contracting entities may take in accordance with the acts referred to in paragraph 2.
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. This Regulation shall only apply to procurement procedures launched after its entry into force. An IPI measure shall only apply to procurement procedures which are covered by the IPI measure and have been launched at any moment between the entry into force of that IPI measure and its expiry, withdrawal or suspension. A reference to the application of this Regulation and any applicable IPI measure shall be included by contracting authorities and contracting entities in the procurement documents for procedures falling within the scope of an IPI measure.
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'economic operator' means any natural or legal person or public entity or group of such persons and/or entities, including any temporary association of undertakings, which submits a tender for the ex economic operator as defined in Direcution of works and/or a work, the supply of goods or the provision of services on the marketves 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'goods' means goods referred to in the object of the public procurement tender and in the specifications of the contract, but does not cover any input, material or ingredient incorporated in the supplied goods;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) ‘estimated value’ means the estimated value of a contract as calculated in accordance with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(ac) ‘evidence’ means any information, certificate, supporting document, statement and other means of proof aimed at proving compliance with the obligations set out in Article 9a(1)(c),such as: (i) certificates of origin, supplier declarations or import declarations for goods originating in third countries; (ii) description of manufacturing processes (including samples, descriptions or photographs) for goods to be supplied; (iii) extract of relevant registers or of financial statements for the origin of services, including a VAT identification number;
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘contracting authority’ means ‘a contracting authority’ as defined in Article 2(1) of Directive 2014/24/EUDirectives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'interested party' means any Member State and any person, undertaking or association of undertakings, trade unions or civil society organisations, such as consumers organisations whose interest might be affected by a third country measure;
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 287 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurementthird country measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, of a general nature, stemming from a national or sub-national policy, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country. A serious and recurrent impairment shall also be presumed where the non-observance of the international conventions listed in Annex X of EU Directive 2014/23/EU, Annex X of Directive 2014/24/EU and Annex XIV of Directive 2014/25/EU in the third country, as well as the non-observance of commitments undertaken under the Paris Agreement, have led to difficulties encountered by European economic operators and reported to the Commission, when those European economic operators have tried to secure the award of contracts and concessions in third countries;
Amendment 292 #
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘IPI measure’ means a measure adopted by the Commission under this Regulation limiting the access of economic operators and/or goods and services originating in third countries to the Union procurement or concessions market in the area of non-covered procurement;
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(fb) ‘non-covered procurement’ means procurement procedures for goods, services or concessions regarding which the Union has not undertaken market access commitments in an international agreement in the field of procurement or concessions;
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 1 – point f c (new)
Article 2 – paragraph 1 – point f c (new)
(fc) ‘contracts’ means ‘public contracts’ as defined in Directive2014/24/EU, ‘concessions’ as defined in Directive 2014/23/EU and ‘supply, works and service contracts’ as defined in Directive 2014/25/EU;
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point f d (new)
Article 2 – paragraph 1 – point f d (new)
(fd) ‘tenderer’ means a tenderer as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 300 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘subcontracting’ means arranging the part execution of a contract by a third party; the simple delivery of goods or parts necessary for the provision of a service is not considered to be subcontracting.
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purpose of this Regulation, except for Articles 8a(3) and 8a(6) thereof, the execution of works and/or a work within the meaning of Directives 2014/253/EU, 2014/24/EU and Directive 2014/235/EU shall be considered as the provision of a service.
Amendment 309 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 311 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 313 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 316 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) in the case of a natural person, the country of which the person is a national or where hethat person has a right of permanent residence;
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
Article 3 – paragraph 3 – point b – point i
(i) if the service is not provided through a commercial presence within the Union, the country under the laws of which the legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations, entailing a direct and effective link with the economy of the country concerned;
Amendment 321 #
Proposal for a regulation
Article 3 – paragraph 3 – point b – point ii
Article 3 – paragraph 3 – point b – point ii
ii) the Member State whereif the legal person is established andnot engaged in substantive business operations entailing a direct and effective link with the economy of the Member State concernedin the territory of the country in which it is constituted or otherwise engaged, the origin of the legal person shall be that of the person or persons which may exercise, directly or indirectly, a dominant influence on the legal person by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
Amendment 323 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
For the purposes of point (b) (ii) of the first subparagraph if the legal person is not engaged in substantive business operations entail, that person or persons shall be presumed as having a dominant influence on the legal person ing a direct and effective lny of the following cases ink withich the economy of a Member State , the origin of the legal person shall be that of the person or persons which own or control the legal person y, directly or indirectly: (a) hold the majority of the legal person’s subscribed capital; (b) control the majority of the votes attaching to shares issued by the legal person; (c) can appoint more than half of the legal person’s administrative, management or supervisory body.
