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6 Amendments of Enikő GYŐRI related to 2012/0060(COD)

Amendment 189 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the country concerned do not lead to sufficientatisfactory corrective actions that result in 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 origin, where appropriate, should be able to adopt measures under this Regulationg in that country and/or including goods and services originating in that countrye form of a score adjustment or of exclusion of tenders ("IPI measures").
2021/10/18
Committee: INTA
Amendment 196 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Recital 23
(23) SuchA score adjustment measures should be applied only for the purpose of the evaluation of tenders comprising goods or servicesubmitted by economic operators originating in the country concerned. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link withIt should not affect the price actually due to be paid under the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respondtract to be concluded with the successful tenderer.
2021/10/18
Committee: INTA
Amendment 273 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) ‘score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents. In cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer.
2021/10/18
Committee: INTA
Amendment 335 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Article 4
Exemption for goods and services originating in least-developed and certain 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 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).Article 4 deleted developing countries
2021/10/18
Committee: INTA
Amendment 430 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Article 8 a (new)
Article 8a IPI measures 1. Where the Commission finds, following an investigation and consultations pursuant to Article 6, that a third-country measure or practice exists, it may, if it considers it to be in the interest of the Union, impose an IPI measure by means of an implementing act. An IPI measure shall only apply if the main object of the procurement procedure falls within the scope of the implementing act, as specified in accordance with paragraph 7 (a). The procurement procedure shall not be designed with the intention of excluding it from the scope of this Regulation. 2. The IPI measure shall be determined on the basis of the following criteria, in light of available information and the Union’s interest: (a) the proportionality of the IPI measure regarding the third-country measure or practice; (b) the availability of alternative sources of supply for the goods and services concerned, in order to avoid or minimise a significant negative impact on contracting authorities or contracting entities. 3. The IPI measure shall only apply to procurement procedures with an estimated value of at least EUR 15 000 000 net of value-added tax for works and concessions, and of at least EUR 5 000 000 net of value-added tax for goods and services. 4. The IPI measure shall also apply in the case of specific contracts awarded under a dynamic purchasing system, when those dynamic purchasing systems were subject to the IPI measure, with the exception of specific contracts the estimated value of which is below the respective values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU. The IPI measure shall not apply to procedures for the award of contracts based on a framework agreement. The IPI measure shall also not apply to individual lots to be awarded according to Article 5 (10) of Directive 2014/24/EU or Article16 (10) of Directive 2014/25/EU. 5. In its implementing act, the Commission may decide, within the scope defined in paragraph 6 of this Article, to restrict the access of operators, goods or services from third countries to procurement procedures by requiring contracting authorities or contracting entities to: (a) impose a score adjustment measure on tenders submitted by economic operators originating in the that third country; or (b) exclude tenders submitted by economic operators originating in that third country; or (c) impose a combination of (a) and (b), if different sectors or categories of goods and services are subject to IPI measures.; 6. The score adjustment measure referred to in paragraph 5(a) shall apply only for the purpose of the evaluation and ranking of the tenders. It shall not affect the price due to be paid under the contract to be concluded with the successful tenderer. 7. The implementing act, adopted in accordance with Article 14(2), shall specify the scope of application of the IPI measure, including: (a) the sectors or the categories of goods, services and concessions based on the Common Procurement Vocabulary set out in Regulation (EC) No 2195/20021a as well as any applicable exceptions, (b) specific categories of contracting authorities or contracting entities; (c) specific categories of economic operators; (d) specific thresholds equal or above those set out in paragraph 3; (e) as regards the score adjustment measure referred to in paragraph 5(a), the percentage value of the adjustment shall be set up to 40% of the evaluation score of the tender depending on the third country and sector of goods, services, works or concessions envisaged. 8. The Commission shall impose an IPI measure in form of exclusion, according to paragraph 5(b), only when the third-country measure or practice is sufficiently severe and the potential negative impact due to the limited availability of alternative sources, as provided for in paragraph 2(b), is comparatively small. 9. The Commission may withdraw the IPI measure or suspend its application if the third country takes satisfactory corrective actions or undertakes commitments to end the measure or practice in question. If the Commission considers that the corrective actions or commitments undertaken have been rescinded, suspended or improperly implemented, it shall make its findings publicly available and may reinstate the application of the IPI measure at any time. The Commission may withdraw, suspend or reinstate an IPI measure in accordance with the examination procedure referred to in Article 14(2) and followed by the publication of a notice in the Official Journal of the European Union. 10. An IPI measure shall expire five years from its entry into force or its extension, unless a review shows a need for its continued application. Such a review shall be initiated by a publication of a notice in the Official Journal of the European Union, at the initiative of the Commission nine months before the date of expiry, and shall be concluded within six months. Following the review, the Commission may extend the duration of an IPI measure for a period of five years in accordance with the examination procedure referred to in Article 14(2). _________________ 1aRegulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) (OJ L 340, 16.12.2002, p. 1).
2021/10/18
Committee: INTA
Amendment 440 #
Enikő GYŐRI, László TRÓCSÁNYI
Proposal for a regulation
Article 9 a (new)
Article 9a Additional contractual obligations upon the successful tenderer 1. In the case of procurement procedures to which an IPI measure is applicable, as well as in the case of contracts awarded based on a framework agreement where the estimated value of those contracts is equal or above the values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, respectively, and where those framework agreements were subject to the IPI measure, contracting authorities and contracting entities shall also include, among the conditions of the contract with the successful tenderer: (a) a commitment not to subcontract more than 50% of the total value of the contract to economic operators originating in a third country which is subject to an IPI measure; (b) for contracts whose subject matter covers the supply of goods, a commitment that, for the duration of the contract, goods supplied and/or services provided in the execution of the contract and originating in a third country which is subject to the IPI measure represent no more than 50% of the total value of the contract, whether such goods and/or services are supplied or provided directly by the tenderer or by a subcontractor; (c) an obligation to provide, upon request, adequate evidence corresponding to points (a) and/or (b) to the contracting authority or the contracting entity at the latest upon completion of the execution of the contract; (d) a proportionate charge, in case of non-observance of the commitments referred in points (a) or (b) between 10% and 30% of the total value of the contract. 2. For the purposes of paragraph 1 point (c), it is sufficient to provide evidence that more than 50% of the total value of the contract originates in countries other than the third country subject to the IPI measure. The contracting authority or contracting entity shall request evidence in case of reasonable indications of non-compliance with points (a) or (b) of paragraph 1 or if the contract is awarded to a group of economic operators comprising a legal person originating in a third country subject to an IPI measure. 3. Contracting authorities and contracting entities shall include a reference to the additional conditions laid down in this Article in the documents for procurement procedures to which an IPI measure is applicable.
2021/10/18
Committee: INTA
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