[ParlTrack]

Proposal for a regulation
–

The Committee on Internal Market and Consumer Protection calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
–

The Committee on Internal Market calls on the Committee on International Trade, as the committee responsible, to propose rejection of the amended 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.

2017/06/29
Committee: IMCO

Emma McCLARKIN, Dita CHARANZOVÁ

Proposal for a regulation
Recital 18

(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulation. Notwithstanding, the Member States should be able to provide for the use of the competitive procedure with negotiation or the competitive dialogue in various situations where the classic open or restricted procedures without negotiations are unlikely to deliver satisfactory outcomes.

2017/06/29
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
–

The European Parliament rejects [].

2013/10/03
Committee: INTA

Emma McCLARKIN, Dita CHARANZOVÁ

Proposal for a regulation
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 and offering the best value for money. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.

2017/06/29
Committee: IMCO

Emma McCLARKIN, Dita CHARANZOVÁ

Proposal for a regulation
Recital 29

(29) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council22 . In the same purpose, all the European Institutions should take into account the changes effected by this Regulation and adjust their own procurement rules accordingly to reflect these changes. __________________ 22 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for the control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

2017/06/29
Committee: IMCO

Emma McCLARKIN, Andreas SCHWAB

Proposal for a regulation
Article 6

~~[...]~~deleted

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2018/03/22
Committee: INTA

Emma McCLARKIN, Dita CHARANZOVÁ

Proposal for a regulation
Article 9 – paragraph 1

The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. This list can be updated by the Member States in case of necessity. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.

2017/06/29
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)

(aa) they conclude that not applying the price adjustment measure would be in their best interest;

2017/06/29
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 13 – paragraph 2

2. Contracts concluded with an economic operator in violation of price adjustment measures adopted or reinstated by the Commission pursuant to this Regulation can be, at the request of both contracting parties, examined by an international commercial arbitration court, permanent or ad hoc, which then shall have exclusive competencies to declare a contract effective or ineffective. If the contracting parties, however, decide not to bring the case to an international commercial arbitration court, a contract concluded in violation of this Regulation shall be ineffective.

2017/06/29
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 16 – paragraph 1 a (new)

Member States shall ensure that the application of this Regulation is monitored with a view to detecting threats to the financial interests of the Union and its Member States, to the unity of the single market and/or to the rights of the consumers. This monitoring shall be used to prevent, detect and adequately report possible instances of procurement fraud, corruption, conflict of interest and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.

2017/06/29
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Recital 21

(21) It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the main findings of the investigation should therefore be publicly available., whilst maintaining the appropriate level of commercial confidentiality;

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
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 and offering best value for money. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Recital 29

(29) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council22 . The Commission shall also ensure that all the Union institutions and agencies take into account the provisions of this Regulation and do the internal adjustments to reflect these changes. _________________ 22 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for the control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

2018/03/22
Committee: INTA

Emma McCLARKIN, Andreas SCHWAB

Proposal for a regulation
Article 7

Article 7 Abnormally low tenders Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. A contracting authority/entity may withhold any information release of it would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of economic operators, whether public or private, or might prejudice fair competition between them.deleted

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1 a. "Price adjustment" is a price penalty applied by the Member States, on the basis of a Commission decision, to the provision of goods and services from a third country in a Member State's procurement procedures, in response to a restrictive and/or discriminatory measure applied by that third country against the EU in the field of public procurement, which raises the cost of provision of those goods and services.

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 8

Article 8 Investigation relating to the access of EU economic operators, goods and services to the public procurement markets of third countries 1. Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties or a Member State, may initiate an external procurement investigation into alleged restrictive procurement measures. 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. Should an investigation be initiated, the Commission shall publish a notice in the Official Journal of the Union, inviting interested parties and Member States to provide all relevant information to the Commission within a specified period of time. 2. The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6. 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 months after the initiation of the investigation. In duly justified cases this period may be extended by three months. 4. When the Commission concludes as a result of the external procurement investigation that the alleged restrictive procurement measures are not maintained by the third country concerned, the Commission shall adopt a decision terminating the investigation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2).deleted

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 6

~~[...]~~deleted

2013/10/03
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 9

~~[...]~~deleted

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 10

Article 10 Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 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 6, the Commission may adopt implementing acts to temporarily limit the access of non-covered goods and services originating in a third country. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of tenders of which more than 50 % 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 (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice. 3. Measures adopted pursuant to paragraph 1 may in particular be limited to: (a) public procurement by certain defined categories of contracting authorities/entities; (b) public procurement of certain defined categories of goods or services; (c) public procurement above or within certain defined thresholds.deleted

2013/07/11
Committee: IMCO

Emma McCLARKIN

Proposal for a regulation
Article 9 – paragraph 1

The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. This list can be updated by Member States if needed. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)

(b a) they conclude that not applying the price adjustment measure would be in their best interest;

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 16 – paragraph 1 a (new)

Member States shall ensure that the application of this Regulation is monitored with a view to detecting threats to the financial interests of the Union and its Member States, to the unity of the single market and/or to the rights of the consumers. This monitoring shall be used to prevent, detect, and adequately report possible instances of procurement fraud, corruption, conflict of interests and other serious irregularities. Where monitoring authorities or structures identify specific violations or systemic problems, they shall be empowered to refer those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national Parliaments or committees thereof.

2018/03/22
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 7

Article 7 Abnormally low tenders Where the contracting authority/entity intends, under Article 69 of the Directive on public procurement or under Article 79 of the Directive on procurement by entities operating in the water, energy, transport and postal services sectors, after verifying the explanations of the tenderer, to accept an abnormally low tender comprising goods and/or services originating outside the Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, it shall inform the other tenderers of this in writing, including the reasons for the abnormally low character of the price or costs charged. A contracting authority/entity may withhold any information release of it would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of economic operators, whether public or private, or might prejudice fair competition between them.deleted

2013/10/03
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 8

Article 8 Investigation relating to the access of EU economic operators, goods and services to the public procurement markets of third countries 1. Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties or a Member State, may initiate an external procurement investigation into alleged restrictive procurement measures. 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. Should an investigation be initiated, the Commission shall publish a notice in the Official Journal of the Union, inviting interested parties and Member States to provide all relevant information to the Commission within a specified period of time. 2. The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6. 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 months after the initiation of the investigation. In duly justified cases this period may be extended by three months. 4. When the Commission concludes as a result of the external procurement investigation that the alleged restrictive procurement measures are not maintained by the third country concerned, the Commission shall adopt a decision terminating the investigation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2).deleted

2013/10/03
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 9

~~[...]~~deleted

2013/10/03
Committee: INTA

Emma McCLARKIN

Proposal for a regulation
Article 10

Article 10 Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 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 6, the Commission may adopt implementing acts to temporarily limit the access of non-covered goods and services originating in a third country. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of tenders of which more than 50 % 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 (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice. 3. Measures adopted pursuant to paragraph 1 may in particular be limited to: (a) public procurement by certain defined categories of contracting authorities/entities; (b) public procurement of certain defined categories of goods or services; (c) public procurement above or within certain defined thresholds.deleted

2013/10/03
Committee: INTA

Activities of Emma McCLARKIN related to 2012/0060(COD)

Plenary speeches (1)

Shadow reports (1)

Shadow opinions (2)

Amendments (28)

ParlTrack - 2011-2024