Amendment 325 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 4
Article 3 – paragraph 3 – subparagraph 4
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Where an economic operator is a group of natural or legal persons and/or public entities, and at least one of such persons or entities originates from the third country whose economic operators and goods and services are subject to the IPI measure, the IPI measure shall equally apply to tenders submitted by that group. This shall not apply in cases in which such persons' or entities' participation in a group amounts to less than 10% of the value of the tender in question, but the IPI measure should still apply if that person or entity is necessary for fulfilling the majority of at least one of the selection criteria in a procurement procedure.
Amendment 332 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Contracting authorities or contracting entities may at any time during the procurement procedure request the economic operator to submit, supplement, clarify or complete the information or documentation related to the verification of the economic operator's origin within an appropriate time limit, provided that such requests are made in full compliance with the principles of equal treatment and transparency. Tenders from economic operators that fail to provide such information or documentation shall be rejected in accordance with the rules applicable to the award procedure.
Amendment 336 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Tenders shall be exempted from this Regulation where more than 50% of the total value of the tender is made up of goods and/or servicesthey have been submitted by an economic operator 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. The Commission, by adopting an implementing act in accordance with Article 14(5), shall exempt tenders submitted by an economic operator originating in developing countries that are beneficiaries of the general arrangement referred to in point (a) of Article 1(2) of Regulation (EU) No 978/2012, when the subject matter of those tenders is related to the green and digital transformation, development and cooperation priorities or other priorities in the framework of the EU's Global Gateway initiative. _________________ 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 339 #
Proposal for a regulation
Article 5
Article 5
Amendment 345 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Investigations, consultations and price adjustment measurecontractual obligations
Amendment 348 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Investigations and consultations
Amendment 351 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 357 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 358 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. 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 set up by Article 7 of the Council Regulation (EU) 2015/1843 (Trade Barriers Regulation)1a and consequently 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 (Trade Barriers Regulation), (OJ L 272, 16.10.2015, p. 1).
Amendment 359 #
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 practiceinvestigation and consultations shavell 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 eight months after the initiation of the investigation. In duly justified cases, this period may be extended by four months concluded within a period of nine months after the date of initiation of the investigation. In duly justified cases, the Commission may extend this period by five months by publishing a notice in the Official Journal of the European Union and informing the third country, all interested parties, the Member States and the European Parliament.
Amendment 365 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Upon conclusion of the investigation and consultations, the Commission shall make publicly available a report recording the main findings of the investigation and a proposed course of action.
Amendment 367 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the Commission concludes as a result offinds, 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 369 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 373 #
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 remedying the serious and recurrent impairment of access of Union economic operators or Union goods or services, or (b) undertakes commitments towards the Union to end or phase out the third country measure or practice within a reasonable period of time and no later than three months. The Commission may resume the investigation and consultations at any time if it concludes that the reasons for the suspension referred to in points (a) and (b) are no longer valid. 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 376 #
Proposal for a regulation
Article 7
Article 7
Amendment 388 #
Proposal for a regulation
Article 8
Article 8
Amendment 427 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 434 #
Proposal for a regulation
Article 9
Article 9
Amendment 436 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 441 #
Proposal for a regulation
Article 10
Article 10
Amendment 448 #
Proposal for a regulation
Article 11
Article 11
Amendment 467 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may, on an exceptional basis, decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
Amendment 471 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 477 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) there is only one tender received from an economic operator originating in the country subject to an IPI measure; or
Amendment 479 #
Proposal for a regulation
Article 12 – paragraph 1 – point a b (new)
Article 12 – paragraph 1 – point a b (new)
(ab) this is justified in case of emergency situations, in relation to objectively verifiable public security situations, public health emergencies or in case the best environmental footprint is to be taken into account.
Amendment 482 #
Amendment 489 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to 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 notify and consult with the Commission in due time before the award of the contract. The Commission shall inform the contracting authority or contracting entity of its position within 20 days and in duly justified cases may request additional ten days for further contract noticesultations.
Amendment 493 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The notification by a contracting authority or contracting entity to the Commission shall contain the following information:
Amendment 497 #
Proposal for a regulation
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) a description of the object of the contractn exact reference to the publication of the relevant tender in the Official Journal of the European Union (Tenders Electronic Daily);
Amendment 501 #
Proposal for a regulation
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
(d) the ground on which the decisintention not to apply the price adjustmentIPI measure is based, and a detailed justification for the use of the exception;
Amendment 513 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 519 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Resources The Commission shall make sure that an adequate amount of resources is allocated to the implementation and enforcement of this Regulation.
Amendment 520 #
Proposal for a regulation
Article 15
Article 15
Amendment 524 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 527 #
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 530 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Evaluation and Review No later than three years after the date of entry into force of this Regulation, and every five years thereafter, the Commission shall evaluate and review the scope, functioning and efficiency of this Regulation, with special consideration being given to the thresholds referred to in Article 8a paragraph 3 and with a view to aligning them with the EU procurement Directives, the score adjustment referred to in Article 2 paragraph 1(ac), the exceptions referred to in article 12, and shall report its findings to the European Parliament and the Council. Where the report recommends amendments to this Regulation, it may be accompanied by an appropriate legislative proposal.